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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime and Energy Workforce
Technical Training Enhancement Act''.
SEC. 2. MARITIME AND ENERGY WORKFORCE TECHNICAL TRAINING ENHANCEMENT.
(a) Grants Required.--
(1) In general.--The Secretary of Energy (in this Act
referred to as the ``Secretary'') shall award grants to enable
eligible community colleges and other public institutions of
higher education to expand upon existing programs in maritime
and energy workforce technical training, including by admitting
more students, training faculty, expanding facilities, creating
new maritime career pathways from associate degree to
baccalaureate degree programs and awarding credit for prior
learning experience, or increasing cooperation with the
Department of Energy, the Department of Defense, the Department
of Homeland Security, the Department of Transportation, the
Department of Veterans Affairs, or the National Science
Foundation. In developing the grant program, the Secretary may
award a grant to a nonprofit organization with a track record
of at least 10 years of expertise in working with community
colleges on developing workforce development programs, to
provide assistance to the Secretary in carrying out the
requirements of this Act.
(2) Priority.--The Secretary shall give priority in the
award of grants under this section to eligible institutions
that have entered into a partnership with the Department of
Energy, the Department of Defense, the Department of Homeland
Security, the Department of Transportation, or the Department
of Veterans Affairs.
(3) Grant amounts.--Grants awarded under this section shall
be in amounts of not less than $1,000,000 and not more than
$1,500,000.
(b) Requests for Proposals.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, and annually thereafter for 2 years, the
Secretary shall issue a request for proposals from eligible
institutions for grants under this section.
(2) Proposals.--An eligible institution that seeks the
award of a grant under this section shall submit an application
therefor to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require,
including--
(A) demonstration of a willingness and ability to
participate in a partnership described in subsection
(a)(2), if any; and
(B) a commitment, and demonstration of an ability,
to maintain maritime and energy workforce technical
training programs after the end of the grant period.
(c) Grant Uses.--
(1) In general.--An eligible institution awarded a grant
under this section shall use grant amounts to carry out any of
the following:
(A) Training related to maritime or energy
transportation, logistics, and supply chain management.
(B) Training related to shipbuilding and ship
repair.
(C) Enhancement of academic and workforce training
programs, to include certifications and
apprenticeships, providing training for maritime and
energy employment.
(D) Salary supplementation for faculty in maritime
or energy training and education.
(E) Operation and maintenance of maritime or energy
related equipment and technology for use in
instructional programs.
(F) Acquisition of marine vessels, safety
equipment, ship simulators, electronic navigation
devices, fire suppression equipment, physical and
chemical measuring instruments, sampling devices, and
other assets and equipment for use in maritime or
energy related training and education.
(G) Renovation or construction of buildings to
house maritime or energy training and education
programs.
(H) Tuition reimbursement for successful completion
of a maritime or energy course, program, or
certification.
(2) Limitation on construction.--An eligible institution
awarded a grant under this section may use not more than 50
percent of the grant amount to carry out paragraph (1)(G).
(3) Admissions preference.--An eligible institution awarded
a grant under this section shall give preference in admission
to maritime or energy training and education programs to
veterans, to the extent practicable.
(4) Period of use of funds.--An eligible institution
awarded a grant under this section may use the grant funds for
a period of three years after the award of the grant.
(d) Definitions.--In this section:
(1) The term ``eligible institution'' means a community
college or other public postsecondary educational institution
located in close proximity to marine or port facilities in the
Gulf of Mexico, Atlantic Ocean, Pacific Ocean, or Great Lakes
offering a maritime training and education program, and which
has an established association with--
(A) a port authority or other established seaport
or inland port facility; and
(B) the Department of Energy, the Department of
Defense, the Department of Homeland Security, the
Department of Transportation, the Department of
Veterans Affairs, or other appropriate government
agencies.
(2) The term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of fiscal years 2016, 2017, and
2018, $12,000,000 to carry out this section.
SEC. 3. CENTERS OF EXCELLENCE IN MARITIME AND ENERGY WORKFORCE
TECHNICAL TRAINING.
(a) Grants for Establishment of Centers.--
(1) In general.--The Secretary, in consultation with the
Secretary of Transportation and the Secretary of Labor, shall
award a grant to no more than 10 eligible institutions to
enable the eligible institutions to--
(A) establish Centers of Excellence in Maritime and
Energy Workforce Technical Training (in this section
referred to as the ``Centers''); and
(B) enable eligible institutions to improve and
expand maritime and energy workforce training
opportunities for veterans, members of the Armed
Forces, Federal employees, and civilians by
implementing new programs in such training areas as--
(i) port related transportation systems,
maritime and energy logistics and supply chain
management, small vessel repair, maintenance of
navigation and deck cargo systems, maintenance
of sophisticated training equipment, port
related transportation, logistics, and supply
chain management, shipbuilding and ship repair,
operation and maintenance of equipment and
technology for use in maritime and energy
employment training; and
(ii) job placement in maritime and energy
related employment fields.
(2) Priority.--The Secretary shall give priority in the
award of grants under this section to eligible institutions
that have in force, or demonstrate the willingness and ability
to enter into, memoranda of understanding with the Department
of Energy, the Department of Defense, the Department of
Homeland Security, the Department of Transportation, the
Department of Veterans Affairs, or other appropriate government
agencies, or a cooperative agreement with an appropriate
private sector entity, which memorandum of understanding or
cooperative agreement provides for either, or both, of the
following:
(A) The provision of resources, whether in cash or
in kind, to the Center.
(B) Assistance for the Center in building maritime
or energy training capacity, or in training Federal
employees in maritime fields.
(3) Grant amount.--Grants awarded under this section shall
be in amounts of not more than $1,500,000 per Center.
(b) Requests for Proposals.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall issue a request for
proposals from eligible institutions for a grant under this
section.
(2) Proposals.--An eligible institution that seeks the
award of the grant under this section shall submit an
application therefor to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may require.
(c) Grant Uses.--
(1) In general.--An eligible institution awarded a grant
under this section shall use the grant amount for purposes as
follows:
(A) To develop an agenda for maritime and energy
training and education.
(B) To fund expansion of maritime and energy
training and education.
(C) To publish or otherwise disseminate findings
relating to best practices in maritime and energy
training and education.
(2) Period of use of funds.--Eligible institutions awarded
grants under this section may use the grant amount for a period
of five years after the award of the grant.
(d) Definitions.--In this section:
(1) The term ``eligible institution'' means a community
college or other public educational institution located in
close proximity to port or other marine facilities on the Gulf
of Mexico, Atlantic Ocean, Pacific Ocean, or Great Lakes that--
(A) operates an existing maritime or energy
workforce training program;
(B) offers accredited programs in academic areas
such as port related transportation, logistics, and
supply chain management and shipbuilding and ship
repair, among other areas relevant to maritime or
energy related workforce training;
(C) is well recognized in the field of maritime
workforce training; and
(D) has an established association with--
(i) a port authority; and
(ii) the Department of Energy, the
Department of Defense, the Department of
Homeland Security, the Department of
Transportation, the Department of Veterans
Affairs, or other appropriate government
agencies.
(2) The term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of fiscal years 2016, 2017, and
2018, $12,000,000 to carry out this section. | Maritime and Energy Workforce Technical Training Enhancement Act This bill directs the Department of Energy (DOE) to award grants to enable eligible community colleges and other public institutions of higher education to expand upon existing programs in maritime and energy workforce technical training, including by admitting more students, training faculty, expanding facilities, creating new maritime career pathways from associate degree to baccalaureate degree programs, and awarding credit for prior learning experience, or increasing cooperation with specified federal departments or the National Science Foundation. DOE shall give priority to institutions that have entered into a partnership with one of such departments. DOE may also award a grant to a nonprofit organization with a track record of at least 10 years of expertise in working with community colleges on developing workforce development programs, to provide assistance in carrying out this Act. Recipients shall use grant amounts for: training related to maritime or energy transportation, logistics, and supply chain management or to shipbuilding and ship repair; enhancement of academic and workforce training programs for maritime and energy employment; salary supplementation for faculty in maritime or energy training and education; operation and maintenance of maritime or energy related equipment and technology for use in instructional programs; acquisition of marine vessels and other assets and equipment for use in maritime or energy related training and education; renovation or construction of buildings to house maritime or energy training and education programs; and tuition reimbursement for successful completion of a maritime or energy course, program, or certification. The bill defines an "eligible institution" as a community college or other public postsecondary educational institution located in close proximity to marine or port facilities in the Gulf of Mexico, Atlantic Ocean, Pacific Ocean, or Great Lakes that offers a maritime training and education program and that has an established association with a port authority and appropriate government agencies. DOE shall award a grant to to enable up to 10 eligible institutions to: (1) establish Centers of Excellence in Maritime and Energy Workforce Technical Training; and (2) improve and expand maritime and energy workforce training opportunities for veterans, members of the Armed Forces, federal employees, and civilians by implementing new programs in specified training areas, including port related transportation systems and job placement in maritime and energy related employment fields. | Maritime and Energy Workforce Technical Training Enhancement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Developing Responsible Individuals
for a Vibrant Economy Act'' or the ``DRIVE-Safe Act''.
SEC. 2. APPRENTICESHIP PROGRAM FOR COMMERCIAL DRIVERS UNDER THE AGE OF
21.
(a) Definitions.--In this section:
(1) Apprentice.--The term ``apprentice'' means an
individual under the age of 21 who holds a commercial driver's
license.
(2) Commercial driver's license.--The term ``commercial
driver's license'' has the meaning given the term in section
31301 of title 49, United States Code.
(3) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 390.5 of
title 49, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(4) Driving time.--The term ``driving time'' has the
meaning given the term in section 395.2 of title 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(5) Experienced driver.--The term ``experienced driver''
means an individual who--
(A) is not less than 21 years of age;
(B) has held a commercial driver's license for the
2-year period ending on the date on which the
individual serves as an experienced driver under
subsection (c)(3)(B);
(C) has had no preventable accidents reportable to
the Department of Transportation or pointed moving
violations during the 1-year period ending on the date
on which the individual serves as an experienced driver
under subsection (c)(3)(B); and
(D) has a minimum of 1 year of experience driving a
commercial motor vehicle in interstate commerce.
(6) On-duty time.--The term ``on-duty time'' has the
meaning given the term in section 395.2 of title 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(7) Pointed moving violation.--The term ``pointed moving
violation'' means a violation that results in points being
added to the license of a driver, or a similar comparable
violation, as determined by the Secretary.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Apprentice.--An apprentice may--
(1) drive a commercial motor vehicle in interstate commerce
while taking part in the 120-hour probationary period under
subsection (c)(1) or the 280-hour probationary period under
subsection (c)(2), pursuant to an apprenticeship program
established by an employer in accordance with this section; and
(2) drive a commercial motor vehicle in interstate commerce
after the apprentice completes an apprenticeship program
described in paragraph (1).
(c) Apprenticeship Program.--An apprenticeship program referred to
in subsection (b)(2) is a program that consists of the following
requirements:
(1) 120-hour probationary period.--
(A) In general.--The apprentice shall complete 120
hours of on-duty time, of which not less than 80 hours
are driving time in a commercial motor vehicle.
(B) Performance benchmarks.--In order to complete
the 120-hour probationary period under subparagraph
(A), an employer shall determine that the apprentice is
competent in each of the following areas:
(i) Interstate, light city traffic, rural
2-lane, and evening driving.
(ii) Safety awareness.
(iii) Speed and space management.
(iv) Lane control.
(v) Mirror scanning.
(vi) Right and left turns.
(vii) Logging and complying with rules
relating to hours of service.
(2) 280-hour probationary period.--
(A) In general.--After completing the 120-hour
probationary period under paragraph (1), the apprentice
shall complete 280 hours of on-duty time, of which not
less than 160 hours are driving time in a commercial
motor vehicle.
(B) Performance benchmarks.--In order to complete
the 280-hour probationary period under subparagraph
(A), an employer shall determine that the apprentice is
competent in each of the following areas:
(i) Backing and maneuvering in close
quarters.
(ii) Pre-trip inspections.
(iii) Fueling procedures.
(iv) Weighing loads, weight distribution,
and sliding tandems.
(v) Coupling and uncoupling procedures.
(vi) Trip planning, truck routes, map
reading, navigation, and permits.
(3) Restrictions for 120-hour and 280-hour probationary
periods.--During the 120-hour probationary period under
paragraph (1) and the 280-hour probationary period under
paragraph (2)--
(A) the apprentice may only drive a commercial
motor vehicle that has--
(i) automatic manual or automatic
transmissions;
(ii) active braking collision mitigation
systems;
(iii) forward-facing video event capture;
and
(iv) governed speeds of 65 miles per hour
at the pedal and 65 miles per hour under
adaptive cruise control; and
(B) the apprentice shall be accompanied in the cab
of the commercial motor vehicle by an experienced
driver.
(4) Records retention.--The employer shall maintain
records, in a manner required by the Secretary, relating to the
satisfaction of the requirements of paragraphs (1)(B) and
(2)(B) by the apprentice.
(5) Reportable incidents.--If the apprentice is involved in
a preventable accident reportable to the Department of
Transportation or a pointed moving violation while driving a
commercial motor vehicle as part of an apprenticeship program
described in this subsection, the apprentice shall undergo
remediation and additional training until the apprentice can
demonstrate, to the satisfaction of the employer, competence in
each of the performance benchmarks described in paragraphs
(1)(B) and (2)(B).
(6) Completion of program.--The apprentice shall be
considered to have completed the apprenticeship program on the
date on which the apprentice completes the 280-hour
probationary period under paragraph (2).
(7) Minimum requirements.--
(A) In general.--Nothing in this Act prevents an
employer from imposing additional requirements on an
apprentice taking part in an apprenticeship program
established pursuant to this section.
(B) Technologies.--Nothing in this Act prevents an
employer from requiring or installing additional
technologies in a commercial motor vehicle in addition
to the technologies described in paragraph (3)(A).
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall promulgate regulations to implement
this Act. | Developing Responsible Individuals for a Vibrant Economy Act or the DRIVE-Safe Act This bill directs the Department of Transportation to promulgate regulations to implement an apprenticeship program for licensed commercial motor vehicle drivers under the age of 21. | Developing Responsible Individuals for a Vibrant Economy Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``50 States Commemorative Coin Program
Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) it is appropriate and timely--
(A) to honor the unique Federal republic of 50 States that
comprise the United States; and
(B) to promote the diffusion of knowledge among the youth
of the United States about the individual States, their history
and geography, and the rich diversity of the national heritage;
(2) the circulating coinage of the United States has not been
modernized during the 25-year period preceding the date of
enactment of this Act;
(3) a circulating commemorative 25-cent coin program could
produce earnings of $110,000,000 from the sale of silver proof
coins and sets over the 10-year period of issuance, and would
produce indirect earnings of an estimated $2,600,000,000 to
$5,100,000,000 to the United States Treasury, money that will
replace borrowing to fund the national debt to at least that
extent; and
(4) it is appropriate to launch a commemorative circulating
coin program that encourages young people and their families to
collect memorable tokens of all of the States for the face value of
the coins.
SEC. 3. ISSUANCE OF REDESIGNED QUARTER DOLLARS OVER 10-YEAR PERIOD
COMMEMORATING EACH OF THE 50 STATES.
Section 5112 of title 31, United States Code, is amended by
inserting after subsection (k) the following new subsection:
``(l) Redesign and Issuance of Quarter Dollar in Commemoration of
Each of the 50 States.--
``(1) Redesign beginning in 1999.--
``(A) In general.--Notwithstanding the fourth sentence of
subsection (d)(1) and subsection (d)(2), quarter dollar coins
issued during the 10-year period beginning in 1999, shall have
designs on the reverse side selected in accordance with this
subsection which are emblematic of the 50 States.
``(B) Transition provision.--Notwithstanding subpar- agraph
(A), the Secretary may continue to mint and issue quarter
dollars in 1999 which bear the design in effect before the
redesign required under this subsection and an inscription of
the year `1998' as required to ensure a smooth transition into
the 10-year program under this subsection.
``(2) Single state designs.--The design on the reverse side of
each quarter dollar issued during the 10-year period referred to in
paragraph (1) shall be emblematic of 1 of the 50 States.
``(3) Issuance of coins commemorating 5 states during each of
the 10 years.--
``(A) In general.--The designs for the quarter dollar coins
issued during each year of the 10-year period referred to in
paragraph (1) shall be emblematic of 5 States selected in the
order in which such States ratified the Constitution of the
United States or were admitted into the Union, as the case may
be.
``(B) Number of each of 5 coin designs in each year.--Of
the quarter dollar coins issued during each year of the 10-year
period referred to in paragraph (1), the Secretary of the
Treasury shall prescribe, on the basis of such factors as the
Secretary determines to be appropriate, the number of quarter
dollars which shall be issued with each of the 5 designs
selected for such year.
``(4) Selection of design.--
``(A) In general.--Each of the 50 designs required under
this subsection for quarter dollars shall be--
``(i) selected by the Secretary after consultation
with--
``(I) the Governor of the State being commemorated,
or such other State officials or group as the State may
designate for such purpose; and
``(II) the Commission of Fine Arts; and
``(ii) reviewed by the Citizens Commemorative Coin
Advisory Committee.
``(B) Selection and approval process.--Designs for quarter
dollars may be submitted in accordance with the design
selection and approval process developed by the Secretary in
the sole discretion of the Secretary.
``(C) Participation.--The Secretary may include
participation by State officials, artists from the States,
engravers of the United States Mint, and members of the general
public.
``(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
quarter dollar minted under this subsection.
``(E) Prohibition on certain representations.--No head and
shoulders portrait or bust of any person, living or dead, and
no portrait of a living person may be included in the design of
any quarter dollar under this subsection.
``(5) Treatment as numismatic items.--For purposes of sections
5134 and 5136, all coins minted under this subsection shall be
considered to be numismatic items.
``(6) Issuance.--
``(A) Quality of coins.--The Secretary may mint and issue
such number of quarter dollars of each design selected under
paragraph (4) in uncirculated and proof qualities as the
Secretary determines to be appropriate.
``(B) Silver coins.--Notwithstanding subsection (b), the
Secretary may mint and issue such number of quarter dollars of
each design selected under paragraph (4) as the Secretary
determines to be appropriate, with a content of 90 percent
silver and 10 percent copper.
``(C) Sources of bullion.--The Secretary shall obtain
silver for minting coins under subparagraph (B) from available
resources, including stockpiles established under the Strategic
and Critical Materials Stock Piling Act.
``(7) Application in event of the admission of additional
states.--If any additional State is admitted into the Union before
the end of the 10-year period referred to in paragraph (1), the
Secretary of the Treasury may issue quarter dollar coins, in
accordance with this subsection, with a design which is emblematic
of such State during any 1 year of such 10-year period, in addition
to the quarter dollar coins issued during such year in accordance
with paragraph (3)(A).''.
SEC. 4. UNITED STATES DOLLAR COINS.
(a) Short Title.--This section may be cited as the ``United States
$1 Coin Act of 1997''.
(b) Weight.--Section 5112(a)(1) of title 31, United States Code, is
amended by striking ``and weighs 8.1 grams''.
(c) Color and Content.--Section 5112(b) of title 31, United States
Code, is amended--
(1) in the first sentence, by striking ``dollar,''; and
(2) by inserting after the fourth sentence the following: ``The
dollar coin shall be golden in color, have a distinctive edge, have
tactile and visual features that make the denomination of the coin
readily discernible, be minted and fabricated in the United States,
and have similar metallic, anti-counterfeiting properties as United
States coinage in circulation on the date of enactment of the
United States $1 Coin Act of 1997.''.
(d) Design.--Section 5112(d)(1) of title 31, United States Code, is
amended by striking the fifth and sixth sentences and inserting the
following: ``The Secretary of the Treasury, in consultation with the
Congress, shall select appropriate designs for the obverse and reverse
sides of the dollar coin.''.
(e) Production of New Dollar Coins.--
(1) In general.--Upon the depletion of the Government's supply
(as of the date of enactment of this Act) of $1 coins bearing the
likeness of Susan B. Anthony, the Secretary of the Treasury shall
place into circulation $1 coins that comply with the requirements
of subsections (b) and (d)(1) of section 5112 of title 31, United
States Code, as amended by this section.
(2) Authority of secretary to continue production.--If the
supply of $1 coins bearing the likeness of Susan B. Anthony is
depleted before production has begun of $1 coins which bear a
design which complies with the requirements of subsections (b) and
(d)(1) of section 5112 of title 31, United States Code, as amended
by this section, the Secretary of the Treasury may continue to mint
and issue $1 coins bearing the likeness of Susan B. Anthony in
accordance with that section 5112 (as in effect on the day before
the date of enactment of this Act) until such time as production
begins.
(3) Numismatic sets.--The Secretary may include such $1 coins
in any numismatic set produced by the United States Mint before the
date on which the $1 coins authorized by this section are placed in
circulation.
(f) Marketing Program.--
(1) In general.--Before placing into circulation $1 coins
authorized under this section, the Secretary of the Treasury shall
adopt a program to promote the use of such coins by commercial
enterprises, mass transit authorities, and Federal, State, and
local government agencies.
(2) Study required.--The Secretary of the Treasury shall
conduct a study on the progress of the marketing program adopted in
accordance with paragraph (1).
(3) Report.--Not later than March 31, 2001, the Secretary of
the Treasury shall submit a report to the Congress on the results
of the study conducted pursuant to paragraph (2).
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed to evidence any intention to eliminate or to limit the
printing or circulation of United States currency in the $1
denomination.
SEC. 6. FIRST FLIGHT COMMEMORATIVE COINS.
(a) Coin Specifications.--
(1) Denominations.--The Secretary of the Treasury (hereafter in
this section referred to as the ``Secretary'') shall mint and issue
the following coins:
(A) $10 gold coins.--Not more than 100,000 $10 coins, each
of which shall--
(i) weigh 16.718 grams;
(ii) have a diameter of 1.06 inches; and
(iii) contain 90 percent gold and 10 percent alloy.
(B) $1 silver coins.--Not more than 500,000 $1 coins, each
of which shall--
(i) weigh 26.73 grams;
(ii) have a diameter of 1.500 inches; and
(iii) contain 90 percent silver and 10 percent copper.
(C) Half dollar clad coins.--Not more than 750,000 half
dollar coins each of which shall--
(i) weigh 11.34 grams;
(ii) have a diameter of 1.205 inches; and
(iii) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this section shall be
legal tender, as provided in section 5103 of title 31, United States
Code.
(c) Sources of Bullion.--The Secretary shall obtain gold and silver
for minting coins under this section pursuant to the authority of the
Secretary under other provisions of law, including authority relating
to the use of silver stockpiles established under the Strategic and
Critical Materials Stockpiling Act, as applicable.
(d) Design of Coins.--
(1) Design requirements.--
(A) In general.--The design of the coins minted under this
section shall be emblematic of the first flight of Orville and
Wilbur Wright in Kitty Hawk, North Carolina, on December 17,
1903.
(B) Designation and inscriptions.--On each coin minted
under this section there shall be--
(i) a designation of the value of the coin;
(ii) an inscription of the year ``2003''; and
(iii) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(2) Selection.--The design for the coins minted under this
section shall be--
(A) selected by the Secretary after consultation with the
Board of Directors of the First Flight Foundation and the
Commission of Fine Arts; and
(B) reviewed by the Citizens Commemorative Coin Advisory
Committee.
(e) Period for Issuance of Coins.--The Secretary may issue coins
minted under this section only during the period beginning on August 1,
2003, and ending on July 31, 2004.
(f) Sale of Coins.--
(1) Sale price.--The coins issued under this section shall be
sold by the Secretary at a price equal to the sum of--
(A) the face value of the coins;
(B) the surcharge provided in paragraph (4) with respect to
such coins; and
(C) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(2) Bulk sales.--The Secretary shall make bulk sales of the
coins issued under this section at a reasonable discount.
(3) Prepaid orders.--
(A) In general.--The Secretary shall accept prepaid orders
for the coins minted under this section before the issuance of
such coins.
(B) Discount.--Sale prices with respect to prepaid orders
under subparagraph (A) shall be at a reasonable discount.
(4) Surcharges.--All sales shall include a surcharge of--
(A) $35 per coin for the $10 coin;
(B) $10 per coin for the $1 coin; and
(C) $1 per coin for the half dollar coin.
(g) General Waiver of Procurement Regulations.--
(1) In general.--Except as provided in paragraph (2), 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.
(2) Equal employment opportunity.--Paragraph (1) does not
relieve any person entering into a contract under the
authority of this section from complying with any law relating to
equal employment opportunity.
(h) Treatment as Numismatic Items.--For purposes of sections 5134
and 5136 of title 31, United States Code, all coins minted under this
subsection shall be considered to be numismatic items.
(i) Distribution of Surcharges.--
(1) In general.--Subject to section 5134 of title 31, United
States Code, all surcharges received by the Secretary from the sale
of coins issued under this section shall be promptly paid by the
Secretary to the First Flight Foundation for the purposes of--
(A) repairing, refurbishing, and maintaining the Wright
Brothers Monument on the Outer Banks of North Carolina; and
(B) expanding (or, if necessary, replacing) and maintaining
the visitor center and other facilities at the Wright Brothers
National Memorial Park on the Outer Banks of North Carolina,
including providing educational programs and exhibits for
visitors.
(2) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the First Flight Foundation as may be related to the
expenditures of amounts paid under paragraph (1).
(j) Financial Assurances.--The Secretary shall take such actions as
may be necessary to ensure that minting and issuing coins under this
section will not result in any net cost to the United States
Government.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | 50 States Commemorative Coin Program Act - Amends Federal law to mandate redesign of quarter-dollar coins issued during the ten-year period beginning 1999, with the reverse side emblematic of five of the 50 States each year during such period, selected in the order of their ratification of the U.S. Constitution or their admission to the Union.
United States $1 Coin Act of 1997 - Amends Federal law to mandate that the dollar coin shall: (1) be golden in color, have a distinctive edge, with tactile and visual features making it readily discernible; (2) be minted and fabricated in the United States; and (3) have similar metallic anticounterfeiting properties as U.S. clad coinage in circulation on the date of enactment of this Act.
Directs the Secretary of the Treasury to place into circulation $1 coins that comply with such mandate upon depletion of the Government's supply of $1 coins bearing the likeness of Susan B. Anthony.
Authorizes the Secretary to continue to mint and issue $1 Susan B. Anthony coins if they are depleted before production has begun of the new $1 coins mandated by this Act.
Directs the Secretary to: (1) adopt a marketing program promoting the use of $1 coins by commercial enterprises, mass transit authorities, and Federal, State, and local government agencies; and (2) conduct a marketing study and report its progress results to the Congress.
Directs the Secretary to mint and issue for a limited period ten-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina, on December 17, 1903.
Precludes this Act from being construed as evidence of any intention to eliminate or limit the printing or circulation of United States currency in the $1 denomination.
Mandates prompt payment of all surcharges received from coin sales to the First Flight Foundation to: (1) maintain the Wright Brothers Monument on the Outer Banks of North Carolina; and (2) expand and maintain the visitor center and other facilities at the Wright Brothers National Memorial Park. | 50 States Commemorative Coin Program Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lumbee Recognition Act''.
SEC. 2. PREAMBLE.
The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended
as follows:
(1) By striking ``and'' at the end of each clause.
(2) By striking ``: Now, therefore,'' at the end of the
last clause and inserting a semicolon.
(3) By adding at the end the following new clauses:
``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina
are descendants of coastal North Carolina Indian tribes, principally
Cheraw, and have remained a distinct Indian community since the time of
contact with white settlers;
``Whereas since 1885 the State of North Carolina has recognized the Lumbee
Indians as an Indian tribe;
``Whereas in 1956 the Congress of the United States acknowledged the Lumbee
Indians as an Indian tribe, but withheld from the Lumbee Tribe the
benefits, privileges and immunities to which the Tribe and its members
otherwise would have been entitled by virtue of the Tribe's status as a
federally recognized tribe; and
``Whereas the Congress finds that the Lumbee Indians should now be entitled to
full Federal recognition of their status as an Indian tribe and that the
benefits, privileges and immunities that accompany such status should be
accorded to the Lumbee Tribe: Now, therefore,''.
SEC. 3. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254), is amended as follows:
(1) By striking the last sentence of the first section.
(2) By striking section 2 and inserting the following new
sections:
``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee
Tribe of North Carolina, as designated as petitioner number 65 by the
Office of Federal Acknowledgement. All laws and regulations of the
United States of general application to Indians and Indian tribes shall
apply to the Lumbee Tribe of North Carolina and its members.
``(b) Notwithstanding the first section, any group of Indians in
Robeson and adjoining counties, North Carolina, whose members are not
enrolled in the Lumbee Tribe of North Carolina as determined under
section 3(c), may petition under part 83 of title 25 of the Code of
Federal Regulations for acknowledgement of tribal existence.
``Sec. 3. (a) The Lumbee Tribe of North Carolina and its members
shall be eligible for all services and benefits provided to Indians
because of their status as members of a federally recognized tribe. For
the purposes of the delivery of such services, those members of the
Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in
North Carolina shall be deemed to be residing on or near an Indian
reservation.
``(b) Upon verification by the Secretary of the Interior of a
tribal roll under subsection (c), the Secretary of the Interior and the
Secretary of Health and Human Services shall develop, in consultation
with the Lumbee Tribe of North Carolina, a determination of needs and
budget to provide the services to which members of the Tribe are
eligible. The Secretary of the Interior and the Secretary of Health and
Human Services shall each submit a written statement of such needs and
budget to Congress after the tribal roll is verified.
``(c) For purposes of the delivery of Federal services, the tribal
roll in effect on the date of the enactment of this section shall,
subject to verification by the Secretary of the Interior, define the
service population of the Tribe. The Secretary's verification shall be
limited to confirming compliance with the membership criteria set out
in the Tribe's constitution adopted on November 16, 2001, which
verification shall be completed within 2 years after the date of the
enactment of this section.
``Sec. 4. (a) Fee lands which the Tribe seeks to convey to the
United States to be held in trust shall be treated by the Secretary of
the Interior as `on-reservation' trust acquisitions under part 151 of
title 25 of the Code of Federal Regulations (or a successor regulation)
if such lands are located within Robeson County, North Carolina.
``(b) The tribe may not conduct gaming activities as a matter of
claimed inherent authority or under the authority of any Federal law,
including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or
under any regulations thereunder promulgated by the Secretary or the
National Indian Gaming Commission.
``Sec. 5. (a) The State of North Carolina shall exercise
jurisdiction over--
``(1) all criminal offenses that are committed on; and
``(2) all civil actions that arise on, lands located within
the State of North Carolina that are owned by, or held in trust
by the United States for, the Lumbee Tribe of North Carolina,
or any dependent Indian community of the Lumbee Tribe of North
Carolina.
``(b) The Secretary of the Interior is authorized to accept on
behalf of the United States, after consulting with the Attorney General
of the United States any transfer by the State of North Carolina to the
United States of any portion of the jurisdiction of the State of North
Carolina described in paragraph (1) pursuant to an agreement between
the Lumbee Tribe and the State of North Carolina. Such transfer of
jurisdiction may not take effect until 2 years after the effective date
of the agreement.
``(c) The provisions of this subsection shall not affect the
application of section 109 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1919).
``Sec. 6. There are authorized to be appropriated such sums as are
necessary to carry out this Act.''.
Passed the House of Representatives June 7, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Lumbee Recognition Act - Extends federal recognition to the Lumbee Tribe of North Carolina, as designated as petitioner number 65 by the Office of Federal Acknowledgment.
Permits any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Tribe to petition for acknowledgment of tribal existence.
Makes the Tribe and its members eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. Deems, for purposes of delivery of such services, those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland Counties in North Carolina to be residing on or near an Indian reservation.
Instructs the Secretary to treat fee lands which the Tribe seeks to convey to the United States to be held in trust as "on-reservation" trust acquisitions if such lands are located within Robeson County.
Prohibits the Tribe from conducting gaming activities.
Grants the state of North Carolina jurisdiction over all criminal offenses and all civil actions on lands within North Carolina that are owned by or held in trust for the Tribe or any independent Indian community of the Tribe. Authorizes the Secretary to accept any transfer by the state of any portion of the state's jurisdiction of such offenses and actions pursuant to an agreement between the Tribe and the state. Bars such transfer of jurisdiction from taking effect until two years after the effective date of the agreement.
Authorizes appropriations. | To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iranian Leadership Asset
Transparency Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Iran is characterized by high levels of official and
institutional corruption, and substantial involvement by Iran's
security forces, particularly the Islamic Revolutionary Guard
Corps (IRGC), in the economy.
(2) Many members of Iran's senior political and military
leadership have acquired significant personal and institutional
wealth by using their positions to secure control of
significant portions of Iran's national economy.
(3) Sanctions relief provided through the Joint
Comprehensive Plan of Action has resulted in the removal of
many Iranian entities that are tied to governmental corruption
from the list of entities sanctioned by the United States.
(4) The Department of Treasury in 2011 designated the
Islamic Republic of Iran's financial sector as a jurisdiction
of primary money laundering concern under section 311 of the
USA PATRIOT Act, stating ``Treasury has for the first time
identified the entire Iranian financial sector; including
Iran's Central Bank, private Iranian banks, and branches, and
subsidiaries of Iranian banks operating outside of Iran as
posing illicit finance risks for the global financial
system.''.
(5) Iran continues to be listed by the Financial Action
Task Force (FATF) among the ``Non-Cooperative Countries or
Territories''--countries which it perceived to be non-
cooperative in the global fight against terror finance and
money laundering.
(6) Iran and North Korea are the only countries listed by
the FATF as ``Non-Cooperative Countries or Territories''
against which FATF countries should take measures.
(7) The Transparency International index of perceived
public corruption ranks Iran 130th out of 168 countries
surveyed.
(8) The State Department identified Iran as a ``major
money-laundering country'' in its International Narcotics
Control Strategy Report (INCSR) for 2016.
(9) The State Department currently identifies Iran, along
with Sudan and Syria, as a state sponsor of terrorism, ``having
repeatedly provided support for acts of international
terrorism''.
(10) The State Department's ``Country Reports on
Terrorism'', published last in July 2017, noted that ``Iran
continued to sponsor terrorist groups around the world,
principally through its Islamic Revolutionary Guard Corps-Qods
Force (IRGC-QF). These groups included Lebanese Hizballah,
several Iraqi Shia militant groups, Hamas, and Palestine
Islamic Jihad. Iran, Hizballah, and other Shia militia
continued to provide support to the Asad regime, dramatically
bolstering its capabilities, prolonging the civil war in Syria,
and worsening the human rights and refugee crisis there.''.
(11) The Iranian Government's tolerance of corruption and
nepotism in business limits opportunities for foreign and
domestic investment, particularly given the significant
involvement of the IRGC in many sectors of Iran's economy.
(12) The IRGC and the leadership-controlled bonyads
(foundations) control an estimated one-third of Iran's total
economy, including large portions of Iran's telecommunications,
construction, and airport and port operations. These operations
give the IRGC and bonyads vast funds to support terrorist
organizations such as Hezbollah and Hamas.
(13) By gaining control of major economic sectors, the IRGC
and bonyads have also served to further disadvantage the
average Iranian.
SEC. 3. REPORT REQUIREMENT RELATING TO ASSETS OF IRANIAN LEADERS AND
CERTAIN SENIOR POLITICAL FIGURES.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, and annually thereafter (or more frequently if
the Secretary of the Treasury determines it appropriate based on new
information received by the Secretary) for the following 2 years, the
Secretary of the Treasury shall, in furtherance of the Secretary's
efforts to prevent the financing of terrorism, money laundering, or
related illicit finance and to make financial institutions' required
compliance with remaining sanctions more easily understood, submit a
report to the appropriate congressional committees containing--
(1) the estimated total funds or assets held in accounts at
United States and foreign financial institutions that are under
direct or indirect control by each natural person described in
subsection (b) and a description of such assets;
(2) an identification of any equity stake such natural
person has in an entity on the Department of the Treasury's
list of Specially Designated Nationals or in any other
sanctioned entity;
(3) a description of how such funds or assets or equity
interests were acquired, and how they have been used or
employed;
(4) a description of any new methods or techniques used to
evade anti-money laundering and related laws, including
recommendations to improve techniques to combat illicit uses of
the United States financial system by each natural person
described in subsection (b);
(5) recommendations for how United States economic
sanctions against Iran may be revised to prevent the funds or
assets described under this subsection from being used by the
natural persons described in subsection (b) to contribute--
(A) to the continued development, testing, and
procurement of ballistic missile technology by Iran;
and
(B) to human rights abuses;
(6) a description of how the Department of the Treasury
assesses the impact and effectiveness of United States economic
sanctions programs against Iran;
(7) an assessment of the impact and effectiveness of United
States economic sanctions programs against Iran; and
(8) recommendations for improving the ability of the
Department of the Treasury to rapidly and effectively develop,
implement, and enforce additional economic sanctions against
Iran if so ordered by the President under the International
Emergency Economic Powers Act or other corresponding
legislation.
(b) Persons Described.--The natural persons described in this
subsection are the following:
(1) The Supreme Leader of Iran.
(2) The President of Iran.
(3) Members of the Council of Guardians.
(4) Members of the Expediency Council.
(5) The Minister of Intelligence and Security.
(6) The Commander and the Deputy Commander of the IRGC.
(7) The Commander and the Deputy Commander of the IRGC
Ground Forces.
(8) The Commander and the Deputy Commander of the IRGC
Aerospace Force.
(9) The Commander and the Deputy Commander of the IRGC
Navy.
(10) The Commander of the Basij-e-Mostaz'afin.
(11) The Commander of the Qods Force.
(12) The Commander in Chief of the Police Force.
(13) The head of the IRGC Joint Staff.
(14) The Commander of the IRGC Intelligence.
(15) The head of the IRGC Imam Hussein University.
(16) The Supreme Leader's Representative at the IRGC.
(17) The Chief Executive Officer and the Chairman of the
IRGC Cooperative Foundation.
(18) The Commander of the Khatam-al-Anbia Construction Head
Quarter.
(19) The Chief Executive Officer of the Basij Cooperative
Foundation.
(20) The head of the Political Bureau of the IRGC.
(21) The head of the Atomic Energy Organization of Iran.
(c) Form of Report; Public Availability.--
(1) Form.--The report required under subsection (a) shall
be submitted in unclassified form but may contain a classified
annex.
(2) Public availability.--The unclassified portion of such
report shall be made available to the public and posted on the
website of the Department of the Treasury--
(A) in English, Farsi, Arabic, and Azeri; and
(B) in precompressed, easily downloadable versions
that are made available in all appropriate formats.
(d) Sources of Information.--In preparing a report described under
subsection (a), the Secretary of the Treasury may use any credible
publication, database, web-based resource, public information compiled
by any government agency, and any information collected or compiled by
a nongovernmental organization or other entity provided to or made
available to the Secretary, that the Secretary finds credible.
(e) Definitions.--For purposes of this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees
on Financial Services and Foreign Affairs of the House of
Representatives and the Committees on Banking, Housing, and
Urban Affairs and Foreign Relations of the Senate.
(2) Funds.--The term ``funds'' means--
(A) cash;
(B) equity;
(C) any other intangible asset whose value is
derived from a contractual claim, including bank
deposits, bonds, stocks, a security as defined in
section 2(a) of the Securities Act of 1933 (15 U.S.C.
77b(a)), or a security or an equity security as defined
in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)); and
(D) anything else that the Secretary determines
appropriate.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that in preparing the reports required
under section 3, the Secretary of the Treasury should consider
acquiring information from sources that--
(1) collect and, if necessary, translate high-veracity,
official records; or
(2) provide search and analysis tools that enable law
enforcement to have new insights into commercial and financial
relationships.
Passed the House of Representatives December 13, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Iranian Leadership Asset Transparency Act (Sec. 3) This bill requires the Department of the Treasury, in furtherance of efforts to prevent terrorism financing, money laundering, or illicit finance and to make financial institutions' sanctions compliance more easily understood, to report to Congress within 270 days and annually thereafter for the next two years regarding: the funds or assets held in U.S. and foreign financial institutions that are controlled by specified Iranian officials; any equity stake such official has in an entity on Treasury's list of Specially Designated Nationals or in any other sanctioned entity; how such funds, assets, or equity interests were acquired and used; new methods used to evade anti-money laundering and related laws, including recommendations to improve techniques to combat illicit uses of the U.S. financial system by each such official; recommendations for revising U.S. economic sanctions against Iran to prevent Iranian officials from using funds or assets to develop and procure ballistic missile technology; how Treasury assesses the effectiveness of U.S. economic sanctions against Iran; and recommendations for improving Treasury's ability to develop and enforce additional economic sanctions against Iran. The unclassified portion of the report shall be made available to the public and posted on Treasury's website in downloadable English, Farsi, Arabic, and Azeri versions. (Sec. 4) It is the sense of Congress that in preparing the reports pursuant to this bill Treasury should consider acquiring information from sources that: (1) collect high-veracity official records; or (2) provide search and analysis tools that enable law enforcement to have new insights into commercial and financial relationships. | Iranian Leadership Asset Transparency Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lake Traverse Reservation Act
Amendments of 2006''.
SEC. 2. AMENDMENTS TO LAKE TRAVERSE HEIRSHIP ACT.
Public Law 98-513 is amended by striking section 5 (98 Stat. 2413)
and inserting the following:
``SEC. 5. INHERITANCE OF SMALL FRACTIONAL INTEREST.
``(a) Definitions.--In this section:
``(1) Escheatment.--The term `escheatment' means an
escheatment to the Tribe of an interest in land pursuant to
this section.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(3) Small fractional interest.--The term `small
fractional interest' means an undivided trust or restricted
interest in a parcel of land within the reservation that--
``(A) represents less than 5 percent of the entire
undivided ownership of the parcel of land (as reflected
in the decedent's estate inventory as of the date on
which the decisionmaker enters the final decision
determining heirs); and
``(B) does not exceed the equivalent of 2\1/2\
acres if the interest were to be expressed in terms of
its proportionate share of the total acreage of the
parcel of land of which the parcel is a part.
``(b) Intestate Inheritance in General.--Notwithstanding section 3,
no small fractional interest shall pass by intestate succession under
this Act or any other provision of law except as provided in subsection
(c).
``(c) Inheritance by Tribe.--If a person dies possessed of a small
fractional interest that has not been devised in accordance with
subsection (d) to 1 or more eligible devisees described in that
subsection, the small fractional interest shall pass to the Tribe, with
title to the interest to be held by the United States in trust for the
Tribe.
``(d) Inheritance by Testamentary Devise.--
``(1) Eligible devisees.--Notwithstanding any other
provision of this Act, and subject to paragraph (2), a small
fractional interest may be devised only to the following
eligible devisees:
``(A) The tribe.
``(B) Any person who--
``(i) is a member of the Tribe; or
``(ii) is eligible to be a member of the
Tribe, on the condition that, not later than
180 days after the date of receipt of notice of
the probate hearing, the person provides proof
of enrollment in the Tribe in accordance with
the enrollment procedures of the Tribe.
``(2) Requirements.--No devise of a small fractional
interest shall be valid as to a devisee unless--
``(A) the devisee is eligible to receive the
interest by devise under paragraph (1);
``(B) the devisee is expressly identified in the
devise by name; and
``(C) the devise is made in a will that has been
approved by the Secretary in accordance with section 2
of the Act of June 25, 1910 (36 Stat. 856, chapter
431).
``(3) Holding in trust.--Any small fractional interest
devised in accordance with this subsection shall pass to the
devisee or devisees on the death of the testator, with title to
be held by the United States in trust for the devisee or
devisees.
``(e) Notice.--Not later than 180 days after the date of enactment
of the Lake Traverse Reservation Act Amendments of 2006, the Secretary
shall provide notice of the requirements of this section to owners of
trust and restricted interests in land within the Lake Traverse Indian
Reservation by--
``(1) posting written notice of the amendment at the
administrative headquarters of the Tribe and at the Agency of
the Bureau of Indian Affairs located in Agency Village, South
Dakota;
``(2) publishing the notice not fewer than 4 times in
newspapers of general circulation in all counties in which any
part of the Lake Traverse Indian Reservation is located; and
``(3) sending the notice by first class mail to the last
known addresses of Indians with interests in trust or
restricted land within the Lake Traverse Indian Reservation.
``(f) Certification.--After providing notice under subsection (e),
the Secretary shall--
``(1) certify that notice has been given in accordance with
that subsection; and
``(2) publish notice of the certification in the Federal
Register.
``(g) Escheatments.--
``(1) Purposes.--The purposes of this subsection are--
``(A) to establish a process for providing
compensation for escheatments; and
``(B) to ratify the escheatments.
``(2) Ratification of escheatments.--
``(A) In general.--Subject to the requirements of
this subsection, each escheatment is ratified.
``(B) Holding in trust.--The title to each interest
subject to an escheatment shall be held by the United
States in trust for the Tribe.
``(3) Actions barred.--Notwithstanding any other provision
of law, except as provided in subsection (4)(C)(ii), no court
shall have jurisdiction over a claim challenging--
``(A) an escheatment of any property interest
pursuant to this section; or
``(B) the compensation provided for an escheatment.
``(4) Compensation.--
``(A) In general.--The Secretary shall provide
compensation in an amount described in subparagraph (B)
to any individual that, absent an escheatment, would
have inherited land or an interest in land.
``(B) Amount.--
``(i) In general.--In determining the
amount of compensation to be provided under
subparagraph (A), the Secretary shall take into
consideration--
``(I) any appraisal report prepared
incident to the probate of the estate
of the Indian decedent who last owned
the applicable interest immediately
prior to its escheat to the Tribe; or
``(II) if an appraisal report
described in subclause (I) is not
available, the appraised value of the
land or interest in land as of the date
of probate of the land or interest.
``(ii) Interest.--The amount of
compensation provided under this subsection
shall include interest calculated from the date
of probate of the applicable land or interest
in land in accordance with section 3116 of
title 40, United States Code.
``(C) Review of determinations.--
``(i) Administrative review.--A
determination by the Secretary of the amount of
compensation provided under this subsection
shall be subject to administrative review in
accordance with regulations of the Secretary
contained in part 2 of title 25, Code of
Federal Regulations (or successor regulations).
``(ii) Judicial review.--
``(I) In general.--No court shall
have jurisdiction to review a
determination by the Secretary of the
amount of compensation provided under
this subsection until the date on which
a final decision is made with respect
to the administrative review of the
determination.
``(II) Deadline.--
``(aa) In general.--An
action seeking judicial review
of a determination by the
Secretary under this subsection
shall be filed by not later
than 1 year after the date
described in subclause (I).
``(bb) Failure to meet
deadline.--If the deadline
described in item (aa) is not
met with respect to a
determination of the Secretary,
the determination shall not be
subject to judicial review.
``(D) Exclusive remedy.--Compensation provided
under this subsection with respect to an escheatment
shall be the exclusive remedy for the escheatment.
``(5) Regulations.--The Secretary may promulgate such
regulations as the Secretary determines to be necessary to
carry out this subsection.
``(6) Applicability.--
``(A) In general.--This section shall apply to
escheatments only if--
``(i) a provision contained in any
subsections (a) through (d) is determined to be
invalid for any reason by a court of competent
jurisdiction; and
``(ii) all appeals of such a determination
are exhausted.
``(B) Effect of subsection.--Nothing in this
subsection invalidates any provision contained in any
subsections (a) through (d).
``(h) Effect on Interests and Wills.--Nothing in this section shall
affect any interest in the estate of a person who dies, or the validity
or effect of any will executed, before the date that is 1 year after
the date on which the Secretary publishes notice of the certification
under subsection (f).''. | Lake Traverse Reservation Act Amendments of 2006 - Amends federal Indian law to provide for the inheritance of small fractional interests within the Lake Traverse Indian Reservation. | A bill to amend Public Law 98-513 to provide for the inheritance of small fractional interests within the Lake Traverse Indian Reservation. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Twenty-First Century Water
Commission Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Nation's water resources will be under increasing
stress and pressure in the coming decades;
(2) a thorough assessment of technological and economic
advances that can be employed to increase water supplies or
otherwise meet water needs in every region of the country is
important and long overdue; and
(3) a comprehensive strategy to increase water availability
and ensure safe, adequate, reliable, and sustainable water
supplies is vital to the economic and environmental future of
the Nation.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``Twenty-First
Century Water Commission'' (in this Act referred to as the
``Commission'').
SEC. 4. DUTIES.
The duties of the Commission shall be to--
(1) use existing water assessments and conduct such
additional assessments as may be necessary to project future
water supply and demand;
(2) study current water management programs of Federal,
Interstate, State, and local agencies, and private sector
entities directed at increasing water supplies and improving
the availability, reliability, and quality of freshwater
resources; and
(3) consult with representatives of such agencies and
entities to develop recommendations consistent with laws,
treaties, decrees, and interstate compacts for a comprehensive
water strategy which--
(A) respects the primary role of States in
adjudicating, administering, and regulating water
rights and water uses;
(B) identifies incentives intended to ensure an
adequate and dependable supply of water to meet the
needs of the United States for the next 50 years;
(C) suggests strategies that avoid increased
mandates on State and local governments;
(D) eliminates duplication and conflict among
Federal governmental programs;
(E) considers all available technologies and other
methods to optimize water supply reliability,
availability, and quality, while safeguarding the
environment;
(F) recommends means of capturing excess water and
flood water for conservation and use in the event of a
drought;
(G) suggests financing options for comprehensive
water management projects and for appropriate public
works projects;
(H) suggests strategies to conserve existing water
supplies, including recommendations for repairing aging
infrastructure; and
(I) includes other objectives related to the
effective management of the water supply to ensure
reliability, availability, and quality, which the
Commission shall consider appropriate.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 9
members who shall be appointed not later than 90 days after the date of
enactment of this Act. Member shall be appointed as follows:
(1) 5 members appointed by the President;
(2) 2 members appointed by the Speaker of the House of
Representatives, in consultation with the Minority Leader of
the House of Representatives; and
(3) 2 members appointed by the Majority Leader of the
Senate, in consultation with the Minority Leader of the Senate.
(b) Qualifications.--Members shall be appointed to the Commission
from among individuals who--
(1) are of recognized standing and distinction in water
policy issues; and
(2) while serving on the Commission, do not hold any other
position as an officer or employee of the United States, except
as a retired officer or retired civilian employee of the United
States.
(c) Other Considerations.--In appointing members of the Commission,
every effort shall be made to ensure that the members represent a broad
cross section of regional and geographical perspectives in the United
States.
(d) Chairperson.--The Chairperson of the Commission shall be
designated by the President.
(e) Terms.--Members of the Commission shall be appointed not later
than 90 days after the date of enactment of this Act and shall serve
for the life of the Commission.
(f) Vacancies.--A vacancy on the Commission shall not affect its
operation, and shall be filled in the same manner as the original
appointment provided under subsection (a).
(g) Compensation and Travel Expenses.--Members of the Commission
shall serve without compensation, except members shall receive travel
expenses, including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57, United States
Code.
SEC. 6. MEETINGS AND QUORUM.
(a) Meetings.--The Commission shall hold its first meeting not
later than 60 days after the date on which all members have been
appointed under section 5, and shall hold additional meetings at the
call of the Chairperson or a majority of its members.
(b) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
SEC. 7. DIRECTOR AND STAFF.
A Director shall be appointed by the Speaker of the House of
Representatives and the Majority Leader of the Senate, in consultation
with the Minority Leader and chairmen of the Resources and
Transportation and Infrustructure Committees of the House of
Representatives, and the Minority Leader and chairmen of the Energy and
Natural Resources and Environment and Public Works Committees of the
Senate. The Director and any staff reporting to the Director shall be
paid a rate of pay not to exceed the maximum rate of basic pay for GS-
15 of the General Schedule.
SEC. 8. POWERS AND PROCEEDINGS OF THE COMMISSION.
(a) Hearings.--The Commission shall hold no fewer than 10 hearings
during the life of the Commission. Hearings may be held in conjunction
with meetings of the Commission. The Commission may take such testimony
and receive such evidence as the Commission considers appropriate to
carry out this Act. At least 1 hearing shall be held in Washington,
D.C., for the purpose of taking testimony of representatives of Federal
agencies, national organizations, and Members of Congress. Other
hearings shall be scheduled in distinct geographical regions of the
United States and should seek to ensure testimony from individuals with
a diversity of experiences, including those who work on water issues at
all levels of government and in the private sector.
(b) Information and Support From Federal Agencies.--Upon request of
the Commission, any Federal agency shall--
(1) provide to the Commission, within 30 days of its
request, such information as the Commission considers necessary
to carry out the provisions of this Act; and
(2) detail to temporary duty with the Commission on a
reimbursable basis such personnel as the Commission considers
necessary to carry out the provisions of this Act, in
accordance with section 5(b)(5), Appendix, title 5, United
States Code.
SEC. 9. REPORTS.
(a) Interim Reports.--Not later than 6 months after the date of the
first meeting of the Commission, and every 6 months thereafter, the
Commission shall transmit an interim report containing a detailed
summary of its progress, including meetings and hearings conducted in
the interim period, to--
(1) the President;
(2) the Committee on Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources and the
Committee on the Environment and Public Works of the Senate.
(b) Final Report.--As soon as practicable, but not later than 3
years after the date of the first meeting of the Commission, the
Commission shall transmit a final report containing a detailed
statement of the findings and conclusions of the Commission, and
recommendations for legislation and other policies to implement such
findings and conclusions, to--
(1) the President;
(2) the Committee on Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources and the
Committee on the Environment and Public Works of the Senate.
SEC. 10. TERMINATION.
The Commission shall terminate not later than 30 days after the
date on which the Commission transmits a final report under section
7(b).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $9,000,000 to carry out
this Act.
Passed the House of Representatives November 21, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Twenty-First Century Water Commission Act of 2003 - Establishes the Twenty-First Century Water Commission to: (1) use existing water assessments and conduct additional assessments necessary to project future water supply and demand; (2) study Federal, interstate, State, and local agency and private entity water management programs directed at increasing water supplies and improving the availability, reliability, and quality of freshwater resources; and (3) consult with representatives of such agencies and entities to develop recommendations consistent with laws, treaties, decrees, and interstate compacts for a comprehensive water strategy that respects the primary role of States in regulating water rights and uses, identifies incentives for ensuring an adequate and dependable supply of water to meet U.S. needs for the next 50 years, considers all available technologies for increasing water supply reliability while safeguarding the environment, suggests financing options, and suggests strategies to conserve existing water supplies.
Provides for the appointment of Commission members by the President and congressional leaders.
Requires the Commission to hold no fewer than ten hearings and to transmit interim reports and a final report to the President and specified congressional committees. Requires the Commission to terminate no later than 30 days after it transmits its final report.
Authorizes appropriations. | To establish the "Twenty-First Century Water Commission" to study and develop recommendations for a comprehensive water strategy to address future water needs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puppies Assisting Wounded
Servicemembers (PAWS) Act of 2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) An estimated 14 percent of members of the Armed Forces
returning from active duty service in support of Operation
Iraqi Freedom or Operation Enduring Freedom suffer from post-
traumatic stress disorder.
(2) The resulting hyperstimulation of the fight-flight-
freeze response associated with post-traumatic stress disorder
poses a threat to the successful societal reintegration of such
members of the Armed Forces.
(3) Animals such as dogs can buffer this stress response
when humans fail to provide social support.
(4) Interaction with dogs has been shown to modulate
symptoms of post-traumatic stress disorder, such as anxiety,
including fear response and hyperarousal, interpersonal
difficulties, social isolation, physical pain, and sleep
disturbances.
SEC. 3. PILOT PROGRAM ON DEPARTMENT OF VETERANS AFFAIRS PROVISION OF
SERVICE DOGS TO CERTAIN VETERANS WITH SEVERE POST-
TRAUMATIC STRESS DISORDER.
(a) In General.--The Secretary of Veterans Affairs, acting through
the Office of Patient Centered Care and Cultural Transformation, shall
carry out a pilot program under which the Secretary shall provide to
eligible veterans with service dogs. The provision of a service dog
under the pilot program shall be done in addition to other types of
treatment provided for post-traumatic stress disorder and shall not
replace established treatment modalities. The Secretary of Veterans
Affairs shall furnish veterinary health insurance for each dog provided
under the pilot program.
(b) Eligibility.--
(1) Initial eligibility.--To be eligible for a service dog
under the pilot program a veteran shall--
(A) be diagnosed with post-traumatic stress
disorder rated at a severity level of three or four on
the Clinician-Administered PTSD Scale for DSM-5 (CAPS-
5);
(B) have been treated and have completed an
established evidence-based treatment and remain
significantly symptomatic, as evidenced by the Global
Assessment of Functioning or a similar clinical metric;
(C) have served on active duty in the Armed Forces
on or after September 11, 2001; and
(D) have not experienced satisfactory improvement
in post-traumatic stress disorder symptoms after being
treated with established evidence-based therapies.
(2) Ongoing eligibility.--To remain eligible to receive
canine health insurance furnished by the Department of Veterans
Affairs, a veteran shall see a physician who is a primary care
provider or mental health care provider at a Department of
Veterans Affairs medical facility at least quarterly.
(c) Contract Authority.--
(1) In general.--In carrying out the pilot program under
this section, the Secretary shall enter into such contracts as
may be necessary for the procurement and training of service
dogs with appropriate providers that are certified by
Assistance Dogs International or a similar organization that--
(A) on average, provides one-on-one training for
each service canine for a minimum of 30 hours over at
least 90 days including a wellness verification from a
licensed veterinarian;
(B) provides an in-house residential facility in
which service dog recipients stay for a minimum of ten
days while receiving at least 30 hours of training with
their new service canine;
(C) ensures all service canines pass the American
Kennel Club Canine Good Citizen test prior to permanent
placement with a recipient; and
(D) provides follow-up support service for the life
of the service canine.
(2) Limitation.--The Secretary may not obligate or expend
more than $27,000 for the procurement and training of any dog
under a contract entered into under this subsection.
(d) GAO Study.--Not later than 180 days after the termination of
the pilot program under this section, the Comptroller General of the
United States shall submit to Congress a report on the pilot program.
Such report shall include--
(1) an evaluation of the effectiveness of the pilot program
with respect to--
(A) helping veterans with severe post-traumatic
stress disorder live normally;
(B) relevant metrics, including reduction in
metrics such as reduction in scores under the post-
traumatic stress disorder checklist (PCL), improvement
in psychosocial function, and therapeutic compliance;
(C) lessening the symptoms of post-traumatic stress
disorder; and
(D) reducing the dependence of participants on
prescription narcotics and psychotropic medication; and
(2) the recommendations of the Comptroller General with
respect to the continuation or expansion of the program.
(e) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2017 through 2022 $10,000,000 to
carry out the pilot program under this section.
(f) Offset.--The amounts otherwise authorized to be appropriated
for Department of Veterans Affairs Office of Human Resources and
Administration for each of fiscal years 2017 through 2022 shall be
reduced by $10,000,000.
(g) Termination.--The authority to carry out a pilot program under
this section shall terminate on the date that is five years after the
date of the enactment of this Act. | Puppies Assisting Wounded Servicemembers (PAWS) Act of 2016 This bill directs the Department of Veterans Affairs (VA), through the Office of Patient Centered Care and Cultural Transformation, to carry out a five-year pilot program under which the VA shall provide service dogs and veterinary health insurance to certain veterans who: (1) served on active duty on or after September 11, 2001; and (2) were diagnosed with, and continue to suffer from, post-traumatic stress disorder. The provision of a service dog shall be done in addition to other types of treatment for post-traumatic stress disorder and shall not replace established treatment modalities. | Puppies Assisting Wounded Servicemembers (PAWS) Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EPA Science Advisory Board Reform
Act of 2015''.
SEC. 2. SCIENCE ADVISORY BOARD.
(a) Independent Advice.--Section 8(a) of the Environmental
Research, Development, and Demonstration Authorization Act of 1978 (42
U.S.C. 4365(a)) is amended by inserting ``independently'' after
``Advisory Board which shall''.
(b) Membership.--Section 8(b) of the Environmental Research,
Development, and Demonstration Authorization Act of 1978 (42 U.S.C.
4365(b)) is amended to read as follows:
``(b)(1) The Board shall be composed of at least nine members, one
of whom shall be designated Chairman, and shall meet at such times and
places as may be designated by the Chairman.
``(2) Each member of the Board shall be qualified by education,
training, and experience to evaluate scientific and technical
information on matters referred to the Board under this section. The
Administrator shall ensure that--
``(A) the scientific and technical points of view
represented on and the functions to be performed by the Board
are fairly balanced among the members of the Board;
``(B) at least ten percent of the membership of the Board
are from State, local, or tribal governments;
``(C) persons with substantial and relevant expertise are
not excluded from the Board due to affiliation with or
representation of entities that may have a potential interest
in the Board's advisory activities, so long as that interest is
fully disclosed to the Administrator and the public and
appointment to the Board complies with section 208 of title 18,
United States Code;
``(D) in the case of a Board advisory activity on a
particular matter involving a specific party, no Board member
having an interest in the specific party shall participate in
that activity;
``(E) Board members may not participate in advisory
activities that directly or indirectly involve review or
evaluation of their own work, unless fully disclosed to the
public and the work has been externally peer-reviewed;
``(F) Board members shall be designated as special
Government employees; and
``(G) no federally registered lobbyist is appointed to the
Board.
``(3) The Administrator shall--
``(A) solicit public nominations for the Board by
publishing a notification in the Federal Register;
``(B) solicit nominations from relevant Federal agencies,
including the Departments of Agriculture, Defense, Energy, the
Interior, and Health and Human Services;
``(C) make public the list of nominees, including the
identity of the entities that nominated each, and shall accept
public comment on the nominees;
``(D) require that, upon their provisional nomination,
nominees shall file a written report disclosing financial
relationships and interests, including Environmental Protection
Agency grants, contracts, cooperative agreements, or other
financial assistance, that are relevant to the Board's advisory
activities for the three-year period prior to the date of their
nomination, and relevant professional activities and public
statements for the five-year period prior to the date of their
nomination; and
``(E) make such reports public, with the exception of
specific dollar amounts, for each member of the Board upon such
member's selection.
``(4) Disclosure of relevant professional activities under
paragraph (3)(D) shall include all representational work, expert
testimony, and contract work as well as identifying the party for which
the work was done.
``(5) Except when specifically prohibited by law, the Agency shall
make all conflict of interest waivers granted to members of the Board,
member committees, or investigative panels publicly available.
``(6) Any recusal agreement made by a member of the Board, a member
committee, or an investigative panel, or any recusal known to the
Agency that occurs during the course of a meeting or other work of the
Board, member committee, or investigative panel shall promptly be made
public by the Administrator.
``(7) The terms of the members of the Board shall be three years
and shall be staggered so that the terms of no more than one-third of
the total membership of the Board shall expire within a single fiscal
year. No member shall serve more than two terms over a ten-year
period.''.
(c) Record.--Section 8(c) of such Act (42 U.S.C. 4365(c)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``or draft risk or hazard
assessment,'' after ``at the time any proposed'';
(B) by striking ``formal''; and
(C) by inserting ``or draft risk or hazard
assessment,'' after ``to the Board such proposed''; and
(2) in paragraph (2)--
(A) by inserting ``or draft risk or hazard
assessment,'' after ``the scientific and technical
basis of the proposed''; and
(B) by adding at the end the following: ``The
Board's advice and comments, including dissenting views
of Board members, and the response of the Administrator
shall be included in the record with respect to any
proposed risk or hazard assessment, criteria document,
standard, limitation, or regulation and published in
the Federal Register.''.
(d) Member Committees and Investigative Panels.--Section 8(e)(1)(A)
of such Act (42 U.S.C. 4365(e)(1)(A)) is amended by adding at the end
the following: ``These member committees and investigative panels--
``(i) shall be constituted and operate in
accordance with the provisions set forth in
paragraphs (2) and (3) of subsection (b), in
subsection (h), and in subsection (i);
``(ii) do not have authority to make
decisions on behalf of the Board; and
``(iii) may not report directly to the
Environmental Protection Agency.''.
(e) Public Participation.--Section 8 of such Act (42 U.S.C. 4365)
is amended by amending subsection (h) to read as follows:
``(h)(1) To facilitate public participation in the advisory
activities of the Board, the Administrator and the Board shall make
public all reports and relevant scientific information and shall
provide materials to the public at the same time as received by members
of the Board.
``(2) Prior to conducting major advisory activities, the Board
shall hold a public information-gathering session to discuss the state
of the science related to the advisory activity.
``(3) Prior to convening a member committee or investigative panel
under subsection (e) or requesting scientific advice from the Board,
the Administrator shall accept, consider, and address public comments
on questions to be asked of the Board. The Board, member committees,
and investigative panels shall accept, consider, and address public
comments on such questions and shall not accept a question that unduly
narrows the scope of an advisory activity.
``(4) The Administrator and the Board shall encourage public
comments, including oral comments and discussion during the
proceedings, that shall not be limited by an insufficient or arbitrary
time restriction. Public comments shall be provided to the Board when
received. The Board's reports shall include written responses to
significant comments offered by members of the public to the Board.
``(5) Following Board meetings, the public shall be given 15
calendar days to provide additional comments for consideration by the
Board.''.
(f) Operations.--Section 8 of such Act (42 U.S.C. 4365) is further
amended by amending subsection (i) to read as follows:
``(i)(1) In carrying out its advisory activities, the Board shall
strive to avoid making policy determinations or recommendations, and,
in the event the Board feels compelled to offer policy advice, shall
explicitly distinguish between scientific determinations and policy
advice.
``(2) The Board shall clearly communicate uncertainties associated
with the scientific advice provided to the Administrator or Congress.
``(3) The Board shall ensure that advice and comments reflect the
views of the members and shall encourage dissenting members to make
their views known to the public, the Administrator, and Congress.
``(4) The Board shall conduct periodic reviews to ensure that its
advisory activities are addressing the most important scientific issues
affecting the Environmental Protection Agency.
``(5) The Board shall be fully and timely responsive to
Congress.''.
SEC. 3. RELATION TO THE FEDERAL ADVISORY COMMITTEE ACT.
Nothing in this Act or the amendments made by this Act shall be
construed as supplanting the requirements of the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 4. RELATION TO THE ETHICS IN GOVERNMENT ACT OF 1978.
Nothing in this Act or the amendments made by this Act shall be
construed as supplanting the requirements of the Ethics in Government
Act of 1978 (5 U.S.C. App.). | EPA Science Advisory Board Reform Act of 2015 This bill amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise the process of selecting members of the Science Advisory Board, guidelines for participation in Board advisory activities, and terms of office. The Board provides scientific advice to the Environmental Protection Agency (EPA). This bill requires the Board to independently provide that advice. Federally registered lobbyists may not be appointed to the Board. The EPA must provide draft risk or hazard assessments in its regulatory proposals and documents to the Board. The Board's advice and comments must be included in the record regarding any such proposal and published in the Federal Register. The Board's member committees and investigative panels must operate in accordance with the membership, participation, and policy requirements contained in this Act, including new requirements for public participation in advisory activities of the Board. The member committees and investigative panels do not have the authority to make decisions on behalf of the Board and may not report directly to the EPA. The Board must: (1) strive to avoid making policy determinations or recommendations, (2) communicate uncertainties, (3) encourage dissenting members to make their views known, (4) conduct periodic reviews to ensure that its activities address the most important scientific issues affecting the EPA, and (5) respond to Congress fully and in a timely manner. This Act may not be construed as supplanting the requirements of the Federal Advisory Committee Act or the Ethics in Government Act of 1978. | EPA Science Advisory Board Reform Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Adjustment Act of 2003''.
SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES
OF HIGHER EDUCATION BENEFITS.
(a) In General.--Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208;
110 Stat 3009-672; 8 U.S.C. 1623) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall take
effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
SEC. 3. ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENT STUDENTS.
(a) In General.--Section 240A of the Immigration and Nationality
Act (8 U.S.C. 1229b) is amended--
(1) in paragraph (3) of subsection (b)--
(A) by striking ``paragraph (1) or (2)'' and
inserting ``paragraph (1), (2), or (3)'' each place it
appears;
(B) by redesignating such paragraph as paragraph
(5); and
(C) by moving such paragraph to follow paragraph
(4);
(2) by inserting after paragraph (2) of subsection (b) the
following new paragraph:
``(3) Special rule for children in middle or secondary
school.--
``(A) Authority.--Subject to subparagraph (B), the
Secretary of Homeland Security shall cancel removal of,
and adjust to the status of an alien lawfully admitted
for permanent residence, an alien who is inadmissible
or deportable from the United States if the alien
demonstrates that--
``(i) the alien has not, at the time of
application, attained the age of 21;
``(ii) the alien was physically present in
the United States on the date of the enactment
of the Student Adjustment Act of 2003 and has
been physically present in the United States
for a continuous period of not less than five
years immediately preceding the date of such
application;
``(iii) the alien has been a person of good
moral character during such period; and
``(iv) the alien, at the time of
application, is enrolled at or above the 7th
grade level in a school in the United States or
is enrolled in or actively pursuing admission
to an institution of higher education in the
United States as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
The Secretary of Homeland Security shall provide a
procedure by regulation allowing eligible individuals
to apply affirmatively for the relief available under
this paragraph without being placed in removal
proceedings. An alien shall not be considered to have
failed to maintained continuous physical presence in
the United States for purposes of clause (ii) by virtue
of brief, casual, and innocent absences from the United
States.
``(B) Restrictions on authority.--The provisions of
this paragraph shall not apply to any of the following
aliens:
``(i) An alien who is inadmissible under
section 212(a)(2)(A)(i)(I) or is deportable
under section 237(a)(2)(A)(i) (relating to
crimes of moral turpitude), unless the
Secretary of Homeland Security determines that
the alien's removal would result in extreme
hardship to the alien, the alien's child, or (in the case of an alien
who is a child) to the alien's parent.
``(ii) An alien who is inadmissible under
section 212(a)(3) or is deportable under
section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii)
(relating to security and related grounds).'';
and
(3) in subsection (d)(1)(A), by inserting ``or (b)(3)''
after ``subsection (b)(2)''.
(b) Exemption From Numerical Limitations.--Section 240A(e)(3) of
such Act (8 U.S.C. 1229b(e)(3)) is amended by adding at the end the
following new subparagraph:
``(C) Aliens described in subsection (b)(3).''.
(c) Grandfather Provisions.--For purpose of applying section
240A(b)(3) of the Immigration and Nationality Act (as inserted by
subsection (a)) with respect to an application filed under such section
not later than 120 days after the effective date of regulations
implementing this section--
(1) an individual shall be considered to be under the age
of 21 if the individual's 21st birthday occurs after the date
of the enactment of this Act but no more than 120 days after
the effective date of such regulations; and
(2) an individual shall be treated as meeting the
requirements of clauses (i), (ii), and (iv) of subparagraph (A)
of such section if--
(A) the individual would have met such requirements
based upon an application filed at any time during the
4-year period ending on the date of the enactment of
this Act; and
(B) the individual has graduated from, or is at the
time of application enrolled in, an accredited
institution of higher education in the United States
(described in clause (iv) of such subparagraph).
(d) Confidentiality of Information.--Neither the Secretary of
Homeland Security, nor any other official or employee of the Department
of Homeland Security or other Department, bureau, or agency of the
United States, may--
(1) use the information furnished by the applicant pursuant
to an application filed under the amendments made by this
section for any purpose other than to make a determination on
the application;
(2) make any publication whereby the information furnished
by any particular individual can be identified; or
(3) permit anyone other than the sworn officers and
employees of the Department of Homeland Security or bureau or
agency or, with respect to applications filed with a designated
entity, that designated entity, to examine individual
applications.
Whoever knowingly uses, publishes, or permits information to be
examined in violation of this subsection shall be fined not more than
$10,000.
(e) Eligibility of Cancellation Applicants for Federal Educational
Assistance.--Section 431(b) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended--
(1) by striking ``; or'' at the end of paragraph (6) and
inserting a comma;
(2) by striking the period at the end of paragraph (7) and
inserting ``, or''; and
(3) by adding at the end the following new paragraph:
``(8) an alien who has been granted relief under section
240A(b)(3) of the Immigration and Nationality Act, or with
respect to whom an application under such section has been
filed but not finally been adjudicated.''.
(f) Regulations.--
(1) Proposed regulations.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Homeland
Security shall publish proposed regulations implementing this
section.
(2) Interim, final regulations.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall publish final regulations implementing
this section. Such regulations shall be effective immediately
on an interim basis, but are subject to change and revision
after public notice and opportunity for a period for public
comment. | Student Adjustment Act of 2003 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the provision prohibiting an unlawful alien's eligibility for higher education benefits based on State residence unless a U.S. national is similarly eligible without regard to such State residence.Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to cancel the removal of, and adjust to permanent resident status, certain (inadmissible or deportable) alien middle or secondary students with qualifying years of U.S. residency. Makes such aliens eligible for Federal and State higher education assistance during the pendency of their application for cancellation of removal. | To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine state residency for higher education purposes and to amend the Immigration and Nationality Act to cancel the removal and adjust the status of certain alien college-bound students who are long-term U.S. residents. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Civilian Conservation
Corps Act''.
SEC. 2. ESTABLISHMENT AND OPERATION OF CIVILIAN CONSERVATION CORPS.
(a) Establishment and Purpose.--In order to relieve the acute
condition of widespread distress and unemployment existing in the
United States and to provide for the restoration of depleted natural
resources in the United States and the advancement of an orderly
program of useful public works, the President may establish and operate
a Civilian Conservation Corps to employ citizens of the United States,
who are otherwise unemployed or underemployed, in the construction,
maintenance, and carrying on of works of a public nature in connection
with--
(1) the forestation of lands belonging to the United States
or a State;
(2) the prevention of forest fires, floods, and soil
erosion;
(3) plant pest and disease control;
(4) the construction, maintenance, or repair of paths,
trails, and fire-lanes in units of the National Park System,
public lands, and other lands under the jurisdiction of the
Secretary of the Interior and units of the National Forest
System; and
(5) such other work on Federal or State land incidental to
or necessary in connection with any projects of the character
enumerated in paragraphs (1) through (4) that the President
determines to be desirable.
(b) Role of Federal Agencies.--To operate the Civilian Conservation
Corps, the President may utilize existing Federal departments and
agencies, including the Department of Labor, the Department of Defense,
the National Guard Bureau, the Department of Interior, the Department
of Agriculture, the Army Corps of Engineers, the Department of
Transportation, the Department of Energy, the Environmental Protection
Agency, and Federal governmental corporations.
(c) Inclusion of Other Lands.--The President may extend the
activities of the Civilian Conservation Corps to lands owned by a
political subdivision of a State and lands in private ownership, but
only for the purpose of conducting such kinds of cooperation work as
are otherwise authorized by law in preventing and controlling forest
fires and the attacks of forest tree pests and diseases and such work
as is necessary and in the public interest to control floods.
(d) Contract Authority.--For the purpose of carrying out this Act
the President may enter into such contracts or agreements with States
as may be necessary, including provisions for utilization of existing
State administrative agencies.
(e) Acquisition of Real Property.--The President, or the head of
any department or agency authorized by the President to construct any
project or to carry on any public works under this Act, may acquire
real property for such project or public work by purchase, donation,
condemnation, or otherwise.
SEC. 3. ADMINISTRATION OF CIVILIAN CONSERVATION CORPS.
(a) Housing and Care of Employees.--The President may provide
housing for persons employed in the Civilian Conservation Corps and
furnish them with such subsistence, clothing, medical attendance and
hospitalization, and cash allowance, as may be necessary, during the
period they are so employed.
(b) Transportation.--The President may provide for the
transportation of persons employed in the Civilian Conservation Corps
to and from the places of employment.
(c) Non-Discrimination.--In employing citizens for the Civilian
Conservation Corps, no discrimination shall occur in accordance with
Federal employment law; except that no individual under conviction for
crime and serving sentence therefore shall be employed under the
provisions of this Act.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act $16,000,000,000 for each fiscal
years 2010 through 2013.
(b) Use of Unobligated Funds Appropriated for Public Works.--
(1) Use of existing funds.--The President may use any
moneys previously appropriated for public works and unobligated
as of the date of the enactment of this Act to establish and
operate a Civilian Conservation Corps under this Act.
(2) Use to relieve unemployment.--Not less than 80 percent
of the funds utilized pursuant to paragraph (1) must be used to
provide for the employment of individuals under this Act.
(3) Exceptions.--Paragraph (1) does not apply to--
(A) unobligated moneys appropriated for public
works on which actual construction has been commenced
as of the date of the enactment of this Act or may be
commenced within 90 days after that date; and
(B) maintenance funds for river and harbor
improvements already allocated as of the date of the
enactment of this Act.
(c) Duration of Availability.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) or made available
under subsection (b) shall remain available until expended.
SEC. 5. TERMINATION.
The authority of the President to establish and operate a Civilian
Conservation Corps under this Act expires on September 30, 2013. | 21st Century Civilian Conservation Corps Act - Authorizes the President, in order to relieve widespread unemployment, restore depleted natural resources in the United States, and advance public works programs, to establish a Civilian Conservation Corps to employ unemployed or underemployed U.S. citizens in the construction, maintenance, and carrying on of works of a public nature, such as forestation of U.S. and state lands, prevention of forest fires, floods, and soil erosion, and construction and repair of National Park System paths and trails.
Authorizes the President to extend Corps activities to state- and private- owned lands to prevent and control forest fires and floods and attacks of forest tree pests and diseases.
Authorizes the President to provide housing and transportation for Corps employees. Prohibits discrimination in the hiring of Corps employees. | To authorize the President to reestablish the Civilian Conservation Corps as a means of providing gainful employment to unemployed and underemployed citizens of the United States through the performance of useful public work, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Visa Security Improvement
Act''.
SEC. 2. ENHANCED STUDENT VISA BACKGROUND CHECKS.
(a) In General.--Section 428(e) of the Homeland Security Act of
2002 (6 U.S.C. 236(e)) is amended by adding at the end the following:
``(9) Student visas.--In administering the program under
this subsection, the Secretary--
``(A) shall prescribe regulations to require
employees assigned under paragraph (1) to review all
applications for visas under subparagraph (F), (J), or
(M) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) prior to final
adjudication, with special emphasis on determining
whether applicants are inadmissible under section
212(a)(3)(B) of such Act (8 U.S.C. 1182(a)(3)(B))
(relating to terrorist activities);
``(B) shall develop a strategic plan to guide visa
security operations, especially with regard to student
visas, and develop and maintain performance data that
demonstrate the impact of this subsection; and
``(C) shall report on and develop, in consultation
with the Secretary of State, additional guidance to
clarify the roles and responsibilities of employees
assigned under paragraph (1).''.
SEC. 3. STUDENT AND EXCHANGE VISITOR PROGRAM.
(a) In General.--Section 442 of the Homeland Security Act of 2002
(6 U.S.C. 252) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (5) as paragraph
(10); and
(B) by inserting after paragraph (4) the following:
``(5) Student and exchange visitor program.--In
administering the program under paragraph (4), the Secretary
shall--
``(A) prescribe regulations to require an
institution or exchange visitor program sponsor
participating in the Student and Exchange Visitor
Program to ensure that each covered student or exchange
visitor enrolled at the institution or attending the
exchange visitor program--
``(i) is an active participant in the
program for which the covered student or
exchange visitor was issued a visa to enter the
United States;
``(ii) is not unobserved for any period--
``(I) exceeding 30 days during any
academic term or program in which the
covered student or exchange visitor is
enrolled; or
``(II) exceeding 60 days during any
period not described in subclause (I);
and
``(iii) is reported to the Department if
within 21 days of--
``(I) transferring to another
institution or program; or
``(II) being hospitalized or
otherwise incapacitated necessitating a
prolonged absence from the academic
institution or exchange visitor
program; and
``(B) notwithstanding subparagraph (A), require
each covered student or exchange visitor to be observed
at least once every 60 days.
``(6) Enhanced access.--The Secretary shall provide access
to the Student and Exchange Visitor Information System
(hereinafter in this subsection referred to as the `SEVIS'), or
other equivalent program or system, to appropriate employees of
an institution or exchange visitor program sponsor
participating in the Student and Exchange Visitor Program if--
``(A) at least two authorized users are identified
at each participating institution or exchange visitor
sponsor;
``(B) at least one additional authorized user is
identified at each such institution or sponsor for
every 200 covered students or exchange visitors
enrolled at the institution or sponsor; and
``(C) each authorized user is certified by the
Secretary as having completed an appropriate training
course provided by the Department for the program or
system.
``(7) Program support.--The Secretary shall provide
appropriate technical support options to facilitate use of the
program or system described in paragraph (4) by authorized
users.
``(8) Upgrades to sevis or equivalent data.--The Secretary
shall update the program or system described in paragraph (4)
to incorporate new data fields that include--
``(A) verification that a covered student's
performance meets the minimum academic standards of the
institution in which such student is enrolled; and
``(B) timely entry of academic majors, including
changes to majors, of covered students and exchange
visitors enrolled at institutions or exchange program
sponsors participating in the Student and Exchange
Visitor Program.
``(9) Savings clause.--Nothing in this section shall
prohibit the Secretary or any institution or exchange program
sponsor participating in the Student Exchange Visitor Program
from requiring more frequent observations of covered students
or exchange visitors.''; and
(2) by adding at the end the following:
``(d) Definitions.--For purposes of this section:
``(1) The term `covered student' means a student who is a
nonimmigrant pursuant to subparagraph (F), (J), or (M) of
section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)).
``(2) The term `observed' means positively identified by
physical or electronic means.
``(3) The term `authorized user' means an individual
nominated by an institution participating in the Student and
Exchange Visitor Program and confirmed by the Secretary as not
appearing on any terrorist watch list.''.
(b) Comptroller General Review.--The Comptroller General shall
conduct a review of the fees for the Student and Exchange Visitor
Program of the Department of Homeland Security. The Comptroller General
shall include in such review data from fiscal years 2004 through 2007
and shall consider fees collected by the Department and all expenses
associated with the review, issuance, maintenance, data collection, and
enforcement functions of the Student and Exchange Visitor Program.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out sections 2 and 3 of this Act, and the amendments
made by such sections, for fiscal year 2009. | Student Visa Security Improvement Act - Amends the the Homeland Security Act of 2002 to provide for enhanced student visa background checks and monitoring of foreign students and exchange visitors in the United States. | To require the Secretary of Homeland Security to strengthen student visa background checks and improve the monitoring of foreign students in the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Civilian Conservation
Corps Act''.
SEC. 2. ESTABLISHMENT AND OPERATION OF CIVILIAN CONSERVATION CORPS.
(a) Establishment and Purpose.--In order to relieve the acute
condition of widespread distress and unemployment existing in the
United States and to provide for the restoration of depleted natural
resources in the United States and the advancement of an orderly
program of useful public works, the President may establish and operate
a Civilian Conservation Corps to employ citizens of the United States,
who are otherwise unemployed or underemployed, in the construction,
maintenance, and carrying on of works of a public nature in connection
with--
(1) the forestation of lands belonging to the United States
or a State;
(2) the prevention of forest fires, floods, and soil
erosion;
(3) plant pest and disease control;
(4) the construction, maintenance, or repair of paths,
trails, and fire-lanes in units of the National Park System,
public lands, and other lands under the jurisdiction of the
Secretary of the Interior and units of the National Forest
System; and
(5) such other work on Federal or State land incidental to
or necessary in connection with any projects of the character
enumerated in paragraphs (1) through (4) that the President
determines to be desirable.
(b) Role of Federal Agencies.--To operate the Civilian Conservation
Corps, the President may utilize existing Federal departments and
agencies, including the Department of Labor, the Department of Defense,
the National Guard Bureau, the Department of Interior, the Department
of Agriculture, the Army Corps of Engineers, the Department of
Transportation, the Department of Energy, the Environmental Protection
Agency, and Federal governmental corporations.
(c) Inclusion of Other Lands.--The President may extend the
activities of the Civilian Conservation Corps to lands owned by a
political subdivision of a State and lands in private ownership, but
only for the purpose of conducting such kinds of cooperation work as
are otherwise authorized by law in preventing and controlling forest
fires and the attacks of forest tree pests and diseases and such work
as is necessary and in the public interest to control floods.
(d) Contract Authority.--For the purpose of carrying out this Act
the President may enter into such contracts or agreements with States
as may be necessary, including provisions for utilization of existing
State administrative agencies.
(e) Acquisition of Real Property.--The President, or the head of
any department or agency authorized by the President to construct any
project or to carry on any public works under this Act, may acquire
real property for such project or public work by purchase, donation,
condemnation, or otherwise.
SEC. 3. ADMINISTRATION OF CIVILIAN CONSERVATION CORPS.
(a) Employment Preference.--If the President determines that
amounts appropriated to carry out a Civilian Conservation Corps under
this Act for a fiscal year will be insufficient to employ all of the
citizens of the United States described in section 2(a) who are seeking
or likely to seek employment in the Civilian Conservation Corps and
continue the employment of current employees who desire to remain in
the Civilian Conservation Corps, the President shall employ additional
persons in the Civilian Conservation Corps in the following order of
preference:
(1) Unemployed veterans of the Armed Forces and unemployed
members of the reserve components of the Armed Forces.
(2) Unemployed citizens who have exhausted their
entitlement to unemployment compensation.
(3) Unemployed citizens, who immediately before employment
in the Civilian Conservation Corps, are eligible for
unemployment compensation payable under any State law or
Federal unemployment compensation law, including any additional
compensation or extended compensation under such laws.
(4) Other citizens described in section 2(a).
(b) Housing and Care of Employees.--The President may provide
housing for persons employed in the Civilian Conservation Corps and
furnish them with such subsistence, clothing, medical attendance and
hospitalization, and cash allowance, as may be necessary, during the
period they are so employed.
(c) Transportation.--The President may provide for the
transportation of persons employed in the Civilian Conservation Corps
to and from the places of employment.
(d) Non-Discrimination.--In employing citizens for the Civilian
Conservation Corps, no discrimination shall occur in accordance with
Federal employment law; except that no individual under conviction for
crime and serving sentence therefore shall be employed under the
provisions of this Act.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the President $16,000,000,000 for each of fiscal years
2011 through 2014 to establish and operate a Civilian Conservation
Corps under this Act.
(b) Use of Unobligated Funds Appropriated for Public Works.--
(1) Use of existing funds.--The President may use any
moneys previously appropriated for public works and unobligated
as of the date of the enactment of this Act to establish and
operate a Civilian Conservation Corps under this Act.
(2) Use to relieve unemployment.--Not less than 80 percent
of the funds utilized pursuant to paragraph (1) must be used to
provide for the employment of individuals under this Act.
(3) Exceptions.--Paragraph (1) does not apply to--
(A) unobligated moneys appropriated for public
works on which actual construction has been commenced
as of the date of the enactment of this Act or may be
commenced within 90 days after that date; and
(B) maintenance funds for river and harbor
improvements already allocated as of the date of the
enactment of this Act.
(c) Duration of Availability.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) or made available
under subsection (b) shall remain available until expended.
SEC. 5. TERMINATION.
The authority of the President to establish and operate a Civilian
Conservation Corps under this Act expires on September 30, 2014. | 21st Century Civilian Conservation Corps Act - Authorizes the President, in order to relieve widespread unemployment, restore depleted natural resources in the United States, and advance public works programs, to establish a Civilian Conservation Corps to employ unemployed or underemployed U.S. citizens in the construction, maintenance, and carrying on of works of a public nature, such as forestation of U.S. and state lands, prevention of forest fires, floods, and soil erosion, and construction and repair of National Park System paths and trails.
Authorizes the President to extend Corps activities to state- and private- owned lands to prevent and control forest fires and floods and attacks of forest tree pests and diseases.
Requires the President, based on certain criteria, to give preference to the employment of additional persons in the Corps in the following order: (1) unemployed Armed Forces veterans (including Reserve members); (2) unemployed U.S. citizens who have exhausted their unemployment compensation; (3) unemployed U.S. citizens who are eligible for unemployment compensation immediately before employment in the Corps, including any additional compensation or extended compensation; and (4) other unemployed or underemployed U.S. citizens.
Authorizes the President to provide housing and transportation for Corps employees. Prohibits discrimination in the hiring of Corps employees. | To authorize the President to reestablish the Civilian Conservation Corps as a means of providing gainful employment to unemployed and underemployed citizens of the United States through the performance of useful public work, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EEOICPA Amendment Act of 2010''.
SEC. 2. ESTABLISHMENT OF THE ADVISORY BOARD ON TOXIC SUBSTANCES AND
WORKER HEALTH.
(a) Advisory Board on Toxic Substances and Worker Health.--Subtitle
E of the Energy Employees Occupational Illness Compensation Program Act
of 2000 (42 U.S.C. 7385 et seq.) is amended by adding at the end the
following new section:
``SEC. 3687. ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER HEALTH.
``(a) Establishment.--
``(1) In general.--Not later than 120 days after the date
of the enactment of this section, the President shall establish
and appoint an Advisory Board on Toxic Substances and Worker
Health (in this section referred to as the `Board').
``(2) Consultation on appointments.--The President shall
make appointments to the Board in consultation with
organizations with expertise on worker health issues in order
to ensure that the membership of the Board reflects a balance
of perspectives from the scientific, medical, legal, worker,
and worker advocate communities.
``(3) Chair.--The President shall designate a Chair for the
Board from among its members.
``(b) Duties.--The Board shall--
``(1) advise the Secretary, the Secretary of Energy, and
the Secretary of Health and Human Services concerning the
review and approval of the site exposure matrix used to
determine eligibility for compensation under this subtitle for
illnesses resulting from exposure to toxic substances;
``(2) periodically review and approve guidance provided to
claims examiners on weighing medical evidence under this
subtitle;
``(3) review reports by consulting physicians to ensure
quality, objectivity, and consistency; and
``(4) coordinate exchanges of data and findings with the
Advisory Board on Radiation and Worker Health to the extent
necessary.
``(c) Staff.--
``(1) In general.--The Secretary shall appoint a staff to
facilitate the work of the Board. The staff shall be headed by
a Director who shall be appointed under subchapter VIII of
chapter 33 of title 5, United States Code.
``(2) Federal agency personnel.--The Secretary may accept
as staff of the Board personnel on detail from other Federal
agencies as necessary to enable the Board to carry out its
duties under this section. The detail of personnel under this
paragraph may be on a nonreimbursable basis.
``(3) Contractors.--The Secretary shall employ outside
contractors and specialists selected by the Board to support
the work of the Board.
``(d) Expenses.--Members of the Board, other than full-time
employees of the United States, while attending meetings of the Board
or while otherwise serving at the request of the President, while
serving away from their homes or regular places of business, shall be
allowed travel and meal expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under subchapter
I of chapter 57 of title 5, United States Code.
``(e) Security Clearances.--
``(1) Application.--The Secretary of Energy shall ensure
that the members and staff of the Board, and the contractors
performing work in support of the Board, are afforded the
opportunity to apply for a security clearance for any matter
for which such a clearance is appropriate.
``(2) Determination.--The Secretary of Energy should, not
later than 180 days after receiving a completed application for
a security clearance under this subsection, make a
determination whether or not the individual concerned is
eligible for the clearance.
``(3) Report.--For fiscal year 2012 and each fiscal year
thereafter, the Secretary of Energy shall include in the budget
justification materials submitted to Congress in support of the
Department of Energy budget for that fiscal year (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) a report specifying the number of
applications for security clearances under this subsection, the
number of such applications granted, and the number of such
applications denied.
``(f) Information.--The Secretary of Energy shall, in accordance
with law, provide to the Board and the contractors of the Board access
to any information that the Board considers relevant to carry out its
responsibilities under this section, including information such as
Restricted Data (as defined in section 11(y) of the Atomic Energy Act
of 1954 (42 U.S.C. 2014(y))) and information covered by the Privacy
Act.''.
(b) Ombudsman Report.--Section 3686 of such Act (42 U.S.C. 7385s-
15) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Response to Report.--
``(1) Timing.--Not later than 90 days after the publication
of the annual report under subsection (e), the Secretary shall
submit to Congress a written response to the report.
``(2) Contens of response.--
``(A) Agreement.--If the Secretary agrees with a
finding of the Ombudsman in the report, the Secretary
shall include in the response proposed actions to
address any issues raised by the finding.
``(B) Disagreement.--If the Secretary disagrees
with a finding of the Ombusman in the report, the
Secretary shall include in the response the reasons of
disagreement with the finding.
``(3) Publication.--The Secretary shall post the response
on the public Internet site of the Department of Labor.''. | EEOICPA Amendment Act of 2010 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to require the President to establish an Advisory Board on Toxic Substances and Worker Health.
Requires the Board to advise the Secretary of Labor, the Secretary of Energy (DOE), and the Secretary of Health and Human Services (HHS) on the review and approval of the site exposure matrix (SEM) used to determine the eligibility of DOE contractor employee claims for compensation for illnesses resulting from exposure to toxic substances.
(The SEM is a Department of Labor database on the presence of toxic substances at DOE and Radiation Exposure Compensation Act [RECA] facilities, as well as of information on scientifically established links between toxic substances and illnesses.) | To amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to establish the Advisory Board on Toxic Substances and Worker Health for the contractor employee compensation program under subtitle E of such Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle Class Tax Cut Act of 2011''.
TITLE I--PAYROLL TAX RELIEF
SEC. 101. TEMPORARY PAYROLL TAX CUT FOR EMPLOYERS, EMPLOYEES AND THE
SELF-EMPLOYED.
(a) Wages.--Notwithstanding any other provision of law--
(1) with respect to remuneration received during the
payroll tax holiday period, the rate of tax under 3101(a) of
the Internal Revenue Code of 1986 shall be 3.1 percent
(including for purposes of determining the applicable
percentage under sections 3201(a) and 3211(a) of such Code),
and
(2) with respect to remuneration paid during the payroll
tax holiday period, the rate of tax under 3111(a) of such Code
shall be 3.1 percent (including for purposes of determining the
applicable percentage under sections 3221(a) and 3211(a) of
such Code).
(3) Subsection (a)(2) shall only apply to--
(A) employees performing services in a trade or
business of a qualified employer, or
(B) in the case of a qualified employer exempt from
tax under section 501(a), in furtherance of the
activities related to the purpose or function
constituting the basis of the employer's exemption
under section 501.
(4) Subsection (a)(2) shall apply only to the first $5
million of remuneration or compensation paid by a qualified
employer subject to section 3111(a) or a corresponding amount
of compensation subject to 3221(a).
(b) Self-Employment Taxes.--
(1) In general.--Notwithstanding any other provision of
law, with respect to any taxable year which begins in the
payroll tax holiday period, the rate of tax under section
1401(a) of the Internal Revenue Code of 1986 shall be--
(A) 6.2 percent on the portion of net earnings from
self-employment subject to 1401(a) during the payroll
tax period that does not exceed the amount of the
excess of $5 million over total remuneration, if any,
subject to section 3111(a) paid during the payroll tax
holiday period to employees of the self-employed
person, and
(B) 9.3 percent for any portion of net earnings
from self-employment not subject to subsection
(b)(1)(A).
(2) Coordination with deductions for employment taxes.--For
purposes of the Internal Revenue Code of 1986, in the case of
any taxable year which begins in the payroll tax holiday
period--
(A) Deduction in computing net earnings from self-
employment.--The deduction allowed under section
1402(a)(12) of such Code shall be the sum of (i) 4.55
percent times the amount of the taxpayer's net earnings
from self-employment for the taxable year subject to
paragraph (b)(1)(A) of this section, plus (ii) 7.65
percent of the taxpayer's net earnings from self-
employment in excess of that amount.
(B) Individual deduction.--The deduction under
section 164(f) of such Code shall be equal to the sum
of (i) one-half of the taxes imposed by section 1401
(after the application of this section) with respect to
the taxpayer's net earnings from self-employment for
the taxable year subject to paragraph (b)(1)(A) of this
section plus (ii) 62.7 percent of the taxes imposed by
section 1401 (after the application of this section)
with respect to the excess.
(c) Regulatory Authority.--The Secretary may prescribe any such
regulations or other guidance necessary or appropriate to carry out
this section, including the allocation of the excess of $5 million over
total remuneration subject to section 3111(a) paid during the payroll
tax holiday period among related taxpayers treated as a single
qualified employer.
(d) Definitions.--
(1) Payroll tax holiday period.--The term ``payroll tax
holiday period'' means calendar year 2012.
(2) Qualified employer.--For purposes of this paragraph,
(A) In general.--The term ``qualified employer''
means any employer other than the United States, any
State or possession of the United States, or any
political subdivision thereof, or any instrumentality
of the foregoing.
(B) Treatment of employees of post-secondary
educational institutions.--Notwithstanding paragraph
(A), the term ``qualified employer'' includes any
employer which is a public institution of higher
education (as defined in section 101 of the Higher
Education Act of 1965).
(3) Aggregation rules.--For purposes of this subsection
rules similar to sections 414(b), 414(c), 414(m) and 414(o)
shall apply to determine when multiple entities shall be
treated as a single employer, and rules with respect to
predecessor and successor employers may be applied, in such
manner as may be prescribed by the Secretary.
(e) Transfers of Funds.--
(1) Transfers to federal old-age and survivors insurance
trust fund.--There are hereby appropriated to the Federal Old-
Age and Survivors Trust Fund and the Federal Disability
Insurance Trust Fund established under section 201 of the
Social Security Act (42 U.S.C. 401) amounts equal to the
reduction in revenues to the Treasury by reason of the
application of subsections (a) and (b) to employers other than
those described in (e)(2). Amounts appropriated by the
preceding sentence shall be transferred from the general fund
at such times and in such manner as to replicate to the extent
possible the transfers which would have occurred to such Trust
Fund had such amendments not been enacted.
(2) Transfers to social security equivalent benefit
account.--There are hereby appropriated to the Social Security
Equivalent Benefit Account established under section 15A(a) of
the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a))
amounts equal to the reduction in revenues to the Treasury by
reason of the application of subsection (a) to employers
subject to the Railroad Retirement Tax. Amounts appropriated by
the preceding sentence shall be transferred from the general
fund at such times and in such manner as to replicate to the
extent possible the transfers which would have occurred to such
Account had such amendments not been enacted.
(f) Coordination With Other Federal Laws.--For purposes of applying
any provision of Federal law other than the provisions of the Internal
Revenue Code of 1986, the rate of tax in effect under section 3101(a)
of such Code shall be determined without regard to the reduction in
such rate under this section.
SEC. 102. TEMPORARY TAX CREDIT FOR INCREASED PAYROLL.
(a) In General.--Notwithstanding any other provision of law, each
qualified employer shall be allowed, with respect to wages for services
performed for such qualified employer, a payroll increase credit
determined as follows:
(1) With respect to the period from October 1, 2011 through
December 31, 2011, 6.2 percent of the excess, if any, (but not
more than $12.5 million of the excess) of the wages subject to
tax under section 3111(a) of the Internal Revenue Code of 1986
for such period over such wages for the corresponding period of
2010.
(2) With respect to the period from January 1, 2012 through
December 31, 2012,
(A) 6.2 percent of the excess, if any, (but not
more than $50 million of the excess) of the wages
subject to tax under section 3111(a) of the Internal
Revenue Code of 1986 for such period over such wages
for calendar year 2011, minus
(B) 3.1 percent of the excess (if any) of--
(i) the lesser of $5,000,000 or such wages
for calendar year 2012, over
(ii) such wages for calendar year 2011.
(3) In the case of a qualified employer for which the wages
subject to tax under section 3111(a) of the Internal Revenue
Code of 1986 (a) were zero for the corresponding period of 2010
referred to in subsection (a)(1), the amount of such wages
shall be deemed to be 80 percent of the amount of wages taken
into account for the period from October 1, 2011 through
December 31, 2011 and (b) were zero for the calendar year 2011
referred to in subsection (a)(2), then the amount of such wages
shall be deemed to be 80 percent of the amount of wages taken
into account for 2012.
(4) This subsection (a) shall only apply with respect to
the wages of employees performing services in a trade or
business of a qualified employer or, in the case of a qualified
employer exempt from tax under section 501(a) of the Internal
Revenue Code of 1986, in furtherance of the activities related
to the purpose or function constituting the basis of the
employer's exemption under section 501.
(b) Qualified Employers.--For purposes of this section--
(1) In general.--The term ``qualified employer'' means any
employer other than the United States, any State or possession
of the United States, or any political subdivision thereof, or
any instrumentality of the foregoing.
(2) Treatment of employees of post-secondary educational
institutions.--Notwithstanding subparagraph (1), the term
``qualified employer'' includes any employer which is a public
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965).
(c) Aggregation Rules.--For purposes of this subsection rules
similar to sections 414(b), 414(c), 414(m) and 414(o) of the Internal
Revenue Code of 1986 shall apply to determine when multiple entities
shall be treated as a single employer, and rules with respect to
predecessor and successor employers may be applied, in such manner as
may be prescribed by the Secretary.
(d) Application of Credits.--The payroll increase credit shall be
treated as a credit allowable under Subtitle C of the Internal Revenue
Code of 1986 under rules prescribed by the Secretary of the Treasury,
provided that the amount so treated for the period described in
subsection (a)(1) or subsection (a)(2) shall not exceed the amount of
tax imposed on the qualified employer under section 3111(a) of such
Code for the relevant period. Any income tax deduction by a qualified
employer for amounts paid under section 3111(a) of such Code or similar
Railroad Retirement Tax provisions shall be reduced by the amounts so
credited.
(e) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Trust Fund and the Federal Disability Insurance Trust Fund
established under section 201 of the Social Security Act (42 U.S.C.
401) amounts equal to the reduction in revenues to the Treasury by
reason of the amendments made by subsection (d). Amounts appropriated
by the preceding sentence shall be transferred from the general fund at
such times and in such manner as to replicate to the extent possible
the transfers which would have occurred to such Trust Fund had such
amendments not been enacted.
(f) Application to Railroad Retirement Taxes.--For purposes of
qualified employers that are employers under section 3231(a) of the
Internal Revenue Code of 1986, subsections (a)(1) and (a)(2) of this
section shall apply by substituting section 3221 for section 3111, and
substituting the term ``compensation'' for ``wages'' as appropriate.
TITLE II--SURTAX ON MILLIONAIRES
SEC. 201. 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, there is hereby
imposed (in addition to any other tax imposed by this subtitle) a tax
equal to 3.25 percent of so much of the modified adjusted gross income
of the taxpayer for such taxable year as exceeds $1,000,000 ($500,000,
in the case of a married individual filing a separate return).
``(b) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning after 2013, each dollar amount under subsection (a)
shall 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 2011' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) 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.
``(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. | Middle Class Tax Cut Act of 2011 - Reduces employment tax rates in calendar year 2012 (payroll tax holiday period) for both employers and employees to 3.1%. Limits the reduction for employers to the first $5 million of wages paid by the employer in 2012.
Reduces the tax rate on the first $5 million of net earning of a self-employed taxpayer.
Allows nongovernmental employers a tax credit for payroll increases in the last quarter of 2011 and in 2012.
Appropriates funds to the social security trust funds to compensate for any revenue loss to such funds from the reduction in rates and the tax credit allowed by this Act.
Amends the Internal Revenue Code to impose on individual taxpayers in taxable years beginning after 2012 an additional tax equal to 3.25% of so much of their modified adjusted gross income as exceeds $1 million. Defines "modified adjusted gross income" as adjusted gross income reduced by any deduction allowed for investment interest. Provides for an inflation adjustment to the $1 million threshold amount for taxable years beginning after 2013. | 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 ``Retiree Health Benefits Protection
Act''.
TITLE I--RETIREE HEALTH BENEFITS PROTECTION
SEC. 101. RULES GOVERNING LITIGATION INVOLVING RETIREE HEALTH BENEFITS.
(a) In General.--Part 5 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is
amended by adding at the end the following new section:
``SEC. 516. RULES GOVERNING LITIGATION INVOLVING RETIREE HEALTH
BENEFITS.
``(a) Maintenance of Benefits.--
``(1) In general.--If--
``(A) retiree health benefits or plan or plan
sponsor payments in connection with such benefits are
to be or have been terminated or reduced under an
employee welfare benefit plan; and
``(B) an action is brought by any participant or
beneficiary to enjoin or otherwise modify such
termination or reduction,
the court without requirement of any additional showing shall
promptly order the plan and plan sponsor to maintain the
retiree health benefits and payments at the level in effect
immediately before the termination or reduction while the
action is pending in any court. No security or other
undertaking shall be required of any participant or beneficiary
as a condition for issuance of such relief. An order requiring
such maintenance of benefits may be refused or dissolved only
upon determination by the court, on the basis of clear and
convincing evidence, that the action is clearly without merit.
``(2) Exceptions.--Paragraph (1) shall not apply to any
action if--
``(A) the termination or reduction of retiree
health benefits is substantially similar to a
termination or reduction in health benefits (if any)
provided to current employees which occurs either
before, or at or about the same time as, the
termination or reduction of retiree health benefits, or
``(B) the changes in benefits are in connection
with the addition, expansion, or clarification of the
delivery system, including utilization review
requirements and restrictions, requirements that goods
or services be obtained through managed care entities
or specified providers or categories of providers, or
other special major case management restrictions.
``(3) Modifications.--Nothing in this section shall
preclude a court from modifying the obligation of a plan or
plan sponsor to the extent retiree benefits are otherwise being
paid by the plan sponsor.
``(b) Burden of Proof.--In addition to the relief authorized in
subsection (a) or otherwise available, if, in any action to which
subsection (a)(1) applies, the terms of the employee welfare benefit
plan summary plan description or, in the absence of such description,
other materials distributed to employees at the time of a participant's
retirement or disability, are silent or are ambiguous, either on their
face or after consideration of extrinsic evidence, as to whether
retiree health benefits and payments may be terminated or reduced for a
participant and his or her beneficiaries after the participant's
retirement or disability, then the benefits and payments shall not be
terminated or reduced for the participant and his or her beneficiaries
unless the plan or plan sponsor establishes by a preponderance of the
evidence that the summary plan description or other materials about
retiree benefits--
``(1) were distributed to the participant at least 90 days
in advance of retirement or disability;
``(2) did not promise retiree health benefits for the
lifetime of the participant and his or her spouse; and
``(3) clearly and specifically disclosed that the plan
allowed such termination or reduction as to the participant
after the time of his or her retirement or disability.
The disclosure described in paragraph (3) must have been made
prominently and in language which can be understood by the average plan
participant.
``(c) Representation.--Notwithstanding any other provision of law,
an employee representative of any retired employee or the employee'
spouse or dependents may--
``(1) bring an action described in this section on behalf
of such employee, spouse, or dependents; or
``(2) appear in such an action on behalf of such employee,
spouse or dependents.
``(d) Retiree Health Benefits.--For the purposes of this section,
the term `retiree health benefits' means health benefits (including
coverage) which are provided to--
``(1) retired or disabled employees who, immediately before
the termination or reduction, have a reasonable expectation to
receive such benefits upon retirement or becoming disabled; and
``(2) their spouses or dependents.''
(b) Conforming Amendment.--The table of contents in section 1 of
such Act is amended by inserting after the item relating to section 515
the following new item:
``Sec. 516. Rules governing litigation involving retiree health
benefits.''
(c) Effective Date.--The amendments made by this section shall
apply to actions relating to terminations or reductions of retiree
health benefits which are pending or brought, on or after January 1,
1998.
TITLE II--RETIREE CONTINUATION COVERAGE
SEC. 201. EXTENSION OF COBRA CONTINUATION COVERAGE.
(a) Public Health Service Act.--
(1) Type of coverage.--
(A) In general.--Section 2202(1) of the Public
Health Service Act (42 U.S.C. 300bb-2(1)) is amended--
(i) by striking ``The coverage'' and
inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), the coverage''; and
(ii) by adding at the end the following:
``(B) Certain retirees.--In the case of an event
described in section 2203(6), the qualified beneficiary
may elect to continue coverage as provided for in
subparagraph (A) or may elect coverage--
``(i) under any other plan offered by the
State, political subdivision, agency, or
instrumentality involved; or
``(ii) notwithstanding paragraphs (4) and
(5) of section 2741(b), through any health
insurance issuer offering health insurance
coverage (as defined in section 2791(b)(1)) in
the individual market in the State.''.
(B) Technical amendment.--Section 2202(2)(D)(i) of
the Public Health Service Act (42 U.S.C. 300bb-
2(2)(D)(i)) is amended by striking ``covered under any
other'' and inserting ``except with respect to coverage
obtained under paragraph (1)(B), covered under any
other''.
(2) Period of coverage.--Section 2202(2)(A) of the Public
Health Service Act (42 U.S.C. 300bb-2(2)(A)) is amended by
adding at the end thereof the following new clause:
``(v) Qualifying event involving
substantial reduction or elimination of a
retiree group health plan.--In the case of an
event described in section 2203(6), the date on
which such covered qualified beneficiary
becomes entitled to benefits under title XVIII
of the Social Security Act.''.
(3) Qualifying event.--Section 2203 of the Public Health
Service Act (42 U.S.C. 300bb-3) is amended by adding at the end
thereof the following new paragraph:
``(6) The substantial reduction or elimination of group
health coverage as a result of plan changes or termination with
respect to a qualified beneficiary described in section
2208(3)(A).''.
(4) Notice.--Section 2206 of the Public Health Service Act
(42 U.S.C. 300bb-6) is amended--
(A) in paragraph (2), by striking ``or (4)'' and
inserting ``(4), or (6)''; and
(B) in paragraph (4)(A), by striking ``or (4)'' and
inserting ``(4), or (6)''.
(5) Definition.--Section 2208(3) of the Public Health
Service Act (42 U.S.C. 300bb-8(3)) is amended by adding at the
end thereof the following new subparagraph:
``(C) Special rule for retirees.--In the case of a
qualifying event described in section 2203(6), the term
`qualified beneficiary' includes a covered employee who
had retired on or before the date of substantial
reduction or elimination of coverage and any other
individual who, on the day before such qualifying
event, is a beneficiary under the plan--
``(i) as the spouse of the covered
employee;
``(ii) as the dependent child of the
covered employee; or
``(iii) as the surviving spouse of the
covered employee.''.
(b) Employee Retirement Income Security Act of 1974.--
(1) Type of coverage.--
(A) In general.--Section 602(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1162(1)) is amended--
(i) by striking ``The coverage'' and
inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), the coverage''; and
(ii) by adding at the end the following:
``(B) Certain retirees.--In the case of an event
described in section 603(7), the qualified beneficiary
may elect to continue coverage as provided for in
subparagraph (A) or may elect coverage--
``(i) under any other plan maintained by
the plan sponsor involved; or
``(ii) notwithstanding paragraphs (4) and
(5) of section 2741(b) of the Public Health
Service Act, through any health insurance
issuer offering health insurance coverage (as
defined in section 2791(b)(1) of such Act) in
the individual market in the State.''.
(B) Technical amendment.--Section 602(2)(D)(i) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1162(2)(D)(i)) is amended by striking ``covered
under any other'' and inserting ``except with respect
to coverage obtained under paragraph (1)(B), covered
under any other''.
(2) Period of coverage.--Section 602(2)(A) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A))
is amended by adding at the end thereof the following new
clause:
``(vi) Qualifying event involving
substantial reduction or elimination of a group
health plan covering retirees, spouses and
dependents.--In the case of an event described
in section 603(7), the date on which such
covered qualified beneficiary becomes entitled
to benefits under title XVIII of the Social
Security Act.''.
(3) Qualifying event.--Section 603 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1163) is
amended by adding at the end thereof the following new
paragraph:
``(7) The substantial reduction or elimination of group
health plan coverage as a result of plan changes or termination
with respect to a qualified beneficiary described in section
607(3)(C).''.
(4) Notice.--Section 606(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1166) is amended--
(A) in paragraph (2), by striking ``or (6)'' and
inserting ``(6), or (7)''; and
(B) in paragraph (4)(A), by striking ``or (6)'' and
inserting ``(6), or (7)''.
(5) Definition.--Section 607(3)(C) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1167(2)) is
amended by striking ``603(6)'' and inserting ``603(6) or
603(7)''.
(c) Internal Revenue Code of 1986.--
(1) Type of coverage.--
(A) In general.--Section 4980B(f)(2)(A) of the
Internal Revenue Code of 1986 is amended--
(i) by striking ``The coverage'' and
inserting the following:
``(i) In general.--Except as provided in
clause (ii), the coverage''; and
(ii) by adding at the end the following:
``(ii) Certain retirees.--In the case of an
event described in paragraph (3)(G), the
qualified beneficiary may elect to continue
coverage as provided for in clause (i) or may
elect coverage--
``(I) under any other plan
maintained by the plan sponsor
involved; or
``(II) notwithstanding paragraphs
(4) and (5) of section 2741(b) of the
Public Health Service Act, through any
health insurance issuer offering health
insurance coverage (as defined in
section 2791(b)(1) of such Act) in the
individual market in the State.''.
(B) Technical amendment.--Section
4980B(f)(2)(B)(iv)(I) of the Internal Revenue Code of
1986 is amended by striking ``covered under any other''
and inserting ``except with respect to coverage
obtained under paragraph (1)(B), covered under any
other''.
(2) Period of coverage.--Section 4980B(f)(2)(B)(i) of the
Internal Revenue Code of 1986 is amended by adding at the end
thereof the following new subclause:
``(VI) Qualifying event involving
substantial reduction or elimination of
a retiree group health plan.--In the
case of an event described in paragraph
(3)(G), the date on which such covered
qualified beneficiary becomes entitled
to benefits under title XVIII of the
Social Security Act.''.
(3) Qualifying event.--Section 4980B(f)(3) of the Internal
Revenue Code of 1986 is amended by adding at the end thereof
the following new subparagraph:
``(G) The substantial reduction or elimination of
group health coverage as a result of plan changes or
termination with respect to a qualified beneficiary
described in subsection (g)(1)(D).''.
(4) Notice.--Section 4980B(f)(6) of the Internal Revenue
Code of 1986 is amended--
(A) in subparagraph (B), by striking ``or (F)'' and
inserting ``(F), or (G)''; and
(B) in subparagraph (D)(i), by striking ``or (F)''
and inserting ``(F), or (G)''.
(5) Definition.--Section 4980B(g)(1)(D) of the Internal
Revenue Code of 1986 is amended by striking ``(f)(3)(F)'' and
inserting ``(f)(3)(F) or (f)(3)(G)''.
SEC. 202. EFFECTIVE DATE.
This title shall take effect as if enacted on January 1, 1998. | TABLE OF CONTENTS:
Title I: Retiree Health Benefits Protection
Title II: Retiree Continuation Coverage
Retiree Health Benefits Protection Act -
Title I: Retiree Health Benefits Protection
- Amends the Employee Retirement Income Security Act of 1974 (ERISA) to add rules governing litigation involving the termination or reduction of retiree health benefits.
Title II: Retiree Continuation Coverage
- Amends ERISA, the Public Health Service Act, and the Internal Revenue Code to extend group health plan insurance continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 to retirees and their dependents, in cases of substantial reduction or elimination of a retiree group health plan. Allows early retirees and their dependents who lost such employer-sponsored health benefits to purchase continuing group health insurance coverage until they become eligible for Medicare. | Retiree Health Benefits Protection Act |
s Described.--
(1) In general.--For purposes of subsection (a)(1), a joint
resolution is described in this paragraph if it is a joint
resolution of the 2 Houses of Congress and the matter after the
resolving clause of such joint resolution is as follows: ``That
the Congress calls upon the President to undertake negotiations
to amend or modify the matter relating to ____________ that is
the subject of the affirmative report submitted to the Congress
by the WTO Dispute Settlement Review Commission on ____'', the
first blank space being filled with the specific provisions of
the Uruguay Round Agreement with respect to which the President
is to undertake negotiations and the second blank space being
filled with the date that the affirmative report, which was
made under section 4(a) and which has given rise to the joint
resolution, was submitted to the Congress by the Commission
pursuant to section 4(b).
(2) Withdrawal resolution.--For purposes of subsection
(a)(2), a joint resolution is described in this paragraph if it
is a joint resolution of the 2 Houses of Congress and the
matter after the resolving clause of such joint resolution is
as follows: ``That, in light of the 3 affirmative reports
submitted to the Congress by the WTO Dispute Settlement Review
Commission during the preceding 5-year period, and the failure
to remedy the problems identified in the reports through
negotiations, it is no longer in the overall national interest
of the United States to be a member of the WTO, and accordingly
the Congress withdraws its approval, provided under section
101(a) of the Uruguay Round Agreements Act, of the WTO
Agreement as defined in section 2(9) of that Act.''.
(c) Procedural Provisions.--
(1) In general.--The requirements of this subsection are
met if the joint resolution is enacted in accordance with this
subsection, and--
(A) in the case of a joint resolution described in
subsection (b)(1), the Congress adopts and transmits
the joint resolution to the President before the end of
the 90-day period (excluding any day described in
section 154(b) of the Trade Act of 1974) beginning on
the date on which the Congress receives an affirmative
report from the Commission pursuant to section 4(b)(2);
or
(B) in the case of a joint resolution described in
subsection (b)(2), the Commission has submitted 3
affirmative reports pursuant to section 4(b)(2) during
a 5-year period, and the Congress adopts and transmits
the joint resolution to the President before the end of
the 90-day period (excluding any day described in
section 154(b) of the Trade Act of 1974) beginning on
the date on which the Congress receives the third such
affirmative report.
(2) Presidential veto.--In any case in which the President
vetoes the joint resolution, the requirements of this
subsection are met if each House of Congress votes to override
that veto on or before the later of the last day of the 90-day
period referred to in subparagraph (A) or (B) of paragraph (1),
whichever is applicable, or the last day of the 15-day period
(excluding any day described in section 154(b) of the Trade Act
of 1974) beginning on the date on which the Congress receives
the veto message from the President.
(3) Introduction.--
(A) Time.--A joint resolution to which this section
applies may be introduced at any time on or after the
date on which the Commission transmits to the Congress
an affirmative report pursuant to section 4(b)(2),
and--
(i) in the case of a joint resolution
described in subsection (b)(1), before the end
of the 90-day period referred to in paragraph
(1)(A); and
(ii) in the case of a joint resolution
described in subsection (b)(2), before the end
of the 90-day period referred to in paragraph
(1)(B).
(B) Any member may introduce.--A joint resolution
described in subsection (b) may be introduced in either
House of the Congress by any Member of such House.
(4) Expedited procedures.--
(A) General rule.--Subject to the provisions of
this subsection, the provisions of subsections (b),
(d), (e), and (f) of section 152 of the Trade Act of
1974 (19 U.S.C. 2192(b), (d), (e), and (f)) apply to
joint resolutions described in subsection (b) to the
same extent as such provisions apply to resolutions
under such section.
(B) Report or discharge of committee.--If the
committee of either House to which a joint resolution
has been referred has not reported it by the close of the 45th day
after its introduction (excluding any day described in section 154(b)
of the Trade Act of 1974), such committee shall be automatically
discharged from further consideration of the joint resolution and it
shall be placed on the appropriate calendar.
(C) Finance and ways and means committees.--It is
not in order for--
(i) the Senate to consider any joint
resolution unless it has been reported by the
Committee on Finance or the committee has been
discharged under subparagraph (B); or
(ii) the House of Representatives to
consider any joint resolution unless it has
been reported by the Committee on Ways and
Means or the committee has been discharged
under subparagraph (B).
(D) Special rule for house.--A motion in the House
of Representatives to proceed to the consideration of a
joint resolution may only be made on the second
legislative day after the calendar day on which the
Member making the motion announces to the House his or
her intention to do so.
(5) Consideration of second resolution not in order.--It
shall not be in order in either the House of Representatives or
the Senate to consider a joint resolution (other than a joint
resolution received from the other House), if that House has
previously adopted a joint resolution under this section
relating to the same matter.
(d) Rules of House of Representatives and Senate.--This section is
enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is
deemed a part of the rules of each House, respectively, and
such procedures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and
to the same extent as any other rule of that House.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) Adverse finding.--The term ``adverse finding'' means--
(A) in a panel or Appellate Body proceeding
initiated against the United States, a finding by the
panel or the Appellate Body that any law or regulation
of, or application thereof by, the United States, or
any State, is inconsistent with the obligations of the
United States under a Uruguay Round Agreement (or
nullifies or impairs benefits accruing to a WTO member
under such an Agreement); or
(B) in a panel or Appellate Body proceeding in
which the United States is a complaining party, any
finding by the panel or the Appellate Body that a
measure of the party complained against is not
inconsistent with that party's obligations under a
Uruguay Round Agreement (or does not nullify or impair
benefits accruing to the United States under such an
Agreement).
(2) Affirmative report.--The term ``affirmative report''
means a report described in section 4(b)(2) which contains
affirmative determinations made by the Commission under
paragraph (3) of section 4(a).
(3) Appellate body.--The term ``Appellate Body'' means the
Appellate Body established by the Dispute Settlement Body
pursuant to Article 17.1 of the Dispute Settlement
Understanding.
(4) Dispute settlement body.--The term ``Dispute Settlement
Body'' means the Dispute Settlement Body established pursuant
to the Dispute Settlement Understanding.
(5) Dispute settlement panel; panel.--The terms ``dispute
settlement panel'' and ``panel'' mean a panel established
pursuant to Article 6 of the Dispute Settlement Understanding.
(6) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the Understanding on Rules and
Procedures Governing the Settlement of Disputes referred to in
section 101(d)(16) of the Uruguay Round Agreements Act.
(7) Terms of reference.--The term ``terms of reference''
has the meaning given such term in the Dispute Settlement
Understanding.
(8) Trade representative.--The term ``Trade
Representative'' means the United States Trade Representative.
(9) Uruguay round agreement.--The term ``Uruguay Round
Agreement'' means any of the Agreements described in section
101(d) of the Uruguay Round Agreements Act.
(10) World trade organization; wto.--The terms ``World
Trade Organization'' and ``WTO'' mean the organization
established pursuant to the WTO Agreement.
(11) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994. | Requires the Commission to determine whether, with respect to an adverse finding, the panel or the Appellate Body exceeded its authority, acted arbitrarily or capriciously, deviated from applicable standards, and added to the obligations, or diminished the rights, of the United States under the Uruguay Round Agreement.
Urges the President to undertake negotiations to amend or modify the Uruguay Round Agreement upon enactment of a joint resolution requesting such negotiations. | WTO Dispute Settlement Review Commission Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Storage Technology of Renewable and
Green Energy Act of 2009'' or the ``STORAGE Act of 2009''.
SEC. 2. ENERGY INVESTMENT CREDIT FOR ENERGY STORAGE PROPERTY CONNECTED
TO THE GRID.
(a) 20 Percent Credit Allowed.--Subparagraph (A) of section
48(a)(2) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of subclause (IV) of
clause (i),
(2) by striking ``clause (i)'' in clause (ii) and inserting
``clause (i) or (ii)'',
(3) by redesignating clause (ii) as clause (iii), and
(4) by inserting after clause (i) the following new clause:
``(ii) 20 percent in the case of qualified
energy storage property, and''.
(b) Qualified Energy Storage Property.--Subsection (c) of section
48 of the Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(5) Qualified energy storage property.--
``(A) In general.--The term `qualified energy
storage property' means property--
``(i) which is directly connected to the
electrical grid, and
``(ii) which is designed to receive
electrical energy, to store such energy, and to
convert such energy to electricity and deliver
such electricity for sale.
Such term may include hydroelectric pumped storage and
compressed air energy storage, regenerative fuel cells,
batteries, superconducting magnetic energy storage,
flywheels, thermal, and hydrogen storage, or
combination thereof.
``(B) Minimum capacity.--The term `qualified energy
storage property' shall not include any property unless
such property in aggregate--
``(i) has the ability to store at least 2
megawatt hours of energy, and
``(ii) has the ability to have an output of
500 kilowatts of electricity for a period of 4
hours.
``(C) Electrical grid.--The term `electrical grid'
means the system of generators, transmission lines, and
distribution facilities which--
``(i) are under the jurisdiction of the
Federal Energy Regulatory Commission or State
public utility commissions, or
``(ii) are owned by--
``(I) a State or any political
subdivision of a State,
``(II) an electric cooperative that
receives financing under the Rural
Electrification Act of 1936 (7 U.S.C.
901 et seq.) or that sells less than
4,000,000 megawatt hours of electricity
per year, or
``(III) any agency, authority, or
instrumentality of any one or more of
the entities described in subclause (I)
or (II), or any corporation which is
wholly owned, directly or indirectly,
by any one or more of such entities.''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 3. ENERGY STORAGE PROPERTY CONNECTED TO THE GRID ELIGIBLE FOR NEW
CLEAN RENEWABLE ENERGY BONDS.
(a) In General.--Paragraph (1) of section 54C(d) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) Qualified renewable energy facility.--The term
`qualified renewable energy facility' means a facility which
is--
``(A)(i) a qualified facility (as determined under
section 45(d) without regard to paragraphs (8) and (10)
thereof and to any placed in service date), or
``(ii) a qualified energy storage property (as
defined in section 48(c)(5)), and
``(B) owned by a public power provider, a
governmental body, or a cooperative electric
company.''.
(b) Effective Date.--The amendment made by this section shall apply
to obligations issued after the date of the enactment of this Act.
SEC. 4. ENERGY INVESTMENT CREDIT FOR ONSITE ENERGY STORAGE.
(a) Credit Allowed.--Clause (i) of section 48(a)(2)(A) of the
Internal Revenue Code of 1986, as amended by this Act, is amended--
(1) by striking ``and'' at the end of subclause (III),
(2) by inserting ``and'' at the end of subclause (IV), and
(3) by adding at the end the following new subclause:
``(V) qualified onsite energy
storage property,''.
(b) Qualified Onsite Energy Storage Property.--Subsection (c) of
section 48 of the Internal Revenue Code of 1986, as amended by this
Act, is amended by adding at the end the following new paragraph:
``(6) Qualified onsite energy storage property.--
``(A) In general.--The term `qualified onsite
energy storage property' means property which--
``(i) provides supplemental energy to
reduce peak energy requirements primarily on
the same site where the storage is located, or
``(ii) is designed and used primarily to
receive and store intermittent renewable energy
generated onsite and to deliver such energy
primarily for onsite consumption.
Such term may include property used to charge plug-in
and hybrid electric vehicles if such vehicles are
equipped with smart grid services which control time-
of-day charging and discharging of such vehicles. Such
term shall not include any property for which any other
credit is allowed under this chapter.
``(B) Minimum capacity.--The term `qualified onsite
energy storage property' shall not include any property
unless such property in aggregate--
``(i) has the ability to store the energy
equivalent of at least 20 kilowatt hours of
energy, and
``(ii) has the ability to have an output of
the energy equivalent of 5 kilowatts of
electricity for a period of 4 hours.''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 5. CREDIT FOR RESIDENTIAL ENERGY STORAGE EQUIPMENT.
(a) Credit Allowed.--Subsection (a) of section 25C of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of paragraph (1),
(2) by redesignating paragraph (2) as paragraph (3), and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) 30 percent of the amount paid or incurred by the
taxpayer for qualified residential energy storage equipment
installed during such taxable year, and''.
(b) Qualified Residential Energy Storage Equipment.--
(1) In general.--Section 25C of the Internal Revenue Code
of 1986 is amended--
(A) by redesignating subsections (e), (f), and (g)
as subsections (f), (g), and (h), respectively, and
(B) by inserting after subsection (d) the following
new subsection:
``(d) Qualified Residential Energy Storage Equipment.--For purposes
of this section, the term `qualified residential energy storage
equipment' means property--
``(1) which is installed in or on a dwelling unit located
in the United States and owned and used by the taxpayer as the
taxpayer's principal residence (within the meaning of section
121), or on property owned by the taxpayer on which such a
dwelling unit is located, and
``(2) which--
``(A) provides supplemental energy to reduce peak
energy requirements primarily on the same site where
the storage is located, or
``(B) is designed and used primarily to receive and
store intermittent renewable energy generated onsite
and to deliver such energy primarily for onsite
consumption.
Such term may include property used to charge plug-in and hybrid
electric vehicles if such vehicles are equipped with smart grid
services which control time-of-day charging and discharging of such
vehicles. Such term shall not include any property for which any other
credit is allowed under this chapter.''.
(2) Conforming amendment.--Section 1016(a)(33) of such Code
is amended by striking ``section 25C(f)'' and inserting
``section 25C(g)''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Storage Technology of Renewable and Green Energy Act of 2009 or the STORAGE Act of 2009 - Amends the Internal Revenue Code to: (1) allow a 20% energy tax credit for investment in energy storage property directly connected to the electrical grid (i.e., state systems of generators, transmission lines, and distribution facilities) and designed to receive, store, and convert energy to electricity and deliver such electricity for sale; (2) make such property eligible for new clean renewable energy bond financing; (3) allow a 30% energy tax credit for investment in energy storage property used at the site of energy storage; and (4) allow a 30% nonbusiness energy property tax credit for the installation of energy storage equipment in a principal residence. | A bill to amend the Internal Revenue Code of 1986 to provide for an energy investment credit for energy storage property connected to the grid, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Information Privacy Act of
1999''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``covered person'' means a person that is
subject to the jurisdiction of any of the Federal financial
regulatory authorities; and
(2) the term ``Federal financial regulatory authorities''
means--
(A) each of the Federal banking agencies, as that
term is defined in section 3(z) of the Federal Deposit
Insurance Act; and
(B) the Securities and Exchange Commission.
SEC. 3. PRIVACY OF CONFIDENTIAL CUSTOMER INFORMATION.
(a) Rulemaking.--The Federal financial regulatory authorities shall
jointly issue final rules to protect the privacy of confidential
customer information relating to the customers of covered persons, not
later than 270 days after the date of enactment of this Act (and shall
issue a notice of proposed rulemaking not later than 150 days after the
date of enactment of this Act), which rules shall--
(1) define the term ``confidential customer information''
to be personally identifiable data that includes transactions,
balances, maturity dates, payouts, and payout dates, of--
(A) deposit and trust accounts;
(B) certificates of deposit;
(C) securities holdings; and
(D) insurance policies;
(2) require that a covered person may not disclose or share
any confidential customer information to or with any affiliate
or agent of that covered person if the customer to whom the
information relates has provided written notice, as described
in paragraphs (4) and (5), to the covered person prohibiting
such disclosure or sharing--
(A) with respect to an individual that became a
customer on or after the effective date of such rules,
at the time at which the business relationship between
the customer and the covered person is initiated and at
least annually thereafter; and
(B) with respect to an individual that was a
customer before the effective date of such rules, at
such time thereafter that provides a reasonable and
informed opportunity to the customer to prohibit such
disclosure or sharing and at least annually thereafter;
(3) require that a covered person may not disclose or share
any confidential customer information to or with any person
that is not an affiliate or agent of that covered person unless
the covered person has first--
(A) given written notice to the customer to whom
the information relates, as described in paragraphs (4)
and (5); and
(B) obtained the informed written or electronic
consent of that customer for such disclosures or
sharing;
(4) require that the covered person provide notices and
consent acknowledgments to customers, as required by this
section, in separate and easily identifiable and
distinguishable form;
(5) require that the covered person provide notice as
required by this section to the customer to whom the
information relates that describes what specific types of
information would be disclosed or shared, and under what
general circumstances, to what specific types of businesses or
persons, and for what specific types of purposes such
information could be disclosed or shared;
(6) require that the customer to whom the information
relates be provided with access to the confidential customer
information that could be disclosed or shared so that the
information may be reviewed for accuracy and corrected or
supplemented;
(7) require that, before a covered person may use any
confidential customer information provided by a third party
that engages, directly or indirectly, in activities that are
financial in nature, as determined by the Federal financial
regulatory authorities, the covered person shall take
reasonable steps to assure that procedures that are
substantially similar to those described in paragraphs (2)
through (6) have been followed by the provider of the
information (or an affiliate or agent of that provider); and
(8) establish a means of examination for compliance and
enforcement of such rules and resolving consumer complaints.
(b) Limitation.--The rules prescribed pursuant to subsection (a)
may not prohibit the release of confidential customer information--
(1) that is essential to processing a specific financial
transaction that the customer to whom the information relates
has authorized;
(2) to a governmental, regulatory, or self-regulatory
authority having jurisdiction over the covered financial entity
for examination, compliance, or other authorized purposes;
(3) to a court of competent jurisdiction;
(4) to a consumer reporting agency, as defined in section
603 of the Fair Credit Reporting Act for inclusion in a
consumer report that may be released to a third party only for
a purpose permissible under section 604 of that Act; or
(5) that is not personally identifiable.
(c) Construction.--Nothing in this section or the rules prescribed
under this section shall be construed to amend or alter any provision
of the Fair Credit Reporting Act. | Financial Information Privacy Act of 1999 - Directs the Federal financial regulatory authorities (banking regulatory agencies and the Securities and Exchange Commission (SEC)) to jointly issue final rules to protect the privacy of confidential information relating to customers of institutions under their respective jurisdictions (covered institution).
Mandates that such rules: (1) prohibit a covered institution from disclosing or sharing confidential customer information with any affiliate or agent if the customer has provided a written notice which forbids such disclosure; (2) prohibit a covered institution from disclosing or sharing confidential customer information with a non-affiliate or non-agent unless the customer has provided written or electronic consent; (3) require the covered institution to disclose to the customer the specific type of information disclosed or shared, under what circumstances, to what specific types of businesses, and for what types of purposes; (4) require customer access to information that could be disclosed so that it may be reviewed for accuracy and supplementation; and (5) establish a compliance and enforcement mechanism that includes consumer complaint resolution.
Cites circumstances under which such information may be released. | Financial Information Privacy Act of 1999 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The First Special Service Force (the ``Force''), a military
unit composed of volunteers from the United States and Canada, was
activated in July 1942 at Fort Harrison near Helena, Montana.
(2) The Force was initially intended to target military and
industrial installations that were supporting the German war
effort, including important hydroelectric plants, which would
severely limit the production of strategic materials used by the
Axis powers.
(3) From July 1942 through June 1943, volunteers of the Force
trained in hazardous, arctic conditions in the mountains of western
Montana, and in the waterways of Camp Bradford, Virginia.
(4) The combat echelon of the Force totaled 1,800 soldiers,
half from the United States and half from Canada.
(5) The Force also contained a service battalion, composed of
800 members from the United States, that provided important support
for the combat troops.
(6) A special bond developed between the Canadian and United
States soldiers, who were not segregated by country, although the
commander of the Force was a United States colonel.
(7) The Force was the only unit formed during World War II that
consisted of troops from Canada and the United States.
(8) In October 1943, the Force went to Italy, where it fought
in battles south of Cassino, including Monte La Difensa and Monte
Majo, two mountain peaks that were a critical anchor of the German
defense line.
(9) During the night of December 3, 1943, the Force ascended to
the top of the precipitous face of Monte La Difensa, where the
Force suffered heavy casualties and overcame fierce resistance to
overtake the German line.
(10) After the battle for La Difensa, the Force continued to
fight tough battles at high altitudes, in rugged terrain, and in
severe weather.
(11) After battles on the strongly defended Italian peaks of
Sammucro, Vischiataro, and Remetanea, the size of the Force had
been reduced from 1,800 soldiers to fewer than 500.
(12) For 4 months in 1944, the Force engaged in raids and
aggressive patrols at the Anzio Beachhead.
(13) On June 4, 1944, members of the Force were among the first
Allied troops to liberate Rome.
(14) After liberating Rome, the Force moved to southern Italy
and prepared to assist in the liberation of France.
(15) During the early morning of August 15, 1944, members of
the Force made silent landings on Les Iles D'Hyeres, small islands
in the Mediterranean Sea along the southern coast of France.
(16) The Force faced a sustained and withering assault from the
German garrisons as the Force progressed from the islands to the
Franco-Italian border.
(17) After the Allied forces secured the Franco-Italian border,
the United States Army ordered the disbandment of the Force on
December 5, 1944, in Nice, France.
(18) During 251 days of combat, the Force suffered 2,314
casualties, or 134 percent of its authorized strength, captured
thousands of prisoners, won 5 United States campaign stars and 8
Canadian battle honors, and never failed a mission.
(19) The United States is forever indebted to the acts of
bravery and selflessness of the troops of the Force, who risked
their lives for the cause of freedom.
(20) The efforts of the Force along the seas and skies of
Europe were critical in repelling the advance of Nazi Germany and
liberating numerous communities in France and Italy.
(21) The bond between the members of the Force from the United
States and those from Canada has endured over the decades, as the
members meet every year for a reunion, alternating between the
United States and Canada.
(22) The traditions and honors exhibited by the Force are
carried on by 2 outstanding active units of 2 great democracies,
the Special Forces of the United States and the Canadian Special
Operations Regiment.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of the Congress, of a gold medal
of appropriate design to the First Special Service Force, collectively,
in recognition of their dedicated service during World War II.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (in this Act referred
to as the ``Secretary'') shall strike the gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Award of Medal.--Following the award of the gold medal in honor
of the First Special Service Force under subsection (a), the medal
shall be given to the First Special Service Force Association in
Helena, Montana, where it shall be available for display or temporary
loan to be displayed elsewhere, particularly at other appropriate
locations associated with the First Special Service Force, including
Fort William Henry Harrison in Helena, Montana.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 2, at a price sufficient to cover the costs
of the medal, including labor, materials, dies, use of machinery, and
overhead expenses, and amounts received from the sale of such
duplicates shall be deposited in the United States Mint Public
Enterprise Fund.
SEC. 4. NATIONAL MEDALS.
Medals struck pursuant to this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
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 House on May 21, 2013. Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the award, on behalf of Congress, of a single gold medal to the First Special Service Force (a joint American-Canadian volunteer unit), collectively, in recognition of their World War II service. Directs that the gold medal be given to the First Special Service Force Association in Helena, Montana, for display there and elsewhere, including Fort William Henry Harrison in Helena. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates with proceeds deposited in the U.S. Mint Public Enterprise Fund. Declares that the medal struck under this Act is a national medal for purposes of specified coins and currency provisions. | To grant the Congressional Gold Medal, collectively, to the First Special Service Force, in recognition of its superior service during World War II. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Backcountry Landing Strip Access
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Secretary of the Interior and the Secretary of
Agriculture should adopt a nationwide policy for governing
backcountry aviation issues related to the management of
Federal land under the jurisdiction of those Secretaries and
should require regional managers to adhere to that policy.
(2) Aircraft landing strips serve an essential safety role
as emergency landing areas.
(3) Aircraft landing strips provide access to people who
would otherwise be physically unable to enjoy national parks,
national forests, and other Federal lands and serve an
essential purpose in search and rescue, firefighting, forest,
and ecological management, research, and aerial mapping.
SEC. 3. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING AIRCRAFT
LANDING STRIPS.
(a) In General.--Neither the Secretary of the Interior nor the
Secretary of Agriculture shall take any action which would permanently
close or render or declare as unserviceable any aircraft landing strip
located on Federal land under the administrative jurisdiction of either
Secretary unless--
(1) the head of the aviation department of each State in
which the aircraft landing strip is located has approved the
action;
(2) notice of the proposed action and the fact that the
action would permanently close or render or declare as
unserviceable the aircraft landing strip has been published in
the Federal Register;
(3) a 90-day public comment period on the action has been
provided after the publication under paragraph (2); and
(4) any comments received during the comment period
provided under paragraph (3) have been taken into consideration
by the Secretary of the Interior or the Secretary of
Agriculture, as the case may be, and the head of the aviation
department of each State in which the affected aircraft landing
strip is located.
(b) National Policy.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall--
(1) adopt a nationwide policy that is in accordance with
this Act for governing backcountry aviation issues related to
the management of Federal land under the jurisdiction of those
Secretaries; and
(2) require regional managers to adhere to that policy.
(c) Requirements for Policies.--A policy affecting air access to an
aircraft landing strip located on Federal land under the jurisdiction
of the Secretary of the Interior or the Secretary of Agriculture,
including the policy required by subsection (b), shall not take effect
unless the policy--
(1) states that the Federal Aviation Administration has the
sole authority to control aviation and airspace over the United
States; and
(2) seeks and considers comments from State governments and
the public.
(d) Maintenance of Airstrips.--
(1) In general.--The Secretary of the Interior and the
Secretary of Agriculture shall consult with--
(A) the head of the aviation department of each
State in which an aircraft landing strip on Federal
land under the jurisdiction of that Secretary is
located; and
(B) other interested parties,
to ensure that such aircraft landing strips are maintained in a
manner that is consistent with the resource values of the
adjacent area.
(2) Cooperative agreements.--The Secretary of the Interior
and the Secretary of Agriculture may enter into cooperative
agreements with interested parties for the maintenance of
aircraft landing strips located on Federal land.
(e) Exchanges or Acquisitions.--Closure or purposeful neglect of
any aircraft landing strip, or any other action which would render any
aircraft landing strip unserviceable, shall not be a condition of any
Federal acquisition of or exchange involving private property upon
which the aircraft landing strip is located.
(f) New Aircraft Landing Strips Not Created.--Nothing in this Act
shall be construed to create or authorize additional aircraft landing
strips.
(g) Permanently Close.--For the purposes of this Act, the term
``permanently close'' means any closure the duration of which is more
than 180 days in any calendar year.
(h) Applicability.--
(1) Aircraft landing strips.--This Act shall apply only to
established aircraft landing strips on Federal lands
administered by the Secretary of the Interior or the Secretary
of Agriculture that are commonly known and have been or are
consistently used for aircraft landing and departure
activities.
(2) Actions, policies, exchanges, and acquisitions.--
Subsections (a), (c), and (e) shall apply to any action,
policy, exchange, or acquisition, respectively, that is not
final on the date of the enactment of this Act.
(i) Federal Aviation Administration Authority not Affected.--
Nothing in this Act shall be construed to affect the authority of the
Federal Aviation Administration over aviation or airspace. | Requires the Secretaries to adopt a nationwide policy, meeting specified requirements, for governing backcountry aviation issues related to the management of Federal land under their jurisdiction of those Secretaries, and require regional managers to adhere to it.
Prescribes requirements for maintenance of such landing strips. | Backcountry Landing Strip Access Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Transparency and
Accountability in Oil Prices Act of 2008''.
SEC. 2. SENSE OF THE HOUSE ON ADDITIONAL EMERGENCY FUNDING FOR
COMMISSION.
(a) Findings.--The House of Representatives finds that--
(1) excessive speculation may be adding significantly to
the price of oil and other energy commodities;
(2) the public and Congress are concerned that overseas
exchange transactions are not being adequately reviewed by any
regulatory body;
(3) an important Federal overseer of commodity speculation,
the Commodity Futures Trading Commission, has staffing levels
that have dropped to the lowest levels in the 33-year history
of the Commission; and
(4) the acting Chairman of the Commission has said publicly
that an additional 100 employees are needed in light of the
inflow of trading volume.
(b) Sense of the House.--It is the sense of the House of
Representatives that the President should immediately send to Congress
a request for emergency appropriations for fiscal year 2008 for the
Commodity Futures Trading Commission in an amount that is sufficient--
(1) to help restore public confidence in energy commodities
markets and Federal oversight of those markets;
(2) to potentially impose limits on excessive speculation
that may be increasing the price of oil, gasoline, diesel, and
other energy commodities;
(3) to significantly improve the information technology
capabilities of the Commission to help the Commission
effectively regulate the energy futures markets; and
(4) to fund at least 100 new full-time positions at the
Commission to oversee energy commodity market speculation and
to enforce the Commodity Exchange Act (7 U.S.C. 1 et seq.).
SEC. 3. ADDITIONAL COMMISSION EMPLOYEES FOR IMPROVED ENFORCEMENT.
Section 2(a)(7) of the Commodity Exchange Act (7 U.S.C. 2(a)(7)) is
amended by adding at the end the following:
``(D) Additional employees.--As soon as practicable
after the date of enactment of this subparagraph, the
Commission shall appoint at least 100 full-time
employees (in addition to the employees employed by the
Commission as of the date of enactment of this
subparagraph)--
``(i) to increase the public transparency
of operations in energy futures markets;
``(ii) to improve the enforcement of this
Act in those markets; and
``(iii) to carry out such other duties as
are prescribed by the Commission.''.
SEC. 4. SPECULATIVE LIMITS AND TRANSPARENCY FOR OFF-SHORE OIL TRADING.
Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended by
adding at the end the following:
``(e) Foreign Boards of Trade.--
``(1) In general.--In the case of any foreign board of
trade for which the Commission has granted or is considering an
application to grant a board of trade located outside of the
United States relief from the requirement of subsection (a) to
become a designated contract market, derivatives transaction
execution facility, or other registered entity, with respect to
an energy commodity that is physically delivered in the United
States, prior to continuing to or initially granting the
relief, the Commission shall determine that the foreign board
of trade--
``(A) applies comparable principles or requirements
regarding the daily publication of trading information
and position limits or accountability levels for
speculators as apply to a designated contract market,
derivatives transaction execution facility, or other
registered entity trading energy commodities physically
delivered in the United States; and
``(B) provides such information to the Commission
regarding the extent of speculative and nonspeculative
trading in the energy commodity that is comparable to
the information the Commission determines necessary to
publish a Commitment of Traders report for a designated
contract market, derivatives transaction execution
facility, or other registered entity trading energy
commodities physically delivered in the United States.
``(2) Existing foreign boards of trade.--During the period
beginning 1 year after the date of enactment of this subsection
and ending 18 months after the date of enactment of this
subsection, the Commission shall determine whether to continue
to grant relief in accordance with paragraph (1) to any foreign
board of trade for which the Commission granted relief prior to
the date of enactment of this subsection.''.
SEC. 5. DISAGGREGATION OF INDEX FUNDS AND OTHER DATA IN ENERGY MARKETS.
Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended by
adding at the end the following:
``(h) Disaggregation of Index Funds and Data in Energy Markets.--
The Commission shall disaggregate and make public monthly--
``(1) the number of positions and total value of index
funds and other passive, long-only positions in energy markets;
and
``(2) data on speculative positions relative to bona fide
physical hedgers in those markets.''. | Increasing Transparency and Accountability in Oil Prices Act of 2008 - Expresses the sense of the House of Representatives that the President should immediately send to Congress a request for emergency appropriations for FY2008 for the Commodity Futures Trading Commission (CFTC) in an amount that is sufficient to: (1) help restore public confidence in energy commodities markets and federal oversight of those markets; (2) potentially impose limits on excessive speculation that may be increasing the price of oil, gasoline, diesel, and other energy commodities; (3) significantly improve the information technology capabilities of the CFTC to help it effectively regulate the energy futures markets; and (4) fund at least 100 new full-time positions at the CFTC to oversee energy commodity market speculation and to enforce the Commodity Exchange Act.
Amends the Commodity Exchange Act to provide for additional employees for improved enforcement.
Amends the Commodity Exchange Act to address the kind of case in which the CFTC grants or considers granting relief to a foreign board of trade from the requirement that it become a designated contract market, derivatives transaction execution facility, or other registered entity with respect to an energy commodity physically delivered in the United States. Requires the CFTC, before granting or considering such relief, to determine that the foreign board of trade: (1) applies comparable principles or requirements regarding the daily publication of trading information and position limits or accountability levels for speculators as apply to a designated contract market, derivatives transaction execution facility, or other registered entity trading energy commodities physically delivered in the United States; and (2) provides such information to the Commission regarding the extent of speculative and nonspeculative trading in the energy commodity that is comparable to the information the Commission determines necessary to publish a Commitment of Traders report for such a designated contract market, derivatives transaction execution facility, or other registered entity.
Requires the Commission to disaggregate and make public monthly: (1) the number of positions and total value of index funds and other passive, long-only positions in energy markets; and (2) data on speculative positions relative to bona fide physical hedgers in those markets. | To provide energy price relief by authorizing greater resources and authority for the Commodity Futures Trading Commission, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Master Limited Partnerships Parity
Act''.
SEC. 2. EXTENSION OF PUBLICLY TRADED PARTNERSHIP OWNERSHIP STRUCTURE TO
ENERGY POWER GENERATION PROJECTS, TRANSPORTATION FUELS,
AND RELATED ENERGY ACTIVITIES.
(a) In General.--Subparagraph (E) of section 7704(d)(1) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``income and gains derived from the
exploration'' and inserting ``income and gains derived from the
following:
``(i) Minerals, natural resources, etc.--
The exploration'',
(2) by inserting ``or'' before ``industrial source'',
(3) by inserting a period after ``carbon dioxide'', and
(4) by striking ``, or the transportation or storage'' and
all that follows and inserting the following:
``(ii) Renewable energy.--The generation of
electric power exclusively utilizing any
resource described in section 45(c)(1) or
energy property described in section 48
(determined without regard to any termination
date), or in the case of a facility described
in paragraph (3) or (7) of section 45(d)
(determined without regard to any placed in
service date or date by which construction of
the facility is required to begin), the
accepting or processing of such resource.
``(iii) Electricity storage devices.--The
receipt and sale of electric power that has
been stored in a device directly connected to
the grid.
``(iv) Combined heat and power.--The
generation, storage, or distribution of thermal
energy exclusively utilizing property described
in section 48(c)(3) (determined without regard
to subparagraphs (B) and (D) thereof and
without regard to any placed in service date).
``(v) Renewable thermal energy.--The
generation, storage, or distribution of thermal
energy exclusively using any resource described
in section 45(c)(1) or energy property
described in clause (i) or (iii) of section
48(a)(3)(A).
``(vi) Waste heat to power.--The use of
recoverable waste energy, as defined in section
371(5) of the Energy Policy and Conservation
Act (42 U.S.C. 6341(5)) (as in effect on the
date of the enactment of the Master Limited
Partnerships Parity Act).
``(vii) Renewable fuel infrastructure.--The
storage or transportation of any fuel described
in subsection (b), (c), (d), or (e) of section
6426.
``(viii) Renewable fuels.--The production,
storage, or transportation of any renewable
fuel described in section 211(o)(1)(J) of the
Clean Air Act (42 U.S.C. 7545(o)(1)(J)) (as in
effect on the date of the enactment of the
Master Limited Partnerships Parity Act) or
section 40A(d)(1).
``(ix) Renewable chemicals.--The
production, storage, or transportation of any
renewable chemical (as defined in paragraph
(6)).
``(x) Energy efficient buildings.--The
audit and installation through contract or
other agreement of any energy efficient
building property described in section
179D(c)(1).
``(xi) Gasification with sequestration.--
The production of any product from a project
that meets the requirements of subparagraphs
(A) and (B) of section 48B(c)(1) and that
separates and sequesters in secure geological
storage (as determined under section 45Q(d)(2))
at least 75 percent of such project's total
qualified carbon dioxide (as defined in section
45Q(b)).
``(xii) Carbon capture and sequestration.--
The generation or storage of electric power
produced from any facility which is a qualified
facility described in section 45Q(c) and which
disposes of any captured qualified carbon
dioxide (as defined in section 45Q(b)) in
secure geological storage (as determined under
section 45Q(d)(2)).''.
(b) Renewable Chemical.--Section 7704(d) of such Code is amended by
adding at the end the following new paragraph:
``(6) Renewable chemical.--The term `renewable chemical'
means a monomer, polymer, plastic, formulated product, or
chemical substance produced from renewable biomass (as defined
in section 9001(12) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8101(12)), as in effect on the date of
the enactment of the Master Limited Partnerships Parity
Act).''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, in taxable years
ending after such date. | Master Limited Partnerships Parity Act - Amends the Internal Revenue Code, with respect to the tax treatment of publicly traded partnerships as corporations, to expand the definition of "qualifying income" for such partnerships to include income and gains from renewable and alternative fuels (in addition to fossil fuels), including energy derived from thermal resources, waste, renewable fuels and chemicals, energy efficient buildings, gasification, and carbon capture in secure geological storage. | Master Limited Partnerships Parity Act |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Small Business Investment and
Promotion Act of 2007''.
SEC. 2. TEMPORARY CREDIT AGAINST INCOME TAX FOR SMALL BUSINESSES,
FARMERS, AND FISHERMEN TO OFFSET HIGH FUEL COSTS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by inserting after section 45N the following new
section:
``SEC. 45O. TEMPORARY CREDIT FOR SMALL BUSINESSES, FARMERS, AND
FISHERMEN TO OFFSET HIGH FUEL COSTS.
``(a) Allowance of Credit.--In the case of an eligible taxpayer,
the excessive fuel cost credit determined under this section is an
amount equal to the excessive fuel cost paid or incurred by the
taxpayer during the taxable year for any creditable fuel used in any
trade or business of the taxpayer.
``(b) Excessive Fuel Cost.--For purposes of this section--
``(1) In general.--The term `excessive fuel cost' means,
with respect to any creditable fuel, the excess (if any) of--
``(A) the amount paid or incurred by the taxpayer
for such fuel, over
``(B) the adjusted base price for such fuel.
``(2) Adjusted base price.--
``(A) In general.--The term `adjusted base price'
means, with respect to any creditable fuel, the amount
determined by the Secretary to be the applicable Labor
Day 2004 price for such fuel adjusted for inflation.
``(B) Applicable price.--The applicable Labor Day
2004 price for any fuel is the average price for such
fuel for the region in which the taxpayer purchased
such fuel (as determined using data of the Energy
Information Agency of the Department of Energy).
``(C) Inflation adjustment.--The inflation
adjustment shall be determined under the principles of
section 1(f); except that, the Secretary shall use
estimates of the monthly Consumer Price Index (as
defined in such section) where possible to more closely
reflect current inflation.
``(c) Eligible Taxpayer.--For purposes of this section--
``(1) In general.--The term `eligible taxpayer' means any
person engaged in a trade or business if--
``(A) such trade or business is--
``(i) a farming business (as defined in
section 263A(e)(4)), or
``(ii) commercial fishing (as defined in
section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1802)), or
``(B) such person is a small business.
``(2) Small business.--The term `small business' means a
trade or business that employs an annual average of not more
than 50 employees.
``(3) Creditable fuel.--The term `creditable fuel' means--
``(A) gasoline,
``(B) diesel fuel,
``(C) heating oil, and
``(D) natural gas.
``(d) Adjustment of Standard Mileage Rate.--An eligible taxpayer
may elect, in lieu of the credit under this section, a standard mileage
allowance under section 162 equal to 60 cents for each mile traveled
during the period described in subsection (e). The Secretary shall
modify the standard mileage rate under the preceding sentence to the
extent that 60 cents does not accurately reflect that value of the
credit under this section.
``(e) Application of Section.--This section shall apply to fuels
purchased during the 2-year period beginning on the date of the
enactment of this section.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code is amended by striking ``plus'' at the end
of paragraph (30), by striking the period at the end of paragraph (31)
and inserting ``, plus'', and by adding at the end the following new
paragraph:
``(32) in the case of an eligible taxpayer (as defined in
section 45O(c)), the excessive fuel cost credit determined
under section 45O(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45N the following new
item:
``Sec. 45O. Temporary credit for small businesses, farmers, and
fishermen to offset high fuel costs''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. PERMANENT EXTENSION OF RESEARCH CREDIT.
(a) In General.--Section 41 of the Internal Revenue Code of 1986
(relating to credit for increasing research activities) is amended by
striking subsection (h).
(b) Conforming Amendment.--Paragraph (1) of section 45C(b) of such
Code is amended by striking subparagraph (D).
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
SEC. 4. TREATMENT OF QUALIFIED RESTAURANT PROPERTY, QUALIFIED RETAIL
IMPROVEMENT PROPERTY, AND CERTAIN SYSTEMS INSTALLED IN
NONRESIDENTIAL BUILDINGS AS 15-YEAR PROPERTY FOR PURPOSES
OF DEPRECIATION DEDUCTION.
(a) Qualified Restaurant Property.--Clause (v) of section
168(e)(3)(E) of the Internal Revenue Code of 1986 (defining 15-year
property) is amended by striking ``placed in service before January 1,
2008''.
(b) Qualified Retail Improvement Property and Certain Systems
Installed in Nonresidential Buildings.--
(1) 15-year recovery period.--Subparagraph (E) of section
168(e)(3) of the Internal Revenue Code of 1986 (relating to 15-
year property) is amended by striking ``and'' at the end of
clause (vii), by striking the period at the end of clause
(viii) and inserting a comma, and by adding at the end the
following new clauses:
``(ix) any qualified retail improvement
property, and
``(x) any property--
``(I) which is part of a heating,
ventilation, air conditioning, or
commercial refrigeration system,
``(II) which is installed on or in
a building which is nonresidential real
property, and
``(III) the original use of which
commences with the taxpayer.''.
(2) Definition.--Section 168(e) of such Code (relating to
classification of property) is amended by adding at the end the
following new paragraph:
``(8) Qualified retail improvement property.--
``(A) In general.--The term `qualified retail
improvement property' means any improvement to an
interior portion of a building which is nonresidential
real property if--
``(i) such portion is open to the general
public,
``(ii) such portion is used by a trade or
business that sells tangible personal property
or services to the general public,
``(iii) such trade or business employs an
annual average of not more than 50 employees,
and
``(iv) such improvement is placed in
service more than 3 years after the date the
building was first placed in service.
``(B) Certain improvements not included.--Such term
shall not include any improvement for which the
expenditure is attributable to--
``(i) the enlargement of the building,
``(ii) any elevator or escalator, or
``(iii) the internal structural framework
of the building.''.
(3) Requirement to use straight line method.--Paragraph (3)
of section 168(b) of such Code (relating to applicable
depreciation method) is amended by adding at the end the
following new subparagraphs:
``(I) Qualified retail improvement property
described in subsection (e)(8).
``(J) Property described in subsection
(e)(3)(E)(x).''.
(4) Alternative system.--The table contained in section
168(g)(3)(B) of such Code (relating to special rule for certain
property assigned to classes) is amended by inserting after the
item relating to subparagraph (E)(viii) the following new
items:
``(E)(ix).................................................. 39
(E)(x)..................................................... 25''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 5. AUTHORIZATIONS.
(a) Advanced Technology Program.--There are authorized to be
appropriated to the Secretary of Commerce for the Advanced Technology
Program under section 28 of the National Institute of Standards and
Technology Act (15 U.S.C. 278n) $145,000,000 for fiscal year 2008 and
$150,000,000 for fiscal year 2009.
(b) SCORE.--There are authorized to be appropriated for the Service
Corps of Retired Executives (SCORE) under section 8(b)(1)(B) of the
Small Business Act (15 U.S.C. 637(b)(1)(B) $8,000,000 for fiscal year
2008 and $8,500,000 for fiscal year 2009.
(c) Small Business Development Centers.--There are authorized to be
appropriated for small business development centers under section 21 of
the Small Business Act (15 U.S.C. 648) $140,000,000 fiscal year 2008
and $142,500,000 for fiscal year 2009.
(d) Manufacturing Extension Partnership.--There are authorized to
be appropriated to the Secretary of Commerce for the Manufacturing
Extension Partnership program under sections 25 and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k and 278l)
$120,000,000 for fiscal year 2008 and $125,000,000 for fiscal year
2009.
(e) Women's Business Centers.--There are authorized to be
appropriated for the Women's Business Center Program under section 29
of the Small Business Act (15 U.S.C. 656) $15,500,000 for fiscal year
2008 and $16,000,000 for fiscal year 2009.
SEC. 6. SENSE OF CONGRESS ON FUNDING FOR SMALL BUSINESS PROGRAMS.
(a) Funding for 7(a) Loan Program.--It is the sense of Congress
that Congress should appropriate $79,000,000 for offsetting the cost of
borrowers participating in the loan program under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)).
(b) Funding for Other Programs.--It is the sense of Congress that
Congress should appropriate funds for the Advanced Technology Program,
the Service Corps of Retired Executives, the Small Business Development
Centers, the Manufacturing Extension Partnership, and the Women's
Business Center Program at the levels authorized under section 4 of
this Act.
SEC. 7. SMALL BUSINESS CONTRACTING GOAL.
(a) Application to Contracts Performed Overseas.--Section 15(g)(1)
of the Small Business Act (15 U.S.C.) is amended in the second sentence
by inserting ``(including awards for contracts performed outside the
United States)'' after ``all prime contract awards''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal years beginning after September 30, 2007. | Small Business Investment and Promotion Act of 2007 - Amends the Internal Revenue Code to: (1) provide to small business owners and operators of farming or commercial fishing businesses a temporary credit for excessive fuel costs paid or incurred in the operation of such business; (2) make permanent the credit for increasing research activities; and (3) treat as 15-year property for purposes of the depreciation deduction qualified restaurant property, qualified retail improvement property, and certain systems installed in nonresidential buildings.
Authorizes appropriations for FY2008-FY2009 for: (1) the Advanced Technology Program; (2) the Service Corps of Retired Executives (SCORE); (3) small business development centers; (4) the Manufacturing Extension Partnership program; and (5) the Women's Business Centers program.
Expresses the sense of Congress calling for appropriate funding for the above programs and the Small Business Act's 7(a) loan program.
Amends the Small Business Act to include awards for contracts performed outside the United States within the federal government's small business contracting goal. | To provide support for small business concerns, and for other purposes. |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Tax Lien Simplification Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The present decentralized system for filing Federal tax
liens in local property offices, which was established before
the advent of modern computers, the Internet, and e-government
programs, is inefficient, burdensome, and expensive.
(2) Current technology permits the creation of a
centralized Federal tax lien filing system which can provide
for enhanced public notice of and access to accurate tax lien
information in a manner that is more efficient, more timely,
and less burdensome than the existing tax lien filing system;
which would expedite the release of liens; and which would be
less expensive for both taxpayers and users.
(b) Purpose.--The purpose of this Act is to simplify and modernize
the process for filing notices of Federal tax liens, to improve public
access to tax lien information, and to save taxpayer dollars by
establishing a nationwide, Internet accessible, and fully searchable
filing system for Federal tax liens which would replace the current
system of local tax lien filings.
SEC. 3. NATIONAL TAX LIEN FILING SYSTEM.
(a) Filing of Notice of Lien.--Subsection (f) of section 6323 of
the Internal Revenue Code of 1986 is amended to read as follows:
``(f) Filing of Notice; Form.--
``(1) Filing of notice.--The notice referred to in
subsection (a) shall be filed in the Federal tax lien registry
operated under subsection (k). The filing of a notice of lien,
or a certificate of release, discharge, subordination, or
nonattachment of lien, or a notice of withdrawal of a notice of
lien, in the Federal tax lien registry shall be effective for
purposes of determining lien priority regardless of the nature
or location of the property interest to which the lien
attaches.
``(2) Form.--The form and content of the notice referred to
in subsection (a) shall be prescribed by the Secretary. Such
notice shall be valid notwithstanding any other provision of
law regarding the form or content of a notice of lien.
``(3) Other national filing systems.--Once the Federal tax
lien registry is operational under subsection (k), the filing
of a notice of lien shall be governed by this title and shall
not be subject to any other Federal law establishing a place or
places for the filing of liens or encumbrances under a national
filing system.''.
(b) Refiling of Notice.--Paragraph (2) of section 6323(g) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(2) Refiling.--A notice of lien may be refiled in the
Federal tax lien registry operated under subsection (k).''.
(c) Release of Tax Liens or Discharge of Property.--
(1) In general.--Section 6325(a) of the Internal Revenue
Code of 1986 is amended by inserting ``, and shall cause the
certificate of release to be filed in the Federal tax lien
registry operated under section 6323(k),'' after ``internal
revenue tax''.
(2) Release of tax liens expedited from 30 to 20 days.--
Section 6325(a) of such Code is amended by striking ``not later
than 30 days'' and inserting ``not later than 20 days''.
(3) Discharge of property from lien.--Section 6325(b) of
such Code is amended--
(A) by inserting ``, and shall cause the
certificate of discharge to be filed in the Federal tax
lien registry operated under section 6323(k),'' after
``under this chapter'' in paragraph (1),
(B) by inserting ``, and shall cause the
certificate of discharge to be filed in such Federal
tax lien registry,'' after ``property subject to the
lien'' in paragraph (2),
(C) by inserting ``, and shall cause the
certificate of discharge to be filed in such Federal
tax lien registry,'' after ``property subject to the
lien'' in paragraph (3), and
(D) by inserting ``, and shall cause the
certificate of discharge of property to be filed in
such Federal tax lien registry,'' after ``certificate
of discharge of such property'' in paragraph (4).
(4) Discharge of property from estate or gift tax lien.--
Section 6325(c) of such Code is amended by inserting ``, and
shall cause the certificate of discharge to be filed in the
Federal tax lien registry operated under section 6323(k),''
after ``imposed by section 6324''.
(5) Subordination of lien.--Section 6325(d) of such Code is
amended by inserting ``, and shall cause the certificate of
subordination to be filed in the Federal tax lien registry
operated under section 6323(k),'' after ``subject to such
lien''.
(6) Nonattachment of lien.--Section 6325(e) of such Code is
amended by inserting ``, and shall cause the certificate of
nonattachment to be filed in the Federal tax lien registry
operated under section 6323(k),'' after ``property of such
person''.
(7) Effect of certificate.--Paragraphs (1) and (2)(B) of
section 6325(f) of such Code are each amended by striking ``in
the same office as the notice of lien to which it relates is
filed (if such notice of lien has been filed)'' and inserting
``in the Federal tax lien registry operated under section
6323(k)''.
(8) Release following administrative appeal.--Section
6326(b) of such Code is amended--
(A) by striking ``and shall include'' and insert
``, shall include'', and
(B) by inserting ``, and shall cause the
certificate of release to be filed in the Federal tax
lien registry operated under section 6323(k),'' after
``erroneous''.
(9) Withdrawal of notice.--Section 6323(j)(1) of such Code
is amended by striking ``at the same office as the withdrawn
notice'' and inserting ``in the Federal tax lien registry
operated under section 6323(k)''.
(10) Conforming amendments.--Section 6325 of such Code is
amended by striking subsection (g) and by redesignating
subsection (h) as subsection (g).
(d) Federal Tax Lien Registry.--Section 6323 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subsection:
``(k) Federal Tax Lien Registry.--
``(1) In general.--The Federal tax lien registry operated
under this subsection shall be established and maintained by
the Secretary and shall be accessible to and searchable by the
public through the Internet at no cost to access or search. The
registry shall identify the taxpayer to whom the Federal tax
lien applies and reflect the date and time the notice of lien
was filed, and shall be made searchable by, at a minimum,
taxpayer name, the State of the taxpayer's address as shown on
the notice of lien, the type of tax, and the tax period. The
registry shall also provide for the filing of certificates of
release, discharge, subordination, and nonattachment of Federal
tax liens, as authorized in sections 6325 and 6326, and may
provide for publishing such other documents or information with
respect to Federal tax liens as the Secretary may by regulation
provide under paragraph (2)(C).
``(2) Administrative action.--
``(A) In general.--The Secretary shall issue
regulations or other guidance providing for the
maintenance, reliability, accessibility, and use of the
Federal tax lien registry established under paragraph
(1). Such regulations or guidance shall address, among
other matters, issues related to periods during which
the registry may be unavailable for use due to routine
maintenance or other activities.
``(B) Fees.--The Secretary may charge a taxpayer's
account with a reasonable filing fee for each notice of
lien and each related certificate, notice, or other
filing recorded in the Federal tax lien registry with
respect to such taxpayer, in an amount determined by
the Secretary to be sufficient to defray the costs of
operating the registry. The Secretary may also charge a
reasonable fee to any person who requests and receives
under section 6323(d)(1) information or a certified
copy of a filing in the Federal tax lien registry to
defray the costs of providing such information or
copies.
``(C) Filing of other items on registry.--The
Secretary may, by regulation, provide for the filing of
items on the registry other than Federal tax liens,
including criminal fine judgments under section 3613 of
title 18, United States Code, and civil judgments under
section 3201 of such title, if the Secretary determines
that it would be useful and appropriate to do so.''.
(e) Certified Copies of Information From Registry.--Section 6323 of
the Internal Revenue Code of 1986, as amended by subsection (d), is
amended by adding at the end the following new subsection:
``(l) Certified Copies of Information From Federal Registry.--The
Secretary shall make available in a certificate that can be admitted
into evidence in the courts of the United States without extrinsic
evidence of its authenticity the following information to any person
that submits a request in a form specified by the Secretary:
``(1) Whether there is on file in the Federal tax lien
registry operated under subsection (k) at a date and time
specified by the Secretary, but not a date earlier than 3 days
before the creation of the certificate, any notice of a lien
that--
``(A) designates a particular taxpayer,
``(B) has not been fully satisfied, become legally
unenforceable, or been released or withdrawn, and
``(C) if the request so states, has been fully
satisfied, become legally unenforceable, or been
released or withdrawn, and a record of which is
maintained on the registry at the time of filing of the
request,
``(2) the date and time of filing of and the information
provided in each notice of lien, and
``(3) if the request so states, the date and time of filing
of and the information provided in each certificate of release,
discharge, subordination, or non-attachment and each notice of
withdrawal recorded in the registry with respect to each notice
of lien.''.
(f) Effective Date; Implementation of Registry.--
(1) Effective date.--The amendments made by this section
shall take effect on the date determined by the Secretary of
the Treasury under paragraph (2)(E) and, except as provided in
paragraph (2)(F), shall apply to notices of liens filed after
such date.
(2) Implementation of federal tax lien registry.--
(A) Pilot project.--Prior to the implementation of
the Federal tax lien registry under section 6323(k)(1)
of the Internal Revenue Code of 1986 (as added by this
section), the Secretary of the Treasury, or the
Secretary's delegate, shall conduct and shall complete
by not later than 2 years after the date of the
enactment of this Act 1 or more pilot projects to test
the accessibility, reliability, and effectiveness of
the electronic systems designed to operate the
registry.
(B) GAO review.--Within 3 months after the
completion of such a pilot project, the Government
Accountability Office shall provide a written
evaluation of the project results and provide such
evaluation to the Secretary of the Treasury, the
Commissioner of Internal Revenue, and appropriate
committees in Congress. The Secretary and Commissioner
shall cooperate with, and provide information requested
by, the Government Accountability Office to enable the
evaluation to be completed by the date specified.
(C) Nationwide test.--Upon the completion of 1 or
more such pilot projects and after making a
determination that the electronic systems designed to
operate the Federal tax lien registry are sufficiently
accessible, reliable, and effective, the Secretary of
the Treasury, or the Secretary's delegate, shall
conduct a nationwide test of the Federal tax lien
registry to evaluate its capabilities and
functionality.
(D) Data protection.--Prior to the implementation
of such registry, the Secretary of the Treasury, or the
Secretary's delegate, shall take appropriate steps to--
(i) secure and prevent tampering with the
data recorded in the registry,
(ii) review the information currently
provided in public lien filings and determine
whether any such information should be excluded
or protected from public viewing in such
registry, and
(iii) develop a system, after consultation
with the States, industry, and other interested
parties, and after consideration of search
criteria developed for other public filing
systems including Article 9 of the Uniform
Commercial Code, that will enable users of the
registry, when examining tax lien information
for a taxpayer with a common name, to identify
through reasonable efforts the specific person
to whom such tax lien relates.
(E) Declaration of registry effective date.--Upon
the successful completion of a nationwide test of the
Federal tax lien registry system, the Secretary of the
Treasury shall determine and announce publicly a date
upon which the registry shall take effect and become
operational.
(F) Orderly transition.--In order to permit an
orderly transition to the Federal tax lien registry,
the Secretary of the Treasury may by regulation
prescribe for the continued filing of notices of
Federal tax liens in the offices of the States,
counties, and other governmental subdivisions after the
determination of an effective date under subparagraph
(E) under the provisions of section 6323(f) as in
effect before such effective date, for an appropriate
period not to exceed 2 years after such effective date. | Tax Lien Simplification Act - Amends the Internal Revenue Code to revise procedures for the filing of federal tax liens.
Direct the Secretary of the Treasury to: (1) establish and maintain a federal tax lien registry, in lieu of filing tax liens in local jurisdictions, which would be accessible to and searchable by the public through the Internet at no cost; (2) take appropriate steps to secure and prevent tampering with the data recorded in the registry; and (3) review the information in the registry to determine whether information in the registry should be excluded or protected from public viewing.
Establishes the priority of a federal tax lien based upon the date and time of the filing of a notice of lien in the federal tax lien registry.
Reduces the period for releasing satisfied or unenforceable tax liens from 30 to 20 days. | A bill to amend the Internal Revenue Code of 1986 to simplify, modernize, and improve public notice of and access to tax lien information by providing for a national, Internet accessible, filing system for Federal tax liens, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``David Ray Hate Crimes Prevention Act
of 2007'' or ``David's Law''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the incidence of violence motivated by the actual or
perceived race, color, national origin, religion, sexual
orientation, gender, or disability of the victim poses a
serious national problem;
(2) such violence disrupts the tranquility and safety of
communities and is deeply divisive;
(3) existing Federal law is inadequate to address this
problem;
(4) such violence affects interstate commerce in many ways,
including--
(A) by impeding the movement of members of targeted
groups and forcing such members to move across State
lines to escape the incidence or risk of such violence;
and
(B) by preventing members of targeted groups from
purchasing goods and services, obtaining or sustaining
employment or participating in other commercial
activity;
(5) perpetrators cross State lines to commit such violence;
(6) instrumentalities of interstate commerce are used to
facilitate the commission of such violence;
(7) such violence is committed using articles that have
traveled in interstate commerce;
(8) violence motivated by bias that is a relic of slavery
can constitute badges and incidents of slavery;
(9) although many local jurisdictions have attempted to
respond to the challenges posed by such violence, the problem
is sufficiently serious, widespread, and interstate in scope to
warrant Federal intervention to assist such jurisdictions; and
(10) many States have no laws addressing violence based on
the actual or perceived race, color, national origin, religion,
sexual orientation, gender, or disability, of the victim, while
other States have laws that provide only limited protection.
SEC. 3. DEFINITION OF HATE CRIME.
In this Act, the term ``hate crime'' has the same meaning as in
section 280003(a) of the Violent Crime Control and Law Enforcement Act
of 1994 (28 U.S.C. 994 note).
SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.
Section 245 of title 18, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c)(1) Whoever, whether or not acting under color of law,
willfully causes bodily injury to any person or, through the use of
fire, a firearm, or an explosive device, attempts to cause bodily
injury to any person, because of the actual or perceived race, color,
religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years, or fined
in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or for
life, or fined in accordance with this title, or both if--
``(i) death results from the acts committed in
violation of this paragraph; or
``(ii) the acts committed in violation of this
paragraph include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
``(2)(A) Whoever, whether or not acting under color of law, in any
circumstance described in subparagraph (B), willfully causes bodily
injury to any person or, through the use of fire, a firearm, or an
explosive device, attempts to cause bodily injury to any person,
because of the actual or perceived religion, gender, sexual
orientation, or disability of any person--
``(i) shall be imprisoned not more than 10 years, or fined
in accordance with this title, or both; and
``(ii) shall be imprisoned for any term of years or for
life, or fined in accordance with this title, or both, if--
``(I) death results from the acts committed in
violation of this paragraph; or
``(II) the acts committed in violation of this
paragraph include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
``(B) For purposes of subparagraph (A), the circumstances described
in this subparagraph are that--
``(i) in connection with the offense, the defendant or the
victim travels in interstate or foreign commerce, uses a
facility or instrumentality of interstate or foreign commerce,
or engages in any activity affecting interstate or foreign
commerce; or
``(ii) the offense is in or affects interstate or foreign
commerce.''.
SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) Amendment of Federal Sentencing Guidelines.--Pursuant to its
authority under section 994 of title 28, United States Code, the United
States Sentencing Commission shall study the issue of adult recruitment
of juveniles to commit hate crimes and shall, if appropriate, amend the
Federal sentencing guidelines to provide sentencing enhancements (in
addition to the sentencing enhancement provided for the use of a minor
during the commission of an offense) for adult defendants who recruit
juveniles to assist in the commission of hate crimes.
(b) Consistency With Other Guidelines.--In carrying out this
section, the United States Sentencing Commission shall--
(1) ensure that there is reasonable consistency with other
Federal sentencing guidelines; and
(2) avoid duplicative punishments for substantially the
same offense.
SEC. 6. GRANT PROGRAM.
(a) Authority To Make Grants.--The Administrator of the Office of
Juvenile Justice and Delinquency Prevention of the Department of
Justice shall make grants, in accordance with such regulations as the
Attorney General may prescribe, to State and local programs designed to
combat hate crimes committed by juveniles.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 7. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND
LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the
Treasury and the Department of Justice, including the Community
Relations Service, for fiscal years 2007, 2008, and 2009 such sums as
are necessary to increase the number of personnel to prevent and
respond to alleged violations of section 245 of title 18, United States
Code (as amended by this Act). | David Ray Hate Crimes Prevention Act of 2007 or David's Law - Amends the federal criminal code to impose penalties for willfully causing bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempting to cause such injury, whether or not acting under color of law, because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of any person, where the offense is in or affects interstate or foreign commerce.
Directs the U.S. Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, to amend the federal sentencing guidelines to provide sentencing enhancements for such an offense.
Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to make grants to state and local programs designed to combat hate crimes committed by juveniles.
Authorizes appropriations to the Department of the Treasury and to DOJ for FY2007-FY2009 to increase the number of personnel to protect against criminal interference with federally-protected activities. | To enhance Federal enforcement of hate crimes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Paperwork Reduction and
Fraud Prevention Act of 2008''.
SEC. 2. NATIONAL BIPARTISAN COMMISSION ON BILLING CODES AND FORMS
SIMPLIFICATION.
(a) Establishment.--There is hereby established the Commission on
Billing Codes and Forms Simplification (in this section referred to as
the ``Commission'').
(b) Duties.--The Commission shall make recommendations regarding
the following:
(1) Standardized and simplified forms.--Standardizing and
simplifying credentialing and billing forms respecting health
care claims, that all Federal Government agencies would use and
that the private sector is able (and is encouraged, but not
required) to use.
(2) Reduction in billing codes.--A significant reduction
and simplification in the number of billing codes.
(3) Regulatory and appeals process reform.--Reforms in the
Medicare regulatory and appeals processes in order to ensure
that the Secretary of Health and Human Services provides
appropriate guidance to physicians, providers of services, and
ambulance providers that are attempting to properly submit
claims under the Medicare program and to ensure that the
Secretary does not target inadvertent billing errors.
(4) Electronic forms and payments.--Simplifying and
updating electronic forms of the Centers for Medicare &
Medicaid Services to insure simplicity as well as privacy.
(c) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 17 members, of whom--
(A) four shall be appointed by the President;
(B) six shall be appointed by the majority leader
of the Senate, in consultation with the minority leader
of the Senate, of whom not more than 4 shall be of the
same political party;
(C) six shall be appointed by the Speaker of the
House of Representatives, in consultation with the
minority leader of the House of Representatives, of
whom not more than 4 shall be of the same political
party; and
(D) one, who shall serve as Chairman of the
Commission, appointed jointly by the President,
majority leader of the Senate, and the Speaker of the
House of Representatives.
(2) Appointment.--Members of the Commission shall be
appointed by not later than 90 days after the date of the
enactment of this Act.
(d) Incorporation of Bipartisan Commission Provisions.--The
provisions of paragraphs (3) through (8) of subsection (c) and
subsections (d), (e), and (h) of section 4021 of the Balanced Budget
Act of 1997 shall apply to the Commission under this section in the
same manner as they applied to the National Bipartisan Commission on
the Future of Medicare under such section.
(e) Report.--Not later than December 31, 2008, the Commission shall
submit a report to the President and Congress which shall contain a
detailed statement of only those recommendations, findings, and
conclusions of the Commission that receive the approval of at least 11
members of the Commission.
(f) Termination.--The Commission shall terminate 30 days after the
date of submission of the report required in subsection (e).
SEC. 3. EDUCATION OF PHYSICIANS AND PROVIDERS CONCERNING MEDICARE
PROGRAM PAYMENTS.
(a) Written Requests.--
(1) In general.--The Secretary of Health and Human Services
shall establish a process under which a physician may request,
in writing from a carrier, assistance in addressing
questionable codes and procedures under the Medicare program
under title XVIII of the Social Security Act and then the
carrier shall respond in writing within 30 business days with
the correct billing or procedural answer.
(2) Use of written statement.--
(A) In general.--Subject to subparagraph (B), a
written statement under paragraph (1) may be used as
proof against a future audit or overpayment under the
Medicare program.
(B) Limit on application.--Subparagraph (A) shall
not apply retroactively and shall not apply to cases of
fraudulent billing.
(b) Restoration of Toll-Free Hotline.--
(1) In general.--The Administrator of the Centers for
Medicare & Medicaid Services shall restore the toll-free
telephone hotline so that physicians may call for information
and questions about the Medicare program.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
paragraph (1).
(c) Definitions.--For purposes of this section:
(1) Physician.--The term ``physician'' has the meaning
given such term in section 1861(r) of the Social Security Act
(42 U.S.C. 1395x(r)).
(2) Carrier.--The term ``carrier'' means a carrier (as
defined in section 1842(f) of the Social Security Act (42
U.S.C. 1395u(f))) with a contract under title XVIII of such Act
to administer benefits under part B of such title.
SEC. 4. POLICY DEVELOPMENT REGARDING E&M GUIDELINES UNDER THE MEDICARE
PROGRAM.
(a) In General.--The Administrator of the Centers for Medicare &
Medicaid Services may not implement any new evaluation and management
guidelines (in this section referred to as ``E&M guidelines'') under
the Medicare program, unless the Administrator--
(1) has provided for an assessment of the proposed
guidelines by physicians;
(2) has established a plan that contains specific goals,
including a schedule, for improving participation of
physicians;
(3) has carried out a minimum of 4 pilot projects
consistent with subsection (b) in at least 4 different regions
(to be specified by the Secretary) to test such guidelines; and
(4) finds that the objectives described in subsection (c)
will be met in the implementation of such guidelines.
(b) Pilot Projects.--
(1) Length and consultation.--Each pilot project under this
subsection shall--
(A) be of sufficient length to allow for
preparatory physician and carrier education, analysis,
and use and assessment of potential E&M guidelines; and
(B) be conducted, throughout the planning and
operational stages of the project, in consultation with
national and State medical societies.
(2) Peer review and rural pilot projects.--Of the pilot
projects conducted under this subsection--
(A) at least one shall focus on a peer review
method by physicians which evaluates medical record
information for statistical outlier services relative
to definitions and guidelines published in the CPT
book, instead of an approach using the review of
randomly selected medical records using non-clinical
personnel; and
(B) at least one shall be conducted for services
furnished in a rural area.
(3) Study of impact.--Each pilot project shall examine the
effect of the E&M guidelines on--
(A) different types of physician practices, such as
large and small groups; and
(B) the costs of compliance, and patient and
physician satisfaction.
(4) Report on how met objectives.--Not later than 6 months
after the date of the conclusion of the pilot projects under
this subsection, the Administrator of the Centers for Medicare
& Medicaid Services shall submit a report to the Committees on
Commerce and Ways and Means of the House of Representatives,
the Committee on Finance of the Senate, and the Practicing
Physicians Advisory Council, on such pilot projects. Such
report shall include the extent to which the pilot projects met
the objectives specified in subsection (c).
(c) Objectives for E&M Guidelines.--The objectives for E&M
guidelines specified in this subsection are as follows (relative to the
E&M guidelines and review policies in effect as of the date of the
enactment of this Act):
(1) Enhancing clinically relevant documentation needed to
accurately code and assess coding levels accurately.
(2) Reducing administrative burdens.
(3) Decreasing the level of non-clinically pertinent and
burdensome documentation time and content in the record.
(4) Increased accuracy by carrier reviewers.
(5) Education of both physicians and reviewers.
(6) Appropriate use of E&M codes by physicians and their
staffs.
(7) The extent to which the tested E&M documentation
guidelines substantially adhere to the CPT coding rules.
(8) Simplifying electronic billing.
(d) Definitions.--For purposes of this section and section 5:
(1) Physician.--The term ``physician'' has the meaning
given such term in section 1861(r) of the Social Security Act
(42 U.S.C. 1395x(r)).
(2) Carrier.--The term ``carrier'' means a carrier (as
defined in section 1842(f) of the Social Security Act (42
U.S.C. 1395u(f))) with a contract under title XVIII of such Act
to administer benefits under part B of such title.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) Medicare program.--The term ``Medicare program'' means
the program under title XVIII of the Social Security Act.
SEC. 5. OVERPAYMENTS UNDER THE MEDICARE PROGRAM.
(a) Individualized Notice.--If a carrier proceeds with a post-
payment audit of a physician under the Medicare program, the carrier
shall provide the physician with an individualized notice of billing
problems, such as a personal visit or carrier-to-physician telephone
conversation during normal working hours, within 3 months of initiating
such audit. The notice should include suggestions to the physician on
how the billing problem may be remedied.
(b) Repayment of Overpayments Without Penalty.--The Secretary of
Health and Human Services shall permit physicians to repay Medicare
overpayments within 3 months without penalty or interest and without
threat of denial of other claims based upon extrapolation. If a
physician should discover an overpayment before a carrier notifies the
physician of the error, the physician may reimburse the Medicare
program without penalty and the Secretary may not audit or target the
physician on the basis of such repayment, unless other evidence of
fraudulent billing exists.
(c) Treatment of First-Time Billing Errors.--If a physician's
Medicare billing error was a first-time error and the physician has not
previously been the subject of a post-payment audit, the carrier may
not assess a fine through extrapolation of such an error to other
claims, unless the physician has submitted a fraudulent claim.
(d) Timely Notice of Problem Claims Before Using Extrapolation.--A
carrier may seek reimbursement or penalties against a physician based
on extrapolation of a Medicare claim only if the carrier has informed
the physician of potential problems with the claim within one year
after the date the claim was submitted for reimbursement.
(e) Submission of Additional Information.--A physician may submit
additional information and documentation to dispute a carrier's charges
of overpayment without waiving the physician's right to a hearing by an
administrative law judge.
(f) Limitation on Delay in Payment.--Following a post-payment
audit, a carrier that is conducting a pre-payment screen on a physician
service under the Medicare program may not delay reimbursements for
more than one month and as soon as the physician submits a corrected
claim, the carrier shall eliminate application of such a pre-payment
screen. | Health Care Paperwork Reduction and Fraud Prevention Act of 2008 - Establishes the Commission on Billing Codes and Forms Simplification which shall make recommendations regarding: (1) standardizing and simplifying credentialing and billing forms for health care claims; (2) reducing and simplifying billing codes; (3) reforming the Medicare regulatory and appeals processes to ensure that the Secretary of Health and Human Services provides appropriate guidance to providers for submitting Medicare claims and does not target inadvertent billing errors; and (4) updating electronic forms of the Centers for Medicare & Medicaid Services to ensure simplicity and privacy.Directs the Secretary of Health and Human Services to establish a process under which a physician may request from a carrier written assistance in addressing questionable codes and procedures under the Medicare program. Requires the Administrator of the Centers for Medicare & Medicaid Services to restore the toll-free telephone hotline so that physicians may call for information and questions about the Medicare program.Sets forth provisions concerning: (1) physician participation and pilot program testing requirements and objectives for new evaluation and management guidelines under Medicare; and (2) notice, administrative, and penalty requirements with respect to Medicare overpayments. | To reduce the amount of paperwork and improve payment policies for health care services, to prevent fraud and abuse through health care provider education, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Year 2010 Federal Aviation
Administration Extension Act, Part II''.
SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the
Internal Revenue Code of 1986 is amended by striking ``December 31,
2009'' and inserting ``March 31, 2010''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking ``December 31,
2009'' and inserting ``March 31, 2010''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
Code is amended by striking ``December 31, 2009'' and inserting
``March 31, 2010''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2010.
SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``January 1, 2010'' and inserting ``April 1,
2010''; and
(2) by inserting ``or the Fiscal Year 2010 Federal Aviation
Administration Extension Act, Part II'' before the semicolon at the
end of subparagraph (A).
(b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such
Code is amended by striking ``January 1, 2010'' and inserting ``April
1, 2010''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2010.
SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--
(1) In general.--Section 48103(7) of title 49, United States
Code, is amended to read as follows:
``(7) $2,000,000,000 for the 6-month period beginning on
October 1, 2009.''.
(2) Obligation of amounts.--Sums made available pursuant to the
amendment made by paragraph (1) may be obligated at any time
through September 30, 2010, and shall remain available until
expended.
(3) Program implementation.--For purposes of calculating
funding apportionments and meeting other requirements under
sections 47114, 47115, 47116, and 47117 of title 49, United States
Code, for the 6-month period beginning on October 1, 2009, the
Administrator of the Federal Aviation Administration shall--
(A) first calculate funding apportionments on an annualized
basis as if the total amount available under section 48103 of
such title for fiscal year 2010 were $4,000,000,000; and
(B) then reduce by 50 percent--
(i) all funding apportionments calculated under
subparagraph (A); and
(ii) amounts available pursuant to sections 47117(b)
and 47117(f)(2) of such title.
(b) Project Grant Authority.--Section 47104(c) of such title is
amended by striking ``December 31, 2009,'' and inserting ``March 31,
2010,''.
SEC. 5. EXTENSION OF EXPIRING AUTHORITIES.
(a) Section 40117(l)(7) of title 49, United States Code, is amended
by striking ``January 1, 2010.'' and inserting ``April 1, 2010.''.
(b) Section 44302(f)(1) of such title is amended--
(1) by striking ``December 31, 2009,'' and inserting ``March
31, 2010,''; and
(2) by striking ``March 31, 2010,'' and inserting ``June 30,
2010,''.
(c) Section 44303(b) of such title is amended by striking ``March
31, 2010,'' and inserting ``June 30, 2010,''.
(d) Section 47107(s)(3) of such title is amended by striking
``January 1, 2010.'' and inserting ``April 1, 2010.''.
(e) Section 47115(j) of such title is amended by striking ``January
1, 2010,'' and inserting ``April 1, 2010,''.
(f) Section 47141(f) of such title is amended by striking
``December 31, 2009.'' and inserting ``March 31, 2010.''.
(g) Section 49108 of such title is amended by striking ``December
31, 2009,'' and inserting ``March 31, 2010,''.
(h) Section 161 of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 47109 note) is amended by striking
``January 1, 2010,'' and inserting ``April 1, 2010,''.
(i) Section 186(d) of such Act (117 Stat. 2518) is amended by
striking ``January 1, 2010,'' and inserting ``April 1, 2010,''.
(j) The amendments made by this section shall take effect on
January 1, 2010.
SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k)(1)(F) of title 49, United States Code, is amended to
read as follows:
``(F) $4,676,574,750 for the 6-month period beginning on
October 1, 2009.''.
SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a)(6) of title 49, United States Code, is amended to
read as follows:
``(6) $1,466,888,500 for the 6-month period beginning on
October 1, 2009.''.
SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a)(14) of title 49, United States Code, is amended to
read as follows:
``(14) $92,500,000 for the 6-month period beginning on October
1, 2009.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II - Amends the Internal Revenue Code to extend through March 31, 2010: (1) excise taxes on aviation fuels and air transportation of persons and property; and (2) the expenditure authority for the Airport and Airway Trust Fund.
Authorizes appropriations for the six-month period from October 1, 2009, through March 31, 2010, for airport improvement program (AIP) projects, including project grant authority. Sets forth a formula for calculating the apportionment of AIP funding.
Extends through March 31, 2010, various airport development projects, including: (1) the pilot program for passenger facility fees at nonhub airports; (2) small airport grants for airports located in the Marshall Islands, Micronesia, and Palau; (3) the temporary increase to 95% in the government share of certain AIP project costs; and (4) the funding of Midway Island airport development.
Extends through March 31, 2010, state and local land use compatibility projects under the AIP program.
Extends through March 31, 2010, the authority of the Metropolitan Washington Airports Authority to apply for an airport development grant and impose a passenger facility fee.
Extends through March 31 2010, Department of Transportation (DOT) insurance coverage for domestic and foreign-flag air carriers. Allows further extension through June 30, 2010.
Extends through June 30, 2010, air carrier liability limits for injuries to passengers resulting from acts of terrorism.
Extends through March 31, 2010, certain competitive access assurance requirements for large or medium hub airport sponsors applying for AIP grants.
Extends for the six-month period beginning October 1, 2009, the authorization of appropriations for: (1) Federal Aviation Administration (FAA) operations; (2) air navigation facilities and equipment; and (3) research, engineering, and development. | To amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Health Care Subsidies for Illegal
Aliens Act of 2010''.
SEC. 2. PROCEDURES FOR ELIGIBILITY DETERMINATIONS UNDER TITLE I OF THE
PATIENT PROTECTION AND AFFORDABLE CARE ACT.
(a) Requirements for In-Person Attestation of Citizenship Status or
Status as Eligible Lawful Permanent Resident.--Section 1411 of the
Patient Protection and Affordable Care Act is amended--
(1) in subsection (a), by striking ``Establishment of
Program.--'' and all that follows through ``determining--'' and
inserting ``Verification Process.--The Secretary shall ensure
that eligibility determinations required by this Act are
conducted in accordance with the requirements of this section,
including requirements for determining--'';
(2) in subsection (a)(1), by inserting ``eligible'' before
``alien''; and
(3) in subsection (b)(1)--
(A) by striking ``provide--'' and inserting
``appear in person to provide the Exchange with the
following:''; and
(B) by redesignating subparagraph (B) as
subparagraph (C), by striking ``and'' at the end of
subparagraph (A), and by inserting after subparagraph
(A) the following:
``(B) a sworn statement, under penalty of perjury,
specifically attesting to the fact that the enrollee is
either--
``(i) a citizen or national of the United
States; or
``(ii) an alien who meets the requirements
under under subsection (a)(1) for eligibility
for coverage under a qualified health plan
offered through an Exchange; and''.
(b) Requirements for Establishment of Status.--
(1) In general.--Section 1411(b)(2) of such Act is amended
by striking subparagraphs (A) and (B) and inserting the
following:
``(A) Evidence of citizenship or nationality.--In
the case of an enrollee whose eligibility is based on
attestation of citizenship of the enrollee,
satisfactory evidence, provided by the applicant, of
citizenship or nationality (within the meaning of
section 1903(x) of the Social Security Act (42 U.S.C.
1396b)).
``(B) Evidence of satisfactory immigration
status.--In the case of an enrollee whose eligibility
is based on attestation of the enrollee's immigration
status--
``(i) such information as is necessary for
the applicant to demonstrate that the enrollee
is in ``satisfactory immigration status'' as
defined and in accordance with the Systematic
Alien Verification for Entitlements (SAVE)
program established by section 1137 of the
Social Security Act (42 U.S.C. 1320b-7), and
``(ii) such other additional identifying
information as the Secretary, in consultation
with the Secretary of Homeland Security, may
require in order for the applicant to
demonstrate satisfactory immigration status of
the enrollee.''.
(2) Verification of eligibility by exchange through
documentation.--
(A) Eligibility verification by exchange.--Section
1411(c) of such Act is amended--
(i) by striking the subsection heading and
inserting ``Verification of Eligibility Through
Documentation.--''; and
(ii) by striking paragraphs (1) and (2) and
inserting the following:
``(1) In general.--Each Exchange shall conduct eligibility
verification, using the information provided by an applicant
under subsection (b), in accordance with this subsection.
``(2) Verification of citizenship or immigration status.--
``(A) Verification of attestation of citizenship.--
Each Exchange shall verify, based on satisfactory
documentary evidence of citizenship or nationality
provided in accordance with subsection (b)(2)(A), the
eligibility for enrollment of each individual who has
been attested by an applicant, as required by
subsection (b)(1)(B), to be a citizen or national of
the United States.
``(B) Verification of attestation of eligible
immigration status.--Each Exchange shall verify, based
on evidence provided pursuant to subsection (b)(2)(B),
the eligibility for enrollment of each individual who
has been attested by an applicant, as required by
subsection (b)(1)(B), to be an alien who is eligible
for coverage under a qualified health plan offered
through an Exchange.''.
(B) Documentation provided with application.--
Section 1411(b)(1)(C) of such Act (as redesignated
under subsection (a)(3)(A)) is amended by inserting
``and documentation thereof in accordance with this
section'' before the period.
(3) Elimination of secretarial authority to make
modifications to methods for verification.--Section 1411(c)(4)
of such Act is amended--
(A) by striking ``Methods.--'' and all that follows
through ``The Secretary, in consultation'' and
inserting ``Methods.--The Secretary, in consultation'';
(B) by striking subparagraph (B); and
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively.
(4) Conforming amendments relating to requirements for
secretarial verification.--
(A) In general.--Section 1411 of such Act is
amended by striking subsection (d) and redesignating
subsections (e) through (i) as subsections (d) through
(h), respectively.
(B) Additional conforming amendments.--Subsection
(d) of such section 1411 (as redesignated by
subparagraph (A)) is amended--
(i) in paragraph (1), by striking the last
sentence; and
(ii) in subparagraphs (A) and (B) of
paragraph (2), by striking ``subsections (c)
and (d)'' each place it appears and inserting
``subsection (c)''.
(5) Treatment of inconsistencies in accordance with
existing secondary verification process.--Section 1411(d)(3) of
such Act (as redesignated by paragraph (4)(A)) is amended by
striking ``under section 1902(ee) of the Social Security Act
(as in effect on January 1, 2010)'' and inserting ``in
accordance with the secondary verification process established
consistent with section 1137 of the Social Security Act (as in
effect as of January 1, 2009)''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply as if included in the
enactment of the Patient Protection and Affordable Care Act. | No Health Care Subsidies for Illegal Aliens Act of 2010 - Amends the Patient Protection and Affordable Care Act, with respect to procedures for determining eligibility for participation in a state health care insurance exchange (Exchange), to: (1) require an applicant for enrollment in a qualified health plan (enrollee) to appear in person at an Exchange and submit a sworn statement, under penalty of perjury, that the enrollee is a citizen or national of the United States or an eligible alien; (2) require enrollees to provide satisfactory documentary evidence of citizenship or nationality or satisfactory immigration status; (3) require Exchanges to verify citizenship or immigration status of enrollees based on satisfactory documentary evidence and (4) eliminate the authority of the Secretary of Health and Human Services (HHS) to modify the methods used by Exchanges to verify enrollee eligibility. | To amend title I of the Patient Protection and Affordable Care Act to provide for appropriate procedures under such title for verification of citizenship status. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NSA Oversight Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On September 11, 2001, acts of treacherous violence
were committed against the United States and its citizens.
(2) Such acts render it both necessary and appropriate that
the United States exercise its right to self-defense by
protecting United States citizens both at home and abroad.
(3) The Federal Government has a duty to pursue al Qaeda
and other enemies of the United States with all available
tools, including the use of electronic surveillance, to thwart
future attacks on the United States and to destroy the enemy.
(4) The President of the United States possesses the
inherent authority to engage in electronic surveillance of the
enemy outside of the United States consistent with his
authority as Commander-in-Chief under Article II of the
Constitution.
(5) Congress possesses the authority to regulate electronic
surveillance within the United States.
(6) The Fourth Amendment to the Constitution guarantees to
the American people the right ``to be secure in their persons,
houses, papers, and effects, against unreasonable searches and
seizures'' and provides that courts shall issue ``warrants'' to
authorize searches and seizures, based upon probable cause.
(7) The Supreme Court has consistently held for nearly 40
years that the monitoring and recording of private
conversations constitutes a ``search and seizure'' within the
meaning of the Fourth Amendment.
(8) The Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) and chapters 119 and 121 of title 18,
United States Code, were enacted to provide the legal authority
for the Federal Government to engage in searches of Americans
in connection with criminal investigations, intelligence
gathering, and counterintelligence.
(9) The Foreign Intelligence Surveillance Act of 1978 and
specified provisions of the Federal criminal code, were
expressly enacted as the ``exclusive means by which electronic
surveillance . . . may be conducted'' domestically pursuant to
law (18 U.S.C. 2511(2)(f)).
(10) Warrantless electronic surveillance of Americans
inside the United States conducted without congressional
authorization may have a serious impact on the civil liberties
of citizens of the United States.
(11) United States citizens, such as journalists,
academics, and researchers studying global terrorism, who have
made international phone calls subsequent to the terrorist
attacks of September 11, 2001, and are law-abiding citizens,
may have the reasonable fear of being the subject of such
surveillance.
(12) Since the nature and criteria of the National Security
Agency (NSA) program is highly classified and unknown to the
public, many other Americans who make frequent international
calls, such as Americans engaged in international business,
Americans with family overseas, and others, have a legitimate
concern they may be the inadvertent targets of eavesdropping.
(13) The President has sought and signed legislation
including the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 (Public Law 107-56), and the
Intelligence Reform and Terrorism Protection Act of 2004
(Public Law 108-458), that have expanded authorities under the
Foreign Intelligence Surveillance Act of 1978.
(14) It may be necessary and desirable to amend the Foreign
Intelligence Surveillance Act of 1978 to address new challenges
in the Global War on Terrorism. The President should submit a
request for legislation to Congress to amend the Foreign
Intelligence Surveillance Act of 1978 if the President desires
that the electronic surveillance authority provided by such Act
be further modified.
(15) The Authorization for Use of Military Force (Public
Law 107-40), passed by Congress on September 14, 2001,
authorized military action against those responsible for the
attacks on September 11, 2001, but did not contain legal
authorization nor approve of domestic electronic surveillance
not authorized by chapters 119 or 121 of title 18, United
States Code, or the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.).
SEC. 3. REITERATION OF CHAPTERS 119 AND 121 OF TITLE 18, UNITED STATES
CODE, AND THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978 AS THE EXCLUSIVE MEANS BY WHICH DOMESTIC ELECTRONIC
SURVEILLANCE MAY BE CONDUCTED.
(a) Exclusive Means.--Notwithstanding any other provision of law,
chapters 119 and 121 of title 18, United States Code, and the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be
the exclusive means by which electronic surveillance may be conducted.
(b) Future Congressional Action.--Subsection (a) shall apply until
specific statutory authorization for electronic surveillance, other
than as an amendment to chapters 119 or 121 of title 18, United States
Code, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.), is enacted. Such specific statutory authorization shall
be the only exception to subsection (a).
SEC. 4. DISCLOSURE REQUIREMENTS.
Not later than 14 days after the date of the enactment of this Act,
the President shall submit to the Permanent Select Committee on
Intelligence and the Committee on the Judiciary of the House of
Representatives and the Select Committee on Intelligence and the
Committee on the Judiciary of the Senate a report in classified form
identifying the United States persons who have been the subject of
electronic surveillance not authorized to be conducted under the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
or chapters 119 or 121 of title 18, United States Code, and the basis
for the selection of such persons for such electronic surveillance.
SEC. 5. ELECTRONIC SURVEILLANCE DEFINED.
In this Act, the term ``electronic surveillance'' has the meaning
given the term in section 101(f) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(f)). | NSA Oversight Act - States that provisions of the federal criminal code concerning wire and electronic communications and their interception and the Foreign Intelligence Surveillance Act of 1978 are the exclusive means by which domestic electronic surveillance may be conducted until specific statutory authorization for any other such surveillance is enacted.
Requires the President to report to the congressional intelligence and judiciary committees identifying U.S. persons who have been the subject of electronic surveillance not conducted under the above requirements, as well as the basis for the selection of such persons for such surveillance. | To reiterate that chapters 119 and 121 of title 18, United States Code, and the Foreign Intelligence Surveillance Act of 1978 are the exclusive means by which domestic electronic surveillance may be conducted, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bleeding Disorder Screening,
Awareness, and Further Education (SAFE) Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Millions of men and women in the United States may have
an inherited bleeding disorder and not know it.
(2) The most common bleeding disorder, Von Willebrand
Disease (VWD), affects up to one in fifty Americans, occurring
equally amongst men and women.
(3) Most of those affected by Von Willebrand Disease remain
undiagnosed.
(4) The current combination of laboratory tests, clinical
observations, and family history to diagnose blood disorders
like Von Willebrand Disease is antiquated and unreliable.
(5) During adolescence, men and women may become aware of
some of the symptoms of bleeding disorders.
(6) Many Americans with bleeding disorders learn to live
with the chronic health risks which their bleeding causes, and
do not realize that they may have a bleeding disorder.
(7) It is believed that many of the 30,000 women who have
hysterectomies performed each year to treat severe bleeding may
actually have a bleeding disorder, and that these women could
avoid those unnecessary hysterectomies if properly diagnosed.
(8) Improved diagnosis of bleeding disorders, through
expanded screening of adolescents, improved physician
awareness, and additional research, could improve the quality
of life for millions of Americans.
SEC. 3. ADOLESCENT SCREENING PROGRAMS.
(a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary''), directly or through the
award of grants or contracts to States, political subdivisions of
States or Indian tribes, or other public or nonprofit private entities,
shall carry out the following activities:
(1) Development of a new, or identification of an existing,
screening questionnaire that is evidence-based and in
accordance with clinical guidelines for use in the diagnosis of
bleeding disorders in adolescents and young adults.
(2) As widely as possible in adolescent populations--
(A) dissemination and implementation of the
screening questionnaire developed or identified under
paragraph (1) and other screening tools relevant to the
diagnosis of bleeding disorders in adolescents;
(B) if screening suggests the possibility of a
bleeding disorder, ensuring the referral for further
laboratory-based diagnostic testing; and
(C) if laboratory testing confirms diagnosis of a
bleeding disorder, ensuring the referral for medical
management.
(b) Priority.--In awarding any grant or contract under subsection
(a), the Secretary shall give priority to applicants proposing to
provide screening to high school or institution of higher education
students.
(c) Technical Assistance.--The Secretary, directly or through
grants or contracts, may provide recipients of grants or contracts
under subsection (a) with technical assistance regarding the planning,
development, and implementation of activities under such subsection.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2012 through 2016.
SEC. 4. INCREASING AWARENESS AMONG HEALTH PROFESSIONALS.
(a) In General.--The Secretary, directly or through the award of
grants or contracts to States, political subdivisions of States or
Indian tribes, or other public or nonprofit private entities, shall
conduct an education campaign to increase awareness about bleeding
disorders among health professionals.
(b) Priority.--In awarding any grant or contract under section (a),
the Secretary shall give priority to applicants proposing to increase
awareness about bleeding disorders among--
(1) health professionals who commonly provide medical care
for the adolescent population, such as primary care physicians,
school nurses, physical fitness education teachers in secondary
schools, and health professionals providing services to
students through an institution of higher education's health
center; or
(2) obstetricians and gynecologists.
(c) Technical Assistance.--The Secretary, directly or through the
award of grants or contracts, may provide recipients of grants or
contracts under subsection (a) with technical assistance regarding the
planning, development, and implementation of activities under such
subsection.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2012 through 2016.
SEC. 5. RESEARCH AND SURVEILLANCE.
(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall award grants or
contracts to public or nonprofit private entities to--
(1) augment existing research efforts to evaluate, improve,
and standardize methods for diagnosing bleeding disorders; and
(2) expand ongoing efforts to--
(A) determine the prevalence of bleeding disorders
in the general population, including prevalence of
bleeding disorders among adolescent women;
(B) identify symptoms, risk factors, and co-
morbidities associated with bleeding disorders; and
(C) implement female-specific surveillance systems
and conduct related research projects to improve
bleeding symptoms and quality of life among adolescent
and adult women with bleeding disorders.
(b) Technical Assistance.--The Secretary, directly or through the
award of grants or contracts, may provide recipients of grants or
contracts under subsection (a) with technical assistance regarding the
planning, development, and implementation of activities under such
subsection.
(c) Authorization of Appropriations.--To carry out this section
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2012 through 2016.
SEC. 6. REPORT.
(a) In General.--Not later than 5 years after the date of the
enactment of this Act, the Secretary shall submit to the Congress a
report on the results of activities under this Act.
(b) Contents.--At a minimum, the report under subsection (a)
shall--
(1) catalog, with respect to bleeding disorder screening,
health professional education, and surveillance--
(A) the activities of the Federal Government,
including an assessment of the progress achieved under
this Act;
(B) the portion of students in United States high
schools and institutions of higher education who have
received some form of screening for bleeding disorders
as a result of programs under this Act;
(C) the number of health professionals who have
received some form of bleeding disorder education as a
result of programs under this Act; and
(D) the prevalence and incidence of bleeding
disorders among the general population and among women;
and
(2) make recommendations for the future direction of
bleeding disorder activities, including--
(A) a description of how the Federal Government, as
well as recipients of grants and contracts under this
Act, may improve their screening and education programs
to increase bleeding disorder diagnostic rates,
including the identification of steps that may be taken
to reduce--
(i) the prevalence of undiagnosed bleeding
disorders; and
(ii) the burden of bleeding disorders as a
chronic condition;
(B) an identification of organizations that have
most effectively and efficiently increased bleeding
disorder screening rates;
(C) an identification of programs and procedures
that have most effectively and efficiently increased
bleeding disorder screening rates, and steps that may
be taken to expand such programs and policies to
benefit larger populations;
(D) a description of the services provided by
hemophilia treatment centers, including information
regarding any increase in utilization of such centers
and any subsequent increase in resources necessary to
ensure sufficient treatment for all those utilizing
such centers; and
(E) recommendations for future research and
interventions.
SEC. 7. DEFINITION.
In this Act, the term ``State'' includes the District of Columbia
and any commonwealth, territory, or possession of the United States. | Bleeding Disorder Screening, Awareness, and Further Education (SAFE) Act of 2011 - Requires the Secretary of Health and Human Services (HHS) to take specified action, directly or through a grant program, with respect to blood disorders in adolescents, including: (1) developing a new, or identifying an existing, screening questionnaire that is evidence-based and in accordance with clinical guidelines for use in the diagnosis of bleeding disorders in adolescents and young adults; (2) disseminating and implementing the screening questionnaire and other screening tools relevant to the diagnosis of bleeding disorders in adolescents; (3) ensuring referral for further laboratory-based diagnostic testing if screening suggests the possibility of a bleeding disorder; and (4) ensuring referral for medical management if laboratory testing confirms diagnosis of a bleeding disorder.
Requires the Secretary to conduct an education campaign to increase awareness about bleeding disorders among health professionals.
Requires the the Director of the Centers for Disease Control and Prevention (CDC) to award grants or contracts to public or nonprofit private entities to: (1) augment existing research efforts to evaluate, improve, and standardize methods for diagnosing bleeding disorders; and (2) expand ongoing efforts to determine the prevalence of bleeding disorders, identify symptoms, risk factors, and co-morbidities associated with bleeding disorders, and implement female-specific surveillance systems and conduct related research to improve bleeding symptoms and quality of life among adolescent and adult women with bleeding disorders. | To authorize the Secretary of Health and Human Services to conduct programs to screen adolescents, and educate health professionals, with respect to bleeding disorders. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Cooperative
Antiterrorism Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The use of terrorism is detestable and an illegitimate
means of political expression.
(2) International terrorist organizations pose a direct
threat to the United States, and this threat is becoming more
acute and more difficult to prevent.
(3) The threat from international terrorism is made far
more dangerous by the proliferation of chemical, biological,
and radiological weapons and the means to produce those
weapons.
(4) The prosecution of the war against international
terrorist organizations must continue until the threat they
pose to the people and interests of the United States is
eliminated.
(5) The United States can only win the war against
terrorism if it receives cooperation from other countries and
entities.
(6) Protecting the United States homeland and United States
interests overseas from terrorism is of the highest priority in
the foreign relations of the United States.
(7) Cooperation in the global war against international
terrorism must be a primary focus of United States foreign
relations, United States assistance, and international security
relations.
(8) Winning the global war against international terrorism
requires cooperation from the international community,
especially in the areas of preventing the financing of terror,
sharing information on international terror networks,
eliminating terror cells, and in preventing the promotion of
virulent anti-Americanism with the intent to incite violence
and the glorification of terrorism in state-owned media and
state-controlled schools.
(9) The promotion of terrorism, intolerance, and virulent
anti-Americanism in state-owned media and state-controlled
education systems is abhorrent and poses a long-term threat to
the safety and security of the United States as well as the
community of nations.
(10) All countries and entities must be encouraged to
cooperate in the global war against international terrorism.
(11) Some foreign governments and entities are doing little
to counter proterrorist and prointolerance messages to mass
audiences, including to school age children.
(12) Countries providing direct or indirect assistance to
international terrorist organizations undermine the direct
security interests of the United States.
(13) Countries demonstrating indifference to or providing
actual endorsement of international terror as a legitimate
political tool make a direct threat to the security interests
of the United States.
(14) United States economic assistance programs and the
transfer of United States Munitions List items are a critical
tool of United States foreign policy and winning the global war
against international terrorism.
(15) Countries receiving United States assistance and the
export of items on the United States Munitions List should be
expected to support the global war against international
terror.
(16) Several existing laws, including the USA Patriot Act
of 2001, the Antiterrorism and Effective Death Penalty Act of
1996, the Foreign Assistance Act of 1961, the Arms Export
Control Act, and the Export Administration Act of 1979 (or
successor statute), prohibit the provision of United States
assistance, and the licensing for export of items on the United
States Munitions List, to countries supporting terror or not
fully cooperating in antiterror efforts of the United States.
It would be appropriate in the implementation of these laws to
apply the definition of ``fully cooperative in the global war
against international terrorism'' set forth in this Act,
including preventing promotion of terror in state-owned and state-
controlled media and educational systems.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States that--
(1) no United States economic assistance, other than
humanitarian assistance, may be provided to any foreign country
or entity that is not making a maximum effort to be fully
cooperative in the global war against international terrorism;
and
(2) no license for export of an item on the United States
Munitions List to a country or entity may be issued if that
country or entity is not making a maximum effort to be fully
cooperative in the global war against international terrorism.
SEC. 4. PROHIBITION ON UNITED STATES ECONOMIC ASSISTANCE AND COMMERCIAL
ARMS EXPORTS.
(a) United States Economic Assistance.--If the President determines
that a country or entity is not making a maximum effort to be fully
cooperative in the global war against international terrorism--
(1) no United States economic assistance may be provided to
such country or entity; and
(2) the United States shall oppose and vote against any
lending from any international financial institution, including
the World Bank, the International Monetary Fund, the Asian
Development Bank, or other related institutions to such country
or entity.
(b) Commercial Arms Exports.--No license for the export of an item
on the United States Munitions List to any country or entity may be
issued if the President determines that such country or entity is not
making a maximum effort to be fully cooperative in the global war
against international terrorism.
SEC. 5. REQUIREMENT FOR AN ANNUAL REPORT.
(a) Requirement for Report.--The President, in consultation with
the Secretary of State, the Secretary of the Treasury, the
Administrator of the United States Agency for International
Development, and the Director of Central Intelligence, shall prepare an
unclassified annual report that--
(1) contains a list of each country or entity for which the
President has determined that there is credible evidence that
such country or entity is not being fully cooperative in the
global war against international terrorism under section 4; and
(2) describes for each country or entity listed under
paragraph (1)--
(A) the specific failures of each country or entity
to be fully cooperative in the global war against
international terrorism;
(B) the reasons why such country or entity is not
fully cooperative;
(C) the efforts being made by the United States
Government to promote greater adherence by such
countries or entities with the global war against
international terrorism; and
(D) any removal of a country or entity from the
list in paragraph (1).
(b) Transmission to Congress.--
(1) Report.--The report required by this section shall be
submitted to Congress every year as a section of the annual
country reports on terrorism required by section 140(a) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656(f)).
(2) Briefing.--The President shall make the appropriate
officials available to provide a classified briefing to the
appropriate committees of Congress if such committees request
additional clarifying details on why a country or entity is
listed under subsection (a)(1).
SEC. 6. PRESIDENTIAL WAIVER.
United States economic assistance or exports prohibited by section
4 may be provided to a country or entity described in that section if
the President--
(1) determines that permitting such assistance or exports
is important to the national security interests of the United
States; and
(2) not later than 15 days before permitting such
assistance or exports, furnishes a report describing the United
States economic assistance or exports to be provided to the
appropriate committees of Congress.
SEC. 7. DEFINITIONS.
In this Act:
(1) Expression of support for terrorism against the united
states.--The term ``expression of support for terrorism against
the United States'' means a pattern of actions or expressions
that are designed to provoke or incite anti-American violence,
advocate international terrorism, or to glorify the use of
violence against citizens or government officials of the United
States.
(2) Fully cooperative in the global war against
international terrorism.--The term ``fully cooperative in the
global war against international terrorism'' means a country or
entity that has the necessary legal framework and, to the
maximum extent possible, is enforcing efforts to--
(A) prevent the knowing financing of terrorism,
including preventing--
(i) direct financial payments to any
terrorist organization;
(ii) any terrorist organization or any
entity supporting a terrorist organization from
receiving financial services such as brokering,
lending, or transferring currency or credit;
(iii) any person from soliciting funds or
items of value for a terrorist group; and
(iv) any humanitarian or other
nongovernmental organization from providing
financial support to terrorist organizations;
(B) share intelligence information with the United
States, including--
(i) releasing information to the United
States related to any terrorist organization;
(ii) cooperating in investigations
conducted by the United States; and
(iii) providing, to the extent possible,
access to individuals suspected of or
supporting terrorist organizations to United
States investigators; and
(C) act against terrorist organizations,
including--
(i) preventing terrorist organizations from
committing or inciting to commit terrorist acts
against the United States or its interests
overseas;
(ii) preventing terrorist organizations
from operating safe houses or providing
transportation, communication, documentation,
identification, weapons (including chemical,
biological, or radiological weapons),
explosives, or training to terrorists; and
(iii) in the cases of a country--
(I) investigating suspected
terrorists within its national
territory;
(II) enforcing international
agreements and United Nations Security
Council Resolutions against terrorism;
and
(III) curbing any domestic
expression of support for terrorism
against the United States and its
allies in state-owned media, state-
sanctioned gatherings, state-governed
religious institutions, and state-
sanctioned school and textbooks.
(3) Humanitarian assistance.--The term ``humanitarian
assistance'' means any humanitarian goods and services,
including foodstuffs, medicines, and health assistance
programs.
(4) Terrorist organization.--The term ``terrorist
organization'' means an organization designated as a foreign
terrorist organization by the Secretary of State under section
219 of the Immigration and Nationality Act (8 U.S.C. 1189).
(5) United states economic assistance.--The term ``United
States economic assistance'' means--
(A) any assistance under the Foreign Assistance Act
of 1961 (including programs under title IV of chapter
2, relating to the Overseas Private Investment
Corporation);
(B) sales, or financing on any terms, under the
Arms Export Control Act;
(C) the provision of agricultural commodities,
other than food, under the Agricultural Trade
Development and Assistance Act of 1954;
(D) financing under the Export-Import Bank Act of
1945; and
(E) does not include humanitarian assistance or
other assistance that is intended to support
cooperative antiterrorism, peacekeeping, counter-
narcotics, nonproliferation and counter-proliferation
programs, or funding for nongovernmental organizations
promoting education and democratic institutions.
(6) United states munitions list.--The term ``United States
Munitions List'' means the defense articles and defense
services controlled by the President under section 38 of the
Arms Export Control Act (22 U.S.C. 2778). | International Cooperative Antiterrorism Act of 2002 - Prohibits the provision of U.S. economic assistance (except humanitarian assistance), or the issuance of a license for the export of an item on the U.S. Munitions List, to any country or entity that the President has determined is not making a maximum effort to be fully cooperative in the global war against international terrorism. Declares that the United States shall oppose and vote against any lending from any international financial institution, including the World Bank, the International Monetary Fund, the Asian Development Bank, or other related institutions to such a country or entity. Authorizes the President to waive the requirements of this Act in the national security interests of the United States. | A bill to prohibit United States assistance and commercial arms exports to countries and entities supporting international terrorism. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First State National Historical Park
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historical park.--The term ``historical park'' means
the First State National Historical Park established by section
3(a)(1).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means--
(A) the State of Delaware; and
(B) in the case of the property described in
section 3(b)(8), the States of Delaware and
Pennsylvania.
SEC. 3. FIRST STATE NATIONAL HISTORICAL PARK.
(a) Establishment.--
(1) In general.--Subject to paragraph (3), there is
established the First State National Historical Park, to be
administered as a unit of the National Park System.
(2) Purposes.--The purposes of the historical park are to
preserve, protect, and interpret the nationally significant
cultural and historic resources in the State that are
associated with--
(A) early Dutch, Swedish, and English settlement of
the Colony of Delaware and portions of the Colony of
Pennsylvania; and
(B) the role of Delaware--
(i) in the birth of the United States; and
(ii) as the first State to ratify the
Constitution.
(3) Determination by secretary.--
(A) In general.--The historical park shall not be
established until the date on which the Secretary
determines that sufficient land or interests in land
have been acquired from among the sites described in
subsection (b) to constitute a manageable park unit.
(B) Notice.--Not later than 30 days after making a
determination under subparagraph (A), the Secretary
shall publish a notice in the Federal Register of the
establishment of the historical park, including an
official boundary map for the historical park.
(C) Availability of map.--The map published under
subparagraph (B) shall be on file and available for
public inspection in the appropriate offices of the
National Park Service.
(b) Historic Sites.--The Secretary may include the following sites
within the boundary of the historical park as generally depicted on the
maps numbered 1 through 6, entitled ``First State National Historical
Park, New Castle, Kent, Sussex Counties, DE and Delaware County, PA''
and ``First State National Historical Park, Woodlawn'', numbered T19/
80,000G, and dated February 2013:
(1) The Old Sherriff's House in New Castle County,
Delaware, as depicted on map 4 of 6.
(2) Fort Christina National Historic Landmark in New Castle
County, Delaware, as depicted on map 3 of 6.
(3) Old Swedes Church National Historic Landmark in New
Castle County, Delaware, as depicted on map 3 of 6.
(4) Old New Castle Courthouse in New Castle, Delaware, as
depicted on map 4 of 6.
(5) John Dickinson Plantation National Historic Landmark in
Kent County, Delaware, as depicted on map 5 of 6.
(6) Dover Green in Kent County, Delaware, as depicted on
map 5 of 6.
(7) Ryves Holt House in Sussex County, Delaware, as
depicted on map 6 of 6.
(8) The Woodlawn property in New Castle County, Delaware,
and Delaware County, Pennsylvania, as depicted on map 2 of 6.
(9) Old New Castle Green, in New Castle, Delaware, as
depicted on map 4 of 6.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the historical park
in accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park System Organic Act (16 U.S.C.
1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) Land Acquisition.--
(1) Methods.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary may acquire all or a portion of any
of the sites described in section 3(b), including
easements or other interests in land, by purchase from
a willing seller, donation, or exchange.
(B) Donation only.--
(i) Proposed nps site.--The Secretary may
acquire only by donation all or a portion of
the property identified as ``Proposed NPS
Site'' on map 2 of 6 entitled ``First State
National Historical Park, Woodlawn'', numbered
T19/80,000G, and dated February 2013, including
easements or other interests in land.
(ii) Area for potential addition by
donation.--The Secretary may acquire only by
donation all or a portion of the property
identified as ``Area for Potential Addition by
Donation'' on map 2 of 6 entitled ``First State
National Historical Park, Woodlawn'', numbered
T19/80,000G, and dated February 2013.
(2) Boundary adjustment.--On acquisition of land or an
interest in land under paragraph (1), the boundary of the
historical park shall be adjusted to reflect the acquisition.
(c) Interpretive Tours.--The Secretary may provide interpretive
tours to sites and resources in the State that are located outside the
boundary of the historical park and associated with the purposes for
which the historical park is established, including--
(1) Fort Casimir;
(2) DeVries Monument;
(3) Amstel House;
(4) Dutch House; and
(5) Zwaanendael Museum.
(d) Cooperative Agreements.--
(1) In general.--The Secretary may enter into a cooperative
agreement with the State, political subdivisions of the State,
institutions of higher education, nonprofit organizations, and
individuals to mark, interpret, and restore nationally
significant historic or cultural resources within the
boundaries of the historical park, if the cooperative agreement
provides for reasonable public access to the resources.
(2) Cost-sharing requirement.--
(A) Federal share.--The Federal share of the total
cost of any activity carried out under a cooperative
agreement entered into under paragraph (1) shall be not
more than 50 percent.
(B) Form of non-federal share.--The non-Federal
share may be in the form of in-kind contributions or
goods or services fairly valued.
(e) Management Plan.--
(1) In general.--Not later than 3 fiscal years after the
date on which funds are made available to carry out this
subsection, the Secretary shall complete a management plan for
the historical park.
(2) Applicable law.--The management plan shall be prepared
in accordance with section 12(b) of Public Law 91-383 (16
U.S.C. 1a-7(b)) and other applicable laws.
SEC. 5. NATIONAL LANDMARK STUDY.
(a) In General.--Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary shall
complete a study assessing the historical significance of additional
properties in the State that are associated with the purposes of
historical park.
(b) Requirements.--The study prepared under subsection (a) shall
include an assessment of the potential for designating the additional
properties as National Historic Landmarks.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | First State National Historical Park Act - Establishes the First State National Historical Park in Delaware, to be administered as a unit of the National Park System. Specifies that the purpose of the Park is the preservation, protection, and interpretation of the nationally significant cultural and historic resources associated with early Dutch, Swedish, and English settlement of the colony of Delaware and parts of the colony of Pennsylvania and Delaware's role in the birth of the United States and as the first state to ratify the Constitution. Requires the completion of a management plan for the Park. Requires completion of a study assessing the historical significance of additional properties in Delaware associated with the Park. | First State National Historical Park Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Bus Safety Act''.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) The term ``bus'' means a motor vehicle with motive
power, except a trailer, designed for carrying more than 10
persons.
(2) The term ``school bus'' means a bus that is used for
purposes that include carrying pupils to and from public or
private school or school-related events on a regular basis, but
does not include a transit bus or a school-chartered bus.
(3) The term ``school-chartered bus'' means a bus that is
operated under a short-term contract with State or school
authorities who have acquired exclusive use of the bus at a
fixed charge in order to provide transportation for a group of
pupils to a special school-related event.
(4) The term ``Secretary'' means the Secretary of
Transportation.
SEC. 3. PROFICIENCY STANDARDS FOR SCHOOL BUS DRIVERS.
(a) Requirement.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall prescribe proficiency standards for
school bus drivers who are required to possess a commercial driver's
license to operate a school bus.
(b) Exemption for Certain States.--In prescribing proficiency
standards under subsection (a), the Secretary shall provide that a
State may, in lieu of utilizing such proficiency standards, utilize
proficiency standards established by the State before the date of the
prescription of efficiency standards under subsection (a) if the
Secretary determines that the standards of the State establish
proficiency requirements as rigorous as the proficiency requirements
established under the standards prescribed under subsection (a).
(c) Demonstration of Proficiency.--Upon the prescription of
standards under subsection (a), each school bus driver referred to in
subsection (a) shall demonstrate (at such interval as the Secretary
shall prescribe) to the employer of the driver, the school district,
the State licensing agency, or other person or agency responsible for
regulating school bus drivers the proficiency of such driver in
operating a school bus in accordance with the proficiency standards
prescribed under subsection (a) or the proficiency standards
established by the State concerned, as the case may be.
SEC. 4. CRIMINAL HISTORY INVESTIGATIONS OF SCHOOL BUS DRIVERS.
(a) Requirement for Investigations.--(1) Notwithstanding any other
provision of law, a local educational agency may not employ a person as
a driver of a school bus of or on behalf of the agency until the agency
conducts a background check under procedures that meet the guidelines
set forth in section 3(b) of the National Child Protection Act of 1993
(Public Law 103-209; 107 Stat. 2491; 42 U.S.C. 5119a(b)).
(2) Subject to paragraph (3), the prohibition set forth in
paragraph (1) shall take effect on the date of the enactment of this
Act.
(b) Interim Requirement.--Prior to the establishment of the
procedures referred to in subsection (a)(1), or a State's participation
in the procedures referred to in subsection (a)(1), local educational
agencies shall request the Criminal Justice Information Services
Division of the Federal Bureau of Investigation to conduct a
fingerprint based check through its criminal history files, and the
Division shall comply with such a request.
(c) Definition.--In this section, the term ``local educational
agency'' has the meaning given such term in section 1471(12) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12)).
SEC. 5. DEVELOPMENT OF INTELLIGENT VEHICLE-HIGHWAY SYSTEMS FOR SCHOOL
BUS SAFETY.
Section 6055(d) of the Intelligent Vehicle-Highway Systems Act of
1991 (23 U.S.C. 307 note) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) ensure that one or more operational tests advance the
use and reduce the cost of intelligent vehicle-highway system
technologies (including hazard warning systems or sensors) that
alert school bus drivers of pedestrians or vehicles in, or
approaching, the path of the school bus.''.
SEC. 6. SEAT BELTS IN SCHOOL BUSES.
(a) Requirement for Installation.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall prescribe
regulations that require that driver seat belts and passenger seat
belts (including lap safety belts or other child safety devices meeting
applicable Federal safety standards) be installed for each seating
position in any newly manufactured school bus.
(b) Promotion of Seat Belt Usage.--
(1) In general.--The Secretary, in consultation with
appropriate safety organizations and parent-teacher
organizations, shall conduct a program to promote and encourage
the use of seat belts in school buses.
(2) Elements of program.--In conducting the program
required under this subsection, the Secretary shall--
(A) encourage State and local governments to enact
and implement laws requiring mandatory usage of seat
belts in school buses;
(B) develop and disseminate educational materials
on the importance of using seat belts to passengers and
drivers of school buses; and
(C) recognize in an appropriate manner school
districts that achieve a high level of seat belt usage
by passengers and drivers of school buses.
SEC. 7. TRAFFIC ENGINEERING ACTIVITIES TO IMPROVE SCHOOL BUS SAFETY.
Notwithstanding any other provision of law, the Secretary shall
ensure that each State receiving aid to conduct highway safety programs
under section 402(c) of title 23, United States Code, shall utilize a
portion (as determined by the Secretary) of such aid for the purpose of
conducting traffic engineering activities in order to improve the safe
operation of school buses. The Secretary shall, to the maximum extent
practicable, ensure that the total amount utilized by such States for
such purpose in any fiscal year shall not be less than $1,000,000.
SEC. 8. DETERMINATION OF PRACTICABILITY AND FEASIBILITY OF CERTAIN
SAFETY AND ACCESS REQUIREMENTS FOR SCHOOL BUSES.
(a) Commencement of Rulemaking Process.--Not later than 6 months
after the date of the enactment of this Act, the Secretary shall begin
a rulemaking process to determine the feasibility and practicability of
the following:
(1) A requirement for a decrease in the flammability of the
materials used in the construction of the interiors of school
buses.
(2) A requirement that individuals, school districts, or
companies that sell in the secondary market school buses that
may be used in interstate commerce inform purchasers of such
buses that such buses may not meet current National Highway
Transportation Safety Administration standards or Federal
Highway Administration standards with respect to such buses.
(3) The establishment of construction and design standards
for wheelchairs used in the transportation of students in
school buses.
(b) Final Rule.--Not later than 2 years after such date, the
Secretary shall promulgate a final rule providing for any requirement
or standard referred to in paragraph (1), (2), or (3) of subsection (a)
that the Secretary determines to be feasible and practicable.
SEC. 9. DISSEMINATION OF INFORMATION ON SCHOOL BUS SAFETY.
(a) Dissemination of Information.--In carrying out research on
highway safety under section 403 of title 23, United States Code, the
Secretary, in consultation with the American Automobile Association,
State educational agencies, and highway safety organizations, shall--
(1) improve the training materials on school bus safety;
and
(2) improve the distribution and availability of such
materials to schools for use by the student safety patrols of
such schools and to appropriate law enforcement agencies.
(b) Funds.--Notwithstanding any other provision of law, of the
funds available to the Secretary for research on highway safety and
traffic conditions under such section 403 in each of fiscal years 1995
through 2000, $100,000 shall be available in each such fiscal year for
the purposes of carrying out this section.
SEC. 10. STUDY AND REPORT ON SCHOOL BUS SAFETY.
(a) Study.--
(1) In general.--The Secretary shall carry out a study to
determine the following:
(A) The extent to which public transit vehicles are
engaged in school bus operations.
(B) The point at which a public transit vehicle is
sufficiently engaged in such operations as to be
considered a school bus for purposes of regulation
under Federal law.
(C) The differences between school bus operations
carried out directly by schools or school districts and
school bus operations carried out by schools or school
districts by contract.
(2) Areas.--The study shall address the differences between
the services and operations referred to in paragraph (1)(C) in
terms of--
(A) crash injury data;
(B) driver and carrier requirements;
(C) passenger transportation requirements;
(D) bus construction and design standards;
(E) Federal and State operating assistance (per
passenger/per mile/per hour);
(F) total operating costs;
(G) Federal and State capital assistance (per
passenger/per mile/per hour);
(H) total capital costs; and
(I) such other factors as the Secretary considers
appropriate.
(b) Report.--(1) Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the committees referred to
in paragraph (2) a report on the results of the study carried out under
subsection (a).
(2) The committees referred to in paragraph (1) are the following:
(A) The Committee on Environment and Public Works of the
Senate.
(B) The Committee on Commerce, Science, and Transportation
of the Senate.
(C) The Committee on Appropriations of the Senate.
(D) The Committee on Public Works and Transportation of the
House of Representatives.
(E) The Committee on Energy and Commerce of the House of
Representatives.
(F) The Committee on Appropriations of the House of
Representatives.
SEC. 11. ESTABLISHMENT OF MINIMUM REPORTING CRITERIA FOR HIGHWAY SAFETY
PROGRAM ON TRAFFIC-RELATED DEATHS AND INJURIES.
The Secretary of Transportation shall--
(1) not later than December 31, 1994, issue a notice of
proposed rulemaking with respect to the minimum reporting
criteria required under the tenth sentence of section 402(a) of
title 23, United States Code; and
(2) not later than December 31, 1995, and after an
opportunity for public comment, issue a final rule establishing
such criteria.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | School Bus Safety Act - Directs the Secretary of Transportation to prescribe Federal proficiency standards for school bus drivers who are required to possess a commercial driver's license to operate a school bus. Requires the Secretary, in prescribing such standards, to authorize States to establish their own proficiency standards in lieu of the Federal standards if the Secretary determines they are as rigorous as the Federal standards. Requires bus drivers to demonstrate their proficiency in operating a school bus in accordance with either the Federal or State standards.
(Sec. 4) Prohibits a local agency from employing a person as a school bus driver until it conducts a criminal background check under procedures that meet the guidelines set forth in the National Child Protection Act of 1993.
(Sec. 5) Amends the Intelligent Vehicle-Highway Systems Act of 1991 to require the Secretary, in deciding which projects to fund under such Act, to ensure that one or more operational tests advance the use and reduce the cost of intelligent vehicle-highway system technologies (including hazard warning systems or sensors) that alert school bus drivers of pedestrians or vehicles in, or approaching, the path of a school bus.
(Sec. 6) Requires the Secretary to prescribe regulations that require driver seat belts and passenger seat belts, including lap safety belts or other child safety devices meeting applicable Federal safety standards, be installed for each seating position in any newly manufactured school bus. Requires the Secretary to conduct a program to promote the use of seat belts in school buses.
(Sec. 7) Requires the Secretary to ensure that each State receiving Federal aid to conduct highway safety programs utilizes a portion of such aid (at least $1 million per fiscal year) to conduct traffic engineering activities to improve the safe operation of school buses.
(Sec. 8) Requires the Secretary to begin a rulemaking process to determine the feasibility of certain safety and access requirements for school buses.
(Sec. 9) Requires the Secretary in carrying out highway safety research and development projects to provide for the dissemination of information on school bus safety. Authorizes appropriations.
(Sec. 10) Requires the Secretary to conduct a study, and report the results to specified congressional committees, on school bus safety.
(Sec. 11) Requires the Secretary to: (1) issue a notice of proposed rulemaking with respect to minimum reporting criteria on traffic-related deaths and injuries under State highway safety programs; and (2) issue a final rule establishing such criteria.
(Sec. 12) Authorizes appropriations. | School Bus Safety Act |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Seven Baha'i leaders in Iran have been wrongfully
imprisoned since 2008.
(2) In May 2010, suspected terrorists attacked two mosques
in Pakistan belonging to the Ahmaddiya minority Muslim sect,
killing at least 80 people. Ahmadis consider themselves Muslim,
but Pakistani law does not recognize them as such.
(3) Said Musa, an Afghan Christian convert, was arrested in
May 2010 on charges of apostasy, a crime which can carry the
death sentence, and was released in February 2011 only after
sustained international pressure.
(4) On October 31, 2010, gunmen laid siege on Our Lady of
Salvation Church in Baghdad, Iraq killing at least 52 police
and worshipers, including two priests, making it the worst
massacre of Iraqi Christians since 2003.
(5) Iraq's ancient and once vibrant Christian population
that numbered an estimated 1,500,000 out of a total population
in Iraq of 30,000,000 in 2003 has been reduced by at least one
half, due in significant part to Christians fleeing the
violence.
(6) In November 2010, a Pakistani court sentenced Aasia
Bibi, a Christian mother of five, to death under the country's
blashphemy law for insulting the Prophet Muhammad.
(7) On New Year's Eve 2010, 23 people were killed when a
suicide bomber attacked a Coptic Christian church in
Alexandria, Egypt.
(8) On March 2, 2011, Pakistani Federal Minorities Minister
Shahbaz Bhatti, the only Christian member of the Cabinet, who
was outspoken in his opposition to Pakistan's blasphemy laws
was assassinated by extremists.
(9) The Department of State's 2010 International Religious
Freedom Report stated that many religious minority groups in
Uzbekistan ``faced heavy fines and/or short jail terms for
violations of restrictive religion laws''.
(10) The Special Envoy for Anti-Semitism, Hannah Rosenthal,
has noted that Holocaust glorification ``is especially virulent
in the Middle East media''.
(11) A number of countries in the Middle East have recently
undergone popular revolutions which in some countries have left
security vacuums making religious minorities especially
vulnerable to violent attacks, such as--
(A) in March 2011, the Shahedin Church in Helwan
province, Egypt, was torched, leading to protests which
spurred sectarian clashes in the streets of Cairo;
(B) on March 20, 2011, a group of Salafists in
Upper Egypt cut off a Christian man's ear and burned
his home and car; and
(C) news reports from April 2011 indicate that
Salafi organizations in Egypt have been implicated in
the destruction of Sufi shrines across the country
fueling violent conflict.
(12) Many of these ancient faith communities are being
forced to flee the lands which they have inhabited for
centuries.
(13) The United States Commission on International
Religious Freedom has recommended that Iran, Iraq, Pakistan,
Saudi Arabia, Turkmenistan, and Uzbekistan be designated by the
Department of State as Countries of Particular Concern in
accordance with the International Religious Freedom Act of
1998.
(14) The situation on the ground in the region continues to
develop rapidly and the United States Government needs an
individual who can respond in kind and focus on the critical
situation of religious minorities in these countries.
SEC. 2. SPECIAL ENVOY TO PROMOTE RELIGIOUS FREEDOM OF RELIGIOUS
MINORITIES IN THE NEAR EAST AND SOUTH CENTRAL ASIA.
(a) Appointment.--The President shall appoint a Special Envoy to
Promote Religious Freedom of Religious Minorities in the Near East and
South Central Asia (in this Act referred to as the ``Special Envoy'')
within the Department of State.
(b) Qualifications.--The Special Envoy should be a person of
recognized distinction in the field of human rights and religious
freedom and with expertise in the Near East and South Central Asia
regions. The Special Envoy shall have the rank of ambassador and shall
hold the office at the pleasure of the President.
(c) Prohibition.--The person appointed as Special Envoy may not
hold any other position of Federal employment for the period of time
during which the person holds the position of Special Envoy.
SEC. 3. DUTIES.
(a) In General.--The Special Envoy shall carry out the following
duties:
(1) Promote the right of religious freedom of religious
minorities in the countries of the Near East and the countries
of South Central Asia, denounce the violation of such right,
and recommend appropriate responses by the United States
Government when such right is violated.
(2) Monitor and combat acts of religious intolerance and
incitement targeted against religious minorities in the
countries of the Near East and the countries of South Central
Asia.
(3) Work to ensure that the unique needs of religious
minority communities in the countries of the Near East and the
countries of South Central Asia are addressed, including the
economic and security needs of such communities to the extent
that such needs are directly tied to religious-based
discrimination and persecution.
(4) Work with foreign governments of the countries of the
Near East and the countries of South Central Asia to address
laws that are inherently discriminatory toward religious
minority communities in such countries.
(5) Coordinate and assist in the preparation of that
portion of the report required by sections 116(d) and 502B(b)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and
2304(b)) relating to the nature and extent of religious freedom
of religious minorities in the countries of the Near East and
the countries of South Central Asia.
(6) Coordinate and assist in the preparation of that
portion of the report required by section 102(b) of the
International Religious Freedom Act of 1998 (22 U.S.C. 6412(b))
relating to the nature and extent of religious freedom of
religious minorities in the countries of the Near East and the
countries of South Central Asia.
(b) Coordination.--In carrying out the duties under subsection (a),
the Special Envoy shall, to the maximum extent practicable, coordinate
with the Bureau of Population, Refugees and Migration of the Department
of State, the Ambassador at Large for International Religious Freedom,
the United States Commission on International Religious Freedom, and
other relevant Federal agencies and officials.
SEC. 4. DIPLOMATIC REPRESENTATION.
Subject to the direction of the President and the Secretary of
State, the Special Envoy is authorized to represent the United States
in matters and cases relevant to religious freedom in the countries of
the Near East and the countries of South Central Asia in--
(1) contacts with foreign governments, intergovernmental
organizations, and specialized agencies of the United Nations,
the Organization of Security and Cooperation in Europe, and
other international organizations of which the United States is
a member; and
(2) multilateral conferences and meetings relevant to
religious freedom in the countries of the Near East and the
countries of South Central Asia.
SEC. 5. PRIORITY COUNTRIES AND CONSULTATION.
(a) Priority Countries.--In carrying out this Act, the Special
Envoy shall give priority to programs, projects, and activities for
Egypt, Iraq, Afghanistan, and Pakistan.
(b) Consultation.--The Special Envoy shall consult with domestic
and international nongovernmental organizations and multilateral
organizations and institutions, as the Special Envoy considers
appropriate to fulfill the purposes of this Act.
SEC. 6. FUNDING.
(a) In General.--Of the amounts made available for ``Diplomatic and
Consular Programs'' for fiscal years 2011 through 2015, $1,000,000 is
authorized to be appropriated for each such fiscal year for the hiring
of staff, for the conduct of investigations, and for necessary travel
to carry out the provisions of this Act.
(b) Funding Offset.--To offset the costs to be incurred by the
Department of State for the hiring of staff, for the conduct of
investigations, and for necessary travel to carry out the provisions of
this Act for fiscal years 2011 through 2015, the Secretary of State
shall eliminate such positions within the Department of State, unless
otherwise authorized or required by law, as the Secretary determines to
be necessary to fully offset such costs.
(c) Limitation.--No additional funds are authorized to be
appropriated for ``Diplomatic and Consular Programs'' to carry out this
Act.
SEC. 7. SUNSET.
This Act shall cease to be effective beginning on October 1, 2015.
Passed the House of Representatives July 29, 2011.
Attest:
KAREN L. HAAS,
Clerk. | (Sec. 2) Directs the President to appoint a Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia within the Department of State.
(Sec. 3) Requires the Special Envoy to: (1) promote the right of religious freedom of religious minorities in the countries of the Near East and South Central Asia, denounce the violation of such right, and recommend appropriate U.S government responses to such violations; (2) monitor and combat acts of religious intolerance and incitement targeted against such religious minorities; (3) ensure that the needs of such religious minority communities are addressed, including economic and security needs directly tied to religious-based discrimination and persecution; (4) work with foreign governments of such countries to address inherently discriminatory laws; and (5) coordinate and assist in the preparation of specified reports required by the Foreign Assistance Act of 1961 and the International Religious Freedom Act of 1998.
(Sec. 4) Authorizes the Special Envoy, subject to direction by the President and the Secretary of State, to represent the United States in matters and cases relevant to religious freedom in: (1) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations (U.N.), the Organization of Security and Cooperation in Europe, and other international organizations; and (2) multilateral conferences and meetings relevant to religious freedom.
(Sec. 5) Requires the Special Envoy to give priority to programs, projects, and activities for Egypt, Iraq, Afghanistan, and Pakistan.
(Sec. 6) Authorizes, from amounts available for Diplomatic and Consular Programs, $1 million to be appropriated each fiscal year from FY2011-FY2015. Provides that no additional funds are authorized to be appropriated for such Programs to carry out this Act.
Directs the Secretary, unless otherwise authorized or required by law, to eliminate positions within the Department as necessary to offset the costs to be incurred for hiring staff, conducting investigations, and for the necessary travel to carry out this Act.
(Sec. 7) Declares that this Act shall cease to be effective on October 1, 2015. | To provide for the establishment of the Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business International Trade
Enhancements Act of 2007''.
SEC. 2. SMALL BUSINESS ADMINISTRATION ASSOCIATE ADMINISTRATOR FOR
INTERNATIONAL TRADE.
(a) Establishment.--Section 22(a) of the Small Business Act (15
U.S.C. 649(a)) is amended by adding at the end the following: ``The
head of the Office shall be the Associate Administrator for
International Trade, who shall be responsible to the Administrator.''.
(b) Authority for Additional Associate Administrator.--Section
4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended--
(1) in the fifth sentence, by striking ``five Associate
Administrators'' and inserting ``Associate Administrators'';
and
(2) by adding at the end the following: ``One of the
Associate Administrators shall be the Associate Administrator
for International Trade, who shall be the head of the Office of
International Trade established under section 22.''.
(c) Discharge of Administration International Trade
Responsibilities.--Section 22 of the Small Business Act (15 U.S.C. 649)
is amended by adding at the end the following:
``(h) Discharge of Administration International Trade
Responsibilities.--The Administrator shall ensure that--
``(1) the responsibilities of the Administration regarding
international trade are carried out through the Associate
Administrator for International Trade;
``(2) the Associate Administrator for International Trade
has sufficient resources to carry out such responsibilities;
and
``(3) the Associate Administrator for International Trade
has direct supervision and control over the staff of the Office
of International Trade, and over any employee of the
Administration whose principal duty station is a United States
Export Assistance Center or any successor entity.''.
(d) Role of Associate Administrator in Carrying Out International
Trade Policy.--Section 2(b)(1) of the Small Business Act (15 U.S.C.
631(b)(1)) is amended in the matter preceding subparagraph (A)--
(1) by inserting ``the Administrator of'' before ``the
Small Business Administration''; and
(2) by inserting ``through the Associate Administrator for
International Trade, and'' before ``in cooperation with''.
(e) Technical Amendment.--Section 22(c)(5) of the Small Business
Act (15 U.S.C. 649(c)(5)) is amended by striking the period at the end
and inserting a semicolon.
(f) Effective Date.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall appoint an Associate Administrator for
International Trade under section 22 of the Small Business Act (15
U.S.C. 649), as amended by this section.
SEC. 3. OFFICE OF INTERNATIONAL TRADE.
Section 22 of the Small Business Act (15 U.S.C. 649) is amended--
(1) by striking ``sec. 22. (a) There'' and inserting the
following:
``SEC. 22. OFFICE OF INTERNATIONAL TRADE.
``(a) Establishment.--There'';
(2) in subsection (a), by inserting ``(referred to in this
section as the `Office'),'' after ``Trade'';
(3) in subsection (b)--
(A) by striking ``The Office'' and inserting the
following:
``(b) Trade Distribution Network.--The Office, including United
States Export Assistance Centers (referred to as `one-stop shops' in
section 2301(b)(8) of the Omnibus Trade and Competitiveness Act of 1988
(15 U.S.C. 4721(b)(8)) and as `export centers' in this section)''; and
(B) by amending paragraph (1) to read as follows:
``(1) assist in maintaining a distribution network using
regional and local offices of the Administration, the small
business development center network, the women's business
center network, and export centers for--
``(A) trade promotion;
``(B) trade finance;
``(C) trade adjustment;
``(D) trade remedy assistance; and
``(E) trade data collection.'';
(4) in subsection (c)--
(A) by redesignating paragraphs (1) through (8) as
paragraphs (2) through (9), respectively;
(B) by inserting before paragraph (2), as so
redesignated, the following:
``(1) establish annual goals for the Office relating to--
``(A) enhancing the exporting capability of small
business concerns and small manufacturers;
``(B) facilitating technology transfers;
``(C) enhancing programs and services to assist
small business concerns and small manufacturers to
compete effectively and efficiently against foreign
entities;
``(D) increasing the access to capital by small
business concerns;
``(E) disseminating information concerning Federal,
State, and private programs and initiatives; and
``(F) ensuring that the interests of small business
concerns are adequately represented in trade
negotiations;'';
(C) in paragraph (2), as so redesignated, by
striking ``mechanism for'' and all that follows through
``(D)'' and inserting the following: ``mechanism for--
``(A) identifying subsectors of the small business
community with strong export potential;
``(B) identifying areas of demand in foreign
markets;
``(C) prescreening foreign buyers for commercial
and credit purposes; and
``(D)''; and
(D) in paragraph (9), as so redesignated--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``full-time export
development specialists to each
Administration regional office and
assigning''; and
(II) by striking ``office. Such
specialists'' and inserting ``office
and providing each Administration
regional office with a full-time export
development specialist, who'';
(ii) in subparagraph (D), by striking
``and'' at the end;
(iii) in subparagraph (E), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(F) participate jointly with employees of the
Office in an annual training program that focuses on
current small business needs for exporting; and
``(G) jointly develop and conduct training programs
for exporters and lenders in cooperation with the
United States Export Assistance Centers, the Department
of Commerce, small business development centers, and
other relevant Federal agencies.'';
(5) in subsection (d)--
(A) by inserting ``Export Financing Programs.--''
after ``(d)'';
(B) by redesignating paragraphs (1) through (5) as
clauses (i) through (v), respectively, and adjusting
the margins accordingly;
(C) by striking ``The Office shall work in
cooperation'' and inserting the following:
``(1) In general.--The Office shall work in cooperation'';
and
(D) by striking ``To accomplish this goal, the
Office shall work'' and inserting the following:
``(2) Trade financial specialist.--To accomplish the goal
established under paragraph (1), the Office shall--
``(A) designate at least 1 individual within the
Administration as a trade financial specialist to
oversee international loan programs and assist
Administration employees with trade finance issues; and
``(B) work'';
(6) in subsection (e), by inserting ``Trade Remedies.--''
after ``(e)'';
(7) by amending subsection (f) to read as follows:
``(f) Reporting Requirement.--The Office shall submit an annual
report to the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives that contains--
``(1) a description of the progress of the Office in
implementing the requirements of this section;
``(2) the destinations of travel by Office staff and
benefits to the Administration and to small business concerns
therefrom; and
``(3) a description of the participation by the Office in
trade negotiations.'';
(8) in subsection (g), by inserting ``Studies.--'' after
``(g)''; and
(9) by adding at the end the following:
``(i) Export Assistance Centers.--
``(1) In general.--During the period beginning on October
1, 2006, and ending on September 30, 2009, the Administrator
shall ensure that the number of full-time equivalent employees
of the Office assigned to the one-stop shops referred to in
section 2301(b) of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4721 (b)) is not less than the number of such
employees so assigned on January 1, 2003.
``(2) Priority of placement.--Priority shall be given, to
the maximum extent practicable, to placing employees of the
Administration at any Export Assistance Center that--
``(A) had an Administration employee assigned to
such Center before January 2003; and
``(B) has not had an Administration employee
assigned to such Center during the period beginning
January 2003, and ending on the date of enactment of
this subsection, either through retirement or
reassignment.
``(3) Needs of exporters.--The Administrator shall, to the
maximum extent practicable, strategically assign Administration
employees to Export Assistance Centers, based on the needs of
exporters.
``(4) Goals.--The Office shall work with the Department of
Commerce and the Export-Import Bank to establish shared annual
goals for the Export Centers.
``(5) Oversight.--The Office shall designate an individual
within the Administration to oversee all activities conducted
by Administration employees assigned to Export Centers.''.
SEC. 4. INTERNATIONAL TRADE LOANS.
(a) In General.--Section 7(a)(3)(B) of the Small Business Act (15
U.S.C. 636(a)(3)(B)) is amended by striking ``$1,750,000, of which not
more than $1,250,000'' and inserting ``$2,750,000 (or if the gross loan
amount would exceed $3,670,000), of which not more than $2,000,000''.
(b) Working Capital.--Section 7(a)(16)(A) of the Small Business Act
(15 U.S.C. 636(a)(16)(A)) is amended--
(1) in the matter preceding clause (i), by striking ``in--
'' and inserting ``--'';
(2) in clause (i)--
(A) by inserting ``in'' after ``(i)''; and
(B) by striking ``or'' at the end;
(3) in clause (ii)--
(A) by inserting ``in'' after ``(ii)''; and
(B) by striking the period and inserting ``; or'';
and
(4) by adding at the end the following:
``(iii) by providing working capital.''.
(c) Collateral.--Section 7(a)(16)(B) of the Small Business Act (15
U.S.C. 636(a)(16)(B)) is amended--
(1) by striking ``Each loan'' and inserting the following:
``(i) In general.--Except as provided in
clause (ii), each loan''; and
(2) by adding at the end the following:
``(ii) Exception.--A loan under this
paragraph may be secured by a second lien
position on the property or equipment financed
by the loan or on other assets of the small
business concern, if the Administrator
determines such lien provides adequate
assurance of the payment of such loan.''.
(d) Refinancing.--Section 7(a)(16)(A)(ii) of the Small Business Act
(15 U.S.C. 636(a)(16)(A)(ii)), as amended by this section, is amended
by inserting ``, including any debt that qualifies for refinancing
under any other provision of this subsection'' before the semicolon. | Small Business International Trade Enhancements Act of 2007 - Amends the Small Business Act to establish an Associate Administrator for International Trade as the head of the Office of International Trade of the Small Business Administration (SBA), who shall be responsible for international trade policy. Grants the SBA Administrator the authority to appoint additional Associate Administrators.
Requires United States Export Assistance Centers (export centers/one-stop shops) to aid the Office in maintaining a trade distribution network for trade promotion and trade assistance for small businesses. Requires the Office to establish annual goals to enhance the export capabilities of small businesses and small manufacturers to compete against foreign entities.
Directs the Office, in order to provide small businesses access to certain export financing programs, to appoint at least one trade financial specialist within the SBA to oversee international loan programs and assist SBA employees with trade finance issues.
Directs the SBA Administrator to ensure that the number of full-time equivalent Office employees assigned to one-stop shops for U.S. exporters is at least the number that were assigned on January 1, 2003.
Increases: (1) the total outstanding amount of an international trade loan guaranteed by the SBA under the Export Working Capital Program; (2) the maximum amount of an international trade loan; and (3) the maximum amount available for export working capital, supplies, or financing. Allows such loan to be secured by a second lien position on the property or equipment financed by the loan or on other assets of the small business concern. (Currently, a first lien position or first mortgage on the property, equipment, or other business assets is required.) | A bill to amend the Small Business Act to improve the Office of International Trade, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make College Affordable Act of
2005''.
SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Deduction Allowed.--Section 221 of the Internal Revenue Code of
1986 is amended to read as follows:
``SEC. 221. HIGHER EDUCATION EXPENSES.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction an amount equal to the sum of--
``(1) the qualified higher education expenses, plus
``(2) interest on qualified education loans,
paid by the taxpayer during the taxable year.
``(b) Qualified Higher Education Expenses.--For purposes of this
section--
``(1) Qualified higher education expenses.--
``(A) In general.--The term `qualified higher
education expenses' means--
``(i) 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, and
``(ii) reasonable living expenses for such
an individual while away from home and
attending such institution.
``(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) 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.
``(2) Institution of higher education.--The term
`institution of higher education' is as defined in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001).
``(c) Qualified Education Loan.--For purposes of this section--
``(1) In general.--The term `qualified education loan'
means a loan which is--
``(A) made, insured, or guaranteed by the Federal
Government,
``(B) made by a State or a political subdivision of
a State,
``(C) made from the proceeds of a qualified student
loan bond under section 144(b), or
``(D) made by an institution of higher education.
``(2) Limitation.--The amount of interest on a qualified
education loan which is taken into account under subsection
(a)(2) shall not exceed the amount which bears the same ratio
to such amount of interest as--
``(A) the proceeds from such loan used for
qualified higher education expenses, bears to
``(B) the total proceeds from such loan.
For purposes of the preceding sentence, the term `qualified
higher education expenses' shall be determined without regard
to subsection (c)(1)(A)(i)(IV).
``(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) or (d)(2)
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.--
Paragraph (17) of section 62(a) of such Code is amended to read as
follows:
``(17) Higher education expenses.--The deduction allowed by
section 221.''.
(c) Conforming Amendments.--
(1) 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 221 and inserting the following new item:
``Sec. 221. Higher education expenses.''.
(2) Section 6050S(e) of such Code is amended by striking
``section 221(d)(1)'' and inserting ``section 221(c)(1)''.
(d) Effective Date.--The amendments made by this section shall
apply to payments made after December 31, 2004. | Make College Affordable Act of 2005 - Amends the Internal Revenue Code to allow taxpayers, their spouses, dependents, and grandchildren a tax deduction from gross income for certain higher education expenses and for interest on certain student loans. Includes as higher education expenses undergraduate tuition and fees and reasonable living expenses while attending an institution of higher education. | To amend the Internal Revenue Code of 1986 to make higher education more affordable by providing a full tax deduction for higher education expenses and interest on student loans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Native Veterans Land
Allotment Equity Act''.
SEC. 2. OPEN SEASON FOR CERTAIN ALASKA NATIVE VETERANS FOR ALLOTMENTS.
Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C.
1629g) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``In
General'' and inserting ``Alaska Native Veteran
Allotments'';
(B) by striking paragraphs (1) through (4) and
inserting the following:
``(1) Allotments.--
``(A) Eligible recipients.--Any person described in
paragraph (1) or (2) of subsection (b) shall be
eligible to receive an allotment under the Act of May
17, 1906 (34 Stat. 197, chapter 2469) (as in effect
before December 18, 1971), of not more than 2 parcels
of Federal land, the total area of which shall not
exceed 160 acres. Any person described in paragraphs
(1) and (2) of subsection (b) who, prior to the date on
which the Secretary promulgates regulations pursuant to
section 3 of the Alaska Native Veterans Land Allotment
Equity Act, received an allotment that has a total area
of less than 160 acres shall be eligible to receive an
allotment under the Act of May 17, 1906 (34 Stat. 197,
chapter 2469) (as in effect before December 18, 1971),
of not more than 1 parcel of Federal land, the total
area of which shall not exceed the difference in acres
between 160 acres and the total area of the allotment
that the person previously received under the Act.
``(B) Rule of construction.--The civil action
styled `Shields v. United States' (698 F.2d 987 (9th
Cir. 1983), cert. denied (104 S. Ct. 73 (1983))) shall
not be construed to diminish or modify the eligibility
of any person described in paragraph (1) or (2) of
subsection (b).
``(C) Filing deadline.--An allotment shall be filed
for an eligible recipient not later than 3 years after
the date on which the Secretary promulgates regulations
pursuant to section 3 of the Alaska Native Veterans
Land Allotment Equity Act.
``(2) Land available for allotments.--
``(A) In general.--Subject to subparagraph (C), an
allotment under this section shall be selected from
land that is--
``(i)(I) vacant; and
``(II) owned by the United States;
``(ii) selected by, or conveyed to, the
State of Alaska, if the State voluntarily
relinquishes or conveys to the United States
the land for the allotment; or
``(iii) selected by, or conveyed to, a
Native Corporation, if the Native Corporation
voluntarily relinquishes or conveys to the
United States the land for the allotment.
``(B) Relinquishment by native corporation.--If a
Native Corporation relinquishes land under subparagraph
(A)(iii), the Native Corporation may select appropriate
Federal land, as determined by the Secretary, the area
of which is equal to the area of the land relinquished
by the Native Corporation, to replace the relinquished
land.
``(C) Exclusions.--An allotment under this section
shall not be selected from land that is located
within--
``(i) a right-of-way of the TransAlaska
Pipeline;
``(ii) an inner or outer corridor of such a
right-of-way; or
``(iii) a unit of the National Park System,
a National Preserve, or a National Monument.
``(D) Rule of construction.--The civil action
styled `Shields v. United States' (698 F.2d 987 (9th
Cir. 1983), cert. denied (104 S. Ct. 73 (1983))) shall
not be construed to limit the land that is eligible for
allotment under this paragraph.
``(3) Alternative allotments.--A person described in
paragraph (1) or (2) of subsection (b) who qualifies for an
allotment under this section on land described in paragraph
(2)(C) may select an alternative allotment from land that is--
``(A) located within the boundaries of land
described in paragraph (2)(C);
``(B)(i)(I) withdrawn under section 11(a)(1)(C);
and
``(II) not selected, or relinquished after
selection, under section 11(a)(3);
``(ii) contiguous to an outer boundary of land
withdrawn under section 11(a)(1)(C); or
``(iii) vacant, unappropriated, and unreserved; and
``(C) not a unit of the National Park System, a
National Preserve, or a National Monument.''; and
(C) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(2) in subsection (b)--
(A) in paragraph (1), by striking subparagraph (B)
and inserting the following:
``(B) is a veteran who served during the period
beginning on August 5, 1964, and ending on May 7,
1975.'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Deceased persons.--If an individual who would
otherwise have been eligible for an allotment under this
section dies before applying for an allotment, an heir of the
person may apply for, and receive, an allotment under this
section, on behalf of the estate of the person.''; and
(C) by striking paragraph (3) and inserting the
following:
``(3) Limitations.--No person who received an allotment or
has a pending allotment under the Act of May 17, 1906, may
receive an allotment under this section, other than--
``(A) an heir who applies for, and receives, an
allotment on behalf of the estate of a deceased person
under paragraph (2); and
``(B) a person who, prior to the date on which the
Secretary promulgates regulations pursuant to section 3
of the Alaska Native Veterans Land Allotment Equity
Act, received an allotment under the Act of May 17,
1906 (34 Stat. 197, chapter 2469), that has a total
area of less than 160 acres.'';
(3) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively;
(4) by inserting after subsection (c) the following:
``(d) Approval of Allotments.--
``(1) In general.--Subject to any valid right in existence
on the date of enactment of the Alaska Native Veterans Land
Allotment Equity Act, and except as provided in paragraph (3),
not later than 5 years after the date of the enactment of the
Alaska Native Veterans Land Allotment Equity Act, the Secretary
shall--
``(A) approve any application for an allotment
filed in accordance with subsection (a); and
``(B) issue a certificate of allotment under such
terms, conditions, and restrictions as the Secretary
determines to be appropriate.
``(2) Notification.--Not later than 2 years after the date
of the enactment of the Alaska Native Veterans Land Allotment
Equity Act, on receipt of an application for an allotment under
this section, the Secretary shall provide to any person or
entity that has an interest in land described in subsection
(a)(2) that is potentially adverse to the interest of the
applicant a notice of the right of the person or entity, by not
later than 90 days after the date of receipt of the notice--
``(A) to initiate a private contest of the
allotment; or
``(B) to file a protest against the allotment in
accordance with procedures established by the
Secretary.
``(3) Action by secretary.--If a private contest or protest
relating to an application for an allotment is initiated or
filed under paragraph (2), the Secretary shall not issue a
certificate for the allotment under paragraph (1)(B) until a
final determination has been made with respect to the private
contest or protest.
``(e) Reselection.--A person that selected an allotment under this
section may withdraw that selection and reselect land in accordance
with this section after the date of enactment of the Alaska Native
Veterans Land Allotment Equity Act, if the land originally selected--
``(1) was selected before the date of enactment of the
Alaska Native Veterans Land Allotment Equity Act; and
``(2) as of the date of enactment of that Act, was not
conveyed to the person.''; and
(5) by striking subsection (f), as designated by paragraph
(3) and inserting:
``(f) Definitions.--For the purposes of this section:
``(1) The term `veteran' means a person who served in the
active military, naval, or air service, and who was discharged
or released therefrom.
``(2) The term `Vietnam era' has the meaning given the term
by paragraph (29) of section 101 of title 38.''.
SEC. 3. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of the Interior shall promulgate, after consultation with
Alaska Native organizations, final regulations to carry out the
amendments made by section 2. During the consultation process, the
Secretary shall, in coordination with Alaska Native organizations and
to the greatest extent possible, identify persons who are eligible to
receive an allotment under the amendments made by section 2. Upon
promulgation of the final regulations, the Secretary shall contact each
of these persons directly to provide an explanation of the process by
which the person may apply for an allotment under the amendments made
by section 2. | Alaska Native Veterans Land Allotment Equity Act This bill amends the Alaska Native Claims Settlement Act to revise provisions regarding land allotments for Alaska Native Vietnam veterans. Eligibility is expanded to include all Alaska Native veterans who served between August 5, 1964, and May 7, 1975. Allotments may be selected from vacant federal lands or lands that have been selected or conveyed to the state of Alaska or an Alaska Native corporation, if the state or corporation relinquishes or conveys the land to the United States for allotment. Land may not be selected from: (1) the right-of-way of the TransAlaska Pipeline; (2) the inner or outer corridor of that right-of-way; or (3) a unit of the National Park System, a National Preserve, or a National Monument. An heir of a deceased eligible veteran, regardless of the cause of death, may apply for and receive an allotment. Alaska Native Vietnam veterans who selected an allotment of land before enactment of this bill and who were not conveyed the allotment before the enactment of this bill may reselect land. | Alaska Native Veterans Land Allotment Equity Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Church Arson Prevention Act of
1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The incidence of arson or other destruction or vandalism of
places of religious worship, and the incidence of violent
interference with an individual's lawful exercise or attempted
exercise of the right of religious freedom at a place of religious
worship pose a serious national problem.
(2) The incidence of arson of places of religious worship has
recently increased, especially in the context of places of
religious worship that serve predominantly African-American
congregations.
(3) Changes in Federal law are necessary to deal properly with
this problem.
(4) Although local jurisdictions have attempted to respond to
the challenges posed by such acts of destruction or damage to
religious property, the problem is sufficiently serious,
widespread, and interstate in scope to warrant Federal intervention
to assist State and local jurisdictions.
(5) Congress has authority, pursuant to the Commerce Clause of
the Constitution, to make acts of destruction or damage to
religious property a violation of Federal law.
(6) Congress has authority, pursuant to section 2 of the 13th
amendment to the Constitution, to make actions of private citizens
motivated by race, color, or ethnicity that interfere with the
ability of citizens to hold or use religious property without fear
of attack, violations of Federal criminal law.
SEC. 3. PROHIBITION OF VIOLENT INTERFERENCE WITH RELIGIOUS WORSHIP.
Section 247 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (c) of this
section'' and inserting ``subsection (d)'';
(2) by redesignating subsections (c), (d), and (e), as
subsections (d), (e), and (f), respectively;
(3) by striking subsection (b) and inserting the following:
``(b) The circumstances referred to in subsection (a) are that the
offense is in or affects interstate or foreign commerce.
``(c) Whoever intentionally defaces, damages, or destroys any
religious real property because of the race, color, or ethnic
characteristics of any individual associated with that religious
property, or attempts to do so, shall be punished as provided in
subsection (d).'';
(4) in subsection (d), as redesignated--
(A) in paragraph (2)--
(i) by inserting ``to any person, including any public
safety officer performing duties as a direct or proximate
result of conduct prohibited by this section,'' after
``bodily injury''; and
(ii) by striking ``ten years'' and inserting ``20
years'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) if bodily injury results to any person, including any
public safety officer performing duties as a direct or proximate
result of conduct prohibited by this section, and the violation is
by means of fire or an explosive, a fine under this title or
imprisonment for not more that 40 years, or both;'';
(5) in subsection (f), as redesignated--
(A) by striking ``religious property'' and inserting
``religious real property'' both places it appears; and
(B) by inserting ``, including fixtures or religious
objects contained within a place of religious worship'' before
the period; and
(6) by adding at the end the following new subsection:
``(g) No person shall be prosecuted, tried, or punished for any
noncapital offense under this section unless the indictment is found or
the information is instituted not later than 7 years after the date on
which the offense was committed.''.
SEC. 4. LOAN GUARANTEE RECOVERY FUND.
(a) In General.--
(1) In general.--Using amounts described in paragraph (2), the
Secretary of Housing and Urban Development (referred to as the
``Secretary'') shall make guaranteed loans to financial
institutions in connection with loans made by such institutions to
assist organizations described in section 501(c)(3) of the Internal
Revenue Code of 1986 that have been damaged as a result of acts of
arson or terrorism in accordance with such procedures as the
Secretary shall establish by regulation.
(2) Use of credit subsidy.--Notwithstanding any other provision
of law, for the cost of loan guarantees under this section, the
Secretary may use not more than $5,000,000 of the amounts made
available for fiscal year 1996 for the credit subsidy provided
under the General Insurance Fund and the Special Risk Insurance
Fund.
(b) Treatment of Costs.--The costs of guaranteed loans under this
section, including the cost of modifying loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
(c) Limit on Loan Principal.--Funds made available under this
section shall be available to subsidize total loan principal, any part
of which is to be guaranteed, not to exceed $10,000,000.
(d) Terms and Conditions.--The Secretary shall--
(1) establish such terms and conditions as the Secretary
considers to be appropriate to provide loan guarantees under this
section, consistent with section 503 of the Credit Reform Act; and
(2) include in the terms and conditions a requirement that the
decision to provide a loan guarantee to a financial institution and
the amount of the guarantee does not in any way depend on the
purpose, function, or identity of the organization to which the
financial institution has made, or intends to make, a loan.
SEC. 5. COMPENSATION OF VICTIMS; REQUIREMENT OF INCLUSION IN LIST OF
CRIMES ELIGIBLE FOR COMPENSATION.
Section 1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C.
10602(d)(3)) is amended by inserting ``crimes, whose victims suffer
death or personal injury, that are described in section 247 of title
18, United States Code,'' after ``includes''.
SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND
LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the
Treasury and the Department of Justice, including the Community
Relations Service, in fiscal years 1996 and 1997 such sums as are
necessary to increase the number of personnel, investigators, and
technical support personnel to investigate, prevent, and respond to
potential violations of sections 247 and 844 of title 18, United States
Code.
SEC. 7. REAUTHORIZATION OF HATE CRIMES STATISTICS ACT.
The first section of the Hate Crimes Statistics Act (28 U.S.C. 534
note) is amended--
(1) in subsection (b), by striking ``for the calendar year 1990
and each of the succeeding 4 calendar years'' and inserting ``for
each calendar year''; and
(2) in subsection (c), by striking ``1994'' and inserting
``2002''.
SEC. 8. SENSE OF THE CONGRESS.
The Congress--
(1) commends those individuals and entities that have responded
with funds to assist in the rebuilding of places of worship that
have been victimized by arson; and
(2) encourages the private sector to continue these efforts so
that places of worship that are victimized by arson, and their
affected communities, can continue the rebuilding process with
maximum financial support from private individuals, businesses,
charitable organizations, and other non-profit entities.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Church Arson Prevention Act of 1996 - Makes Federal criminal code prohibitions against, and penalties for, damaging religious property or obstructing any person's free exercise of religious beliefs applicable where the offense is in, or affects, interstate commerce. (Currently such provisions apply only where: (1) the defendant, in committing the offense, travels in interstate or foreign commerce or uses a facility or instrumentality of interstate or foreign commerce in interstate or foreign commerce; and (2) the loss exceeds $10,000.)
Prohibits intentionally defacing, damaging, or destroying religious real property (or attempting to do so) because of the race, color, or ethnic characteristics of any individual associated with such property.
Increases penalties for violations of such provisions where bodily injury to any person, including a public safety officer, results or where such acts include the use, or attempted or threatened use, of a dangerous weapon, explosives, or fire.
Includes within the definition of "religious real property" fixtures or religious objects contained within a place of religious worship.
Sets a seven-year statute of limitations for the prosecution, trial, or punishment of a person for any noncapital offense under such provisions.
Directs the Secretary of Housing and Urban Development to make guaranteed loans to financial institutions in connection with loans made to assist certain tax exempt religious or other organizations that have been damaged by arson or terrorism. Authorizes the Secretary to use for such loan guarantees up to $5 million of the amounts made available for FY 1996 for the credit subsidy provided under the General Insurance Fund and the Special Risk Insurance Fund.
Amends the Victims of Crime Act of 1984 to include as "compensable crimes" under such Act crimes under this Act where victims suffer death or personal injury.
Authorizes appropriations to the Departments of the Treasury and Justice, including the Community Relations Service, to increase personnel to investigate, prevent, and respond to potential violations of this Act and Federal explosives prohibitions.
Reauthorizes the Hate Crimes Statistics Act.
Commends those individuals and entities that have responded with funds to assist in the rebuilding of places of worship that have been victimized by arson. Encourages the private sector to continue such efforts. | Church Arson Prevention Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``STEM Gateways Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to a 2013 Census Bureau study, women's
representation in STEM occupations has increased since the
1970s, but women remain significantly underrepresented in
engineering and computing occupations that make up more than 80
percent of all STEM employment. Women's representation in
computer occupations has declined since the 1990s. In 2011, 26
percent of STEM workers were women. According to the National
Action Council for Minorities in Engineering, Inc., the number
of engineering degrees awarded to African-American women has
steadily declined since the late 1990s.
(2) According to the Brookings Institution 2013 report,
``The Hidden STEM Economy'', half of all STEM jobs are
available to workers without a 4-year college degree, and these
jobs pay $53,000 per year on average. This sector of the STEM
economy offers job opportunities for many workers with
qualified certificates or associate degrees, drawing from high
schools, workforce training programs, career and technical
education schools, and community colleges. Despite these
opportunities, only \1/5\ of the $4,300,000,000 spent annually
by the Federal Government on STEM education and training goes
towards supporting training below the baccalaureate degree
level.
(3) According to a 2011 report by the Department of
Commerce, underrepresented minorities account for only 3 out of
10 professionals in STEM fields.
(4) STEM workers in all demographic groups earn more than
their non-STEM counterparts.
(5) According to the Afterschool Alliance 2014 report,
``America After 3pm'', children from African-American,
Hispanic, and Native American populations participate in
afterschool programs at higher rates than the national average
participation rate. Girls also participate in equal numbers to
boys in such programs. Afterschool learning thus represents an
intervention point to engage with populations currently
underrepresented in STEM fields and careers.
SEC. 3. GRANT PROGRAM AUTHORIZED.
(a) Program Authorized.--From the amounts appropriated to carry out
this section, the Secretary shall award grants to eligible entities, on
a competitive basis, to enable such eligible entities to carry out
programs described in subsection (d) to achieve, with respect to women
and girls, underrepresented minorities, and individuals from all
economic backgrounds (including economically disadvantaged individuals
and individuals living in economically distressed areas), 1 or more of
the following goals:
(1) Encourage interest in the STEM fields at the elementary
school or secondary school levels.
(2) Motivate engagement in STEM fields by providing
relevant hands-on learning opportunities at the elementary
school and secondary school levels.
(3) Support classroom success in STEM disciplines at the
elementary school or secondary school levels.
(4) Support workforce training and career preparation in
STEM fields at the secondary school level.
(5) Improve access to career and continuing education
opportunities in STEM fields at the secondary school level.
(b) Limitation.--The Secretary may award grants under this section
for not longer than a 5-year period.
(c) Application.--
(1) In general.--Each eligible entity that desires to
receive a grant under this section shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require.
(2) Contents.--An application submitted under paragraph (1)
shall contain--
(A) in the case of an eligible entity that plans to
use the grant funds at the elementary school level--
(i) a description of the programs the
eligible entity will carry out to achieve 1 or
more of the goals described in paragraphs (1)
through (3) of subsection (a) at the elementary
school level, including the content of the
programs and research and models used to design
the programs; and
(ii) a description of how the programs
described in clause (i) will support the
success of women and girls, underrepresented
minorities, and individuals from all economic
backgrounds (including economically
disadvantaged individuals and individuals
living in economically distressed areas) in
STEM education, such as--
(I) recruiting women and girls,
underrepresented minorities, and
individuals from all economic
backgrounds (including economically
disadvantaged individuals and
individuals living in economically
distressed areas) to participate in the
programs;
(II) supporting educators who will
lead the programs, and participants in
the programs;
(III) encouraging partnerships
between in-school and out-of-school
educators, such as afterschool
providers, science centers, and
museums;
(IV) identifying public and private
partners that are able to support the
programs; and
(V) planning for sustaining the
programs financially beyond the grant
period; and
(B) in the case of an eligible entity that plans to
use the grant funds at the secondary school level--
(i) a description of the programs the
eligible entity will carry out to achieve 1 or
more of the goals described in paragraphs (1)
through (5) of subsection (a) at the secondary
school level, including the content of the
programs and research and models used to design
the programs;
(ii) a description of how the programs
described in clause (i) will support the
success of women and girls, underrepresented
minorities, and individuals from all economic
backgrounds (including economically
disadvantaged individuals and individuals
living in economically distressed areas) in
STEM education and workforce training that
prepares such individuals to take advantage of
employment opportunities in STEM fields, such
as--
(I) recruiting women and girls,
underrepresented minorities, and
individuals from all economic
backgrounds (including economically
disadvantaged individuals and
individuals living in economically
distressed areas) to participate in the
programs;
(II) supporting educators who will
lead such programs, and participants in
the programs;
(III) identifying public and
private partners that are able to
support the programs;
(IV) partnering with institutions
of higher education or institutions
providing informal science education,
such as afterschool programs and
science centers and museums;
(V) partnering with institutions of
higher education; and
(VI) planning for sustaining the
programs financially beyond the grant
period;
(iii) a review of the industry and business
workforce needs, including the demand for
workers with knowledge or training in a STEM
field; and
(iv) an analysis of job openings that
require knowledge or training in a STEM field.
(d) Use of Funds.--
(1) Required use of funds.--An eligible entity that
receives a grant under this section shall use such grant funds
to carry out programs to achieve 1 or more of the goals
described in subsection (a) at the elementary school or
secondary school levels, with respect to women and girls,
underrepresented minorities, and students from all economic
backgrounds (including economically disadvantaged individuals
and students living in economically distressed areas).
(2) Authorized use of funds.--The programs described in
paragraph (1) may include any of the following activities, with
respect to the individuals described in paragraph (1):
(A) Carrying out the activities described in
subparagraph (A)(ii) or (B)(ii) of subsection (c)(2),
as appropriate.
(B) Providing professional development for
teachers, afterschool providers, and other school
personnel in elementary schools or secondary schools,
including professional development to encourage,
through academic instruction and support, such
individuals to pursue advanced classes and careers in
STEM fields.
(C) Providing tutoring and mentoring programs in
STEM fields.
(D) Establishing partnerships with institutions of
higher education, potential employers, and other
industry stakeholders that expose such individuals to
professionals in STEM fields, or providing
opportunities for postsecondary academic credits or
credentials.
(E) Providing after-school activities and other
informal learning opportunities designed to encourage
interest and develop skills in STEM fields.
(F) Providing summer programs to extend learning
time and to deepen the skills and interest in STEM
fields of such individuals.
(G) Purchasing and utilizing--
(i) educational or instructional materials
that are designed to improve educational
outcomes in STEM fields, and will serve to
deepen the skills and interest in STEM fields
of such individuals; or
(ii) equipment, instrumentation, or
hardware used to teach and encourage interest
in STEM fields.
(H) Internships or opportunities for experiential
learning in STEM fields.
(e) Report.--
(1) Eligible entities.--Each eligible entity receiving a
grant under this Act shall, on an annual basis, submit a report
to the Secretary on the use of funds and the number of students
who participated in the programs carried out with the grant
funds.
(2) Secretary.--The Secretary shall, on an annual basis,
and using the reports received under paragraph (1), report to
Congress on the overall impact and effectiveness of the grant
program under this Act.
SEC. 4. DEFINITIONS.
In this Act:
(1) ESEA definitions.--The terms ``educational service
agency'', ``elementary school'', ``local educational agency'',
``institution of higher education'', ``secondary school'',
``Secretary'', and ``State'' have the meanings given the terms
in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
(2) Community college.--The term ``community college'' has
the meaning given the term ``junior or community college'' in
section 312 of the Higher Education Act of 1965 (20 U.S.C.
1058).
(3) Economically disadvantaged individual.--The term
``economically disadvantaged individual'' has the meaning given
the term in section 400.4 of title 34, Code of Federal
Regulations, as such section is in effect on the date of
enactment of this Act.
(4) Economically distressed area.--The term ``economically
distressed area'' means a county or equivalent division of
local government of a State in which, according to the most
recently available data from the Bureau of the Census, 40
percent or more of the residents have an annual income that is
at or below the poverty level.
(5) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency;
(B) an educational service agency serving more than
1 local educational agency;
(C) a consortium of local educational agencies;
(D) a nonprofit organization that--
(i) works with elementary schools,
secondary schools, or institutions of higher
education; and
(ii) has demonstrated a commitment to
achieving the goals described in paragraphs (1)
through (4) of section 3(a); or
(E) a community college working in partnership with
secondary schools to create opportunities for dual
enrollment, credit transfer, or accelerated
postsecondary credentialing.
(6) Partners.--The term ``partners'' means organizations
that employ workers in STEM-related careers or organizations
with demonstrated expertise in identifying, scaling, and
implementing successful practices in STEM education and
workforce development.
(7) STEM.--The term ``STEM'' means--
(A) science, technology, engineering, and
mathematics; and
(B) other academic subjects that build on the
subjects described in subparagraph (A), such as
computer science.
(8) Underrepresented minority.--The term ``underrepresented
minority'' has the meaning given the term ``minority'' in
section 637.4(b) of title 34, Code of Federal Regulations, as
such section is in effect on the date of enactment of this Act. | STEM Gateways Act This bill directs the Department of Education to award competitive grants for science, technology, engineering, and mathematics (STEM) elementary and secondary school programs that: encourage interest in the STEM fields; motivate engagement in the STEM fields by providing relevant hands-on learning opportunities; support classroom success in the STEM disciplines; support STEM workforce training and career preparation for secondary school students; or improve the access of secondary school students to STEM career and continuing education opportunities. | STEM Gateways Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Time Flexibility Act''.
SEC. 2. COMPENSATORY TIME.
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207)
is amended by adding at the end the following:
``(r) Compensatory Time Off for Private Employees.--
``(1) General rule.--
``(A) Compensatory time off.--An employee may
receive, in accordance with this subsection and in lieu
of monetary overtime compensation, compensatory time
off at a rate not less than one and one-half hours for
each hour of employment for which overtime compensation
is required by this section.
``(B) Definition.--For purposes of this subsection,
the term `employee' does not include an employee of a
public agency.
``(2) Conditions.--An employer may provide compensatory
time to employees under paragraph (1)(A) only if such time is
provided in accordance with--
``(A) applicable provisions of a collective
bargaining agreement between the employer and the labor
organization which has been certified or recognized as
the representative of the employees under applicable
law; or
``(B) in the case of employees who are not
represented by a labor organization which has been
certified or recognized as the representative of such
employees under applicable law, an agreement arrived at
between the employer and employee before the
performance of the work and affirmed by a written or
otherwise verifiable record maintained in accordance
with section 11(c)--
``(i) in which the employer has offered and
the employee has chosen to receive compensatory
time in lieu of monetary overtime compensation;
and
``(ii) entered into knowingly and
voluntarily by such employees and not as a
condition of employment.
No employee may receive or agree to receive compensatory time
off under this subsection unless the employee has worked at
least 1000 hours for the employee's employer during a period of
continuous employment with the employer in the 12-month period
before the date of agreement or receipt of compensatory time
off.
``(3) Hour limit.--
``(A) Maximum hours.--An employee may accrue not
more than 160 hours of compensatory time.
``(B) Compensation date.--Not later than January 31
of each calendar year, the employee's employer shall
provide monetary compensation for any unused
compensatory time off accrued during the preceding
calendar year which was not used prior to December 31
of the preceding year at the rate prescribed by
paragraph (6). An employer may designate and
communicate to the employer's employees a 12-month
period other than the calendar year, in which case such
compensation shall be provided not later than 31 days
after the end of such 12-month period.
``(C) Excess of 80 hours.--The employer may provide
monetary compensation for an employee's unused
compensatory time in excess of 80 hours at any time
after giving the employee at least 30 days notice. Such
compensation shall be provided at the rate prescribed
by paragraph (6).
``(D) Policy.--Except where a collective bargaining
agreement provides otherwise, an employer which has
adopted a policy offering compensatory time to employees may
discontinue such policy upon giving employees 30 days notice.
``(E) Written request.--An employee may withdraw an
agreement described in paragraph (2)(B) at any time. An
employee may also request in writing that monetary
compensation be provided, at any time, for all
compensatory time accrued which has not yet been used.
Within 30 days of receiving the written request, the
employer shall provide the employee the monetary
compensation due in accordance with paragraph (6).
``(4) Private employer actions.--An employer which provides
compensatory time under paragraph (1) to employees shall not
directly or indirectly intimidate, threaten, or coerce or
attempt to intimidate, threaten, or coerce any employee for the
purpose of--
``(A) interfering with such employee's rights under
this subsection to request or not request compensatory
time off in lieu of payment of monetary overtime
compensation for overtime hours; or
``(B) requiring any employee to use such
compensatory time.
``(5) Termination of employment.--An employee who has
accrued compensatory time off authorized to be provided under
paragraph (1) shall, upon the voluntary or involuntary
termination of employment, be paid for the unused compensatory
time in accordance with paragraph (6).
``(6) Rate of compensation.--
``(A) General rule.--If compensation is to be paid
to an employee for accrued compensatory time off, such
compensation shall be paid at a rate of compensation
not less than--
``(i) the regular rate received by such
employee when the compensatory time was earned;
or
``(ii) the final regular rate received by
such employee,
whichever is higher.
``(B) Consideration of payment.--Any payment owed
to an employee under this subsection for unused
compensatory time shall be considered unpaid overtime
compensation.
``(7) Use of time.--An employee--
``(A) who has accrued compensatory time off
authorized to be provided under paragraph (1); and
``(B) who has requested the use of such
compensatory time,
shall be permitted by the employee's employer to use such time
within a reasonable period after making the request if the use
of the compensatory time does not unduly disrupt the operations
of the employer.
``(8) Definitions.--The terms `overtime compensation' and
`compensatory time' shall have the meanings given such terms by
subsection (o)(7).''.
SEC. 3. REMEDIES.
Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216)
is amended--
(1) in subsection (b), by striking ``(b) Any employer'' and
inserting ``(b) Except as provided in subsection (f), any
employer''; and
(2) by adding at the end the following:
``(f) An employer which violates section 7(r)(4) shall be liable to
the employee affected in the amount of the rate of compensation
(determined in accordance with section 7(r)(6)(A)) for each hour of
compensatory time accrued by the employee and in an additional equal
amount as liquidated damages reduced by the amount of such rate of
compensation for each hour of compensatory time used by such
employee.''.
SEC. 4. NOTICE TO EMPLOYEES.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Labor shall revise the materials the Secretary
provides, under regulations published at 29 CFR 516.4, to employers for
purposes of a notice explaining the Fair Labor Standards Act of 1938 to
employees so that such notice reflects the amendments made to such Act
by this Act.
SEC. 5. SUNSET.
This Act and the amendments made by this Act shall expire 5 years
after the date of the enactment of this Act. | (This measure has not been amended since it was introduced in the House on March 6, 2003. The summary has been expanded because action occurred on the measure.)Family Time Flexibility Act - Amends the Fair Labor Standards Act of 1938 (FLRA) to provide an optional program of compensatory time-off (comp-time) in lieu of overtime payments for employees (except employees of public agencies).(Sec. 2) Allows an employer to offer, and an employee to receive, in lieu of monetary overtime compensation, comp-time at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act.Requires, with respect to such comp-time, that employee participation be voluntary, and that collective bargaining agreements be honored.Requires that the employee have worked at least 1,000 hours during a period of continuous employment with the employer in the 12-month period before the date of agreement or receipt of comp-time.Limits the amount of such comp-time that can be accrued by the employee to not more than 160 hours.Requires the employer to provide monetary compensation for any unused comp-time accrued during the preceding calendar year or other designated 12-month accounting period.Permits employers, upon giving 30-days' notice, to provide monetary compensation for an employee's unused comp-time in excess of 80 hours.Permits employers, upon giving 30-days' notice to their employees, to cancel the comp-time option policy for their employees, unless a collective bargaining agreement prevents this.Allows employees to withdraw from the comp-time option program at any time and upon giving notice. Allows employees, at any time, to request in writing that monetary compensation be provided in place of their comp-time balance. Requires employers to provide such monetary compensation within 30 days of receiving such request.Prohibits employers who provide such comp-time option from intimidating any employee to request or not request such option or to require any employee to use such comp-time.Requires that employees, upon voluntary or involuntary termination of employment, be paid for the unused comp-time if they accrued it under such option programs.Sets the rate of monetary compensation for accrued comp-time under this Act at not less than the employee's regular rate when the comp-time was earned or the employee's final regular rate.Requires the employer to permit use of comp-time accrued under such an option program within a reasonable time after the employee's request if such use does not unduly disrupt the employer's operations.(Sec. 3) Makes employers who violate this Act's prohibitions against intimidation liable to affected employees in the amount of monetary compensation (regular rate) for accrued comp-time, and an additional equal amount as liquidated damages (reduced by the amount of such compensation for each hour of comp-time used).(Sec. 4) Directs the Secretary of Labor to revise materials for employer notices to employees explaining FLRA to reflect amendments made by this Act.(Sec. 5) Terminates this Act five years after its enactment. | To amend the Fair Labor Standards Act of 1938 to provide compensatory time for employees in the private sector. |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``National
Collegiate Athletics Accountability Act'', or the ``NCAA Act''.
(b) Findings.--The Congress finds as follows:
(1) Nationwide, institutions of higher education receive
approximately $150,000,000,000 to $200,000,000,000 in funding
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) annually, including approximately $20,000,000,000
to $30,000,000,000 in Federal Pell Grants.
(2) In fiscal year 2014, institutions of higher education
are projected to receive approximately $140,000,000,000 in
Federal student aid under title IV of such Act, which accounts
for 77 percent of all funding received by these institutions
from the Federal Government.
(3) Funding under title IV of such Act is used to provide
grants, loans, and work-study funds from the Federal Government
to eligible students enrolled in institution of higher
education, including career schools.
(4) Many institutions of higher education participate in
voluntary, nonprofit athletic associations and athletic
conferences, with the largest such association having over
1,000 member institutions of higher education with more than
430,000 students participating in athletics, and providing
approximately $523,000,000 in revenue sharing to such members.
(5) Athletic programs at institutions of higher education
are some of the largest revenue generators for such
institutions nationwide, accounting for approximately
$6,100,000,000 in revenue from ticket sales, radio and
television receipts, alumni contributions, guarantees,
royalties, and association distributions.
(6) The Committee on Sports Medicine of the American
Academy of Pediatrics published a classification of sports
based on the likelihood of contact, impact, or injury, and
determined that--
(A) boxing, field hockey, football, ice hockey,
lacrosse, martial arts, rodeo, soccer, and wrestling
are contact/collision sports; and
(B) baseball, basketball, bicycling, diving, high
jump, pole vault, gymnastics, horseback riding, ice
skating, roller skating, cross-country skiing, downhill
skiing, water skiing, softball, squash, handball, and
volleyball are limited-contact/impact sports.
SEC. 2. PROGRAM PARTICIPATION AGREEMENTS.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by adding at the end the following:
``(30) In the case of an institution that has an
intercollegiate athletic program, the institution will not be a
member of a nonprofit athletic association unless such
association--
``(A) requires annual baseline concussion testing
of each student athlete on the active roster of each
team participating in a contact/collision sport or a
limited-contact/impact sport (based on the most recent
classification of sports published by the Committee on
Sports Medicine of the American Academy of Pediatrics)
before such student athlete may participate in any
contact drills or activities;
``(B) prior to enforcing any remedy for an alleged
infraction or violation of the policies of such
association--
``(i) provides institutions and student
athletes with the opportunity for a formal
administrative hearing, not less than one
appeal, and any other due process procedure the
Secretary determines by regulation to be
necessary; and
``(ii) hold in abeyance any such remedy
until all appeals have been exhausted or until
the deadline to appeal has passed, whichever is
sooner;
``(C) with respect to institutions attended by
students receiving athletically related student aid (as
defined in section 485(e)), requires any such
athletically related student aid provided to student
athletes who play a contact/collision sport (based on
the most recent classification of sports published by
the Committee on Sports Medicine of the American
Academy of Pediatrics) to be--
``(i) guaranteed for the duration of the
student athlete's attendance at the
institution, up to 4 years; and
``(ii) irrevocable for reasons related to
athletic skill or injury of the student
athlete; and
``(D) does not have in place a policy that
prohibits institutions from paying stipends to student
athletes.''.
SEC. 3. PRESIDENTIAL COMMISSION ON INTERCOLLEGIATE ATHLETICS.
(a) Establishment.--There is established a commission to be known
as the Presidential Commission on Intercollegiate Athletics.
(b) Duties.--
(1) Review.--The Commission shall review and analyze the
following issues related to intercollegiate athletics:
(A) The interaction of athletics and academics,
including--
(i) the extent to which existing athletic
practices allow student athletes to succeed as
both students and athletes;
(ii) how athletics affect the academic
mission, academic integrity, and credit
worthiness of institutions of higher education;
(iii) graduation rates of student athletes;
and
(iv) standards of academic eligibility for
participation in and terms of scholarships for
student athletes.
(B) The financing of intercollegiate athletics,
including--
(i) sources of revenue, including student
fees, media contracts, and licensing
agreements;
(ii) expenditures of revenue, including
compliance with title IX of the Education
Amendments of 1972, coaching salaries, and
facilities development;
(iii) the ability of institutions of higher
education to finance intercollegiate athletics;
(iv) the financial transparency of
intercollegiate athletics;
(v) the criteria for receipt of financial
disbursements or rewards from athletic
membership associations;
(vi) rules related to earnings and benefits
by student athletes, including the possibility
of commercial compensation for the use of the
names, images, and likenesses of student
athletes and whether a student athlete may
retain a personal representative to negotiate
on behalf of the student athlete;
(vii) tax regulations related to revenue
from intercollegiate athletics; and
(viii) Federal judicial decisions that
affect compensation for student athletes or the
right of student athletes to organize as a
collective bargaining unit.
(C) Recruitment and retention of student athletes,
including rules related to--
(i) professional sports participation;
(ii) transfer of student athletes to other
institutions; and
(iii) recruitment and representations made
to potential student athletes.
(D) Oversight and governance practices.
(E) Health and safety protections for student
athletes.
(F) Due process and equal enforcement related to
rules and regulations for student athletes.
(G) Any other issues the Commission considers
relevant to understanding the state of intercollegiate
athletics.
(2) Recommendations.--The Commission shall develop
recommendations regarding the issues identified in paragraph
(1) based on the review and analysis of the issues under such
paragraph.
(c) Membership.--
(1) In general.--The Commission shall be composed of 17
members appointed as follows:
(A) Five members appointed by the President, in
consultation with the Secretary of Education and the
Attorney General.
(B) Three members appointed by the Speaker of the
House of Representatives, including--
(i) one Member of the House of
Representatives; and
(ii) two individuals who are not Members of
Congress.
(C) Three members appointed by the minority leader
of the House of Representatives, including--
(i) one Member of the House of
Representatives; and
(ii) two individuals who are not Members of
Congress.
(D) Three members appointed by the majority leader
of the Senate, including--
(i) one Member of the Senate; and
(ii) two individuals who are not Members of
Congress.
(E) Three members appointed by the minority leader
of the Senate, including--
(i) one Member of the Senate; and
(ii) two individuals who are not Members of
Congress.
(2) Qualifications.--Appointments shall be made from
individuals who are specially qualified to serve on the
Commission by virtue of their education, training, or
experience.
(3) Vacancy.--Any vacancy on the Commission shall not
affect the powers of the Commission, but shall be filled in the
manner in which the original appointment was made.
(4) Chair.--The Chair of the Commission shall be elected by
the members.
(5) Reimbursement; service without pay.--Members of the
Commission shall serve without pay, except members of the
Commission shall be entitled to reimbursement for travel,
subsistence, and other necessary expenses incurred by them in
carrying out the functions of the Commission, in the same
manner as persons employed intermittently by the Federal
Government are allowed expenses under section 5703 of title 5,
United States Code.
(d) Staff.--The Commission may appoint and fix the compensation of
a staff director and such other personnel as may be necessary to enable
the Commission to carry out its functions, without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no rate of
pay fixed under this paragraph may exceed the equivalent of that
payable for a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(e) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chair or of a majority of its members.
(2) First meeting.--The first such meeting shall occur not
later than 90 days after the date of the enactment of this Act.
(f) Powers.--
(1) In general.--The Commission may, for the purpose of
carrying out this section, hold hearings, sit and act at times
and places, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Delegation.--Any member or agent of the Commission may,
if authorized by the Commission, take any action which the
Commission is authorized to take by this subsection.
(3) Access to information.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this section.
Upon request of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(4) Use of 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.
(5) Administrative support.--The Administrator of General
Services shall provide to the Commission on a reimbursable
basis such administrative support services as the Commission
may request that are necessary for the Commission to carry out
its responsibilities under this section.
(g) Report.--Not later than the date that is 1 year after the date
of the first meeting of the Commission, the Commission shall submit to
the President and the Congress a written report of its findings and
recommendations based on the review and analysis required by subsection
(b).
(h) Termination.--The Commission shall terminate on the date that
is 30 days after the date on which the Commission submits the report
required by subsection (g).
(i) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the
Presidential Commission on Intercollegiate Athletics
established by subsection (a).
(2) Institution of higher education.--The term
``institution of higher education'' means any institution
that--
(A) meets the definition in section 102(a)(1) of
the Higher Education Act of 1965 (20 U.S.C.
1002(a)(1)); and
(B) has student athletes who are eligible for
Federal student loans. | National Collegiate Athletics Accountability Act or the NCAA Act This bill amends title IV of the Higher Education Act of 1965 to require program participation agreements to prohibit an institution with an intercollegiate athletic program from membership in a nonprofit athletic association unless the association: requires annual baseline concussion testing prior to a student athlete's participation in contact sports; requires certain due process procedures for students and institutions prior to enforcing a remedy for any infraction; requires athletically related student aid to be guaranteed for the duration of the student's attendance, up to four years, and irrevocable due to skill or injury; and permits member institutions to pay stipends to student athletes. The legislation also establishes the Presidential Commission on Intercollegiate Athletics to review, analyze, and report to the President and Congress on certain issues related to intercollegiate athletics, including the interaction of athletics and academics, the financing of intercollegiate athletics, the recruitment and retention of student athletes, oversight and governance practices, health and safety protections for student athletes, and due process and equal enforcement of student athlete rules and regulations. | NCAA Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Art and Collectibles Capital Gains
Tax Treatment Parity Act''.
SEC. 2. CAPITAL GAINS TREATMENT FOR ART AND COLLECTIBLES.
(a) In General.--Section 1(h) of the Internal Revenue Code of 1986
(relating to maximum capital gains rate) is amended by striking
paragraphs (4) and (5) and inserting the following new paragraphs:
``(4) 28-percent rate gain.--For purposes of this
subsection, the term `28-percent rate gain' means the excess
(if any) of--
``(A) section 1202 gain, over
``(B) the sum of--
``(i) the net short-term capital loss, and
``(ii) the amount of long-term capital loss
carried under section 1212(b)(1)(B) to the
taxable year.
``(5) Reserved.--.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 3. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE
TAXPAYER.
(a) In General.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986 (relating to certain contributions of ordinary
income and capital gain property) is amended by adding at the end the
following new paragraph:
``(7) Special rule for certain contributions of literary,
musical, artistic, or scholarly compositions.--
``(A) In general.--In the case of a qualified
artistic charitable contribution--
``(i) the amount of such contribution taken
into account under this section shall be the
fair market value of the property contributed
(determined at the time of such contribution),
and
``(ii) no reduction in the amount of such
contribution shall be made under paragraph (1).
``(B) Qualified artistic charitable contribution.--
For purposes of this paragraph, the term `qualified
artistic charitable contribution' means a charitable
contribution of any literary, musical, artistic, or
scholarly composition, or similar property, or the
copyright thereon (or both), but only if--
``(i) such property was created by the
personal efforts of the taxpayer making such
contribution no less than 18 months prior to
such contribution,
``(ii) the taxpayer--
``(I) has received a qualified
appraisal of the fair market value of
such property in accordance with the
regulations under this section, and
``(II) attaches to the taxpayer's
income tax return for the taxable year
in which such contribution was made a
copy of such appraisal,
``(iii) the donee is an organization
described in subsection (b)(1)(A),
``(iv) the use of such property by the
donee is related to the purpose or function
constituting the basis for the donee's
exemption under section 501 (or, in the case of
a governmental unit, to any purpose or function
described under section 501(c)),
``(v) the taxpayer receives from the donee
a written statement representing that the
donee's use of the property will be in
accordance with the provisions of clause (iv),
and
``(vi) the written appraisal referred to in
clause (ii) includes evidence of the extent (if
any) to which property created by the personal
efforts of the taxpayer and of the same type as
the donated property is or has been--
``(I) owned, maintained, and
displayed by organizations described in
subsection (b)(1)(A), and
``(II) sold to or exchanged by
persons other than the taxpayer, donee,
or any related person (as defined in
section 465(b)(3)(C)).
``(C) Maximum dollar limitation; no carryover of
increased deduction.--The increase in the deduction
under this section by reason of this paragraph for any
taxable year--
``(i) shall not exceed the artistic
adjusted gross income of the taxpayer for such
taxable year, and
``(ii) shall not be taken into account in
determining the amount which may be carried
from such taxable year under subsection (d).
``(D) Artistic adjusted gross income.--For purposes
of this paragraph, the term `artistic adjusted gross
income' means that portion of the adjusted gross income
of the taxpayer for the taxable year attributable to--
``(i) income from the sale or use of
property created by the personal efforts of the
taxpayer which is of the same type as the
donated property, and
``(ii) income from teaching, lecturing,
performing, or similar activity with respect to
property described in clause (i).
``(E) Paragraph not to apply to certain
contributions.--Subparagraph (A) shall not apply to any
charitable contribution of any letter, memorandum, or
similar property which was written, prepared, or
produced by or for an individual while the individual
is an officer or employee of any person (including any
government agency or instrumentality) unless such
letter, memorandum, or similar property is entirely
personal.
``(F) Copyright treated as separate property for
partial interest rule.--In the case of a qualified
artistic charitable contribution, the tangible
literary, musical, artistic, or scholarly composition,
or similar property and the copyright on such work
shall be treated as separate properties for purposes of
this paragraph and subsection (f)(3).''.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made after the date of the enactment of this Act in
taxable years ending after such date. | Art and Collectibles Capital Gains Tax Treatment Parity Act - Amends the Internal Revenue Code to provide art and collectibles with the same capital gain rates as other assets held long-term.Establishes a (limited) fair market value deduction for qualifying literary, musical, artistic, or scholarly charitable contributions created and donated by the taxpayer. | A bill to amend the Internal Revenue Code of 1986 to provide the same capital gains treatment for art and collectibles as for other investment property and to provide that a deduction equal to fair market value shall be allowed for charitable contributions of literary, musical, artistic, or scholarly compositions created by the donor. |
.--Whenever the
administering authority makes a final determination under section
771(18)(C)(i)(I) of the Tariff Act of 1930 (19 U.S.C.
1677(18)(C)(i)(I)) to revoke the determination that a foreign country
is a nonmarket economy country--
(1) the President shall notify the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives of that determination not later than 10 days
after the publication of the administering authority's final
determination in the Federal Register;
(2) the President shall transmit to the Congress a request
that a joint resolution be introduced pursuant to this section;
and
(3) a joint resolution shall be introduced in the Congress
pursuant to this section.
(c) Definition.--For purposes of this section, the term ``joint
resolution'' means only a joint resolution of the 2 Houses of the
Congress, the matter after the resolving clause of which is as follows:
``That the Congress approves the change of nonmarket economy status
with respect to the products of _____ transmitted by the President to
the Congress on _____.'', the first blank space being filled in with
the name of the country with respect to which a determination has been
made under section 771(18)(C)(i) of the Tariff Act of 1930 (19 U.S.C.
1677(18)(C)(i)), and the second blank space being filled with the date
on which the President notified the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of Representatives
under subsection (b)(1).
(d) Introduction.--A joint resolution shall be introduced (by
request) in the House of Representatives by the majority leader of the
House, for himself, or by Members of the House designated by the
majority leader of the House, and shall be introduced (by request) in
the Senate by the majority leader of the Senate, for himself, or by
Members of the Senate designated by the majority leader of the Senate.
(e) Amendments Prohibited.--No amendment to a joint resolution
shall be in order in either the House of Representatives or the Senate,
and no motion to suspend the application of this subsection shall be in
order in either House, nor shall it be in order in either House for the
presiding officer to entertain a request to suspend the application of
this subsection by unanimous consent.
(f) Period for Committee and Floor Consideration.--
(1) In general.--If the committee or committees of either
House to which a joint resolution has been referred have not
reported the joint resolution at the close of the 45th day
after its introduction, such committee or committees shall be
automatically discharged from further consideration of the
joint resolution and it shall be placed on the appropriate
calendar. A vote on final passage of the joint resolution shall
be taken in each House on or before the close of the 15th day
after the joint resolution is reported by the committee or
committees of that House to which it was referred, or after
such committee or committees have been discharged from further
consideration of the joint resolution. If, prior to the passage
by one House of a joint resolution of that House, that House
receives the same joint resolution from the other House, then--
(A) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House, but
(B) the vote on final passage shall be on the joint
resolution of the other House.
(2) Computation of days.--For purposes of paragraph (1), in
computing a number of days in either House, there shall be
excluded any day on which that House is not in session.
(g) Floor Consideration in the House.--
(1) Motion privileged.--A motion in the House of
Representatives to proceed to the consideration of a joint
resolution shall be highly privileged and not debatable. An
amendment to the motion shall not be in order, nor shall it be
in order to move to reconsider the vote by which the motion is
agreed to or disagreed to.
(2) Debate limited.--Debate in the House of Representatives
on a joint resolution shall be limited to not more than 20
hours, which shall be divided equally between those favoring
and those opposing the joint resolution. A motion further to
limit debate shall not be debatable. It shall not be in order
to move to recommit a joint resolution or to move to reconsider
the vote by which a joint resolution is agreed to or disagreed
to.
(3) Motions to postpone.--Motions to postpone, made in the
House of Representatives with respect to the consideration of a
joint resolution, and motions to proceed to the consideration
of other business, shall be decided without debate.
(4) Appeals.--All appeals from the decisions of the Chair
relating to the application of the Rules of the House of
Representatives to the procedure relating to a joint resolution
shall be decided without debate.
(5) Other rules.--Except to the extent specifically
provided in the preceding provisions of this subsection,
consideration of a joint resolution shall be governed by the
Rules of the House of Representatives applicable to other bills
and resolutions in similar circumstances.
(h) Floor Consideration in the Senate.--
(1) Motion privileged.--A motion in the Senate to proceed
to the consideration of a joint resolution shall be privileged
and not debatable. An amendment to the motion shall not be in
order, nor shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
(2) Debate limited.--Debate in the Senate on a joint
resolution, and all debatable motions and appeals in connection
therewith, shall be limited to not more than 20 hours. The time
shall be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
(3) Control of debate.--Debate in the Senate on any
debatable motion or appeal in connection with a joint
resolution shall be limited to not more than 1 hour, to be
equally divided between, and controlled by, the mover and the
manager of the joint resolution, except that in the event the
manager of the joint resolution is in favor of any such motion
or appeal, the time in opposition thereto shall be controlled
by the minority leader or his designee. Such leaders, or either
of them, may, from time under their control on the passage of a
joint resolution, allot additional time to any Senator during
the consideration of any debatable motion or appeal.
(4) Other motions.--A motion in the Senate to further limit
debate is not debatable. A motion to recommit a joint
resolution is not in order.
(i) Rules of House of Representatives and Senate.--Subsections (c)
through (h) are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such
subsections (c) through (h) are 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 joint
resolutions described in subsection (c), and subsections (c)
through (h) supersede other rules only to the extent that they
are inconsistent therewith; 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. 4. STUDY AND REPORT ON SUBSIDIES BY PEOPLE'S REPUBLIC OF CHINA.
(a) Study.--The United States International Trade Commission shall
conduct a study, under section 332 of the Tariff Act of 1930 (19 U.S.C.
1332), regarding how the People's Republic of China uses government
intervention to promote investment, employment, and exports. The study
shall comprehensively catalog, and when possible quantify, the
practices and policies that central, provincial, and local government
bodies in the People's Republic of China use to support and to attempt
to influence decisionmaking in China's manufacturing enterprises and
industries. Chapters of this study shall include, but not be limited
to, the following:
(1) Privatization and private ownership.
(2) Nonperforming loans.
(3) Price coordination.
(4) Selection of industries for targeted assistance.
(5) Banking and finance.
(6) Utility rates.
(7) Infrastructure development.
(8) Taxation.
(9) Restraints on imports and exports.
(10) Research and development.
(11) Worker training and retraining.
(12) Rationalization and closure of uneconomic enterprises.
(b) Report.--The Congress requests that--
(1) not later than 9 months after the date of the enactment
of this Act, the International Trade Commission complete its
study under subsection (a), submit a report on the study to the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate, and make the report
available to the public; and
(2) not later than 1 year after the report under paragraph
(1) is submitted, and annually thereafter through 2017, the
International Trade Commission prepare and submit to the
committees referred to in paragraph (1) an update of the report
and make the update of the report available to the public. | Nonmarket Economy Trade Remedy Act of 2007 - Amends the Tariff Act of 1930 to apply countervailing duties to nonmarket economies.
Authorizes the use of alternative methodologies in determining whether a subsidy is countervailable with respect to the People's Republic of China (PRC).
Requires congressional approval for revocation of nonmarket economy country determinations made by the administering authority.
Requires a United States International Trade Commission study of how the PRC uses government intervention to promote investment, employment, and exports. | To amend title VII of the Tariff Act of 1930 to provide that the provisions relating to countervailing duties apply to nonmarket economy countries, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Year 2000 Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Electronic data exchanges are used extensively to
transfer information between computer systems. Federal agencies
now depend on electronic data exchanges to execute programs and
facilitate commerce. Consequently, as computer systems are
converted to process Year 2000 dates, the associated data
exchanges must also be made Year 2000 compliant.
(2) The testing and implementation of new data exchanges
must be closely coordinated with exchange partners to be
completed effectively. If Year 2000 data exchanges do not
function properly, data will not be exchanged between systems,
or invalid data could cause receiving computer systems to
malfunction or produce inaccurate computations.
(3) The United States 381,000 small manufacturers
contribute more than half of the country's total value in
manufacturing. However, as of 1997, 88 percent of all companies
with fewer than 2,000 employees had not yet started Year 2000
remediation projects.
(4) As small manufacturers are an integral part of the
business supply chain, it is imperative that their computer
systems are Year 2000 compliant to prevent disruption to the
country's manufacturing base.
(5) The economic well being of the United States is
interdependent with the economic well being of other nations of
the world. There is very little information on the level of
Year 2000 preparedness by other countries and the potential
impact on the United States economy. Therefore, to prevent
economic disruption in the United States, the Year 2000
computer problem must be addressed on a global scale.
(6) Consumer awareness of the potential and extent of
failure of computer hardware, software, and embedded microchips
found in many consumer products resulting from the Year 2000
problem is small.
(7) Currently, there is no information to guide consumers
in the purchase of Year 2000 compliant consumer goods or to
ensure that their existing goods are Year 2000 complaint.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``end-to-end testing'' means testing data
exchange software with respect to--
(A) the initiation of the exchange by sending
computers;
(B) transmission through intermediate
communications software and hardware; and
(C) receipt and acceptance by receiving computers;
(2) the term ``small and medium-sized businesses'' means
businesses with less than 500 employees;
(3) the term ``Year 2000 compliant'' means, with respect to
information technology, that the information technology
accurately processes (including calculating, comparing, and
sequencing) date and time data from, into, and between the 20th
and 21st centuries and the years 1999 and 2000, and leap year
calculations, to the extent that other information technology
properly exchanges date and time data with it; and
(4) the term ``Year 2000 computer problem'' means the
potential problems that might be encountered in any level of
computer hardware and software from microcode to application
programs, files, and databases that need to correctly interpret
year date data represented in 2-digit-year format.
SEC. 4. FEDERAL AGENCY ACTIONS.
To ensure that all computer operations and processing can be
provided without interruption by Federal agencies after December 31,
1999, the head of each Federal agency shall--
(1) take actions necessary to ensure that all systems and
hardware administered by the agency are Year 2000 compliant, to
the extent necessary to ensure that no significant disruption
of the operations of the agency or of the agency's data
exchange partners occurs, including--
(A) establishing, before March 1, 1999, schedules
for testing and implementing new data exchange formats
for completing all data exchange corrections, which may
include national test days for end-to-end testing of
critical processes and associated data exchanges
affecting Federal, State, and local governments;
(B) notifying data exchange partners of the
implications to the agency and the exchange partners if
they do not make appropriate date conversion
corrections in time to meet the Federal schedule for
implementing and testing Year 2000 compliant data
exchange processes;
(C) giving priority to installing filters necessary
to prevent the corruption of mission-critical systems
from data exchanges with noncompliant systems; and
(D) developing and implementing, as part of the
agency's continuity and contingency planning efforts,
specific provisions for data exchanges that may fail,
including strategies to mitigate operational
disruptions if data exchange partners do not make
timely date conversion corrections;
(2) beginning not later than 30 days after the date of the
enactment of this Act, convene meetings at least quarterly with
representatives of the agency's data exchange partners to
assess implementation progress; and
(3) after each meeting convened pursuant to paragraph (2),
transmit to the Congress a report summarizing--
(A) the results of that meeting; and
(B) the status of the agency's completion of key
data exchange corrections, including the extent of data
exchange inventoried, an assessment of data exchange
formats agreed to with data exchange partners, testing
and implementation schedules, and testing and
implementation completed.
SEC. 5. ASSISTANCE FOR SMALL AND MEDIUM-SIZED BUSINESSES.
To ensure that the Nation's small and medium-sized businesses are
prepared to meet the Year 2000 computer problem challenge, the National
Institute of Standards and Technology, in conjunction with the Small
Business Administration, shall develop a Year 2000 compliance outreach
program to assist small and medium-sized businesses. Such program shall
include--
(1) the development of a Year 2000 self-assessment
checklist;
(2) an explanation of the Year 2000 computer problem and an
identification of best practices for resolving the problem;
(3) a list of Federal Government Year 2000 information
resources; and
(4) a list of Year 2000 compliant products provided by the
General Services Administration.
SEC. 6. INTERNATIONAL ASSESSMENT.
Within 6 months after the date of the enactment of this Act, the
Under Secretary of Commerce for Technology, in conjunction with other
relevant Federal agencies, shall transmit to the Congress a report
assessing the international implications of the Year 2000 computer
problem. Such report shall include--
(1) an assessment of Year 2000 compliance by the United
States major trading partners;
(2) a description of efforts by the United States to share
best practices with other countries;
(3) the economic implications on world trade and the United
States economy of the Year 2000 computer problem, including an
identification of impacted United States industrial sectors and
Federal agencies; and
(4) a summary of participation by Federal agencies in
international fora addressing the Year 2000 computer problem.
SEC. 7. CONSUMER AWARENESS.
To ensure that the Nation's consumers are aware of and prepared to
meet the Year 2000 computer problem challenge, the Under Secretary of
Commerce for Technology shall develop a Year 2000 consumer awareness
program to assist the public in becoming aware of the implications of
the Year 2000 computer problem. Such program shall include--
(1) the development of a Year 2000 self-assessment
checklist;
(2) a list of Federal Government Year 2000 computer problem
information resources;
(3) a list of Year 2000 compliant products provided by the
General Services Administration;
(4) a series of public awareness announcements or seminars
on the impact of the Year 2000 computer problem on consumer
products and services; and
(5) a series of public awareness announcements or seminars
on the potential effect that the Year 2000 computer problem
could have on the provision of services by the Federal
Government to the public, and the progress made in resolving
the problem by the Federal agencies providing those services. | Year 2000 Act - Requires the head of each Federal agency to: (1) take actions necessary to ensure that all systems and hardware administered by the agency are Year 2000 compliant to the extent necessary to ensure that no significant disruption of the agency's operations or data exchange partners occurs; and (2) convene, at least quarterly, and report to the Congress on, meetings with representatives of the agency's data exchange partners to assess implementation progress.
Directs the National Institute of Standards and Technology, in conjunction with the Small Business Administration, to develop a Year 2000 compliance outreach program to assist the Nation's small and medium-sized businesses to ensure that such businesses are prepared to meet the Year 2000 computer problem (Y2K problem) challenge.
Requires the Under Secretary of Commerce for Technology: (1) in conjunction with other relevant Federal agencies, to transmit to the Congress a report assessing the international implications of the Year 2000 computer problem; and (2) to develop a Year 2000 consumer awareness program to assist the public in becoming aware of the implications of such problem. | Year 2000 Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving American Access to
Information Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The 1994 Joint Security Commission, convened at the
request of the Secretary of Defense and the Director of the
Central Intelligence Agency stated that ``[t]he classification
system, largely unchanged since the Eisenhower administration
has grown out of control. More information is being classified
and for extended periods of time. Security rules proliferate,
becoming more complex yet remaining unrelated to the threat. .
. . Indeed, the classification system is not trusted on the
inside any more than it is on the outside. Insiders do not
trust it to protect information that needs protection.
Outsiders do not trust it to release information that does not
need protection''.
(2) The Public Interest Declassification Board, notes in
its 2012 report that ``[a]gencies are currently creating
petabytes of classified information annually, which quickly
outpaces the amount of information the Government has
declassified in total in the previous seventeen years since
Executive Order 12958 established the policy of automatic
declassification for 25 year old records. Without dramatic
improvement in the declassification process, the rate at which
classified records are being created will drive an exponential
growth in the archival backlog of classified records awaiting
declassification, and public access to the nation's history
will deteriorate further''.
SEC. 3. DECLASSIFICATION OF INFORMATION WITH SHORT-TERM CLASSIFICATION
SENSITIVITY.
(a) Findings.--Congress makes the following findings:
(1) Certain information, typically at the predecisional,
tactical, or operational level, is classified based on its
sensitivity with respect to a pertinent event. Following the
event, the vast majority of the associated details are no
longer sensitive and no longer need be classified.
(2) This type of time-specific classified information
should be identified and marked at the time of classification
for automatic declassification without further review.
(b) Specification of Information To Be Declassified
Automatically.--
(1) In general.--The heads of Federal agencies with
authority to classify information shall, in consultation with
the Information Security Oversight Office, specify the types of
information with short-lived sensitivity that could be
automatically declassified without further review.
(2) Exclusion from specification.--The types of information
specified pursuant to paragraph (1) shall exclude the
following:
(A) Information on the sources, methods, tactics,
tradecraft, and procedures of members of the Armed
Forces, personnel of the intelligence community, or
other personnel performing associated or similar
security functions or activities for the United States
Government.
(B) Any other information that could endanger the
military, intelligence, diplomatic, or law enforcement
personnel, operations, or capabilities of the United
States.
(3) Report.--The heads of Federal agencies described in
paragraph (1) shall submit to Congress a report setting forth
the following:
(A) The types of information specified under
paragraph (1).
(B) An assessment of the feasibility of
implementing a new classification category for the
types of information specified in that paragraph.
(C) Recommendations, if appropriate, for
legislative action to implement the automatic
declassification of information as described in that
paragraph.
SEC. 4. ENHANCEMENT OF THE NATIONAL DECLASSIFICATION CENTER.
(a) In General.--The President shall take appropriate actions to
enhance the authority and capacity of the National Declassification
Center under Executive Order No. 13526, or any successor Executive
order, in order to facilitate, enhance, and advance a government-wide
strategy for the declassification of information.
(b) Required Actions.--The actions taken under subsection (a) shall
include the following:
(1) A requirement that Federal agencies complete the review
of Presidential and Federal records proposed for
declassification, in accordance with priorities established by
the National Declassification Center, within one year of the
start of the declassification process, except that agencies may
complete such review within two years of the start of the
declassification process upon the written approval of the
Director of the National Declassification Center.
(2) A requirement that Federal agencies with authority to
classify information share their declassification guidance with
other such Federal agencies and with the National
Declassification Center.
SEC. 5. PUBLIC CONSULTATION WITH ADVISORY PANEL TO THE NATIONAL
DECLASSIFICATION CENTER.
(a) In General.--The Director of the National Declassification
Center shall provide for consultation between the advisory panel to the
National Declassification Center and the public.
(b) Frequency.--Consultations under subsection (a) shall occur not
less frequently than the frequency of the regular meetings of the
advisory panel to the National Declassification Center and, to the
extent practicable, shall occur concurrently with the meetings of the
advisory panel.
SEC. 6. EXTENSION OF PUBLIC INTEREST DECLASSIFICATION BOARD.
Section 710(b) of the Public Interest Declassification Act of 2000
(50 U.S.C. 3161 note) is amended by striking ``2014'' and inserting
``2018''.
SEC. 7. PRESERVATION AND ACCESS TO HISTORICALLY VALUABLE RECORDS.
Federal agencies shall take appropriate actions to identify and
designate historically valuable records as soon as possible after their
creation in order to ensure the preservation and future accessibility
of such documents and records.
SEC. 8. REPORTS ON PILOT PROGRAMS ON IMPROVEMENTS TO THE
DECLASSIFICATION PROCESSES.
(a) Reports.--The heads of Federal agencies that classify
information shall, in consultation with the Director of the National
Declassification Center, submit to Congress reports setting forth
options for various pilot programs to assess the feasibility and
advisability of mechanisms to improve the current declassification
capabilities of such agencies, including updates of software and
procedures relating to declassification of information.
(b) Mechanisms.--In selecting mechanisms to be assessed pursuant to
the pilot programs for purposes of subsection (a), an emphasis shall be
afforded to the selection of current technologies and practices that
could improve current declassification capabilities, including
commercial, off the shelf-technologies and current best practices of
Federal agencies and the private sector.
SEC. 9. REPORTS.
Not later than one year after the date of the enactment of this
Act, the head of each Federal agency that classifies information shall
submit to Congress a report that sets forth the following:
(1) An assessment of feasibility and advisability of
replacing the current classification system of such agency with
a two-tiered system, including an analysis and assessment of
restructuring necessary to align the level of protection with
the level of harm anticipated in the event of unauthorized
release of sensitive information.
(2) If such agency possesses records with classified
Formerly Restricted Data (FRD), an assessment of the
feasibility and advisability of declassifying such records that
have no national security value. | Preserving American Access to Information Act - Directs federal agency heads with authority to classify information to: (1) specify the types of information with short-lived sensitivity that could be automatically declassified without further review, and (2) consult with the Information Security Oversight Office of the National Archives and Records Administration (NARA) in the declassification process. Exempts from such automatic declassification: (1) information on sources, methods, tactics, tradecraft, and procedures of members of the Armed Forces, the intelligence community, and other personnel performing similar security functions; and (2) any other information that could endanger military, intelligence, diplomatic, or law enforcement personnel, operations, or capabilities. Directs the President to take appropriate actions to enhance the authority and capacity of the National Declassification Center under Executive Order 13526 to promote a government-wide strategy for the declassification of information. Requires the Director of the National Declassification Center to provide for consultation between the Center's Advisory panel and the public on a regular basis. Extends authority for the Public Interest Declassification Board until December 31, 2018. Requires federal agencies to identify and designate historically valuable records as soon as possible after their creation to ensure the preservation and future accessibility of such records. Requires federal agency heads that classify information to report to Congress on: (1) options for pilot programs to assess the feasibility and advisability of mechanisms to improve the current declassification capabilities of federal agencies; and (2) the feasibility and advisability of replacing the current agency classification systems and of declassifying records with Formerly Restricted Date (FRD) that have no national security value. | Preserving American Access to Information Act |
SECTION 1. SHORT TITLE.
This bill may be cited as the ``Freedom to Fish Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Recreational fishing is traditionally one of the most
popular outdoor sports with more than 45 million participants
of all ages, in all regions of the country.
(2) Recreational fishing makes a substantial contribution
to the local, State, and national economies. According to the
most recent economic figures, recreational fishing infuses $108
billion annually into the national economy. Nationally, over
1.2 million jobs are related to recreational fishing; this
represents approximately 1 percent of the nation's entire
civilian work force. For those communities and small businesses
that rely on seasonal tourism, the expenditures of recreational
fishers result in substantial benefits to the local economies.
(3) Recreational fishers have long demonstrated a
conservation ethic. Through catch-and-release fisheries and
through the use of non-lethal fishing gear. In addition to
payment of Federal excise taxes on fishing equipment,
motorboats and fuel, as well as license fees, recreational
fishers contribute over $500 million annually to State
fisheries conservation management programs and projects.
(4) The single most important element of recreational
fishing is open access to places to fish. The open access
principle is universally accepted on all Federal lands and
waters including wildlife refuges, national parks, wilderness
areas, and the exclusive economic zone.
(5) All recreational fishery resources can be maintained
through a variety of management measures including take limits,
minimum size requirements, and closed seasons without
unnecessarily restricting public access to places to fish.
(6) The absence of clear Congressional policy has confused
the general public as to how programs within the National
Oceanic and Atmospheric Administration complement one another
with respect to recreational fishing.
SEC. 3. POLICY.
It is the policy of the Congress in this Act--
(1) to ensure that all Federal regulations promote open
access for recreational fishing to the maximum extent
practicable;
(2) to ensure that recreational fishers will be actively
involved in any regulatory procedures that contemplate
restrictions on their access to places to fish; and
(3) To ensure that whenever access to fishing places is
restricted, that the restricted areas be as small as are
scientifically necessary to provide for the conservation of the
fishery resource.
SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
AMENDMENT.
Section 303(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853(a)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(13);
(2) by striking ``fishery.'' in paragraph (14) and
inserting ``fishery; and;'' and
(3) by adding at the end the following:
``(15) not establish areas closed to recreational fishing
unless--
``(A) there is a clear indication that recreational
fishermen are the cause of a specific conservation
problem and that less severe conservation measures,
such as gear restrictions, quotas, or closed seasons
will not adequately provide for conservation and
management of the affected stocks of fish;
``(B) the closed area regulation includes specific
measurable criteria to determine the conservation
benefit of the closed area on the affected stocks of
fish and provides a timetable for periodic review of
the continued need for the closed area at least once
every three years;
``(C) the closed area is no larger than that which
is supported by the best available scientific
information; or
``(D) provision is made to reopen the closed area
to recreational fishing whenever the condition in
subparagraph (A), (B), or (C) that was the basis of the
closure no longer exists.''.
SEC. 5. NATIONAL MARINE SANCTUARIES ACT AMENDMENT.
Section 304(a)(5) of the National Marine Sanctuaries Act (16 U.S.C.
1434(a)(5)) is amended to read as follows:
``(5) Fishing regulations.--The Secretary shall provide the
appropriate Regional Fishery Management Council with the opportunity to
propose, and revise from time to time, all regulations applicable to
fishing within designated marine sanctuaries according to the standards
and procedures of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et. seq.). The regulations, upon
approval by the Secretary, shall apply within the exclusive economic
zone, and may be applied within the boundaries of a State, with the
approval of the Governor of the State, or pursuant to the authority of
the Secretary under section 306(b) of that Act (16 U.S.C. 1856(b).''. | Freedom to Fish Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to prohibit any fishery management plan prepared by a Regional Fishery Management Council or the Secretary of Commerce from establishing areas closed to recreational fishing unless: (1) there is a clear indication that recreational fishermen are the cause of a specific conservation problem and that less severe conservation measures will not adequately provide for conservation and management of the affected stocks of fish; (2) the closed area regulation includes specific measurable criteria to determine the conservation benefit of the closed area on such fish and provides a timetable for periodic review of the continued need for the closed area; (3) the closed area is no larger than that which is supported by the best available scientific information; or (4) provision is made to reopen the closed area to recreational fishing whenever any such condition that was the basis of the closure no longer exists.Amends the National Marine Sanctuaries Act to direct the Secretary to provide such a Council with the opportunity to propose and revise all regulations applicable to fishing within designated marine sanctuaries according to the standards and procedures of the Magnuson-Stevens Fishery Conservation and Management Act. Requires such regulations, upon approval by the Secretary, to apply within the exclusive economic zone and allows them to be applied within a State, with the approval of the State's Governor or pursuant to the Secretary's authority under such Act. | A bill to protect the public's ability to fish for sport, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State High Risk Pool Funding
Extension Act of 2005''.
SEC. 2. EXTENSION OF FUNDING FOR ESTABLISHMENT AND OPERATION OF STATE
HIGH RISK HEALTH INSURANCE POOLS.
(a) Authorization of Appropriations.--Subsection (c) of section
2745 of the Public Health Service Act (42 U.S.C. 300gg-45) is amended
to read as follows:
``(c) Authorization of Appropriations.--
``(1) Seed grants.--For the purpose of carrying out
subsection (a), there is authorized to be appropriated
$15,000,000 for fiscal year 2005.
``(2) Operation of pools.--For the purpose of carrying out
subsection (b), there is authorized to be appropriated
$50,000,000 for each of the fiscal years 2005 through 2009.
``(3) Availability; rule of construction.--Funds
appropriated under this subsection for a fiscal year shall
remain available for obligation through the end of the
following fiscal year. Nothing in this section shall be
construed as providing a State with an entitlement to a grant
under this section.''.
(b) Change in Requirements for Qualified High Risk Pools.--
(1) Change in requirement for operational grants.--
Subsection (b) of such section is amended--
(A) in paragraph (1)(A), by inserting ``(or 200
percent in the case of a State that meets the
requirements of paragraph (3))'' after ``150 percent'';
(B) in paragraph (1)(C), by striking ``after the
end of fiscal year 2004'' and inserting ``after the end
of the last fiscal year for which a grant is provided
under this paragraph''; and
(C) by adding at the end the following new
paragraph:
``(3) Special rule for pools charging higher premiums.--In
the case of a qualified high risk pool of a State which charges
premiums that exceed 150 percent of the premium for applicable
standard risks, the State shall use at least 50 percent of the
amount of the grant provided to carry out this subsection to
reduce premiums for enrollees.''.
(2) Change in definition of qualified high risk pool.--
Subsection (d) of such section is amended to read as follows:
``(d) Definitions.--In this section:
``(1) Qualified high risk pool.--The term `qualified high
risk pool' has the meaning given such term in section
2744(c)(2), except that a State may elect to meet the
requirement of subparagraph (A) of such section (insofar as it
requires the provision of coverage to all eligible individuals)
through providing for the enrollment of eligible individuals
through an acceptable alternative mechanism (as defined for
purposes of section 2744) that includes a high risk pool as a
component.
``(2) Standard risk rate.--The term `standard risk rate'
means a rate that--
``(A) is determined under the State high risk pool
by considering the premium rates charged by other
health insurers offering health insurance coverage to
individuals in the insurance market served;
``(B) is established using reasonable actuarial
techniques; and
``(C) reflects anticipated claims experience and
expenses for the coverage involved.
``(3) State.--The term `State' means any of the 50 States
and the District of Columbia.''.
(3) Effective date.--The amendments made by this subsection
shall apply to grants for fiscal years beginning with fiscal
year 2005.
(c) Change in Allotment Formula for Operational Grants.--Subsection
(b)(2) of such section is amended--
(1) by inserting ``(before fiscal year 2005)'' after ``for
a fiscal year''; and
(2) by adding at the end the following: ``The amount
appropriated under subsection (c)(2) for a fiscal year
beginning with fiscal year 2005 (less the portion of such
amount amount made available to carry out subsection (f)) shall
be made available to the States (including entities that
operate the high risk pool under applicable State law in a
State) that qualify for a grant under subsection (b) as
follows:
``(A) An amount equal to \1/3\ of such amount shall
be allocated in equal amounts among such qualifying
States.
``(B) An amount equal to \1/3\ of such amount shall
be allocated among such States so that the amount
provided to a State bears the same ratio to such
available amount as the number of uninsured individuals
in the State bears to the total number of uninsured
individuals in all such States (as determined by the
Secretary).
``(C) An amount equal to \1/3\ of such amount shall
be allocated among such States so that the amount
provided to a State bears the same ratio to such
available amount as the number of individuals enrolled
in health care coverage through the qualified high risk
pool of the State bears to the total number of
individuals so enrolled through qualified high risk
pools in all such States (as determined by the
Secretary).''.
(d) Administrative Provisions; Annual Report.--Such section is
amended by adding at the end the following new subsection:
``(e) Administrative Provisions; Annual Report.--
``(1) Applications.--To be eligible for a grant under this
section, a State shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require.
``(2) No entitlement.--Nothing in this section shall be
construed as providing a State with an entitlement to a grant
under this section.
``(3) Annual report.--The Secretary shall submit to
Congress an annual report on grants provided under this
section. Each such report shall include information on the
distribution of such grants among the States and the use of
grant funds by States.''.
(e) Bonus Grants for Supplemental Consumer Benefits.--Such section
is further amended--
(1) in subsection (c)(2), as added by subsection (a), by
adding at the end the following: ``Of the amount appropriated
under the preceding sentence for fiscal year 2005, up to 50
percent shall be available for the purpose of carrying out
subsection (f).''; and
(2) by adding at the end the following new subsection:
``(f) Bonus Grants for Supplemental Consumer Benefits.--
``(1) In general.--In the case of each State that has
established a qualified high risk pool, the Secretary shall
provide, from the funds made available under subsection (c)(2)
to carry out this subsection, a grant to be used to provide
supplemental consumer benefits to enrollees or potential
enrollees (or defined subsets of such enrollees or potential
enrollees) in qualified high risk pools.
``(2) Benefits.--Funds provided to a State under paragraph
(1) may be used only to provide one or more of the following
benefits:
``(A) Low-income premium subsidies.
``(B) A reduction in premium trends, actual
premiums, or other cost-sharing requirements.
``(C) An expansion or broadening of the pool of
individuals eligible for coverage, such as through
eliminating waiting lists, increasing enrollment caps,
or providing flexibility in enrollment rules.
``(3) Limitation.--In no case shall the amount of a grant
under this subsection to a State, from the amount made
available under subsection (c)(2) for a fiscal year to carry
out this subsection, exceed 10 percent of the amount so made
available.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to prohibit a State that, on the date of
enactment of this subsection, is in the process of implementing
programs to provide benefits of the type described in paragraph
(2), from being eligible for a grant under this subsection.
``(5) Funding.--
``(A) Availability.--Funds appropriated under this
subsection for a fiscal year shall remain available for
obligation through the end of the following fiscal
year.
``(B) Reallotment.--If, on June 30 of a fiscal year
for which funds are made available under this
subsection, the Secretary determines that the full
amounts will not be made available for grants under
this subsection, such remaining amounts shall be made
available and allotted among qualifying States under
subsection (b) for the fiscal year in accordance with
the formula under subsection (b)(2).''.
Passed the House of Representatives July 27, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | State High Risk Pool Funding Extension Act of 2005 - (Sec. 2) Amends the Public Health Service Act to reauthorize funds for grants to each state that has not created a qualified high risk pool for the state's cost to create and initially operate such a pool.
Increases the maximum allowable premium charged under a qualified high risk pool to 200% of the premium for applicable standard risk rates. Defines "standard risk rate" as a rate that: (1) is determined under the state high risk pool by considering the premiums charged by other health insurers in the same market; (2) is established using reasonable actuarial techniques; and (3) reflects anticipated claims experience and expenses.
Permits grants awarded by the Secretary of Health and Human Services to states with existing qualified high risk pools to cover operating losses to be made to entities that operate such a pool under applicable state law. Changes the allocation of such grants to give 40% to eligible states equally, 30% based on the number of uninsured individuals in a state relative to all states, and 30% based on the number of enrollees in a state's qualified high risk pool relative to all states. (Currently, all funds are allotted based solely on the number of uninsured individuals in the state.)
Requires a state which charges premiums that exceed 150% of the premium for applicable standard risk to use at least 50% of the grant amount to reduce premiums for enrollees.
Limits the maximum grant amount allotted to territories.
Requires the Secretary to award grants to states with qualified high risk pools for the provision of supplemental consumer benefits, which must include one or more of the following: (1) low-income premium subsidies; (2) a reduction in premium trends, actual premiums, or other cost-sharing requirements; (3) an expansion or broadening of the pool of individuals eligible for coverage; (4) less stringent rules or additional waiver authority with respect to coverage of preexisting conditions; (5) increased benefits; or (6) establishment of disease management programs. Limits to 10% of appropriated funds the amount that any state may be allotted.
Authorizes appropriations for FY2006-FY2010 and appropriates funds for FY 2006.
Sets forth reporting requirements.
Revises the definition of "qualified high risk pool" to allow a state to elect to meet the requirement to provide all eligible individuals with health insurance coverage by utilizing an acceptable alternative mechanism that includes a high risk pool as a component. | To amend title XXVII of the Public Health Service Act to extend Federal funding for the establishment and operation of State high risk health insurance pools. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Privacy, Oversight,
and Transparency Act'' or the ``SPOT Act''.
SEC. 2. INCLUSION OF FOREIGN INTELLIGENCE ACTIVITIES IN OVERSIGHT
AUTHORITY OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT
BOARD.
Section 1061 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee) is amended by inserting ``and conduct
foreign intelligence activities'' after ``terrorism'' in the following
provisions:
(1) Paragraphs (1) and (2) of subsection (c).
(2) Subparagraphs (A) and (B) of subsection (d)(1).
(3) Subparagraphs (A), (B), and (C) of subsection (d)(2).
SEC. 3. SUBMISSION OF WHISTLEBLOWER COMPLAINTS TO THE PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD.
Section 1061 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee), as amended by section 2, is further
amended--
(1) in subsection (d), by adding at the end the following
new paragraph:
``(5) Whistleblower complaints.--
``(A) Submission to board.--An employee of, or
contractor or detailee to, an element of the
intelligence community may submit to the Board a
complaint or information that such employee,
contractor, or detailee believes relates to a privacy
or civil liberties concern.
``(B) Authority of board.--The Board may take such
action as the Board considers appropriate with respect
to investigating a complaint or information submitted
under subparagraph (A) or transmitting such complaint
or information to any other Executive agency or the
congressional intelligence committees.
``(C) Relationship to existing laws.--The authority
under subparagraph (A) of an employee, contractor, or
detailee to submit to the Board a complaint or
information shall be in addition to any other authority
under another provision of law to submit a complaint or
information. Any action taken under any other provision
of law by the recipient of a complaint or information
shall not preclude the Board from taking action
relating to the same complaint or information.
``(D) Relationship to actions taken under other
laws.--Nothing in this paragraph shall prevent--
``(i) any individual from submitting a
complaint or information to any authorized
recipient of the complaint or information; or
``(ii) the recipient of a complaint or
information from taking independent action on
the complaint or information.''; and
(2) by adding at the end the following new subsection:
``(n) Definitions.--In this section, the terms `congressional
intelligence committees' and `intelligence community' have the meaning
given such terms in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).''.
SEC. 4. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA POWER.
Section 1061(g) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee(g)) is amended--
(1) in paragraph (1)(D), by striking ``submit a written
request to the Attorney General of the United States that the
Attorney General'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
SEC. 5. APPOINTMENT OF STAFF OF THE PRIVACY AND CIVIL LIBERTIES
OVERSIGHT BOARD.
Section 1061(j) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee(j)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Appointment in absence of chairman.--If the position
of chairman of the Board is vacant, during the period of the
vacancy the Board, at the direction of the majority of the
members of the Board, may exercise the authority of the
chairman under paragraph (1).''.
SEC. 6. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) In General.--Section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), as amended by
sections 2 and 3, is further amended--
(1) in subsection (h)--
(A) in paragraph (1), by inserting ``full-time''
after ``4 additional''; and
(B) in paragraph (4)(B), by striking ``, except
that'' and all that follows through the end and
inserting a period;
(2) in subsection (i)(1)--
(A) in subparagraph (A), by striking ``level III of
the Executive Schedule under section 5314'' and
inserting ``level II of the Executive Schedule under
section 5313''; and
(B) in subparagraph (B), by striking ``level IV of
the Executive Schedule'' and all that follows through
the end and inserting ``level III of the Executive
Schedule under section 5314 of title 5, United States
Code.''; and
(3) in subsection (j)(1), by striking ``level V of the
Executive Schedule under section 5316'' and inserting ``level
IV of the Executive Schedule under section 5315''.
(b) Effective Date; Applicability.--
(1) In general.--The amendments made by subsection (a)
shall--
(A) take effect on the date of enactment of this
Act; and
(B) except as provided in paragraph (2), apply to
any appointment to a position as a member of the
Privacy and Civil Liberties Oversight Board made on or
after the date of the enactment of this Act.
(2) Exceptions.--
(A) Compensation changes.--The amendments made by
paragraphs (2)(A) and (3) of subsection (a) shall take
effect on the first day of the first pay period
beginning after the date of the enactment of this Act.
(B) Election to serve full time by incumbents.--
(i) In general.--An individual serving as a
member of the Privacy and Civil Liberties
Oversight Board on the date of the enactment of
this Act, including a member continuing to
serve as a member under section 1061(h)(4)(B)
of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C.
2000ee(h)(4)(B)), (in this subparagraph
referred to as a ``current member'') may make
an election to--
(I) serve as a member of the
Privacy and Civil Liberties Oversight
Board on a full-time basis and in
accordance with section 1061 of the
Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C.
2000ee), as amended by this Act; or
(II) serve as a member of the
Privacy and Civil Liberties Oversight
Board on a part-time basis in
accordance with such section 1061, as
in effect on the day before the date of
enactment of this Act, including the
limitation on service after the
expiration of the term of the member
under subsection (h)(4)(B) of such
section, as in effect on the day before
the date of the enactment of this Act.
(ii) Election to serve full time.--A
current member making an election under clause
(i)(I) shall begin serving as a member of the
Privacy and Civil Liberties Oversight Board on
a full-time basis on the first day of the first
pay period beginning not less than 60 days
after the date on which the current member
makes the election.
SEC. 7. PROVISION OF INFORMATION ABOUT GOVERNMENT ACTIVITIES UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 TO THE
PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
The Attorney General should fully inform the Privacy and Civil
Liberties Oversight Board about any activities carried out by the
Government under the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), including by providing to the Board--
(1) copies of each detailed report submitted to a committee
of Congress under such Act; and
(2) copies of each decision, order, and opinion of the
Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review required to be
included in the report under section 601(a) of such Act (50
U.S.C. 1871(a)). | Strengthening Privacy, Oversight, and Transparency Act or the SPOT Act - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to expand the functions of the Privacy and Civil Liberties Oversight Board to include reviews of legislation, regulations, policies, and executive branch actions relating to foreign intelligence. Allows intelligence community employees, contractors, or detailees to submit to the Board a whistleblower complaint or information believed to be related to a privacy or civil liberties concern. Permits the Board to: (1) investigate such complaints, or (2) transmit such complaints to any other executive agency or the congressional intelligence committees. Authorizes the Board to subpoena persons (other than agencies and elements of the executive branch) to produce documentary or testimonial evidence. (Currently, the Board submits a request for the Attorney General to issue a subpoena.) Permits the Board, at the direction of the majority of its members, to exercise the authority of the Board chairman to appoint and fix compensation of Board staff when the position of chairman is vacant. Provides for members of the Board to serve in a full-time capacity. Removes exceptions to the requirement that members continue to serve after the expiration of their term of office until a successor has been appointed and qualified. Revises the compensation of the Board chairman, members, and staff. Directs the Attorney General to fully inform the Board about government activities under the Foreign Intelligence Surveillance Act of 1978 (FISA), including by providing to the Board copies of: (1) FISA reports submitted to Congress; and (2) FISA court decisions, orders, and opinions that include significant construction or interpretation of FISA. | SPOT Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sudan Peace Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Government of Sudan has intensified its prosecution
of the war against areas outside of its control, which has
already cost more than 2,000,000 lives and has displaced more
than 4,000,000.
(2) A viable, comprehensive, and internationally sponsored
peace process, protected from manipulation, presents the best
chance for a permanent resolution of the war, protection of
human rights, and a self-sustaining Sudan.
(3) Continued strengthening and reform of humanitarian
relief operations in Sudan is an essential element in the
effort to bring an end to the war.
(4) Continued leadership by the United States is critical.
(5) Regardless of the future political status of the areas
of Sudan outside of the control of the Government of Sudan, the
absence of credible civil authority and institutions is a major
impediment to achieving self-sustenance by the Sudanese people
and to meaningful progress toward a viable peace process.
(6) Through manipulation of traditional rivalries among
peoples in areas outside their full control, the Government of
Sudan has effectively used divide and conquer techniques to
subjugate their population, and internationally sponsored
reconciliation efforts have played a critical role in reducing
the tactic's effectiveness and human suffering.
(7) The Government of Sudan is utilizing and organizing
militias, Popular Defense Forces, and other irregular units for
raiding and slaving parties in areas outside of the control of
the Government of Sudan in an effort to severely disrupt the
ability of those populations to sustain themselves. The tactic
is in addition to the overt use of bans on air transport relief
flights in prosecuting the war through selective starvation and
is used to minimize the Government of Sudan's accountability
internationally.
(8) The Government of Sudan has repeatedly stated that it
intends to use the expected proceeds from future oil sales to
increase the tempo and lethality of the war against the areas
outside its control.
(9) Through its power to veto plans for air transport
flights under the United Nations relief operation, Operation
Lifeline Sudan (OLS), the Government of Sudan has been able to
manipulate the receipt of food aid by the Sudanese people from
the United States and other donor countries as a devastating
weapon of war in the ongoing effort by the Government of Sudan
to subdue areas of Sudan outside of the Government's control.
(10) The efforts of the United States and other donors in
delivering relief and assistance through means outside OLS have
played a critical role in addressing the deficiencies in OLS
and offset the Government of Sudan's manipulation of food
donations to advantage in the civil war in Sudan.
(11) While the immediate needs of selected areas in Sudan
facing starvation have been addressed in the near term, the
population in areas of Sudan outside of the control of the
Government of Sudan are still in danger of extreme disruption
of their ability to sustain themselves.
(12) The Nuba Mountains and many areas in Bahr al Ghazal,
the Upper Nile, and the Blue Nile regions have been excluded
completely from relief distribution by OLS, consequently
placing their populations at increased risk of famine.
(13) At a cost which has sometimes exceeded $1,000,000 per
day, and with a primary focus on providing only for the
immediate food needs of the recipients, the current
international relief operations are neither sustainable nor
desirable in the long term.
(14) The ability of populations to defend themselves
against attack in areas outside the Government of Sudan's
control has been severely compromised by the disengagement of
the front-line sponsor states, fostering the belief within
officials of the Government of Sudan that success on the
battlefield can be achieved.
(15) The United States should use all means of pressure
available to facilitate a comprehensive solution to the war in
Sudan, including--
(A) the multilateralization of economic and
diplomatic tools to compel the Government of Sudan to
enter into a good faith peace process;
(B) the support or creation of viable democratic
civil authority and institutions in areas of Sudan
outside government control;
(C) continued active support of people-to-people
reconciliation mechanisms and efforts in areas outside
of government control;
(D) the strengthening of the mechanisms to provide
humanitarian relief to those areas; and
(E) cooperation among the trading partners of the
United States and within multilateral institutions
toward those ends.
SEC. 3. DEFINITIONS.
In this Act:
(1) Government of sudan.--The term ``Government of Sudan''
means the National Islamic Front government in Khartoum, Sudan.
(2) OLS.--The term ``OLS'' means the United Nations relief
operation carried out by UNICEF, the World Food Program, and
participating relief organizations known as ``Operation
Lifeline Sudan''.
SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND TACTICS
OF THE GOVERNMENT OF SUDAN.
Congress hereby--
(1) condemns--
(A) violations of human rights on all sides of the
conflict in Sudan;
(B) the Government of Sudan's overall human rights
record, with regard to both the prosecution of the war
and the denial of basic human and political rights to
all Sudanese;
(C) the ongoing slave trade in Sudan and the role
of the Government of Sudan in abetting and tolerating
the practice;
(D) the Government of Sudan's use and organization
of ``murahalliin'' or ``mujahadeen'', Popular Defense
Forces (PDF), and regular Sudanese Army units into
organized and coordinated raiding and slaving parties
in Bahr al Ghazal, the Nuba Mountains, the Upper Nile,
and the Blue Nile regions; and
(E) aerial bombardment of civilian targets that is
sponsored by the Government of Sudan; and
(2) recognizes that, along with selective bans on air
transport relief flights by the Government of Sudan, the use of
raiding and slaving parties is a tool for creating food
shortages and is used as a systematic means to destroy the
societies, culture, and economies of the Dinka, Nuer, and Nuba
peoples in a policy of low-intensity ethnic cleansing.
SEC. 5. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS.
(a) Findings.--Congress hereby recognizes that--
(1) a single viable, internationally and regionally
sanctioned peace process holds the greatest opportunity to
promote a negotiated, peaceful settlement to the war in Sudan;
and
(2) resolution to the conflict in Sudan is best made
through a peace process based on the Declaration of Principles
reached in Nairobi, Kenya, on July 20, 1994.
(b) United States Diplomatic Support.--The Secretary of State is
authorized to utilize the personnel of the Department of State for the
support of--
(1) the ongoing negotiations between the Government of
Sudan and opposition forces;
(2) any necessary peace settlement planning or
implementation; and
(3) other United States diplomatic efforts supporting a
peace process in Sudan.
SEC. 6. MULTILATERAL PRESSURE ON COMBATANTS.
It is the sense of Congress that--
(1) the United Nations should be used as a tool to
facilitating peace and recovery in Sudan; and
(2) the President, acting through the United States
Permanent Representative to the United Nations, should seek
to--
(A) revise the terms of Operation Lifeline Sudan to
end the veto power of the Government of Sudan over the
plans by Operation Lifeline Sudan for air transport of
relief flights and, by doing so, to end the
manipulation of the delivery of those relief supplies
to the advantage of the Government of Sudan on the
battlefield;
(B) investigate the practice of slavery in Sudan
and provide mechanisms for its elimination; and
(C) sponsor a condemnation of the Government of
Sudan each time it subjects civilians to aerial
bombardment.
SEC. 7. REPORTING REQUIREMENT.
Section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n)
is amended by adding at the end the following:
``(g) In addition to the requirements of subsections (d) and (f),
the report required by subsection (d) shall include--
``(1) a description of the sources and current status of
Sudan's financing and construction of oil exploitation
infrastructure and pipelines, the effects on the inhabitants of
the oil fields regions of such financing and construction, and
the Government of Sudan's ability to finance the war in Sudan;
``(2) a description of the extent to which that financing
was secured in the United States or with involvement of United
States citizens;
``(3) the best estimates of the extent of aerial
bombardment by the Government of Sudan forces in areas outside
its control, including targets, frequency, and best estimates
of damage; and
``(4) a description of the extent to which humanitarian
relief has been obstructed or manipulated by the Government of
Sudan or other forces for the purposes of the war in Sudan.''.
SEC. 8. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF EFFORTS.
(a) Sense of Congress.--It is the sense of Congress that the
President should continue to increase the use of non-OLS agencies in
the distribution of relief supplies in southern Sudan.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the President shall submit a detailed report to Congress
describing the progress made toward carrying out subsection (a).
SEC. 9. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF FLIGHTS.
(a) Plan.--The President shall develop a contingency plan to
provide, outside United Nations auspices if necessary, the greatest
possible amount of United States Government and privately donated
relief to all affected areas in Sudan, including the Nuba Mountains and
the Upper Nile and the Blue Nile regions, in the event the Government
of Sudan imposes a total, partial, or incremental ban on OLS air
transport relief flights.
(b) Reprogramming Authority.--Notwithstanding any other provision
of law, in carrying out the plan developed under subsection (a), the
President may reprogram up to 100 percent of the funds available for
support of OLS operations (but for this subsection) for the purposes of
the plan. | Sudan Peace Act - Declares that Congress: (1) condemns violations of human rights on all sides of the conflict in Sudan (including the Government of Sudan), the ongoing slave trade there, the Government's use and organization of "murahalliin" (or "mujahadeen"), Popular Defense Forces (PDF), and regular Sudanese Army units into raiding and slaving parties in Bahr al Ghazal, the Nuba Mountains, Upper Nile, and Blue Nile regions, and its aerial bombardment of civilian targets; and (2) recognizes that the use of raiding and slaving parties is a tool for creating food shortages as a systematic means to destroy the societies, culture, and economies of the Dinka, Nuer, and Nuba peoples in a policy of low-intensity ethnic cleansing.Authorizes the Secretary of State to utilize Department of State personnel for the support of ongoing negotiations, and eventual implementation of a peace settlement, between the Government of Sudan and opposition forces.Expresses the sense of Congress that the United Nations (UN) should be used as a tool to facilitate peace and recovery in Sudan.Directs the President to develop a contingency plan to provide, outside UN auspices, the greatest amount of U.S. Government and privately donated relief to all affected areas in Sudan, including the Nuba Mountains, Upper Nile, and the Blue Nile regions, in the event the Government of Sudan imposes a ban on Operation Lifeline Sudan air transport relief flights. | To facilitate famine relief efforts and a comprehensive solution to the war in Sudan. |
SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF CANDLES.
(a) Reliquidation of Entries.--Notwithstanding sections 514 and 520
of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520) or any other
provision of law, the Bureau of Customs and Border Protection shall,
not later than 90 days after the date of the enactment of this Act--
(1) reliquidate the entries listed in subsection (b)
without assessment of antidumping duties or interest; and
(2) refund any antidumping duties and interest which were
previously paid on such entries.
(b) Affected Entries.--The entries referred to in subsection (a)
are the following:
Entry number Date of entry Port
110-3447557-3 03/18/00 Los Angeles
110-3447591-2 03/19/00 Los Angeles
110-3447595-3 03/19/00 Los Angeles
110-1201638-1 03/21/00 Detroit
110-1201639-9 03/21/00 Detroit
110-1201640-7 03/21/00 Detroit
110-3447613-4 03/21/00 Los Angeles
110-1201697-7 03/23/00 Detroit
110-1201695-1 03/23/00 Detroit
110-1201696-9 03/23/00 Detroit
110-1201756-1 03/27/00 Detroit
110-1201757-9 03/27/00 Detroit
110-1201758-7 03/27/00 Detroit
110-1740905-2 03/30/00 Los Angeles
110-1740943-3 03/30/00 Los Angeles
110-1201845-2 03/31/00 Detroit
110-1201813-0 04/03/00 Detroit
110-1201814-8 04/03/00 Detroit
110-1201815-5 04/03/00 Detroit
110-1201875-9 04/04/00 Detroit
110-1201868-4 04/04/00 Detroit
110-1201858-5 04/04/00 Detroit
110-3447959-1 04/11/00 Los Angeles
110-3447958-3 04/11/00 Los Angeles
110-3759536-9 04/12/00 Detroit
110-3759561-7 04/12/00 Detroit
110-3759542-7 04/12/00 Detroit
110-3759540-1 04/12/00 Detroit
110-3447977-3 04/12/00 Los Angeles
110-3759539-3 04/12/00 Detroit
110-3448045-8 04/14/00 Los Angeles
110-3448046-6 04/14/00 Los Angeles
110-3448110-0 04/20/00 Los Angeles
110-3759670-6 04/25/00 Detroit
110-3759673-0 04/25/00 Detroit
110-3759669-8 04/25/00 Detroit
110-3759667-2 04/25/00 Detroit
110-3759671-4 04/25/00 Detroit
110-3759668-0 04/25/00 Detroit
110-3448241-3 04/27/00 Los Angeles
110-3448247-0 04/27/00 Los Angeles
110-3448276-9 04/28/00 Memphis
110-3448274-4 04/28/00 Memphis
110-3448282-7 05/04/00 Memphis
101-4081779-1 05/07/00 Memphis
101-4088945-1 05/23/00 Memphis
101-4089954-3 05/23/00 Memphis
101-4088960-0 05/23/00 Memphis
101-4092192-4 05/25/00 Memphis
101-4089312-3 05/26/00 Detroit
101-4089942-7 05/26/00 Detroit
101-4089893-2 05/26/00 Detroit
101-4092221-1 05/26/00 Memphis
101-4089697-7 05/26/00 Los Angeles
101-4092215-3 05/26/00 Memphis
101-4086053-6 05/26/00 Los Angeles
101-4122700-8 07/27/00 Los Angeles
101-4122707-3 07/27/00 Los Angeles
101-4122712-3 07/27/00 Los Angeles
101-4127147-7 08/03/00 Los Angeles
101-4132485-4 08/09/00 Norfolk
101-4129989-0 08/11/00 Detroit
101-4130345-2 08/17/00 Detroit
101-4129976-7 08/23/00 Detroit
101-4149476-4 09/06/00 Los Angeles
101-4149483-0 09/06/00 Los Angeles
101-4149493-9 09/06/00 Los Angeles
101-4148595-2 09/08/00 Detroit
101-4153301-7 09/18/00 Detroit
101-4154523-5 09/14/00 Los Angeles
101-4153389-2 09/18/00 Detroit
101-4157161-1 09/20/00 Norfolk
101-4153333-0 09/21/00 Detroit
101-4155542-4 09/26/00 Detroit
101-4166291-5 10/07/00 Los Angeles
101-4167325-0 10/09/00 Detroit
101-4167363-1 10/12/00 Detroit
101-4164567-0 10/13/00 Norfolk
101-4168049-5 10/14/00 Los Angeles
101-4172904-5 10/21/00 Los Angeles
101-4175579-2 10/30/00 Los Angeles
101-4183996-8 11/07/00 Detroit
101-4183234-4 11/09/00 Detroit
101-4183251-8 11/09/00 Detroit
101-4183253-4 11/09/00 Detroit
101-4183257-5 11/09/00 Detroit
101-4183264-1 11/09/00 Detroit
101-4183264-1 11/09/00 Detroit
101-4184811-8 11/13/00 Los Angeles
101-4184819-1 11/13/00 Los Angeles
101-4189001-1 11/14/00 Tampa
101-4185526-1 11/16/00 Detroit
101-4185535-2 11/16/00 Detroit
101-4186580-7 11/20/00 Detroit
101-4189830-3 11/20/00 Detroit
101-4189774-3 11/21/00 Detroit
101-4191183-3 11/24/00 Los Angeles
101-4191188-2 11/24/00 Los Angeles
101-4191193-2 11/24/00 Los Angeles
101-4194796-9 11/29/00 Detroit
101-4194801-7 11/29/00 Detroit
101-4196383-4 12/01/00 Los Angeles
101-4196389-1 12/01/00 Los Angeles
101-4199308-8 12/13/00 Detroit | Directs the Bureau of Customs and Border Protection to: (1) reliquidate certain entries of candles without assessment of antidumping duties and interest; and (2) refund any amounts owed. | To provide for the reliquidation of certain entries. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compassionate Assistance for Rape
Emergencies Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is estimated that 25,000 to 32,000 women become
pregnant each year as a result of rape or incest. An estimated
22,000 of these pregnancies could be prevented if rape
survivors had timely access to emergency contraception.
(2) A 1996 study of rape-related pregnancies (published in
the American Journal of Obstetrics and Gynecology) found that
50 percent of the pregnancies described in paragraph (1) ended
in abortion.
(3) Surveys have shown that many hospitals do not routinely
provide emergency contraception to women seeking treatment
after being sexually assaulted.
(4) The risk of pregnancy after sexual assault has been
estimated to be 4.7 percent in survivors who were not protected
by some form of contraception at the time of the attack.
(5) The Food and Drug Administration has declared emergency
contraception to be safe and effective in preventing unintended
pregnancy, reducing the risk by as much as 89 percent if taken
within days of unprotected intercourse and up to 95 percent if
taken in the first 24 hours.
(6) Medical research strongly indicates that the sooner
emergency contraception is administered, the greater the
likelihood of preventing unintended pregnancy.
(7) In light of the safety and effectiveness of emergency
contraceptive pills, both the American Medical Association and
the American College of Obstetricians and Gynecologists have
endorsed more widespread availability of such pills.
(8) The American College of Emergency Physicians and the
American College of Obstetricians and Gynecologists agree that
offering emergency contraception to female patients after a
sexual assault should be considered the standard of care.
(9) Nine out of ten women of reproductive age remain
unaware of emergency contraception. Therefore, women who have
been sexually assaulted are unlikely to ask for emergency
contraception.
(10) New data from a survey of women having abortions
estimates that 51,000 abortions were prevented by use of
emergency contraception in 2000 and that increased use of
emergency contraception accounted for 43 percent of the
decrease in total abortions between 1994 and 2000.
(11) It is essential that all hospitals that provide
emergency medical treatment provide emergency contraception as
a treatment option to any woman who has been sexually
assaulted, so that she may prevent an unintended pregnancy.
SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF
EMERGENCY CONTRACEPTIVES WITHOUT CHARGE.
(a) In General.--Federal funds may not be provided to a hospital
under any health-related program, unless the hospital meets the
conditions specified in subsection (b) in the case of--
(1) any woman who presents at the hospital and states that
she is a victim of sexual assault, or is accompanied by someone
who states she is a victim of sexual assault; and
(2) any woman who presents at the hospital whom hospital
personnel have reason to believe is a victim of sexual assault.
(b) Assistance for Victims.--The conditions specified in this
subsection regarding a hospital and a woman described in subsection (a)
are as follows:
(1) The hospital promptly provides the woman with medically
and factually accurate and unbiased written and oral
information about emergency contraception, including
information explaining that--
(A) emergency contraception has been approved by
the Food and Drug Administration as a safe and
effective way to prevent pregnancy after unprotected
intercourse or contraceptive failure if taken in a
timely manner, and is more effective the sooner it is
taken; and
(B) emergency contraception does not cause an
abortion and cannot interrupt an established pregnancy.
(2) The hospital promptly offers emergency contraception to
the woman, and promptly provides such contraception to her at
the hospital on her request.
(3) The information provided pursuant to paragraph (1) is
in clear and concise language, is readily comprehensible, and
meets such conditions regarding the provision of the
information in languages other than English as the Secretary
may establish.
(4) The services described in paragraphs (1) through (3)
are not denied because of the inability of the woman or her
family to pay for the services.
(c) Definitions.--For purposes of this section:
(1) The term ``emergency contraception'' means a drug, drug
regimen, or device that is--
(A) approved by the Food and Drug Administration to
prevent pregnancy; and
(B) is used postcoitally.
(2) The term ``hospital'' has the meanings given such term
in title XVIII of the Social Security Act, including the
meaning applicable in such title for purposes of making
payments for emergency services to hospitals that do not have
agreements in effect under such title.
(3) The term ``Secretary'' means the Secretary of Health
and Human Services.
(4) The term ``sexual assault'' means coitus in which the
woman involved does not consent or lacks the legal capacity to
consent.
(d) Effective Date; Agency Criteria.--This section takes effect
upon the expiration of the 180-day period beginning on the date of the
enactment of this Act. Not later than 30 days prior to the expiration
of such period, the Secretary shall publish in the Federal Register
criteria for carrying out this section. | Compassionate Assistance for Rape Emergencies Act - Prohibits any federal funds from being provided to a hospital unless the hospital meets certain conditions related to a woman who is a victim of sexual assault, including that the hospital: (1) provides the woman with accurate and unbiased information about emergency contraception; (2) offers emergency contraception to the woman; (3) provides the woman such contraception at the hospital on her request; and (4) does not deny any such services because of the inability of the woman or her family to pay. | To provide for the provision by hospitals of emergency contraceptives to women who are survivors of sexual assault. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civilian Agent Orange Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Exposed employee.--The term ``exposed employee'' means
an individual who--
(A) during the Vietnam conflict--
(i) was a civilian employee of the Federal
Government, or an employee of a contractor (or
subcontractor at any tier) of the Department of
Defense; and
(ii) while so employed, was--
(I) physically present in the
Republic of Vietnam during the period
beginning January 9, 1962, and ending
on May 7, 1975; or
(II) in or near the Korean
demilitarized zone during the period
beginning September 1, 1967, and ending
on August 31, 1971;
(B) contracted an Agent Orange illness; and
(C) suffered injury or death by reason of that
illness.
(2) Agent orange illness.--The term ``Agent Orange
illness'' means an illness listed by the National Institute of
Medicine as having at least a limited or suggestive association
with 2,4-dichlorophenoxyacetic acid (2,4-D), 1,4,5-
trichlorophenoxyacetic acid (2,4,5-T), 4-amino-3,5,6-
trichloropicolinic acid (picloram), and cacodylic acid
(dimenthylarsenic acid, DMA), and 2,3,7,8-tetrachlorodibenzo-p-
dioxin (TCDD, or dioxin).
SEC. 3. COMPENSATION PROGRAM.
(a) In General.--There is hereby established a program to be known
as the ``Agent Orange Illness Compensation Program'' (in this Act
referred to as the ``compensation program''), to be carried out by the
Attorney General.
(b) Purpose.--The purpose of the compensation program is to provide
for timely, uniform, and adequate compensation of exposed employees
and, where applicable, survivors of such employees, suffering from
Agent Orange illnesses incurred by such employees.
SEC. 4. COMPENSATION FUND.
(a) Establishment.--There is hereby established on the books of the
Treasury a fund to be known as the ``Agent Orange Illness Compensation
Fund'' (in this Act referred to as the ``compensation fund'').
(b) Amounts.--The compensation fund shall consist of the following
amounts:
(1) Amounts appropriated to the compensation fund pursuant
to an authorization of appropriations.
(2) Amounts transferred to the compensation fund.
(c) Financing.--Upon the exhaustion of amounts in the compensation
fund, the Secretary of the Treasury shall transfer directly to the
compensation fund from the General Fund of the Treasury, without
further appropriation, such amounts as are further necessary to carry
out the compensation program.
(d) Use.--Subject to subsection (e) of this section, amounts in the
compensation fund shall be used to carry out the compensation program.
(e) Administrative Costs Not Paid From Fund.--No cost incurred in
carrying out the compensation program, or in administering the
compensation fund, shall be paid from the compensation fund.
(f) Monetary Allowance Not To Be Considered as Income or Resources
for Certain Purposes.--Notwithstanding any other provision of law, a
monetary allowance paid an individual under this Act shall not be
considered as income or resources in determining eligibility for, or
the amount of benefits under any Federal or federally assisted program.
(g) Investment.--Amounts in the compensation fund shall be invested
in accordance with section 9702 of title 31, and any interest on, and
proceeds from, any such investment shall be credited to and become a
part of the compensation fund.
(h) Authorization of Appropriations.--There is hereby authorized to
be appropriated $100,000,000 to the compensation fund.
SEC. 5. COMPENSATION TO BE PROVIDED.
(a) In General.--An exposed employee, or the eligible survivor of
that employee if the employee is deceased, shall receive compensation
for the injury, illness, or death of that employee from that employee's
Agent Orange illness in an amount determined under subsection (b).
(b) Amount.--For each exposed employee, the Attorney General shall
provide compensation in the amount of $100,000.
(c) Payments in the Case of Deceased Persons.--
(1) Survivors eligible.--In the case of an exposed employee
who is deceased at the time of payment of compensation under
this section, whether or not the death is the result of the
employee's Agent Orange illness, such payment may be made only
as follows:
(A) If the employee is survived by a spouse who is
living at the time of payment, such payment shall be
made to such surviving spouse.
(B) If there is no surviving spouse described in
subparagraph (A), such payment shall be made in equal
shares to all children of the employee who--
(i) had not yet attained the age of 18 when
the employee died or was permanently or totally
disabled before the age of 18; and
(ii) are living at the time of payment.
(2) Claims.--If an employee eligible for payment dies
before filing a claim under this Act, a survivor of that
employee who may receive payment under paragraph (1) may file a
claim for such payment.
(3) Definitions.--For purposes of this subsection--
(A) the ``spouse'' of an individual is a wife or
husband of that individual who was married to that
individual for at least one year immediately before the
death of that individual; and
(B) a ``child'' includes a recognized natural
child, a stepchild who lived with an individual in a
regular parent-child relationship, and an adopted
child.
(d) Children With Spina Bifida.--In any case in which a child of an
exposed employee is born with spina bifida by reason of that employee's
exposure to Agent Orange, that child shall directly receive
compensation in an amount determined under subsection (b).
SEC. 6. CLAIMS PROCESSING.
(a) In General.--Subject to subsections (b), (c), and (d), the
Attorney General shall specify standards and criteria for filing
applications and for processing, determining, and paying claims.
(b) Deadline.--A claim not filed within 20 years after the date of
the enactment of this Act is void.
(c) Written Medical Documentation.--Payment may not be made on a
claim except on written medical evidence that the Attorney General, in
consultation with the Surgeon General, determines to be adequate.
(d) Review.--Unless otherwise specified by the Attorney General,
any determination on a claim under this Act is not subject to
administrative or judicial review.
SEC. 7. IMPLEMENTATION.
The Attorney General shall prescribe regulations to implement this
Act.
SEC. 8. OFFSET FOR CERTAIN OTHER PAYMENTS.
A payment of compensation to an individual, or to a survivor of
that individual, under this Act shall be offset by the amount of any
payment made pursuant to a final award or settlement on a claim,
against any person, that is based on the same illness, injury, or death
of that individual on account of exposure to Agent Orange herbicides. | Civilian Agent Orange Act of 2007 - Establishes the: (1) Agent Orange Illness Compensation Program to provide compensation for federal employees or employees of contractors of the Department of Defense (DOD) who contracted an Agent Orange illness while employed during the Vietnam conflict and suffered injury or death by reason of that illness; and (2) Agent Orange Illness Compensation Fund to make such payments. Fixes the compensation amount at $100,000, payable either to the employee or his or her eligible survivor. Offsets such payment by any payment made on a claim based on the same illness, injury, or death on account of exposure to Agent Orange herbicides. | To provide compensation to individuals who, during the Vietnam conflict, were employees of the Federal Government or contractor employees of the Department of Defense and suffered disability or death from exposure to Agent Orange. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Commission on
International Religious Freedom Reauthorization Act of 2015''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of the Congress that the United States Commission
on International Religious Freedom--
(1) was created by Congress to independently assess and to
accurately and unflinchingly describe threats to religious freedom
around the world; and
(2) in carrying out its prescribed duties, should use its
authorized powers to ensure that efforts by the United States to
advance religious freedom abroad are timely, appropriate to the
circumstances, prudent, and effective.
SEC. 3. EXTENSION OF AUTHORITY.
Section 209 of the International Religious Freedom Act of 1998 (22
U.S.C. 6436) is amended by striking ``September 30, 2015'' and
inserting ``September 30, 2019''.
SEC. 4. STRATEGIC PLAN.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Foreign Affairs of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
(2) Commission.--The term ``Commission'' means the United
States Commission on International Religious Freedom established
under section 201 of the International Religious Freedom Act of
1998 (22 U.S.C. 6431).
(3) Commissioner.--The term ``Commissioner'' means a member of
the Commission.
(4) Vice chair.--The term ``Vice Chair'' means the Vice Chair
of the Commission who was appointed to such position by an elected
official from the political party that is different from the
political party of the elected official who appointed the Chair of
the Commission.
(b) Strategic Policy and Organizational Review Planning Process.--
Not later than 60 days after the date of the enactment of this Act, and
not less frequently than biennially thereafter, the Chair and Vice
Chair of the Commission, in coordination with the Commissioners, the
Ambassador-at-Large for International Religious Freedom, Commission
staff, and others jointly selected by the Chair and Vice Chair, shall
carry out a strategic policy and organizational review planning process
that includes--
(1) a review of the duties set forth in section 202 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6432) and
the powers set forth in section 203 of such Act (22 U.S.C. 6432a);
(2) the preparation of a written description of prioritized
actions that the Commission is required to complete to fulfill the
strategic plan required under subsection (d);
(3) a review of the scope, content, and timing of the
Commission's annual report and any required changes; and
(4) a review of the personnel policies set forth in section 204
of the International Religious Freedom Act of 1998 (22 U.S.C.
6432b) and any required changes to such policies.
(c) Unanimous Agreement.--
(1) In general.--To the greatest extent possible, the Chair,
Vice Chair, and all of the Commissioners shall ensure that this
section is implemented in a manner that results in unanimous
agreement among the Commissioners with regard to--
(A) the strategic policy and organizational review planning
process required under subsection (b); and
(B) the strategic plan required under subsection (d).
(2) Alternative approval process.--If unanimous agreement under
paragraph (1) is not possible, items for inclusion in the strategic
plan may, at the joint discretion of the Chair and Vice Chair, be
approved by an affirmative vote of--
(A) a majority of Commissioners appointed by an elected
official from the political party of the President; and
(B) a majority of Commissioners appointed by an elected
official from the political party that is not the party of the
President.
(d) Submission of Strategic Plan.--Not later than 180 days after
the date of the enactment of the Act, and not less frequently than
biennially thereafter, the Chair and Vice Chair of the Commission shall
jointly submit, to the appropriate congressional committees, a written
strategic plan that includes--
(1) a description of prioritized actions for the Commission for
a period of time to be specified by the Commissioners;
(2) a description of any changes the Commission considers
necessary with regard to the scope, content, and timing of the
Commission's annual report;
(3) a description of any changes the Commission considers
necessary with regard to personnel matters; and
(4) the Commission's funding requirements for the period
covered by the strategic plan.
(e) Pending Issues.--The strategic plan required under subsection
(d) may identify any issues or proposals that have not yet been
resolved by the Commission.
(f) Implementation of Personnel Provisions and Annual Report.--
Notwithstanding section 204(a) and 205(a) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6432b(a) and 6533(a)), the
Commission is authorized to implement provisions related to personnel
and the Commission's annual report that are included in the strategic
plan submitted pursuant to this section.
(g) Congressional Oversight.--Upon request, the Commission shall--
(1) make available for inspection any information and documents
requested by the appropriate congressional committees; and
(2) respond to any requests to provide testimony before the
appropriate congressional committees.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 207 of the International Religious Freedom Act of 1998 (22
U.S.C. 6435) is amended to read as follows:
``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to the
Commission $3,500,000 for each of the fiscal years 2016 to 2019 to
carry out the provisions of this Act and section 4 of the United States
Commission on International Religious Freedom Reauthorization Act of
2015.
``(b) Availability of Funds.--Amounts authorized to be appropriated
under subsection (a) shall remain available until the earlier of--
``(1) the date on which they have been expended; or
``(2) the date on which the Commission is terminated under
section 209.
``(c) Limitation.--In each fiscal year, the Commission shall only
be authorized to expend amounts that have been appropriated pursuant to
subsection (a) if the Commission--
``(1) complies with the requirements set forth in section 4 of
the United States Commission on International Religious Freedom
Reauthorization Act of 2015; and
``(2) submits the annual financial report required under
section 208(e) to the appropriate congressional committees.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . The expanded summary of the Senate reported version is repeated here.) United States Commission on International Religious Freedom Reauthorization Act of 2015 This bill reauthorizes the U.S. Commission on International Religious Freedom (USCIRF) through FY2019. (Sec. 2) It expresses the sense of Congress that USCIRF: (1) was created to independently assess and accurately describe threats to religious freedom around the world; and (2) should ensure that U.S. efforts to advance religious freedom abroad are timely, appropriate to the circumstances, prudent, and effective. (Sec. 3) The termination date of USCIRF is extended to September 30, 2019. (Sec. 4) The Chair and Vice Chair of USCIRF must at least biennially carry out a strategic policy and organizational review and submit a strategic plan to Congress concerning: (1) prioritized actions for USCIRF, (2) any changes it considers necessary with regard to the scope, content, and timing of USCIRF's annual report; (3) any changes USCIRF considers necessary with regard to personnel matters; and (4) USCIRF's funding requirements. If unanimous agreement is not possible, items for inclusion in the strategic plan may, at the joint discretion of the Chair and Vice Chair, be approved by: (1) a majority of Commissioners appointed by an elected official from the political party of the President, and (2) a majority of Commissioners appointed by an elected official from the political party that is not the party of the President. The Vice Chair for such purposes must be appointed by an elected official from the political party that is different from the political party of the elected official who appointed the Chair. USCIRF is authorized to implement provisions related to personnel and the annual report that are included in the strategic plan, notwithstanding USCIRF's annual recommendations on U.S. policy options and a current requirement that a decision to employ or terminate an Executive Director be made by an affirmative vote of at least six of USCIRF's nine members. USCIRF, upon request, must provide testimony and make information available to Congress. (Sec. 5) USCIRF is authorized to expend appropriated amounts only if it complies with this Act and submits its annual financial report identifying expenditures for the preceding fiscal year. | United States Commission on International Religious Freedom Reauthorization Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bonneville Power Administration
Appropriations Refinancing Act''.
SEC. 2. DEFINITIONS.
For the purpose of this Act--
(1) ``Administrator'' means the Administrator of the
Bonneville Power Administration;
(2) ``capital investment'' means a capitalized cost funded
by Federal appropriations that--
(A) is for a project, facility, or separable unit
or feature of a project or facility;
(B) is a cost for which the Administrator is
required by law to establish rates to repay to the
United States Treasury through the sale of electric
power, transmission, or other services;
(C) excludes a Federal irrigation investment; and
(D) excludes an investment financed by the current
revenues of the Administrator or by bonds issued and
sold, or authorized to be issued and sold, by the
Administrator under section 13 of the Federal Columbia
River Transmission System Act (16 U.S.C. 838(k));
(3) ``old capital investment'' means a capital investment
whose capitalized cost--
(A) was incurred, but not repaid, before October 1,
1995, and
(B) was for a project, facility, or separable unit
or feature of a project or facility, placed in service
before October 1, 1995;
(4) ``repayment date'' means the end of the period within
which the Administrator's rates are to assure the repayment of
the principal amount of a capital investment; and
(5) ``Treasury rate'' for a fiscal year means a rate that
the Secretary of the Treasury determines as soon as practicable
after the beginning of the fiscal year and that is equal to the
average prevailing market yield during the preceding fiscal
year on interest-bearing marketable securities of the United
States which, at the time the computation is made, have terms
of 15 years or more remaining to maturity. The average yield is
computed as the average during the preceding fiscal year using
the daily bid prices. When the average yield so computed is not
a multiple of one-eighth of one percent, the rate is the
multiple of one-eighth of one percent nearest to the average
yield.
SEC. 3. NEW PRINCIPAL AMOUNTS.
(a) Effective October 1, 1995, an old capital investment has a new
principal amount that is the sum of--
(1) the present value, calculated using a discount rate
equal to the Treasury rate for fiscal year 1996, of the old
payment amounts for the old capital investment; and
(2) an amount equal to $100,000,000 multiplied by a
fraction whose numerator is the principal amount of the old
payment amounts for the old capital investment and whose
denominator is the sum of the principal amounts of the old
payment amounts for all old capital investments.
(b) The Administrator shall determine the new principal; amounts
for old capital investments. The Administrator shall obtain approval by
the Secretary of the Treasury of the Administrator's determination of
the new principal amounts and the Administrator's assignment of the
interest rate to the new principal amounts, on the basis of consistency
with the provisions of this Act.
(c) For the purposes of this section, ``old payment amounts''
means, for an old capital investment, the annual interest and principal
that the Administrator would have paid to the United States Treasury
from October 1, 1995, if this Act were not enacted, assuming that--
(1) the principal were repaid--
(A) on the repayment date the Administrator
assigned before October 1, 1993, to the old capital
investment, or
(B) with respect to an old capital investment for
which the Administrator has not assigned a repayment
date before October 1, 1993, on a repayment date the
Administrator shall assign to the old capital
investment in accordance with paragraph 10(d)(1) of the
version of Department of Energy Order RA 6120.2 in
effect on October 1, 1993; and
(2) interest were paid--
(A) at the interest rate the Administrator assigned
before October 1, 1993, to the old capital investment,
or
(B) with respect to an old capital investment for
which the Administrator has not assigned an interest
rate before October 1, 1993, at the Treasury rate for
the fiscal year in which construction is initiated on
the project, facility, or separable unit or feature the
old capital investment concerns.
SEC. 4. INTEREST RATE FOR NEW PRINCIPAL AMOUNTS.
As of October 1, 1995, the unpaid balance on the new principal
amount established for an old capital investment under section 3 bears
interest annually at the Treasury rate for fiscal year 1996 until the
earlier of the date that the new principal amount is repaid or the
repayment date for the new principal amount.
SEC. 5. REPAYMENT DATES.
As of October 1, 1995, the repayment date for the new principal
amount established for an old capital investment under section 3 is no
earlier than the repayment date for the old capital investment assumed
in section 3(c)(1).
SEC. 6. PREPAYMENT LIMITATIONS.
During the period October 1, 1995, through September 30, 2000, the
total new principal amounts of old capital investments, as established
under section 3, that the Administrator may pay before their respective
repayment dates shall not exceed $100,000,000.
SEC. 7. INTEREST RATES FOR NEW CAPITAL INVESTMENTS DURING CONSTRUCTION.
(a) The principal amount of a capital investment for a project,
facility, or separable unit or feature of a project or facility, placed
in service after September 30, 1995, includes interest in each fiscal
year of construction at a rate equal to the one-year rate for the
fiscal year on the sum of--
(1) construction expenditures that were made from the date
construction commenced through the end of the fiscal year, and
(2) accrued interest during construction.
(b) The Administrator is not required to pay, during construction
of the project, facility, or separable unit or feature, the interest
calculated, accrued, and capitalized under subsection (a).
(c) For the purposes of this section, ``one-year rate'' for a
fiscal year means the one-year Treasury agency borrowing rate as
determined by the Secretary of the Treasury for use during the first
month of the fiscal year taking into consideration the average of
market yields on outstanding marketable interest-bearing obligations of
the United States with approximate periods to maturity of one year.
SEC. 8. INTEREST RATES FOR NEW CAPITAL INVESTMENTS.
The unpaid balance on the principal amount of a capital investment
for a project, facility, or separable unit or feature of a project or
facility, placed in service after September 30, 1995, bears interest--
(1) from the date it is placed in service until the earlier
of the date the capital investment is repaid or the end of the
repayment period for the capital investment,
(2) at a rate determined by the Secretary of the Treasury
for use in assigning interest rates to new capital investments
during the month that includes the date the new capital
investment is placed in service, taking into consideration the
average of market yields on outstanding marketable interest-
bearing obligations of the United States with periods to
maturity comparable to the repayment period of the capital
investment.
SEC. 9. CREDITS TO THE ADMINISTRATOR'S PAYMENTS TO THE UNITED STATES
TREASURY.
(a) Notwithstanding any other law, the Administrator shall apply
against amounts payable by the Administrator to the United States
Treasury a credit in the amount of $15.25 million in fiscal year 1996,
$15.86 million in fiscal year 1997, $16.49 million in fiscal year 1998,
$17.15 million in fiscal year 1999, $17.84 million in fiscal year 2000,
and $4.10 million in each succeeding fiscal year so long as the
Administrator makes annual payments to the Tribes under the settlement
agreement.
(b) For the purposes of this section, ``settlement agreement''
means that settlement agreement between the United States of America
and the Confederated Tribes of the Colville Reservation signed by the
Tribes on April 16, 1994, and by the United States of America on April
21, 1994, which settlement agreement resolves claims of the Tribes in
Docket 181-D of the Indian Claims Commission, which docket has been
transferred to the United States Court of Federal Claims; and,
``Tribes'' means the Confederated Tribes of the Colville Reservation, a
federally-recognized Indian Tribe.
SEC. 10. CONTRACT PROVISIONS.
In each contract of the Administrator that provides for the
Administrator to sell electric power, transmission, or related
services, and that is in effect after September 30, 1995, the
Administrator shall offer to include, or as the case may be, shall
offer to amend to include, provisions specifying that after September
30, 1995--
(1) the Administrator shall establish rates and charges on
the basis that--
(A) the principal amount of an old capital
investment shall be no greater than the new principal
amount established under section 3 of this Act;
(B) the interest rate applicable to the unpaid
balance of the new principal amount of an old capital
investment shall be no greater than the interest rate
established under section 4 of this Act;
(C) any payment of principal of an old capital
investment shall reduce the outstanding principal
balance of the old capital investment in the amount of
the payment at the time the payment is tendered; and,
(D) any payment of interest on the unpaid balance
of the new principal amount of an old capital
investment shall be a credit against the appropriate
interest account in the amount of the payment at the
time the payment is tendered;
(2) apart from charges necessary to repay the new principal
amount of an old capital investment as established under
section 3 of this Act and to pay the interest on the principal
amount under section 4 of this Act, no amount may be charged
for return to the United States Treasury as repayment for or
return on an old capital investment, whether by way of rate,
rent, lease payment, assessment, user charge, or any other fee;
(3) amounts provided under section 1304 of title 31, United
States Code, shall be available to pay, and shall be the sole
source for payment of, a judgment against or settlement by the
Administrator or the United States on a claim for a breach of
the contract provisions required by this Act; and
(4) the contract provisions specified in this Act do not--
(A) preclude the Administrator from recovering,
through rates or other means, any tax that is generally
imposed on electric utilities in the United States, or
(B) affect the Administrator's authority under
applicable law, including section 7(g) of the Pacific
Northwest Electric Power Planning and Conservation Act
(16 U.S.C. 839e(g)), to--
(i) allocate costs and benefits, including
but not limited to fish and wildlife costs, to
rates or resources; or
(ii) design rates.
SEC. 11. SAVINGS PROVISIONS.
(a) This Act does not affect the obligation of the Administrator to
repay the principal associated with each capital investment, and to pay
interest on the principal, only from the ``Administrator's net
proceeds,'' as defined in section 13 of the Federal Columbia River
Transmission System Act (16 U.S.C. 838k(b)).
(b) Except as provided in section 6 of this Act, this Act does not
affect the authority of the Administrator to pay all or a portion of
the principal amount associated with a capital investment before the
repayment date for the principal amount. | Bonneville Power Administration Appropriations Refinancing Act - Prescribe guidelines under which the Administrator of the Bonneville Power Administration (BPA) is directed to refinance a certain appropriated debt by establishing: (1) a new principal amount for such debt; (2) new interest rates for such debt based on long-term Treasury rates in effect as of the date the principal is reset; and (3) a $100 million limit on prepayments of old capital investments before a certain date.
States that certain claim settlement payments made by the Administrator to the Confederated Tribes of the Colville Reservation shall be credited against BPA payments owed to the Treasury.
Directs the Administrator to offer to include provisions in future electric power service contracts that preclude further increases in the refinanced principal amount or interest rate obligations to the Government. | Bonneville Power Administration Appropriations Refinancing Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National African American Museum
Act''.
SEC. 2. FINDINGS.
(a) Findings.--The Congress finds that--
(1) the presentation and preservation of African American
life, art, history, and culture within the National Park System
and other Federal entities is inadequate;
(2) the inadequate presentation and preservation of African
American life, art, history, and culture seriously restricts
the ability of the people of the United States, particularly
African Americans, to understand themselves and their past;
(3) African American life, art, history, and culture
includes the varied experiences of Africans in slavery and
freedom and the continued struggles for full recognition of
citizenship and treatment with human dignity;
(4) in enacting Public Law 99-511, the Congress encouraged
support for the establishment of a commemorative structure
within the National Park System, or on other Federal lands,
dedicated to the promotion of understanding, knowledge,
opportunity, and equality for all people;
(5) the establishment of a national museum and the
conducting of interpretive and educational programs, dedicated
to the heritage and culture of African Americans, will help to
inspire and educate the people of the United States regarding
the cultural legacy of African Americans and the contributions
made by African Americans to the society of the United States;
and
(6) the Smithsonian Institution operates 15 museums and
galleries, a zoological park, and 5 major research facilities,
none of which is a national institution devoted solely to
African American life, art, history, or culture.
SEC. 3. ESTABLISHMENT OF THE NATIONAL AFRICAN AMERICAN MUSEUM.
(a) Establishment.--There is established within the Smithsonian
Institution a Museum, which shall be known as the ``National African
American Museum''.
(b) Purpose.--The purpose of the Museum is to provide--
(1) a center for scholarship relating to African American
life, art, history, and culture;
(2) a location for permanent and temporary exhibits
documenting African American life, art, history, and culture;
(3) a location for the collection and study of artifacts
and documents relating to African American life, art, history,
and culture;
(4) a location for public education programs relating to
African American life, art, history, and culture; and
(5) a location for training of museum professionals and
others in the arts, humanities, and sciences regarding museum
practices related to African American life, art, history, and
culture.
SEC. 4. LOCATION AND CONSTRUCTION OF THE NATIONAL AFRICAN AMERICAN
MUSEUM.
The Board of Regents is authorized to plan, design, reconstruct,
and renovate the Arts and Industries building of the Smithsonian
Institution to house the Museum.
SEC. 5. BOARD OF TRUSTEES OF MUSEUM.
(a) Establishment.--There is established in the Smithsonian
Institution the Board of Trustees of the National African American
Museum.
(b) Composition and Appointment.--
(1) In general.--The Board of Trustees shall be composed of
23 members, appointed as follows:
(A) The Secretary of the Smithsonian Institution
who shall serve as an ex officio member of the Board of
Trustees.
(B) An Assistant Secretary of the Smithsonian
Institution, designated by the Board of Regents.
(C) 1 Member of the House of Representatives
appointed by the Speaker of the House from among the
Speaker, Majority Leader, Minority Leader, Majority
Whip or Minority Whip of the House of Representatives.
(D) 1 Member of the Senate appointed by the
Majority Leader of the Senate from among the President
pro tempore, Majority Leader, Minority Leader, Majority
Whip or Minority Whip of the Senate.
(E) 5 individuals appointed by the Secretary of the
Smithsonian Institution.
(F) 6 individuals appointed by the Smithsonian
Board of Regents from among individuals nominated by
the Congressional Black Caucus.
(G) 4 individuals appointed by the Board of Regents
from among individuals nominated by the Board of the
African American Museum Association.
(H) 4 individuals appointed by the Board of
Regents.
(2) Initial appointment special rule.--The Board of Regents
shall make the first appointments pursuant to paragraph (1)(H)
from among the members of the initial Board of Trustees and
pursuant to nominations received from the African American
Institutional Study Advisory Committee of the Smithsonian
Institution.
(c) Terms.--
(1) In general.--Except as provided in paragraph (2),
members of the Board of Trustees shall be appointed for terms
of 3 years. Members of the Board of Trustees may be
reappointed.
(2) Staggered terms.--The terms of 7 of the members
initially appointed under subparagraphs (C), (E), and (G) of
subsection (b)(1), as determined by the Board of Regents, shall
expire at the end of the 1-year period beginning on the date of
appointment. The terms of 7 of the members initially appointed
under subparagraphs (D), (F), and (H) of subsection (b)(1), as
determined by the Board of Regents, shall expire at the end of
the 2-year period beginning on the date of appointment. The
terms of the remaining 7 members initially appointed under
subparagraphs (C) through (H) of subsection (b)(1) shall expire
at the end of the 3-year period beginning on the date of
appointment.
(d) Vacancies.--A vacancy on the Board of Trustees shall not affect
its powers and shall be filled in the manner in which the original
appointment was made. Any member appointed to fill a vacancy occurring
before the expiration of the term for which the predecessor of the
member was appointed shall be appointed for the remainder of the term.
(e) Noncompensation.--Except as provided in subsection (f), members
of the Board of Trustees shall serve without pay.
(f) Expenses.--Members of the Board of Trustees shall receive per
diem, travel, and transportation expenses for each day, including
traveltime, during which they are engaged in the performance of the
duties of the Board of Trustees in accordance with section 5703 of
title 5, United States Code, with respect to employees serving
intermittently in the Government service.
(g) Chairperson.--The Board of Trustees shall elect a chairperson
by a majority vote of the members of the Board of Trustees.
(h) Meetings.--The Board of Trustees shall meet at the call of the
chairperson or upon the written request of a majority of its members,
but shall meet not less than 2 times each fiscal year.
(i) Quorum.--A majority of the Board of Trustees shall constitute a
quorum for purposes of conducting business, but a lesser number may
receive information on behalf of the Board of Trustees.
(j) Voluntary Services.--Notwithstanding section 1342 of title 31,
United States Code, the chairperson of the Board of Trustees may accept
for the Board of Trustees voluntary services provided by a member of
the Board of Trustees.
SEC. 6. DUTIES OF THE BOARD OF TRUSTEES OF THE MUSEUM.
(a) In General.--The Board of Trustees shall--
(1) recommend annual budgets for the Museum;
(2) consistent with the general policy established by the
Board of Regents, have the sole authority to--
(A) loan, exchange, sell, or otherwise dispose of
any part of the collections of the Museum, but only if
the funds generated by such disposition are used for
additions to the collections of the Museum or for
additions to the endowment of the Museum;
(B) subject to the availability of funds and the
provisions of annual budgets of the Museum, purchase,
accept, borrow, or otherwise acquire artifacts and
other property for addition to the collections of the
Museum;
(C) establish policy with respect to the
utilization of the collections of the Museum; and
(D) establish policy regarding programming,
education, exhibitions, and research, with respect to
the life and culture of African Americans, the role of
African Americans in the history of the United States,
and the contributions of African Americans to society;
(3) consistent with the general policy established by the
Board of Regents, have authority to--
(A) provide for restoration, preservation, and
maintenance of the collections of the Museum;
(B) solicit funds for the Museum and determine the
purposes to which those funds shall be used;
(C) approve expenditures from the endowment of the
Museum, or of income generated from the endowment, for
any purpose of the Museum; and
(D) consult with, advise, and support the Director
in the operation of the Museum;
(4) establish programs in cooperation with other African
American museums, historically black colleges and universities,
historical societies, educational institutions, cultural and
other organizations for the education and promotion of
understanding regarding African American life, art, history,
and culture;
(5) support the efforts of other African American museums,
historically black colleges and universities, cultural and
other organizations to educate and promote understanding
regarding African American life, art, history, and culture,
including--
(A) development of cooperative programs and
exhibitions;
(B) identification, management, and care of
collections;
(C) participation in the training of museum
professionals; and
(D) creating opportunities for--
(i) research fellowships; and
(ii) professional and student internships;
(6) adopt bylaws to carry out the functions of the Board of
Trustees; and
(7) report annually to the Board of Regents on the
acquisition, disposition, and display of African American
objects and artifacts and on other matters the Board of
Trustees deems appropriate.
SEC. 7. DIRECTOR AND STAFF.
(a) In General.--The Secretary of the Smithsonian Institution, in
consultation with the Board of Trustees, shall appoint and fix the
compensation and duties of a Director, Assistant Director, Secretary,
and Chief Curator of the Museum and any other officers and employees
necessary for the operation of the Museum and the carrying out of the
duties of the Board. The Director, Assistant Director, Secretary, and
Chief Curator shall be qualified through experience and training to
perform the duties of their offices.
(b) Applicability of Certain Civil Service Laws.--The Secretary of
the Smithsonian Institution may--
(1) appoint the Director and 5 employees under subsection
(a), without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service; and
(2) fix the pay of the Director and such 5 employees,
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.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) The term ``Board of Regents'' means the Board of
Regents of the Smithsonian Institution.
(2) The term ``Board of Trustees'' means the Board of
Trustees of the National African American Museum established in
section 5(a).
(3) The term ``Museum'' means the National African American
Museum established under section 3(a).
(4) The term ``Arts and Industries building'' means the
building located on the Mall at 900 Jefferson Drive, S.W. in
Washington, the District of Columbia.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$5,000,000 for fiscal year 1994 and such sums as may be necessary for
each of the succeeding fiscal years. | National African American Museum Act - Establishes within the Smithsonian Institution the National African American Museum (the Museum) to be operated as a center for scholarship and museum training and a location for education, research, events, and collection and display of items and materials relating to the life, art, history, and culture of African Americans.
Authorizes the Board of Regents of the Smithsonian Institution (Board of Regents) to plan, design, reconstruct, and renovate the Arts and Industries Building to house the Museum.
Establishes a Board of Trustees of the Museum (Board of Trustees) in the Smithsonian Institution. Sets forth various duties of the Board of Trustees, including: (1) establishing and supporting cooperative programs with other museums and institutions; and (2) reporting annually to the Board of Regents.
Directs the Secretary of the Smithsonian Institution to appoint a Director, Assistant Director, Secretary, and Chief Curator of the Museum and other officers and employees necessary to operate the Museum and carry out the Board's duties.
Authorizes appropriations. | National African American Museum Act |
SECTION 1. NONMAILABILITY OF CERTAIN TOBACCO PRODUCTS.
(a) In General.--Chapter 30 of title 39, United States Code, is
amended by inserting after section 3002a the following:
``Sec. 3002b. Nonmailability of certain tobacco products
``(a) In General.--Except as provided in subsections (g) and (h),
cigarettes, smokeless tobacco, and roll-your-own-tobacco--
``(1) are nonmailable matter;
``(2) shall not be--
``(A) deposited in the mails; or
``(B) carried or delivered through the mails; and
``(3) shall be disposed of as the Postal Service directs.
``(b) Civil Penalty.--
``(1) In general.--Any person who violates subsection
(a)(2)(A) shall be liable to the United States for a civil
penalty in an amount not to exceed $100,000 for each violation.
``(2) Hearings.--
``(A) In general.--The Postal Service may determine
that a person has violated subsection (a)(2)(A) only
after notice and an opportunity for a hearing.
Proceedings under this paragraph shall be conducted in
accordance with section 3001(m).
``(B) Penalty considerations.--In determining the
amount of a civil penalty under this paragraph, the
Postal Service shall consider--
``(i) the nature, circumstances, extent,
and gravity of the violation;
``(ii) with respect to the violator, the
degree of culpability, ability to pay, and any
history of prior violations; and
``(iii) such other matters as justice may
require.
``(3) Civil actions.--The Postal Service may bring a civil
action in an appropriate district court of the United States,
in accordance with section 409(g)(2), to enjoin violations of
subsection (a)(2)(A), to collect a civil penalty under this
section, or to seek such other relief with respect to
violations of subsection (a)(2)(A) as the court may deem
appropriate.
``(4) Disposition of amounts.--Amounts received in payment
of any civil penalties under this subsection shall be deposited
as miscellaneous receipts in the Treasury of the United States.
``(c) Orders.--Upon evidence satisfactory to the Postal Service
that any person is engaged in the sending of mail matter which is
nonmailable under this section, the Postal Service may issue an order
which--
``(1) directs any postmaster, to whom any mailing
originating with such person or his representative is tendered
for transmission through the mails (other than a mailing that
consists only of one or more sealed letters), to refuse to
accept any such mailing, unless such person or his
representative first establishes to the satisfaction of the
postmaster that the mailing does not contain any matter which
is nonmailable under this section; and
``(2) requires the person or his representative to cease
and desist from mailing any mail matter which is nonmailable
under this section.
``(d) Prima Facie Evidence.--For the purposes of this section,
prima facie evidence that a person is engaged in the mailing of matter
which is nonmailable under this section may include a statement on a
publicly available website, or an advertisement, by any person that
such person will mail matter which is nonmailable under this section in
return for payment or other consideration.
``(e) Coordination of Efforts.--In the enforcement of this section,
the Postal Service shall cooperate with, and coordinate its efforts
with related activities of, any other Federal agency or any State or
local government, whenever appropriate.
``(f) Actions by States Relating to Certain Tobacco Products.--
``(1) Authority of states.--Whenever the attorney general
of a State has reason to believe that any person has engaged or
is engaging in mailings to residents of that State in violation
of subsection (a)(2)(A), the State may bring, in an appropriate
district court of the United States, a civil action--
``(A) to enjoin such mailings;
``(B) to carry out paragraphs (1) and (4) of
subsection (b) with respect to such mailings; or
``(C) to carry out subparagraphs (A) and (B).
In the course of any such action, the State may seek damages
equal to the amount of any unpaid taxes on tobacco products
mailed in violation of subsection (a)(2)(A) to residents of the
State and such other relief as the court may deem appropriate.
``(2) Rights of the postal service.--The State shall serve
prior written notice of any action under paragraph (1) upon the
Postal Service and provide the Postal Service with a copy of
its complaint, except in any case in which such prior notice is
not feasible, in which case the State shall serve such notice
immediately upon instituting such action. The Postal Service,
in accordance with section 409(g)(2), shall have the right (A)
to intervene in the action, (B) upon so intervening, to be
heard on all matters arising therein, and (C) to file petitions
for appeal.
``(3) Effect on state court proceedings.--Nothing contained
in this section shall be considered to prohibit an authorized
State official from proceeding in State court on the basis of
an alleged violation of any general civil or criminal statute
of such State.
``(4) Limitation.--Whenever the Postal Service institutes a
civil action under subsection (a)(3) for a violation of
subsection (a)(2)(A), no State may, during the pendency of such
action, institute a separate civil action for any violation of
subsection (a)(2)(A) against any defendant named in the Postal
Service's complaint.
``(g) Mailings Between Legal Tobacco Industry Businesses and
Government Agencies.--
``(1) In general.--Tobacco products otherwise made
nonmailable by subsection (a) may, beginning on the effective
date of regulations prescribed under paragraph (2), be mailed--
``(A) for business purposes between businesses
that--
``(i) have all government licenses or
permits that are required in order to do
business; and
``(ii) are engaged in tobacco product
manufacturing, distribution, wholesale, export,
import, testing, investigation, or research; or
``(B) for regulatory purposes between any business
described in subparagraph (A) and any government
agency.
``(2) Regulations.--The Postal Service may prescribe
regulations governing mailings under this subsection, including
regulations to carry out the following:
``(A) The Postal Service shall verify that any
person depositing any otherwise nonmailable tobacco
product into the mails under this subsection is a
business or government agency permitted to make such
mailing under this subsection.
``(B) The Postal Service shall ensure that any
recipient of any otherwise nonmailable tobacco product
sent through the mails under this subsection is a
business or government agency permitted to receive such
mailing under this subsection.
``(C) The mailing shall be sent using a method that
provides for the tracking and confirmation of delivery.
``(D) The identity of the business or government
agency from which the mailing is sent, and the identity
of the business or government agency to which the
mailing is sent, shall be clearly set forth on the
envelope or outside cover or wrapper in which such
mailing is sent, and all of that information shall, for
a period of at least 3 years from the date of the
mailing, be kept in Postal Service records and made
available to persons enforcing subsection (a)(2)(A).
``(E) The mailing shall be marked with a Postal
Service label or marking that makes it clear that such
mailing--
``(i) is a permissible mailing of otherwise
nonmailable tobacco products; and
``(ii) may be delivered only to a business
described in paragraph (1)(A) or a government
employee or entity.
``(F) The mailing shall be delivered only to a
verified employee or agent of the recipient business or
government agency, who--
``(i) has been duly authorized to accept
such mailing; and
``(ii) shall be required to sign for the
mailing.
``(3) Rule of construction.--Nothing in this subsection
shall be considered to subject a government agency or any
government employee or agent to any penalty or other
restriction in connection with any mailing made by such
employee or agent, acting within the scope of his employment or
agency.
``(h) Mailings Between Individuals.--
``(1) In general.--Tobacco products otherwise made
nonmailable by subsection (a) may be mailed between individuals
(other than in any of the circumstances to which subsection (g)
applies), for non-moneymaking purposes, beginning on the
effective date of regulations prescribed under paragraph (2).
``(2) Regulations.--The Postal Service may prescribe
regulations establishing the standards and requirements which
shall govern all mailings under this subsection, including
regulations to carry out the following:
``(A) The Postal Service shall verify that the
person depositing the otherwise nonmailable tobacco
product into the mails is properly identified on the
return address of the mailing.
``(B) The Postal Service shall require the person
depositing the otherwise nonmailable tobacco product
into the mails to affirm that the recipient is an
individual who is of legal age to purchase tobacco
products.
``(C) The Postal Service shall require the person
depositing the otherwise nonmailable tobacco product
into the mails to affirm that the product is not being
sent for moneymaking purposes.
``(D) The mailing shall weigh not more than 10
ounces.
``(E) The mailing shall be sent using a method that
provides for the tracking and confirmation of delivery.
``(F) The Postal Service shall deliver the mailing
only to the verified recipient (as described in
subparagraph (B)) at the recipient's address, including
an Air/Army Postal Office (APO) or Fleet Postal Office
(FPO) address.
``(i) Definitions.--For purposes of this section--
``(1) the terms `cigarette' and `roll-your-own-tobacco'
have the meanings given them by section 5702 of the Internal
Revenue Code of 1986;
``(2) the term `smokeless tobacco' has the meaning given
such term by section 2341 of title 18; and
``(3) the term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, and the Commonwealth of the Northern Mariana
Islands.''.
(b) Administrative Subpoenas.--Section 3016(a) of title 39, United
States Code, is amended in paragraphs (1)(A) and (2) by inserting
``3002b or'' before ``3005(a)''.
(c) Enforcement of Postal Service Orders.--Section 3012 of title
39, United States Code, is amended--
(1) in subsection (b), by striking ``or (d)'' each place it
appears and inserting ``(d), or (e)'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following:
``(e) Any person who fails to comply with an order issued under
section 3002b(c)(2) shall be liable to the United States for a civil
penalty--
``(1) not to exceed $10,000 for each mailing of fewer than
10 pieces;
``(2) not to exceed $50,000 for each mailing of 10 to 50
pieces; and
``(3) not to exceed $100,000 for each mailing of more than
50 pieces.''; and
(4) in subsection (g) (as so redesignated by paragraph
(2)), by inserting ``3002b(c)(2) or'' before ``3005'' each
place it appears.
(d) Semiannual Reports.--Section 3013 of title 39, United States
Code, is amended--
(1) in paragraph (1), by inserting ``3002b(b) or'' before
``3005'';
(2) in paragraph (2), by inserting ``3002b(c) or'' before
``3005(e)''; and
(3) in paragraph (3), by striking ``section 3007 of this
title'' and inserting ``section 3002b(c) or section 3007,
respectively,''.
(e) Clerical Amendment.--The table of sections for chapter 30 of
title 39, United States Code, is amended by inserting after the item
relating to section 3002a the following:
``3002b. Nonmailability of certain tobacco products.''.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the 60th
day after the date of the enactment of this Act, and shall
apply with respect to any mail matter mailed on or after such
60th day.
(2) Semiannual reports.--The amendments made by subsection
(d) shall apply beginning with the report submitted for the
reporting period in which occurs the 60th day after the date of
the enactment of this Act.
SEC. 2. TECHNICAL CORRECTION.
(a) In General.--Sections 3007(a)(1), 3012(b)(1), and 3018(f)(1) of
title 39, United States Code, are amended by striking ``409(d)'' and
inserting ``409(g)(2)''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Postal
Accountability and Enhancement Act (Public Law 109-435). | Makes cigarettes, smokeless tobacco, and roll-your-own-tobacco nonmailable.
Requires tobacco products attempted to be mailed to be disposed of as the Postal Service directs.
Imposes a civil penalty for each mailing violation.
Authorizes the Postal Service, on evidence satisfactory to the Postal Service that any person is engaged in the sending of such matter, to: (1) refuse to accept any mailing from that person or his representative unless the person or his representative establishes to the satisfaction of the postmaster that the mailing does not contain such matter; and (2) order the person to cease and desist from mailing such matter.
Authorizes civil actions by states to: (1) enjoin mailings to residents of that state; and (2) obtain damages.
Exempts from the prohibition the mailing of tobacco products: (1) for business purposes between businesses engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research; (2) for regulatory purposes between any such business and any government agency; or (3) for non-moneymaking purposes between individuals. | To amend title 39, United States Code, to make cigarettes and certain other tobacco products nonmailable, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Fisheries through Better
Science Act''.
SEC. 2. DEFINITION OF STOCK ASSESSMENT.
Section 3 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1802) is amended by redesignating the
paragraphs after paragraph (42) in order as paragraphs (44) through
(52), and by inserting after paragraph (42) the following:
``(43) The term `stock assessment' means an evaluation of
the past, present, and future status of a stock of fish, that
includes--
``(A) a range of life history characteristics for
such stock, including--
``(i) the geographical boundaries of such
stock; and
``(ii) information on age, growth, natural
mortality, sexual maturity and reproduction,
feeding habits, and habitat preferences of such
stock; and
``(B) fishing for the stock.''.
SEC. 3. STOCK ASSESSMENT PLAN.
(a) In General.--Section 404 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 18881c) is amended by adding
at the end the following:
``(e) Stock Assessment Plan.--
``(1) In general.--The Secretary shall develop and publish
in the Federal Register, on the same schedule as required for
the strategic plan required under section 404(b) of such Act, a
plan to conduct stock assessments for all stocks of fish for
which a fishery management plan is in effect under this Act.
``(2) Contents.--The plan shall--
``(A) for each stock of fish for which a stock
assessment has previously been conducted--
``(i) establish a schedule for updating the
stock assessment that is reasonable given the
biology and characteristics of the stock; and
``(ii) subject to the availability of
appropriations, require completion of a new
stock assessment, or an update of the most
recent stock assessment--
``(I) every 5 years; or
``(II) within such other time
period specified and justified by the
Secretary in the plan;
``(B) for each stock of fish for which a stock
assessment has not previously been conducted--
``(i) establish a schedule for conducting
an initial stock assessment that is reasonable
given the biology and characteristics of the
stock; and
``(ii) subject to the availability of
appropriations, require completion of the
initial stock assessment within 3 years after
the plan is published in the Federal Register
unless another time period is specified and
justified by the Secretary in the plan; and
``(C) identify data and analysis, especially
concerning recreational fishing, that, if available,
would reduce uncertainty in and improve the accuracy of
future stock assessments, including whether such data
and analysis could be 10 provided by nongovernmental
sources, including fishermen, fishing communities,
universities, and research institutions.
``(3) Waiver of stock assessment requirement.--
Notwithstanding subparagraphs (A)(ii) and (B)(ii), a stock
assessment is not required for a stock of fish in the plan if
the Secretary determines that such a stock assessment is not
necessary and justifies such determination in the Federal
Register notice required by this subsection.''.
(b) Deadline.--Notwithstanding paragraph (1) of section 404(e) of
such Act, as amended by this section, the Secretary of Commerce shall
issue the first stock assessment plan under such section by not later
than 1 year after the date of enactment of this Act.
SEC. 4. IMPROVING SCIENCE.
(a) Incorporation of Information From Wide Variety of Sources.--
Section 2(a)(8) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801) is amended by adding at the end the
following: ``Fisheries management is most effective when it
incorporates information provided by governmental and nongovernmental
sources, including State and Federal agency staff, fishermen, fishing
communities, universities, research institutions, and other appropriate
entities. As appropriate, such information should be considered the
best scientific information available and form the basis of
conservation and management measures as required by this Act.''.
(b) Improving Data Collection and Analysis.--
(1) In general.--Section 404 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1881c), as
amended by this Act, is further amended by adding at the end
the following:
``(f) Improving Data Collection and Analysis.--
``(1) In general.--The Secretary, in consultation with the
science and statistical committee of the Councils established
under section 302(g), shall develop and publish in the Federal
Register guidelines that will facilitate greater incorporation
of data, analysis, and stock assessments from nongovernmental
sources, including fishermen, fishing communities,
universities, and research institutions, into fisheries
management decisions.
``(2) Content.--The guidelines shall--
``(A) identify types of data and analysis,
especially concerning recreational fishing, that can be
reliably used as the best scientific information
available for purposes of this Act and the basis for
establishing conservation and management measures as
required by section 303(a)(1), including setting
standards for the collection and use of such data and
analysis in stock assessments and for other purposes;
``(B) provide specific guidance for collecting data
and performing analyses identified as necessary to
reduce the uncertainty referred to in section
404(e)(2)(C); and
``(C) establish a registry of persons providing
such information.
``(3) Acceptance and use of data and analyses.--The
Secretary and Regional Fishery Management Councils shall--
``(A) use all data and analyses that meet the
guidelines published under paragraph (1) as the best
scientific information available for purposes of this
Act in fisheries management decisions, unless otherwise
determined by the science and statistical committee of
the Councils established pursuant to section 302(g) of
the Act;
``(B) explain in the Federal Register notice
announcing the fishery management decision how such
data and analyses have been used to establish
conservation and management measures; and
``(C) if any such data or analysis is not used,
provide in the Federal Register notice announcing the
fishery management decision an explanation developed by
such science and statistical committee of why such data
or analysis was not used.''.
(c) Deadline.--The Secretary of Commerce shall develop and publish
guidelines under the amendment made by subsection (a) by not later than
1 year after the date of enactment of this Act.
SEC. 5. COST REDUCTION REPORT.
Within 1 year after the date of enactment of this Act, the
Secretary of Commerce, in consultation with the Regional Fishery
Management Councils, shall submit a report to Congress that, with
respect to each fishery governed by a fishery management plan in effect
under the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.)--
(1) identifies the goals of the applicable programs
governing monitoring and enforcement of fishing that is subject
to such plan;
(2) identifies methods to accomplish those goals, including
human observers, electronic monitoring, and vessel monitoring
systems;
(3) certifies which such methods are most cost-effective
for fishing that is subject to such plan; and
(4) explains why such most-cost-effective methods are not
required, if applicable.
SEC. 6. COST SHARING.
Section 304(d) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1854(d)) is amended by adding at the end the
following:
``(3) The Secretary shall not collect any fee under this
section or section 313(a) before preparing an analysis that
identifies the costs that will be recovered by the fee and the
costs that will not be recovered by the fee. Such analysis
shall be included in the applicable fisheries management
plan.''. | Healthy Fisheries through Better Science Act This bill amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Department of Commerce to develop and publish a plan to conduct stock assessments for all stocks of fish for which a fishery management plan is in effect. A "stock assessment" is an evaluation of the past, present, and future status of a stock of fish, including: (1) a range of life history characteristics, including the stock's geographical boundaries, age, growth, natural mortality, sexual maturity and reproduction, feeding habits, and habitat preferences; and (2) fishing for the stock. The plan must be developed and published on the same schedule as required for the fisheries research strategic plan. The plan must: (1) establish schedules for conducting initial stock assessments and updating previously conducted assessments, and (2) identify data and analysis that would reduce uncertainty in and improve the accuracy of future stock assessments. A stock assessment is not required for a stock of fish in the plan if Commerce determines that the assessment is not necessary and justifies the determination in the Federal Register notice. Commerce must develop and publish in the Federal Register guidelines to incorporate data, analysis, and stock assessments from nongovernmental sources into fisheries management decisions and to establish a registry of information providers. Commerce and Regional Fishery Management Councils must use all data and analyses that meet the guidelines published as the best scientific information available in fisheries management decisions, unless otherwise determined by the science and statistical committees of the Councils. Commerce may not collect certain fishing permit fees and North Pacific Council fisheries research plan implementation fees before identifying the costs that will be recovered by such fee. | Healthy Fisheries through Better Science Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heart Disease Education, Analysis
and Research, and Treatment for Women Act'' or the ``HEART for Women
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Heart disease, stroke, and other cardiovascular
diseases are the leading cause of death among women.
(2) Despite being the number 1 killer, only 13 percent of
women are aware that cardiovascular diseases, including heart
disease and stroke, are their greatest health risk.
(3) Many minority women, including African American,
Hispanic, Native American, and some Asian American women, are
at a higher risk of death from heart disease, stroke, and other
cardiovascular diseases, but they are less likely to know of
this risk.
(4) There is a pervasive lack of awareness among healthcare
providers that cardiovascular disease is the leading killer of
women.
(5) Women are less likely than men to receive certain
treatments for cardiovascular diseases, perhaps due to lack of
awareness and the presence of different symptoms in women than
in men.
(6) Women tend to experience later onset of heart disease
than men, and therefore more often suffer from multiple
conditions that mask symptoms of heart disease and complicate
treatment.
(7) Certain diagnostic tests for cardiovascular disease may
be less accurate in women than in men.
(8) Drug effectiveness and metabolism differ in women and
men, impacting successful treatment of cardiovascular disease.
(9) In addition, stroke kills 2.3 times as many females as
does breast cancer. Nearly 61 percent of stroke-related deaths
occur in females. Studies have found differences in the
effects, diagnosis, and treatment of stroke depending on the
sex of the patient. For instance--
(A) stroke severity is greater in women than in
men;
(B) women often receive fewer diagnostic tests and
intervention procedures than men; and
(C) strokes present treatment issues unique to
women.
SEC. 3. REPORTING OF DATA IN APPLICATIONS FOR DRUGS, BIOLOGICS, AND
DEVICES.
(a) New Drug Applications.--Section 505(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(b)) is amended by adding at the
end the following:
``(6)(A) Notwithstanding any other provision of this Act, the
applicant shall include in any submission to the Secretary pursuant to
this subsection, to the extent appropriate, information stratified by
sex, race, and ethnicity, including any differences in safety and
effectiveness.
``(B) The Secretary shall withhold approval of an application if
the applicant fails to submit the required information described in
subparagraph (A).
``(C) The Secretary shall develop standards to ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under subparagraph (A).
``(D) Upon the approval under this subsection of an application for
a drug, the Secretary shall report to the scientific community and make
available to the public, in a timely manner, data regarding such drug
stratified by sex, race, and ethnicity.''.
(b) Investigational New Drug Applications.--Section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) is amended--
(1) in paragraph (2), by inserting ``and paragraph (5)''
after ``Subject to paragraph (3)''; and
(2) by adding at the end the following:
``(5)(A) Notwithstanding any other provision of this Act, the
manufacturer or sponsor of an investigation of a new drug shall include
in any submission to the Secretary pursuant to this subsection on the
clinical investigation of the new drug and to the extent appropriate,
information stratified by sex, race, and ethnicity, including any
differences in safety and effectiveness.
``(B) The Secretary shall place a clinical hold (as described in
paragraph (3)) on an investigation if the manufacturer or sponsor of
the investigation fails to submit the required information described in
subparagraph (A).
``(C) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection on clinical
investigations of new drugs are adequately reviewed to determine
whether such submissions include the information required under this
paragraph.''.
(c) Abbreviated New Drug Applications.--Section 505(j) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended--
(1) in paragraph (2)(A), by inserting before the period at
the end the following: ``, subject to paragraph (10)'';
(2) in paragraph (3)(A), by adding at the end the
following: ``The Secretary shall require such individuals who
review such applications to ensure that such applications
include the information on sex, race, and ethnicity data
required under paragraph (10).'';
(3) in paragraph (4)--
(A) in subparagraph (J), by striking ``or'' after
the semicolon;
(B) in subparagraph (K), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(L) the application does not include appropriate
information stratified by sex, race, and ethnicity, as
required under paragraph (10).''; and
(4) by adding at the end the following:
``(10)(A) Notwithstanding any other provision of this Act, a person
shall include in any submission to the Secretary pursuant to this
subsection appropriate drug information stratified by sex, race, and
ethnicity, including any differences in safety and effectiveness.
``(B) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under this paragraph.
``(C) Upon the approval under this subsection of an application for
a drug, the Secretary shall report to the scientific community and make
available to the public, in a timely manner, data regarding such drug
stratified by sex, race, and ethnicity.''.
(d) Premarket Approvals.--Section 515 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360e) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (F), by striking
``and'' at the end;
(ii) in subparagraph (G), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(H) information regarding the device, to the extent
appropriate, stratified by sex, race, and ethnicity, including
differences in safety and effectiveness.''; and
(B) by adding at the end the following:
``(5) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under paragraph (1)(H).''; and
(2) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (D), by striking ``or''
at the end;
(ii) in subparagraph (E), by striking the
period and inserting ``; or''; and
(iii) by inserting after subparagraph (E),
the following:
``(F) the application does not contain, as appropriate, the
information required in subsection (c)(1)(H).''; and
(B) by adding at the end the following:
``(7) Upon the approval of an application under this section, the
Secretary shall report to the scientific community and make available
to the public, in a timely manner, data regarding such device
stratified by sex, race, and ethnicity.''.
(e) Investigational Device Exemptions.--Section 520(g)(2) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(g)) is amended--
(1) in subparagraph (B), by adding at the end the
following:
``(iv) A requirement that any application include
information regarding the device, to the extent appropriate,
stratified by sex, race, and ethnicity, including differences
in safety and effectiveness.''; and
(2) by adding at the end the following:
``(D) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under subparagraph (B)(iv).''.
(f) Biological Product Licenses.--Section 351(a)(2) of the Public
Health Service Act (42 U.S.C. 262) is amended by adding at the end the
following:
``(D)(i) Notwithstanding any other provision of this Act, the
applicant shall include in any application to the Secretary pursuant to
this section appropriate information regarding the subject biological
product stratified by sex, race, and ethnicity, including differences
in safety and effectiveness.
``(ii) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this section are adequately
reviewed to determine whether such submissions include the information
required under clause (i).
``(iii) Upon the approval of an application under this subsection,
the Secretary shall report to the scientific community and make
available to the public, in a timely manner, data regarding such
biological product stratified by sex, race, and ethnicity.''.
(g) GAO Study.--Not later than 2 years after the date of enactment
of this section, the Comptroller General of the United States shall
study the drug approval processes of the Food and Drug Administration
to ensure that the Food and Drug Administration is complying with the
amendments made by this section.
SEC. 4. REPORTING AND ANALYSIS OF PATIENT SAFETY DATA.
(a) Data Standards.--Section 923(b) of the Public Health Service
Act (42 U.S.C. 299b-23(b)) is amended by adding at the end the
following: ``The Secretary shall provide that all nonidentifiable
patient safety work product reported to and among the network of
patient safety databases be stratified by sex.''.
(b) Use of Information.--Section 923(c) of the Public Health
Service Act (42 U.S.C. 299b-23(c)) is amended by adding at the end the
following: ``Such analyses take into account data that specifically
relates to women and any disparities between treatment and the quality
of care between males and females.''.
SEC. 5. QUALITY OF CARE REPORTS BY THE AGENCY FOR HEALTHCARE RESEARCH
AND QUALITY.
Section 903 of the Public Health Service Act (42 U.S.C. 299a-1) is
amended--
(1) in subsection (b)(1)(B), by inserting before the
semicolon the following: ``, including quality of and access to
care for women with heart disease, stroke, and other
cardiovascular diseases''; and
(2) in subsection (c), by adding at the end the following:
``(4) Annual report on women and heart disease.--Not later
than September 30, 2007, and annually thereafter, the
Secretary, acting through the Director, shall prepare and
submit to Congress a report concerning the findings related to
the quality of and access to care for women with heart disease,
stroke, and other cardiovascular diseases. The report shall
contain recommendations for eliminating disparities in, and
improving the treatment of, heart disease, stroke, and other
cardiovascular diseases in women.''.
SEC. 6. EDUCATIONAL CAMPAIGNS.
(a) Distribution of Educational Material.--The Secretary of Health
and Human Services (referred to in this section as the ``Secretary'')
shall develop and distribute to females who are age 65 or older,
physicians, and other appropriate healthcare professionals, educational
materials relating to the prevention, diagnosis, and treatment of heart
disease, stroke, and cardiovascular diseases in women. The Secretary
may carry out this subsection through contracts with public and private
nonprofit entities.
(b) Healthcare Professional Educational Campaign.--The Secretary,
acting through the Bureau of Health Professions of the Health Resources
and Services Administration, shall conduct an education and awareness
campaign for physicians and other healthcare professionals relating to
the prevention, diagnosis, and treatment of heart disease, stroke, and
other cardiovascular diseases in women. The Bureau of Health
Professions may carry out this subsection through contracts with public
and private nonprofit entities.
SEC. 7. EXTENSION OF WISEWOMAN.
There are authorized to be appropriated such sums as may be
necessary for each fiscal year to enable the Director of the Centers
for Disease Control and Prevention to implement Well-Integrated
Screening and Evaluation for Women Across the Nation (WISEWOMAN)
program projects in all States and territories, which may include
projects among Indian tribes. | Heart Disease Education, Analysis Research, and Treatment for Women Act or the HEART for Women Act - Amends the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to require an application for approval or for investigation of a drug, device, or biological product to include information stratified by sex, race, and ethnicity, including any differences in safety and effectiveness. Requires the Secretary of Health and Human Services to: (1) withhold approval of such an application or place a clinical hold on an investigation if such information is not included; and (2) report to the scientific community and make information available to the public on such stratified data upon approval of an application.
Requires the Comptroller General to study the drug approval process to ensure compliance with this Act.
Requires the Secretary to require that all nonidentifiable patient safety work product reported to a patient safety database be stratified by sex.
Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to report to Congress concerning the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases.
Provides for an educational campaign relating to heart disease, stroke, and cardiovascular diseases in women.
Authorizes appropriations to enable the Director of the Centers for Disease Control and Prevention to implement Well-Integrated Screening and Evaluation for Women Across the Nation (WISEWOMAN) program projects in all states and territories. | A bill to amend the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to improve the prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Full Faith and Credit for Child
Support Orders Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there is a large and growing number of child support cases
annually involving disputes between parents who reside in different
States;
(2) the laws by which the courts of different jurisdictions
determine their authority to establish child support orders are not
uniform;
(3) those laws, along with the limits imposed by the Federal
system on the authority of each State to take certain actions
outside its own boundaries--
(A) encourage noncustodial parents to relocate outside the
States where their children and the custodial parents reside to
avoid the jurisdiction of the courts of such States, resulting
in an increase in the amount of interstate travel and
communication required to establish and collect on child
support orders and a burden on custodial parents that is
expensive, time consuming, and disruptive of occupations and
commercial activity;
(B) contribute to the pressing problem of relatively low
levels of child support payments in interstate cases and to
inequities in child support payments levels that are based
solely on the noncustodial parent's choice of residence;
(C) encourage a disregard of court orders resulting in
massive arrearages nationwide;
(D) allow noncustodial parents to avoid the payment of
regularly scheduled child support payments for extensive
periods of time, resulting in substantial hardship for the
children for whom support is due and for their custodians; and
(E) lead to the excessive relitigation of cases and to the
establishment of conflicting orders by the courts of various
jurisdictions, resulting in confusion, waste of judicial
resources, disrespect for the courts, and a diminution of
public confidence in the rule of law; and
(4) among the results of the conditions described in this
subsection are--
(A) the failure of the courts of the States to give full
faith and credit to the judicial proceedings of the other
States;
(B) the deprivation of rights of liberty and property
without due process of law;
(C) burdens on commerce among the States; and
(D) harm to the welfare of children and their parents and
other custodians.
(b) Statement of Policy.--In view of the findings made in
subsection (a), it is necessary to establish national standards under
which the courts of the various States shall determine their
jurisdiction to issue a child support order and the effect to be given
by each State to child support orders issued by the courts of other
States.
(c) Purposes.--The purposes of this Act are--
(1) to facilitate the enforcement of child support orders among
the States;
(2) to discourage continuing interstate controversies over
child support in the interest of greater financial stability and
secure family relationships for the child; and
(3) to avoid jurisdictional competition and conflict among
State courts in the establishment of child support orders.
SEC. 3. FULL FAITH AND CREDIT FOR CHILD SUPPORT ORDERS.
(a) In General.--Chapter 115 of title 28, United States Code, is
amended by inserting after section 1738A the following new section:
``Sec. 1738B. Full faith and credit for child support orders
``(a) General Rule.--The appropriate authorities of each State--
``(1) shall enforce according to its terms a child support
order made consistently with this section by a court of another
State; and
``(2) shall not seek or make a modification of such an order
except in accordance with subsection (e).
``(b) Definitions.--In this section:
```child' means--
``(A) a person under 18 years of age; and
``(B) a person 18 or more years of age with respect to whom
a child support order has been issued pursuant to the laws of a
State.
```child's State' means the State in which a child resides.
```child support' means a payment of money, continuing support,
or arrearages or the provision of a benefit (including payment of
health insurance, child care, and educational expenses) for the
support of a child.
```child support order'--
``(A) means a judgment, decree, or order of a court
requiring the payment of child support in periodic amounts or
in a lump sum; and
``(B) includes--
``(i) a permanent or temporary order; and
``(ii) an initial order or a modification of an order.
```contestant' means--
``(A) a person (including a parent) who--
``(i) claims a right to receive child support;
``(ii) is a party to a proceeding that may result in
the issuance of a child support order; or
``(iii) is under a child support order; and
``(B) a State or political subdivision of a State to which
the right to obtain child support has been assigned.
```court' means a court or administrative agency of a State
that is authorized by State law to establish the amount of child
support payable by a contestant or make a modification of a child
support order.
```modification' means a change in a child support order that
affects the amount, scope, or duration of the order and modifies,
replaces, supersedes, or otherwise is made subsequent to the child
support order.
```State' means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the territories and
possessions of the United States, and Indian country (as defined in
section 1151 of title 18).
``(c) Requirements of Child Support Orders.--A child support order
made is made consistently with this section if--
``(1) a court that makes the order, pursuant to the laws of the
State in which the court is located--
``(A) has subject matter jurisdiction to hear the matter
and enter such an order; and
``(B) has personal jurisdiction over the contestants; and
``(2) reasonable notice and opportunity to be heard is given to
the contestants.
``(d) Continuing Jurisdiction.--A court of a State that has made a
child support order consistently with this section has continuing,
exclusive jurisdiction over the order if the State is the child's State
or the residence of any contestant unless the court of another State,
acting in accordance with subsection (e), has made a modification of
the order.
``(e) Authority To Modify Orders.--A court of a State may make a
modification of a child support order with respect to a child that is
made by a court of another State if--
``(1) the court has jurisdiction to make such a child support
order; and
``(2)(A) the court of the other State no longer has continuing,
exclusive jurisdiction of the child support order because that
State no longer is the child's State or the residence of any
contestant; or
``(B) each contestant has filed written consent to that court's
making the modification and assuming continuing, exclusive
jurisdiction over the order.
``(f) Enforcement of Prior Orders.--A court of a State that no
longer has continuing, exclusive jurisdiction of a child support order
may enforce the order with respect to nonmodifiable obligations and
unsatisfied obligations that accrued before the date on which a
modification of the order is made under subsection (e).
``(g) Choice of Law.--
``(1) In general.--In a proceeding to establish, modify, or
enforce a child support order, the forum State's law shall apply
except as provided in paragraphs (2) and (3).
``(2) Law of state of issuance of order.--In interpreting a
child support order, a court shall apply the law of the State of
the court that issued the order.
``(3) Period of limitation.--In an action to enforce a child
support order, a court shall apply the statute of limitation of the
forum State or the State of the court that issued the order,
whichever statute provides the longer period of limitation.''.
(b) Technical Amendment.--The chapter analysis for chapter 115 of
title 28, United States Code, is amended by inserting after the item
relating to section 1738A the following new item:
``1738B. Full faith and credit for child support orders.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Full Faith and Credit for Child Support Orders Act - Amends the Federal judicial code to require the appropriate authority of each State to enforce according to its terms a child support order made by a court of another State, provided that the court had subject matter jurisdiction to hear the matter and enter such an order and personal jurisdiction over the contestants and that the contestants were given reasonable notice and opportunity to be heard. Prohibits such an authority from seeking or making a modification of such an order unless the authority has jurisdiction to make such a child support order and: (1) the court of the issuing State no longer has continuing, exclusive jurisdiction of the order because it no longer is the child's State or the residence of any contestant; or (2) each contestant has filed written consent to that authority making the modification and assuming continuing, exclusive jurisdiction over the order. Permits a State court that no longer has continuing jurisdiction over such orders to enforce prior orders with respect to unsatisfied obligations.
Requires that the forum State's law apply in a proceeding to establish, modify, or enforce a child support order, except that in: (1) interpreting a child support order, a court shall apply the law of the State of the court that issued the order; and (2) an action to enforce a child support order, a court shall apply the statute of limitation of the forum State or the State of the court that issued the order, whichever statute provides the longer period of limitation. | Full Faith and Credit for Child Support Orders Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Employee Ownership
Bank Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) between December 2007 and October 2009, payroll
employment in the United States fell by 8,200,000;
(2) between January 2000 and October 2009, the
manufacturing sector lost 5,617,000 jobs;
(3) as of October 2009, fewer than 12,000,000 workers in
the United States were employed in the manufacturing sector,
the fewest number of factory jobs since March 1941;
(4) at the end of 2008, the United States had a trade
deficit of more than $695,936,000,000, including a record-
breaking $268,039,800,000 trade deficit with China;
(5) preserving and increasing decent paying jobs must be a
top priority of Congress;
(6) providing loan guarantees, direct loans, and technical
assistance to employees to buy their own companies will
preserve and increase employment in the United States; and
(7) just as the United States Export-Import Bank was
created in 1934 in the midst of the Great Depression, as a way
to increase United States jobs through exports, the time has
come to establish the United States Employee Ownership Bank
within the Department of the Treasury to preserve and expand
jobs in the United States.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Bank'' means the Unites States Employee
Ownership Bank, established under section 4;
(2) the term ``eligible worker-owned cooperative'' has the
same meaning as in section 1042(c)(2) of the Internal Revenue
Code of 1986;
(3) the term ``employee stock ownership plan'' has the same
meaning as in section 4975(e)(7) of the Internal Revenue Code
of 1986; and
(4) the term ``Secretary'' means the Secretary of the
Treasury.
SEC. 4. ESTABLISHMENT OF UNITED STATES EMPLOYEE OWNERSHIP BANK WITHIN
THE DEPARTMENT OF THE TREASURY.
(a) Establishment of Bank.--
(1) In general.--Before the end of the 90-day period
beginning on the date of enactment of this Act, the Secretary
shall establish the United States Employee Ownership Bank, to
foster increased employee ownership of United States companies
and greater employee participation in company decision making
throughout the United States.
(2) Organization of the bank.--
(A) Management.--The Secretary shall appoint a
Director to serve as the head of the Bank, who shall
serve at the pleasure of the Secretary.
(B) Staff.--The Director may select, appoint,
employ, and fix the compensation of such employees as
are necessary to carry out the functions of the Bank.
(b) Duties of Bank.--The Bank is authorized to provide loans, on a
direct or guaranteed basis, which may be subordinated to the interests
of all other creditors--
(1) to purchase a company through an employee stock
ownership plan or an eligible worker-owned cooperative, which
shall be at least 51 percent employee owned, or will become at
least 51 percent employee owned as a result of financial
assistance from the Bank;
(2) to allow a company that is less than 51 percent
employee owned to become at least 51 percent employee owned;
(3) to allow a company that is already at least 51 percent
employee owned to increase the level of employee ownership at
the company; and
(4) to allow a company that is already at least 51 percent
employee owned to expand operations and increase or preserve
employment.
(c) Preconditions.--Before the Bank makes any subordinated loan or
guarantees a loan under subsection (b)(1), a business plan shall be
submitted to the bank that--
(1) shows that--
(A) not less than 51 percent of all interests in
the company is or will be owned or controlled by an
employee stock ownership plan or eligible worker-owned
cooperative;
(B) the board of directors of the company is or
will be elected by shareholders on a one share to one
vote basis or by members of the eligible worker-owned
cooperative on a one member to one vote basis, except
that shares held by the employee stock ownership plan
will be voted according to section 409(e) of the
Internal Revenue Code of 1986, with participants
providing voting instructions to the trustee of the
employee stock ownership plan in accordance with the
terms of the employee stock ownership plan and the
requirements of that section 409(e); and
(C) all employees will receive basic information
about company progress and have the opportunity to
participate in day-to-day operations; and
(2) includes a feasibility study from an objective third
party with a positive determination that the employee stock
ownership plan or eligible worker-owned cooperative will
generate enough of a margin to pay back any loan, subordinated
loan, or loan guarantee that was made possible through the
Bank.
(d) Terms and Conditions for Loans and Loan Guarantees.--
Notwithstanding any other provision of law, a loan that is provided or
guaranteed under this section shall--
(1) bear interest at an annual rate, as determined by the
Secretary--
(A) in the case of a direct loan under this Act--
(i) sufficient to cover the cost of
borrowing to the Department of the Treasury for
obligations of comparable maturity; or
(ii) of 4 percent; and
(B) in the case of a loan guaranteed under this
section, in an amount that is equal to the current
applicable market rate for a loan of comparable
maturity; and
(2) have a term not to exceed 12 years.
SEC. 5. EMPLOYEE RIGHT OF FIRST REFUSAL BEFORE PLANT OR FACILITY
CLOSING.
Section 3 of the Worker Adjustment and Retraining Notification Act
(29 U.S.C. 2102) is amended--
(1) in the section heading, by adding at the end the
following: ``; employee stock ownership plans or eligible
worker owned cooperatives''; and
(2) by adding at the end the following:
``(e) Employee Stock Ownership Plans and Eligible Worker-Owned
Cooperatives.--
``(1) General rule.--If an employer orders a plant or
facility closing in connection with the termination of its
operations at such plant or facility, the employer shall offer
its employees an opportunity to purchase such plant or facility
through an employee stock ownership plan (as that term is
defined in section 4975(e)(7) of the Internal Revenue Code of
1986) or an eligible worker-owned cooperative (as that term is
defined in section 1042(c)(2) of the Internal Revenue Code of
1986) that is at least 51 percent employee owned. The value of
the company which is to be the subject of such plan or
cooperative shall be the fair market value of the plant or
facility, as determined by an appraisal by an independent third
party jointly selected by the employer and the employees. The
cost of the appraisal may be shared evenly between the employer
and the employees.
``(2) Exemptions.--Paragraph (1) shall not apply--
``(A) if an employer orders a plant closing, but
will retain the assets of such plant to continue or
begin a business within the United States; or
``(B) if an employer orders a plant closing and
such employer intends to continue the business
conducted at such plant at another plant within the
United States.''.
SEC. 6. REGULATIONS ON SAFETY AND SOUNDNESS AND PREVENTING COMPETITION
WITH COMMERCIAL INSTITUTIONS.
Before the end of the 90-day period beginning on the date of
enactment of this Act, the Secretary of the Treasury shall prescribe
such regulations as are necessary to implement this Act and the
amendments made by this Act, including--
(1) regulations to ensure the safety and soundness of the
Bank; and
(2) regulations to ensure that the Bank will not compete
with commercial financial institutions.
SEC. 7. COMMUNITY REINVESTMENT CREDIT.
Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C.
2903) is amended by adding at the end the following new subsection:
``(l) Establishment of Employee Stock Ownership Plans and Eligible
Worker-Owned Cooperatives.--In assessing and taking into account, under
subsection (a), the record of a financial institution, the appropriate
Federal financial supervisory agency may consider as a factor capital
investments, loans, loan participation, technical assistance, financial
advice, grants, and other ventures undertaken by the institution to
support or enable employees to establish employee stock ownership plans
or eligible worker-owned cooperatives (as those terms are defined in
sections 4975(e)(7) and 1042(c)(2) of the Internal Revenue Code of
1986, respectively), that are at least 51 percent employee-owned plans
or cooperatives.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act, $500,000,000 for fiscal year 2010, and such sums as may
be necessary thereafter. | United States Employee Ownership Bank Act - Directs the Secretary of the Treasury to establish the United States Employee Ownership Bank to foster increased employee ownership and greater employee participation in company decision making throughout the United States.
Authorizes the Bank to make loans, on a direct or guaranteed basis, and which may be subordinated to the interests of all other creditors, to employees to purchase a company through an employee stock ownership plan or eligible worker-owned cooperative which is at least 51% employee owned, or will become so as a result of Bank assistance.
Authorizes the bank also to allow: (1) a company that is less than 51% employee owned to become at least 51% employee owned; and (2) allow a company that is already at least 51% employee owned to increase the level of employee ownership, expand operations, and increase or preserve employment.
Amends the Worker Adjustment and Retraining Notification Act to require the employer, if it orders a plant or facility closing in connection with the termination of its operations there, to offer its employees an opportunity to purchase such plant or facility through an employee stock ownership plan or an eligible worker-owned cooperative that is at least 51% employee owned.
Exempts from such requirement an employer that orders a plant closing: (1) but will retain the plant assets to continue or begin a business within the United States; or (2) intends to continue the business conducted at such plant at another plant within the United States.
Amends the Community Reinvestment Act of 1977 to authorize the appropriate federal financial supervisory agency, in assessing and taking into account the record of a financial institution during an examination, to consider capital investments, loans, loan participation, technical assistance, financial advice, grants, and other ventures undertaken by the institution to support or enable employees to establish employee stock ownership plans or eligible worker-owned cooperatives that are at least 51% employee-owned. | A bill to provide for the establishment of the United States Employee Ownership Bank, and for other purposes. |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Approximately 60 percent of Indian tribe members and
Native Alaskans live on or adjacent to Indian lands, which
suffer from an average unemployment rate of 45 percent.
(2) Indian tribe members and Native Alaskans own more than
197,000 businesses and generate more than $34,000,000,000 in
revenues. The service industry accounted for 17 percent of
these businesses (of which 40 percent were engaged in business
and personal services) and 15.1 percent of their total
receipts. The next largest was the construction industry (13.9
percent and 15.7 percent, respectively). The third largest was
the retail trade industry (7.5 percent and 13.4 percent,
respectively).
(3) The number of businesses owned by Indian tribe members
and Native Alaskans grew by 84 percent from 1992 to 1997, and
their gross receipts grew by 179 percent in that period. This
is compared to all businesses which grew by 7 percent, and
their total gross receipts grew by 40 percent, in that period.
(4) The Small Business Development Center program is cost
effective. Clients receiving long-term counseling under the
program in 1998 generated additional tax revenues of
$468,000,000, roughly 6 times the cost of the program to the
Federal Government.
(5) Using the existing infrastructure of the Small Business
Development Center program, small businesses owned by Indian
tribe members, Native Alaskans, and Native Hawaiians receiving
services under the program will have a higher survival rate
than the average small business not receiving such services.
(6) Business counseling and technical assistance is
critical on Indian lands where similar services are scarce and
expensive.
(7) Increased assistance through counseling under the Small
Business Development Center program has been shown to reduce
the default rate associated with lending programs of the Small
Business Administration.
(b) Purposes.--The purposes of this Act are as follows:
(1) To stimulate economies on Indian lands.
(2) To foster economic development on Indian lands.
(3) To assist in the creation of new small businesses owned
by Indian tribe members, Native Alaskans, and Native Hawaiians
and expand existing ones.
(4) To provide management, technical, and research
assistance to small businesses owned by Indian tribe members,
Native Alaskans, and Native Hawaiians.
(5) To seek the advice of local Tribal Councils on where
small business development assistance is most needed.
(6) To ensure that Indian tribe members, Native Alaskans,
and Native Hawaiians have full access to existing business
counseling and technical assistance available through the Small
Business Development Center program.
SEC. 2. SMALL BUSINESS DEVELOPMENT CENTER ASSISTANCE TO INDIAN TRIBE
MEMBERS, NATIVE ALASKANS, AND NATIVE HAWAIIANS.
(a) In General.--Section 21(a) of the Small Business Act (15 U.S.C.
648(a)) is amended by adding at the end the following:
``(7) Additional grant to assist indian tribe members,
native alaskans, and native hawaiians.--
``(A) In general.--Any applicant in an eligible
State that is funded by the Administration as a Small
Business Development Center may apply for an additional
grant to be used solely to provide services described
in subsection (c)(3) to assist with outreach,
development, and enhancement on Indian lands of small
business startups and expansions owned by Indian tribe
members, Native Alaskans, and Native Hawaiians.
``(B) Eligible states.--For purposes of
subparagraph (A), an eligible State is a State that has
a combined population of Indian tribe members, Natives
Alaskans, and Native Hawaiians that comprises at least
1 percent of the State's total population, as shown by
the latest available census.
``(C) Grant applications.--An applicant for a grant
under subparagraph (A) shall submit to the Associate
Administrator an application that is in such form as
the Associate Administrator may require. The
application shall include information regarding the
applicant's goals and objectives for the services to be
provided using the grant, including--
``(i) the capability of the applicant to
provide training and services to a
representative number of Indian tribe members,
Native Alaskans, and Native Hawaiians;
``(ii) the location of the Small Business
Development Center site proposed by the
applicant;
``(iii) the required amount of grant
funding needed by the applicant to implement
the program; and
``(iv) the extent to which the applicant
has consulted with local Tribal Councils.
``(D) Applicability of grant requirements.--An
applicant for a grant under subparagraph (A) shall
comply with all of the requirements of this section,
except that the matching funds requirements of
paragraph (4)(A) shall not apply.
``(E) Maximum amount of grants.--No applicant may
receive more than $300,000 in grants under this
paragraph in a fiscal year.
``(F) Regulations.--After providing notice and an
opportunity for comment and after consulting with the
Association recognized by the Administration pursuant
to paragraph (3)(A) (but not later than 180 days after
the date of enactment of this paragraph), the
Administrator shall issue final regulations to carry out this
paragraph, including regulations that establish--
``(i) standards relating to educational,
technical, and support services to be provided
by Small Business Development Centers receiving
assistance under this paragraph; and
``(ii) standards relating to any work plan
that the Associate Administrator may require a
Small Business Development Center receiving
assistance under this paragraph to develop.
``(G) Definitions.--In this paragraph, the
following definitions apply:
``(i) Associate administrator.--The term
`Associate Administrator' means the Associate
Administrator for Small Business Development
Centers.
``(ii) Indian lands.--The term `Indian
lands' has the meaning given the term `Indian
country' in section 1151 of title 18, United
States Code, the meaning given the term `Indian
reservation' in section 151.2 of title 25, Code
of Federal Regulations (as in effect on the
date of enactment of this paragraph), and the
meaning given the term `reservation' in section
4 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1903).
``(iii) Indian tribe.--The term `Indian
tribe' has the meaning given such term in
section 8(a)(13).
``(iv) Indian tribe member.--The term
`Indian tribe member' means a member of an
Indian tribe (other than a Native Alaskan).
``(v) Native alaskan.--The term `Native
Alaskan' has the meaning given the term
`Native' in section 3(b) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602(b)).
``(vi) Native hawaiian.--The term `Native
Hawaiian' means any individual who is a
descendant of the aboriginal people, who prior
to 1778, occupied and exercised sovereignty in
the area that now constitutes the State of
Hawaii.
``(H) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $7,000,000 for each of fiscal years 2004
through 2006.
``(I) Funding limitations.--
``(i) Nonapplicability of certain
limitations.--Funding under this paragraph
shall be in addition to the dollar program
limitations specified in paragraph (4).
``(ii) Limitation on use of funds.--The
Administration may carry out this paragraph
only with amounts appropriated in advance
specifically to carry out this paragraph.''.
SEC. 3. STATE CONSULTATION WITH LOCAL TRIBAL COUNCILS.
Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is
amended by adding at the end the following:
``(9) Advice of local tribal counsels.--A State receiving
grants under this section shall request the advice of local
Tribal Councils on how best to provide assistance to Indian
tribe members, Native Alaskans, and Native Hawaiians and where
to locate satellite centers to provide such assistance.''.
Passed the House of Representatives March 31, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | (This measure has not been amended since it was introduced in the House on March 6, 2003. The summary of that version is repeated here.)Amends the Small Business Act to authorize a Small Business Development Center in an eligible State to apply for an additional Small Business Administration grant to be used solely to provide services to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions owned by Indian tribe members, Native Alaskans, and Native Hawaiians (members and Natives). Defines an eligible State as one in which at least one percent of its population is comprised of such members and Natives. Limits each grant to $300,000 in a fiscal year.Requires a State receiving such a grant to request the advice of local tribal councils on how best to provide assistance to such members or Natives and where to locate satellite centers to provide such assistance. | To amend the Small Business Act to expand and improve the assistance provided by Small Business Development Centers to Indian tribe members, Native Alaskans, and Native Hawaiians. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Semitism Awareness Act of
2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Title VI of the Civil Rights Act of 1964 (referred to
in the section as ``title VI'') is one of the principal
antidiscrimination statutes enforced by the Department of
Education's Office for Civil Rights.
(2) Title VI prohibits discrimination on the basis of race,
color, or national origin.
(3) Both the Department of Justice and the Department of
Education have properly concluded that title VI prohibits
discrimination against Jews, Muslims, Sikhs, and members of
other religious groups when the discrimination is based on the
group's actual or perceived shared ancestry or ethnic
characteristics or when the discrimination is based on actual
or perceived citizenship or residence in a country whose
residents share a dominant religion or a distinct religious
identity.
(4) A September 8, 2010, letter from Assistant Attorney
General Thomas E. Perez to Assistant Secretary for Civil Rights
Russlynn H. Ali stated that ``[a]lthough Title VI does not
prohibit discrimination on the basis of religion,
discrimination against Jews, Muslims, Sikhs, and members of
other groups violates Title VI when that discrimination is
based on the group's actual or perceived shared ancestry or
ethnic characteristics''.
(5) To assist State and local educational agencies and
schools in their efforts to comply with Federal law, the
Department of Education periodically issues Dear Colleague
letters. On a number of occasions, these letters set forth the
Department of Education's interpretation of the statutory and
regulatory obligations of schools under title VI.
(6) On September 13, 2004, the Department of Education
issued a Dear Colleague letter regarding the obligations of
schools (including colleges) under title VI to address
incidents involving religious discrimination. The 2004 letter
specifically notes that ``since the attacks of September 11,
2001, OCR has received complaints of race or national origin
harassment commingled with aspects of religious discrimination
against Arab Muslim, Sikh, and Jewish students.''.
(7) An October 26, 2010, Dear Colleague letter issued by
the Department of Education stated, ``While Title VI does not
cover discrimination based solely on religion, groups that face
discrimination on the basis of actual or perceived shared
ancestry or ethnic characteristics may not be denied protection
under Title VI on the ground that they also share a common
faith. These principles apply not just to Jewish students, but
also to students from any discrete religious group that shares,
or is perceived to share, ancestry or ethnic characteristics
(e.g., Muslims or Sikhs).''.
(8) Anti-Semitism remains a persistent, disturbing problem
in elementary and secondary schools and on college campuses.
(9) Jewish students are being threatened, harassed, or
intimidated in their schools (including on their campuses) on
the basis of their shared ancestry or ethnic characteristics
including through harassing conduct that creates a hostile
environment so severe, pervasive, or persistent so as to
interfere with or limit some students' ability to participate
in or benefit from the services, activities, or opportunities
offered by schools.
(10) The 2010 Dear Colleague letter cautioned schools that
they ``must take prompt and effective steps reasonably
calculated to end the harassment, eliminate any hostile
environment, and its effects, and prevent the harassment from
recurring,'' but did not provide guidance on current
manifestation of anti-Semitism, including discriminatory anti-
Semitic conduct that is couched as anti-Israel or anti-Zionist.
(11) The definition and examples referred to in paragraphs
(1) and (2) of section 3 have been valuable tools to help
identify contemporary manifestations of anti-Semitism, and
include useful examples of discriminatory anti-Israel conduct
that crosses the line into anti-Semitism.
(12) Awareness of this definition of anti-Semitism will
increase understanding of the parameters of contemporary anti-
Jewish conduct and will assist the Department of Education in
determining whether an investigation of anti-Semitism under
title VI is warranted.
SEC. 3. DEFINITIONS.
For purposes of this Act, the term ``definition of anti-
Semitism''--
(1) includes the definition of anti-Semitism set forth by
the Special Envoy to Monitor and Combat Anti-Semitism of the
Department of State in the Fact Sheet issued on June 8, 2010,
as adapted from the Working Definition of Anti-Semitism of the
European Monitoring Center on Racism and Xenophobia (now known
as the European Union Agency for Fundamental Rights); and
(2) includes the examples set forth under the headings
``Contemporary Examples of Anti-Semitism'' and ``What is Anti-
Semitism Relative to Israel?'' of the Fact Sheet.
SEC. 4. RULE OF CONSTRUCTION FOR TITLE VI OF THE CIVIL RIGHTS ACT OF
1964.
In reviewing, investigating, or deciding whether there has been a
violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.) on the basis of race, color, or national origin, based on an
individual's actual or perceived shared Jewish ancestry or Jewish
ethnic characteristics, the Department of Education shall take into
consideration the definition of anti-Semitism as part of the
Department's assessment of whether the alleged practice was motivated
by anti-Semitic intent.
SEC. 5. CONSTITUTIONAL PROTECTIONS.
Nothing in this Act, or an amendment made by this Act, shall be
construed to diminish or infringe upon any right protected under the
First Amendment to the Constitution of the United States. | Anti-Semitism Awareness Act of 2016 This bill requires the Department of Education (ED), when reviewing whether there has been a violation of title VI of the Civil Rights Act of 1964 (prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance) based on an individual's actual or perceived shared Jewish ancestry or Jewish ethnic characteristics, to consider the definition of "anti-Semitism" as part of its assessment of whether the alleged practice was motivated by anti-Semitic intent. For purposes of this bill, the definition of "anti-Semitism" is the definition set forth by the Special Envoy to Monitor and Combat Anti-Semitism of the Department of State in the Fact Sheet issued on June 8, 2010, as adapted from the Working Definition of Anti-Semitism of the European Monitoring Center on Racism and Xenophobia (now known as the European Union Agency for Fundamental Rights). | Anti-Semitism Awareness Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Big Thicket National Preserve
Addition Act of 1993''.
SEC. 2. ADDITIONS TO THE BIG THICKET NATIONAL PRESERVE.
(a) Additions.--Subsection (b) of the first section of the Act
entitled ``An Act to authorize the establishment of the Big Thicket
National Preserve in the State of Texas, and for other purposes'',
approved October 11, 1974 (16 U.S.C. 698), hereafter referred to as the
``Act'', is amended as follows:
(1) Strike out ``map entitled `Big Thicket National Preserve'''
and all that follows through ``Secretary of the Interior (hereafter
referred to as the `Secretary')'' and insert in lieu thereof ``map
entitled `Big Thicket National Preserve', dated October 1992, and
numbered 175-80008, which shall be on file and available for public
inspection in the offices of the National Park Service, Department
of the Interior, and the offices of the Superintendent of the
preserve. After advising the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Natural
Resources of the United States House of Representatives, in writing,
the Secretary of the Interior (hereafter referred to as the
`Secretary') may make minor revisions of the boundaries of the
preserve when necessary by publication of a revised drawing or other
boundary description in the Federal Register. The Secretary''.
(2) Strike out ``and'' at the end of the penultimate
undesignated paragraph relating to Little Pine Island-Pine Island
Bayou corridor unit.
(3) Strike out the period in the ultimate undesignated paragraph
relating to Lance Rosier unit and insert in lieu thereof ``;''.
(4) Add at the end thereof the following:
``Village Creek Corridor unit, Hardin County, Texas, comprising
approximately four thousand seven hundred and ninety-three acres;
``Big Sandy Corridor unit, Hardin, Polk, and Tyler Counties,
Texas, comprising approximately four thousand four hundred and
ninety-seven acres; and
``Canyonlands unit, Tyler County, Texas, comprising
approximately one thousand four hundred and seventy-six acres.''.
(b) Acquisition.--(1) Subsection (c) of the first section of such
Act is amended by striking out the first sentence and inserting in lieu
thereof the following: ``The Secretary is authorized to acquire by
donation, purchase with donated or appropriated funds, transfer from any
other Federal agency, or exchange, any lands, waters, or interests
therein which are located within the boundaries of the preserve:
Provided, That privately owned lands located within the Village Creek
Corridor, Big Sandy Corridor, and Canyonlands units may be acquired only
with the consent of the owner: Provided further, That the Secretary may
acquire lands owned by commercial timber companies only by donation or
exchange: Provided further, That any lands owned by the State of Texas,
or any political subdivisions thereof may be acquired by donation
only.''.
(2) Add at the end of the first section of such Act the following
new subsections:
``(d) Within sixty days after the date of enactment of this
subsection, the Secretary and the Secretary of Agriculture shall
identify lands within their jurisdiction located within the vicinity of
the preserve which may be suitable for exchange for commercial timber
lands within the preserve. In so doing, the Secretary of Agriculture
shall seek to identify for exchange National Forest lands that are near
or adjacent to private lands that are already owned by the commercial
timber companies. Such National Forest lands shall be located in the
Sabine National Forest in Sabine County, Texas, in the Davy Crockett
National Forest south of Texas State Highway 7, or in other sites deemed
mutually agreeable, and within reasonable distance of the timber
companies' existing mills. In exercising this exchange authority, the
Secretary and the Secretary of Agriculture may utilize any authorities
or procedures otherwise available to them in connection with land
exchanges, and which are not inconsistent with the purposes of this Act.
Land exchanges authorized pursuant to this subsection shall be of equal
value and shall be completed as soon as possible, but no later than two
years after date of enactment of this subsection.
``(e) With respect to the thirty-seven-acre area owned by the
Louisiana-Pacific Corporation or its subsidiary, Kirby Forest
Industries, Inc., on Big Sandy Creek in Hardin County, Texas, and now
utilized as part of the Indian Springs Youth Camp (H.G. King Abstract
822), the Secretary shall not acquire such area without the consent of
the owner so long as the area is used exclusively as a youth camp.''.
(c) Publication of Boundary Description.--Not later than six months
after the date of enactment of this subsection, the Secretary shall
publish in the Federal Register a detailed description of the boundary
of the Village Creek Corridor unit, the Big Sandy Corridor unit, and the
Canyonlands unit of the Big Thicket National Preserve.
(d) Authorization of Appropriations.--Section 6 of such Act is
amended by adding at the end thereof the following new sentence:
``Effective upon date of enactment of this sentence, there is authorized
to be appropriated such sums as may be necessary to carry out the
purposes of subsections (c) and (d) of the first section.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Big Thicket National Preserve Addition Act of 1993 - Expands the boundaries of the Big Thicket National Preserve, Texas, through the addition of specified lands in Hardin, Polk, and Tyler Counties, Texas. Requires the Secretaries of Agriculture and of the Interior to exchange commercial timberlands within and in the vicinity of the Preserve.
Prohibits the Secretary of the Interior from acquiring a specified area owned by the Louisiana-Pacific Corporation or its subsidiary, Kirby Forest Industries, Inc., without the owner's consent as long as the area is used exclusively as a youth camp.
Authorizes appropriations. | Big Thicket National Preserve Addition Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No More Tulias: Drug Law Enforcement
Evidentiary Standards Improvement Act of 2007''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) In recent years it has become clear that programs
funded by the Edward Byrne Memorial Justice Assistance Grant
program (referred to in this Act as the ``Byrne grants
program'') have perpetuated racial disparities, corruption in
law enforcement, and the commission of civil rights abuses
across the country. This is especially the case when it comes
to the program's funding of hundreds of regional antidrug task
forces because the grants for these antidrug task forces have
been dispensed to State governments with very little Federal
oversight and have been prone to misuse and corruption.
(2) Numerous Government Accountability Office reports have
found that the Department of Justice has inadequately monitored
grants provided under the Byrne grants program. A 2001 General
Accounting Office report found that one-third of the grants did
not contain required monitoring plans. Seventy percent of files
on such grants did not contain required progress reports.
Forty-one percent of such files did not contain financial
reports covering the full grant period. A 2002 report by the
Heritage Foundation reported that ``there is virtually no
evidence'' that the Byrne grants program has been successful in
reducing crime and that the program lacks ``adequate measures
of performance''.
(3) A 2002 report by the American Civil Liberties Union of
Texas identified 17 recent scandals involving antidrug task
forces in Texas that receive funds under the Byrne grants
program. Such scandals include cases of the falsification of
government records, witness tampering, fabricating evidence,
false imprisonment, stealing drugs from evidence lockers,
selling drugs to children, large-scale racial profiling, sexual
harassment, and other abuses of official capacity. Recent
scandals in other States include the misuse of millions of
dollars in Byrne grants program money in Kentucky and
Massachusetts, wrongful convictions based on police perjury in
Missouri, and negotiations with drug offenders to drop or lower
their charges in exchange for money or vehicles in Alabama,
Arkansas, Georgia, Massachusetts, New York, Ohio, and
Wisconsin.
(4) The most well-known Byrne-funded task force scandal
occurred in Tulia, Texas, where dozens of African American
residents (totaling over 16 percent of the town's African
American population) were arrested, prosecuted, and sentenced
to decades in prison, based solely on the uncorroborated
testimony of one undercover officer whose background included
past allegations of misconduct, sexual harassment, unpaid
debts, and habitual use of a racial epithet. The undercover
officer was allowed to work alone, and not required to provide
audiotapes, video surveillance, or eyewitnesses to corroborate
his allegations. Despite the lack of physical evidence or
corroboration, the charges were vigorously prosecuted. After
the first few trials resulted in convictions and lengthy
sentences, many defendants accepted plea bargains. Suspicions
regarding the legitimacy of the charges eventually arose after
two of the accused defendants were able to produce convincing
alibi evidence to prove that they were out of State or at work
at the time of the alleged drug purchases. Texas Governor Rick
Perry eventually pardoned the Tulia defendants (after four
years of imprisonment), but these kinds of scandals continue to
plague Byrne grant program spending.
(5) A case arose in a Federal court in Waco, Texas
concerning the wrongful arrests of 28 African Americans out of
4,500 other residents of Hearne, Texas. In November 2000 these
individuals were arrested on charges of possession or
distribution of crack cocaine, and they subsequently filed a
case against the county government. On May 11, 2005, a
magistrate judge found sufficient evidence that a Byrne-funded
anti-drug task force had routinely targeted African Americans
to hold the county liable for the harm suffered by the
plaintiffs. Plaintiffs in that lawsuit alleged that for the
past 15 years, based on the uncorroborated tales of informants,
task force members annually raided the African American
community in eastern Hearne to arrest the residents identified
by the confidential informants, resulting in the arrest and
prosecution of innocent citizens without cause. On the eve of
trial the counties involved in the Hearne task force scandal
settled the case, agreeing to pay financial damages to the
plaintiffs.
(6) Scandals related to the Byrne grants program have grown
so prolific that the Texas legislature has passed several
reforms in response to them, including outlawing racial
profiling and changing Texas law to prohibit drug offense
convictions based solely on the word of an undercover
informant. The Criminal Jurisprudence Committee of the Texas
House of Representatives issued a report in 2004 recommending
that all of the State's federally funded antidrug task forces
be abolished because they are inherently prone to corruption.
The Committee reported, ``Continuing to sanction task force
operations as stand-alone law enforcement entities--with
widespread authority to operate at will across multiple
jurisdictional lines--should not continue. The current approach
violates practically every sound principle of police oversight
and accountability applicable to narcotics interdiction.'' The
Texas legislature passed a law that ends the ability of a
narcotics task force to operate as an entity with no clear
accountability. The legislation transfers authority for
multicounty drug task forces to the Department of Public Safety
and channels one-quarter of asset forfeiture proceeds received
by the task forces to a special fund to support drug abuse
prevention programs, drug treatment, and other programs
designed to reduce drug use in the county where the assets are
seized.
(7) Texas's ``corroboration'' law was passed thanks to a
coalition of Christian conservatives and civil rights
activists. As one Texas preacher related, requiring
corroboration ``puts a protective hedge around the ninth
commandment, `You shall not bear false witness against your
neighbor.' As long as people bear false witness against their
neighbors, this Biblical law will not be outdated.''
(8) During floor debate, conservative Texas legislators
pointed out that Mosaic law requires corroboration: ``One
witness shall not rise up against a man for any iniquity, or
for any sin, in any sin that he sinneth: at the mouth of two
witnesses, or at the mouth of three witnesses, shall the matter
be established.'' Deuteronomy 19:15. Jesus concurred with the
corroboration rule: ``If thy brother shall trespass against
thee, go and tell him his fault between thee and him alone. . .
. But if he will not hear thee, then take with thee one or two
more, that in the mouth of two or three witnesses every word
may be established.'' Matthew 18:15-16.
(9) Texas's ``corroboration'' law had an immediate positive
impact. Once prosecutors needed more than just the word of one
person to convict someone of a drug offense they began
scrutinizing law enforcement tactics. This new scrutiny led to
the uncovering of massive corruption and civil rights abuse by
the Dallas police force. In what became known nationally as the
``Sheetrock'' scandal, Dallas police officers and undercover
informants were found to have set up dozens of innocent people,
mostly Mexican immigrants, by planting fake drugs on them
consisting of chalk-like material used in Sheetrock and other
brands of wallboard. The revelations led to the dismissal of
over 40 cases (although some of those arrested were already
deported). In April 2005, a former Dallas narcotics detective
was sentenced to five years in prison for his role in the
scheme. Charges against others are pending.
(10) Many regional antidrug task forces receive up to 75
percent of their funding from the Byrne grant program. As such,
the United States Government is accountable for corruption and
civil rights abuses inherent in their operation.
(b) Sense of Congress.--It is the sense of Congress that--
(1) grants under the Byrne grants program should be
prohibited for States that do not exercise effective control
over antidrug task forces;
(2) at a minimum, no State that fails to prohibit criminal
convictions based solely on the testimony of a law enforcement
officer or informants should receive a grant under such
program; and
(3) corroborative evidence, such as video or audio tapes,
drugs, and money, should always be required for such criminal
convictions to be sustained.
SEC. 3. LIMITATION ON RECEIPT OF BYRNE GRANT FUNDS AND OTHER DEPARTMENT
OF JUSTICE LAW ENFORCEMENT ASSISTANCE.
(a) Limitation.--For any fiscal year, a State shall not receive any
amount that would otherwise be allocated to that State under section
505(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3755(a)), or any amount from any other law enforcement
assistance program of the Department of Justice, unless the State--
(1) does not fund any antidrug task forces for that fiscal
year; or
(2) has in effect throughout the State laws that ensure--
(A) a person is not convicted of a drug offense
unless the fact that a drug offense was committed, and
the fact that the person committed that offense, are
each supported by evidence other than the eyewitness
testimony of a law enforcement officer or an individual
acting on behalf of a law enforcement officer; and
(B) a law enforcement officer does not participate
in an antidrug task force unless the honesty and
integrity of that officer is evaluated and found to be
at an appropriately high level.
(b) Regulations.--The Attorney General shall prescribe regulations
to carry out subsection (a).
(c) Reallocation.--Amounts not allocated by reason of subsection
(a) shall be reallocated to States not disqualified by failure to
comply with such subsection.
SEC. 4. COLLECTION OF DATA.
(a) In General.--A State that receives Federal funds pursuant to
eligibility under section 3(a)(2), with respect to a fiscal year, shall
collect data, for the most recent year for which funds were allocated
to such State, with respect to the--
(1) racial distribution of charges made during that year;
(2) nature of the criminal law specified in the charges
made; and
(3) city or law enforcement jurisdiction in which the
charges were made.
(b) Report.--As a condition of receiving Federal funds pursuant to
section 3(a)(2), a State shall submit to Congress the data collected
under subsection (a) by not later than the date that is 180 days prior
to the date on which such funds are awarded for a fiscal year. | No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2007 - Prohibits a state from receiving for a fiscal year any drug control and system improvement (Byrne) grant funds under the Omnibus Crime Control and Safe Streets Act of 1968, or any amount from any other law enforcement assistance program of the Department of Justice, unless the state does not fund any antidrug task forces for that fiscal year or the state has in effect laws that ensure that: (1) a person is not convicted of a drug offense unless the facts that a drug offense was committed and that the person committed that offense are supported by evidence other than the eyewitness testimony of a law enforcement officer (officer) or individuals acting on an officer's behalf; and (2) an officer does not participate in a antidrug task force unless that officer's honesty and integrity is evaluated and found to be at an appropriately high level.
Requires states receiving federal funds under this Act to collect data on the racial distribution of drug charges, the nature of the criminal law specified in the charges, and the jurisdictions in which such charges are made. | To increase the evidentiary standard required to convict a person for a drug offense, to require screening of law enforcement officers or others acting under color of law participating in drug task forces, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assuring Fiscal Honesty and
Accountability Act of 2004''.
SEC. 2. EXTENSION OF THE DISCRETIONARY SPENDING CAPS.
(a) In General.--Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
(1) in paragraph (2), by inserting a dash after ``2005'',
by redesignating the remaining matter as subparagraph (B) and
moving it two ems to the right, and by inserting before such
redesignated matter the following:
``(A) for the discretionary category:
$822,903,000,000 in new budget authority and
$902,920,000,000 in outlays; and'';
(2) in paragraph (3), by inserting a dash after ``2006'',
by redesignating the remaining matter as subparagraph (B) and
moving it two ems to the right, and by inserting before such
redesignated matter the following:
``(A) for the discretionary category:
$845,042,000,000 in new budget authority and
$894,031,000,000 in outlays; and'';
(3) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively, and inserting after
paragraph (3) the following new paragraphs:
``(4) with respect to fiscal year 2007 for the
discretionary category: $870,003,000,000 in new budget
authority and $900,651,000,000 in outlays; and''.
(b) Expiration.--Section 275 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900 note) is amended by striking
subsection (b).
SEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT.
(a) Purpose.--Section 252(a) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking ``2002'' and
inserting ``2009''.
(b) Sequestration.--Section 252(b)(1) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2009''.
SEC. 4. AUTOMATIC BUDGET ENFORCEMENT FOR MEASURES CONSIDERED ON THE
FLOOR.
(a) In General.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:
``budget evasion points of order
``Sec. 316. (a) Discretionary Spending Caps.--It shall not be in
order in the House of Representatives or the Senate to consider any
bill or resolution (or amendment, motion, or conference report on that
bill or resolution) that waives or suspends the enforcement of section
251 of the Balanced Budget and Emergency Deficit Control Act of 1985 or
otherwise would alter the spending limits set forth in that section.
``(b) Pay-As-You-Go.--It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution (or
amendment, motion, or conference report on that bill or resolution)
that waives or suspends the enforcement of section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 or otherwise would
alter the balances of the pay-as-you-go scorecard pursuant to that
section.
``(c) Directed Scoring.--It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution (or
amendment, motion, or conference report on that bill or resolution)
that directs the scorekeeping of any bill or resolution.
``(d) Far-Outyears.--It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution (or
amendment, motion, or conference report on that bill or resolution)
that contains a provision providing new budget authority or which
reduces revenues which first takes effect after the first five fiscal
years covered in the most recently adopted concurrent resolution on the
budget and would have the effect of reducing the surplus or increasing
the deficit in any fiscal year.
``(e) Enforcement in the House of Representatives.--(1) It shall
not be in order in the House of Representatives to consider a rule or
order that waives the application of this section.
``(2)(A) This subsection shall apply only to the House of
Representatives.
``(B) In order to be cognizable by the Chair, a point of order
under this section must specify the precise language on which it is
premised.
``(C) As disposition of points of order under this section, the
Chair shall put the question of consideration with respect to the
proposition that is the subject of the points of order.
``(D) A question of consideration under this section shall be
debatable for 10 minutes by each Member initiating a point of order and
for 10 minutes by an opponent on each point of order, but shall
otherwise be decided without intervening motion except one that the
House adjourn or that the Committee of the Whole rise, as the case may
be.
``(E) The disposition of the question of consideration under this
subsection with respect to a bill or joint resolution shall be
considered also to determine the question of consideration under this
subsection with respect to an amendment made in order as original
text.''.
(b) Waiver and Appeal in the Senate.--Section 904 of the
Congressional Budget Act of 1974 is amended--
(1) in subsection (c)(1), by inserting ``316,'' after
``313,''; and
(2) in subsection (d)(2), by inserting ``316,'' after
``313,''.
(c) Table of Contents.--The table of contents for the Congressional
Budget Act of 1974 is amended by inserting after the item for section
315 the following:
``Sec. 316. Budget evasion points of order.''.
SEC. 5. DISCLOSURE OF INTEREST COSTS.
Section 308(a)(1) of the Congressional Budget Act of 1974 (2 U.S.C.
639(a)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) containing a projection by the Congressional
Budget Office of the cost of the debt servicing that
would be caused by such measure for such fiscal year
(or fiscal years) and each of the four ensuing fiscal
years.''.
SEC. 6. ACCOUNTABILITY IN EMERGENCY SPENDING.
(a) OMB Emergency Criteria.--Section 3 of the Congressional Budget
and Impoundment Control Act of 1974 is amended by adding at the end the
following new paragraph:
``(11)(A) The term `emergency' means a situation that--
``(i) requires new budget authority and
outlays (or new budget authority and the
outlays flowing therefrom) for the prevention
or mitigation of, or response to, loss of life
or property, or a threat to national security;
and
``(ii) is unanticipated.
``(B) As used in subparagraph (A), the term
`unanticipated' means that the situation is--
``(i) sudden, which means quickly coming
into being or not building up over time;
``(ii) urgent, which means a pressing and
compelling need requiring immediate action;
``(iii) unforeseen, which means not
predicted or anticipated as an emerging need;
and
``(iv) temporary, which means not of a
permanent duration.''.
(b) Development of Guidelines for Application of Emergency
Definition.--Not later than five months after the date of enactment of
this Act, the chairmen of the Committees on the Budget (in consultation
with the President) shall, after consulting with the chairmen of the
Committees on Appropriations and applicable authorizing committees of
their respective Houses and the Directors of the Congressional Budget
Office and the Office of Management and Budget, jointly publish in the
Congressional Record guidelines for application of the definition of
emergency set forth in section 3(11) of the Congressional Budget and
Impoundment Control Act of 1974.
(c) Separate House Vote on Emergency Designation.--(1) Rule XXII of
the Rules of the House of Representatives is amended by adding at the
end the following new clause:
``13. In the consideration of any measure for amendment in the
Committee of the Whole containing any emergency spending designation,
it shall always be in order unless specifically waived by terms of a
rule governing consideration of that measure, to move to strike such
emergency spending designation from the portion of the bill then open
to amendment.''.
(2) The Committee on Rules shall include in the report required by
clause 1(d) of rule XI (relating to its activities during the Congress)
of the Rules of the House of Representatives a separate item
identifying all waivers of points of order relating to emergency
spending designations, listed by bill or joint resolution number and
the subject matter of that measure.
(d) Committee Notification of Emergency Legislation.--Whenever the
Committee on Appropriations or any other committee of either House
(including a committee of conference) reports any bill or joint
resolution that provides budget authority for any emergency, the report
accompanying that bill or joint resolution (or the joint explanatory
statement of managers in the case of a conference report on any such
bill or joint resolution) shall identify all provisions that provide
budget authority and the outlays flowing therefrom for such emergency
and include a statement of the reasons why such budget authority meets
the definition of an emergency pursuant to the guidelines described in
subsection (b).
SEC. 7. APPLICATION OF BUDGET ACT POINTS OF ORDER TO UNREPORTED
LEGISLATION.
(a) Section 315 of the Congressional Budget Act of 1974 is amended
by striking ``reported'' the first place it appears.
(b) Section 303(b) of the Congressional Budget Act of 1974 is
amended--
(1) in paragraph (1), by striking ``(A)'' and by
redesignating subparagraph (B) as paragraph (2) and by striking
the semicolon at the end of such new paragraph (2) and
inserting a period; and
(2) by striking paragraph (3).
SEC. 8. BUDGET COMPLIANCE STATEMENTS.
Clause 3(d) of rule XIII of the Rules of the House of
Representatives is amended by adding at the end the following new
subparagraph:
``(4) A budget compliance statement prepared by the
chairman of the Committee on the Budget, if timely submitted
prior to the filing of the report, which shall include
assessment by such chairman as to whether the bill or joint
resolution complies with the requirements of sections 302, 303,
306, 311, and 401 of the Congressional Budget Act of 1974 or
any other requirements set forth in a concurrent resolution on
the budget and may include the budgetary implications of that
bill or joint resolution under section 251 or 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
applicable.''.
SEC. 9. REQUIREMENTS FOR BUDGET ACT WAIVERS IN THE HOUSE OF
REPRESENTATIVES.
(a) Justification for Budget Act Waivers.--Clause 6 of rule XIII of
the Rules of the House of Representatives is amended by adding at the
end the following new paragraph:
``(h) It shall not be in order to consider any resolution from the
Committee on Rules for the consideration of any reported bill or joint
resolution which waives section 302, 303, 311, or 401 of the
Congressional Budget Act of 1974, unless the report accompanying such
resolution includes a description of the provision proposed to be
waived, an identification of the section being waived, the reasons why
such waiver should be granted, and an estimated cost of the provisions
to which the waiver applies.''.
(b) Separate Vote to Waive Major Budget Act Point of Order.--(1)
Section 905 of the Congressional Budget Act of 1974 is amended by
adding at the end the following new subsection:
``(h)(1) It shall not be in order in the House of Representatives
to consider a rule or order that waives the application of a major
budget act point of order as defined in paragraph (2).
``(2) For the purposes of this subsection, the term `major budget
point of order' means any point of order arising under any section
listed in section 904.
``(3)(A) In order to be cognizable by the Chair, a point of order
under the sections referenced in paragraph (2) must specify the precise
language on which it is premised.
``(B) As disposition of points of order under the sections
referenced in paragraph (2), the Chair shall put the question of
consideration with respect to the proposition that is the subject of
the points of order.
``(C) A question of consideration under the sections referenced in
paragraph (2) shall be debatable for 10 minutes by each Member
initiating a point of order and for 10 minutes by an opponent on each
point of order, but shall otherwise be decided without intervening
motion except one that the House adjourn or that the Committee of the
Whole rise, as the case may be.
``(D) The disposition of the question of consideration under this
subsection with respect to a bill or joint resolution shall be
considered also to determine the question of consideration under this
subsection with respect to an amendment made in order as original
text.''.
SEC. 10. CBO SCORING OF CONFERENCE REPORTS.
(a) The first sentence of section 402 of the Congressional Budget
Act of 1974 is amended as follows:
(1) Insert ``or conference report thereon,'' before ``and
submit''.
(2) In paragraph (1), strike ``bill or resolution'' and
insert ``bill, joint resolution, or conference report''.
(3) At the end of paragraph (2) strike ``and'', at the end
of paragraph (3) strike the period and insert ``; and'', and
after such paragraph (3) add the following new paragraph:
``(4) A determination of whether such bill, joint
resolution, or conference report provides direct spending.''.
(b) The second sentence of section 402 of the Congressional Budget
Act of 1974 is amended by inserting before the period the following:
``, or in the case of a conference report, shall be included in the
joint explanatory statement of managers accompanying such conference
report if timely submitted before such report is filed''. | Assuring Honesty and Accountability Act of 2004 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to extend through FY 2007 the spending limits (spending caps) for the discretionary categories in new budget authority and outlays. Extends pay-as-you-go requirements through FY 2009. Extends specified budget enforcement mechanisms through FY 2009. Amends the Congressional Budget Act of 1974 concerning legislation which: (1) evades specified budget enforcement mechanisms; (2) provides direct spending (to be included in the Congressional Budget Office (CBO) analysis (scoring)); and (3) is unreported by committee (for purposes of budget point of order rules). Requires reports on legislation which provide new budget, spending, or credit authority or otherwise provide an increase or decrease in revenues or tax expenditures to include a projection by CBO of the cost of debt servicing (interest). Amends the Congressional Budget and Impoundment Control Act of 1974 to address issues of emergency spending through: (1) establishing criteria and guidelines; and (2) requiring a separate House vote on an emergency designation. Amends the Rules of the House of Representatives concerning: (1) budget compliance statements (permitting inclusion of budgetary implications); (2) requirements for budget act waivers (inclusion mandatory for bill consideration); and (3) a separate vote to waive a major budget act point of order. | To amend the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget Act of 1974 to extend the discretionary spending caps and the pay-as-you-go requirement, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firefighter Investment and Response
Enhancement (FIRE) Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Increased demands on firefighting personnel have made
it difficult for local governments to adequately fund necessary
fire safety precautions.
(2) The Federal government has an obligation to protect the
health and safety of the firefighting personnel of the United
States and to ensure that they have the financial resources to
protect the public.
(3) The high rates in the United States of death, injury,
and property damage caused by fires demonstrates a critical
need for Federal investment in support of firefighting
personnel.
SEC. 3. GRANT PROGRAM.
(a) Authority.--In accordance with this Act, the Director of the
Federal Emergency Management Agency (in this Act referred to as the
``Director'') may make grants on a competitive basis to fire
departments for the purpose of protecting the health and safety of the
public and firefighting personnel against fire and fire-related
hazards.
(b) Establishment of Office for Administration of Grants.--Before
making grants under subsection (a), the Director shall establish an
office in the Federal Emergency Management Agency to establish spe-
cific criteria for the selection of grant recipients and to administer
the grants.
(c) Use of Grant Funds.--The Director may make a grant under
subsection (a) only if the applicant for the grant agrees to use grant
funds for any of the following:
(1) To hire additional firefighting personnel.
(2) To train firefighting personnel in firefighting,
emergency response, arson prevention and detection, or the
handling of hazardous materials, or to train such personnel to
provide any of the training described in this paragraph.
(3) To fund the creation of rapid intervention teams to
protect firefighting personnel at the scenes of fires and other
emergencies.
(4) To certify fire inspectors.
(5) To establish wellness and fitness programs for
firefighting personnel to ensure that such personnel can carry
out their duties.
(6) To fund emergency medical services provided by fire
departments.
(7) To acquire additional firefighting vehicles, including
fire trucks.
(8) To acquire additional firefighting equipment, including
equipment for communications and monitoring.
(9) To acquire personal protective equipment required for
firefighting personnel by the Occupational Safety and Health
Administration, and other personal protective equipment for
firefighting personnel.
(10) To modify fire stations, fire training facilities, and
other facilities to protect the health and safety of
firefighting personnel.
(11) To enforce fire codes.
(12) To fund fire prevention programs.
(13) To educate the public about arson prevention and
detection.
(d) Matching Requirement.--The Director may make a grant under
subsection (a) only if the applicant for the grant agrees to match with
non-Federal funds 10 percent of the funds received under subsection (a)
in any fiscal year.
(e) Maintenance of Expenditures--The Director may make a grant
under subsection (a) only if the applicant for the grant agrees to
maintain for the fiscal year in which the grant will be received its
aggregate expenditures for uses described in subsection (c) at or above
the average level of such expenditures in the 2 fiscal years preceding
the fiscal year in which the grant will be received.
(f) Report to the Director.--The Director may make a grant under
subsection (a) only if the applicant for the grant agrees to submit to
the Director a report, including a description of how grant funds were
used, with respect to each fiscal year for which a grant was received.
(g) Variety of Grant Recipients.--The Director shall ensure that
grants under subsection (a) for a fiscal year are made to a variety of
fire departments, including, to the extent that there are eligible
applicants--
(1) paid, volunteer, and combination fire departments;
(2) fire departments located in communities of varying
size; and
(3) fire departments located in urban, suburban, and rural
communities.
(h) Limitation on Firefighting Vehicles.--The Director shall ensure
that not more than 25 percent of the assistance made available under
subsection (a) in a fiscal year is used for purposes authorized under
section (c)(7).
(i) Limitation on Administrative Costs.--Of amounts made available
under section 4 for a fiscal year, the Director may use not more than
10 percent for the administrative costs of carrying out this Act.
(j) Application.--The Director may make a grant under subsection
(a) only if the fire department seeking the grant submits to the
Director an application in such form and containing such information as
the Director may require.
(k) Firefighting Personnel Defined.--In this Act the term
``firefighting personnel'' means individuals, including volunteers, who
are firefighters, officers of fire departments, or emergency medical
service personnel of fire departments.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
For the purposes of carrying out this Act, there is authorized to
be appropriated to the Director $1,000,000,000 for each of the fiscal
years 2000 through 2005. | Requires the FEMA Director to establish an office to set specific criteria for the selection of grant recipients and administer the grants.
Authorizes appropriations. | Firefighter Investment and Response Enhancement (FIRE) Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf of Mexico Red Snapper
Conservation Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coastal waters.--The term ``coastal waters'' means all
waters of the Gulf of Mexico--
(A) shoreward of the baseline from which the
territorial sea of the United States is measured; and
(B) seaward from the baseline described in
subparagraph (A) to the inner boundary of the exclusive
economic zone.
(2) Commission.--The term ``Commission'' means the Gulf
States Marine Fisheries Commission.
(3) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given to such term in section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802).
(4) Federal fishery management plan.--The term ``Federal
fishery management plan'' means the Fishery Management Plan for
the Reef Fish Resources of the Gulf of Mexico prepared by the
Gulf of Mexico Fishery Management Council pursuant to section
622.1 of title 50, Code of Federal Regulations.
(5) Fishery management measure.--The term ``fishery
management measure'' means any policy, process, or tool used by
a Gulf coastal State to implement the fishery management plan.
(6) Fishery management plan.--The term ``fishery management
plan'' means a plan created by the Commission for the
sustainability of Gulf of Mexico red snapper and the economic
and community benefits of each of the Gulf coastal States.
(7) Gulf coastal state.--The term ``Gulf coastal State''
means any of--
(A) Alabama;
(B) Florida;
(C) Louisiana;
(D) Mississippi; or
(E) Texas.
(8) Gulf of mexico red snapper.--The term ``Gulf of Mexico
red snapper'' means members of stocks or populations of the
species Lutjanis campechanus, which ordinarily are found
shoreward of coastal waters.
(9) Overfishing.--The term ``overfishing'' has the meaning
given to such term in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 3. DATA COLLECTION STRATEGY FOR GULF OF MEXICO RED SNAPPER.
Not later than one year after the date of the enactment of this
Act, the Commission, with the support of the Secretary, shall prepare
and adopt by vote a strategy for the collection of data on the Gulf of
Mexico red snapper fishery that shall include--
(1) measures to enhance interstate collaboration on the
collection of data regarding the Gulf of Mexico red snapper
fishery; and
(2) a plan to undertake annual stock assessments of Gulf of
Mexico red snapper.
SEC. 4. ADOPTING A FISHERY MANAGEMENT PLAN.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Commission shall prepare and adopt by vote a
fishery management plan and submit the plan to the Secretary.
(b) Requirements.--In adopting a fishery management plan under
subsection (a), the Commission shall ensure--
(1) adequate opportunity for public participation prior to
a vote under subsection (a), including--
(A) at least 1 public hearing held in each Gulf
coastal State; and
(B) procedures for submitting written comments on
the fishery management plan to the Commission and for
making such comments and responses of the Commission
available to the public; and
(2) that such plan contains standards and procedures for
the long-term sustainability of Gulf of Mexico red snapper
based on the available science.
(c) Limitations on Quotas.--The fishery management plan shall
address the quotas of Gulf of Mexico red snapper on the date of the
enactment of this Act as follows:
(1) Based on stock assessments, the fishery management plan
may increase the quota apportioned to commercial fishing in a
fair and equitable manner.
(2) Except as provided in paragraph (3), the fishery
management plan shall not reduce such quota until the date that
is 3 years after the date of the enactment of this Act.
(3) If there is a reduction in the stock of Gulf of Mexico
red snapper prior to the date specified in paragraph (2), the
fishery management plan shall reduce quotas apportioned to all
fishing sectors in a fair and equitable manner that ensures a
sustainable harvest of Gulf of Mexico red snapper.
(d) Gulf Coastal State Requirements.--The fishery management plan
shall describe standards of compliance for Gulf coastal States to use
in developing fishery management measures.
SEC. 5. REVIEW AND CERTIFICATION BY SECRETARY.
(a) Plan Review.--The Secretary shall review the fishery management
plan submitted pursuant to section 4 to determine if the plan--
(1) is compatible, to the extent practicable, with section
301 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1851); and
(2) will ensure the long-term sustainability of Gulf of
Mexico red snapper populations.
(b) Plan Certification.--The Secretary shall determine whether to
certify the fishery management plan based on the review conducted under
subsection (a).
(c) Failure To Certify.--If the Secretary does not certify the
fishery management plan under subsection (b), the Secretary shall
submit a written explanation to the Commission explaining why the plan
was not certified. The Commission may submit a new fishery management
plan to the Secretary pursuant to section 4.
(d) Time for Secretary Response.--If the Secretary fails to act
pursuant to subsection (b) within 120 days of receipt of the fishery
management plan, the plan shall be treated as certified by the
Secretary.
SEC. 6. STATE IMPLEMENTATION OF THE FISHERY MANAGEMENT PLAN.
(a) Management Measures Deadline.--The Commission shall establish a
deadline for each Gulf coastal State to submit fishery management
measures to the Commission.
(b) Review and Approval.--Within 60 days of receipt of the fishery
management measures, the Commission shall review and approve such
measures that ensure each Gulf coastal State is in compliance with the
objectives of the fishery management plan.
(c) Revocation of Federal Management.--The Commission shall certify
to the Secretary that the Commission has approved the fishery
management measures submitted under subsection (a) for all Gulf coastal
States. Upon receipt of the certification, the Secretary shall--
(1) publish a notice in the Federal Register revoking those
regulations and portions of the Federal fishery management plan
that are in conflict with the fishery management plan submitted
under section 4, including the deletion of the Gulf of Mexico
red snapper from the Federal fishery management plan; and
(2) transfer management of Gulf of Mexico red snapper to
the Gulf coastal States.
(d) Implementation.--Upon the transfer of management described in
subsection (c)(2), each Gulf coastal State shall implement the measures
approved under subsection (b).
SEC. 7. COMMISSION OVERSIGHT RESPONSIBILITIES.
(a) Implementation and Enforcement of Fishery Management
Measures.--In December of the year following the transfer of management
described in section 6(c)(2), and at any other time the Commission
considers appropriate after that December, the Commission shall
determine if--
(1) each Gulf coastal State has fully adopted and
implemented fishery management measures;
(2) such measures continue to be in compliance with the
fishery management plan; and
(3) the enforcement of such measures by each Gulf coastal
State is satisfactory to maintain the long-term sustainability
and abundance of Gulf of Mexico red snapper.
(b) Certification of Overfishing and Rebuilding Plans.--If the Gulf
of Mexico red snapper in a Gulf coastal State is experiencing
overfishing or is subject to a rebuilding plan, that Gulf coastal State
shall submit a certification to the Commission showing that such
State--
(1) has implemented the necessary measures to end
overfishing or rebuild the fishery; and
(2) in consultation with the National Oceanic and
Atmospheric Administration, has implemented a program to
provide for data collection adequate to monitor the harvest of
Gulf of Mexico red snapper by such Gulf coastal State.
SEC. 8. OPPORTUNITY TO REMEDY.
(a) In General.--If the Commission finds that a Gulf coastal State
is noncompliant under section 7, the Commission shall offer assistance
to that Gulf coastal State to remedy the finding of noncompliance.
(b) Notification to Secretary for Continued Noncompliance.--If,
after such time as determined by the Commission, the Gulf coastal State
receiving assistance described in subsection (a) remains noncompliant,
the Commission shall vote on whether to notify the Secretary.
SEC. 9. CLOSURE OF THE GULF OF MEXICO RED SNAPPER FISHERY.
(a) Conditions for Closure.--Not later than 60 days after the
receipt of a notice under section 8(b), the Secretary may declare a
closure of the Gulf of Mexico red snapper fishery within the Federal
waters adjacent to the waters of the Gulf coastal State that is the
subject of such notice.
(b) Considerations.--Prior to making a declaration under subsection
(a) the Secretary shall consider the comments of such Gulf coastal
State and the Commission.
(c) Actions Prohibited During Closure.--During a closure of the
Gulf of Mexico red snapper fishery under subsection (a), it is unlawful
for any person--
(1) to engage in fishing for Gulf of Mexico red snapper
within the Federal waters adjacent to the waters of the Gulf
coastal State covered by the closure;
(2) to land, or attempt to land, the Gulf of Mexico red
snapper to which the closure applies; or
(3) to fail to return to the water any Gulf of Mexico red
snapper to which the closure applies that are caught incidental
to commercial harvest or in other recreational fisheries.
SEC. 10. ECONOMIC ANALYSIS AND REPORT.
(a) Economic Analysis of Gulf of Mexico Red Snapper Fishery.--The
Secretary, in consultation with the Gulf coastal States and the
Commission, shall conduct a study and analysis of the economic impacts
for the local, regional, and national economy of the Gulf of Mexico red
snapper fishery. The study shall include an analysis of--
(1) the beneficial economic impacts on industries directly
related to the Gulf of Mexico red snapper fishery, including
boat sales, marina activity, boat construction and repair,
fishing gear and tackle sales, and other closely related
industries; and
(2) the downstream economic impacts of the Gulf of Mexico
red snapper fishery on the economies of the Gulf coastal
States, including hotels, restaurants, grocery stores, related
tourism, and other peripheral businesses and industries.
(b) Biennial Reports.--Beginning 2 years after the date of the
enactment of this Act, and every 2 years thereafter, the Secretary
shall submit a report on the findings of the study conducted under
subsection (a) to Congress, the Governor of each of the Gulf coastal
States, and the Commission. Each report shall be made available to the
public and shall include recommendations for additional actions to be
taken to encourage the sustainability of the Gulf of Mexico red snapper
fishery. | Gulf of Mexico Red Snapper Conservation Act of 2013 - Directs the Gulf States Marine Fisheries Commission to: (1) prepare and adopt a data collection strategy for the Gulf of Mexico red snapper fishery, including interstate collaboration measures and a plan for annual stock assessments; and (2) prepare, adopt, and submit to the Secretary of Commerce a fishery management plan providing for the conservation and management of Gulf of Mexico red snapper and describing the standards of compliance for Gulf coastal states (Alabama, Florida, Louisiana, Mississippi, and Texas) to use in developing fishery management measures. Permits an increase in the quota of Gulf of Mexico red snapper apportioned to commercial fishing based on stock assessments. Prohibits such plan, for a three-year period, from reducing such quota, except in the event of a reduction in stock prior to the end of such period in which case the quotas apportioned to all fishing sectors shall be reduced to ensure a sustainable harvest. Directs the Secretary to determine whether the plan: (1) includes fishery management measures compatible with the Magnuson-Stevens Fishery Conservation and Management Act, and (2) ensures the long-term sustainability of Gulf of Mexico red snapper. Requires each Gulf coastal state to submit for the Commission's approval appropriate management measures that ensure compliance with the objectives of the fishery management plan. Directs the Secretary, upon receiving the Commission's certification that the management measures of all such states have been approved, to: (1) revoke federal regulations and portions of the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico that conflict with the plan for Gulf of Mexico red snapper, and (2) transfer management of Gulf of Mexico red snapper to such states. Directs the Commission to determine, periodically, whether state enforcement is satisfactory. Requires the Commission to: (1) offer assistance to noncompliant states, and (2) vote on whether to notify the Secretary when a state remains noncompliant. Authorizes the Secretary to close a fishery within federal waters adjacent to a noncompliant state. Directs the Secretary to report biennially to Congress, the governor of each Gulf coastal state, and the Commission regarding the economic impacts for the local, regional, and national economy of the Gulf of Mexico red snapper fishery. | Gulf of Mexico Red Snapper Conservation Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancement in Pediatric Autism
Research Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Infantile autism and autism spectrum disorders are
biologically-based neurodevelopmental diseases that cause
severe impairments in language and communication and generally
manifest in young children sometime during the first two years
of life.
(2) Best estimates indicate that 1 in 500 children born
today will be diagnosed with an autism spectrum disorder and
that 400,000 Americans have autism or an autism spectrum
disorder.
(3) There is little information on the prevalence of autism
and other pervasive developmental disabilities in the United
States. There have never been any national prevalence studies
in the United States, and the two studies that were conducted
in the 1980s examined only selected areas of the country.
Recent studies in Canada, Europe, and Japan suggest that the
prevalence of classic autism alone may be 300 percent to 400
percent higher than previously estimated.
(4) Three-quarters of those with infantile autism spend
their adult lives in institutions or group homes, and usually
enter institutions by the age of 13.
(5) The cost of caring for individuals with autism and
autism spectrum disorder is great, and is estimated to be $13.3
billion per year solely for direct costs.
(6) The rapid advancements in biomedical science suggest
that effective treatments and a cure for autism are attainable
if--
(A) there is appropriate coordination of the
efforts of the various agencies of the Federal
Government involved in biomedical research on autism
and autism spectrum disorders;
(B) there is an increased understanding of autism
and autism spectrum disorders by the scientific and
medical communities involved in autism research and
treatment; and
(C) sufficient funds are allocated to research.
(7) The discovery of effective treatments and a cure for
autism will be greatly enhanced when scientists and
epidemiologists have an accurate understanding of the
prevalence and incidence of autism.
(8) Recent research suggests that environmental factors may
contribute to autism. As a result, contributing causes of
autism, if identified, may be preventable.
(9) Finding the answers to the causes of autism and related
developmental disabilities may help researchers to understand
other disorders, ranging from learning problems, to
hyperactivity, to communications deficits that affect millions
of Americans.
(10) Specifically, more knowledge is needed concerning--
(A) the underlying causes of autism and autism
spectrum disorders, how to treat the underlying
abnormality or abnormalities causing the severe
symptoms of autism, and how to prevent these
abnormalities from occurring in the future;
(B) the epidemiology of, and the identification of
risk factors for, infantile autism and autism spectrum
disorders;
(C) the development of methods for early medical
diagnosis and functional assessment of individuals with
autism and autism spectrum disorders, including
identification and assessment of the subtypes within
the autism spectrum disorders, for the purpose of
monitoring the course of the disease and developing
medically sound strategies for improving the outcomes
of such individuals;
(D) existing biomedical and diagnostic data that
are relevant to autism and autism spectrum disorders
for dissemination to medical personnel, particularly
pediatricians, to aid in the early diagnosis and
treatment of this disease; and
(E) the costs incurred in educating and caring for
individuals with autism and autism spectrum disorders.
(11) In 1998, the National Institutes of Health announced a
program of research on autism and autism spectrum disorders. A
sufficient level of funding should be made available for
carrying out the program.
SEC. 3. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF
NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON
AUTISM.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following section:
``autism
``Sec. 409C. (a) In General.--
``(1) Expansion of activities.--The Director of NIH (in
this section referred to as the `Director') shall expand,
intensify, and coordinate the activities of the National
Institutes of Health with respect to research on autism.
``(2) Administration of program; collaboration among
agencies.--The Director shall carry out this section acting
through the Director of the National Institute of Mental Health
and in collaboration with any other agencies that the Director
determines appropriate.
``(b) Centers of Excellence.--
``(1) In general.--The Director shall under subsection
(a)(1) make awards of grants and contracts to public or
nonprofit private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic
operating support for centers of excellence regarding research
on autism.
``(2) Research.--Each center under paragraph (1) shall
conduct basic and clinical research into the cause, diagnosis,
early detection, prevention, control, and treatment of autism,
including research in the fields of developmental neurobiology,
genetics, and psychopharmacology.
``(3) Services for patients.--A center under paragraph (1)
may expend amounts provided under such paragraph to carry out a
program to make individuals aware of opportunities to
participate as subjects in research conducted by the centers.
The program may provide fees to such subjects. The program may,
in accordance with such criteria as the Director may establish,
provide to such subjects health care, referrals for health and
other services, and such incidental services as will facilitate
the participation of individuals as such subjects.
``(4) Coordination of centers; reports.--The Director
shall, as appropriate, provide for the coordination of
information among centers under paragraph (1) and ensure
regular communication between such centers, and may require the
periodic preparation of reports on the activities of the
centers and the submission of the reports to the Director.
``(5) Organization of centers.--Each center under paragraph
(1) shall use the facilities of a single institution, or be
formed from a consortium of cooperating institutions, meeting
such requirements as may be prescribed by the Director.
``(6) Number of centers; duration of support.--The Director
shall, subject to the extent of amounts made available in
appropriations Acts, provide for the establishment of not less
than five centers under paragraph (1). Support of such a center
may be for a period not exceeding 5 years. Such period may be
extended for one or more additional periods not exceeding 5
years if the operations of such center have been reviewed by an
appropriate technical and scientific peer review group
established by the Director and if such group has recommended
to the Director that such period should be extended.
``(c) Facilitation of Research.--The Director shall under
subsection (a)(1) provide for a program under which samples of tissues
and genetic materials that are of use in research on autism are
donated, collected, preserved, and made available for such research.
The program shall be carried out in accordance with accepted scientific
and medical standards for the donation, collection, and preservation of
such samples.
``(d) Public Input.--The Director shall under subsection (a)(1)
provide for means through which the public can obtain information on
the existing and planned programs and activities of the National
Institutes of Health with respect to autism and through which the
Director can receive comments from the public regarding such programs
and activities.
``(e) Funding.--For the purpose of carrying out this section, there
are authorized to be appropriated $33,000,000 for fiscal year 2000, and
such sums as may be necessary for each of the fiscal years 2001 through
2004. Such authorizations of appropriations are in addition to any
other authorization of appropriations that is available for such
purpose.''.
SEC. 4. INFORMATION AND EDUCATION.
(a) In General.--The Secretary shall establish and implement a
program to provide information and education on autism to health
professionals and the general public, including information and
education on advances in the diagnosis and treatment of autism and
training and continuing education through programs for scientists,
physicians, and other health professionals who provide care for
patients with autism.
(b) Stipends.--The Secretary may use amounts made available under
this section to provide stipends for health professionals who are
enrolled in training programs under this section.
(c) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $6,000,000 for each of the
fiscal years 2000 through 2004.
SEC. 5. AUTISM COORDINATING COMMITTEE.
(a) Establishment.--The Secretary shall establish a committee to be
known as the ``Autism Coordinating Committee'' (in this section
referred to as the ``Committee'') to coordinate all efforts within the
Department of Health and Human Services concerning autism, including
activities carried out through the National Institutes of Health and
the Centers for Disease Control and Prevention under this Act (and the
amendment made by this Act).
(b) Membership.--
(1) In general.--The Committee shall be composed of ex
officio members in accordance with paragraph (2) and 11
appointed members in accordance with paragraph (3).
(2) Ex officio members.--The following officials shall
serve as ex officio members of the Committee:
(A) The Director of the National Institutes of
Health.
(B) The Director of the National Institute on
Mental Health.
(C) The Director of the Centers for Disease Control
and Prevention.
(D) The Administrator of the Health Resources and
Services Administration.
(3) Appointed members.--Appointments to the Committee shall
be made in accordance with the following:
(A) Two members shall be research scientists with
demonstrated achievements in research related to autism
and related developmental disabilities. The scientists
shall be appointed by the Secretary in consultation
with the National Academy of Sciences.
(B) Five members shall be representatives of the 5
national organizations whose primary emphasis is on
research into autism and other pervasive developmental
disabilities. One representative from each of such
organizations shall be appointed by the Secretary in
consultation with the National Academy of Sciences.
(C) Two members shall be clinicians whose practice
is primarily devoted to the treatment of individuals
with autism and other pervasive developmental
disabilities. The clinicians shall be appointed by the
Secretary in consultation with the Institute of
Medicine and the National Academy of Sciences.
(D) Two members shall be individuals who are the
parents or legal guardians of a person or persons with
autism or other pervasive developmental disabilities.
The individuals shall be appointed by the Secretary in
consultation with the ex officio members under
paragraph (1) and the 5 national organizations referred
to in subparagraph (B).
(c) Administrative Support; Terms of Service; Other Provisions.--
The following shall apply with respect to the Committee:
(1) The Committee shall receive necessary and appropriate
administrative support from the Department of Health and Human
Services.
(2) Members of the Committee shall be appointed for a term
of 3 years, and may serve for an unlimited number of terms if
reappointed.
(3) The Committee shall meet not less than 2 times per
year.
(4) Members of the Committee shall not receive additional
compensation for their service. Such members may receive
reimbursement for appropriate and additional expenses that are
incurred through service on the Committee which would not have
incurred had they not been a member of the Committee.
SEC. 6. REPORT TO CONGRESS.
Not later than January 1, 2000, and each January 1 thereafter, the
Secretary shall prepare and submit to the appropriate committees of
Congress, a report concerning the implementation of this Act and the
amendments made by this Act. | Advancement in Pediatric Autism Research Act - Amends the Public Health Service Act to direct the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate the activities of NIH with respect to autism. Requires the Director, among other things, to make awards of grants and contracts to public or nonprofit entities for centers of excellence regarding research on autism. Authorizes appropriations.
Requires the Secretary of Health and Human Services (HHS) to establish a program to provide information and education on autism to health professionals and the general public. Authorizes appropriations.
Directs the Secretary to establish an Autism Coordinating Committee to coordinate HHS efforts concerning autism. | Advancement in Pediatric Autism Research Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Robert Stodola Homeless Veterans
Assistance Act''.
SEC. 2. DEFINITION.
(a) In General.--Subtitle A of title IV of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended by adding
at the end the following new section:
``SEC. 402. DEFINITION OF VETERAN.
``For purposes of this title, the term `veteran' has the meaning
given such term in section 101 of title 38, United States Code.''.
(b) Clerical Amendment.--The table of contents in section 101(b) of
the Stewart B. McKinney Homeless Assistance Act is amended by inserting
after the item relating to section 401 the following new item:
``Sec. 402. Definition of veteran.''.
SEC. 3. EMERGENCY SHELTER GRANTS PROGRAM.
Section 413 of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11373) is amended by adding at the end the following new
subsection:
``(f) Veterans' Share.--
``(1) In general.--Each metropolitan city, urban county,
State, and Indian tribe for which assistance under this
subtitle is provided shall ensure that not less than 20 percent
of the total amount received by the city, county, State, or
tribe in each fiscal year shall be used for eligible activities
benefiting homeless persons who are veterans.
``(2) Exception.--Upon the request of a metropolitan city,
urban county, State, or Indian tribe, the Secretary may, with
respect to a fiscal year, waive the requirement under paragraph
(1) or reduce the percentage under such paragraph for the city,
county, State, or tribe if the city, county, State, or tribe
demonstrates to the Secretary that, but for such waiver or
reduction, amounts of assistance under this subtitle for the
city, county, State, or tribe will remain unused for an
unreasonable period of time.''.
SEC. 4. SUPPORTIVE HOUSING PROGRAM.
(a) Selection Criteria.--Section 426(b) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11386(b)) is amended--
(1) in paragraph (6) by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) such factors as the Secretary considers necessary to
ensure compliance with the requirements under section
429(b)(4); and''.
(b) Veterans' Share.--Section 429(b) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11389(b)) is amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) not less than 20 percent shall be allocated for use
only for projects and supportive services benefiting homeless
persons who are veterans; except that the Secretary may, with
respect to a fiscal year, waive the requirement under this
paragraph or reduce the percentage if the Secretary determines
(based on approvable applications submitted for assistance
under this subtitle) that, but for such waiver or reduction,
amounts appropriated for such fiscal year to carry out this
subtitle will remain unused for an unreasonable period of
time.''.
SEC. 5. SAFE HAVENS FOR HOMELESS INDIVIDUALS DEMONSTRATION PROGRAM.
(a) Selection Criteria.--Section 434(c) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11394(c)) is amended--
(1) in paragraph (6) by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) such factors as the Secretary considers necessary to
ensure compliance with the requirements under subsection (e);
and''.
(b) Veterans' Share.--Section 434 of the Stewart B. McKinney
Homeless Assistance Act is amended by adding at the end the following
new subsection:
``(e) Veterans' Share.--
``(1) In general.--In making grants to applicants under
this subtitle, the Secretary shall ensure that not less than 20
percent of the amount made available for each fiscal year to
carry out this subtitle is used for eligible activities
benefiting homeless persons who are veterans.
``(2) Exception.--The Secretary may, with respect to a
fiscal year, waive the requirement under paragraph (1) or
reduce the percentage under such paragraph if the Secretary
determines (based on approvable applications submitted for
assistance under this subtitle) that, but for such waiver or
reduction, amounts made available for such fiscal year to carry
out this subtitle will remain unused for an unreasonable period
of time.''.
SEC. 6. SECTION 8 PROGRAM FOR SINGLE ROOM OCCUPANCY DWELLINGS.
(a) Selection Criteria.--The first sentence of section 441(c) of
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11401(c)) is
amended by inserting before the period the following: ``, while
ensuring compliance with the requirements under subsection (k)''.
(b) Veterans' Share.--Section 441 of the Stewart B. McKinney
Homeless Assistance Act is amended by adding at the end the following
new subsection:
``(k) Veterans' Share.--
``(1) In general.--In allocating amounts to applicants
under this section, the Secretary shall ensure that not less
than 20 percent of the amounts made available for each fiscal
year to carry out this section are used for assistance
benefiting homeless persons who are veterans.
``(2) Exception.--The Secretary may, with respect to a
fiscal year, waive the requirement under paragraph (1) or
reduce the percentage under such paragraph if the Secretary
determines (based on approvable applications submitted for
assistance under this section) that, but for such waiver or
reduction, amounts made available for such fiscal year to carry
out this section will remain unused for an unreasonable period
of time.''.
SEC. 7. SHELTER PLUS CARE PROGRAM.
(a) Selection Criteria.--Section 455(a) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11403d(a)) is amended--
(1) in paragraph (8) by striking ``and'' at the end;
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following new
paragraph:
``(9) such factors as the Secretary considers necessary to
ensure compliance with the requirements under subsection (d);
and''.
(b) Veterans' Share.--Section 455 of the Stewart B. McKinney
Homeless Assistance Act is amended by adding at the end the following
new subsection:
``(d) Veterans' Share.--
``(1) In general.--In providing assistance to applicants
under this subtitle, the Secretary shall ensure that not less
than 20 percent of the amount made available for each fiscal
year to carry out this subtitle is used for rental assistance
benefiting homeless persons who are veterans.
``(2) Exception.--The Secretary may, with respect to a
fiscal year, waive the requirement under paragraph (1) or
reduce the percentage under such paragraph if the Secretary
determines (based on approvable applications submitted for
assistance under this subtitle) that, but for such waiver or
reduction, amounts made available for such fiscal year to carry
out this subtitle will remain unused for an unreasonable period
of time.''.
SEC. 8. RURAL HOMELESSNESS GRANT PROGRAM.
Section 491(c) of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11408(c)) is amended by adding at the end the following new
paragraph:
``(4) Veterans' share.--
``(A) In general.--In awarding grants under
subsection (a) for a fiscal year, the Secretary shall
ensure that not less than 20 percent of the amount made
available for the fiscal year for such grants is used
for eligible activities under subsection (b) benefiting
homeless persons who are veterans.
``(B) Exception.--The Secretary may, with respect
to a fiscal year, waive the requirement under
subparagraph (A) or reduce the percentage under such
subparagraph if the Secretary determines (based on
approvable applications submitted for grants under this
section) that, but for such waiver or reduction,
amounts made available for such fiscal year to carry
out this section will remain unused for an unreasonable
period of time.''.
SEC. 9. INNOVATIVE HOMELESS INITIATIVES DEMONSTRATION PROGRAM.
(a) Comprehensive Homeless Initiative.--Section 2(c)(5) of the HUD
Demonstration Act of 1993 (42 U.S.C. 11301 note) is amended--
(1) in subparagraph (E) by striking ``and'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) provides that not less than 20 percent of the
total amount received by the recipient shall be used
for projects and activities benefiting homeless persons
who are veterans; except that, upon the request of a
jurisdiction, the Secretary may, with respect to a
fiscal year, waive the requirement under this
subparagraph or reduce the percentage for such
recipient jurisdiction if the recipient demonstrates to
the Secretary that, but for such waiver or reduction,
assistance amounts under this subsection for the
recipient for such fiscal year will remain unused for
an unreasonable period of time.''.
(b) Innovative Project Funding.--
(1) Selection criteria.--Section 2(d)(3) of the HUD
Demonstration Act of 1993 is amended--
(A) in subparagraph (D) by striking ``and'' at the
end;
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following new subparagraph:
``(E) such factors as the Secretary considers
necessary to ensure compliance with the requirements
under paragraph (4); and''.
(2) Veterans' share.--Section 2(d) of the HUD Demonstration
Act of 1993 is amended by adding at the end the following new
paragraph:
``(4) Veterans' share.--
``(A) In general.--In awarding assistance under
this subsection for a fiscal year, the Secretary shall
ensure that not less than 20 percent of the amount made
available for the fiscal year for such assistance is
used for projects and activities benefiting homeless
persons who are veterans.
``(B) Exception.--The Secretary may, with respect
to a fiscal year, waive the requirement under
subparagraph (A) or reduce the percentage under such
subparagraph if the Secretary determines (based on
approvable applications submitted for assistance under
this subsection) that, but for such waiver or
reduction, amounts made available for such fiscal year
to carry out this subsection will remain unused for an
unreasonable period of time.''.
(c) Definition.--Section 2(b) of the HUD Demonstration Act of 1993
is amended by adding at the end the following new paragraph:
``(7) For purposes of this title, the term `veteran' has
the meaning given such term in section 101 of title 38, United
States Code.''. | Robert Stodola Homeless Veterans Assistance Act - Amends the Stewart B. McKinney Homeless Assistance Act to require each city, county, State, and Indian tribe which is provided assistance under the following programs to ensure that not less than 20 percent of the total amount received by such entity is used for activities benefiting homeless veterans: (1) the emergency shelter grants program; (2) the supportive housing program; (3) the safe havens for homeless individuals demonstration program; (4) a program for single room occupancy dwellings; (5) the shelter plus care program; and (6) the rural homelessness grant program. Provides an identical requirement with respect to the innovative homeless initiatives demonstration program under the HUD Demonstration Act of 1993. Allows a waiver of such requirement in each case upon a determination that general program funds will remain unused for an unreasonable period of time unless the waiver is permitted. | Robert Stodola Homeless Veterans Assistance Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice Against Sponsors of
Terrorism Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) International terrorism is a serious and deadly problem
that threatens the vital interests of the United States.
(2) The Constitution confers upon Congress the power to
punish crimes against the law of nations and therefore Congress
may by law impose penalties on those who provide material
support to foreign organizations engaged in terrorist activity,
and allow for victims of international terrorism to recover
damages from those who have harmed them.
(3) International terrorism affects the interstate and
foreign commerce of the United States by harming international
trade and market stability, and limiting international travel
by United States citizens as well as foreign visitors to the
United States.
(4) Some foreign terrorist organizations, acting through
affiliated groups or individuals, raise significant funds
outside of the United States for conduct directed and targeted
at the United States.
(5) It is necessary to recognize the substantive causes of
action for aiding and abetting and conspiracy liability under
the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 et seq.).
(6) The decision of the United States Court of Appeals for
the District of Columbia in Halberstam v. Welch, 705 F.2d 472
(D.C. Cir. 1983), which has been widely recognized as the
leading case regarding Federal civil aiding and abetting and
conspiracy liability, including by the Supreme Court of the
United States, provides the proper legal framework for how such
liability should function in the context of the Anti-Terrorism
Act of 1987 (22 U.S.C. 5201 et seq.).
(7) The United Nations Security Council declared in
Resolution 1373, adopted on September 28, 2001, that all
countries have an affirmative obligation to ``[r]efrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts,'' and to ``[e]nsure that
any person who participates in the financing, planning,
preparation or perpetration of terrorist acts or in supporting
terrorist acts is brought to justice''.
(8) Consistent with these declarations, no country has the
discretion to engage knowingly in the financing or sponsorship
of terrorism, whether directly or indirectly.
(9) Persons, entities, or countries that knowingly or
recklessly contribute material support or resources, directly
or indirectly, to persons or organizations that pose a
significant risk of committing acts of terrorism that threaten
the security of nationals of the United States or the national
security, foreign policy, or economy of the United States,
necessarily direct their conduct at the United States, and
should reasonably anticipate being brought to court in the
United States to answer for such activities.
(10) The United States has a vital interest in providing
persons and entities injured as a result of terrorist attacks
committed within the United States with full access to the
court system in order to pursue civil claims against persons,
entities, or countries that have knowingly or recklessly
provided material support or resources, directly or indirectly,
to the persons or organizations responsible for their injuries.
(b) Purpose.--The purpose of this Act is to provide civil litigants
with the broadest possible basis, consistent with the Constitution of
the United States, to seek relief against persons, entities, and
foreign countries, wherever acting and wherever they may be found, that
have provided material support, directly or indirectly, to foreign
organizations or persons that engage in terrorist activities against
the United States.
SEC. 3. FOREIGN SOVEREIGN IMMUNITY.
Section 1605(a) of title 28, United States Code, is amended--
(1) by amending paragraph (5) to read as follows:
``(5) not otherwise encompassed in paragraph (2), in which
money damages are sought against a foreign state arising out of
physical injury or death, or damage to or loss of property,
occurring in the United States and caused by the tortious act
or omission of that foreign state or of any official or
employee of that foreign state while acting within the scope of
the office or employment of the official or employee
(regardless of where the underlying tortious act or omission
occurs), including any statutory or common law tort claim
arising out of an act of extrajudicial killing, aircraft
sabotage, hostage taking, terrorism, or the provision of
material support or resources for such an act, or any claim for
contribution or indemnity relating to a claim arising out of
such an act, except this paragraph shall not apply to--
``(A) any claim based upon the exercise or
performance of, or the failure to exercise or perform,
a discretionary function, regardless of whether the
discretion is abused; or
``(B) any claim arising out of malicious
prosecution, abuse of process, libel, slander,
misrepresentation, deceit, interference with contract
rights, or any claim for emotional distress or
derivative injury suffered as a result of an event or
injury to another person that occurs outside of the
United States; or''; and
(2) by inserting after subsection (d) the following:
``(e) Definitions.--For purposes of subsection (a)(5)--
``(1) the terms `aircraft sabotage', `extrajudicial
killing', `hostage taking', and `material support or resources'
have the meanings given those terms in section 1605A(h); and
``(2) the term `terrorism' means international terrorism
and domestic terrorism, as those terms are defined in section
2331 of title 18.''.
SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL ACTIONS REGARDING
TERRORIST ACTS.
(a) In General.--Section 2333 of title 18, United States Code, is
amended by adding at the end the following:
``(d) Liability.--In an action under subsection (a) for an injury
arising from an act of international terrorism committed, planned, or
authorized by an organization that had been designated as a foreign
terrorist organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189), as of the date on which such act of
international terrorism was committed, planned, or authorized, or that
was so designated as a result of such act of international terrorism,
liability may be asserted as to any person who aided, abetted, or
conspired with the person who committed such an act of international
terrorism.''.
(b) Effect on Foreign Sovereign Immunities Act.--Nothing in the
amendments made by this section affects immunity of a foreign state, as
that term is defined in section 1603 of title 28, United States Code,
from jurisdiction under other law.
SEC. 5. PERSONAL JURISDICTION FOR CIVIL ACTIONS REGARDING TERRORIST
ACTS.
Section 2334 of title 18, United States Code, is amended by
inserting at the end the following:
``(e) Personal Jurisdiction.--The district courts shall have
personal jurisdiction, to the maximum extent permissible under the 5th
Amendment to the Constitution of the United States, over any person who
commits or aids and abets an act of international terrorism or
otherwise sponsors such act or the person who committed such act, for
acts of international terrorism in which any national of the United
States suffers injury in his or her person, property, or business by
reason of such an act in violation of section 2333.''.
SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL ACTIONS REGARDING
TERRORIST ACTS.
Section 2337 of title 18, United States Code, is amended to read as
follows:
``Sec. 2337. Suits against Government officials
``No action may be maintained under section 2333 against--
``(1) the United States;
``(2) an agency of the United States; or
``(3) an officer or employee of the United States or any
agency of the United States acting within the official capacity
of the officer or employee or under color of legal
authority.''.
SEC. 7. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be invalid, the remainder of this Act and the
amendments made by this Act, and the application of the provisions and
amendments to any other person not similarly situated or to other
circumstances, shall not be affected by the holding.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall apply to any civil action--
(1) pending on, or commenced on or after, the date of
enactment of this Act; and
(2) arising out of an injury to a person, property, or
business on or after September 11, 2001.
Passed the Senate December 11, 2014.
Attest:
Secretary.
113th CONGRESS
2d Session
S. 1535
_______________________________________________________________________
AN ACT
To deter terrorism, provide justice for victims, and for other
purposes. | Justice Against Sponsors of Terrorism Act - Amends the federal judicial code to include among the exceptions to U.S. jurisdictional immunity of foreign states any statutory or common law tort claim arising out of an act of extrajudicial killing, aircraft sabotage, hostage taking, terrorism, or the provision of material support or resources for such an act, or any claim for contribution or indemnity relating to a claim arising out of such an act. Amends the federal criminal code to: (1) impose liability on any person who aids, abets, or conspires with a person who commits an act of international terrorism that is committed, planned, or authorized by a designated foreign terrorist organization and that injures a U.S. national; and (2) repeal provisions prohibiting civil actions against foreign states or foreign officials for damages related to acts of terrorism. Grants U.S. district courts personal jurisdiction, to the maximum extent permissible under the Fifth Amendment, over any person who commits or aids and abets an act of international terrorism, or who otherwise sponsors such act or the person who committed such an act, that injures a U.S. national. Makes this Act applicable to any civil action: (1) pending on, or commenced on or after, this Act's enactment date; and (2) arising out of an injury to a person, property, or business on or after September 11, 2001. | Justice Against Sponsors of Terrorism Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDA Scientific Fairness for Women
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) With respect to the Office of Women's Health within the
Food and Drug Administration:
(A) When first established, the Office reported
directly to the Commissioner of Food and Drugs.
(B) In the current organization of the Food and
Drug Administration (``FDA''), the Office of Women's
Health is located at the second level reporting within
the Office of the Commissioner and is within the Office
of Science and Health Coordination.
(2) With respect to the regulation by the FDA of silicone
breast implants:
(A) In a draft guidance issued in January 2004, the
FDA asked manufacturers of such implants--
(i) to describe the rates of implant
rupture over the lifetime of the product;
(ii) to describe the incidence of gel
migration resulting from ruptures; and
(iii) to characterize the health
consequences of ruptures and associated
migration.
(B) The FDA approved silicone gel breast implants
in November 2006 despite the lack of data responding to
those three essential questions.
(C) A study published by FDA researchers in 2001,
using magnetic resonance imaging (MRI) to analyze women
whose silicone gel breast implants were an average of
17 years old found that 69 percent of the women had
ruptures in one or both silicone breast implants, and
21 percent experienced gel migration outside the scar
capsule surrounding the implant. Implant manufacturers
have not established whether the implants in their
premarket-approval applications would have similar or
different failure rates and leakage.
(D) In April 2005, a study published in the
American Journal of Surgical Pathology focusing on gel
migration found that 90 percent of the women studied
who had silicone implants showed silicone in their
lymph nodes. The study also showed that 95 percent of
these women had abnormal cells in their lymph nodes,
compared with only 33 percent of women who had breast
cancer surgery but did not have silicone implants. The
Secretary of Health and Human Services has not provided
enforceable conditions to ensure that women are not
harmed by leaking silicone from their breast implants.
(E) In 2003, the United States Government entered
into a settlement with breast implant manufacturers for
reimbursement for medical expenses paid by the
Government for women harmed by silicone gel breast
implants. No information has been made public about the
use of those funds to provide health care or disability
benefits for women harmed by breast implants.
(3) With respect to the applications submitted to the FDA
by Barr Laboratories for approval of the contraceptive drug
marketed as Plan B:
(A) The FDA rejected the first Plan B application
in May 2004 because of concerns that easier access to
Plan B might result in increased promiscuity among
women under 16, despite studies disproving this
contention.
(B) The FDA said it would not approve the Plan B
application unless it included an age-based sales
distinction. In response, Barr Laboratories submitted a
new application to provide over-the-counter sales of
plan B to women 16 years and older. More than one year
later, FDA expressed concern that the age-based sales
distinction would present regulatory concerns, even
though the amended application was the result of FDA's
recommendations.
(C) According to court documents released on August
3, 2006, the director of FDA's Office of New Drugs
learned early in 2004 that the then-FDA Commissioner
had decided against approval of Plan B before FDA staff
could complete their analysis.
(D) In another sworn deposition contained in the
same court documents, one FDA official was told in
January 2004 by the FDA Deputy Commissioner that Plan B
needed to be rejected to ``appease the administration's
constituents''.
(E) In a letter and congressional testimony on
August 1, the FDA Commissioner recommended that the
appropriate age range for over-the-counter Plan B is 18
and older. This recommendation was established
arbitrarily and acknowledged by FDA as not supported by
scientific data.
(F) A former FDA Commissioner testified in a sworn
statement that he delayed approving over-the-counter
sales of Plan B to determine how to restrict sales to
young teens.
(G) A study in the Journal of Obstetrics &
Gynecology concluded that young women are able to use
Plan B ``effectively and safely without health care
provider intervention''.
(H) In November 2005, the Government Accountability
Office found that the May 2004 decision to deny OTC
status to Plan B emergency contraception ``was
unusual'' in that the decision was made at a much
higher level within FDA than is usual practice, that
the decision overruled recommendations by several
levels of professional staff, and that the decision to
limit OTC access to only those over a certain age was
made prior to the completion of the regular review
process.
SEC. 3. OFFICE OF WOMEN'S HEALTH WITHIN FOOD AND DRUG ADMINISTRATION.
(a) Establishment.--Section 903 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 392) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(2) in subsection (h) (as so redesignated), in paragraph
(1), by striking ``subsection (f)'' and inserting ``subsection
(g)''; and
(3) by inserting after subsection (e) the following
subsection:
``(f) Office of Women's Health.--
``(1) In general.--There is established within the Office
of the Commissioner an office to be known as the Office of
Women's Health (referred to in this subsection as the
`Office'). The Office shall be headed by a director, who shall
report directly to the Commissioner.
``(2) Duties.--With respect to activities of the Food and
Drug Administration that relate to women's health, the Director
of the Office shall--
``(A) assess the level of agency activity;
``(B) set short-range and long-range goals; and
``(C) be responsible for activities related to
prevention, research, education and training, service
delivery, and policy development.''.
(b) Prohibition Against Transfer of Funds.--Notwithstanding any
other provision of law authorizing the transfer of funds within the
Department of Health and Human Services or within the Food and Drug
Administration, any funds appropriated for the Office of Women's Health
within the Food and Drug Administration shall not be transferred to any
other agency or office.
SEC. 4. SCIENCE ON BREAST IMPLANTS.
(a) Classification of Breast Implants.--Section 513(f) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(f)) is amended by
adding at the end the following:
``(6) A breast implant (as such term is defined in section 515A(f))
is deemed to be a class III device and shall be required to have an
approval under section 515 of an application for premarket approval.
This paragraph applies to a breast implant irrespective of whether the
implant has been cleared under section 510(k) before the date of the
enactment of this paragraph.''.
(b) Demonstration of Safety.--Subchapter A of chapter V of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended
by inserting after section 515 the following section:
``SEC. 515A. BREAST IMPLANTS.
``(a) Demonstration of Safety for Life of the Device.--
``(1) In general.--In the case of an application for a
breast implant filed under section 515, the Secretary shall not
find that a reasonable assurance of safety has been shown under
section 515(d)(2) unless, prior to the approval of the
application, the applicant involved has established--
``(A) the life of the implant; and
``(B) that safety has been demonstrated for the
life of the implant.
``(2) Previously approved applications.--In the case of an
application for a breast implant approved under section 515
before the date of the enactment of this section, the breast
implant is deemed to be unsafe for purposes of section
515(e)(1)(A), and the Secretary shall withdraw approval of the
application for such breast implant under section 515(e),
unless the holder of the application establishes the life of
the implant and demonstrates that safety has been demonstrated
for the life of the implant.
``(b) Guidance for Clinical Care, Removal and Replacement.--
``(1) In general.--In approving an application for a breast
implant under section 515, the Secretary shall--
``(A) issue appropriate, voluntary guidance for
clinical care, removal, and replacement for the
implant, including appropriate coverage by government
health care systems; and
``(B) require such guidance to be clearly expressed
in the labeling and all marketing materials for such
implant.
``(2) Previously approved applications.--In the case of
each application for a breast implant approved under section
515 before the date of the enactment of this section, the
Secretary shall--
``(A) not later than 90 days after such date of
enactment, issue guidance for the implant in accordance
with paragraph (1)(A);
``(B) require such guidance to be clearly expressed
in the labeling and all marketing materials for the
implant; and
``(C) require dissemination of such guidance to
patients who received the implant before the inclusion
of such guidance into the labeling for the implant.
``(c) Reports to Congress.--
``(1) Requirement.--On an annual basis, the Secretary shall
submit to the Congress a report that summarizes the progress of
postmarket studies and findings with respect to the safety and
effectiveness of each breast implant approved under section
515, including the findings on safety for the life of the
implant under subsection (a).
``(2) First report.--The Secretary shall submit the first
report under this subsection for a breast implant not later
than--
``(A) 120 days after approving an application for
the implant under section 515; or
``(B) if an application for the implant was
approved under section 515 before the date of the
enactment of this section, 120 days after such date of
enactment.
``(d) Breast Implant Advisory Panels.--
``(1) Review of 10-year longitudinal studies.--The Breast
Implant Advisory Panel of the General and Plastic Surgery
Advisory Committee of the Food and Drug Administration shall
meet--
``(A) in 2007 to review the results and quality of
the research under the 10-year longitudinal studies
required by the Food and Drug Administration for saline
breast implants approved under section 515; and
``(B) in each of 2008 and 2009 to review the
progress of the 10-year longitudinal studies required
by the Food and Drug Administration for silicone gel
breast implants approved under section 515.
``(2) Membership.--With respect to membership on any
advisory committee of the Food and Drug Administration
(including any subcommittee or panel thereof) that considers
issues concerning breast implants, the following applies:
``(A) The Secretary may not grant any exemptions
for conflicts related to personal financial interests.
``(B) Before adding a member to the committee, the
Secretary shall post a notice on the Internet site of
such Administration that the individual involved will
become a member of the committee. The notice shall
include a summary of the professional and educational
background of the individual.
``(C) The individual may not serve at any meeting
of the committee until 30 days after the notice is
posted on such site.
``(e) Study on the Ionization of Platinum.--
``(1) In general.--Not later than 365 days after the date
of the enactment of this section, the Secretary shall complete
a study and submit a report to the Congress on--
``(A) the ionization and levels of platinum in
silicone breast implants, analyzing the platinum found
in silicone gel breast implants in vivo as well as
levels and ionization found in women's tissues, breast
milk, and other bodily fluids; and
``(B) the potential short-term and long-term risks
of the presence of platinum or platinum salts.
``(2) Panel of independent scientists.--The Secretary shall
establish a panel of independent scientists, including
scientists from the Centers for Disease Control and Prevention
and the National Institutes of Health, for the purpose of
designing and conducting the study under this subsection. No
scientist with financial ties to a breast implant company,
silicone company, or plastic surgeon shall serve on such panel
or participate in the design or conduct of such studies.
``(f) Definition.--For purposes of this section, the term `breast
implant' means a device intended to be implanted to augment or
reconstruct the female breast that, except as provided in subsection
(d)(1)(A), contains a filler material comprised of a substance or
substances other than sterile isotonic saline.''.
SEC. 5. SCIENTIFIC WORKSHOP ON USE OF EMERGENCY CONTRACEPTION BY WOMEN
UNDER AGE 18.
The Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, shall convene a scientific workshop
within six months after the date of the enactment of this Act to review
and evaluate current scientific data on the use of emergency
contraception by females of childbearing potential under the age of 18.
The scientific workshop shall--
(1) address the scientific questions identified in the
recent limited approval of Plan B emergency contraception; and
(2) include among the participants in the workshop--
(A) scientific and clinical representatives from
the American Academy of Pediatrics, the American
College of Obstetricians and Gynecologists, the Society
of Adolescent Medicine, the American Medical
Association, the National Institutes of Health, and the
Agency for Healthcare Research and Quality;
(B) scientific and clinical researchers who have
carried out research on use of contraceptives,
including emergency contraceptives, by women under the
age of 18; and
(C) the appropriate review divisions of the Food
and Drug Administration and the professional scientific
and clinical staff within such divisions. | FDA Scientific Fairness for Women Act - Amends the Federal Food, Drug, and Cosmetic Act to establish the Office of Women's Health within the Office of the Commissioner of the Food and Drug Administration (FDA).
Deems a breast implant to be a class III medical device. Requires premarket approval of breast implants irrespective of whether the implant has been cleared for commercial distribution in interstate commerce before the date of enactment of this Act.
Prohibits the Secretary of Health and Human Services from finding that a reasonable assurance of safety has been shown for an application for premarket approval for a a breast implant unless the applicant involved has demonstrated its safety for the life of the implant. Deems an already approved breast implant to be unsafe under the conditions of use prescribed, recommended, or suggested in the labeling.
Requires the Secretary to: (1) issue appropriate, voluntary guidance for clinical care, removal, and replacement for breast implants; (2) require such guidance to be clearly expressed in the labeling and all marketing materials; and (3) require dissemination of such guidance to patients who have already received the implant.
Requires the Breast Implant Advisory Panel of the General and Plastic Surgery Advisory Committee to review the results and quality of the research on saline breast implants and silicone gel implants.
Requires the Secretary to study the ionization and levels of platinum in silicone breast implants.
Requires the Secretary, acting through the Commissioner of Food and Drugs, to convene a scientific workshop to review and evaluate current scientific data on the use of emergency contraception by females of childbearing potential under the age of 18. | To amend the Federal Food, Drug, and Cosmetic Act with respect to the Office of Women's Health and the regulation of breast implants, and to provide for a scientific workshop on the use of emergency contraception by women under age 18. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Nutrition Disclosure
Act of 2015''.
SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS FOR RESTAURANTS AND
SIMILAR RETAIL FOOD ESTABLISHMENTS.
(a) In General.--Section 403(q)(5)(H) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) is amended--
(1) in subclause (ii)--
(A) in item (I)(aa), by striking ``the number of
calories contained in the standard menu item, as
usually prepared and offered for sale'' and inserting
``the number of calories contained in the whole
standard menu item, or the number of servings (as
reasonably determined by the restaurant or similar
retail food establishment) and number of calories per
serving, or the number of calories per the common unit
division of the standard menu item, such as for a
multiserving item that is typically divided before
presentation to the consumer'';
(B) in item (II)(aa), by striking ``the number of
calories contained in the standard menu item, as
usually prepared and offered for sale'' and inserting
``the number of calories contained in the whole
standard menu item, or the number of servings (as
reasonably determined by the restaurant or similar
retail food establishment) and number of calories per
serving, or the number of calories per the common unit
division of the standard menu item, such as for a
multiserving item that is typically divided before
presentation to the consumer''; and
(C) by adding at the end the following flush text:
``In the case of restaurants or similar retail food
establishments where the majority of orders are placed by
customers who are off-premises at the time such order is
placed, the information required to be disclosed under items
(I) through (IV) may be provided by a remote-access menu (such
as a menu available on the Internet) as the sole method of
disclosure instead of on-premises writings.'';
(2) in subclause (iii)--
(A) by inserting ``either'' after ``a restaurant or
similar retail food establishment shall''; and
(B) by inserting ``or comply with subclause (ii)''
after ``per serving'';
(3) in subclause (iv)--
(A) by striking ``For the purposes of this clause''
and inserting the following:
``(I) In general.--For the purposes of this
clause,'';
(B) by striking ``and other reasonable means'' and
inserting ``or other reasonable means''; and
(C) by adding at the end the following:
``(II) Reasonable basis defined.--For the purposes
of this subclause, with respect to a nutrient
disclosure, the term `reasonable basis' means that the
nutrient disclosure is within acceptable allowances for
variation in nutrient content. Such acceptable
allowances shall include allowances for variation in
serving size, inadvertent human error in formulation or
preparation of menu items, and variations in
ingredients.'';
(4) by amending subclause (v) to read as follows:
``(v) Menu variability and combination meals.--The
Secretary shall establish by regulation standards for
determining and disclosing the nutrient content for standard
menu items that come in different flavors, varieties, or
combinations, but which are listed as a single menu item, such
as soft drinks, ice cream, pizza, doughnuts, or children's
combination meals. Such standards shall allow a restaurant or
similar retail food establishment to choose whether to
determine and disclose such content for the whole standard menu
item, for a serving or common unit division thereof, or for a
serving or common unit division thereof accompanied by the
number of servings or common unit divisions in the whole
standard menu item. Such standards shall allow a restaurant or
similar retail food establishment to determine and disclose
such content by using any of the following methods: ranges,
averages, individual labeling of flavors or components, or
labeling of one preset standard build. In addition to such
methods, the Secretary may allow the use of other methods, to
be determined by the Secretary, for which there is a reasonable
basis (as such term is defined in subclause (iv)(II)).'';
(5) in subclause (x)--
(A) by striking ``Not later than 1 year after the
date of enactment of this clause, the Secretary shall
promulgate proposed regulations to carry out this
clause.'' and inserting ``Not later than 1 year after
the date of enactment of the Common Sense Nutrition
Disclosure Act of 2015, the Secretary shall issue
proposed regulations to carry out this clause, as
amended by such Act. Any final regulations that are
promulgated pursuant to the Common Sense Nutrition
Disclosure Act of 2015, and any final regulations that
were promulgated pursuant to this clause before the
date of enactment of the Common Sense Nutrition
Disclosure Act of 2015, shall not take effect earlier
than 2 years after the promulgation of final
regulations pursuant to the Common Sense Nutrition
Disclosure Act of 2015.''; and
(B) by adding at the end the following:
``(IV) Certifications.--Restaurants
and similar retail food establishments
shall not be required to provide
certifications or similar signed
statements relating to compliance with
the requirements of this clause.'';
(6) by amending subclause (xi) to read as follows:
``(xi) Definitions.--In this clause:
``(I) Menu; menu board.--The term `menu' or `menu
board' means the one listing of items which the
restaurant or similar retail food establishment
reasonably believes to be, and designates as, the
primary listing from which customers make a selection
in placing an order. The ability to order from an
advertisement, coupon, flyer, window display,
packaging, social media, or other similar writing does
not make the writing a menu or menu board.
``(II) Preset standard build.--The term `preset
standard build' means the finished version of a menu
item most commonly ordered by consumers.
``(III) Standard menu item.--The term `standard
menu item' means a food item of the type described in
subclause (i) or (ii) of subparagraph (5)(A) with the
same recipe prepared in substantially the same way with
substantially the same food components that--
``(aa) is routinely included on a menu or
menu board or routinely offered as a self-
service food or food on display at 20 or more
locations doing business under the same name;
and
``(bb) is not a food referenced in
subclause (vii).''; and
(7) by adding at the end the following:
``(xii) Opportunity to correct violations.--Any restaurant
or similar retail food establishment that the Secretary
determines is in violation of this clause shall have 90 days
after receiving notification of the violation to correct the
violation. The Secretary shall take no enforcement action,
including the issuance of any public letter, for violations
that are corrected within such 90-day period.''.
(b) National Uniformity.--Section 403A(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343-1(b)) is amended by striking
``may exempt from subsection (a)'' and inserting ``may exempt from
subsection (a) (other than subsection (a)(4))''.
SEC. 3. LIMITATION ON LIABILITY FOR DAMAGES ARISING FROM NONCOMPLIANCE
WITH NUTRITION LABELING REQUIREMENTS.
Section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 343(q)(5)(H)), as amended by section 2, is further amended
by adding at the end the following:
``(xiii) Limitation on liability.--A
restaurant or similar retail food establishment
shall not be liable in any civil action in
Federal or State court (other than an action
brought by the United States or a State) for
any claims arising out of an alleged violation
of--
``(I) this clause; or
``(II) any State law permitted
under section 403A(a)(4).''. | Common Sense Nutrition Disclosure Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that restaurants and retail food establishments must disclose. The nutrient content disclosure statement on the menu or menu board must include: (1) the number of calories contained in the whole menu item; (2) the number of servings and number of calories per serving; or (3) the number of calories per common unit of the item, such as for a multi-serving item that is typically divided before presentation to the consumer. Nutritional information may be provided solely by a remote-access menu (e.g., an Internet menu) for food establishments where the majority of orders are placed by customers who are off-premises. Establishments with self-serve food may comply with the requirements for restaurants or place signs with nutritional information adjacent to each food item. An establishment’s nutrient content disclosures have a “reasonable basis” if they are within acceptable allowances for variation, including variations in serving size or ingredients and inadvertent human error in formulation. Establishments with standard menu items that come in different flavors, varieties, or combinations, that are listed as a single menu item can determine and disclose nutritional information using specified methods or methods allowed by the Food and Drug Administration (FDA). Regulations pursuant to this Act or the clause amended by this Act cannot take effect earlier than two years after final regulations are promulgated pursuant to this Act. The FDA may not exempt states from nutrition labeling requirements. | Common Sense Nutrition Disclosure Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Manufacturing Efficiency
and Retraining Investment Collaboration Achievement Works Act'' or the
``AMERICA Works Act''.
SEC. 2. INDUSTRY-RECOGNIZED AND NATIONALLY PORTABLE CREDENTIALS FOR JOB
TRAINING PROGRAMS.
(a) Workforce Investment Act of 1998.--
(1) General employment and training activities.--Section
134(d)(4)(F) of the Workforce Investment Act of 1998 (29 U.S.C.
2864(d)(4)(F)) is amended by adding at the end the following:
``(iv) Priority for programs that provide
an industry-recognized and nationally portable
credential.--In selecting and approving
training services, or programs of training
services, under this section, a one-stop
operator and employees of a one-stop center
referred to in subsection (c) shall give
priority consideration to services and programs
(approved by the appropriate State agency and
local board in conjunction with section 122)
that lead to a credential that is in demand in
the local area served and listed in the
registry described in section 3(b) of the
AMERICA Works Act.''.
(2) Youth activities.--Section 129(c)(1)(C) of the
Workforce Investment Act of 1998 (29 U.S.C. 2854(c)(1)(C)) is
amended--
(A) by redesignating clauses (ii) through (iv) as
clauses (iii) through (v), respectively; and
(B) inserting after clause (i) the following:
``(ii) training (with priority
consideration given to programs that lead to a
credential that is in demand in the local area
served and listed in the registry described in
section 3(b) of the AMERICA Works Act, if the
local board determines that such programs are
available and appropriate);''.
(b) Career and Technical Education.--
(1) State plan.--Section 122(c)(1)(B) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2342(c)(1)(B)) is amended by striking the semicolon at the end
and inserting the following: ``and, with respect to programs of
study leading to an industry-recognized credential or
certificate, will give priority consideration to programs of
study that--
``(i) lead to an appropriate (as determined
by the eligible agency) skills credential
(which may be a certificate) that is in demand
in the area served and listed in the registry
described in section 3(b) of the AMERICA Works
Act; and
``(ii) may provide a basis for additional
credentials, certificates, or degrees;''.
(2) Use of local funds.--Section 134(b) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2354(b)) is amended--
(A) in paragraph (11), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (12)(B), by striking the period
and inserting ``; and''; and
(C) by adding at the end the following:
``(13) describe the career and technical education
activities supporting the attainment of industry-recognized
credentials or certificates, and how the eligible recipient, in
selecting such activities, gave priority consideration to
activities supporting in-demand registry skill credentials
described in section 122(c)(1)(B)(i).''.
(3) Tech-prep programs.--Section 203(c)(2)(E) of the Carl
D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2373(c)(2)(E)) is amended by striking ``industry-
recognized credential, a certificate,'' and inserting
``industry-recognized credential or certificate (such as an in-
demand registry skill credential described in section
122(c)(1)(B)(i)),''.
(c) Training Programs Under TAA.--Section 236(a)(5) of the Trade
Act of 1974 (19 U.S.C. 2296(a)(5)) is amended by inserting after the
sentence that follows subparagraph (H)(ii) the following: ``In
approving training programs under paragraph (1), the Secretary shall
give priority consideration to programs that lead to a credential that
is in demand in the local area (defined for purposes of title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)) served by
the corresponding one-stop delivery system under that title for the
training programs, and that is listed in the registry described in
section 3(b) of the AMERICA Works Act.''.
SEC. 3. SKILL CREDENTIAL REGISTRY.
(a) Definitions.--In this section:
(1) Covered provision.--The term ``covered provision''
means any of sections 129 and 134 of the Workforce Investment
Act of 1998 (29 U.S.C. 2854, 2864), section 122(c)(1)(B) of the
Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2342(c)(1)(B)), and section 236 of the Trade Act of 1974
(19 U.S.C. 2296).
(2) Industry-recognized.--The term ``industry-recognized'',
used with respect to a credential, means a credential that--
(A) is sought or accepted by companies within the
industry sector involved as recognized, preferred, or
required for recruitment, screening, or hiring; and
(B) is endorsed by a nationally recognized trade
association or organization representing a significant
part of the industry sector.
(3) Nationally portable.--The term ``nationally portable'',
used with respect to a credential, means a credential that is
sought or accepted by companies within the industry sector
involved, across multiple States, as recognized, preferred, or
required for recruitment, screening, or hiring.
(4) Workforce investment activities.--The term ``workforce
investment activities'' has the meaning given the term in
section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801).
(b) Registry.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Labor (referred to in
this section as the ``Secretary'') shall create a registry of
skill credentials (which may be certificates), for purposes of
enabling programs that lead to such a credential to receive
priority under a covered provision.
(2) Registry.--The Secretary shall--
(A) list a credential in the registry if the
credential is--
(i) required by Federal law for an
occupation; or
(ii) required by State law for an
occupation (such as a credential required by
State law regarding qualifications for a health
care occupation) and submitted to the Secretary
by a State or appropriate entities within a
State pursuant to a request made by the
Secretary, no less frequently than biennially,
for the identification of such a credential;
(B) list the credential in the registry if the
credential is a credential from the Manufacturing
Institute-Endorsed Manufacturing Skills Certification
System; and
(C) list the credential, and list an updated
credential, in the registry if the credential involved
is an industry-recognized, nationally portable
credential that is consistent with the Secretary's
established industry competency models and is
consistently updated to reflect changing industry
competencies.
(c) Rule of Construction.--Nothing in this Act shall be construed
to require an entity with responsibility for selecting or approving an
education, training, or workforce investment activities program with
regard to a covered provision, to select a program with a credential
listed in the registry described in subsection (b).
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, take effect 120 days
after the date of enactment of this Act. | American Manufacturing Efficiency and Retraining Investment Collaboration Achievement Works Act or AMERICA Works Act - Amends the Workforce Investment Act of 1998, with respect to statewide and local adult and youth workforce investment employment and training programs, to require a one-stop delivery system, in selecting and approving training services, or programs of training services, to give priority consideration to state- and local board-approved services and programs that lead to an industry-recognized and nationally portable credential that is in demand in the local area served and listed in the skill credential registry created under this Act.
Amends the Carl D. Perkins Career and Technical Education Act of 2006 and the Trade Act of 1974 to require the same priority consideration in the state and local plans for career and technical education programs as well as in tech prep programs and trade adjustment assistance (TAA) programs.
Requires that funds allocated for local area youth activities be used, in part, for training programs, giving priority consideration to those that lead to a registry-listed credential in high demand in the local area served.
Requires the Secretary of Labor to: (1) create a registry of skill credentials; and (2) list in the registry credentials that are required by federal or state law for an occupation, are from the Manufacturing Institute-Endorsed Manufacturing Skills Certification System, and are industry-recognized and nationally portable credentials consistent with established industry competency models as well as consistently updated to reflect changing industry competencies. | A bill to require that certain Federal job training and career education programs give priority to programs that provide an industry-recognized and nationally portable credential. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reciprocal Access to Tibet Act of
2018''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Government of the People's Republic of China does not
grant United States diplomats and other officials, journalists, and
other citizens access to China on a basis that is reciprocal to the
access that the Government of the United States grants Chinese
diplomats and other officials, journalists, and citizens.
(2) The Government of China imposes greater restrictions on
travel to Tibetan areas than to other areas of China.
(3) Officials of China have stated that Tibet is open to
foreign visitors.
(4) The Government of China is promoting tourism in Tibetan
areas, and at the Sixth Tibet Work Forum in August 2015, Premier Li
Keqiang called for Tibet to build ``major world tourism
destinations''.
(5) The Government of China requires foreigners to obtain
permission from the Tibet Foreign and Overseas Affairs Office or
from the Tibet Tourism Bureau to enter the Tibet Autonomous Region,
a restriction that is not imposed on travel to any other
provincial-level jurisdiction in China.
(6) The Department of State reports that--
(A) officials of the Government of the United States
submitted 39 requests for diplomatic access to the Tibet
Autonomous Region between May 2011 and July 2015, but only four
were granted; and
(B) when such requests are granted, diplomatic personnel
are closely supervised and given few opportunities to meet
local residents not approved by authorities.
(7) The Government of China delayed United States consular
access for more than 48 hours after an October 28, 2013, bus crash
in the Tibet Autonomous Region, in which three citizens of the
United States died and more than a dozen others, all from Walnut,
California, were injured, undermining the ability of the Government
of the United States to provide consular services to the victims
and their families, and failing to meet China's obligations under
the Convention on Consular Relations, done at Vienna April 24, 1963
(21 UST 77).
(8) Following a 2015 earthquake that trapped dozens of citizens
of the United States in the Tibet Autonomous Region, the United
States Consulate General in Chengdu faced significant challenges in
providing emergency consular assistance due to a lack of consular
access.
(9) The Country Reports on Human Rights Practices for 2015 of
the Department of State stated ``With the exception of a few highly
controlled trips, the Chinese government also denied multiple
requests by foreign diplomats for permission to visit the TAR.''.
(10) Tibetan-Americans, attempting to visit their homeland,
report having to undergo a discriminatory visa application process,
different from what is typically required, at the Chinese embassy
and consulates in the United States, and often find their requests
to travel denied.
(11) The Country Reports on Human Rights Practices for 2016 of
the Department of State stated ``The few visits to the TAR by
diplomats and journalists that were allowed were tightly controlled
by local authorities.''.
(12) A September 2016 article in the Washington Post reported
that ``The Tibet Autonomous Region . . . is harder to visit as a
journalist than North Korea.''.
(13) The Government of China has failed to respond positively
to requests from the Government of the United States to open a
consulate in Lhasa, Tibet Autonomous Region.
(14) The Foreign Correspondents Club of China reports that--
(A) 2008 rules prevent foreign reporters from visiting the
Tibet Autonomous Region without prior permission from the
Government of such Region;
(B) such permission has only rarely been granted; and
(C) although the 2008 rules allow journalists to travel
freely in other parts of China, Tibetan areas outside such
Region remain ``effectively off-limits to foreign reporters''.
(15) The Department of State reports that in addition to having
to obtain permission to enter the Tibet Autonomous Region, foreign
tourists--
(A) must be accompanied at all times by a government-
designated tour guide;
(B) are rarely granted permission to enter the region by
road;
(C) are largely barred from visiting around the March
anniversary of a 1959 Tibetan uprising; and
(D) are banned from visiting the area where Larung Gar, the
world's largest center for the study of Tibetan Buddhism, and
the site of a large-scale campaign to expel students and
demolish living quarters, is located.
(16) Foreign visitors also face restrictions in their ability
to travel freely in Tibetan areas outside the Tibet Autonomous
Region.
(17) The Government of the United States generally allows
journalists and other citizens of China to travel freely within the
United States. The Government of the United States requires
diplomats from China to notify the Department of State of their
travel plans, and in certain situations, the Government of the
United States requires such diplomats to obtain approval from the
Department of State before travel. However, where approval is
required, it is almost always granted expeditiously.
(18) The United States regularly grants visas to Chinese
diplomats and other officials, scholars, and others who travel to
the United States to discuss, promote, and display the perspective
of the Government of China on the situation in Tibetan areas, even
as the Government of China restricts the ability of citizens of the
United States to travel to Tibetan areas to gain their own
perspective.
(19) Chinese diplomats based in the United States generally
avail themselves of the freedom to travel to United States cities
and lobby city councils, mayors, and governors to refrain from
passing resolutions, issuing proclamations, or making statements of
concern on Tibet.
(20) The Government of China characterizes statements made by
officials of the United States about the situation in Tibetan areas
as inappropriate interference in the internal affairs of China.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives.
(2) Tibetan areas.--The term ``Tibetan areas'' includes--
(A) the Tibet Autonomous Region; and
(B) the areas that the Chinese Government designates as
Tibetan Autonomous, as follows:
(i) Kanlho (Gannan) Tibetan Autonomous Prefecture, and
Pari (Tianzhu) Tibetan Autonomous County located in Gansu
Province.
(ii) Golog (Guoluo) Tibetan Autonomous Prefecture,
Malho (Huangnan) Tibetan Autonomous Prefecture, Tsojang
(Haibei) Tibetan Autonomous Prefecture, Tsolho (Hainan)
Tibetan Autonomous Prefecture, Tsonub (Haixi) Mongolian and
Tibetan Autonomous Prefecture, and Yulshul (Yushu) Tibetan
Autonomous Prefecture, located in Qinghai Province.
(iii) Garze (Ganzi) Tibetan Autonomous Prefecture,
Ngawa (Aba) Tibetan and Qiang Autonomous Prefecture, and
Muli (Mili) Tibetan Autonomous County, located in Sichuan
Province.
(iv) Dechen (Diqing) Tibetan Autonomous Prefecture,
located in Yunnan Province.
SEC. 4. ANNUAL REPORT ON ACCESS TO TIBETAN AREAS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for the following five
years, the Secretary of State shall submit to the appropriate
congressional committees, and make available to the public on the
website of the Department of State, a report that includes an
assessment of the level of access Chinese authorities granted diplomats
and other officials, journalists, and tourists from the United States
to Tibetan areas, including--
(1) a comparison with the level of access granted to other
areas of China;
(2) a comparison between the levels of access granted to
Tibetan and non-Tibetan areas in relevant provinces;
(3) a comparison of the level of access in the reporting year
and the previous reporting year; and
(4) a description of the required permits and other measures
that impede the freedom to travel in Tibetan areas.
(b) Consolidation.--After the issuance of the first report required
by subsection (a), the Secretary of State is authorized to incorporate
subsequent reports required by subsection (a) into other publicly
available, annual reports produced by the Department of State, provided
they are submitted to the appropriate congressional committees in a
manner specifying that they are being submitted in fulfillment of the
requirements of this Act.
SEC. 5. INADMISSIBILITY OF CERTAIN ALIENS.
(a) Ineligibility for Visas.--No individual whom the Secretary of
State has determined to be substantially involved in the formulation or
execution of policies related to access for foreigners to Tibetan areas
may be eligible to receive a visa to enter the United States or be
admitted to the United States if the Secretary of State determines
that--
(1)(A) the requirement for specific official permission for
foreigners to enter the Tibetan Autonomous Region remains in
effect; or
(B) such requirement has been replaced by a regulation that has
a similar effect and requires foreign travelers to gain a level of
permission to enter the Tibet Autonomous Region that is not
required for travel to other provinces in China; and
(2) restrictions on travel by diplomats and other officials,
journalists, and citizens of the United States to areas designated
as ``Tibetan Autonomous'' in the provinces of Sichuan, Qinghai,
Yunnan, and Gansu of China are greater than any restrictions on
travel by such officials and citizens to areas in such provinces
that are not so designated.
(b) Current Visas Revoked.--The Secretary of State shall revoke, in
accordance with section 221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i)), the visa or other documentation to enter or be
present in the United States issued for an alien who would be
ineligible to receive such a visa or documentation under subsection
(a).
(c) Report to Congress.--Not later than one year after the date of
the enactment of this Act, and annually thereafter for the following
five years, the Secretary of State shall provide to the appropriate
congressional committees a report identifying the individuals who have
had visas denied or revoked pursuant to this section during the
preceding year and, to the extent practicable, a list of Chinese
officials who were substantially involved in the formulation or
execution of policies to restrict access of United States diplomats and
other officials, journalists, and citizens of the United States to
Tibetan areas. The report required by this subsection shall be
submitted in unclassified form, but may include a classified annex.
(d) Waiver for National Interest.--
(1) In general.--The Secretary of State may waive the
application of subsection (a) or (b) in the case of an alien if the
Secretary determines that such a waiver--
(A) is necessary to permit the United States to comply with
the Agreement Regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947 (TIAS 1676), or any other applicable
international obligation of the United States; or
(B) is in the national interest of the United States.
(2) Notification.--Upon granting a waiver under paragraph (1),
the Secretary of State shall submit to the appropriate
congressional committees a document detailing the evidence and
justification for the necessity of such waiver, including, if such
waiver is granted pursuant to paragraph (1)(B), how such waiver
relates to the national interest of the United States.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress that the Secretary of State, when
granting diplomats and other officials from China access to parts of
the United States, including consular access, should take into account
the extent to which the Government of China grants diplomats and other
officials from the United States access to parts of China, including
the level of access afforded to such diplomats and other officials to
Tibetan areas.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Reciprocal Access to Tibet Act of 2018 (Sec. 4) This bill requires the Department of State to report to Congress annually regarding the level of access Chinese authorities granted U.S. diplomats, journalists, and tourists to Tibetan areas in China. Such assessment shall include: a comparison with the level of access granted to other areas of China, a comparison between the levels of access granted to Tibetan and non-Tibetan areas in relevant provinces, a comparison of the level of access in the reporting year and the previous year, and a description of the measures that impede the freedom to travel in Tibetan areas. (Sec. 5) No individual who is substantially involved in the formulation or execution of policies related to access for foreigners to Tibetan areas may enter the United States if: the requirement that foreigners must receive official permission to enter the Tibet Autonomous Region remains in effect, or has been replaced by a similar regulation that also requires foreigners to gain a level of permission to enter the Tibet Autonomous Region that is not required for other provinces; and travel restrictions on U.S. diplomats, officials, journalists, and citizens to Tibet Autonomous areas in Sichuan, Qinghai, Yunnan, and Gansu Provinces are greater than travel restrictions to other areas. The State Department shall report to Congress annually, identifying individuals who were blocked from U.S. entry during the preceding year and a list of Chinese officials who were substantially involved in the formulation or execution of policies to restrict the access of U.S. diplomats, journalists, and citizens to Tibetan areas. | Reciprocal Access to Tibet Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blackstone River Valley National
Historical Park Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) National heritage corridor.--The term ``National
Heritage Corridor'' means the John H. Chafee Blackstone River
Valley National Heritage Corridor.
(2) Park.--The term ``Park'' means the Blackstone River
Valley National Historical Park established under section 3.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) States.--The term ``States'' means--
(A) the State of Massachusetts; and
(B) the State of Rhode Island.
SEC. 3. BLACKSTONE RIVER VALLEY NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established in the States a unit of
the National Park System, to be known as the ``Blackstone River Valley
National Historical Park''.
(b) Historic Sites and Districts.--The Park may include--
(1) Blackstone River State Park; and
(2) the following resources, as described in Management
Option 3 of the study entitled ``Blackstone River Valley
Special Resource Study--Study Report 2011'':
(A) Old Slater Mill National Historic Landmark
District.
(B) Slatersville Historic District.
(C) Ashton Historic District.
(D) Whitinsville Historic District.
(E) Hopedale Village Historic District.
(F) Blackstone River and the tributaries of
Blackstone River.
(G) Blackstone Canal.
(c) Acquisition of Land; Park Boundary.--
(1) Land acquisition.--The Secretary may acquire land or
interests in land in the historic sites and districts described
in subsection (b)(2) for inclusion in the Park boundary by
donation or exchange.
(2) Park boundary.--On a determination by the Secretary
that a sufficient quantity of land or interests in land has
been acquired to constitute a manageable park unit, the
Secretary may establish a boundary for the Park by publishing a
boundary map in the Federal Register.
(3) Boundary adjustment.--On the acquisition of additional
land or interests in land under paragraph (1), the boundary of
the Park shall be adjusted to reflect the acquisition by
publishing a Park boundary map in the Federal Register.
(4) Availability of map.--The maps referred to in this
subsection shall be available for public inspection in the
appropriate offices of the National Park Service.
(5) Written consent of the owner.--No non-Federal property
may be included in the Park without the written consent of the
owner.
(6) Limitation.--Land owned by the States or a political
subdivision of the States may be acquired under this subsection
only by donation.
(d) Administration.--
(1) In general.--The Secretary shall administer land within
the boundary of the Park in accordance with--
(A) this section; and
(B) the laws generally applicable to units of the
National Park System, including--
(i) the National Park Service Organic Act
(16 U.S.C. 1 et seq.); and
(ii) the Act of August 21, 1935 (16 U.S.C.
461 et seq.).
(2) General management plan.--
(A) In general.--Not later than 3 years after the
date on which funds are made available to carry out
this section, the Secretary shall prepare a general
management plan for the Park--
(i) in consultation with the States and
other interested parties; and
(ii) in accordance with section 12(b) of
the National Park System General Authorities
Act (16 U.S.C. 1a-7(b)).
(B) Requirements.--The plan shall consider ways to
use preexisting or planned visitor facilities and
recreational opportunities developed in the National
Heritage Corridor, including--
(i) the Blackstone Valley Visitor Center,
Pawtucket, Rhode Island;
(ii) the Captain Wilbur Kelly House,
Blackstone River State Park, Lincoln, Rhode
Island;
(iii) the Museum of Work and Culture,
Woonsocket, Rhode Island;
(iv) the River Bend Farm/Blackstone River
and Canal Heritage State Park, Uxbridge,
Massachusetts;
(v) the Worcester Blackstone Visitor
Center, located at the former Washburn & Moen
wire mill facility, Worcester, Massachusetts;
(vi) the Route 295 Visitor Center adjacent
to Blackstone River State Park; and
(vii) the Blackstone River Bikeway.
(3) Technical assistance.--The Secretary may provide
technical assistance to State, local, or tribal governments,
organizations, or individuals for the management,
interpretation, and historic preservation of historically
significant Blackstone River Valley resources not included
within the Park.
(4) Cooperative agreements.--
(A) In general.--The Secretary may enter into
cooperative agreements to carry out this Act.
(B) Matching requirement.--The Secretary shall
require that any Federal funds made available under a
cooperative agreement entered into under this paragraph
are to be matched on a 1-to-1 basis by non-Federal
funds.
(C) Reimbursement.--Any payment made by the
Secretary under subparagraph (A) shall be subject to an
agreement that the conversion, use, or disposal of the
project for purposes that are inconsistent with the
purposes of this section, as determined by the
Secretary, shall result in a right of the United States
to reimbursement of the greater of--
(i) the amount provided by the Secretary to
the project under subparagraph (A); or
(ii) an amount equal to the increase in the
value of the project that is attributable to
the funds, as determined by the Secretary at
the time of the conversion, use, or disposal.
(D) Public access.--Any cooperative agreement
entered into under this paragraph shall provide for
reasonable public access to the resources covered by
the cooperative agreement.
(e) Dedication; Memorial.--
(1) In general.--Congress dedicates the Park to John H.
Chafee, the former United States Senator from Rhode Island, in
recognition of--
(A) the role of John H. Chafee in the preservation
of the resources of the Blackstone River Valley and the
heritage corridor that bears the name of John H.
Chafee; and
(B) the decades of the service of John H. Chafee to
the people of Rhode Island and the United States.
(2) Memorial.--The Secretary shall display a memorial at an
appropriate location in the Park that recognizes the role of
John H. Chafee in preserving the resources of the Blackstone
River Valley for the people of the United States.
(f) No Use of Condemnation.--The Secretary may not acquire by
condemnation any land or interest in land under this Act for the
purposes of this Act.
(g) No Buffer Zone Created.--Nothing in this Act, the establishment
of the Park, or the management plan for the Park shall be construed to
create buffer zones outside of the Park. That activities or uses can be
seen, heard, or detected from areas within the Park shall not preclude,
limit, control, regulate, or determine the conduct or management of
activities or uses outside of the Park. | Blackstone River Valley National Historical Park Establishment Act - (Sec. 3) Establishes the Blackstone River Valley National Historical Park in Massachusetts and Rhode Island as a unit of the National Park System. Requires the Secretary to prepare a general management plan for the Park that considers ways to use preexisting or planned visitor facilities and recreational opportunities developed in the John H. Chafee Blackstone River Valley National Heritage Corridor. Dedicates the Park to former Senator John H. Chafee from Rhode Island in recognition of: (1) his role in the preservation of the resources of the Blackstone River Valley and the heritage corridor that bears his name, and (2) his decades of service to the people of Rhode Island and the United States. Requires a memorial to be displayed at a location in the Park that recognizes Senator Chafee's role in the preservation of the resources of the Blackstone River Valley for the people of the United States. Prohibits the use of condemnation to acquire land or interests in land under this Act. Prohibits anything in this Act from: (1) creating buffer zones outside the Park; or (2) restricting an activity because it can be seen, heard, or detected within the Park from being conducted outside its boundaries. | Blackstone River Valley National Historical Park Establishment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Los Padres National Forest Land
Exchange Act''.
SEC. 2. LAND EXCHANGE, LOS PADRES NATIONAL FOREST, CALIFORNIA.
(a) Land Exchange.--In exchange for all right, title, and interest
of the United Water Conservation District of California (in this
section referred to as the ``District'') in and to the lands described
in subsection (b), the Secretary of Agriculture may convey to the
District 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) Implementation of Land Exchange.--
(1) Maps; public availability.--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. The Secretary may also correct errors in the
maps or the accompanying legal descriptions.
(2) Modification of statutory terms of exchange.--By mutual
agreement to facilitate the land exchange under this section,
the Secretary and the District may reduce the number of tracts
of land involved in the land exchange or adjust the legal
descriptions specified in subsections (b) and (c) and the
boundaries depicted on the maps referred to in paragraph (1)
based upon the environmental analysis conducted and public
input obtained in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4331 et seq.).
(3) Priority for completion.--The Secretary shall order
completion of the land exchange under this section to be a
priority for the Forest Service, which shall endeavor to
complete the land exchange within one year after the date of
the enactment of this Act.
(4) 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 (e)(2), or the
costs to cure any title defects.
(5) 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.
(e) 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.
(f) 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.
(g) Water Rights.--The land exchange under this section does not
include any water rights owned by the District or the United States.
(h) Cash Equalization.--
(1) Equal value exchange.--Subject to paragraph (2), 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) 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).
(3) 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.
(i) 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. | Los Padres National Forest Land Exchange Act - Authorizes the Secretary of Agriculture to convey specified National Forest System (NFS) lands to the United Water Conservation District of California in exchange for the conveyance of specified non-federal lands to the Secretary by the District.
Makes the completion of such land exchange a priority for the Forest Service. Instructs the Forest Service to endeavor to complete the exchange within one year after the enactment of this Act.
Requires the Secretary to reserve easements for all trails and roads that are considered necessary to provide for administrative purposes and to ensure public access to the NFS lands. | 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 ``Naismith Memorial Basketball Hall of
Fame Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) on December 21, 1891, a young physical education
instructor named James Naismith introduced the game of ``basket
ball'' to his physical education class in Springfield,
Massachusetts;
(2) in 1959, the Naismith Memorial Basketball Hall of Fame
was founded and dedicated to the creator of basketball, Dr.
James Naismith, in Springfield, Massachusetts, ``The Birthplace
of Basketball'', and became the first and only museum to honor
the game at all levels around the world;
(3) the Naismith Memorial Basketball Hall of Fame honors
players who have achieved greatness, exemplary coaches,
referees, and other major contributors to the sport of
basketball;
(4) the Inaugural Hall of Fame Class of 1959 had 17
honorees who were inducted, including Dr. James Naismith,
George Mikan, Forrest C. Allen, Angelo Luisetti, the Original
Celtics, and the First Team;
(5) the Naismith Memorial Basketball Hall of Fame is
recognized throughout the world as the premier institution
entrusted with recording and disseminating the history of the
game of basketball and recognizing and honoring the
achievements of its greatest players, coaches, and
contributors;
(6) the Naismith Memorial Basketball Hall of Fame provides
an entertaining and enriching experience and is known for its
educational outreach programs that celebrate and promote
positive core values demonstrated by the hallowed heroes of
basketball and its founder;
(7) basketball is one of the national treasures of the
United States, with its fast pace that reflects the freedom of
expression and the modern experience of life in the 21st
century;
(8) since its opening in 1959, the Naismith Memorial
Basketball Hall of Fame is home to the largest collection of
basketball memorabilia in the world, including more than 30,000
3-dimensional objects, 800,000 photographs, and 1,500,000
documents;
(9) the Naismith Memorial Basketball Hall of Fame welcomes
more than 6,000,000 visitors interested in discovering the rich
history of the game through its stories, its personalities, and
its most celebrated moments;
(10) the Naismith Memorial Basketball Hall of Fame reaches
over 7,000,000 Americans through its educational programs,
events, exhibits, social media, and its interactive website;
(11) the customized educational programs of the Naismith
Memorial Basketball Hall of Fame use basketball to teach young
students around the world the important lessons on a variety of
topics, including financial literacy, mathematics, civil
rights, leadership of character, women's and men's history, and
geography; and
(12) the Naismith Memorial Basketball Hall of Fame will
lead the celebration of 60th anniversary of basketball and will
partner with a select group of constituents, including the
National Basketball Association, the National Collegiate
Athletic Association, and USA Basketball in commemorating the
game throughout the 2019-2020 basketball season.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) be struck on a planchet having a diameter of
0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) be struck on a planchet having a diameter of
1.500 inches; and
(C) contain not less than 90 percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) be struck on a planchet having 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) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
(d) Dome Shape.--The coins minted under this Act shall be in the
shape of a dome.
SEC. 4. DESIGN OF COINS.
(a) In General.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
(b) Designations and Inscriptions.--On each coin minted under this
Act there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2019''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection and Approval Process for Obverse Design.--
(1) In general.--The Secretary shall hold a competition to
determine the design of the common obverse of the coins minted
under this Act, with such design being emblematic of the game
of basketball.
(2) Selection and approval.--Proposals for the design of
coins minted under this Act may be submitted in accordance with
the design selection and approval process developed by the
Secretary in the sole discretion of the Secretary. The
Secretary shall encourage 3-dimensional models to be submitted
as part of the design proposals.
(3) Proposals.--As part of the competition described in
this subsection, the Secretary may accept proposals from
artists, engravers and other employees of the United States
Mint, other Government employees, and members of the general
public.
(4) Compensation.--The Secretary shall determine
compensation for the winning design under this subsection,
which shall be not less than $5,000. The Secretary shall take
into account this compensation amount when determining the sale
price described in section 6(a).
(d) Reverse Design.--The design on the common reverse of the coins
minted under this Act shall depict a basketball.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2019.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, winning design
compensation, 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 minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Naismith Memorial Basketball Hall of Fame to fund an endowment that
will enable the further operations of the Naismith Memorial Basketball
Hall of Fame.
(c) Audits.--The Naismith Memorial Basketball Hall of Fame shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received 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 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. | Naismith Memorial Basketball Hall of Fame Commemorative Coin Act This bill directs the Department of the Treasury, in recognition of the 60th anniversary of the Naismith Memorial Basketball Hall of Fame, to mint and issue not more than 50,000 $5 coins, 400,000 $1 coins, and 750,000 half-dollar coins. The coins shall be in the shape of a dome, and the design on the common reverse of the coins shall depict a basketball. Treasury shall hold a competition to determine the design of the common obverse of the coins, which shall be emblematic of the game of basketball. The bill requires all sales of such coins to include specified surcharges, which shall be paid by Treasury to the Hall to fund an endowment for its operations. | Naismith Memorial Basketball Hall of Fame Commemorative Coin Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Pyramid Promotional Scheme Act
of 2002''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Pyramid promotional schemes, chain letters, and related
schemes are enterprises--
(A) that finance returns to participants through
sums taken from newly attracted participants;
(B) in which new participants are promised large
returns for their investments; and
(C) involve fraud and deceptive sales tactics, and
lead to the victimization of unwitting individuals of
limited means.
(2) Pyramid promotional schemes, chain letters, and related
schemes constitute a threat in interstate commerce and to the
financial well-being of the citizens of the United States.
(3) The advent of the global Internet makes pyramid
promotional schemes international threats.
SEC. 3. DEFINITIONS.
In this Act:
(1) Compensation.--The term ``compensation''--
(A) subject to subparagraph (B), means a payment of
any money, thing of value, or financial benefit
conferred in return for inducing another person to
become a participant in a pyramid promotional scheme;
and
(B) does not include payments that are based on
sales of goods or services by a person to others,
including anyone who is purchasing the goods or
services for actual use or consumption.
(2) Consideration.--The term ``consideration''--
(A) subject to subparagraph (B), means the payment
of cash or the purchase of goods, services, or
intangible property; and
(B) does not include--
(i) the purchase of goods or services
furnished at cost to be used in making sales
and not for resale; or
(ii) time and effort spent in pursuit of
sales or recruiting activities.
(3) Participant.--The term ``participant'' means a person
who gives consideration for the opportunity to receive
compensation in return for inducing others to join a pyramid
promotional scheme.
(4) Person.--The term ``person'' means an individual, a
corporation, a partnership, or any association or
unincorporated organization.
(5) Promote.--The term ``promote'' means to contrive,
prepare, establish, plan, operate, advertise, or to otherwise
induce or attempt to induce another person to be a participant
in a pyramid promotional scheme.
(6) Pyramid promotional scheme.--The term ``pyramid
promotional scheme''--
(A) means any plan or operation by which a
participant gives consideration for the opportunity to
receive compensation that is derived primarily from the
introduction of other persons into the plan or
operation rather than from the sale and consumption of
goods, services, or intangible property by a
participant or other persons introduced into the plan
or operation; and
(B) includes such a plan or operation under which--
(i) the number of persons who may
participate is limited either expressly or by
the application of conditions affecting the
eligibility of a person to receive compensation
under the plan or operation; or
(ii) a participant, on giving any
consideration, obtains any goods, services, or
intangible property in addition to the right to
receive compensation.
SEC. 4. RULES TO PROHIBIT OPERATING PYRAMID PROMOTIONAL SCHEME.
Not later than one year after the date of the enactment of this
Act, the Federal Trade Commission shall promulgate a rule under section
18(a) of the Federal Trade Commission Act (15 U.S.C. 57a(a)) providing
that it shall be an unfair or deceptive act or practice under section 5
of such Act (15 U.S.C. 45) for any person, by the use of any means or
instrumentality of transportation or communication in interstate or
foreign commerce, to promote, offer, sell, or attempt to sell a
participation or the right to participate in a pyramid promotional
scheme.
SEC. 5. STATE ENFORCEMENT.
(a) Actions Under State Law.--Nothing in this Act or the Federal
Trade Commission Act prohibits an authorized State official from
proceeding in State court on the basis of an alleged violation of any
civil or criminal statute of such State.
(b) Actions Under Federal Law.--The attorney general of any State
or territory of the United States may, upon finding any person is
engaged or is about to engage in any act or practice that constitutes a
pyramid promotional scheme in violation of the rule promulgated under
section 4, bring an action in the appropriate district court of the
United States to enjoin such act or practice and to obtain other
appropriate relief on behalf of residents of such State. Such court may
grant a temporary restraining order, or a preliminary or permanent
injunction. | Anti-Pyramid Promotional Scheme Act of 2002 - Directs the Federal Trade Commission to promulgate a rule declaring that it is an unfair or deceptive act or practice for any person to use any means or instrumentality of transportation or communication in interstate or foreign commerce in order to promote, offer, sell, or attempt to sell a participation or the right to participate in a pyramid promotional scheme.Provides for civil and criminal enforcement under both State and Federal law. | To prohibit pyramid promotional schemes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Respect Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The dignity, freedom, and equality of all human beings
are fundamental to a thriving global community.
(2) The rights to life, liberty, and security of the
person, the right to privacy, and the right to freedom of
expression and association are fundamental rights.
(3) An alarming trend of violence directed at lesbian, gay,
bisexual, and transgender (in this section referred to as
``LGBT'') individuals around the world continues.
(4) More than one-third of all countries have laws
criminalizing consensual same-sex relations, and countries such
as Nigeria, the Russian Federation, Uganda, and Ukraine have
recently considered or passed legislation that would further
target LGBT individuals.
(5) Every year thousands of individuals around the world
are targeted for harassment, attack, arrest, and murder on the
basis of their sexual orientation or gender identity.
(6) Persons who commit crimes against LGBT individuals
often do so with impunity, and are not held accountable for
their crimes.
(7) Homophobic and transphobic statements by government
officials in many countries in every region of the world
promote negative public attitudes and can lead to violence
toward LGBT individuals.
(8) There are too many instances in which police, prison,
military, and civilian government authorities have been
directly complicit in abuses aimed at LGBT individuals,
including arbitrary arrest, torture, and sexual abuse.
(9) Celebrations of LGBT individuals and communities, such
as film festivals, Pride events, and demonstrations are often
forced underground because of inaction on the part of, or
harassment by, local law enforcement and government officials,
in violation of freedoms of assembly and expression.
(10) Laws criminalizing consensual same-sex relations
severely hinder access to HIV/AIDS treatment, information, and
preventive measures for LGBT individuals and families.
(11) Many countries are making positive developments in the
protection of the basic human rights of LGBT individuals.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Homeland Security,
and the Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
the Judiciary of the Senate.
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Person.--The term ``person'' means an individual or
entity.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 4. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR GROSS
VIOLATIONS OF HUMAN RIGHTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the President
shall submit to the appropriate congressional committees a list of each
foreign person that the President determines, based on credible
information--
(1) is responsible for or complicit in extrajudicial
killing, torture, or other gross violation of internationally
recognized human rights, including widespread or systematic
violation of the fundamental freedoms of expression,
association, or assembly, committed against an individual in a
foreign country based on actual or perceived sexual orientation
or gender identity;
(2) acted as an agent of or on behalf of a foreign person
in a matter relating to an activity described in paragraph (1);
or
(3) is responsible for or complicit in inciting a foreign
person to engage in an activity described in paragraph (1).
(b) Updates.--The President shall submit to the appropriate
congressional committees an update of the list required by subsection
(a) as new information becomes available.
(c) Guidance Relating to Submission of Certain Information.--The
Secretary of State shall issue public guidance, including through
United States diplomatic and consular posts, relating to how names of
foreign persons who may be included on the list required by subsection
(a) may be submitted to the Department of State.
(d) Form.--
(1) In general.--The list required by subsection (a) shall
be submitted in unclassified form.
(2) Exception.--The name of a foreign person to be included
in the list required by subsection (a) may be submitted in a
classified annex only if the President--
(A) determines that it is vital for the national
security interests of the United States to do so;
(B) uses the annex in a manner consistent with
congressional intent and the purposes of this Act; and
(C) not later than 15 days before transmitting the
name in a classified annex, provides to the appropriate
congressional committees notice of, and a justification
for, including or continuing to include each foreign
person in the classified annex despite any publicly
available credible information indicating that the
foreign person engaged in an activity described in
subsection (a).
(3) Consideration of certain information.--In preparing the
list required by subsection (a), the President shall consider--
(A) information provided by the chairperson or
ranking member of each of the appropriate congressional
committees; and
(B) credible information obtained by other
countries and nongovernmental organizations that
monitor violations of human rights.
(4) Public availability.--The unclassified portion of the
list required by subsection (a) shall be made available to the
public and published in the Federal Register.
(e) Removal From List.--A foreign person may be removed from the
list required by subsection (a) if the President determines and reports
to the appropriate congressional committees not later than 15 days
before the removal of the foreign person from the list that--
(1) credible information exists that the foreign person did
not engage in the activity for which the foreign person was
added to the list;
(2) the foreign person has been prosecuted appropriately
for the activity in which the foreign person engaged; or
(3) the foreign person has credibly demonstrated a
significant change in behavior, has paid an appropriate
consequence for the activities in which the foreign person
engaged, and has credibly committed to not engage in an
activity described in subsection (a).
(f) Requests by Chairperson or Ranking Member of Appropriate
Congressional Committees.--
(1) In general.--Not later than 120 days after receiving a
written request from the chairperson or ranking member of one
of the appropriate congressional committees with respect to
whether a foreign person meets the criteria for being added to
the list required by subsection (a), the President shall
transmit a response to that chairperson or ranking member, as
the case may be, with respect to the status of that foreign
person.
(2) Form.--The President may submit a response required by
paragraph (1) in classified form if the President determines
that it is necessary for the national security interests of the
United States to do so.
(3) Removal.--
(A) In general.--If the President removes a foreign
person from the list required by subsection (a), the
President shall provide the chairpersons and ranking
members of the appropriate congressional committees
with any information that contributed to the decision
to remove the foreign person from the list.
(B) Form of information.--The President may submit
the information required by subparagraph (A) in
classified form if the President determines that it is
necessary to the national security interests of the
United States to do so.
(g) Nonapplicability of Confidentiality Requirement With Respect to
Visa Records.--The President shall publish the list required by
subsection (a) without regard to the requirements of section 222(f) of
the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or refusal of
visas or permits to enter the United States.
SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS.
(a) Ineligibility for Visas and Admission to the United States.--An
individual who is a foreign person on the list required by section 4(a)
is ineligible to receive a visa to enter the United States and
ineligible to be admitted to the United States.
(b) Current Visas Revoked and Removal From United States.--The
Secretary of State shall revoke, in accordance with section 221(i) of
the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or
other documentation of an individual who would be ineligible to receive
such a visa or documentation under subsection (a), and the Secretary of
Homeland Security shall remove from the United States such an
individual.
(c) Waiver for National Security Interests.--
(1) In general.--The Secretary of State and the Secretary
of Homeland Security, in consultation with the President, may
waive the application of subsection (a) or (b), as the case may
be, in the case of an individual if--
(A) the Secretaries determine that such a waiver--
(i) is necessary to permit the United
States to comply with the Agreement between the
United Nations and the United States of America
regarding the Headquarters of the United
Nations, signed June 26, 1947, and entered into
force November 21, 1947, or other applicable
international obligations of the United States;
or
(ii) is in the national security interests
of the United States; and
(B) before granting the waiver, the Secretaries
provide to the appropriate congressional committees
notice of, and a justification for, the waiver.
(2) Timing for notice of certain waivers.--In the case of a
waiver under subparagraph (A)(ii) of paragraph (1), the
Secretary of State and the Secretary of Homeland Security shall
submit the notice required by subparagraph (B) of such
paragraph not later than 15 days before granting the waiver.
(d) Regulatory Authority.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State and the Secretary
of Homeland Security shall prescribe such regulations as are necessary
to carry out this section.
SEC. 6. REPORT TO CONGRESS.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the President, acting through the
Secretary of State, shall submit to the appropriate congressional
committees a report on--
(1) the actions taken to carry out this Act, including--
(A) the number of foreign persons added to or
removed from the list required by section 4(a) during
the year preceding the report, the dates on which those
persons were added or removed, and the reasons for
adding or removing those persons; and
(B) an analysis that compares increases or
decreases in the number of such persons year-over-year
and the reasons for those increases or decreases; and
(2) efforts by the executive branch to coordinate with the
governments of other countries to, as appropriate, impose
sanctions that are similar to the sanctions imposed under this
Act.
SEC. 7. DISCRIMINATION RELATED TO SEXUAL ORIENTATION OR GENDER
IDENTITY.
(a) Tracking Violence or Criminalization Related to Sexual
Orientation or Gender Identity.--The Assistant Secretary of State for
Democracy, Human Rights, and Labor shall designate a senior officer or
officers of the Bureau for Democracy, Human Rights, and Labor who shall
be responsible for tracking violence, criminalization, and restrictions
on the enjoyment of fundamental freedoms, consistent with United States
law, in foreign countries based on actual or perceived sexual
orientation or gender identity.
(b) Annual Country Reports on Human Rights Practices.--The Foreign
Assistance Act of 1961 is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d))--
(A) in paragraph (11)(C), by striking ``and'' at
the end;
(B) in paragraph (12)(C)(ii), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(13) wherever applicable, violence or discrimination that
affects the fundamental freedoms, including widespread or
systematic violation of the freedoms of expression,
association, or assembly (as those freedoms are interpreted
under United States law), of individuals in foreign countries
that is based on actual or perceived sexual orientation or
gender identity.''; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting
after the ninth sentence the following new sentence: ``Wherever
applicable, such report shall also include information
regarding violence or discrimination that affects the
fundamental freedoms, including widespread or systematic
violation of the freedoms of expression, association, or
assembly (as those freedoms are interpreted under United States
law), of individuals in foreign countries that is based on
actual or perceived sexual orientation or gender identity.''. | Global Respect Act The President shall submit to Congress a list of each foreign person that the President determines is responsible, or acted as an agent, for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against an individual in a foreign country based on actual or perceived sexual orientation or gender identity. A listed foreign person shall be ineligible to enter or be admitted to the United States. Any visa issued for such person is revoked. The Department of State and the Department of Homeland Security shall waive this prohibition if in U.S. national security interests or if necessary for compliance with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters. Congressional notification before any such waiver is required. The Assistant Secretary for Democracy, Human Rights and Labor shall designate a senior officer or officers to track violence, criminalization, and restrictions on fundamental freedoms in foreign countries based on actual or perceived sexual orientation or gender identity. The Foreign Assistance Act of 1961 is amended to include information on sexual orientation or gender identity violence or restrictions in the annual country reports on human rights practices. | Global Respect Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lawful Purpose and Self Defense
Act''.
SEC. 2. ELIMINATION OF AUTHORITY TO RECLASSIFY POPULAR RIFLE AMMUNITION
AS ``ARMOR PIERCING AMMUNITION''.
Section 921(a)(17) of title 18, United States Code, is amended--
(1) in subparagraph (B)--
(A) in clause (i), by striking ``may be used'' and
inserting ``is designed and intended by the
manufacturer or importer for use''; and
(B) in clause (ii), by inserting ``by the
manufacturer or importer'' before ``for use''; and
(2) in subparagraph (C), by striking ``the Attorney General
finds is primarily intended to be used for sporting purposes''
and inserting ``is primarily intended by the manufacturer or
importer to be used in a rifle or shotgun, a handgun projectile
that is designed and intended by the manufacturer or importer
to be used for hunting, recreational, or competitive
shooting''.
SEC. 3. ELIMINATION OF RESTRICTIONS ON IMPORTATION OF NON-NATIONAL
FIREARMS ACT FIREARM OR AMMUNITION THAT MAY OTHERWISE BE
LAWFULLY POSSESSED AND SOLD IN THE UNITED STATES.
(a) Elimination of Prohibitions.--Section 922 of title 18, United
States Code, is amended--
(1) in subsection (a), by striking paragraph (7) and
inserting the following:
``(7) for any person to manufacture or import armor
piercing ammunition, unless the manufacture or importation of
the ammunition--
``(A) is for the use of the United States, any
department or agency of the United States, any State,
or any department, agency, or political subdivision of
a State;
``(B) is for the purpose of exportation; or
``(C) is for the purpose of testing or
experimentation, and has been authorized by the
Attorney General;'';
(2) in subsection (l), by striking ``925(d) of this
chapter'' and inserting ``925''; and
(3) by striking subsection (r).
(b) Broadening of Exceptions.--Section 925 of title 18, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``determined''
and all that follows through the end and inserting
``intended for the lawful personal use of such member
or club.''; and
(B) in paragraph (4), by striking ``(A)'' and all
that follows through ``for the'' and inserting
``intended for the lawful''; and
(2) by striking subsections (d), (e), and (f) and inserting
the following:
``(d)(1) Not later than 30 days after the Attorney General receives
an application therefor, the Attorney General shall authorize a firearm
or ammunition to be imported or brought into the United States or any
possession thereof if--
``(A) the firearm or ammunition is being imported or
brought in for scientific, research, testing, or
experimentation purposes;
``(B) the firearm is an unserviceable firearm (other than a
machine gun as defined in section 5845(b) of the Internal
Revenue Code of 1986 that is readily restorable to firing
condition) imported or brought in as a curio or museum piece;
``(C) the firearm is not a firearm as defined in section
5845(a) of the Internal Revenue Code of 1986;
``(D) the ammunition is not armor piercing ammunition (as
defined in section 921(a)(17)(B) of this title), unless
subparagraph (A), (E), (F), or (G) of this paragraph applies;
``(E) the firearm or ammunition is being imported or
brought in for the use of the United States, any department or
agency of the United States, any State, or any department,
agency, or political subdivision of a State;
``(F) the firearm or ammunition is being imported or
brought in for the purpose of exportation;
``(G) the firearm or ammunition was previously taken out of
the United States or a possession thereof by the person who is
bringing in the firearm or ammunition; or
``(H) the firearm is a firearm defined as curio or relic by
the Attorney General under section 921(a)(13) of this title.
``(2) Not later than 30 days after the Attorney General receives an
application therefor, the Attorney General shall permit the conditional
importation or bringing in of a firearm or ammunition for examination
and testing in connection with the making of a determination as to
whether the importation or bringing in of the firearm or ammunition
will be allowed under this subsection.
``(3) The Attorney General shall not authorize, under this
subsection, the importation of any firearm the importation of which is
prohibited by section 922(p).''.
SEC. 4. PROTECTION OF SHOTGUNS, SHOTGUN SHELLS, AND LARGE CALIBER
RIFLES FROM ARBITRARY CLASSIFICATION AS ``DESTRUCTIVE
DEVICES''.
(a) Amendments to the National Firearms Act.--Section 5845(f) of
the National Firearms Act is amended--
(1) in paragraph (2) of the first sentence, by striking
``recognized as particularly suitable for sporting purposes''
and inserting ``recognized as suitable for lawful purposes'';
and
(2) in the second sentence, by striking ``use solely for
sporting purposes'' and inserting ``use for sporting
purposes''.
(b) Amendments to Title 18, United States Code.--Section 921(a)(4)
of title 18, United States Code, is amended--
(1) in subparagraph (B) of the 1st sentence, by striking
``particularly suitable for sporting'' and inserting ``suitable
for lawful''; and
(2) in the 2nd sentence, by striking ``solely''.
SEC. 5. BROADENING OF THE TEMPORARY INTERSTATE TRANSFER PROVISION TO
ALLOW TEMPORARY TRANSFERS FOR ALL LAWFUL PURPOSES RATHER
THAN JUST FOR ``SPORTING PURPOSES''.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (5)(B), by striking ``sporting'';
and
(B) in paragraph (9), by striking ``sporting''; and
(2) in subsection (b)(3)(B), by striking ``sporting''. | Lawful Purpose and Self Defense Act This bill amends the federal criminal code to modify the definition of "armor piercing ammunition" for purposes of federal firearms provisions to: (1) include a projectile that is designed and intended by the manufacturer or importer for use in a handgun (currently, a projectile that may be used in a handgun); (2) repeal the exclusion of a projectile that the Department of Justice (DOJ) finds is primarily intended for sporting purposes; and (3) exclude a projectile that is primarily intended by the manufacturer or importer to be used in a rifle or shotgun and a handgun projectile that is designed and intended by the manufacturer or importer to be used for hunting, recreational, or competitive shooting. It repeals a prohibition on assembling from imported parts a semiautomatic rifle or shotgun that is identical to one prohibited from importation as not being suitable for or readily adaptable to sporting purposes. It repeals the condition that in order for a licensed importer, manufacturer, or dealer to be permitted to ship to a member of the U.S. Armed Forces on active duty outside the United States or to clubs whose entire membership is composed of such members, and for such members or clubs to be permitted to receive, a firearm or ammunition intended for the lawful personal use of such members or club, the firearm or ammunition must be determined by DOJ to be generally recognized as particularly suitable for sporting purposes. The bill includes among the categories of firearms or ammunition that may be authorized for importation into the United States by DOJ, within 30 days after receiving an application therefor: (1) ammunition that is not armor piercing ammunition; (2) a firearm or ammunition that is being brought in for the use of a federal, state, or local government agency; and (3) a firearm or ammunition that is being imported for the purpose of exportation. It amends the National Firearms Act to modify the definition of "destructive device" to exclude: (1) a shotgun or shotgun shell which the Department of the Treasury finds is generally recognized as particularly suitable for lawful (currently, sporting) purposes; and (2) an antique or a rifle which the owner intends to use for (currently, solely for) sporting purposes. It authorizes the temporary interstate transfer of a firearm for lawful (currently, sporting) purposes. | Lawful Purpose and Self Defense Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Homeownership and Equity
Protection Act''.
SEC. 2. ELIGIBILITY FOR RELIEF.
Section 109 of title 11, United States Code, is amended--
(1) by adding at the end of subsection (e) the following:
``For purposes of this subsection, the computation of debts
shall not include the secured or unsecured portions of--
``(1) debts secured by the debtor's principal residence if
the current value of that residence is less than the secured
debt limit; or
``(2) debts secured or formerly secured by real property
that was the debtor's principal residence that was sold in
foreclosure or that the debtor surrendered to the creditor if
the current value of such real property is less than the
secured debt limit.''; and
(2) by adding at the end of subsection (h) the following:
``(5) The requirements of paragraph (1) shall not apply in a case
under chapter 13 with respect to a debtor who submits to the court a
certification that the debtor has received notice that the holder of a
claim secured by the debtor's principal residence may commence a
foreclosure on the debtor's principal residence.''.
SEC. 3. AUTHORITY TO MODIFY CERTAIN MORTGAGES.
Section 1322(b) of title 11, United States Code, is amended--
(1) by redesignating paragraph (11) as paragraph (12),
(2) in paragraph (10) by striking ``and'' at the end, and
(3) by inserting after paragraph (10) the following:
``(11) notwithstanding paragraph (2) and otherwise
applicable nonbankruptcy law, with respect to a claim for a
loan made before the date of the enactment of the Emergency
Homeownership and Equity Protection Act secured by a security
interest in the debtor's principal residence that is the
subject of a notice that a foreclosure may be commenced, modify
the rights of the holder of such claim--
``(A) by providing for payment of the amount of the
allowed secured claim as determined under section
506(a)(1);
``(B) if any applicable rate of interest is
adjustable under the terms of such security interest by
prohibiting, reducing, or delaying adjustments to such
rate of interest applicable on and after the date of
filing of the plan;
``(C) by modifying the terms and conditions of such
loan--
``(i) to extend the repayment period for a
period that is no longer than the longer of 40
years (reduced by the period for which such
loan has been outstanding) or the remaining
term of such loan, beginning on the date of the
order for relief under this chapter; and
``(ii) to provide for the payment of
interest accruing after the date of the order
for relief under this chapter at an annual
percentage rate calculated at a fixed annual
percentage rate, in an amount equal to the then
most recently published annual yield on
conventional mortgages published by the Board
of Governors of the Federal Reserve System, as
of the applicable time set forth in the rules
of the Board, plus a reasonable premium for
risk; and
``(D) by providing for payments of such modified
loan directly to the holder of the claim; and''.
SEC. 4. COMBATING EXCESSIVE FEES.
Section 1322(c) of title 11, the United States Code, is amended--
(1) in paragraph (1) by striking ``and'' at the end,
(2) in paragraph (2) by striking the period at the end and
inserting a semicolon, and
(3) by adding at the end the following:
``(3) the debtor, the debtor's property, and property of
the estate are not liable for a fee, cost, or charge that is
incurred while the case is pending and arises from a debt that
is secured by the debtor's principal residence except to the
extent that--
``(A) the holder of the claim for such debt files
with the court (annually or, in order to permit filing
consistent with clause (ii), at such more frequent
periodicity as the court determines necessary) notice
of such fee, cost, or charge before the earlier of--
``(i) 1 year after such fee, cost, or
charge is incurred; or
``(ii) 60 days before the closing of the
case; and
``(B) such fee, cost, or charge--
``(i) is lawful under applicable
nonbankruptcy law, reasonable, and provided for
in the applicable security agreement; and
``(ii) is secured by property the value of
which is greater than the amount of such claim,
including such fee, cost, or charge;
``(4) the failure of a party to give notice described in
paragraph (3) shall be deemed a waiver of any claim for fees,
costs, or charges described in paragraph (3) for all purposes,
and any attempt to collect such fees, costs, or charges shall
constitute a violation of section 524(a)(2) or, if the
violation occurs before the date of discharge, of section
362(a); and
``(5) a plan may provide for the waiver of any prepayment
penalty on a claim secured by the debtor's principal
residence.''.
SEC. 5. CONFIRMATION OF PLAN.
Section 1325(a) of title 11, the United States Code, is amended--
(1) in paragraph (8) by striking ``and'' at the end,
(2) in paragraph (9) by striking the period at the end and
inserting a semicolon, and
(3) by inserting after paragraph (9) the following:
``(10) notwithstanding subclause (I) of paragraph
(5)(B)(i), the plan provides that the holder of a claim whose
rights are modified pursuant to section 1322(b)(11) retain the
lien until the later of--
``(A) the payment of such holder's allowed secured
claim; or
``(B) discharge under section 1328; and
``(11) the plan modifies a claim in accordance with section
1322(b)(11), and the court finds that such modification is in
good faith.''.
SEC. 6. DISCHARGE.
Section 1328 of title 11, the United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(other than payments to holders
of claims whose rights are modified under section
1322(b)(11)'' after ``paid'' the 1st place it appears,
and
(B) in paragraph (1) by inserting ``or, to the
extent of the unpaid portion of an allowed secured
claim, provided for in section 1322(b)(11)'' after
``1322(b)(5)'', and
(2) in subsection (c)(1) by inserting ``or, to the extent
of the unpaid portion of an allowed secured claim, provided for
in section 1322(b)(11)'' after ``1322(b)(5)''.
SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall apply with respect to cases commenced under title 11 of the
United States Code before, on, or after the date of the enactment of
this Act. | Emergency Homeownership and Equity Protection Act - Amends federal bankruptcy law governing a Chapter 13 debtor (adjustment of debts of an individual with regular income). Excludes from computation of debts the secured or unsecured portions of: (1) debts secured by the debtor's principal residence if the current value of that residence is less than the secured debt limit; or (2) debts secured or formerly secured by debtor's principal residence that was either sold in foreclosure or surrendered to the creditor if the current value of such real property is less than the secured debt limit.
Declares the credit counseling requirement inapplicable to a Chapter 13 debtor who certifies that he or she has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence.
Allows modification of the rights of claim holders, in the event of a foreclosure notice for a chapter 13 debtor, among other means by: (1) reducing a claim to equal the value of the debtor's interest in the residence securing such claim, and any adjustments to a related adjustable rate of interest; (2) waiving early repayment or prepayment penalties; and (3) extending the repayment period.
Denies debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements.
Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of such claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith.
Excludes from final discharge of a debtor from all debts: (1) any payments to claim holders whose rights are modified under this Act; and (2) any unpaid portion of a claim as reduced. | To amend title 11 of the United States Code with respect to modification of certain mortgages on principal residences, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Our Climate Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Intergovernmental Panel on Climate Change (IPCC)
has concluded that human emissions of greenhouse gases,
particularly carbon dioxide are responsible for global climate
change.
(2) The IPCC has estimated that global temperatures will
rise between 3.2-7.2 degrees Farenheit in the next 100 years if
carbon dioxide emissions are not dramatically reduced.
(3) An increase of even a few degrees could have major
adverse impacts on both the human and man-made environments,
due to rising sea-levels, intensification of weather events,
mass extinction of species, and scarcity of water.
(4) The United States is responsible for nearly 24 percent
of the world's carbon dioxide emissions, equaling approximately
six billion metric tons of carbon dioxide per year.
(5) In order to stabilize the earth's climate and prevent
catastrophic global climate change, the level of worldwide
carbon dioxide emissions need to be reduced 80 percent by 2050.
(6) A tax on fossil fuels based on carbon content will
reduce the incentive to burn those fuels, thereby reducing
carbon dioxide emissions.
(7) Revenue collected from a tax on fossil fuels could be
used to decrease taxes on low and middle-income taxpayers, to
fund research and development of alternative green energy
sources, or to increase funding for other domestic social
priorities.
SEC. 3. IMPOSITION OF CARBON TAX ON PRIMARY FOSSIL FUELS.
(a) General Rule.--Chapter 38 of the Internal Revenue Code of 1986
(relating to environmental taxes) is amended by adding at the end
thereof the following new subchapter:
``Subchapter E--Carbon Tax on Primary Fossil Fuels
``Sec. 4691. Imposition of tax.
``SEC. 4691. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed a tax on any taxable
fuel sold by the manufacturer, producer, or importer thereof.
``(b) Amount of Tax.--
``(1) In general.--The amount of tax imposed by subsection
(a) on any taxable fuel shall be an equivalent amount to $10
per ton of carbon content in such fuel, as determined by the
Secretary in consultation with the Secretary of Energy.
``(2) Annual increase in amount of tax.--For each calendar
year beginning after 2008 and ending with the year after the
target attainment year, paragraph (1) shall be applied by
substituting for `$10' the following: `the amount in effect
under this paragraph for the preceding calendar year, increased
by $10,'.
``(3) Rate freeze after target attainment.--For the second
year after the target attainment year and each year thereafter,
the amount in effect under paragraph (1) shall be the amount in
effect under paragraph (1) for the first year after the target
attainment year.
``(4) Target attainment year.--For purposes of paragraph
(2), a calendar year is the target attainment year if the level
of carbon dioxide emissions in the United States for the
calendar year does not exceed 20 percent of the level of carbon
dioxide emissions in the United States for calendar year 1990,
as determined by the Energy Information Administration,
Department of Energy.
``(c) Taxable Fuel.--For purposes of this section, the term
`taxable fuel' means--
``(1) coal (including lignite and peat),
``(2) petroleum and any petroleum product (as defined in
section 4612(a)(3)), and
``(3) natural gas,
which is extracted, manufactured, or produced in the United States or
entered into the United States for consumption, use, or warehousing.
``(d) Other Definitions.--For purposes of this section--
``(1) United states.--The term `United States' has the
meaning given such term by section 4612(a)(4).
``(2) Importer.--The term `importer' means the person
entering the taxable fuel for consumption, use, or warehousing.
``(3) Ton.--The term `ton' means 2,000 pounds. In the case
of any taxable fuel which is a gas, the term `ton' means the
amount of such gas in cubic feet which is the equivalent of
2,000 pounds on a molecular weight basis.
``(e) Exception.--No tax shall be imposed by subsection (a) on the
sale or in-kind exchange of any taxable fuel for deposit in the
Strategic Petroleum Reserve established under part B of title I of the
Energy Policy and Conservation Act.
``(f) Special Rules.--
``(1) Only 1 tax imposed with respect to any product.--No
tax shall be imposed by subsection (a) with respect to a
taxable fuel if, with respect to such fuel, the person who
would be liable for such tax establishes that a prior tax
imposed by such subsection has been imposed and no refund or
credit with respect to such tax is allowed under subsection
(g).
``(2) Fractional part of ton.--In the case of a fraction of
a ton, the tax imposed by subsection (a) shall be the same
fraction of the amount of such tax imposed on a whole ton.
``(3) Use and certain exchanges by manufacturer, etc.--
``(A) Use treated as sale.--If any person
manufactures, produces, or imports any taxable fuel and
uses such fuel, then such person shall be liable for
tax under subsection (a) in the same manner as if such
fuel were sold by such person.
``(B) Special rules for inventory exchanges.--
``(i) In general.--Except as provided in
this subparagraph, in any case in which a
manufacturer, producer, or importer of a
taxable fuel exchanges such fuel as part of an
inventory exchange with another person--
``(I) such exchange shall not be
treated as a sale, and
``(II) such other person shall, for
purposes of subsection (a), be treated
as the manufacturer, producer, or
importer of such fuel.
``(ii) Registration requirement.--Clause
(i) shall not apply to any inventory exchange
unless--
``(I) both parties are registered
with the Secretary as manufacturers,
producers, or importers of taxable
fuels, and
``(II) the person receiving the
taxable fuel has, at such time as the
Secretary may prescribe, notified the
manufacturer, producer, or importer of
such person's registration number and
the internal revenue district in which
such person is registered.
``(iii) Inventory exchange.--For purposes
of this subparagraph, the term `inventory
exchange' means any exchange in which 2 persons
exchange property which is, in the hands of
each person, property described in section
1221(a)(1).
``(g) Refund or Credit for Certain Uses.--
``(1) Manufacture or production of another taxable fuel.--
Under regulations prescribed by the Secretary, if--
``(A) a tax under subsection (a) was paid with
respect to any taxable fuel, and
``(B) such fuel was used by any person in the
manufacture or production of any other substance which
is a taxable fuel,
then a credit or refund (without interest) shall be allowed, in
the same manner as if it were an overpayment of tax imposed by
subsection (a), to such person in an amount equal to the tax so
paid.
``(2) Embedded or sequestered carbon.--Under regulations
prescribed by the Secretary, if--
``(A) a tax under subsection (a) was paid with
respect to any taxable fuel,
``(B) a person uses such fuel in the manufacture or
production of any substance which is not a taxable
fuel, and
``(C) in the process of such manufacture or
production, carbon in such fuel is embedded or
sequestered,
then a credit or refund (without interest) shall be allowed to
such person in the same manner as if it were an overpayment of
tax imposed by subsection (a). The amount of such credit or
refund shall be an amount equal to the amount of tax in effect
under subsection (a) with respect to such fuel for the calendar
year in which such manufacture or production occurred,
determined on the basis of carbon so embedded or sequestered.
``(3) Limitation.--In any case to which paragraph (1) or
(2) applies, the amount of any such credit or refund shall not
exceed the amount of tax imposed by subsection (a) on the
taxable fuel used in such manufacture or production (or which
would have been imposed by such subsection on such other fuel
but for subsection (h)).
``(h) Exemption for Exports of Taxable Fuels.--
``(1) Tax-free sales.--
``(A) In general.--No tax shall be imposed by
subsection (a) on the sale by the manufacturer or
producer of any taxable fuel for export or for resale
by the purchaser to a second purchaser for export.
``(B) Proof of export required.--Rules similar to
the rules of section 4221(b) shall apply for purposes
of subparagraph (A).
``(2) Credit or refund where tax paid.--
``(A) In general.--Except as provided in
subparagraph (B), if--
``(i) tax under subsection (a) was paid
with respect to any taxable fuel, and
``(ii)(I) such fuel was exported by any
person, or
``(II) such fuel was used as a material in
the manufacture or production of a taxable fuel
which was exported by any person and which, at
the time of export, was a taxable fuel,
credit or refund (without interest) of such tax shall
be allowed or made to the person who paid such tax.
``(B) Condition to allowance.--No credit or refund
shall be allowed or made under subparagraph (A) unless
the person who paid the tax establishes that he--
``(i) has repaid or agreed to repay the
amount of the tax to the person who exported
the taxable fuel, or
``(ii) has obtained the written consent of
such exporter to the allowance of the credit or
the making of the refund.
``(C) Refunds directly to exporter.--The Secretary
shall provide, in regulations, the circumstances under
which a credit or refund (without interest) of the tax
under subsection (a) shall be allowed or made to the
person who exported the taxable fuel, where--
``(i) the person who paid the tax waives
his claim to the amount of such credit or
refund, and
``(ii) the person exporting the taxable
fuel provides such information as the Secretary
may require in such regulations.
``(3) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection.''.
(b) Study.--Not later than 5 years after the date of the enactment
of this Act, and every 5 years thereafter, the Secretary of the
Treasury, in consultation with the Secretary of Energy, shall conduct a
study on the environmental, economic, and revenue impacts regarding the
tax imposed by subchapter E of chapter 38 of the Internal Revenue Code
of 1986 (relating to carbon tax on primary fossil fuels). The Secretary
shall submit each study to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate.
(c) Clerical Amendment.--The table of subchapters for chapter 38 of
such Code is amended by adding at the end thereof the following new
item:
``subchapter e. carbon tax on primary fossil fuels''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2008. | Save Our Climate Act of 2007 - Amends the Internal Revenue Code to impose an excise tax on the carbon content of any taxable fuel sold by a manufacturer, producer, or importer. Sets the amount of such tax at $10 per ton of the carbon content in such fuel. Defines "taxable fuel" as coal (including lignite and peat), petroleum and any petroleum product, and natural gas. Exempts from such tax the sale or in-kind exchange of fuel for deposit in the Strategic Petroleum Reserve and certain exports or resales of such fuel. | To amend the Internal Revenue Code of 1986 to reduce emissions of carbon dioxide by imposing a tax on primary fossil fuels based on their carbon content. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Assistance Commission
Termination Act''.
SEC. 2. TERMINATION OF ELECTION ASSISTANCE COMMISSION.
(a) Termination.--The Help America Vote Act of 2002 (52 U.S.C.
20901 et seq.) is amended by adding at the end the following new title:
``TITLE X--TERMINATION OF COMMISSION
``SEC. 1001. TERMINATION.
``Effective on the Commission termination date, the Commission
(including the Election Assistance Commission Standards Board and the
Election Assistance Commission Board of Advisors under part 2 of
subtitle A of title II) is terminated and may not carry out any
programs or activities.
``SEC. 1002. OFFICE OF MANAGEMENT AND BUDGET TO PERFORM TRANSITION
FUNCTIONS.
``Except as provided in section 1004, the Director of the Office of
Management and Budget shall, effective upon the Commission termination
date--
``(1) perform the functions of the Commission with respect
to contracts and agreements described in subsection 1003(a)
until the expiration of such contracts and agreements, but
shall not renew any such contract or agreement; and
``(2) take the necessary steps to wind up the affairs of
the Commission.
``SEC. 1003. SAVINGS PROVISIONS.
``(a) Prior Contracts.--The termination of the Commission under
this title shall not affect any contract that has been entered into by
the Commission before the Commission termination date. All such
contracts shall continue in effect until modified, superseded,
terminated, set aside, or revoked in accordance with law by an
authorized Federal official, a court of competent jurisdiction, or
operation of law.
``(b) Obligations of Recipients of Payments.--
``(1) In general.--The termination of the Commission under
this title shall not affect the authority of any recipient of a
payment made by the Commission under this Act prior to the
Commission termination date to use any portion of the payment
that remains unobligated as of the Commission termination date,
and the terms and conditions that applied to the use of the
payment at the time the payment was made shall continue to
apply.
``(2) Special rule for states receiving requirements
payments.--In the case of a requirements payment made to a
State under part 1 of subtitle D of title II, the terms and
conditions applicable to the use of the payment for purposes of
the State's obligations under this subsection (as well as any
obligations in effect prior to the termination of the
Commission under this subtitle), and for purposes of any
applicable requirements imposed by regulations promulgated by
the Director of the Office of Management and Budget, shall be
the general terms and conditions applicable under Federal law,
rules, and regulations to payments made by the Federal
Government to a State, except that to the extent that such
general terms and conditions are inconsistent with the terms
and conditions that are specified under part 1 of subtitle D of
title II or section 902, the terms and conditions specified
under such part and such section shall apply.
``(c) Pending Proceedings.--
``(1) No effect on pending proceedings.--The termination of
the Commission under this title shall not affect any proceeding
to which the Commission is a party that is pending on the
Commission termination date, including any suit to which the
Commission is a party that is commenced prior to such date, and
the Director of the Office of Management and Budget shall be
substituted or added as a party to the proceeding.
``(2) Treatment of orders.--In the case of a proceeding
described in paragraph (1), an order may be issued, an appeal
may be taken, judgments may be rendered, and payments may be
made as if the Commission had not been terminated. Any such
order shall continue in effect until modified, terminated,
superseded, or revoked by an authorized Federal official, a
court of competent jurisdiction, or operation of law.
``(3) Construction relating to discontinuance or
modification.--Nothing in this subsection shall be deemed to
prohibit the discontinuance or modification of any proceeding
described in paragraph (1) under the same terms and conditions
and to the same extent that such proceeding could have been
discontinued or modified if the Commission had not been
terminated.
``(4) Regulations for transfer of proceedings.--The
Director of the Office of Management and Budget may issue
regulations providing for the orderly transfer of proceedings
described in paragraph (1).
``(d) Judicial Review.--Orders and actions of the Director of the
Office of Management and Budget in the exercise of functions of the
Commission under section 1002 shall be subject to judicial review to
the same extent and in the same manner as if such orders and actions
had been issued or taken by the Commission. Any requirements relating
to notice, hearings, action upon the record, or administrative review
that apply to any function of the Commission shall apply to the
exercise of such function by the Director.
``SEC. 1004. RETURN TO FEDERAL ELECTION COMMISSION OF AUTHORITY TO
CARRY OUT CERTAIN FUNCTIONS UNDER NATIONAL VOTER
REGISTRATION ACT OF 1993.
``Effective on the Commission termination date, there are
transferred to the Federal Election Commission any functions
transferred to the Election Assistance Commission under section 802
(relating to functions described in section 9(a) of the National Voter
Registration Act of 1993).
``SEC. 1005. COMMISSION TERMINATION DATE.
``The `Commission termination date' is the first date following the
expiration of the 60-day period that begins on the date of the
enactment of this title.''.
(b) Termination of Technical Guidelines Development Committee.--
Section 221 of such Act (52 U.S.C. 20961) is amended by adding at the
end the following new subsection:
``(g) Termination.--Effective on the Commission termination date
described in section 1005, the Development Committee is terminated.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end the following:
``TITLE X--TERMINATION OF COMMISSION
``Sec. 1001. Termination.
``Sec. 1002. Office of Management and Budget to perform transition
functions.
``Sec. 1003. Savings provisions.
``Sec. 1004. Return to Federal Election Commission of authority to
carry out certain functions under National
Voter Registration Act of 1993.
``Sec. 1005. Commission termination date.''.
SEC. 3. CONFORMING AMENDMENTS RELATING TO RETURN OF CERTAIN AUTHORITY
TO FEDERAL ELECTION COMMISSION.
(a) Federal Election Campaign Act of 1971.--Section 311(a) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30111(a)) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting a semicolon; and
(3) by adding at the end the following new paragraph:
``(10) carry out the duties described in section 9(a) of
the National Voter Registration Act of 1993.''.
(b) National Voter Registration Act of 1993.--Section 9(a) of the
National Voter Registration Act of 1993 (52 U.S.C. 20508(a)) is amended
by striking ``Election Assistance Commission'' and inserting ``Federal
Election Commission''.
(c) Effective Date.--The amendments made by this section shall take
effect on the Commission termination date described in section 1005 of
the Help America Vote Act of 2002 (as added by section 2(a)). | Election Assistance Commission Termination Act This bill amends the Help America Vote Act of 2002 to terminate the Election Assistance Commission (EAC), including the EAC Standards Board and the EAC Board of Advisors. The Office of Management and Budget must perform EAC functions with respect to existing contracts and agreements and must wind up EAC affairs. This bill transfers specified election administration functions of the EAC to the Federal Election Commission. This bill terminates the Technical Guidelines Development Committee. | Election Assistance Commission Termination Act |
SECTION 1. FORT PRESQUE ISLE NATIONAL HISTORIC SITE, PENNSYLVANIA.
(a) Findings and Purposes.--
(1) Findings.--The Congress finds the following:
(A) Fort Presque Isle was a frontier outpost
located on Garrison Hill in the area of present-day
Erie, Pennsylvania, which was the site of the American
installations built in 1795 and 1796 and in the War of
1812.
(B) General Anthony Wayne was a Revolutionary War
hero who served under General George Washington and, at
one point, was commanding general of the United States
Army. He first arrived in the area of Presque Isle in
1786.
(C) Legend has it that General Wayne was nicknamed
``Mad'' by his troops, not for being rash or foolish,
but for his leadership and bravery on and off the
battlefield.
(D) The original blockhouse of Fort Presque Isle
was built in 1795 by 200 Federal troops from General
Wayne's army, under the direction of Captain John
Grubb. It was the first blockhouse used as part of a
defensive system established to counter Native American
uprisings. It was also used during the War of 1812.
(E) General Wayne was stricken ill at Fort Presque
Isle and died there in 1796. At his request, his body
was buried under the flagpole of the northwest
blockhouse of the fort.
(F) The original blockhouse of Fort Presque Isle
burned in 1852, and the existing structure was built by
the Commonwealth of Pennsylvania in 1880 as a memorial
to General Wayne.
(G) The Pennsylvania Historical and Museum
Commission has recognized the reconstructed blockhouse
as eligible for placement on the National Register of
Historic Places.
(2) Purposes.--The purposes of this section are the
following:
(A) To provide for reconstruction of the frontier
fort at Presque Isle for the benefit, inspiration, and
education of the people of the United States.
(B) To preserve the original grave site of General
``Mad'' Anthony Wayne at Fort Presque Isle.
(C) To broaden understanding of the historical
significance of Fort Presque Isle.
(b) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the
Fort Presque Isle National Historic Site established by
subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment of Fort Presque Isle National Historic Site.--
(1) Establishment.--There is established as a unit of the
National Park System the Fort Presque Isle National Historic
Site in Erie, Pennsylvania.
(2) Description.--
(A) In general.--The historic site shall consist of
land and improvements comprising the historic location
of Fort Presque Isle, including the existing blockhouse
replica at that location, as depicted on a map entitled
``________'', numbered ________ and dated ________,
comprising approximately ________ acres.
(B) Map and boundary description.--The map referred
to in subparagraph (A) and accompanying boundary
description shall be on file and available for public
inspection in the office of the Director of the
National Park Service and any other office of the
National Park Service that the Secretary determines to
be an appropriate location for filing the map and
boundary description.
(d) Administration of the Historic Site.--
(1) In general.--The Secretary shall administer the
historic site in accordance with this section and the
provisions of law generally applicable to units of the National
Park System, including the Act of August 25, 1916 (commonly
known as the National Park Service Organic Act; 16 U.S.C. 1 et
seq.), and the Act of August 21, 1935 (commonly known as the
Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461
et seq.).
(2) Cooperative agreements.--To further the purposes of
this section, the Secretary may enter into a cooperative
agreement with any interested individual, public or private
agency, organization, or institution.
(3) Technical and preservation assistance.--
(A) In general.--The Secretary may provide to any
eligible person described in subparagraph (B) technical
assistance for the preservation of historic structures
of, the maintenance of the cultural landscape of, and
local preservation planning for, the historic site.
(B) Eligible persons.--The eligible persons
described in this subparagraph are--
(i) an owner of real property within the
boundary of the historic site, as described in
subsection (c)(2); and
(ii) any interested individual, agency,
organization, or institution that has entered
into an agreement with the Secretary pursuant
to paragraph (2) of this subsection.
(e) Acquisition of Real Property--The Secretary may acquire by
donation, exchange, or purchase with funds made available by donation
or appropriation, such lands or interests in lands as may be necessary
to allow for the interpretation, preservation, or restoration of the
historic site.
(f) General Management Plan.--
(1) In general.--Not later than the last day of the third
full fiscal year beginning after the date of enactment of this
Act, the Secretary shall, in consultation with the officials
described in paragraph (2), prepare a general management plan
for the historic site.
(2) Consultation.--In preparing the general management
plan, the Secretary shall consult with an appropriate official
of each appropriate political subdivisions of the State of
Pennsylvania that have jurisdiction over all or a portion of
the historic site.
(3) Submission of plan to congress.--Upon the completion of
the general management plan, the Secretary shall submit a copy
of the plan to the Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of the House of
Representatives. | Authorizes the Secretary of the Interior, in administering the site, to acquire by donation, exchange, or purchase any lands or interests necessary to allow for the site's interpretation, preservation, or restoration.
Requires the Secretary to prepare and submit to specified congressional committees a general management plan for the site. | To establish the Fort Presque Isle National Historic Site in the Commonwealth of Pennsylvania. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Target Practice and Marksmanship
Training Support Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to facilitate the construction and
expansion of public target ranges, including ranges on Federal land
managed by the Forest Service and the Bureau of Land Management.
SEC. 3. DEFINITION OF PUBLIC TARGET RANGE.
In this Act, the term ``public target range'' means a specific
location that--
(1) is identified by a governmental agency for recreational
shooting;
(2) is open to the public;
(3) may be supervised; and
(4) may accommodate archery or rifle, pistol, or shotgun
shooting.
SEC. 4. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.
(a) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) the term `public target range' means a specific
location that--
``(A) is identified by a governmental agency for
recreational shooting;
``(B) is open to the public;
``(C) may be supervised; and
``(D) may accommodate archery or rifle, pistol, or
shotgun shooting;''.
(b) Expenditures for Management of Wildlife Areas and Resources.--
Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669g(b)) is amended--
(1) by striking ``(b) Each State'' and inserting the
following:
``(b) Expenditures for Management of Wildlife Areas and
Resources.--
``(1) In general.--Except as provided in paragraph (2),
each State'';
(2) in paragraph (1) (as so designated), by striking
``construction, operation,'' and inserting ``operation'';
(3) in the second sentence, by striking ``The non-Federal
share'' and inserting the following:
``(3) Non-federal share.--The non-Federal share'';
(4) in the third sentence, by striking ``The Secretary''
and inserting the following:
``(4) Regulations.--The Secretary''; and
(5) by inserting after paragraph (1) (as designated by
paragraph (1)) the following:
``(2) Exception.--Notwithstanding the limitation described
in paragraph (1), a State may pay up to 90 percent of the cost
of acquiring land for, expanding, or constructing a public
target range.''.
(c) Firearm and Bow Hunter Education and Safety Program Grants.--
Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669h-1) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Allocation of additional amounts.--Of the amount
apportioned to a State for any fiscal year under section 4(b),
the State may elect to allocate not more than 10 percent, to be
combined with the amount apportioned to the State under
paragraph (1) for that fiscal year, for acquiring land for,
expanding, or constructing a public target range.'';
(2) by striking subsection (b) and inserting the following:
``(b) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activity carried out using a
grant under this section shall not exceed 75 percent of the
total cost of the activity.
``(2) Public target range construction or expansion.--The
Federal share of the cost of acquiring land for, expanding, or
constructing a public target range in a State on Federal or
non-Federal land pursuant to this section or section 8(b) shall
not exceed 90 percent of the cost of the activity.''; and
(3) in subsection (c)(1)--
(A) by striking ``Amounts made'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), amounts made''; and
(B) by adding at the end the following:
``(B) Exception.--Amounts provided for acquiring
land for, constructing, or expanding a public target
range shall remain available for expenditure and
obligation during the 5-fiscal-year period beginning on
October 1 of the first fiscal year for which the
amounts are made available.''.
SEC. 5. SENSE OF CONGRESS REGARDING COOPERATION.
It is the sense of Congress that, consistent with applicable laws
(including regulations), the Chief of the Forest Service and the
Director of the Bureau of Land Management should cooperate with State
and local authorities and other entities to carry out waste removal and
other activities on any Federal land used as a public target range to
encourage continued use of that land for target practice or
marksmanship training. | Target Practice and Marksmanship Training Support Act This bill amends the Pittman-Robertson Wildlife Restoration Act to facilitate the construction and expansion of public target ranges by: (1) authorizing a state to pay up to 90% of the costs of acquiring land for, expanding, or constructing a public target range; (2) authorizing a state to elect to allocate 10% of a specified amount apportioned to it from the federal aid to wildlife restoration fund for those costs; (3) limiting the federal share of those costs under such Act to 90%; and (4) requiring amounts provided for those costs under such Act to remain available for expenditure and obligation for five fiscal years. The bill urges the Forest Service and the Bureau of Land Management to cooperate with state and local authorities and other entities to carry out waste removal and other activities on any federal land used as a public target range to encourage its continued use for target practice or marksmanship training. | Target Practice and Marksmanship Training Support Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ballistic Imaging Evaluation and
Study Act of 2003''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To conduct a comprehensive study of ballistic imaging
technology and evaluate design parameters for packing and
shipping of fired cartridge cases and projectiles.
(2) To determine the effectiveness of the National
Integrated Ballistic Information Network (NIBIN) as a tool in
investigating crimes committed with handguns or rifles.
(3) To establish the cost and overall effectiveness of
State-mandated ballistic imaging systems and the sharing and
retention of the data collected by the systems.
SEC. 3. STUDY.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Attorney General shall enter into an
arrangement with the National Research Council of the National Academy
of Sciences, which shall have sole responsibility for conducting under
the arrangement a study to determine the following:
(1) The design parameters for an effective and uniform
system for packing fired cartridge cases and projectiles, and
for collecting information that will accompany a fired
cartridge case and projectile and be entered into a ballistic
imaging system.
(2) The most effective method for projectile recovery that
can be used to collect fired projectiles for entry into a
ballistic imaging system and the cost of such recovery
equipment.
(3) Which countries are employing ballistic imaging systems
and the results of the systems as a tool in investigating
crimes committed with handguns or rifles.
(4) The total cost, including startup costs, operating
costs, and outlays for personnel and administration, to
Federal, State, and local jurisdictions for the implementation
of a ballistic imaging system.
(5) The estimated yearly cost for administering a ballistic
imaging system, the storage of cartridge cases and projectiles
on a nationwide basis, and the costs to industry and consumers
of doing so.
(6) How many revolvers, manually operated handguns,
semiautomatic handguns, manually operated rifles, and
semiautomatic rifles are sold in the United States each year,
the percentage of crimes committed with revolvers, other
manually operated handguns, or manually operated rifles as
compared with semiautomatic handguns or semiautomatic rifles,
and the percentage of each category of such crimes on record in
the NIBIN system.
(7) Whether in countries where ballistic identification has
been implemented, a shift has occurred in the number of
semiautomatic handguns and semiautomatic rifles, compared with
revolvers, other manually operated handguns, and manually
operated rifles that are used to commit a crime.
(8) A comprehensive list of environmental and
nonenvironmental factors, including modifications to a firearm,
that can substantially alter or change the identifying marks on
a cartridge case and projectile so as to preclude a
scientifically reliable comparison between specimens and the
stored image from the same firearm from being admissible as
evidence in a court of law.
(9) The technical improvements in database management that
will be necessary to keep pace with database growth and the
estimated cost of the improvements.
(10) What redundant or duplicate database systems exist, or
have existed, the ability of the various systems to share
information, and the cost and time it will take to integrate
such systems.
(11) Legal issues that need to be addressed at the Federal
and State levels to codify the type of information that would
be captured and stored as part of a national ballistic
identification program and the sharing of the information
between State systems and NIBIN.
(12) What storage and retrieval procedures guarantee the
integrity of cartridge cases and projectiles for indefinite
periods of time and insure proper chain of custody and
admissibility of ballistic evidence or images in a court of
law.
(13) The time, cost, and resources necessary to enter
images of fired cartridge cases and fired projectiles into a
ballistic imaging identification system of all new handguns and
rifles sold in the United States and those possessed lawfully
by firearms owners.
(14) Whether an effective procedure is available to collect
fired cartridge cases and projectiles from privately owned
handguns and rifles.
(15) Whether the cost of ballistic imaging technology is
worth the investigative benefit to law enforcement officers.
(16) Whether State-based ballistic imaging systems, or a
combination of State and Federal ballistic imaging systems that
record and store cartridge cases and projectiles can be used to
create a centralized list of firearms owners.
(17) The cost-effectiveness of using a Federal, NIBIN-based
approach to using ballistic imaging technology as opposed to
State-based initiatives.
SEC. 4. CONSULTATION.
In carrying out this Act, the National Research Council of the
National Academy of Sciences shall consult with--
(1) Federal, State, and local officials with expertise in
budgeting, administering, and using a ballistic imaging system,
including the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, the Federal Bureau of Investigation, and the Bureau
of Forensic Services at the California Department of Justice,
and the National Institute for Forensic Sciences in Brussels,
Belgium;
(2) law enforcement officials who use ballistic imaging
systems;
(3) entities affected by the actual and proposed uses of
ballistic imaging technology, including manufacturers,
distributors, importers, and retailers of firearms and
ammunition, firearms purchasers and owners and their organized
representatives;
(4) experts in ballistics imaging and related fields, such
as the Association of Firearm and Tool Mark Examiners,
projectile recovery system manufacturers, and ballistic imaging
device manufacturers;
(5) foreign officials administering ballistic imaging
systems; and
(6) individuals or organizations with significant expertise
in the field of ballistic imaging technology, as the Attorney
General deems necessary.
SEC. 5. REPORT.
Not later than 30 days after the National Research Council of the
National Academy of Sciences completes the study conducted under
section 3, the National Research Council shall submit to the Attorney
General a report on the results of the study, and the Attorney General
shall submit to the Congress a report, which shall be made public, that
contains--
(1) the results of the study; and
(2) recommendations for legislation, if applicable.
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``ballistic imaging technology'' means
software and hardware that records electronically, stores,
retrieves, and compares the marks or impressions on the
cartridge case and projectile of a round of ammunition fired
from a handgun or rifle.
(2) The term ``handgun'' has the meaning given the term in
section 921(a)(29) of title 18, United States Code.
(3) The term ``rifle'' has the meaning given the term in
section 921(a)(7) of title 18, United States Code.
(4) The term ``cartridge case'' means the part of a fully
assembled ammunition cartridge that contains the propellant and
primer for firing.
(5) The terms ``manually operated handgun'' and ``manually
operated rifle'' mean any handgun or rifle, as the case may be,
in which all loading, unloading, and reloading of the firing
chamber is accomplished through manipulation by the user.
(6) The term ``semiautomatic handgun'' means any repeating
handgun which utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round, and which requires a pull of the trigger to fire
each cartridge.
(7) The term ``semiautomatic rifle'' has the meaning given
the term in section 921(a)(28) of title 18, United States Code.
(8) The term ``projectile'' means that part of ammunition
that is, by means of an explosive, expelled through the barrel
of a handgun or rifle. | Ballistic Imaging Evaluation and Study Act of 2003 - Directs the Attorney General to enter into an arrangement with the National Research Council (NRC) of the National Academy of Sciences to study ballistic imaging technology, including: (1) the design parameters for an effective and uniform system for packing fired cartridge cases and projectiles and for collecting information that will be entered into a ballistic imaging system; (2) the most effective method that can be used to collect fired projectiles for entry into such a system and its cost; (3) which countries are employing such systems and the results in investigating crimes committed with handguns or rifles; (4) the costs to government, industry and consumers of implementing and administering such a system; (5) how many manually operated guns and semiautomatic guns are sold in the United States each year, the percentage of crimes committed with manually operated as compared with semiautomatic handguns or rifles, and the percentage of each category of such crimes on record in the NIBIN system; (6) whether a shift has occurred in countries where ballistic identification has been implemented in the number of semiautomatics, compared with manually operated guns, that are used to commit a crime; (7) environmental and nonenvironmental factors that can substantially change the identifying marks on a cartridge case and projectile so as to preclude a scientifically reliable comparison between specimens and stored images from the same firearm from being admissible as evidence; (8) the technical improvements in database management necessary to keep pace with database growth and the estimated cost of the improvements; (9) redundant systems, the ability of the various systems to share information, and the cost and time it will take to integrate such systems; (10) legal issues that need to be addressed to codify the type of information that would be captured and stored as part of a national ballistic identification program and the sharing of the information between State systems and NIBIN; (11) storage and retrieval procedures that guarantee the integrity of cartridge cases and projectiles for indefinite periods and insure proper chain of custody and admissibility of ballistic evidence or images; (12) the resources necessary to enter images of fired cartridge cases and projectiles into a ballistic imaging identification system of all new handguns and rifles sold in the United States and those possessed lawfully by firearms owners; (13) an effective procedure to collect fired cartridge cases and projectiles from privately owned handguns and rifles; (14) whether the cost of ballistic imaging technology is worth the investigative benefit to law enforcement officers; (15) whether State-based ballistic systems or a combination of State and Federal systems that record and store cartridge cases and projectiles can be used to create a centralized list of firearms owners; and (16) the cost-effectiveness of using a Federal, NIBIN-based approach to using ballistic imaging technology as opposed to State-based initiatives. | To conduct a study on the effectiveness of ballistic imaging technology and evaluate its effectiveness as a law enforcement tool. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Authorized Rural
Water Projects Completion Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--RECLAMATION RURAL WATER CONSTRUCTION AND SETTLEMENT
IMPLEMENTATION FUND
Sec. 101. Establishment.
Sec. 102. Accounts.
Sec. 103. Deposits to Fund.
Sec. 104. Expenditures from Fund.
Sec. 105. Investments of amounts.
Sec. 106. Transfers of amounts.
Sec. 107. Termination.
TITLE II--RURAL WATER PROJECTS
Sec. 201. Rural water projects.
Sec. 202. Restrictions.
TITLE III--RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION
Sec. 301. Reclamation infrastructure and settlement implementation.
SEC. 2. DEFINITIONS.
In this Act:
(1) Fund.--The term ``Fund'' means the Reclamation Rural
Water Construction and Settlement Implementation Fund
established by section 101.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) Rural water project.--The term ``rural water project''
means a project that is designed to provide domestic,
industrial, municipal, or residential water to a small
community or group of small communities, including Indian
tribes and tribal organizations.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
TITLE I--RECLAMATION RURAL WATER CONSTRUCTION AND SETTLEMENT
IMPLEMENTATION FUND
SEC. 101. ESTABLISHMENT.
There is established in the Treasury of the United States a fund,
to be known as the ``Reclamation Rural Water Construction and
Settlement Implementation Fund'', consisting of--
(1) such amounts as are deposited in the Fund under section
103; and
(2) any interest earned on investment of amounts in the
Fund under section 105.
SEC. 102. ACCOUNTS.
Within the Fund, there are established the following accounts:
(1) Rural Water Project Account.
(2) Reclamation Infrastructure and Settlement
Implementation Account.
SEC. 103. DEPOSITS TO FUND.
(a) In General.--For each of fiscal years 2015 through 2035, the
Secretary of the Treasury shall deposit in the Fund $115,000,000 of the
revenues that would otherwise be deposited for the fiscal year in the
reclamation fund established by the first section of the Act of June
17, 1902 (32 Stat. 388, chapter 1093), of which--
(1) $80,000,000 for each of the fiscal years shall be
deposited in the Rural Water Project Account established under
section 102(1); and
(2) $35,000,000 for each of the fiscal years shall be
deposited in the Reclamation Infrastructure and Settlement
Implementation Account established under section 102(2).
(b) Availability of Amounts.--Amounts deposited in the Fund under
subsection (a) shall--
(1) be made available in accordance with this section,
without further appropriation; and
(2) be in addition to amounts appropriated for such
purposes under any other provision of law.
(c) Limitation.--Notwithstanding subsections (a) and (b), no
amounts may be deposited in, or made available from, the Fund under
those subsections if the transfer or availability of the amounts would
increase the deficit.
SEC. 104. EXPENDITURES FROM FUND.
(a) In General.--Subject to subsection (b), for each of fiscal
years 2015 through 2035, the Secretary may expend from the Fund, in
accordance with this Act, not more than the sum of--
(1) $115,000,000, to be allocated from the amounts in the
accounts specified in section 102; and
(2) the amount of interest accrued in the Fund within each
account for the fiscal year in which the expenditures are made,
with the interest accrued within each account used only for
expenditures from that account.
(b) Additional Expenditures.--
(1) In general.--The Secretary may expend more than
$115,000,000 for any fiscal year referred to in subsection (a)
if the additional amounts are available in the Fund as a result
of a failure of the Secretary to expend all of the amounts
available under subsection (a) in one or more prior fiscal
years.
(2) Retention in accounts.--Any additional amounts referred
to in paragraph (1) shall--
(A) be retained within the account to which the
amounts were designated;
(B) accrue interest for the designated account in
accordance with this title; and
(C) only be expended for the purposes for which
expenditures from the designated accounts are
authorized.
SEC. 105. INVESTMENTS OF AMOUNTS.
(a) In General.--The Secretary shall invest such portion of the
Fund as is not, in the judgment of the Secretary, required to meet
current withdrawals.
(b) Credits to Fund.--The interest on, and the proceeds from the
sale or redemption of, any obligations held in the Fund shall be
credited to, and form a part of, the Fund.
SEC. 106. TRANSFERS OF AMOUNTS.
(a) In General.--The amounts required to be transferred to the Fund
under this title shall be transferred at least monthly from the general
fund of the Treasury to the Fund on the basis of estimates made by the
Secretary of the Treasury.
(b) Adjustments.--Proper adjustment shall be made in amounts
subsequently transferred to the extent prior estimates are in excess of
or less than the amounts required to be transferred.
SEC. 107. TERMINATION.
On September 30, 2035--
(1) the Fund shall terminate; and
(2) the unexpended and unobligated balance of the Fund
shall be transferred to the reclamation fund established by the
first section of the Act of June 17, 1902 (32 Stat. 388,
chapter 1093).
TITLE II--RURAL WATER PROJECTS
SEC. 201. RURAL WATER PROJECTS.
Subject to section 202, for each of fiscal years 2015 through 2035,
the Secretary may use not less than $80,000,000 of the amounts
available in the Rural Water Project Account established under section
102(1) to complete construction of rural water projects--
(1) authorized to be carried out by the Secretary on or
before the date of enactment of this Act; or
(2) for which--
(A) pursuant to section 106(e) of the Rural Water
Supply Act of 2006 (43 U.S.C. 2405(e)), a feasibility
study has been submitted to the Secretary by February
27, 2015; and
(B) an Act of Congress after the date of enactment
of this Act has authorized the construction of the
project.
SEC. 202. RESTRICTIONS.
(a) No Operation and Maintenance Costs.--The Secretary shall not
use any amounts from the Fund to pay for operation and maintenance
costs of an authorized rural water project.
(b) Conditions.--The Secretary shall not expend any amounts from
the Fund to carry out this title until the date on which the Secretary
develops--
(1) programmatic goals to carry out this title that--
(A) would enable the completion of construction of
the authorized rural water projects as expeditiously as
practicable; and
(B) reflect--
(i) the goals and priorities identified in
the laws authorizing the authorized rural water
projects; and
(ii) the goals of the Reclamation Rural
Water Supply Act of 2006 (43 U.S.C. 2401 et
seq.); and
(2) funding prioritization criteria to serve as a
methodology for distributing funds under this title that take
into account--
(A) an evaluation of the urgent and compelling need
for potable water supplies in the affected rural and
tribal communities;
(B) the status of the current stages of completion
of the authorized rural water project;
(C) the financial needs of the affected rural and
tribal communities;
(D) the potential economic benefits of the
expenditures on job creation and general economic
development in the affected rural and tribal
communities;
(E) the ability of the authorized rural water
project to address regional and watershed level water
supply needs;
(F) the ability of the authorized rural water
project--
(i) to minimize water and energy
consumption; and
(ii) to encourage the development of
renewable energy resources, such as wind,
solar, and hydropower elements;
(G) the need for the authorized rural water project
to address--
(i) the needs of Indian tribes and members
of Indian tribes; and
(ii) other community needs or interests;
and
(H) such other factors as the Secretary determines
to be appropriate to prioritize the use of available
funds.
TITLE III--RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION
SEC. 301. RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION.
Consistent with section 104, for each of fiscal years 2015 through
2035, the Secretary shall use not less than $35,000,000, plus accrued
interest, of the amounts authorized to be expended from the Reclamation
Infrastructure and Settlement Implementation Account established under
section 102(2)--
(1) to provide compensation authorized under an Act of
Congress to extinguish or otherwise resolve all monetary claims
of an Indian tribe against the United States relating to the
continued and past use of the land of the Indian tribe by the
United States for the generation of hydropower; or
(2) to complete construction, planning, and design of
projects and implement provisions authorized under one or more
Acts of Congress that--
(A) settle or otherwise resolve, in whole or in
part, litigation involving the United States and the
rights of one or more federally recognized Indian
tribes to access, use, or manage water resources; or
(B) implement agreements approved by Congress
pursuant to which one or more federally recognized
Indian tribes agree to some limitation on the exercise
of rights or claims to access, use, or manage water
resources. | Authorized Rural Water Projects Completion Act TITLE I--RECLAMATION RURAL WATER CONSTRUCTION AND SETTLEMENT IMPLEMENTATION FUND Establishes the Reclamation Rural Water Construction and Settlement Implementation Fund, which shall consist of the Rural Water Project Account and the Reclamation Infrastructure and Settlement Implementation Account. Directs the Department of the Treasury to deposit into such Accounts for each of FY2015-FY2035 specified amounts of revenues that would otherwise be deposited in the reclamation fund established by the Reclamation Act of 1902. Prohibits making deposits in, or making funds available from, the Fund if doing so would increase the deficit. Terminates the Fund on September 30, 2035, and requires the unexpended and unobligated balance to be transferred to the reclamation fund. TITLE II--RURAL WATER PROJECTS Permits the Department of the Interior to use specified amounts available in the Rural Water Project Account, for each of FY2015-FY2035, to complete construction of rural water projects: (1) authorized to be carried out on or before this Act's enactment date, or (2) for which a feasibility study was submitted by February 27, 2015, pursuant to the Rural Water Supply Act of 2006 and an Act of Congress after enactment of this Act has authorized construction. Prohibits Interior from using any amounts from the Fund to pay for operation and maintenance costs of an authorized rural water project. Prohibits Interior from expending any amounts from the Fund to carry this out until development of: (1) programmatic goals that would enable the completion of construction of the authorized rural water projects as expeditiously as practicable and that reflect the goals and priorities identified in the laws authorizing the projects and the goals of the Reclamation Rural Water Supply Act of 2006; and (2) funding prioritization criteria to serve as a methodology for distributing funds that take into account specified factors, including an evaluation of the urgent and compelling need for potable water supplies in the affected rural and tribal communities and the potential economic benefits of the expenditures on job creation and general economic development in such communities. TITLE III--RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION Directs Interior to use specified amounts authorized to be expended from the Reclamation Infrastructure and Settlement Implementation Account for each of FY2015-FY2035 to: (1) provide authorized compensation to extinguish or otherwise resolve all monetary claims of an Indian tribe against the United States relating to use of tribal land by the United States for the generation of hydropower; or (2) complete construction, planning, and design of projects and implement provisions authorized under one or more Acts of Congress that resolve litigation involving the United States and the rights of federally recognized Indian tribes to access, use, or manage water resources or that implement approved agreements pursuant to which such tribes agree to some limitation on the exercise of such rights. | Authorized Rural Water Projects Completion Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HIV Prevention Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The States should recognize that the terms ``acquired
immune deficiency syndrome'' and ``AIDS'' are obsolete. In the
case of individuals who are infected with the human
immunodeficiency virus (commonly known as HIV), the more
important medical fact for the individuals and for the
protection of the public health is the fact of infection, and
not just the later development of AIDS (the stage at which the
infection causes symptoms). The term ``HIV disease'', meaning
infection with HIV regardless of whether the infection has
progressed to AIDS, more correctly defines the medical
condition.
(2) The medical, public health, political, and community
leadership must focus on the full course of HIV disease rather
than concentrating on later stages of the disease. Continual
focus on AIDS rather than the entire spectrum of HIV disease
has left our Nation unable to deal adequately with the
epidemic. Federal and State data collection efforts should
focus on obtaining data as early as possible after infection
occurs, while continuing to collect data on the symptomatic
stage of the disease.
(3) Recent medical breakthroughs may enable doctors to
treat HIV disease as a chronic disease rather than as a
terminal disease. Early intervention in the progression of the
infection is imperative to prolonging and improving the lives
of individuals with the disease.
(4) The Centers for Disease Control and Prevention has
recommended partner notification as a primary prevention
service. The health needs of the general public, and the care
and protection of those who do not have the disease, should be
balanced with the needs of individuals with the disease in a
manner that allows for the infected individuals to receive
optimal medical care and for public health services to protect
the uninfected.
(5) Individuals with HIV disease have an obligation to
protect others from being exposed to HIV by avoiding behaviors
that place others at risk of becoming infected. The States
should have in effect laws providing that intentionally
infecting others with HIV is a felony.
SEC. 3. PREVENTION OF TRANSMISSION OF HIV.
(a) Requirements for States.--A State shall demonstrate to the
satisfaction of the Secretary that the law or regulations of the State
are in accordance with the following:
(1) Reporting of cases.--The State requires that, in the
case of a health professional or other entity that provides for
the performance of a test for HIV on an individual, the entity
confidentially report positive test results to the State public
health officer, together with any additional necessary
information, in order to carry out the following purposes:
(A) The performance of statistical and
epidemiological analyses of the incidence in the State
of cases of such disease.
(B) The performance of statistical and
epidemiological analyses of the demographic
characteristics of the population of individuals in the
State who have the disease.
(C) The assessment of the adequacy of preventive
services in the State with respect to the disease.
(D) The performance of the functions required in
paragraph (2).
(2) Functions.--The functions described in this paragraph
are the following:
(A) Partner notification.--
(i) In general.--The State requires that
the public health officer of the State carry
out a program of partner notification to inform
individuals that the individuals may have been
exposed to HIV.
(ii) Definition.--For purposes of this
paragraph, the term ``partner'' includes--
(I) the sexual partners of
individuals with HIV disease;
(II) the partners of such
individuals in the sharing of
hypodermic needles for the intravenous
injection of drugs; and
(III) the partners of such
individuals in the sharing of any drug-
related paraphernalia determined by the
Secretary to place such partners at
risk of HIV infection.
(B) Collection of information.--The State requires
that any information collected for purposes of partner
notification be sufficient for the following purposes:
(i) To provide the partners of the
individual with HIV disease with an appropriate
opportunity to learn that the partners have
been exposed to HIV.
(ii) To provide the partners with
counseling and testing for HIV disease.
(iii) To provide the individual who has the
disease with information regarding therapeutic
measures for preventing and treating the
deterioration of the immune system and
conditions arising from the disease, and to
provide the individual with other preventive
information.
(iv) With respect to an individual who
undergoes testing for HIV disease but does not
seek the results of the testing, and who has
positive test results for the disease, to
recall and provide the individual with
counseling, therapeutic information, and other
information regarding preventative health
services appropriate for the individual.
(C) Cooperation in national program.--The State
cooperates with the Director of the Centers for Disease
Control and Prevention in carrying out a national
program of partner notification, including the sharing
of information between the public health officers of
the States.
(3) Testing of certain indicted individual.--With respect
to a defendant against whom an information or indictment is
presented for a crime in which by force or threat of force the
perpetrator compels the victim to engage in sexual activity,
the State requires the following:
(A) In general.--That the defendant be tested for
HIV disease if--
(i) the nature of the alleged crime is such
that the sexual activity would have placed the
victim at risk of becoming infected with HIV;
or
(ii) the victim requests that the defendant
be so tested.
(B) Timing.--That if the conditions specified in
subparagraph (A) are met, the defendant undergo the
test not later than 48 hours after the date on which
the information or indictment is presented, and that as
soon thereafter as is practicable the results of the
test be made available to--
(i) the victim;
(ii) the defendant (or if the defendant is
a minor, to the legal guardian of the
defendant);
(iii) the attorneys of the victim;
(iv) the attorneys of the defendant;
(v) the prosecuting attorneys;
(vi) the judge presiding at the trial, if
any; and
(vii) the principal public health official
for the local governmental jurisdiction in
which the crime is alleged to have occurred.
(C) Follow-up testing.--That if the defendant has
been tested pursuant to subparagraph (B), the
defendant, upon request of the victim, undergo such
follow-up tests for HIV as may be medically
appropriate, and that as soon as is practicable after
each such test the results of the test be made
available in accordance with subparagraph (B) (except
that this subparagraph applies only to the extent that
the individual involved continues to be a defendant in
the judicial proceedings involved, or is convicted in
the proceedings).
(D) Consideration of results.--That, if the results
of a test conducted pursuant to subparagraph (B) or (C)
indicate that the defendant has HIV disease, such fact
may, as relevant, be considered in the judicial
proceedings conducted with respect to the alleged
crime.
(4) Testing of certain individuals.--
(A) Patients.--With respect to a patient who is to
undergo a medical procedure that would place the health
professionals involved at risk of becoming infected
with HIV, the State--
(i) authorizes such health professionals in
their discretion to provide that the procedure
will not be performed unless the patient
undergoes a test for HIV disease and the health
professionals are notified of the results of
the test; and
(ii) requires that, if such test is
performed and the patient has positive test
results, the patient be informed of the
results.
(B) Funeral-related services.--The State authorizes
funeral-services practitioners in their discretion to
provide that funeral procedures will not be performed
unless the body involved undergoes a test for HIV
disease and the practitioners are notified of the
results of the test.
(5) Informing of funeral-service practitioners.--The State
requires that, if a health care entity (including a hospital)
transfers a body to a funeral-services practitioner and such
entity knows that the body is infected with HIV, the entity
notify the funeral-services practitioner of such fact.
(6) Health insurance issuers.--
(A) In general.--The State requires that, if a
health insurance issuer requires an applicant for such
insurance to be tested for HIV disease as a condition
of issuing such insurance, the applicant be afforded an
opportunity by the health insurance issuer to be
informed, upon request, of the HIV status of the
applicant.
(B) Definition.--For purposes of this paragraph,
the term ``health insurance issuer'' means an insurance
company, insurance service, or insurance organization
(including a health maintenance organization) which is
licensed to engage in the business of insurance in the
State and which is subject to State law which regulates
insurance.
(C) Rule of construction.--This paragraph may not
be construed as affecting the provisions of section 514
of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1154) with respect to group health plans.
(7) Adoption.--The State requires that, if an adoption
agency is giving significant consideration to approving an
individual as an adoptive parent of a child and the agency knows
whether the child has HIV disease, such prospective adoptive parent be
afforded an opportunity by the agency to be informed, upon request, of
the HIV status of the child.
(b) Sense of Congress Regarding Health Professionals With HIV
Disease.--It is the sense of Congress that, with respect to health
professionals who have HIV disease--
(1) the health professionals should notify their patients
that the health professionals have the disease in medical
circumstances that place the patients at risk of being infected
with HIV by the health professionals; and
(2) the States should encourage the medical profession to
develop guidelines to assist the health professionals in so
notifying patients.
(c) Applicability of Requirements.--
(1) In general.--Except as provided in paragraph (2), this
section shall apply to States upon the expiration of the 120-
day period beginning on the date of the enactment of this Act.
(2) Delayed applicability for certain states.--In the case
of the State involved, if the Secretary determines that a
requirement established by subsection (a) cannot be implemented
in the State without the enactment of State legislation, then
such requirement applies to the State on and after the first
day of the first calendar quarter that begins after the close
of the first regular session of the State legislature that
begins after the date of the enactment of this Act. For
purposes of the preceding sentence, in the case of a State that
has a 2-year legislative session, each year of such session is
deemed to be a separate regular session of the State
legislature.
(d) Definitions.--In this section:
(1) HIV.--The term ``HIV'' means the human immunodeficiency
virus.
(2) HIV disease.--The term ``HIV disease'' means infection
with HIV and includes any condition arising from such
infection.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(e) Rule of Construction.--Part D of title XXVI of the Public
Health Service Act (42 U.S.C. 300ff-71 et seq.) is amended by inserting
after section 2675 the following section:
``SEC. 2675A. RULE OF CONSTRUCTION.
``With respect to an entity that is an applicant for or a recipient
of financial assistance under this title, compliance by the entity with
any State law or regulation that is consistent with section 3 of the
HIV Prevention Act of 1997 may not be considered to constitute a
violation of any condition under this title for the receipt of such
assistance.''.
SEC. 4. SENSE OF CONGRESS REGARDING INTENTIONAL TRANSMISSION OF HIV.
It is the sense of Congress that the States should have in effect
laws providing that, in the case of an individual who knows that he or
she has HIV disease, it is a felony for the individual to infect
another with HIV if the individual engages in the behaviors involved
with the intent of so infecting the other individual.
SEC. 5. SENSE OF CONGRESS REGARDING CONFIDENTIALITY.
It is the sense of the Congress that strict confidentiality should
be maintained in carrying out the provisions of section 3 of the this
Act. | HIV Prevention Act of 1997 - Mandates that States require: (1) confidential reporting of human immunodeficiency virus (HIV) positive results by the entity performing the test to the State public health officer; (2) notification by the State public health officer of individuals who may have been exposed to HIV and State cooperation regarding national notification; (4) mandatory testing of individuals indicted for a crime involving force or the threat of force to compel sexual activity, with related notification of victims and their attorneys, allowing use of positive test results, as relevant, in related judicial proceedings; (5) allowing a health professional to not perform a procedure that would place the professional at risk of becoming infected unless the patient undergoes the test and the health professional and the patient are notified of the results; (6) allowing a funeral services practitioner to not perform funeral procedures unless the body undergoes a test and the practitioner is notified of the results; (7) mandatory notification of a funeral service practitioner by a health care entity that knows the body is infected with HIV; (8) allowing a health insurance applicant, if required by the insurance issuer to undergo a test, to be notified of the results; and (9) allowing a prospective adoptive parent to choose to be informed of the adoptive child's HIV status (if known by the adoption agency).
Expresses the sense of the Congress that: (1) with respect to health professionals with HIV disease, the professionals should notify their patients in circumstances that place the patients at risk of HIV infection by the professional; and (2) States should encourage the medical profession to develop related guidelines.
Amends the Public Health Service Act to declare that compliance with certain provisions of this Act is not a violation of title XXVI (HIV Health Care Services Program) of that Act.
Expresses the sense of the Congress that: (1) the States should make it a felony for individuals who know they have HIV disease to intentionally infect another; and (2) strict confidentiality should be maintained in carrying out certain requirements of this Act. | HIV Prevention Act of 1997 |
SECTION 1. KAGEET POINT LAND SELECTION.
The lands contained in the western half of Township 21 South, Range
24 East, Copper River Meridian, commonly known as ``Kageet Point'',
shall be considered and treated as acreage allotted to the Chugach
Alaska Corporation for the purpose of making selections under section
12(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1611(c)).
SEC. 2. RATIFICATION OF CERTAIN CASWELL AND MONTANA CREEK NATIVE
ASSOCIATIONS CONVEYANCES.
The conveyance of approximately 11,520 acres to Montana Creek
Native Association, Inc., and the conveyance of approximately 11,520
acres to Caswell Native Association, Inc., shall be considered and
treated as conveyances under section 14(h)(2) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1613(h)(2)). The group corporations
for Montana Creek and Caswell are hereby declared to have received
their full entitlement and shall not be entitled to the receipt of any
additional lands under the Alaska Native Claims Settlement Act.
SEC. 3. MINING CLAIMS AFTER LANDS PATENTED TO REGIONAL CORPORATION.
Section 22(c) of Alaska Native Claims Settlement Act (43 U.S.C.
1621(c)) is amended by adding at the end the following new paragraph:
``(3) After the fee or subsurface lands subject to a valid mining
claim have been patented to a Regional Corporation--
``(A) any person holding such valid mining claim shall
continue to meet all requirements of the general mining laws
and section 314 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1744);
``(B) the United States shall continue to administer the
mining claim, unless and until the Secretary, acting through
the Bureau of Land Management, waives administration in favor
of the Regional Corporation; and
``(C)(i) except as provided in clause (ii), all revenues
from the mining claim otherwise due the United States shall be
remitted to the Regional Corporation for distribution pursuant
to section 7(i) of this Act; and
``(ii) if the Regional Corporation patent does not cover
all land covered by the mining claim, the Regional Corporation
shall be entitled only to the proportion of revenues reasonably
allocated to the portion of the mining claim so covered.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS TO IMPLEMENT CONVEYANCES.
Section 14(c) of Alaska Native Claims Settlement Act (43 U.S.C.
1613(c)) is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(2) by striking ``Each patent'' and inserting ``(1) Each
patent''; and
(3) by adding at the end the following new paragraph:
``(2) There is authorized to be appropriated such sums as
are necessary to provide technical assistance to Village
Corporations in carrying out this subsection. The Secretary may
make amounts available pursuant to this subsection through
contracts with nonprofit organizations, whose function is to
provide technical assistance in planning, developing, and
administering assistance to Village Corporations in fulfilling
the requirements of this subsection.''.
SEC. 5. OPEN SEASON FOR CERTAIN NATIVE ALASKA VETERANS FOR ALLOTMENTS.
(a) In General.--During the 1-year period beginning on the date of
enactment of this Act, an individual described in subsection (b) is
eligible for an allotment of not to exceed 160 acres under the Act of
May 17, 1906 (chapter 2469; 34 Stat. 197), as such Act was in effect
before December 18, 1971.
(b) Eligible Individuals.--
(1) In general.--An individual is eligible under subsection
(a) if the individual would have been eligible under the Act of
May 17, 1906 (chapter 2469; 34 Stat. 197), as such Act was in
effect before December 18, 1971, and the individual is a
veteran of the Korean conflict or the Vietnam era.
(2) Deceased persons.--In the case of an individual
described in paragraph (1) who is deceased, the heirs of the
individual shall be treated as the individual described in
paragraph (1).
(c) Conveyance Deadline.--The Secretary of the Interior shall
complete land conveyances pursuant to this section not later than 2
years after the date of enactment of this Act.
(d) Implementation.--The Secretary shall prescribe such rules as
are necessary to carry out this section.
(e) Definitions.--For the purposes of this section, the terms
``veteran'', ``Korean conflict'', and ``Vietnam era'' have the meaning
given such terms in paragraphs (2), (9), and (29), respectively, of
section 101 of title 38, United States Code.
SEC. 6. TRANSFER OF WRANGELL INSTITUTE.
(a) Property Return.--Cook Inlet Region, Incorporated, is
authorized to transfer to the United States the 10-acre site of the
Wrangell Institute in Wrangell, Alaska, and the structures contained
thereon. The Administrator of General Services shall accept title to
such property and the structures contained thereon, on behalf of the
United States.
(b) Restoration of Bidding Credits.--
(1) In general.--Subject to paragraphs (2), (3), and (4),
in exchange for the land and structures at the Wrangell
Institute transferred pursuant to subsection (a), the
Administrator of General Services shall restore bidding credits
to the Cook Inlet Region, Incorporated property account in the
Treasury established pursuant to section 12(b) of Public Law
94-204 (43 U.S.C. 1611 note), in an amount equal to the sum
of--
(A) $382,305, plus interest; and
(B) the cost of legal and other expenses incurred
as a result of the return of the property.
(2) Calculation of interest.--The interest credited to the
Cook Inlet Region, Incorporated property account pursuant to
paragraph (1) shall be compounded semiannually at the same
interest rate that was in effect for 5-year United States
Treasury bonds on November 2, 1987. The interest shall be
calculated for the period beginning on November 2, 1987, and
ending on the date that the land is conveyed to the United
States.
(3) Use of restored credits.--Bidding credits restored to
the Cook Inlet Region, Incorporated property account pursuant
to paragraph (1) shall be available solely for the acquisition
of General Services Administration properties.
(4) Hold harmless.--The United States shall defend and hold
harmless Cook Inlet Region, Incorporated, and its subsidiaries,
in any claim arising from Federal or Cook Inlet Region,
Incorporated, ownership of the land and structures, prior to
the return of such land and structures to the United States.
SEC. 7. LAPSED MINING CLAIMS.
Section 22(c)(2)(A) of the Alaska Native Claims Settlement Act (43
U.S.C. 1621(c)) is amended--
(1) in clause (i)--
(A) by striking ``outside the boundaries of a
conservation system unit (as such term is defined in
the Alaska National Interest Lands Conservation Act)
and''; and
(B) by striking ``The Secretary shall promptly
determine the validity of such claims or locations
within conservation system units.''; and
(2) in clause (ii), by striking ``outside a conservation
system unit'' each place such phrase appears. | Treats certain lands (Kageet Point) as acreage allotted to the Chugach Alaska Corporation for the purpose of making selections under the Alaska Native Claims Settlement Act.
Ratifies specified conveyances to the Caswell and Montana Creek Native Associations as full entitlements under such Act.
Amends the Act with respect to requirements, administration, and revenues of mining claims patented to a Regional Corporation.
Authorizes appropriations for technical assistance to Village Corporations to implement conveyances under the Act.
Provides a one-year land allotment period for certain Native Alaskan veterans of the Korean conflict or the Vietnam era.
Authorizes Cook Inlet Region, Incorporated, to transfer Wrangell Institute in Wrangell, Alaska, to the General Services Administration in exchange for the restoration of specified bidding credits to the corporation's property account.
Makes technical corrections to provisions concerning lapsed mining claims located with the boundaries of the Wrangell-St. Elias National Park and Preserve. | A bill to amend the Alaska Native Claims Settlement Act, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Designer Anabolic Steroid Control
Act of 2010''.
SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT.
(a) Definitions.--Section 102(41) of the Controlled Substances Act
(21 U.S.C. 802(41)) is amended--
(1) in subparagraph (A)--
(A) in clause (xlix), by striking ``and'' at the
end;
(B) by redesignating clause (xlx) as clause (lxxx);
and
(C) by inserting after clause (xlix) the following:
``(l) 5a-Androstan-3,6,17-trione;
``(li) Androst-4-ene-3,6,17-trione;
``(lii) Androsta-1,4,6-triene-3,17-dione;
``(liii) 6-bromo-androstan-3,17-dione;
``(liv) 6-bromo-androsta-1,4-diene-3,17-
dione;
``(lv) 4-chloro-17a-methyl-androsta-1,4-
diene-3,17b-diol;
``(lvi) 4-chloro-17a-methyl-androst-4-ene-
3b,17b-diol;
``(lvii) 4-chloro-17a-methyl-17b-hydroxy-
androst-4-en-3-one;
``(lviii) 4-chloro-17a-methyl-17b-hydroxy-
androst-4-ene-3,11-dione;
``(lix) 4-chloro-17a-methyl-androsta-1,4-
diene-3,17b-diol;
``(lx) 2a,17a-dimethyl-17b-hydroxy-5a-
androstan-3-one;
``(lxi) 2a,17a-dimethyl-17b-hydroxy-5b-
androstan-3-one;
``(lxii) 2a,3a-epithio-17a-methyl-5a-
androstan-17b-ol;
``(lxiii) [3,2-c]-furazan-5a-androstan-17b-
ol;
``(lxiv) 3b-hydroxy-androst-1-en-17-one;
``(lxv) 3b-hydroxy-androst-4-en-17-one;
``(lxvi) 3b-hydroxy-estr-4-en-17-one;
``(lxvii) 3b-hydroxy-estra-4,9,11-trien-17-
one;
``(lxviii) 17a-methyl-androst-2-ene-3,17b-
diol;
``(lxix) 17a-methyl-androsta-1,4-diene-
3,17b-diol;
``(lxx) Estra-4,9,11-triene-3,17-dione;
``(lxxi) 18a-Homo-3-hydroxy-estra-2,5(10)-
dien-17-one;
``(lxxii) 6a-Methyl-androst-4-ene-3,17-
dione;
``(lxxiii) 17a-Methyl-androstan-3-
hydroxyimine-17b-ol;
``(lxxiv) 17a-Methyl-5a-androstan-17b-ol;
``(lxxv) 17b-Hydroxy-androstano[2,3-
d]isoxazole;
``(lxxvi) 17b-Hydroxy-androstano[3,2-
c]isoxazole
``(lxxvii) 4-Hydroxy-androst-4-ene-3,17-
dione[3,2-c]pyrazole-5a-androstan-17b-ol;
``(lxxviii) [3,2-c]pyrazole-androst-4-en-
17b-ol;
``(lxxix) [3,2-c]pyrazole-5a-androstan-17b-
ol; and''; and
(2) by inserting at the end the following:
``(C) A drug or hormonal substance (other than
estrogens, progestins, corticosteroids, and
dehydroepiandrosterone) that is not listed in
subparagraph (A), and is derived from, or has a
chemical structure substantially similar to, 1 or more
anabolic steroids listed in subparagraph (A), shall,
subject to the limitations of section 201(i)(6) (21
U.S.C. 811(i)(6)), be considered to be an anabolic
steroid for purposes of this Act if--
``(i) the drug or substance has been
created or manufactured with the intent of
producing a drug or other substance that
either--
``(I) promotes muscle growth; or
``(II) otherwise causes a
pharmacological effect similar to that
of testosterone; or
``(ii) the drug or substance has been, or
is intended to be, marketed or otherwise
promoted in any manner suggesting that
consuming it will promote muscle growth or any
other pharmacological effect similar to that of
testosterone.''.
(b) Classification Authority.--Section 201 of the Controlled
Substances Act (21 U.S.C. 811) is amended by adding at the end the
following:
``(i) Temporary and Permanent Scheduling of Recently Emerged
Anabolic Steroids.--
``(1) The Attorney General may issue a temporary order
adding a drug or other substance to the list of anabolic
steroids if the Attorney General finds that--
``(A) the drug or other substance satisfies the
criteria for being considered an anabolic steroid under
section 102(41) but is not listed in that section or by
regulation of the Attorney General as being an anabolic
steroid; and
``(B) adding such drug or other substance to the
list of anabolic steroids will assist in preventing the
unlawful importation, manufacture, distribution, or
dispensing of such drug or other substance.
``(2) An order issued under paragraph (1) shall not take
effect until 30 days after the date of the publication by the
Attorney General of a notice in the Federal Register of the
intention to issue such order and the grounds upon which such
order is to be issued. The order shall expire not later than 24
months after the date it becomes effective, except that the
Attorney General may, during the pendency of proceedings under
paragraph (5), extend the temporary scheduling order for up to
6 months.
``(3) A temporary scheduling order issued under paragraph
(1) shall be vacated upon the issuance of a permanent
scheduling order under paragraph (5).
``(4) An order issued under paragraph (1) is not subject to
judicial review.
``(5) The Attorney General may, by rule, issue a permanent
order adding a drug or other substance to the list of anabolic
steroids if such drug or other substance satisfies the criteria
for being considered an anabolic steroid under section 102(41).
Such rulemaking may be commenced simultaneously with the
issuance of the temporary order issued under paragraph (1).
``(6) If a drug or other substance has not been temporarily
or permanently added to the list of anabolic steroids pursuant
to this subsection, the drug or other substance shall be
considered an anabolic steroid if in any criminal, civil, or
administrative proceeding arising under this Act it has been
determined in such proceeding, based on evidence presented in
the proceeding, that the substance satisfies the criteria for
being considered an anabolic steroid under paragraph (41)(A),
(41)(C)(i), or (41)(C)(ii) of section 102.''.
(c) Labeling Requirements.--The Controlled Substances Act is
amended by inserting after section 305 (21 U.S.C. 825) the following:
``Sec. 305A. Offenses involving false labeling of anabolic steroids
``(a) Unlawful Acts.--
``(1) It shall be unlawful--
``(A) to import into the United States or to export
from the United States,
``(B) to manufacture, distribute, dispense, sell,
or offer to sell; or
``(C) to possess with intent to manufacture,
distribute, dispense, sell, or offer to sell;
any anabolic steroid, or any product containing an anabolic
steroid, unless it bears a label clearly identifying any
anabolic steroid contained in such steroid or product by the
nomenclature used by the International Union of Pure and
Applied Chemistry (IUPAC).
``(2) A product that is the subject of an approved
application as described in section 505(b), (i) or (j) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b), (i), or
(j)) is exempt from the International Union of Pure and Applied
Chemistry nomenclature requirement of this subsection if such
product is labeled in the manner required by the Federal Food,
Drug, and Cosmetic Act.
``(b) Criminal Penalties.--
``(1) Any person who violates subsection (a) shall be
sentenced to a term of imprisonment of not more than 1 year, a
fine not to exceed the greater of that authorized in accordance
with the provisions of title 18, United States Code, or
$100,000 if the defendant is an individual or $250,000 if the
defendant is other than an individual, or both.
``(2) Any person who violates subsection (a) knowing,
intending, or having reasonable cause to believe, that the
substance or product is an anabolic steroid, or contains an
anabolic steroid, shall be sentenced to a term of imprisonment
of not more than 10 years, a fine not to exceed the greater of
that authorized in accordance with the provisions of title 18,
United States Code, or $500,000 if the defendant is an
individual or $2,500,000 if the defendant is other than an
individual, or both.
``(c) Civil Penalties.--
``(1) Any person who violates subsection (a) shall be
subject to a civil penalty as follows:
``(A) In the case of an importer, exporter,
manufacturer, or distributor (other than as provided in
subparagraph (B)), up to $500,000 per violation. For
purposes of this subparagraph, a violation is defined
as each instance of importation, exportation,
manufacturing, or distribution, and each anabolic
steroid or product imported, exported, manufactured, or
distributed.
``(B) In the case of a sale or offer to sell at
retail, up to $25,000 per violation. For purposes of
this subparagraph, each sale and each product offered
for sale shall be considered a separate violation.
Continued offers to sell by a person 10 or more days
after written notice (including through electronic
message) to the person by the Attorney General or the
Secretary shall be considered additional violations.
``(2) Any person who violates subsection (a) with a product
that was, at the time of the violation, included on the list
described in subsection (d) shall be subject to twice the civil
penalty provided in paragraph (1).
``(3) In this subsection, the term `product' means a
discrete article, either in bulk or in finished form prepared
for sale. A number of articles, if similarly packaged and
bearing identical labels, shall be considered as one product,
but each package size, form, or differently labeled article
shall be considered a separate product.
``(d) Identification and Publication of List of Products Containing
Anabolic Steroids.--
``(1) The Attorney General may, in his discretion, collect
data and analyze products to determine whether they contain
anabolic steroids and are properly labeled in accordance with
this section. The Attorney General may publish in the Federal
Register or on the website of the Drug Enforcement
Administration a list of products that he has determined, based
on substantial evidence, contain an anabolic steroid and are
not labeled in accordance with this section.
``(2) The absence of a product from the list referred to in
paragraph (1) shall not constitute evidence that the product
does not contain an anabolic steroid.''.
SEC. 3. SENTENCING COMMISSION GUIDELINES.
The United States Sentencing Commission shall--
(1) review and amend the Federal sentencing guidelines with
respect to offenses involving anabolic steroids, including the
offenses established in section 2 (section 305A of the
Controlled Substance Act);
(2) amend the Federal sentencing guidelines, including
notes to the drug quantity tables, to provide clearly that in a
case involving an anabolic steroid not in a tablet, capsule,
liquid, or other form where dosage can be readily ascertained
(such as a powder, topical cream, gel, or aerosol), the
sentence shall be determined based on the entire weight of the
mixture or substance;
(3) amend the applicable guidelines by designating
quantities of mixture or substance that correspond to a unit so
that offenses involving such forms of anabolic steroids are
penalized at least as severely as offenses involving forms
whose dosage can be readily ascertained; and
(4) take such other action as the Commission considers
necessary to carry out this Act and this section.
SEC. 4. CONGRESSIONAL OVERSIGHT.
The Administrator of the Drug Enforcement Administration shall
report to Congress every 2 years--
(1) what anabolic steroids have been scheduled on a
temporary basis under the provisions of this Act; and
(2) the findings and conclusions that led to such
scheduling. | Designer Anabolic Steroid Control Act of 2010 - Amends the Controlled Substances Act to: (1) expand the list of substances defined as "anabolic steroids"; (2) authorize the Attorney General to issue a temporary order adding a drug or other substance to the list of anabolic steroids; (3) impose enhanced criminal and civil penalties for possessing or trafficking in any anabolic steroid, or product containing an anabolic steroid, unless it bears a label clearly identifying the anabolic steroid by the nomenclature used by the International Union of Pure and Applied Chemistry; and (4) authorize the Attorney General to collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled.
Directs: (1) the United States Sentencing Commission to review and amend federal sentencing guidelines with respect to offenses involving anabolic steroids; and (2) the Administrator of the Drug Enforcement Administration (DEA) to report to Congress every two years on what anabolic steroids have been scheduled on a temporary basis under this Act. | A bill to amend the Controlled Substances Act to more effectively regulate anabolic steroids. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice Against Sponsors of
Terrorism Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) International terrorism is a serious and deadly problem
that threatens the vital interests of the United States.
(2) The Constitution confers upon Congress the power to
punish crimes against the law of nations and therefore Congress
may by law impose penalties on those who provide material
support to foreign organizations engaged in terrorist activity,
and allow for victims of international terrorism to recover
damages from those who have harmed them.
(3) International terrorism affects the interstate and
foreign commerce of the United States by harming international
trade and market stability, and limiting international travel
by United States citizens as well as foreign visitors to the
United States.
(4) Some foreign terrorist organizations, acting through
affiliated groups or individuals, raise significant funds
outside of the United States for conduct directed and targeted
at the United States.
(5) It is necessary to recognize the substantive causes of
action for aiding and abetting and conspiracy liability under
the Anti-Terrorism Act of 1987 (22 U.S.C. 5201 et seq.).
(6) The decision of the United States Court of Appeals for
the District of Columbia in Halberstam v. Welch, 705 F.2d 472
(D.C. Cir. 1983), which has been widely recognized as the
leading case regarding Federal civil aiding and abetting and
conspiracy liability, including by the Supreme Court of the
United States, provides the proper legal framework for how such
liability should function in the context of the Anti-Terrorism
Act of 1987 (22 U.S.C. 5201 et seq.).
(7) The United Nations Security Council declared in
Resolution 1373, adopted on September 28, 2001, that all
countries have an affirmative obligation to ``[r]efrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts,'' and to ``[e]nsure that
any person who participates in the financing, planning,
preparation or perpetration of terrorist acts or in supporting
terrorist acts is brought to justice''.
(8) Consistent with these declarations, no country has the
discretion to engage knowingly in the financing or sponsorship
of terrorism, whether directly or indirectly.
(9) Persons, entities, or countries that knowingly or
recklessly contribute material support or resources, directly
or indirectly, to persons or organizations that pose a
significant risk of committing acts of terrorism that threaten
the security of nationals of the United States or the national
security, foreign policy, or economy of the United States,
necessarily direct their conduct at the United States, and
should reasonably anticipate being brought to court in the
United States to answer for such activities.
(10) The United States has a vital interest in providing
persons and entities injured as a result of terrorist attacks
committed within the United States with full access to the
court system in order to pursue civil claims against persons,
entities, or countries that have knowingly or recklessly
provided material support or resources, directly or indirectly,
to the persons or organizations responsible for their injuries.
(b) Purpose.--The purpose of this Act is to provide civil litigants
with the broadest possible basis, consistent with the Constitution of
the United States, to seek relief against persons, entities, and
foreign countries, wherever acting and wherever they may be found, that
have provided material support, directly or indirectly, to foreign
organizations or persons that engage in terrorist activities against
the United States.
SEC. 3. FOREIGN SOVEREIGN IMMUNITY.
Section 1605(a) of title 28, United States Code, is amended--
(1) by amending paragraph (5) to read as follows:
``(5) not otherwise encompassed in paragraph (2), in which
money damages are sought against a foreign state arising out of
physical injury or death, or damage to or loss of property,
occurring in the United States and caused by the tortious act
or omission of that foreign state or of any official or
employee of that foreign state while acting within the scope of
the office or employment of the official or employee
(regardless of where the underlying tortious act or omission
occurs), including any statutory or common law tort claim
arising out of an act of extrajudicial killing, aircraft
sabotage, hostage taking, terrorism, or the provision of
material support or resources for such an act, or any claim for
contribution or indemnity relating to a claim arising out of
such an act, except this paragraph shall not apply to--
``(A) any claim based upon the exercise or
performance of, or the failure to exercise or perform,
a discretionary function, regardless of whether the
discretion is abused; or
``(B) any claim arising out of malicious
prosecution, abuse of process, libel, slander,
misrepresentation, deceit, interference with contract
rights, or any claim for emotional distress or
derivative injury suffered as a result of an event or
injury to another person that occurs outside of the
United States; or''; and
(2) by inserting after subsection (d) the following:
``(e) Definitions.--For purposes of subsection (a)(5)--
``(1) the terms `aircraft sabotage', `extrajudicial
killing', `hostage taking', and `material support or resources'
have the meanings given those terms in section 1605A(h); and
``(2) the term `terrorism' means international terrorism
and domestic terrorism, as those terms are defined in section
2331 of title 18.''.
SEC. 4. AIDING AND ABETTING LIABILITY FOR CIVIL ACTIONS REGARDING
TERRORIST ACTS.
(a) In General.--Section 2333 of title 18, United States Code, is
amended by adding at the end the following:
``(d) Liability.--In an action under subsection (a) for an injury
arising from an act of international terrorism committed, planned, or
authorized by an organization that had been designated as a foreign
terrorist organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189), as of the date on which such act of
international terrorism was committed, planned, or authorized, or that
was so designated as a result of such act of international terrorism,
liability may be asserted as to any person who aided, abetted, or
conspired with the person who committed such an act of international
terrorism.''.
(b) Effect on Foreign Sovereign Immunities Act.--Nothing in the
amendments made by this section affects immunity of a foreign state, as
that term is defined in section 1603 of title 28, United States Code,
from jurisdiction under other law.
SEC. 5. PERSONAL JURISDICTION FOR CIVIL ACTIONS REGARDING TERRORIST
ACTS.
Section 2334 of title 18, United States Code, is amended by
inserting at the end the following:
``(e) Personal Jurisdiction.--The district courts shall have
personal jurisdiction, to the maximum extent permissible under the 5th
Amendment to the Constitution of the United States, over any person who
commits or aids and abets an act of international terrorism or
otherwise sponsors such act or the person who committed such act, for
acts of international terrorism in which any national of the United
States suffers injury in his or her person, property, or business by
reason of such an act in violation of section 2333.''.
SEC. 6. LIABILITY FOR GOVERNMENT OFFICIALS IN CIVIL ACTIONS REGARDING
TERRORIST ACTS.
Section 2337 of title 18, United States Code, is amended to read as
follows:
``Sec. 2337. Suits against Government officials
``No action may be maintained under section 2333 against--
``(1) the United States;
``(2) an agency of the United States; or
``(3) an officer or employee of the United States or any
agency of the United States acting within the official capacity
of the officer or employee or under color of legal
authority.''.
SEC. 7. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be invalid, the remainder of this Act and the
amendments made by this Act, and the application of the provisions and
amendments to any other person not similarly situated or to other
circumstances, shall not be affected by the holding.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall apply to any civil action--
(1) pending on, or commenced on or after, the date of
enactment of this Act; and
(2) arising out of an injury to a person, property, or
business on or after September 11, 2001. | Justice Against Sponsors of Terrorism Act This bill amends the federal judicial code to narrow the scope of foreign sovereign immunity by authorizing U.S. courts to hear cases involving claims against a foreign state for injuries, death, or damages that occur inside the United States as a result of a tort, including an act of terrorism, committed anywhere by a foreign state or official. It amends the federal criminal code to permit civil claims against a foreign state or official for injuries, death, or damages from an act of international terrorism. Additionally, the bill authorizes federal courts to exercise personal jurisdiction over and impose liability on a person who commits, or aids, abets, or conspires to commit, an act of international terrorism against a U.S. national. | Justice Against Sponsors of Terrorism Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for High-Skilled Immigrants
Act of 2011''.
SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.
(a) In General.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
(1) in the paragraph heading, by striking ``and employment-
based'';
(2) by striking ``(3), (4), and (5),'' and inserting ``(3)
and (4),'';
(3) by striking ``subsections (a) and (b) of section 203''
and inserting ``section 203(a)'';
(4) by striking ``7'' and inserting ``15''; and
(5) by striking ``such subsections'' and inserting ``such
section''.
(b) Conforming Amendments.--Section 202 of the Immigration and
Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(3), by striking ``both subsections
(a) and (b) of section 203'' and inserting ``section 203(a)'';
(2) by striking subsection (a)(5); and
(3) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If it is determined
that the total number of immigrant visas made available under section
203(a) to natives of any single foreign state or dependent area will
exceed the numerical limitation specified in subsection (a)(2) in any
fiscal year, in determining the allotment of immigrant visa numbers to
natives under section 203(a), visa numbers with respect to natives of
that state or area shall be allocated (to the extent practicable and
otherwise consistent with this section and section 203) in a manner so
that, except as provided in subsection (a)(4), the proportion of the
visa numbers made available under each of paragraphs (1) through (4) of
section 203(a) is equal to the ratio of the total number of visas made
available under the respective paragraph to the total number of visas
made available under section 203(a).''.
(c) Country-Specific Offset.--Section 2 of the Chinese Student
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
(1) in subsection (a), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(2) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(d) Effective Date.--The amendments made by this section shall take
effect as if enacted on September 30, 2011, and shall apply to fiscal
year 2012 and each subsequent fiscal year.
(e) Transition Rules for Employment-Based Immigrants.--
(1) In general.--Subject to paragraphs (2) through (4), and
notwithstanding title II of the Immigration and Nationality Act
(8 U.S.C. 1151 et seq.), the following rules shall apply:
(A) For fiscal year 2012, 15 percent of the
immigrant visas made available under each of paragraphs
(2) and (3) of section 203(b) of such Act (8 U.S.C.
1153(b)) shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not 1 of the 2 States with the largest aggregate
numbers of natives obtaining immigrant visas during
fiscal year 2010 under such paragraphs.
(B) For fiscal year 2013, 10 percent of the
immigrant visas made available under each of such
paragraphs shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not 1 of the 2 States with the largest aggregate
numbers of natives obtaining immigrant visas during
fiscal year 2011 under such paragraphs.
(C) For fiscal year 2014, 10 percent of the
immigrant visas made available under each of such
paragraphs shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not 1 of the 2 States with the largest aggregate
numbers of natives obtaining immigrant visas during
fiscal year 2012 under such paragraphs.
(2) Per-country levels.--
(A) Reserved visas.--With respect to the visas
reserved under each of subparagraphs (A) through (C) of
paragraph (1), the number of such visas made available
to natives of any single foreign state or dependent
area in the appropriate fiscal year may not exceed 25
percent (in the case of a single foreign state) or 2
percent (in the case of a dependent area) of the total
number of such visas.
(B) Unreserved visas.--With respect to the
immigrant visas made available under each of paragraphs
(2) and (3) of section 203(b) of such Act (8 U.S.C.
1153(b)) and not reserved under paragraph (1), for each
of fiscal years 2012, 2013, and 2014, not more than 85
percent shall be allotted to immigrants who are natives
of any single foreign state.
(3) Special rule to prevent unused visas.--If, with respect
to fiscal year 2012, 2013, or 2014, the application of
paragraphs (1) and (2) would prevent the total number of
immigrant visas made available under paragraph (2) or (3) of
section 203(b) of such Act (8 U.S.C. 1153(b)) from being
issued, such visas may be issued during the remainder of such
fiscal year without regard to paragraphs (1) and (2).
(4) Rules for chargeability.--Section 202(b) of such Act (8
U.S.C. 1152(b)) shall apply in determining the foreign state to
which an alien is chargeable for purposes of this subsection.
SEC. 3. E-VISA REFORM.
(a) Definition.--Section 101(a)(15)(E)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)(iii)) is amended by inserting
``, or solely to perform services as an employee who meets the
requirements under section 203(d)(2) if the alien is a national of the
Republic of Ireland,'' after ``Australia''.
(b) Temporary Admission.--Section 212(d)(3)(A) of the Immigration
and Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended to read as
follows:
``(A) Except as otherwise provided in this subsection--
``(i) an alien who is applying for a nonimmigrant
visa and who the consular officer knows or believes to
be ineligible for such visa under subsection (a) (other
than subparagraphs (A)(i)(I), (A)(ii), (A)(iii), (C),
(E)(i), and (E)(ii) of paragraph (3) of such
subsection)--
``(I) after approval by the Secretary of
Homeland Security of a recommendation by the
Secretary of State or by the consular officer
that the alien be admitted temporarily despite
the alien's inadmissibility, may be granted
such a visa and may be admitted into the United
States temporarily as a nonimmigrant, in the
discretion of the Secretary of Homeland
Security; or
``(II) absent such recommendation and
approval, be granted a nonimmigrant visa
pursuant to section 101(a)(15)(E) if such
ineligibility is based solely on conduct in
violation of paragraph (6), (7), or (9) of
section 212(a) that occurred before the date of
the enactment of the Fairness for High-Skilled
Immigrants Act of 2011;
``(ii) an alien who is inadmissible under
subsection (a) (other than subparagraphs (A)(i)(I),
(A)(ii), (A)(iii), (C), (E)(i), and (E)(ii) of
paragraph (3) of such subsection), is in possession of
appropriate documents or was granted a waiver from such
document requirement, and is seeking admission, may be
admitted into the United States temporarily as a
nonimmigrant, in the discretion of the Secretary of
Homeland Security, who shall prescribe conditions,
including exaction of such bonds as may be necessary,
to control and regulate the admission and return of
inadmissible aliens applying for temporary admission
under this paragraph.''.
(c) Numerical Limitation.--Section 214(g)(11)(B) of the Immigration
and Nationality Act (8 U.S.C. 1184(g)(11)(B)) is amended by inserting
``for each of the nationalities identified under section
101(a)(15)(E)(iii)'' before the period at the end. | Fairness for High-Skilled Immigrants Act of 2011 - Amends the Immigration and Nationality Act to: (1) eliminate the per country numerical limitation for employment-based immigrants, and (2) increase the per country numerical limitation for family based immigrants from 7% to 15% of the total number of family-sponsored visas.
Amends the Chinese Student Protection Act of 1992 to eliminate the provision requiring the reduction of annual Chinese (PRC) immigrant visas to offset status adjustments under such Act.
Sets forth the following transition period for employment-based second and third preference (EB-2 and EB-3) immigrant visas: (1) for FY2012, 15% of such visas allotted to natives of countries other than the two countries with the largest aggregate numbers of natives obtaining such visas in FY2010; (2) for FY2013, 10% of such visas allotted in each category to natives of countries other than the two with the largest aggregate numbers of natives obtaining such visas in FY2011; and (3) for FY2014, 10% of such visas allotted in each category to natives of countries other than the two with the largest aggregate numbers of natives obtaining such visas in FY2012.
Sets forth the following per country distribution rules: (1) for transition period visas, not more than 25% of the total number of EB-2 and EB-3 visas for natives of a single country; and (2) for non-transition period visas, not more than 85% of EB-2 and EB-3 visas for natives of a single country.
Includes nationals of Ireland coming to the United States under a treaty of commerce to perform specialty occupation services in the nonimmigrant E-3 visa category.
Transfers specified approval authority regarding the temporary admission of certain aliens not otherwise admissible from the Attorney General (DOJ) to the Secretary of Homeland Security (DHS). Expands the grounds for such approval. | A bill to amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes. |
SECTION 1. SMALL BUSINESS TAX INCENTIVES.
(a) Increase in Section 179 Expensing.--
(1) Increase in dollar limitation made permanent.--
Paragraph (1) of section 179(b) of the Internal Revenue Code of
1986 (relating to dollar limitation) is amended by striking
``$25,000 ($100,000 in the case of taxable years beginning
after 2002 and before 2006)'' and inserting ``$100,000''.
(2) Increase in threshold for reduction of dollar
limitation.--Paragraph (2) of section 179(b) of such Code
(relating to reduction in limitation) is amended by striking
``$200,000 ($400,000 in the case of taxable years beginning
after 2002 and before 2006)'' and inserting ``$500,000''.
(3) Inflation adjustment.--Paragraph (5) of section 179(b)
of such Code (relating to inflations adjustments) is amended to
read as follows:
``(5) Inflation adjustments.--
``(A) Dollar limitation.--In the case of any
taxable year beginning in a calendar year after 2004,
the $100,000 amount in paragraph (1) shall be increased
by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment under
section 1(f)(3) for the calendar year in which
the taxable year begins determined by
substituting `calendar year 2002' for `calendar
year 1992' in subparagraph (B) thereof.
``(B) Phaseout amount.--In the case of any taxable
year beginning in a calendar year after 2005, the
$500,000 amount in paragraph (2) shall be increased by
an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment under
section 1(f)(3) for the calendar year in which
the taxable year begins determined by
substituting `calendar year 2004' for `calendar
year 1992' in subparagraph (B) thereof.
``(C) Rounding.--
``(i) Dollar limitation.--If the amount in
paragraph (1) as increased under subparagraph
(A) is not a multiple of $1,000, such amount
shall be rounded to the nearest multiple of
$1,000.
``(ii) Phaseout amount.--If the amount in
paragraph (2) as increased under subparagraph
(B) is not a multiple of $10,000, such amount
shall be rounded to the nearest multiple of
$10,000.''.
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2004.
(b) Work Opportunity Credit, Welfare-To-Work Credit, and Research
Credit Allowed Against Alternative Minimum Tax.--
(1) In general.--Subsection (c) of section 38 of the
Internal Revenue Code of 1986 (relating to limitation based on
amount of tax) is amended by redesignating paragraph (4) as
paragraph (7) and by inserting after paragraph (3) the
following new paragraphs:
``(4) Special rules for work opportunity credit.--
``(A) In general.--In the case of the work
opportunity credit--
``(i) this section and section 39 shall be
applied separately with respect to such credit,
and
``(ii) in applying paragraph (1) to such
credit--
``(I) subparagraph (A) shall not
apply, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the work
opportunity credit, the welfare-to-work
credit, or the research credit).
``(B) Work opportunity credit.--For purposes of
this subsection, the term `work opportunity credit'
means the credit allowable under subsection (a) by
reason of section 51(a).
``(5) Special rules for welfare-to-work credit.--
``(A) In general.--In the case of the welfare-to-
work credit--
``(i) this section and section 39 shall be
applied separately with respect to such credit,
and
``(ii) in applying paragraph (1) to such
credit--
``(I) subparagraph (A) shall not
apply, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the welfare-
to-work credit or the research credit).
``(B) Welfare-to-work credit.--For purposes of this
subsection, the term `welfare-to-work credit' means the
credit allowable under subsection (a) by reason of
section 51A(d)(2).
``(6) Special rules for research credit.--
``(A) In general.--In the case of the research
credit--
``(i) this section and section 39 shall be
applied separately with respect to such credit,
and
``(ii) in applying paragraph (1) to such
credit--
``(I) subparagraph (A) shall not
apply, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the research
credit).
``(B) Research credit.--For purposes of this
subsection, the term `research credit' means the credit
allowable under subsection (a) by reason of section
41.''.
(2) Conforming amendments.--
(A) Subclause (II) of section 38(c)(2)(A)(ii) of
such Code is amended--
(i) by striking ``or'' after ``employment
credit'' and inserting a comma, and
(ii) by inserting ``, the work opportunity
credit, the welfare-to-work credit, or the
research credit'' after ``employee credit''.
(B) Subclause (II) of section 38(c)(3)(A)(ii) of
such Code is amended by inserting ``, the work
opportunity credit, the welfare-to-work, or the
research credit'' after ``employee credit''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2004.
SEC. 2. STANDARD HOME OFFICE DEDUCTION.
(a) In General.--Subsection (c) of section 280A of the Internal
Revenue Code of 1986 (relating to disallowance of certain expenses in
connection with business use of home, rental of vacation homes, etc.)
is amended by adding at the end the following new paragraph:
``(7) Standard home office deduction.--In the case of a use
described in paragraph (1), (2), or (4), and in the case of a
use described in paragraph (3) where the dwelling unit is used
by the taxpayer during the taxable year as a residence, the
deductions allowed under this chapter for the taxable year by
reason of being attributed to such use shall not be less than
$2,500.''.
(b) Standard Home Office Deduction not Subject to Limitation.--
Paragraph (5) of section 280A(c) of such Code (relating to limitation
on deductions) is amended by striking ``In the case of'' and inserting
``Except as provided in paragraph (7), in the case of''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. MINIMUM WAGE PROVISIONS.
(a) Increase in Tip Income.--Section 3(m)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)(1)) is amended by adding before
the semicolon the following: ``, except that, for purposes of this
paragraph, the cash wage paid such employee shall be not less than
$3.25 an hour beginning October 1, 2005''.
(b) Minimum Wage.--
(1) Exemption for small employers.--Section 6 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206) is amended--
(A) in subsection (a), by inserting after ``Every
employer'' the following: ``who employs ten or more
employees''; and
(B) in subsection (b), by inserting after ``Every
employer'' the following: ``who employs ten or more
employees''.
(2) Phased increase.--Section 6(a) of such Act (29 U.S.C.
206(a)) is amended by striking paragraph (1) and inserting the
following new paragraph:
``(1) except as otherwise provided in this section, not
less than $5.15 an hour through the period ending September 30,
2005, not less than $5.50 an hour during the year beginning
October 1, 2005, not less than $6.00 an hour during the year
beginning October 1, 2006, and not less than $6.50 an hour
during the year beginning October 1, 2007.''.
(c) Effective Date.--The amendment made by subsection (b)(1) shall
apply beginning October 1, 2005.
SEC. 4. INCREASED EXEMPTION FOR ANNUAL GROSS VOLUME OF SALES MADE OR
BUSINESS DONE BY AN ENTERPRISE.
Section 3(s)(1)(A)(ii) of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(s)(1)(A)(ii)) is amended to read as follows:
``(ii) is an enterprise whose annual gross volume
of sales made or business done, exclusive of excise
taxes at the retail level that are separately stated,
is not less than $500,000 through the period ending
September 30, 2005, not less than $650,000 during the
year beginning October 1, 2005, not less than $800,000
during the year beginning October 1, 2006, and not less
than $1,000,000 during the year beginning October 1,
2007.''.
SEC. 5. EARNED INCOME EXCLUSION UNDER THE SSI PROGRAM.
(a) In General.--Section 1612(b) of the Social Security Act (42
U.S.C. 1382a(b)) is amended--
(1) by striking ``and'' at the end of paragraph (22);
(2) by striking the period at the end of paragraph (23) and
inserting ``; and''; and
(3) by adding at the end the following:
``(24)(A) if such individual does not have an eligible
spouse, the amount (if any) by which the minimum wage rate in
effect for the month under section 6 of the Fair Labor
Standards Act of 1938 multiplied by the number of hours for
which such individual is gainfully employed during the month
exceeds the total amount of earned income of such individual
excluded by the preceding provisions of this subsection for the
month; or
``(B) if such individual has an eligible spouse, the amount
(if any) by which the minimum wage rate in effect for the month
under section 6 of the Fair Labor Standards Act of 1938
multiplied by the total number of hours for which such
individual and such spouse are gainfully employed during the
month exceeds the total amount of earned income of such
individual and such spouse excluded by the preceding provisions
of this subsection for the month.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2005, and shall apply to benefits for months
beginning on or after such date. | Amends the Internal Revenue Code to make permanent the increased expensing allowance ($100,000) for depreciable business property. Increases to $500,000 the income threshold for reducing the expensing allowance and makes such threshold amount permanent. Provides for an inflation adjustment to the allowance and the threshold.
Allows a credit against alternative minimum tax liability for the work opportunity tax credit, the welfare to work tax credit, and the tax credit for increasing research activities.
Provides for a minimum standard tax deduction of $2,500 for expenses for the business use of a home.
Amends the Fair Labor Standards Act of 1938 to: (1) increase the minimum wage for tipped employees to $3.25 beginning on October 1, 2005; (2) exempt from minimum wage requirements employers with less than ten employees; (3) phase in an increase of the minimum wage to $6.50 beginning October 1, 2007; and (4) phase in an increase in the gross volume of sales amount applicable to the small business exemption from minimum wage requirements.
Amends title XVI (Supplemental Security Income) of the Social Security Act to exclude from income determinations under the supplemental security income programs minimum wage income that exceeds certain earned income. | To amend the Internal Revenue Code of 1986 to provide for small business tax incentives, to amend the Fair Labor Standards Act of 1938 to increase the minimum wage and to increase the exemption for annual gross volume of sales made or business done by an enterprise, and for other purposes. |
SECTION 1. CERTAIN ENTRIES OF PASTA.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law and subject to the
provisions of subsections (b) and (c), the United States Customs
Service shall--
(1) not later than 90 days after the receipt of the request
described in subsection (b), liquidate or reliquidate the
entries listed in subsection (d) at the antidumping duty rate
specified in case number A-475-818 of the Department of
Commerce for customer ID number A-475-818-015, in accordance
with the final results of the administrative reviews covering
the periods from January 19, 1996, through June 30, 1997, and
from July 1, 1997, through June 30, 1998, undertaken by the
Department of Commerce for such entries; and
(2) not later than 90 days after such liquidation or
reliquidation, refund the difference, including interest from
the date of entry, between any duties previously paid and the
assessed reliquidation duties, if any.
(b) Requests.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection (d)
only if a request therefor is filed with the Customs Service not later
than 90 days after the date of the enactment of this Act.
(c) Effect of Section 754 of Tariff Act of 1930.--If section 754 of
the Tariff Act of 1930 (19 U.S.C. 1675c) is in effect as of the date on
which a request for liquidation or reliquidation under subsection (b)
is filed with the Customs Service, then any refunds due to an importer
as a result of a liquidation or reliquidation made under subsection (a)
pursuant to the request shall be paid only to the extent that funds for
fiscal year 2003 or thereafter are available in the special account
established under section 754(e) of the Tariff Act of 1930 with respect
to the antidumping order covering the antidumping duty rate described
in subsection (a)(1) of this section.
(d) Entries.--The entries referred to in subsection (a) are as
follows:
Entry number Date of entry
112-9031316-0 August 1, 1997
112-903505 August 12, 1997
112-9035113-7 August 8, 1997
112-9060512-8 September 19, 1997
112-9062411-1 October 6, 1997
112-9065180-9 October 18, 1997
112-9065185-8 October 18, 1997
112-9067805-9 October 6, 1997
112-9069528-5 October 6, 1997
112-9073901-8 October 11, 1997
112-9083916-4 November 8, 1997
112-9094826-2 November 17, 1997
112-9097228-8 November 23, 1997
112-9100392-7 December 6, 1997
112-9100408-1 December 6, 1997
112-9110232-3 January 12, 1998
112-9110235-6 January 7, 1998
112-9112343-6 December 15, 1997
112-9128013-7 January 11, 1998
112-9136074-9 January 28, 1998
112-9140429-9 February 8, 1998
112-9153399-8 March 7, 1998
112-9153402-0 February 28, 1998
112-9154972-1 March 14, 1998
112-9733815-8 August 27, 1996
112-9741277-4 January 18, 1996
112-9743016-4 January 26, 1996
112-9746699-4 January 30, 1996
112-9746705-9 January 30, 1996
112-9747651-4 February 2, 1996
112-9747653-0 February 2, 1996
112-9763880-8 March 19, 1996
112-9763914-5 March 22, 1996
112-9771147-2 April 14, 1996
112-9771151-4 April 14, 1996
112-9775235-1 April 22, 1996
112-9776387-9 April 30, 1996
112-9776389-5 April 29, 1996
112-9776392-9 April 29, 1996
112-9776397-8 April 29, 1996
112-9782754-2 January 24, 1996
112-9823058-9 July 28, 1996
112-9823914-3 August 1, 1996
112-9826459-6 August 12, 1996
112-9826463-8 August 19, 1996
112-9830202-4 August 19, 1996
112-9830216-4 August 23, 1996
112-9830227-1 August 19, 1996
112-9830231-3 August 12, 1996
112-9833925-7 August 27, 1996
112-9833927-3 September 4, 1996
112-9834606-2 August 16, 1996
112-9838476-6 September 3, 1996
112-9838481-6 September 3, 1996
112-9838484-0 September 3, 1996
112-9855309-7 October 8, 1996
558-1629503-8 May 14, 1996
558-1735066-7 January 21, 1997
558-1738988-9 July 21, 1997
558-1740049-6 August 30, 1997
558-1742806-7 December 18, 1998
558-1846156-2 April 22, 1998
558-1847661-0 June 23, 1998
558-1847982-0 June 30, 1998
614-0010511-2 December 7, 1995
614-0011461-9 February 1, 1996
614-0011462-7 February 1, 1996
614-0011843-8 February 23, 1996
614-0011844-6 February 19, 1996
614-0011845-3 February 19, 1996
614-0011846-1 February 16, 1996
614-0011847-9 February 16, 1996
614-0011848-7 February 16, 1996
614-0011849-5 February 16, 1996
614-0011886-7 March 8, 1996
614-0011887-5 March 8, 1996
614-0011892-5 February 24, 1996
614-0011893-3 February 24, 1996
614-0011894-1 February 24, 1996
614-0011895-8 February 24, 1996
614-0011896-6 February 24, 1996
614-0011899-0 February 24, 1996
614-0012574-8 March 20, 1996
614-0012575-5 March 8, 1996
614-0012576-3 March 8, 1996
614-0012577-1 March 8, 1996
614-0012578-9 March 8, 1996
614-0012579-7 March 8, 1996
614-0012758-7 March 8, 1996
614-0012759-5 March 15, 1996
614-0012793-4 March 28, 1996
614-0012932-8 March 22, 1996
614-0013062-3 April 18, 1996
614-0013063-1 April 18, 1996
614-0013175-3 April 9, 1996
614-0013176-1 April 8, 1996
614-0013177-9 April 8, 1996
614-0013315-5 April 18, 1996
614-0013317-1 April 18, 1996
614-0013318-9 April 18, 1996
614-0013357-7 April 26, 1996
614-0013358-5 April 26, 1996
614-0013359-3 April 26, 1996
614-0013360-1 April 26, 1996
614-0013361-9 April 26, 1996
614-0013362-7 April 26, 1996
614-0013363-5 April 26, 1996
614-0013364-3 April 26, 1996
614-0013595-2 May 4, 1996
614-0013596-0 May 4, 1996
614-0013597-8 May 4, 1996
614-0013598-6 May 4, 1996
614-0013740-4 May 17, 1996
614-0013741-2 May 16, 1996
614-0013752-9 May 20, 1996
614-0015508-3 July 10, 1996
614-0015540-6 August 3, 1996
614-0015541-4 August 3, 1996
614-0015542-2 July 24, 1996
614-0015543-0 July 24, 1996
614-0015544-8 July 24, 1996
614-0015545-5 July 24, 1996
614-0015546-3 July 24, 1996
614-0015547-1 July 24, 1996
614-0015548-9 July 24, 1996
614-0015549-7 August 3, 1996
614-0015550-5 August 3, 1996
614-0015752-7 August 5, 1996
614-0015754-3 August 5, 1996
614-0015755-0 August 9, 1996
614-0015756-8 August 9, 1996
614-0016033-1 August 17, 1996
614-0016034-9 August 17, 1996
614-0016035-6 August 17, 1996
614-0016036-4 August 17, 1996
614-0016037-2 August 17, 1996
614-0016233-7 August 23, 1996
614-0016234-5 August 30, 1996
614-0016236-0 August 30, 1996
614-0016237-8 August 30, 1996
614-0016238-6 August 30, 1996
614-0016239-4 August 30, 1996
614-0016242-8 August 20, 1996
614-0016243-6 August 20, 1996
614-0016483-8 September 13, 1996
614-0016484-6 September 13, 1996
614-0016485-3 September 13, 1996
614-0016486-1 September 13, 1996
614-0024377-2 June 27, 1997
614-0026871-2 December 2, 1997
614-0027212-8 December 11, 1997
614-0027615-2 January 4, 1998
614-0028100-4 February 19, 1998
614-0028101-2 February 15, 1998
614-0028102-0 February 19, 1998
614-0028104-6 February 15, 1998
614-0028193-9 February 23, 1998
614-0028194-7 February 24, 1998
614-0028255-6 March 3, 1998
614-0028267-1 March 9, 1998
614-0028268-9 March 9, 1998
614-0028279-6 March 7, 1998
614-0028434-7 March 15, 1998
614-0028438-8 March 15, 1998
614-0028716-7 April 9, 1998
614-0028718-3 April 13, 1998
614-0028719-1 April 16, 1998
614-0028776-1 April 17, 1998
614-0028793-6 April 27, 1998
614-0028864-5 April 23, 1998
614-0028868-6 April 20, 1998
614-0028869-4 April 20, 1998
614-0028870-2 April 21, 1998
614-0028871-0 April 21, 1998
614-0028872-8 April 21, 1998
614-0028873-6 April 21, 1998
614-0028966-8 April 27, 1998
614-0028983-3 May 5, 1998
614-0029042-7 May 4, 1998
614-0029043-5 May 4, 1998
614-0029565-7 June 21, 1998
614-0029566-5 June 21, 1998
614-0029567-3 June 21, 1998
614-0029835-4 June 23, 1998
614-0029840-4 June 23, 1998
614-0029841-2 June 23, 1998
614-0029870-1 June 22, 1998
614-0029871-9 June 23, 1998
FD6-2007567-7 June 19, 1998
FD6-2007568-5 June 19, 1998 | Directs the Customs Service to liquidate or reliquidate certain entries of pasta and to refund any amounts owed. Provides that in specified circumstances, refunds shall be paid to an importer only to the extent that funds are available in the special account established under the Tariff Act of 1930 with respect to the antidumping order covering a specified antidumping duty rate. | To provide for the liquidation or reliquidation of certain entries of pasta. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Physical Fitness and Sports
Foundation Establishment Act''.
SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION.
(a) Establishment.--There is established the National Physical
Fitness and Sports Foundation (hereinafter in this Act referred to as
the ``Foundation''). The Foundation is a charitable and nonprofit
corporation and is not an agency or establishment of the United States.
(b) Purposes.--The purposes of the Foundation are--
(1) in conjunction with the President's Council on Physical
Fitness and Sports, to develop a list and description of
programs, events and other activities which would further the
goals outlined in Executive Order 12345 and with respect to
which combined private and governmental efforts would be
beneficial; and
(2) to encourage and promote the participation by private
organizations in the activities referred to in subsection
(b)(1) and to encourage and promote private gifts of money and
other property to support those activities.
(c) Disposition of Money and Property.--At least annually the
Foundation shall transfer, after the deduction of the administrative
expenses of the Foundation, the balance of any contributions received
for the activities referred to in subsection (b), to the United States
Public Health Service Gift Fund pursuant to section 2701 of the Public
Health Service Act (42 U.S.C. 300aaa) for expenditure pursuant to the
provisions of that section and consistent with the purposes for which
the funds were donated.
SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--The Foundation shall have a
governing Board of Directors (hereinafter referred to in this Act as
the ``Board''), which shall consist of nine Directors each of whom
shall be a United States citizen--
(1) three of whom must be knowledgeable or experienced in
one or more fields directly connected with physical fitness,
sports or the relationship between health status and physical
exercise; and
(2) six of whom must be leaders in the private sector with
a strong interest in physical fitness, sports or the
relationship between health status and physical exercise.
The membership of the Board, to the extent practicable, shall represent
diverse professional specialties relating to the achievement of
physical fitness through regular participation in programs of exercise,
sports and similar activities. The Assistant Secretary for Health, the
Executive Director of the President's Council on Physical Fitness and
Sports, the Director for the National Center for Chronic Disease
Prevention and Health Promotion, the Director of the National Heart,
Lung, and Blood Institute and the Director for the Centers for Disease
Control and Prevention shall be ex officio, nonvoting members of the
Board. Appointment to the Board or its staff shall not constitute
employment by, or the holding of an office of, the United States for
the purposes of any Federal employment or other law.
(b) Appointment and Terms.--Within ninety days from the date of
enactment of this Act, the Directors of the Board will be appointed.
The Directors shall serve for a term of six years; three of whom will
be appointed by the Secretary (hereinafter referred to in this Act as
the ``Secretary''); two by the majority leader of the Senate; one by
the minority leader of the Senate; two by the Speaker of the House of
Representatives; one by the minority leader of the House of
Representatives. A vacancy on the Board shall be filled within sixty
days of said vacancy in the manner in which the original appointment
was made, and shall be for the balance of the term of the individual
who was replaced. No individual may serve more than two consecutive
terms as a Director.
(c) Chairman.--The Chairman shall be elected by the Board from its
members for a two-year term and will not be limited in terms or
service.
(d) Quorum.--A majority of the current membership of the Board
shall constitute a quorum for the transaction of business.
(e) Meetings.--The Board shall meet at the call of the Chairman at
least once a year. If a Director misses three consecutive regularly
scheduled meetings, that individual may be removed from the Board and
the vacancy filled in accordance with subsection 3(b).
(f) Reimbursement of Expenses.--Members of the Board shall serve
without pay, but may be reimbursed for the actual and necessary
traveling and subsistence expenses incurred by them in the performance
of the duties of the Foundation, subject to the same limitations on
reimbursement that are imposed upon employees of Federal agencies.
(g) General Powers.--(1) The Board may complete the organization of
the Foundation by--
(A) appointing officers and employees;
(B) adopting a constitution and bylaws consistent with the
purposes of the Foundation and the provision of this Act. In
establishing bylaws under this subsection, and Board shall
provide for policies with regard to financial conflicts of
interest and ethical standards for the acceptance, solicitation
and disposition of donations and grants to the Foundation; and
(C) undertaking such other acts as may be necessary to
carry out the provisions of this Act.
(2) The following limitations apply with respect to the appointment
of officers and employees of the Foundation:
(A) Officers and employees may not be appointed until the
Foundation has sufficient funds to pay them for their service.
No individual so appointed may receive pay in excess of the
annual rate of basic pay in effect for Executive Level V in the
Federal service.
(B) The first officer or employee appointed by the Board
shall be the Secretary of the Board who (i) shall serve, at the
direction of the Board, as its chief operating officer, and
(ii) shall be knowledgeable and experienced in matters relating
to physical fitness and sports.
(C) No Public Health Service employee nor the spouse or
dependent relative of such an employee may serve as an officer
or member of the Board of Directors or as an employee of the
Foundation.
(D) Any individual who is an officer, employee, or member
of the Board of the Foundation may not (in accordance with the
policies developed under subsection 3(g)(1)(B)) personally or
substantially participate in the consideration or determination
by the Foundation of any matter that would directly or
predictably affect any financial interest of the individual or
a relative (as such term is defined in section 109 (16) of the
Ethics in Government Act of 1978) of the individual, of any
business organization or other entity, or of which the
individual is an officer or employee, or is negotiating for
employment, or in which the individual has any other financial
interest.
SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) In General.--The Foundation--
(1) shall have perpetual succession;
(2) may conduct business throughout the several States,
territories, and possessions of the United States;
(3) shall have its principal offices in or near the
District of Columbia; and
(4) shall at all times maintain a designated agent
authorized to accept service of process for the Foundation. The
serving of notice to, or service of process upon, the agent
required under paragraph 4(a)(4), or mailed to the business
address of such agent, shall be deemed as service upon or
notice to the Foundation.
(b) Seal.--The Foundation shall have an official seal selected by
the Board which shall be judicially noticed.
(c) Powers.--To carry out its purposes under section 2, and subject
to the specific provisions thereof, the Foundation shall have the usual
powers of a corporation acting as a trustee in the District of
Columbia, including the power--
(1) except as otherwise provided herein, to accept,
receive, solicit, hold, administer, and use any gift, devise,
or bequest, either absolutely or in trust, of real or personal
property or any income therefrom or other interest therein;
(2) to acquire by purchase or exchange any real or personal
property or interest therein;
(3) unless otherwise required by the instrument of transfer
to sell, donate, lease, invest, reinvest, retain, or otherwise
dispose of any property or income therefrom;
(4) to sue and be sued, and complain and defend itself in
any court of competent jurisdiction, except for gross
negligence;
(5) to enter into contracts or other arrangements with
public agencies and private organizations and persons and to
make such payments as may be necessary to carry out its
functions; and
(6) to do any and all acts necessary and proper to carry
out the purposes of the Foundation.
(d) Definitions.--For purposes of this Act, an interest in real
property shall be treated as including, among other things, easements
or other rights for preservation, conservation, protection, or
enhancement by and for the public of natural, scenic, historic,
scientific, educational, inspirational or recreational resources. A
gift, devise, or bequest may be accepted by the Foundation even though
it is encumbered, restricted, or subject to beneficial interests of
private persons if any current or future interest therein is for the
benefit of the Foundation.
SEC. 5. VOLUNTEER STATUS.
The Foundation may accept, without regard to the civil service
classification laws, rules, or regulations, the services of volunteers
in the performance of the functions authorized herein, in the manner
provided for under section 7(c) of the Fish and Wildlife Act of 1956
(16 U.S.C. 742f(c)).
SEC. 6. AUDIT, REPORTING REQUIREMENTS AND PETITION TO ATTORNEY GENERAL
FOR EQUITABLE RELIEF.
(a) Audits.--For purposes of the Act entitled ``An Act for audit of
accounts of private corporations established under Federal law'',
approved August 30, 1964 (Public Law 88-504, 36 U.S.C. 1101-1103), the
Foundation shall be treated as a private corporation under Federal law.
The Inspector General of the Department of Health and Human Services
and the Comptroller General of the United States shall have access to
the financial and other records of the Foundation, upon reasonable
notice.
(b) Report.--The Foundation shall, as soon as practicable after the
end of each fiscal year, transmit to the Secretary of the Department of
Health and Human Services and to Congress a report of its proceedings
and activities during such year, including a full and complete
statement of its receipts, expenditures, and investments.
(c) Relief With Respect To Certain Foundation Acts or Failure To
Act.--If the Foundation--
(1) engages in, or threatens to engage in, any act,
practice, or policy that is inconsistent with its purposes set
forth in section 2(b); or
(2) refuses, fails, or neglects to discharge its
obligations under this Act, or threatens to do so
the Attorney General of the United States may petition in the United
States District Court for the District of Columbia for such equitable
relief as may be necessary or appropriate.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized such sums as are necessary to carry out
the purposes of this Act: Provided, That, such sums are only available
to the Foundation for organizational costs. | National Physical Fitness and Sports Foundation Establishment Act - Establishes the National Physical Fitness and Sports Foundation as a charitable, nonprofit, non-U.S. corporation, to promote participation by private organizations in the activities of the President's Council on Physical Fitness and Sports.
Authorizes appropriations. | National Physical Fitness and Sports Foundation Establishment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Over-the-Road Bus Security and
Safety Act of 2003''.
SEC. 2. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary of Transportation, acting through
the Administrator of the Federal Motor Carrier Safety Administration,
shall establish a program for making grants to private operators of
over-the-road buses for system-wide security improvements to their
operations, including--
(1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their security;
(2) protecting or isolating the driver;
(3) acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for collection,
storage, or exchange of passenger and driver information
through ticketing systems or otherwise, and information links
with government agencies;
(4) training employees in recognizing and responding to
security threats, evacuation procedures, passenger screening
procedures, and baggage inspection;
(5) hiring and training security officers;
(6) installing cameras and video surveillance equipment on
over-the-road buses and at terminals, garages, and over-the-
road bus facilities;
(7) creating a program for employee identification or
background investigation;
(8) establishing an emergency communications system linked
to law enforcement and emergency personnel; and
(9) implementing and operating passenger screening programs
at terminals and on over-the-road buses.
(b) Reimbursement.--A grant under this Act may be used to provide
reimbursement to private operators of over-the-road buses for
extraordinary security-related costs for improvements described in
paragraphs (1) through (9) of subsection (a), determined by the
Secretary to have been incurred by such operators since September 11,
2001.
(c) Federal Share.--The Federal share of the cost for which any
grant is made under this Act shall be 90 percent.
(d) Due Consideration.--In making grants under this Act, the
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation
security from those in effect before September 11, 2001.
(e) Grant Requirements.--A grant under this Act shall be subject to
all the terms and conditions that a grant is subject to under section
3038(f) of the Transportation Equity Act for the 21st Century (49
U.S.C. 5310 note; 112 Stat. 393).
SEC. 3. PLAN REQUIREMENT.
(a) In General.--The Secretary may not make a grant under this Act
to a private operator of over-the-road buses until the operator has
first submitted to the Secretary--
(1) a plan for making security improvements described in
section 2 and the Secretary has approved the plan; and
(2) such additional information as the Secretary may
require to ensure accountability for the obligation and
expenditure of amounts made available to the operator under the
grant.
(b) Coordination.--To the extent that an application for a grant
under this section proposes security improvements within a specific
terminal owned and operated by an entity other than the applicant, the
applicant shall demonstrate to the satisfaction of the Secretary that
the applicant has coordinated the security improvements for the
terminal with that entity.
SEC. 4. OVER-THE-ROAD BUS DEFINED.
In this Act, the term ``over-the-road bus'' means a bus
characterized by an elevated passenger deck located over a baggage
compartment.
SEC. 5. BUS SECURITY ASSESSMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall transmit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a preliminary report in accordance with the
requirements of this section.
(b) Contents of Preliminary Report.--The preliminary report shall
include--
(1) an assessment of the over-the-road bus security grant
program;
(2) an assessment of actions already taken to address
identified security issues by both public and private entities
and recommendations on whether additional safety and security
enforcement actions are needed;
(3) an assessment of whether additional legislation is
needed to provide for the security of Americans traveling on
over-the-road buses;
(4) an assessment of the economic impact that security
upgrades of buses and bus facilities may have on the over-the-
road bus transportation industry and its employees;
(5) an assessment of ongoing research and the need for
additional research on over-the-road bus security, including
engine shut-off mechanisms, chemical and biological weapon
detection technology, and the feasibility of
compartmentalization of the driver; and
(6) an assessment of industry best practices to enhance
security.
(c) Consultation With Industry, Labor, and Other Groups.--In
carrying out this section, the Secretary shall consult with over-the-
road bus management and labor representatives, public safety and law
enforcement officials, and the National Academy of Sciences.
SEC. 6. FUNDING.
There is authorized to be appropriated to the Secretary of
Transportation to carry out this Act $99,000,000 for fiscal years 2003
and 2004. Such sums shall remain available until expended. | (This measure has not been amended since it was introduced in the House on February 25, 2003. The summary has been expanded because action occurred on the measure.)Over-the-Road Bus Security and Safety Act of 2003 - (Sec. 2) Directs the Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, to establish a program to make grants to private operators of over-the-road buses for specified system-wide security improvements to their operations, including the reimbursement of extraordinary security-related costs incurred since September 11, 2001.(Sec. 3) Sets forth certain grant requirements, including requiring: (1) an applicant private operator of over-the-road buses to submit to the Secretary a security improvements plan; and (2) an applicant for a grant for security improvements within a terminal owned and operated by an entity other than the applicant to demonstrate to the Secretary that such applicant has coordinated such improvements for the terminal with the entity.(Sec. 5) Requires the Secretary to submit to specified congressional committees a preliminary report that includes an assessment of: (1) the over-the-road bus security grant program; (2) actions already taken to address identified security issues by both public and private entities, together with any recommendations for additional safety and security enforcement actions; (3) the economic impact that security upgrades of buses and bus facilities may have on the over-the-road bus transportation industry and its employees; (4) ongoing research, including engine shut-off mechanisms, chemical and biological weapon detection technology, and the feasibility of compartmentalizing the driver; (5) industry best practices to enhance security; and (6) any need for additional legislation.(Sec. 6) Authorizes appropriations for FY 2003 and 2004. | To direct the Secretary of Transportation to make grants for security improvements to over-the-road bus operations, and for other purposes. |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Waste Isolation
Pilot Plant Land Withdrawal Amendment Act''.
(b) Reference.--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 Waste
Isolation Pilot Plant Land Withdrawal Act (Public Law 102-579).
SEC. 2. DEFINITIONS.
Section 2 is amended by striking paragraphs (11), (13), (18) and
(19).
SEC. 3. ACQUISITION OF EXISTING OIL AND GAS LEASES.
Section 4(b)(5)(B) is amended by striking ``the Administrator
determines, after consultation with the Secretary and the Secretary of
the Interior, that the acquisition of such leases by the Secretary is
required to comply with the final disposal regulations or with the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)'' and inserting ``the
Secretary determined that acquisition of such leases are necessary for
the long-term protection of the WIPP''.
SEC. 4. TEST PHASE AND RETRIEVAL PLANS.
Section 5 is repealed.
SEC. 5. TEST PHASE ACTIVITIES.
Section 6 is amended--
(1) by striking subsections (a) and (b),
(2) in subsection (c) by striking ``(c) Limitations.--''
and all that follows through ``(B) Study.--'', and
redesignating subparagraphs (i), (ii), and (iii) as subsections
(a), (b), and (c) respectively, and
(3) by striking subsection (d).
SEC. 6. NON-DEFENSE WASTE.
Section 7(a) is amended by redesignating paragraph (3) as paragraph
(4) and by inserting after paragraph (2) the following:
``(3) Non-defense waste.--Within the capacity prescribed by
paragraph (4) and subject to other applicable restrictions,
WIPP may receive transuranic waste from the Secretary which did
not result from a defense activity but that is under the
control of the Secretary on the date of enactment of this
Act.''.
SEC. 7. REQUIREMENTS FOR COMMENCEMENT OF DISPOSAL OPERATIONS.
Section 7(b) is amended--
(1) by striking ``Requirements'' and inserting
``Requirement'',
(2) by striking ``The Secretary'' and all that follows and
inserting: ``The Secretary may begin the disposal phase after
the completion of the Administrator's review and certification
under section 8(d) that DOE's application reasonably addresses
the final disposal standards.''.
SEC. 8. SURVEY AND RECOMMENDATIONS REGARDING DISPOSAL.
At the end of section 7, insert the following new subsections:
``(c) Recommendations Regarding Disposal.--Within 3 years of
enactment of this Act, the Secretary shall submit to Congress
comprehensive recommendations for the disposal of all transuranic waste
under the control of the Secretary, including a timetable for the
disposal of such waste. The recommendations shall provide for
compliance with all agreements entered into by the Secretary regarding
the disposal of transuranic waste stored at Department of Energy
facilities. If the Secretary has completed other reports or timetables
which contain information required by this subsection, the Secretary
may incorporate the reports into the recommendations by reference.
``(d) Survey.--Within 3 years of enactment of this Act, the
Secretary shall complete, with notice and an opportunity for public
comment, a survey identifying all transuranic waste types at all sites
from which wastes are to be shipped to WIPP, and--
``(1) the results of such survey shall be made available to
the public and be provided to the Administrator; and
``(2) such survey shall not be subject to rulemaking or
judicial review. If the Secretary has completed other reports
or timetables which contain information required by this
subsection, the Secretary may incorporate the reports into the
recommendations by reference.''.
SEC. 9. CERTIFICATION.
(a) Section 8(c) is amended to read as follows:
``(c) Criteria for Certification of Compliance With Disposal
Regulations.--The Administrator, in reviewing the Secretary's
application submitted under subparagraph (A) shall limit such review to
consideration of the Secretary's methods used in compiling information
for the application. The Administrator shall disapprove the application
only if the Administrator finds through a preponderance of the evidence
in the record that the Secretary has failed to adequately address long-
term environmental and human-health related risks. The Administrator
shall not conduct an independent evaluation of the Secretary's analyses
used to evaluate long-term disposal system performance. The
Administrator's review of the application shall be limited to the
following criteria for certification of compliance with the final
disposal regulations:
``(1) Completeness of the application.--Whether or not the
Secretary's application addresses the topics mandated by the
final disposal standards and listed in the certification
criteria.
``(2) Reasonableness of the application.--If the
Secretary's application provides a reasonable, scientifically
sound approach to determining compliance with the final
disposal standards.
``(3) Quality of the application.--If the Secretary has
provided in the application objective evidence of quality. The
Administrator shall determine that the Secretary prepared the
application using a recognized national nuclear quality
standard.
``(4) Result of the application.--The Administrator shall
determine if the bounding assumptions made by the Secretary in
assessing long-term performance of the WIPP disposal system are
reasonable and that any conditions imposed are technically
feasible.''.
(b) Section 8(d) is amended by striking ``Disposal Regulations.--''
and inserting ``Certification.--''.
(c) Section 8(d)(1) is amended--
(1) in subparagraph (A) by striking ``Within 7 years of the
date of the first receipt of transuranic waste at WIPP, the''
and inserting ``The'',
(2) by amending subparagraph (B) to read as follows:
``(B) Certification by administrator.--Within 6
months of receipt of the application under subparagraph
(A) the Administrator shall review the application for
compliance with the final disposal regulations. The
application shall be deemed certified 6 months after
receipt of the application by the Administrator unless
the Administrator disapproves the application according
to the criteria set forth in subsection (c). The
Administrator shall issue any such disapproval by rule
pursuant to section 553 of title 5, United States Code,
and sections 556 and 557 of such title shall not
apply.'', and
(3) by striking subparagraph (D).
(d) Section 8(d)(2) is amended to read as follows:
``(2) Incremental submission of application for
compliance.--Within 30 days after the passage of this bill, the
Secretary shall provide to Congress a schedule for the
incremental submission of the final version of chapters of the
application to the Administrator. The Secretary shall notify
Congress of the submission of such chapters. The Administrator
shall review the submitted chapters according to the criteria
in subsection (c) and provide requests for additional
information for the Secretary only if the administrator makes a
prima facie showing that the information is needed to avoid a
rejection of the application under the criteria. The
Administrator shall provide comments within 45 days of receipt
of each chapter, and the Administrator shall notify Congress
when comments are provided to the Secretary under this
subparagraph. The Administrator shall be prohibited from
rejecting the final application submitted under paragraph
(1)(A) upon grounds that the Administrator did not raise under
this section if the Administrator knew or could have reasonably
anticipated the grounds for the rejection. The comments or
failure to comment of the Administrator under this subparagraph
shall not be a final agency action for purposes of the
Administrative procedures Act.''.
(e) Section 8(d)(3) is repealed.
SEC. 10. ENGINEERED BARRIERS.
Section 8(g) is amended to read as follows:
``(g) Engineered and Natural Barriers, etc.--The Secretary shall
determine whether or not engineered barriers, or both, will be required
at WIPP to comply with regulations published as part 191 of 40
C.F.R.''.
SEC. 11. COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS.
Section 9 is amended--
(1) in subsection (a)(1)(C) by inserting after ``et seq.)''
the following: ``, except that the Secretary shall not be
required to comply with the requirements of 42 U.S.C.
6924(d)'',
(2) in subsection (a) by striking ``In General.--(1)'' and
renumbering subparagraphs (A) through (H) as paragraphs (1)
through (8) respectively,
(3) in subsection (a) by striking paragraphs (2)(3),
(4) by striking subsections (b), and (c), and
(5) by redesignating subsection (d) as subsection (b) and
inserting after ``7401 et seq.)'' the following: ``, except
that the Secretary shall not be required to comply with the
requirements of 42 U.S.C. 6924(d).''.
SEC. 12. RETRIEVABILITY.
Section 10 is amended to read as follows:
``SEC. 10. DISPOSAL OF TRANSURANIC WASTE.
``It is the intent of Congress that, after the completion of the
administrator's review and certification under section 8(d), the
Secretary will begin the disposal phase no later than June 30, 1997.''.
SEC. 13. DECOMMISSIONING OF WIPP.
Section 13 is amended--
(1) by repealing subsection (a), and
(2) in subsection (b), by striking ``(b) Management Plan
for the Withdrawal After Decommissioning.--Within 5 years after
the date of the enactment of this Act, the'' and inserting
``The''.
SEC. 14. SAVINGS PROVISIONS.
Section 14 is amended in subsection (b)(2) by striking ``including
all terms and conditions of the No-Migration Determination'' and
inserting ``except that the Administrator and the State shall not
enforce, and the Secretary shall not be obligated to comply with, the
requirements of 42 U.S.C. 6924(d)''.
SEC. 15. ECONOMIC ASSISTANCE AND MISCELLANEOUS PAYMENTS.
Section 15(a) is amended--
(1) by striking ``to the Secretary for payments to the
State $20,000,000 for each of the 15 fiscal years beginning
with the fiscal year in which the transport of transuranic
waste to WIPP is initiated'' and inserting ``to the State
$20,000,000 for each of the 15 fiscal years beginning with the
date of the enactment of the Waste Isolation Pilot Plant Land
Withdrawal Amendment Act'', and
(2) by adding at the end the following: ``An appropriation
to the State shall be in addition to any appropriation for
WIPP.''. | Waste Isolation Pilot Plant Land Withdrawal Amendment Act - Amends the Waste Isolation Pilot Plant Land Withdrawal Act to repeal definitions relating to: (1) no-migration determination; (2) retrieval; and (3) test-phase and test-phase activities.
(Sec. 3) Declares that existing rights under specified oil and gas leases shall not be affected unless the Secretary of Energy determines that acquisition of such leases is necessary for the long-term protection of the Waste Isolation Pilot Plant (WIPP) (currently, unless lease acquisition is required to comply with final disposal regulations or with the Solid Waste Disposal Act).
(Sec. 4) Repeals the mandate for test phase and retrieval plans, and the attendant performance assessment report.
(Sec. 6) Authorizes the WIPP to receive from the Secretary transuranic waste which did not result from a defense activity but that is under the Secretary's control on the date of enactment of this Act.
(Sec. 7) Revises the requirements for commencement of disposal operations to authorize the Secretary to begin the disposal phase after review and certification by the Administrator of the Environmental Protection Agency (the Administrator) that Department of Energy's (DOE) application reasonably addresses final disposal standards.
(Sec. 8) Directs the Secretary to submit transuranic waste disposal recommendations and surveys to the Congress.
(Sec. 9) Prescribes criteria under which the Administrator shall certify compliance with disposal regulations. States that the Administrator shall disapprove DOE's application only upon finding that the preponderance of evidence shows that the Secretary has failed to adequately address long-term environmental and human-health related risks. Precludes the Administrator from conducting an independent evaluation of the analyses used to evaluate long-term disposal system performance.
(Sec. 10) Instructs the Secretary to determine whether or not engineered barriers, or both (sic), will be required to comply with specified Federal regulations. (Current law requires the use of both engineered and natural barriers.)
(Sec. 11) Exempts the Secretary from complying with certain Solid Waste Disposal Act proscriptions against land disposal of specified wastes. Repeals the mandate for: (1) periodic oversight and compliance determination by the Administrator and the State of New Mexico (the State); and (2) determination of noncompliance during disposal and decommissioning phases.
(Sec. 12) Repeals retrievability requirements. Declares that it is the intent of the Congress that after completion of the Administrator's review and certification under this Act, the Secretary will begin the disposal phase by June 30, 1997.
(Sec. 13) Repeals the mandate for: (1) a WIPP decommissioning plan; and (2) the deadline for the Secretary to develop a management plan for the Withdrawal.
(Sec. 15) Revises authorization of appropriations guidelines to authorize payments directly to the State instead of to the Secretary for subsequent payments to the State. | Waste Isolation Pilot Plant Land Withdrawal Amendment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Fuel Pipelines Act of
2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Creating the appropriate infrastructure to move
renewable fuels is a necessary energy and transportation
objective for the United States.
(2) Currently more than 70 percent of the gasoline supply
of the United States is delivered to local terminals through
pipelines.
(3) Pipelines are the most cost-effective, efficient, and
safe transportation mode in use today to deliver large volumes
of liquid fuels.
(4) Renewable fuels are currently transported by truck,
barge, and rail, and the volume requirements of the Energy
Independence and Security Act of 2007 may overwhelm the
renewable fuels infrastructure.
(5) The transportation of renewable fuels through a
pipeline will facilitate the meeting of the volume requirements
of the Energy Independence and Security Act of 2007.
(6) The production and use of renewable fuels is supported
by Federal policy and a corresponding Federal policy is
necessary to support the construction of an appropriate
infrastructure to transport such fuels.
SEC. 3. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL
PIPELINES.
(a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42
U.S.C. 16511) is amended by adding at the end the following:
``(6) Renewable fuel.--The term `renewable fuel' has the
meaning given the term in section 211(o)(1) of the Clean Air
Act (42 U.S.C. 7545(o)(1)), as in effect on January 1, 2009,
except that the term shall include all ethanol and biodiesel.
``(7) Renewable fuel pipeline.--The term `renewable fuel
pipeline' means a common carrier pipeline for transporting
renewable fuel.''.
(b) Specific Appropriation or Contribution.--Section 1702(b) of the
Energy Policy Act of 2005 (42 U.S.C. 16512(b)) is amended by striking
``No'' and inserting ``Except with respect to a project described in
section 1703(f), no''.
(c) Amount.--Section 1702(c) of the Energy Policy Act of 2005 (42
U.S.C. 16512(c)) is amended--
(1) by striking ``(c) Amount.--Unless'' and inserting the
following:
``(c) Amount.--
``(1) In general.--Unless''; and
(2) by adding at the end the following:
``(2) Renewable fuel pipelines.--With respect to a project
described in section 1703(f)--
``(A) a guarantee by the Secretary shall not exceed
an amount equal to 90 percent of the project cost of
the renewable fuel pipeline that is the subject of the
guarantee, as estimated at the time at which the
guarantee is issued; and
``(B) the Secretary may make more than one
guarantee for such project, to the extent that the sum
of all guarantees for such project does not exceed an
amount equal to 90 percent of the project cost of the
renewable fuel pipeline that is the subject of such
guarantees, as estimated any time after the original
guarantee is issued.''.
(d) Eligible Projects.--Section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513) is amended by adding at the end the following:
``(f) Renewable Fuel Pipelines.--
``(1) In general.--The Secretary may make guarantees under
this title for projects to construct renewable fuel pipelines
without regard to any limitation imposed by this section other
than one imposed in this subsection.
``(2) Guarantee determinations.--In determining whether to
make a guarantee for a project described in paragraph (1), the
Secretary shall consider the following:
``(A) The volume of renewable fuel to be moved by
the renewable fuel pipeline.
``(B) The size of the markets to be served by the
renewable fuel pipeline.
``(C) The existence of sufficient storage to
facilitate access to the markets to be served by the
renewable fuel pipeline.
``(D) The proximity of the renewable fuel pipeline
to renewable fuel production facilities.
``(E) The investment in terminal infrastructure of
the entity carrying out the proposed project to
construct a renewable fuel pipeline.
``(F) The history and experience working with
renewable fuel of the entity carrying out the proposed
project to construct a renewable fuel pipeline.
``(G) The ability of the entity carrying out the
proposed project to construct a renewable fuel pipeline
to ensure and maintain the quality of the renewable
fuel through the terminal system of the entity and
through the dedicated pipeline system.
``(H) The ability of the entity carrying out the
proposed project to construct a renewable fuel pipeline
to complete such proposed project in a timely manner.
``(I) The ability of the entity carrying out the
proposed project to construct a renewable fuel pipeline
to secure property rights-of-way.
``(J) Other criteria the Secretary determines
appropriate for consideration.''.
(e) Authorization of Appropriations.--Section 1704 of the Energy
Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end
the following:
``(c) Sense of Congress.--It is the sense of Congress that there
should be appropriated such sums as may be necessary to provide
$4,000,000,000 in guarantees under this title for projects described in
section 1703(f).''.
SEC. 4. FINAL RULE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Energy shall publish in the Federal Register a final
rule for carrying out a guarantee program for the construction of
renewable fuel pipelines under title XVII of the Energy Policy Act of
2005 in accordance with the amendments made by this Act or shall modify
rules and regulations currently applicable to the guarantee program
under such title in accordance with the amendments made by this Act. | Renewable Fuel Pipelines Act of 2008 - Amends the Energy Policy Act of 2005 to allow federally-guaranteed loans for renewable fuel pipeline construction without regard to whether an appropriation for the cost has been made. Includes ethanol and biodiesel as renewable fuel.
Allows a maximum guarantee by the Secretary of Energy of 90% of the project cost and more than one guarantee for a project (as long as the total guaranteed amount does not exceed 90%).
Sets forth factors to be considered in guarantee determinations, including volume and quality of fuel, size of markets served, experience of the entity working with renewable fuel, and associated storage, production, and terminal facilities.
Expresses the sense of Congress concerning appropriations for such guarantees.
Directs the Secretary to publish a final rule for carrying out the loan guarantee program (or modify existing applicable rules and regulations in accordance with this Act). | To amend the Energy Policy Act of 2005 to provide loan guarantees for projects to construct renewable fuel pipelines, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reciprocal Access to Tibet Act of
2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Government of the People's Republic of China does
not grant United States officials, journalists, and other
citizens access to China on a basis that is reciprocal to the
access that the Government of the United States grants Chinese
officials, journalists, and citizens.
(2) The Government of China imposes greater restrictions on
travel to Tibetan areas than to other areas of China.
(3) Officials of China have stated that Tibet is open to
foreign visitors.
(4) The Government of China is promoting tourism in Tibetan
areas, and at the Sixth Tibet Work Forum in August 2015,
Premier Li Keqiang called for Tibet to build ``major world
tourism destinations''.
(5) The Government of China requires foreigners to obtain
permission from the Tibet Foreign and Overseas Affairs Office
or from the Tibet Tourism Bureau to enter the Tibet Autonomous
Region, a restriction that is not imposed on travel to any
other provincial-level jurisdiction in China.
(6) The Department of State reports that--
(A) officials of the Government of the United
States submitted 39 requests for diplomatic access to
the Tibet Autonomous Region between May 2011 and July
2015, but only four were granted; and
(B) when such requests are granted, diplomatic
personnel are closely supervised and given few
opportunities to meet local residents not approved by
authorities.
(7) The Government of China delayed United States consular
access for more than 48 hours after an October 28, 2013, bus
crash in the Tibet Autonomous Region, in which three citizens
of the United States died and more than a dozen others, all
from Walnut, California, were injured, undermining the ability
of the Government of the United States to provide consular
services to the victims and their families, and failing to meet
China's obligations under the Convention on Consular Relations,
done at Vienna April 24, 1963 (21 UST 77).
(8) Following a 2015 earthquake that trapped dozens of
citizens of the United States in the Tibet Autonomous Region,
the United States Consulate General in Chengdu faced
significant challenges in providing emergency consular
assistance due to a lack of consular access.
(9) The Country Reports on Human Rights Practices for 2015
of the Department of State stated ``With the exception of a few
highly controlled trips, the Chinese government also denied
multiple requests by foreign diplomats for permission to visit
the TAR.''.
(10) Tibetan-Americans, attempting to visit their homeland,
report having to undergo a discriminatory visa application
process, different from what is typically required, at the
Chinese embassy and consulates in the United States, and often
find their requests to travel denied.
(11) The Country Reports on Human Rights Practices for 2016
of the Department of State stated ``The few visits to the TAR
by diplomats and journalists that were allowed were tightly
controlled by local authorities.''.
(12) A September 2016 article in the Washington Post
reported that ``The Tibet Autonomous Region . . . is harder to
visit as a journalist than North Korea.''.
(13) The Government of China has failed to respond
positively to requests from the Government of the United States
to open a consulate in Lhasa, Tibet Autonomous Region.
(14) The Foreign Correspondents Club of China reports
that--
(A) 2008 rules prevent foreign reporters from
visiting the Tibet Autonomous Region without prior
permission from the Government of such Region;
(B) such permission has only rarely been granted;
and
(C) although the 2008 rules allow journalists to
travel freely in other parts of China, Tibetan areas
outside such Region remain ``effectively off-limits to
foreign reporters''.
(15) The Department of State reports that in addition to
having to obtain permission to enter the Tibet Autonomous
Region, foreign tourists--
(A) must be accompanied at all times by a
government-designated tour guide;
(B) are rarely granted permission to enter the
region by road;
(C) are largely barred from visiting around the
March anniversary of a 1959 Tibetan uprising; and
(D) are banned from visiting the area where Larung
Gar, the world's largest center for the study of
Tibetan Buddhism, and the site of a large-scale
campaign to expel students and demolish living
quarters, is located.
(16) Foreign visitors also face restrictions in their
ability to travel freely in Tibetan areas outside the Tibet
Autonomous Region.
(17) The Government of the United States generally allows
journalists and other citizens of China to travel freely within
the United States. The Government of the United States requires
diplomats from China to notify the Department of State of their
travel plans, and in certain situations, the Government of the
United States requires such diplomats to obtain approval from
the Department of State before travel. However, where approval
is required, it is almost always granted expeditiously.
(18) The United States regularly grants visas to Chinese
officials, scholars, and others who travel to the United States
to discuss, promote, and display the perspective of the
Government of China on the situation in Tibetan areas, even as
the Government of China restricts the ability of citizens of
the United States to travel to Tibetan areas to gain their own
perspective.
(19) Chinese diplomats based in the United States generally
avail themselves of the freedom to travel to United States
cities and lobby city councils, mayors, and governors to
refrain from passing resolutions, issuing proclamations, or
making statements of concern on Tibet.
(20) The Government of China characterizes statements made
by officials of the United States about the situation in
Tibetan areas as inappropriate interference in the internal
affairs of China.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of
Representatives.
(2) Senior leadership positions.--The term ``senior
leadership positions'' means--
(A) at the national level, the Chairperson of the
National Committee of the Chinese People's Political
Consultative Conference and the Head and Deputy Heads
of the Communist Party Central Committee's United Front
Work Department;
(B) at the sub-national level--
(i) members of the Communist Party Standing
Committee of the Tibet Autonomous Region;
(ii) the Director of the Tibet Autonomous
Region Tourism Bureau;
(iii) the heads of United Front Work
Departments of Sichuan, Qinghai, Gansu, and
Yunnan Provinces; and
(iv) members of the Communist Party
Standing Committees of the areas listed under
paragraph (3)(B); and
(C) any other individual determined by the
Secretary of State to be personally and substantially
involved in the formulation or execution of policies
related to access for foreigners to Tibetan areas.
(3) Tibetan areas.--The term ``Tibetan areas'' includes--
(A) the Tibet Autonomous Region; and
(B) the areas that the Chinese Government
designates as Tibetan Autonomous, as follows:
(i) Kanlho (Gannan) Tibetan Autonomous
Prefecture, and Pari (Tianzhu) Tibetan
Autonomous County located in Gansu Province.
(ii) Golog (Guoluo) Tibetan Autonomous
Prefecture, Malho (Huangnan) Tibetan Autonomous
Prefecture, Tsojang (Haibei) Tibetan Autonomous
Prefecture, Tsolho (Hainan) Tibetan Autonomous
Prefecture, Tsonub (Haixi) Mongolian and
Tibetan Autonomous Prefecture, and Yulshul
(Yushu) Tibetan Autonomous Prefecture, located
in Qinghai Province.
(iii) Garze (Ganzi) Tibetan Autonomous
Prefecture, Ngawa (Aba) Tibetan and Qiang
Autonomous Prefecture, and Muli (Mili) Tibetan
Autonomous County, located in Sichuan Province.
(iv) Dechen (Diqing) Tibetan Autonomous
Prefecture, located in Yunnan Province.
SEC. 4. ANNUAL REPORT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall submit to the appropriate congressional committees a report that
includes--
(1) an assessment of the level of access Chinese
authorities granted diplomats, journalists, and tourists from
the United States to Tibetan areas, including--
(A) a comparison with the level of access granted
to other areas of China;
(B) a comparison between the levels of access
granted to Tibetan and non-Tibetan areas in relevant
provinces;
(C) a comparison of the level of access in the
reporting year and the previous reporting year; and
(D) a description of the required permits and other
measures that impede the freedom to travel in Tibetan
areas; and
(2) a list of each individual who holds a senior leadership
position.
(b) Public Availability.--The report required under subsection (a)
shall be made available to the public on the website of the Department
of State.
SEC. 5. INADMISSIBILITY OF CERTAIN ALIENS.
(a) Ineligibility for Visas.--No individual who is included on the
most recent list required under section 4(a)(2) may be eligible to
receive a visa to enter the United States or be admitted to the United
States if the Secretary of State determines that--
(1)(A) the requirement for specific official permission for
foreigners to enter the Tibetan Autonomous Region remains in
effect; or
(B) such requirement has been replaced by a regulation that
has a similar effect and requires foreign travelers to gain a
level of permission to enter the Tibet Autonomous Region that
is not required for travel to other provinces in China; and
(2) restrictions on travel by officials, journalists, and
citizens of the United States to areas designated as ``Tibetan
Autonomous'' in the provinces of Sichuan, Qinghai, Yunnan, and
Gansu of China are greater than any restrictions on travel by
such officials and citizens to areas in such provinces that are
not so designated.
(b) Current Visas Revoked.--The Secretary of State shall revoke, in
accordance with section 221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i)), the visa or other documentation to enter or be
present in the United States issued for an alien who would be
ineligible to receive such a visa or documentation under subsection
(a).
(c) Waiver for National Interests.--
(1) In general.--The Secretary of State may waive the
application of subsection (a) or (b) in the case of an alien if
the Secretary determines that such a waiver--
(A) is necessary to permit the United States to
comply with the Agreement Regarding the Headquarters of
the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947 (TIAS
1676), or any other applicable international obligation
of the United States; or
(B) is in the national security interests of the
United States.
(2) Notification.--Upon granting a waiver under paragraph
(1), the Secretary of State shall submit to the appropriate
congressional committees a document detailing the evidence and
justification for the necessity of such waiver, including, if
such waiver is granted pursuant to paragraph (1)(B), how such
waiver relates to the national security interests of the United
States.
SEC. 6. SENSE OF CONGRESS ON VISA POLICY.
(a) Finding.--Congress finds that reciprocity forms the basis of
diplomatic law and the practice of mutual exchanges between countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a country should give equivalent consular access to the
nationals of a foreign country in a manner that is reciprocal
to the consular access granted by such foreign country to
citizens of the country; and
(2) the Secretary of State, when granting diplomats from
China access to parts of the United States, should take into
account the extent to which the Government of China grants
diplomats from the United States access to parts of China,
including the level of access afforded to such diplomats to
Tibetan areas. | Reciprocal Access to Tibet Act of 2017 This bill requires the Department of State to submit an annual, publicly-available report to Congress that includes: (1) a list of individuals holding specified senior Chinese leadership positions at the national and subnational levels; and (2) an assessment of the level of access Chinese authorities granted U.S. diplomats, journalists, and tourists to Tibetan areas in China. Such assessment shall include: a comparison with the level of access granted to other areas of China, a comparison between the levels of access granted to Tibetan and non-Tibetan areas in relevant provinces, a comparison of the level of access in the reporting year and the previous year, and a description of the measures that impede the freedom to travel in Tibetan areas. Listed persons shall be ineligible for a visa to enter or to be present in the United States if specified restrictions on foreign travelers entering Tibetan areas remain in effect, subject to a national interests waiver. Expresses the sense of Congress that the State Department, when granting Chinese diplomats access to parts of the United States, should take into account the extent to which China grants U.S. diplomats access to parts of China, including the Tibetan areas. | Reciprocal Access to Tibet Act of 2017 |