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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Artist-Museum Partnership Act of
2009''.
SEC. 2. 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:
``(8) Special rule for certain contributions of literary,
musical, or artistic compositions.--
``(A) In general.--In the case of a qualified
artistic charitable contribution--
``(i) the amount of such contribution 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 subsection (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. | Artist-Museum Partnership Act of 2009 - Amends the Internal Revenue Code to allow taxpayers who create literary, musical, artistic, or scholarly compositions or similar property a fair market value (determined at the time of contribution) tax deduction for contributions of such properties, the copyrights thereon, or both, to certain tax-exempt organizations, if such properties are properly appraised and are donated no sooner than 18 months after their creation. Limits the amount of such deduction based upon the donor's artistic adjusted gross income, as defined by this Act. | To amend the Internal Revenue Code of 1986 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. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurses for Under-Resourced Schools
Everywhere Act'' or the ``NURSE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The American Academy of Pediatrics emphasizes the
crucial role of school nurses in the seamless provision of
comprehensive health services to children and youth, as well as
in the development of a coordinated school health program.
(2) The school nurse functions as a leader and the
coordinator of the school health services team, facilitating
access to a medical home for each child and supporting academic
achievement.
(3) School nurses promote wellness and disease prevention
to improve health outcomes for our Nation's children. In
addition, school nurses perform early intervention services
such as periodic assessments for vision, hearing, and dental
problems, in an effort to remove barriers to learning.
(4) Recent national data indicates 45 percent of public
schools have a school nurse all day, every day, while another
30 percent of schools have a school nurse who works part time
in one or more schools.
(5) The American Nurses Association has reported that when
there is no registered nurse on the school premises, the
responsibility to administer the necessary medications and
treatments, and appropriate monitoring of the children, falls
on the shoulders of administrators, educators, and staff who
are ill-prepared to perform these tasks.
(6) Statistics from the National Center for Education
Statistics indicate that 15 to 18 percent of the 52,000,000
students who currently spend their day in school have a chronic
health condition.
(7) A recent study indicated that from 2002 to 2008, the
percentage of children in special education with health
impairments, due to chronic or acute health problems, increased
by 60 percent. School nurses use their specialized knowledge,
assessment skills, and judgment to manage children's
increasingly complex medical conditions and chronic health
illnesses.
(8) Among adolescents aged 12 to 19 years old, the
prevalence of prediabetes and diabetes increased from 9 percent
to 23 percent between 1999 and 2008. More than 30 percent of
children aged 2 to 19 years old are obese or overweight
(defined as having a body mass index of greater than the 85th
percentile). In 2008, more than 10,000,000 children in the
United States had asthma. The prevalence of food allergies
among children under the age of 18 increased 19 percent from
1997 to 2007.
(9) According to the American Academy of Pediatrics,
students today face increased social and emotional issues,
which enhance the need for preventive services and
interventions for acute and chronic health issues. School
nurses are actively engaged members of school-based mental
health teams and spend nearly 32 percent of their time
providing mental health services, including universal and
targeted interventions, screenings to identify early warning
signs and provide referrals to medical providers, and crisis
planning.
(10) In 2011, the Bureau of the Census reported 9.7 percent
of children under the age of 19, which equals 7,600,000
children under the age of 19, were without health insurance.
Data shows that uninsured children achieve lower educational
outcomes than those with health coverage. Children who cannot
afford to see a medical provider miss more days of school,
experience increased severity of illness, and suffer from
disparities in health.
(11) More than 1,600,000 children experience homelessness
each year in the United States. Homeless children develop
increased rates of acute and chronic health conditions, and the
stress of their living situation can negatively affect their
development and ability to learn. As a result, schools have
become the primary access to health care for many children and
adolescents. School nurses serve on the front lines as a safety
net for the Nation's most vulnerable children.
(12) Communicable and infectious diseases account for
millions of school days lost each year. Data illustrate that
when students have access to a registered nurse in school,
immunization rates increase.
(13) A 2011 study showed that a school nurse in the
building saves principals, teachers, and clerical staff a
considerable amount of time that they would have spent
addressing health concerns of students, including saving
principals almost an hour a day, saving teachers almost 20
minutes a day, and saving clerical staff more than 45 minutes a
day. This would amount to a savings of about 13 hours per day
in the aggregate for such school personnel.
(14) Determining a balanced student-to-school nurse ratio
by using a formula-based approach, taking into consideration
the overall health acuity of the student body and the workload
of school nurses, offers a reasonable means for achieving
better student outcomes.
SEC. 3. REDUCING STUDENT-TO-SCHOOL NURSE RATIOS.
(a) Definitions.--In this section:
(1) ESEA terms.--The terms ``elementary school'', ``local
educational agency'', ``poverty line'', and ``secondary
school'' have the meanings given to the terms in section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(2) Acuity.--The term ``acuity'', when used with respect to
a level, means the level of a patient's sickness, such as a
chronic condition, which influences the need for nursing care.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency in which the
student-to-school nurse ratio in each public elementary
and secondary school served by the agency is 750 or
more students to 1 school nurse; or
(B) a consortium of local educational agencies
described in subparagraph (A).
(4) High-need local educational agency.--The term ``high-
need local educational agency'' means a local educational
agency described in paragraph (3)(A)--
(A) that serves not fewer than 10,000 children from
families with incomes below the poverty line; or
(B) for which not less than 20 percent of the
children served by the agency are from families with
incomes below the poverty line.
(5) Nurse.--The term ``nurse'' means a licensed nurse, as
defined under State law.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(7) Workload.--The term ``workload'', when used with
respect to a nurse, means the amount of time the nurse takes to
provide care and complete the other tasks for which the nurse
is responsible.
(b) Demonstration Grant Program Authorized.--From amounts
appropriated to carry out this section, the Secretary of Education, in
consultation with the Secretary of Health and Human Services and the
Director of the Centers for Disease Control and Prevention, shall award
demonstration grants, on a competitive basis, to eligible entities to
pay the Federal share of the costs of reducing the student-to-school
nurse ratios in the public elementary schools and secondary schools
served by the eligible entity, which may include hiring a school nurse
to serve schools in multiple school districts.
(c) Applications.--
(1) In general.--An eligible entity desiring a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(2) Contents.--Each application submitted under paragraph
(1) shall include information with respect to the current (as
of the date of application) student-to-school nurse ratio,
student health acuity levels, and workload of school nurses in
each of the public elementary schools and secondary schools
served by the eligible entity.
(d) Priority.--In awarding grants under this section, the Secretary
shall give priority to each application submitted by an eligible entity
that--
(1) is a high-need local educational agency or a consortium
composed of high-need local educational agencies; and
(2) demonstrates--
(A) the greatest need for new or additional nursing
services among students in the public elementary
schools and secondary schools served by the agency or
consortium; or
(B) that the eligible entity does not have a school
nurse in any of the public elementary schools and
secondary schools served by the eligible entity.
(e) Federal Share; Non-Federal Share.--
(1) Federal share.--The Federal share of a grant under this
section--
(A) shall not exceed 75 percent for each year of
the grant; and
(B) in the case of a multi-year grant, shall
decrease for each succeeding year of the grant, in
order to ensure the continuity of the increased hiring
level of school nurses using State or local sources of
funding following the conclusion of the grant.
(2) Non-federal share.--The non-Federal share of a grant
under this section may be in cash or in-kind, and may be
provided from State resources, local resources, contributions
from private organizations, or a combination thereof.
(3) Waiver.--The Secretary may waive or reduce the non-
Federal share of an eligible entity receiving a grant under
this section if the eligible entity demonstrates an economic
hardship.
(f) Report.--Not later than 2 years after the date on which a grant
is first made to a local educational agency under this section, the
Secretary shall submit to Congress a report on the results of the
demonstration grant program carried out under this section, including
an evaluation of--
(1) the effectiveness of the program in reducing the
student-to-school nurse ratios described in subsection (b)(1);
and
(2) the impact of any resulting enhanced health of students
on learning, such as academic achievement, attendance, and
classroom time.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2015 through 2019. | Nurses for Under-Resourced Schools Everywhere Act or the NURSE Act - Authorizes the Secretary of Education to make competitive matching demonstration grants to local educational agencies (LEAs) in which the student-to-school nurse ratio in each of their public elementary and secondary schools is 750 or more students to every school nurse to pay a specified federal share of the cost of reducing such ratio. Gives grant priority to high-need LEAs that demonstrate: (1) the greatest need for new or additional nursing services for their students, or (2) that they do not have a school nurse in any of their schools. Defines a "high-need LEA" as an LEA for which not fewer than 10,000 or not less than 20% of the children served are from families with incomes below the poverty line. | NURSE Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Orphan Highway Restoration Act''.
SEC. 2. NATIONAL ORPHAN HIGHWAYS PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 167. National orphan highways program
``(a) Grants and Technical Assistance.--
``(1) In general.--The Secretary shall make grants and
provide technical assistance to States and units of local
government to--
``(A) perform preventive maintenance on or carry
out projects for resurfacing, restoration,
reconstruction, and rehabilitation of an orphan
highway; and
``(B) rehabilitate, repair, or construct sidewalks,
medians, bike lanes, traffic-calming devices,
signaling, or signs to enhance community livability on
or adjacent to an orphan highway.
``(2) Priority.--In making grants under this section, the
Secretary shall give priority to projects that--
``(A) include rehabilitation measures that focus on
pedestrian safety;
``(B) are coordinated with State and local adopted
preservation or development plans;
``(C) promote cost-effective and strategic
investments in transportation infrastructure facilities
that minimize adverse impacts on the environment;
``(D) promote innovative private sector strategies;
``(E) foster public-private partnerships;
``(F) include a higher percentage of State or
locally matched funds;
``(G) have zoning designations that support more
intensive, mixed-use development along part or all of
the route; or
``(H) upon completion, will result in the transfer
of ongoing management and administrative
responsibilities from the State to the local
jurisdiction.
``(3) Distribution of funds.--The Secretary shall allocate
funds made available for this section for fiscal years 2010
through 2015 among the grant recipients, using the latest
available census data, as follows:
``(A) Not less than 20 percent of the funds shall
used for making grants to units of local government
with a population between 50,000 and 250,000 residents.
``(B) Not less than 50 percent of the funds shall
be used for making grants to units of local government
with a population of less than 50,000.
``(b) Savings Clause.--The Secretary shall not withhold any grant
or impose any requirement on a grant recipient as a condition of
providing a grant or technical assistance for any orphan highway unless
the requirement is consistent with the authority provided in this
chapter.
``(c) Federal Share.--The Federal share of the cost of carrying out
a project under this section shall be determined in accordance with
section 120, except that, in the case of an orphan highway that
provides access to or within Federal or Indian land, the head of a
Federal land management agency may use funds authorized for such agency
for the non-Federal share.
``(d) Administrative Oversight.--A grant recipient may use not more
than 2 percent of funds received under this section for administrative
costs.
``(e) Definitions.--In this section, the following definitions
apply:
``(1) Orphan highway.--The term `orphan highway' means a
highway that--
``(A) is or was formerly a United States numbered
highway;
``(B) is located within the boundaries of a unit of
local government;
``(C) is no longer a principal route for traffic
passing through the State after construction of a
bypass or Interstate System route;
``(D) currently functions as a county, parish, or
city arterial or collector route, or provides access to
or within Federal or tribal lands; and
``(E) because of decreased importance to statewide
transportation, has received only routine maintenance
but needs significant resurfacing, restoration,
reconstruction, or rehabilitation.
``(2) Unit of local government.--The term `unit of local
government' means--
``(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State;
``(B) any law enforcement district or judicial
enforcement district that--
``(i) is established under applicable State
law; and
``(ii) has the authority to, in a manner
independent of other State entities, establish
a budget and impose taxes;
``(C) an Indian tribe, as that term is defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b); or
``(D) for the purposes of assistance eligibility,
any agency of the government of the District of
Columbia or the Federal Government that performs law
enforcement functions in and for--
``(i) the District of Columbia; or
``(ii) any Trust Territory of the United
States.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $600,000,000 for each of fiscal
years 2010 through 2015.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``167. National orphan highways program.''. | Orphan Highway Restoration Act - Defines "orphan highway" to mean a highway that: (1) formerly was a U.S. numbered highway; (2) no longer is a principal route for traffic passing through a state; and (3) because of decreased importance to statewide transportation, has received only routine maintenance but needs significant restoration.
Directs the Secretary of Transportation to: (1) make grants and provide technical assistance to states and local government units to restore orphan highways; and (2) allocate funds to grant recipients for FY2010-FY2015 based on a calculated formula. | To amend title 23, United States Code, to provide grants and technical assistance to restore orphan highways. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Vehicle Owners Right to Repair
Act of 2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Consumers are entitled to diagnose, service, maintain,
or repair their own motor vehicles if they so choose, or to
choose a service provider to perform these services for their
motor vehicles.
(2) Consumers are entitled to all information about safety
alerts, recalls, and other events relevant to the operation of
their vehicles and to have this information available to their
service providers in order to ensure the fuel efficient and
safe operation of their motor vehicles.
(3) Promoting competition in price and quality for the
diagnosis of problems, service, maintenance, and repair of
motor vehicles will benefit consumers.
(4) Regular diagnosis, service, maintenance, and repair of
motor vehicles, motor vehicle equipment, and motor vehicle
systems such as pollution control, transmission, antilock
brakes, electronic and mechanical systems, heating and air-
conditioning, and steering are essential to improve fuel
economy, protect the environment, and promote the safety of
modern motor vehicles.
(5) Better fuel economy can reduce our dependence on
foreign oil and help protect the environment. Proper
maintenance of a motor vehicle can significantly improve its
gas mileage. Fixing a motor vehicle that is noticeably out of
tune can improve its gas mileage by an average of 4 percent.
Replacing a clogged air filter can improve a motor vehicle's
mileage by as much as 10 percent. Fixing a serious maintenance
problem, such as a faulty oxygen sensor, can improve a motor
vehicle's mileage by as much as 40 percent.
(6) Computers of various kinds increasingly are being used
by manufacturers in motor vehicle equipment and motor vehicle
systems. On-board computer technology controls virtually all of
the vehicle's systems, and only service technicians with the
necessary information can access the computers to perform
diagnosis, service, maintenance, and repair of the vehicle.
(7) Manufacturers have made available to their authorized
dealers and service providers the information, tools, and
replacement equipment necessary to diagnose problems and to
service, maintain, and repair motor vehicles that incorporate
computers in their motor vehicle systems.
(8) Manufacturers have failed to make available, or have
inhibited, restricted, or limited the availability to consumers
and independent service providers of the information, tools,
and replacement equipment necessary to diagnose, service,
maintain, and repair consumers' motor vehicles. A statistically
valid and reliable survey of 10,000 consumers reported that 14
percent were turned away in calendar year 2006 and told to go
to an authorized dealer because the independent car repair shop
``did not have the tools, equipment or information required to
do'' the required service. Of these 14 percent, 62 percent
stated that they were inconvenienced by the turn away. Of these
turned away, 25 percent said that they would not or probably
would not return to the independent garage because of the
inconvenience incurred.
(9) Overall, independent service providers lose an average
of 5.6 percent in productivity per month because of the lack of
information and tools, which translates into an annual revenue
loss of approximately $5.8 billion.
(10) Consumers expressed a clear preference for independent
repair shops for two significant reasons--convenience and
price. By a ratio of 25 to 17, they expressed a preference for
independent repair shops when convenience is the principle
factor, and by a ratio of 13 to 5 when price is the principle
factor choice.
(11) Consumers whose service providers cannot repair their
motor vehicles because neither the consumer nor the service
provider has access to the necessary information and tools lose
both time and money and may have no realistic choice but to
turn to an authorized dealer. Independent service providers
suffer a business loss because they have to turn away consumers
or expend time and effort contacting manufacturers'
representatives to try to obtain the necessary information.
(12) Consumers in the United States have benefited from the
availability of a wide choice of service providers for their
motor vehicles. The American economy has also benefited from
the availability of an aftermarket tools and parts supply that
provides jobs to over 5 million workers in 495,000 businesses,
and generates $200 billion in annual sales.
(13) Vehicle owners in the United States should have the
right--
(A) to all information necessary to allow the
diagnosis, service, maintenance, and repair of their
vehicles;
(B) to have access to information, tools, and
replacement equipment so that they can, if they wish,
diagnose problems themselves and maintain, service, and
repair their own vehicles; and
(C) to the availability at both authorized and
independent service providers of the tools, replacement
equipment, and information necessary to diagnose
problems in vehicles and to service, maintain, and
repair them.
(14) Discriminating between authorized dealers and
independent service providers and restricting the availability
of information, tools and replacement equipment limits who can
diagnose, service, maintain, and repair motor vehicles and what
tools and replacement equipment may be used to repair those
vehicles, limits consumer choice, limits competition, and
impedes the safe and energy-efficient operation of motor
vehicles.
(15) Access for consumers and all service providers of
information, tools, and replacement equipment necessary to the
diagnosis, service, maintenance, and repair of motor vehicles
can be accomplished without infringing manufacturers'
legitimate trade secrets.
(b) Purposes.--The purposes of this Act are the following:
(1) To protect consumers' rights to choose a service
provider for the diagnosis, service, maintenance, and repair of
their motor vehicles;
(2) To promote safety and energy efficiency by requiring
motor vehicle manufacturers to make available to consumers and
their service providers the information, parts and tools
necessary to facilitate regular diagnosis, service,
maintenance, and repair of motor vehicles, motor vehicle
equipment, and motor vehicle systems; and
(3) To promote competition in price and quality for the
diagnosis of problems, and the service, maintenance, and repair
of motor vehicles by giving consumers the widest possible
choice of service providers.
SEC. 3. MANUFACTURER REQUIREMENTS.
(a) Duty To Disclose Information.--The manufacturer of a motor
vehicle sold, leased, or otherwise introduced into commerce in the
United States shall provide to the motor vehicle owner, and to all
service providers on reasonable and non-discriminatory terms, all
information necessary to diagnose, service, maintain, or repair the
motor vehicle, and all information necessary to fully utilize the tools
and motor vehicle equipment (including replacement equipment) needed to
diagnose, service, maintain, and repair the motor vehicle. Such
information shall include--
(1) information about safety alerts, recalls, service
bulletins and the need for adjustments to maintain energy
efficiency;
(2) information necessary to access and integrate
replacement equipment into the motor vehicle; and
(3) all other information of any kind needed or used to
diagnose, service, maintain, repair, activate, certify, or
install any motor vehicle equipment (including replacement
equipment) in a motor vehicle.
(b) Duty To Make Tools Available.--The manufacturer of a motor
vehicle sold, leased, or otherwise introduced into commerce in the
United States shall offer for sale to consumers, and to all service
providers on reasonable and non-discriminatory terms, any tool
necessary to diagnose, service, maintain, or repair a motor vehicle,
and shall provide the information necessary to enable aftermarket tool
companies to manufacture tools with the same functional characteristics
as those tools made available by the manufacturers to authorized
dealers.
(c) Replacement Equipment.--The manufacturer of a motor vehicle
sold, leased, or otherwise introduced into commerce in the United
States shall offer for sale to consumers, and to all service providers
on reasonable and non-discriminatory terms, all equipment necessary to
diagnose, service, maintain, or repair a motor vehicle.
(d) Protection of Trade Secrets.--
(1) A manufacturer may not be required to publicly disclose
information that, if made public, would divulge methods or
processes entitled to protection as trade secrets.
(2) No information may be withheld by a manufacturer on the
ground that it is a trade secret if that information is
provided (directly or indirectly) to authorized dealers or
service providers.
SEC. 4. AUTHORITY OF FEDERAL TRADE COMMISSION.
(a) In General.--For the purpose of enforcing compliance with this
Act, the Federal Trade Commission may utilize all authority conferred
on it by the Federal Trade Commission Act, or otherwise.
(b) A violation of section 3 of this Act constitutes an unfair
method of competition and an unfair or deceptive act or practice within
the meaning of section 5(a)(1) of the Federal Trade Commission Act (15
U.S.C. 45(a)(1)).
(c) Violation of a rule prescribed under section 4(d) of this Act
constitutes violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).
(d) Rulemaking.--The Federal Trade Commission may prescribe rules
to implement this Act.
(e) Cooperation With U.S. Department of Transportation.--The
Federal Trade Commission shall cooperate with the Department of
Transportation to publish technical service bulletins on a Federal
Internet Website.
(f) Limitation.--The Federal Trade Commission may not prescribe
rules that--
(1) interfere with the authority of the Administrator of
the Environmental Protection Agency under section 202(m) of the
Clean Air Act (42 U.S.C. 7521(m)) with regard to motor vehicle
emissions control diagnostics systems; or
(2) conflict with rules prescribed by such Administrator
under such section.
SEC. 5. ACTION BY STATES.
(a) In General.--Whenever an attorney general of any State has
reason to believe that the interests of the residents of that State
have been or are being threatened or adversely affected by a violation
of section 3 of this Act, or by the violation of a rule promulgated by
the Federal Trade Commission to implement this Act, the State, as
parens patriae, may bring a civil action on behalf of its residents to
enjoin such violations, to obtain damages, restitution, or other
compensation on behalf of residents of such State, or to obtain such
further and other relief as the court may deem appropriate.
(b) Notice.--The State shall serve prior written notice of any
civil action under subsection (a) of this section upon the Federal
Trade Commission with a copy of its complaint, except that if it is not
feasible for the State to provide such prior notice, the State shall
serve such notice immediately upon instituting such action. Upon
receiving a notice respecting a civil action, the Federal Trade
Commission shall have the right--
(1) to intervene in such action,
(2) upon so intervening, to be heard on all matters arising
therein, and
(3) to file petitions for appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a) of this section, nothing in this chapter shall prevent
an attorney general from exercising the powers conferred on the
attorney general by the laws of such State to conduct investigations or
to administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence.
(d) Actions by Federal Trade Commission.--Whenever a civil action
has been instituted by or on behalf of the Federal Trade Commission for
violation of any rule prescribed under section 4(d) of this Act, no
State may, during the pendency of such action instituted by or on
behalf of the Federal Trade Commission, institute a civil action under
this Act against any defendant named in the complaint in such action
for violation of any rule as alleged in such complaint.
(e) Actions by Other State Officials.--
(1) Nothing contained in this section shall prohibit an
authorized State official from proceeding in State court on the
basis of an alleged violation of any civil or criminal statute
of such State.
(2) In addition to actions brought by an attorney general
of a State under subsection (a) of this section, such an action
may be brought by officers of such State who are so authorized.
SEC. 6. CONSUMERS' RIGHTS.
A consumer or service provider may bring a civil action to enjoin
any violation of section 3 of this Act or of any rule issued pursuant
to this Act and for damages therefore (including court costs and
reasonable attorney and expert witness fees). Such an action may be
brought in any court of competent jurisdiction.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``commerce'' has the meaning given that term
in section 4 of the Federal Trade Commission Act (15 U.S.C.
44).
(2) The terms ``manufacturer'', ``motor vehicle'', and
``motor vehicle equipment'' have the meanings given those terms
in section 30102(a) of title 49, United States Code.
(3) The term ``motor vehicle owner'' and the term
``consumer'' mean any person who owns, leases, or otherwise has
the legal right to use and possess a motor vehicle, or the
agent of such person.
(4) The term ``service provider''means a person engaged in
the diagnosis, service, maintenance, or repair of motor
vehicles or motor vehicle engines.
(5) The term ``replacement equipment'' has the meaning
given that term in section 30102(b)(1) of title 49, United
States Code.
(6) The term ``model year'' has the meaning given that term
in section 32901(a) of title 49, United States Code.
(7) The term ``dealer'' has the meaning given that term in
section 30102(a) of title 49, United States Code.
(8) The term ``technical service bulletin'' means a
communication sent to a dealer about the diagnosis, service,
maintenance or repair of a motor vehicle or item of motor
vehicle equipment and shall include all communications sent to
the Secretary of Transportation under sections 30166(f) and
30166(m)(3)(A)(ii) of title 49, United States Code. | Motor Vehicle Owners Right to Repair Act of 2007 - Requires the manufacturer of a motor vehicle sold, leased, or otherwise introduced into U.S. commerce to: (1) provide to the vehicle owner and service providers all information necessary to diagnose, service, maintain, or repair the vehicle; (2) offer for sale to consumers and service providers any related tool or equipment; and (3) provide the information necessary to enable aftermarket tool companies to manufacture tools with the same functional characteristics. Exempts trade secrets, so long as the information is not disclosed to authorized dealers or service providers.
Authorizes enforcement of this Act by the Federal Trade Commission (FTC) and civil actions by state attorneys general, consumers, and service providers. | To protect the rights of consumers to diagnose, service, maintain, and repair their motor vehicles, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorism Risk Insurance Extension
Act of 2005''.
SEC. 2. EXTENSION OF TERRORISM RISK INSURANCE PROGRAM.
(a) Program Extension.--Section 108(a) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2336) is amended
by striking ``2005'' and inserting ``2007''.
(b) Mandatory Availability.--Section 103(c) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2327) is
amended--
(1) by striking paragraph (2);
(2) by striking ``AVAILABILITY.--'' and all that follows
through ``each entity'' and inserting ``AVAILABILITY.--During each
Program Year, each entity''; and
(3) by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively, and moving the margins 2 ems to the
left.
SEC. 3. AMENDMENTS TO DEFINED TERMS.
(a) Program Years.--Section 102(11) of the Terrorism Risk Insurance
Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2326) is amended by adding
at the end the following:
``(E) Program year 4.--The term `Program Year 4' means the
period beginning on January 1, 2006 and ending on December 31,
2006.
``(F) Program year 5.--The term `Program Year 5' means the
period beginning on January 1, 2007 and ending on December 31,
2007.''.
(b) Exclusions From Covered Lines.--
(1) In general.--Section 102(12)(B) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2326) is
amended--
(A) in clause (vi), by striking ``or'' at the end;
(B) in clause (vii), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(viii) commercial automobile insurance;
``(ix) burglary and theft insurance;
``(x) surety insurance;
``(xi) professional liability insurance; or
``(xii) farm owners multiple peril insurance.''.
(2) Conforming amendment.--Section 102(12)(A) of the Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2326) is
amended by striking ``surety insurance'' and inserting ``directors
and officers liability insurance''.
(c) Insurer Deductibles.--Section 102(7) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat. 2325) is
amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) by redesignating subparagraph (E) as subparagraph (G);
(3) by inserting after subparagraph (D), the following:
``(E) for Program Year 4, the value of an insurer's direct
earned premiums over the calendar year immediately preceding
Program Year 4, multiplied by 17.5 percent;
``(F) for Program Year 5, the value of an insurer's direct
earned premiums over the calendar year immediately preceding
Program Year 5, multiplied by 20 percent; and''; and
(4) in subparagraph (G), as so redesignated, by striking
``through (D)'' and all that follows through ``Year 3'' and
inserting the following: ``through (F), for the Transition Period
or any Program Year''.
SEC. 4. INSURED LOSS SHARED COMPENSATION.
Section 103(e) of the Terrorism Risk Insurance Act of 2002 (15
U.S.C. 6701 note; 116 Stat. 2328) is amended--
(1) in paragraph (1)--
(A) by inserting ``through Program Year 4'' before ``shall
be equal''; and
(B) by inserting ``, and during Program Year 5 shall be
equal to 85 percent,'' after ``90 percent''; and
(2) in each of paragraphs (2) and (3), by striking ``Program
Year 2 or Program Year 3'' each place that term appears and
inserting ``any of Program Years 2 through 5''.
SEC. 5. AGGREGATE RETENTION AMOUNTS AND RECOUPMENT OF FEDERAL SHARE.
(a) Aggregate Retention Amounts.--Section 103(e)(6) of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat.
2329) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(D) for Program Year 4, the lesser of--
``(i) $25,000,000,000; and
``(ii) the aggregate amount, for all insurers, of
insured losses during such Program Year; and
``(E) for Program Year 5, the lesser of--
``(i) $27,500,000,000; and
``(ii) the aggregate amount, for all insurers, of
insured losses during such Program Year.''.
(b) Recoupment of Federal Share.--Section 103(e)(7) of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note; 116 Stat.
2329) is amended--
(1) in subparagraph (A), by striking ``, (B), and (C)'' and
inserting ``through (E)''; and
(2) in each of subparagraphs (B) and (C), by striking
``subparagraph (A), (B), or (C)'' each place that term appears and
inserting ``any of subparagraphs (A) through (E)''.
SEC. 6. PROGRAM TRIGGER.
Section 103(e)(1) of the Terrorism Risk Insurance Act of 2002 (15
U.S.C. note, 116 Stat. 2328) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C); and
(2) by inserting after subparagraph (A) the following:
``(B) Program trigger.--In the case of a certified act of
terrorism occurring after March 31, 2006, no compensation shall
be paid by the Secretary under subsection (a), unless the
aggregate industry insured losses resulting from such certified
act of terrorism exceed--
``(i) $50,000,000, with respect to such insured losses
occurring in Program Year 4; or
``(ii) $100,000,000, with respect to such insured
losses occurring in Program Year 5.''.
SEC. 7. LITIGATION MANAGEMENT.
Section 107(a) of the Terrorism Risk Insurance Act of 2002 (15
U.S.C. 6701 note; 116 Stat. 2335) is amended by adding at the end the
following:
``(6) Authority of the secretary.--Procedures and requirements
established by the Secretary under section 50.82 of part 50 of
title 31 of the Code of Federal Regulations (as in effect on the
date of issuance of that section in final form) shall apply to any
cause of action described in paragraph (1) of this subsection.''.
SEC. 8. ANALYSIS AND REPORT ON TERRORISM RISK COVERAGE CONDITIONS AND
SOLUTIONS.
Section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C.
6701 note; 116 Stat. 2336) is amended by adding at the end the
following:
``(e) Analysis of Market Conditions for Terrorism Risk Insurance.--
``(1) In general.--The President's Working Group on Financial
Markets, in consultation with the National Association of Insurance
Commissioners, representatives of the insurance industry,
representatives of the securities industry, and representatives of
policy holders, shall perform an analysis regarding the long-term
availability and affordability of insurance for terrorism risk,
including--
``(A) group life coverage; and
``(B) coverage for chemical, nuclear, biological, and
radiological events.
``(2) Report.--Not later than September 30, 2006, the
President's Working Group on Financial Markets shall submit a
report to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the House of
Representatives on its findings pursuant to the analysis conducted
under subsection (a).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate with an amendment to the House passed version on December 16, 2005. The summary of that version is repeated here.)
Terrorism Risk Insurance Extension Act of 2005 - Amends the Terrorism Risk Insurance Act of 2002 to extend the terrorism risk insurance program from 2005 through 2007.
Defines Program Year 5 as ending on December 31, 2007.
Excludes from covered lines of insurance: (1) commercial automobile insurance; (2) burglary and theft insurance; (3) surety insurance; (4) professional liability insurance; and (5) farm owners multiple peril insurance.
Prescribes formulae for insurer deductibles for Program Years 4 and 5.
Sets the federal share of insured loss compensation for Program Year 5 at 85% (Year 4 is currently 90%) of the amount of insured losses exceeding the applicable insurer deductible.
Specifies for Program Years 4 and 5 increasing maximum aggregate retention amounts in the formula for mandatory recoupment of the federal share of insured loss compensation paid.
States that compensation for a certified act of terrorism occurring after March 31, 2006, shall be paid only if the aggregate industry insured losses exceed either: (1) $50 million occurring in Program Year 4; or (2) $100 million occurring in Program Year 5.
States that procedures and requirements for advance approval of settlements established by the Secretary are applicable to any cause of action for damages in connection with a determination by the Secretary that an act of terrorism has occurred.
Directs the President's Working Group on Financial Markets to analyze and report to certain congressional committees on the long-term availability and affordability of insurance for terrorism risk, including: (1) group life coverage; and (2) coverage for chemical, nuclear, biological, and radiological events. | A bill to extend the applicability of the Terrorism Risk Insurance Act of 2002. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Hearing Detection and
Intervention Act of 2017''.
SEC. 2. REAUTHORIZATION OF PROGRAM FOR EARLY DETECTION, DIAGNOSIS, AND
TREATMENT REGARDING DEAF AND HARD-OF-HEARING NEWBORNS, INFANTS, AND
YOUNG CHILDREN.
(a) Section Heading.--The section heading of section 399M of the
Public Health Service Act (42 U.S.C. 280g-1) is amended to read as
follows:
``SEC. 399M. EARLY DETECTION, DIAGNOSIS, AND TREATMENT REGARDING DEAF
AND HARD-OF-HEARING NEWBORNS, INFANTS, AND YOUNG CHILDREN.''.
(b) Statewide Systems.--Section 399M(a) of the Public Health
Service Act (42 U.S.C. 280g-1(a)) is amended--
(1) in the subsection heading, by striking ``Newborn and
Infant'' and inserting ``Newborn, Infant, and Young Child'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``newborn and infant'' and inserting
``newborn, infant, and young child''; and
(B) by striking ``providers,'' and inserting ``providers
(including, as appropriate, education and training of family
members),'';
(3) in paragraph (1)--
(A) in the first sentence--
(i) by striking ``newborns and infants'' and inserting
``newborns, infants, and young children (referred to in
this section as `children')''; and
(ii) by striking ``and medical'' and all that follows
through the period and inserting ``medical, and
communication (or language acquisition) interventions
(including family support), for children identified as deaf
or hard-of-hearing, consistent with the following:'';
(B) in the second sentence--
(i) by striking ``Early'' and inserting the following:
``(A) Early'';
(ii) by striking ``and delivery of'' and inserting ``,
and delivery of,'';
(iii) by striking ``by schools'' and all that follows
through ``programs mandated'' and inserting ``by
organizations such as schools and agencies (including
community, consumer, and family-based agencies), in health
care settings (including medical homes for children), and
in programs mandated''; and
(iv) by striking ``hard of hearing'' and all that
follows through the period and inserting ``hard-of-hearing
children.''; and
(C) by striking the last sentence and inserting the
following:
``(B) Information provided to families should be accurate,
comprehensive, up-to-date, and evidence-based, as appropriate,
to allow families to make important decisions for their
children in a timely manner, including decisions with respect
to the full range of assistive hearing technologies and
communications modalities, as appropriate.
``(C) Programs and systems under this paragraph shall offer
mechanisms that foster family-to-family and deaf and hard-of-
hearing consumer-to-family supports.'';
(4) in paragraph (2), by striking ``To collect'' and all that
follows through the period and inserting ``To continue to provide
technical support to States, through one or more technical resource
centers, to assist in further developing and enhancing State early
hearing detection and intervention programs.''; and
(5) by striking paragraph (3) and inserting the following:
``(3) To identify or develop efficient models (educational and
medical) to ensure that children who are identified as deaf or
hard-of-hearing through screening receive follow-up by qualified
early intervention providers or qualified health care providers
(including those at medical homes for children), and referrals, as
appropriate, including to early intervention services under part C
of the Individuals with Disabilities Education Act. State agencies
shall be encouraged to effectively increase the rate of such
follow-up and referral.''.
(c) Technical Assistance, Data Management, and Applied Research.--
Section 399M(b)(1) of the Public Health Service Act (42 U.S.C. 280g-
1(b)(1)) is amended--
(1) in the first sentence--
(A) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary'';
(B) by striking ``to complement an intramural program and''
and inserting the following: ``or designated entities of
States--
``(i) to develop, maintain, and improve data collection
systems related to newborn, infant, and young child hearing
screening, evaluation (including audiologic, medical, and
language acquisition evaluations), diagnosis, and
intervention services;'';
(C) by striking ``to conduct'' and inserting the following:
``(ii) to conduct''; and
(D) by striking ``newborn'' and all that follows through
the period and inserting the following: ``newborn, infant, and
young child hearing screening, evaluation, and intervention
programs and outcomes;
``(iii) to ensure quality monitoring of hearing
screening, evaluation, and intervention programs and
systems for newborns, infants, and young children; and
``(iv) to support newborn, infant, and young child
hearing screening, evaluation, and intervention programs,
and information systems.'';
(2) in the second sentence--
(A) by striking the matter that precedes subparagraph (A)
and all that follows through subparagraph (C) and inserting the
following:
``(B) Use of awards.--The awards made under subparagraph
(A) may be used--
``(i) to provide technical assistance on data
collection and management, including to coordinate and
develop standardized procedures for data management;
``(ii) to assess and report on the cost and program
effectiveness of newborn, infant, and young child hearing
screening, evaluation, and intervention programs and
systems;
``(iii) to collect data and report on newborn, infant,
and young child hearing screening, evaluation, diagnosis,
and intervention programs and systems for applied research,
program evaluation, and policy improvement;'';
(B) by redesignating subparagraphs (D), (E), and (F) as
clauses (iv), (v), and (vi), respectively, and aligning the
margins of those clauses with the margins of clause (i) of
subparagraph (B) (as inserted by subparagraph (A) of this
paragraph);
(C) in clause (v) (as redesignated by subparagraph (B) of
this paragraph)--
(i) by striking ``newborn and infant'' and inserting
``newborn, infant, and young child''; and
(ii) by striking ``language status'' and inserting
``hearing status''; and
(D) in clause (vi) (as redesignated by subparagraph (B) of
this paragraph)--
(i) by striking ``sharing'' and inserting ``integration
and interoperability''; and
(ii) by striking ``with State-based'' and all that
follows through the period and inserting ``across multiple
sources to increase the flow of information between
clinical care and public health settings, including the
ability of States and territories to exchange and share
data.''.
(d) Coordination and Collaboration.--Section 399M(c) of the Public
Health Service Act (42 U.S.C. 280g-1(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``consult with'' and inserting ``consult
with--'';
(B) by striking ``other Federal'' and inserting the
following:
``(A) other Federal'';
(C) by striking ``State and local agencies, including
those'' and inserting the following:
``(B) State and local agencies, including agencies'';
(D) by striking ``consumer groups of and that serve'' and
inserting the following:
``(C) consumer groups of, and that serve,'';
(E) by striking ``appropriate national'' and inserting the
following:
``(D) appropriate national'';
(F) by striking ``persons who are deaf and'' and inserting
the following:
``(E) individuals who are deaf or'';
(G) by striking ``other qualified'' and inserting the
following:
``(F) other qualified'';
(H) by striking ``newborns, infants, toddlers, children,''
and inserting ``children,'';
(I) by striking ``third-party'' and inserting the
following:
``(G) third-party''; and
(J) by striking ``related commercial'' and inserting the
following:
``(H) related commercial''; and
(2) in paragraph (3)--
(A) by striking ``States to establish newborn and infant''
and inserting the following: ``States--
``(A) to establish newborn, infant, and young child'';
(B) by inserting a semicolon after ``subsection (a)''; and
(C) by striking ``to develop'' and inserting the following:
``(B) to develop''.
(e) Rule of Construction; Religious Accommodation.--Section 399M(d)
of the Public Health Service Act (42 U.S.C. 280g-1(d)) is amended--
(1) by striking ``which'' and inserting ``that'';
(2) by striking ``newborn infants or young''; and
(3) by striking ``parents''' and inserting ``parent's''.
(f) Definitions.--Section 399M(e) of the Public Health Service Act
(42 U.S.C. 280g-1(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``(1)'' and all that follows through ``to
procedures'' and inserting the following:
``(1) The term `audiologic', when used in connection with
evaluation, means procedures--'';
(B) by striking ``to assess'' and inserting the following:
``(A) to assess'';
(C) by striking ``to establish'' and inserting the
following:
``(B) to establish'';
(D) by striking ``auditory disorder;'' and inserting
``auditory disorder,'';
(E) by striking ``to identify'' and inserting the
following:
``(C) to identify'';
(F) by striking ``options.'' and all that follows through
``linkage'' and inserting the following: ``options, including--
``(i) linkage'';
(G) by striking ``appropriate agencies,'' and all that
follows through ``national'' and inserting the following:
``appropriate agencies;
``(ii) medical evaluation;
``(iii) assessment for the full range of assistive
hearing technologies appropriate for newborns, infants, and
young children;
``(iv) audiologic rehabilitation treatment; and
``(v) referral to national''; and
(H) by striking ``parent, and education'' and inserting
``parent, family, and education'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) through (6) as paragraphs
(2) through (5);
(4) in paragraph (2) (as redesignated by paragraph (3) of this
subsection)--
(A) by striking ``refers to providing'' and inserting the
following: ``means--
``(A) providing'';
(B) by striking ``with hearing loss, including nonmedical
services,'' and inserting ``who is deaf or hard-of-hearing,
including nonmedical services;'';
(C) by striking ``ensuring that families of the child are
provided'' and inserting the following:
``(B) ensuring that the family of the child is--
``(i) provided'';
(D) by striking ``language and communication options and
are given'' and inserting the following: ``language acquisition
in oral and visual modalities; and
``(ii) given''; and
(E) by striking ``their child'' and inserting ``the
child'';
(5) in paragraph (3) (as redesignated by paragraph (3) of this
subsection), by striking ``(3)'' and all that follows through
``decision making'' and inserting ``The term `medical evaluation'
means key components performed by a physician including history,
examination, and medical decisionmaking'';
(6) in paragraph (4) (as redesignated by paragraph (3) of this
subsection)--
(A) by striking ``refers to'' and inserting ``means'';
(B) by striking ``and/or surgical'' and inserting ``or
surgical''; and
(C) by striking ``of hearing'' and all that follows through
``disorder'' and inserting ``for hearing loss or other medical
disorders''; and
(7) in paragraph (5) (as redesignated by paragraph (3) of this
subsection)--
(A) by striking ``(5)'' and all that follows through
``refers to'' and inserting ``(5) The term `newborn, infant,
and young child hearing screening' means''; and
(B) by striking ``and infants'' and inserting ``, infants,
and young children under 3 years of age''.
(g) Authorization of Appropriations.--Section 399M(f) of the Public
Health Service Act (42 U.S.C. 280g-1(f)) is amended--
(1) in paragraph (1), by striking ``such sums'' and all that
follows through the period and inserting ``$17,818,000 for fiscal
year 2018, $18,173,800 for fiscal year 2019, $18,628,145 for fiscal
year 2020, $19,056,592 for fiscal year 2021, and $19,522,758 for
fiscal year 2022.''; and
(2) in paragraph (2), by striking ``such sums'' and all that
follows through the period and inserting ``$10,800,000 for fiscal
year 2018, $11,026,800 for fiscal year 2019, $11,302,470 for fiscal
year 2020, $11,562,427 for fiscal year 2021, and $11,851,488 for
fiscal year 2022.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on September 6, 2017. Early Hearing Detection and Intervention Act of 2017 (Sec. 2) This bill amends the Public Health Service Act to revise programs for deaf and hard-of-hearing newborns and infants, including to expand the programs to include young children. The programs are reauthorized through FY2022. Health Resources and Services Administration support for the education and training of personnel and health care providers for such programs is expanded to include education and training of family members. | Early Hearing Detection and Intervention Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arming Pilots Against Terrorism and
Cabin Defense Act of 2002''.
SEC. 2. FEDERAL FLIGHT DECK OFFICER PROGRAM.
(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44921. Federal flight deck officer program
``(a) Establishment.--Not later than 90 days after the date of
enactment of the Arming Pilots Against Terrorism and Cabin Defense Act
of 2002, the Under Secretary of Transportation for Security shall
establish a program to deputize qualified pilots of commercial cargo or
passenger aircraft who volunteer for the program as Federal law
enforcement officers to defend the flight decks of commercial aircraft
of air carriers engaged in air transportation or intrastate air
transportation against acts of criminal violence or air piracy. Such
officers shall be known as `Federal flight deck officers'. The program
shall be administered in connection with the Federal air marshal
program.
``(b) Qualified Pilot.--Under the program described in subsection
(a), a qualified pilot is a pilot of an aircraft engaged in air
transportation or intrastate air transportation who--
``(1) is employed by an air carrier;
``(2) has demonstrated fitness to be a Federal flight deck
officer in accordance with regulations promulgated pursuant to
this title; and
``(3) has been the subject of an employment investigation
(including a criminal history record check) under section
44936(a)(1).
``(c) Training, Supervision, and Equipment.--The Under Secretary of
Transportation for Security shall provide or make arrangements for
training, supervision, and equipment necessary for a qualified pilot to
be a Federal flight deck officer under this section at no expense to
the pilot or the air carrier employing the pilot. The Under Secretary
may approve private training programs which meet the Under Secretary's
specifications and guidelines. Air carriers shall make accommodations
to facilitate the training of their pilots as Federal flight deck
officers and shall facilitate Federal flight deck officers in the
conduct of their duties under this program.
``(d) Deputization.--
``(1) In general.--The Under Secretary of Transportation
for Security shall train and deputize, as a Federal flight deck
officer under this section, any qualified pilot who submits to
the Under Secretary a request to be such an officer.
``(2) Initial deputization.--Not later than 120 days after
the date of enactment of this section, the Under Secretary
shall deputize not fewer than 500 qualified pilots who are
former military or law enforcement personnel as Federal flight
deck officers under this section.
``(3) Full implementation.--Not later than 24 months after
the date of enactment of this section, the Under Secretary
shall deputize any qualified pilot as a Federal flight deck
officer under this section.
``(e) Compensation.--Pilots participating in the program under this
section shall not be eligible for compensation from the Federal
Government for services provided as a Federal flight deck officer.
``(f) Authority To Carry Firearms.--The Under Secretary of
Transportation for Security shall authorize a Federal flight deck
officer under this section to carry a firearm to defend the flight deck
of a commercial passenger or cargo aircraft while engaged in providing
air transportation or intrastate air transportation. No air carrier may
prohibit a Federal flight deck officer from carrying a firearm in
accordance with the provisions of the Arming Pilots Against Terrorism
and Cabin Defense Act of 2002.
``(g) Authority To Use Force.--Notwithstanding section 44903(d), a
Federal flight deck officer may use force (including lethal force)
against an individual in the defense of a commercial aircraft in air
transportation or intrastate air transportation if the officer
reasonably believes that the security of the aircraft is at risk.
``(h) Limitation on Liability.--
``(1) Liability of air carriers.--An air carrier shall not
be liable for damages in any action brought in a Federal or
State court arising out of the air carrier employing a pilot of
an aircraft who is a Federal flight deck officer under this
section or out of the acts or omissions of the pilot in
defending an aircraft of the air carrier against acts of
criminal violence or air piracy.
``(2) Liability of federal flight deck officers.--A Federal
flight deck officer shall not be liable for damages in any
action brought in a Federal or State court arising out of the
acts or omissions of the officer in defending an aircraft
against acts of criminal violence or air piracy unless the
officer is guilty of gross negligence or willful misconduct.
``(3) Employee status of federal flight deck officers.--A
Federal flight deck officer shall be considered an `employee of
the Government while acting within the scope of his office or
employment' with respect to any act or omission of the officer
in defending an aircraft against acts of criminal violence or
air piracy, for purposes of sections 1346(b), 2401(b), and 2671
through 2680 of title 28 United States Code.
``(i) Regulations.--Not later than 90 days after the date of
enactment of this section, the Under Secretary of Transportation for
Security, in consultation with the Firearms Training Unit of the
Federal Bureau of Investigation, shall issue regulations to carry out
this section.
``(j) Pilot Defined.--In this section, the term `pilot' means an
individual who is responsible for the operation of an aircraft, and
includes a co-pilot or other member of the flight deck crew.''.
(b) Conforming Amendments.--
(1) Chapter analysis.--The analysis for such chapter 449 is
amended by inserting after the item relating to section 44920
the following new item:
``44921. Federal flight deck officer program.''.
(2) Employment investigations.--Section 44936(a)(1)(B) is
amended--
(A) by aligning clause (iii) with clause (ii);
(B) by striking ``and'' at the end of clause (iii);
(C) by striking the period at the end of clause
(iv) and inserting ``; and''; and
(D) by adding at the end the following:
``(v) qualified pilots who are deputized as
Federal flight deck officers under section
44921.''.
(3) Flight deck security.--Section 128 of the Aviation and
Transportation Security Act (49 U.S.C. 44903 note) is repealed.
SEC. 3. CABIN SECURITY.
(a) Technical Amendments.--Section 44903, of title 49, United
States Code, is amended--
(1) by redesignating subsection (h) (relating to authority
to arm flight deck crew with less-than-lethal weapons, as added
by section 126(b) of public law 107-71) as subsection (j); and
(2) by redesignating subsection (h) (relating to limitation
on liability for acts to thwart criminal violence or aircraft
piracy, as added by section 144 of public law 107-71) as
subsection (k).
(b) Aviation Crewmember Self-Defense Division.--Section 44918 of
title 49, United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) In General.--
``(1) Requirement for air carriers.--Not later than 60 days
after the date of enactment of the Arming Pilots Against
Terrorism and Cabin Defense Act of 2002, the Under Secretary of
Transportation for Security, shall prescribe detailed
requirements for an air carrier cabin crew training program,
and for the instructors of that program as described in
subsection (b) to prepare crew members for potential threat
conditions. In developing the requirements, the Under Secretary
shall consult with appropriate law enforcement personnel who
have expertise in self-defense training, security experts, and
terrorism experts, and representatives of air carriers and
labor organizations representing individuals employed in
commercial aviation.
``(2) Aviation crewmember self-defense division.--Not later
than 60 days after the date of enactment of the Arming Pilots
Against Terrorism and Cabin Defense Act of 2002, the Under
Secretary of Transportation for Security shall establish an
Aviation Crew Self-Defense Division within the Transportation
Security Administration. The Division shall develop and
administer the implementation of the requirements described in
this section. The Under Secretary shall appoint a Director of
the Aviation Crew Self-Defense Division who shall be the head
of the Division. The Director shall report to the Under
Secretary. In the selection of the Director, the Under
Secretary shall solicit recommendations from law enforcement,
air carriers, and labor organizations representing individuals
employed in commercial aviation. The Director shall have a
background in self-defense training, including military or law
enforcement training with an emphasis in teaching self-defense
and the appropriate use force. Regional training supervisors
shall be under the control of the Director and shall have
appropriate training and experience in teaching self-defense
and the appropriate use of force.'';
(2) by striking subsection (b), and inserting the following
new subsection:
``(b) Program Elements.--
``(1) In general.--The requirements prescribed under
subsection (a) shall include, at a minimum, 28 hours of self-
defense training that incorporates classroom and situational
training that contains the following elements:
``(A) Determination of the seriousness of any
occurrence.
``(B) Crew communication and coordination.
``(C) Appropriate responses to defend oneself,
including a minimum of 16 hours of hands-on training,
with reasonable and effective requirements on time
allotment over a 4 week period, in the following levels
of self-defense:
``(i) awareness, deterrence, and avoidance;
``(ii) verbalization;
``(iii) empty hand control;
``(iv) intermediate weapons and self-
defense techniques; and
``(v) deadly force.
``(D) Use of protective devices assigned to
crewmembers (to the extent such devices are approved by
the Administrator or Under Secretary).
``(E) Psychology of terrorists to cope with
hijacker behavior and passenger responses.
``(F) Live situational simulation joint training
exercises regarding various threat conditions,
including all of the elements required by this section.
``(G) Flight deck procedures or aircraft maneuvers
to defend the aircraft.
``(2) Program elements for instructors.--The requirements
prescribed under subsection (a) shall contain program elements
for instructors that include, at a minimum, the following:
``(A) A certification program for the instructors
who will provide the training described in paragraph
(1).
``(B) A requirement that no training session shall
have fewer than 1 instructor for every 12 students.
``(C) A requirement that air carriers provide
certain instructor information, including names and
qualifications, to the Aviation Crew Member Self-
Defense Division within 30 days after receiving the
requirements described in subsection (a).
``(D) Training course curriculum lesson plans and
performance objectives to be used by instructors.
``(E) Written training bulletins to reinforce
course lessons and provide necessary progressive
updates to instructors.
``(3) Recurrent training.--Each air carrier shall provide
the training under the program every 6 months after the
completion of the initial training.
``(4) Initial training.--Air carriers shall provide the
initial training under the program within 24 months of the date
of enactment of the Arming Pilots Against Terrorism and Cabin
Defense Act of 2002.
``(5) Communication devices.--The requirements described in
subsection (a) shall include a provision mandating that air
carriers provide flight and cabin crew with a discreet, hands-
free, wireless method of communicating with the flight deck.'';
and
(3) by adding at the end the following new subsections:
``(f) Rulemaking Authority.--Notwithstanding subsection (j)
(relating to authority to arm flight deck crew with less than-lethal
weapons) of section 44903, of this title, within 180 days after the
date of enactment of the Arming Pilots Against Terrorism and Cabin
Defense Act of 2002, the Under Secretary of Transportation for
Security, in consultation with persons described in subsection (a)(1),
shall prescribe regulations requiring air carriers to--
``(1) provide adequate training in the proper conduct of a
cabin search and allow adequate duty time to perform such a
search; and
``(2) conduct a preflight security briefing with flight
deck and cabin crew and, when available, Federal air marshals
or other authorized law enforcement officials.
``(g) Limitation on Liability.--
``(1) Air carriers.--An air carrier shall not be liable for
damages in any action brought in a Federal or State court
arising out of the acts or omissions of the air carrier's
training instructors or cabin crew using reasonable and
necessary force in defending an aircraft of the air carrier
against acts of criminal violence or air piracy.
``(2) Training instructors and cabin crew.--An air
carrier's training instructors or cabin crew shall not be
liable for damages in any action brought in a Federal or State
court arising out of an act or omission of a training
instructor or a member of the cabin crew regarding the defense
of an aircraft against acts of criminal violence or air piracy
unless the crew member is guilty of gross negligence or willful
misconduct.''.
(c) Nonlethal Weapons for Flight Attendants.--
(1) Study.--The Under Secretary of Transportation for
Security shall conduct a study to determine whether possession
of a nonlethal weapon by a member of an air carrier's cabin
crew would aid the flight deck crew in combating air piracy and
criminal violence on commercial airlines.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, the Under Secretary of Transportation
for Security shall prepare and submit to Congress a report on
the study conducted under paragraph (1). | Arming Pilots Against Terrorism and Cabin Defense Act of 2002 - Amends federal law to direct the Under Secretary of Transportation for Security to establish a program to: (1) deputize volunteer qualified pilots of commercial cargo or passenger aircraft as Federal flight deck officers; and (2) provide training, supervision, and equipment for such officers.Authorizes flight deck officers to carry firearms and to use force, including lethal force, when they judge the security of an aircraft is at risk. Shields air carriers from liability for damages in Federal or State court arising out of the actions or omissions of a flight deck officer defending a plane from criminal violence or air piracy. Shields flight deck officers from liability except in cases of gross negligence or willful misconduct.Directs the Under Secretary to prescribe requirements for an air carrier cabin crew training program and its instructors. Shields an air carrier liability for actions or omissions of training instructors or cabin crew in defending an aircraft. Shields training instructors and cabin crew from liability except in cases of gross negligence or willful misconduct.Directs the Under Secretary to form an Aviation Crew Self-Defense Division within the Transportation Security Administration to develop and implement the program for training cabin crew members.Directs the Under Secretary of Transportation for Security to study and report to Congress on whether possession of a nonlethal weapon by a member of an air carrier's cabin crew would aid the flight deck crew in combating air piracy and criminal violence on commercial airlines. | A bill to amend title 49, United States Code, to establish a program for Federal flight deck officers, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Government Interstate Waste
Control Act''.
SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following new
section:
``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE.
``(a) Restriction on Receipt of Out-of-State Waste.--(1) Subject to
subsection (f), the owner or operator of a landfill, incinerator, or
other waste disposal facility in a State may not receive for disposal
or incineration any municipal solid waste generated outside the State
unless the owner or operator obtains authorization to receive such
waste from the affected local government. Any such authorization shall
be granted by formal action at a meeting and shall be recorded in
writing in the official record of the meeting. The local government
shall notify the Governor, adjoining local governments, and any
adjoining Indian tribes of any authorization granted under this
subsection. Subject to subsection (c), only 1 authorization per
facility is required under this subsection.
``(2) Prior to formal action with respect to authorization to
receive municipal solid waste generated outside the State, the affected
local government shall require and make readily available to the
Governor, adjoining local governments, any adjoining Indian tribes, and
other interested persons for inspection and copying the following
information from the owner or operator of the facility seeking such
authorization:
``(A) A brief description of the planned facility,
including facility size, ultimate waste capacity, and
anticipated monthly and yearly waste volumes to be handled.
``(B) A map of the facility site indicating location in
relation to the local road system and topography and
hydrological features. This map shall indicate any buffer zones
to be acquired by the owner or operator as well as all facility
units.
``(C) A description of the current environmental
characteristics of the site, including information regarding
ground water resources, and discussion of alterations that may
be necessitated by or occur as a result of the facility.
``(D) A description of appropriate environmental controls
to be utilized on the site, including runon/runoff management,
air pollution control devices, source separation procedures,
methane monitoring and control, landfill covers, liners or
leachate collection systems, and monitoring programs. This
description also shall include a discussion of any waste
residuals generated by the facility, including leachate or ash,
and the planned management of such residuals.
``(E) A description of site access controls to be employed,
roadway improvements to be made by the owner or operator, and
an estimate of the timing and extent of increased local truck
traffic.
``(F) A list of all required Federal, State, and local
permits.
``(G) Estimates of the personnel requirements of the
facility, including information regarding the probable skill
and education levels required for jobs at the facility. This
information should distinguish between employment statistics
for pre- and post-operational levels.
``(H) Such information as is required by State law to be
provided with respect to any violations of environmental laws
or regulations by the owner, the operator, and their
subsidiaries, the disposition of enforcement proceedings taken
with respect to such violations, and corrective action and
rehabilitation measures taken as a result of such proceedings.
``(I) Such information as is required by State law to be
provided with respect to gifts and contributions by the owner
and operator.
``(J) Such information as is required by State law to be
provided by the owner or operator with respect to compliance by
the owner or operator with the State solid waste management
plan in effect pursuant to section 4007.
``(3) Prior to formal action with respect to authorization to
receive municipal solid waste generated outside the State, the affected
local government shall notify the Governor, adjoining local
governments, and any adjoining Indian tribes, and publish notice of the
action in a newspaper of general circulation at least 30 days before
the hearing and again at least 15 days before the hearing, and provide
an opportunity for public comment, including at least 1 public hearing,
in accordance with State law.
``(b) Limitations on Applicability.--
``(1) Landfills in operation.--Subsection (a) does not
apply to an owner or operator of a landfill that--
``(A) on the date of the enactment of this section,
was in compliance with all applicable State laws and
regulations relating to design and location standards,
leachate collection, ground water monitoring, and
financial assurance for closure and post-closure care
and corrective action; and
``(B) during calendar year 1991, accepted, in
accordance with State law as in effect during such
calendar year, documented shipments of municipal solid
waste generated outside the State, or, before the date
of the enactment of this section, entered into a host
agreement or otherwise obtained authorization to accept
such waste from the affected local government.
``(2) Landfills under construction or in planning
process.--(A) Subject to subparagraph (B), subsection (a) does
not apply to a person who--
``(i) is planning to own or operate a landfill; and
``(ii) before the date of the enactment of this
section, entered into a host agreement or otherwise
obtained authorization from the affected local
government to accept at such landfill municipal solid
waste generated outside the county or the State in
which the landfill is located.
``(B) The limitation on applicability contained in
subparagraph (A) shall terminate if the landfill, before or
after construction, fails to meet all State laws and
regulations relating to design and location standards, leachate
collection, ground water monitoring, or financial assurance for
closure and post closure care and corrective action.
``(3) Incinerators and other facilities.--Subsection (a)
does not apply to either of the following:
``(A) An owner or operator of an incinerator or
other waste disposal facility (other than a landfill)
that, during calendar year 1991, accepted documented
shipments of municipal solid waste generated outside
the State or, before the date of the enactment of this
section, entered into a host agreement or otherwise
obtained authorization to accept such waste from the
affected local government.
``(B) A person who is planning to own or operate an
incinerator or other waste disposal facility (other
than a landfill) and who, before the date of the
enactment of this section, entered into a host
agreement or otherwise obtained authorization from the
affected local government to accept municipal solid
waste generated outside the State at such incinerator
or facility.
``(c) Treatment of Expansions of Facilities.--
``(1) In general.--Except as provided in paragraph (2), the
expansion of a landfill, incinerator, or other waste disposal
facility shall be considered, for purposes of subsection (a),
to be a separate facility requiring authorization in order to
accept waste generated outside the State.
``(2) Exception.--A landfill, incinerator, or other waste
disposal facility may be expanded for purposes of receiving
waste generated outside the State without an authorization
under subsection (a) to accept such waste at the expansion only
if--
``(A) with respect to a facility for which the
owner or operator has obtained authorization as
described in subsection (a) or in paragraph (1), (2),
or (3) of subsection (b), at the time the owner or
operator obtained such authorization--
``(i) the owner or operator owned or
possessed an option to purchase the land on
which the expansion of the facility is proposed
to occur; and
``(ii) the area of expansion of the
facility was indicated in documents filed with
the affected local government before obtaining
such authorization; or
``(B) with respect to a facility described in
paragraph (1) or (3) of subsection (b) for which the
owner or operator is not required to obtain
authorization, the owner or operator, during calendar
year 1991, owned or possessed an option to purchase the
land on which the expansion of the facility is proposed
to occur.
``(d) Restriction on Local Government Control by Governor.--In any
case in which an affected local government is considering granting an
authorization to receive municipal solid waste generated outside the
State, and the disposal or incineration of such waste precludes the use
of solid waste management capacity that is identified under the State
plan to be used for disposal or incineration of municipal solid waste
generated within the region (identified under section 4006(a)) in which
the local government is located, the Governor may prohibit the affected
local government from granting the authorization.
``(e) Authority of Governor to Restrict Out-of-State Municipal
Solid Waste.--
``(1)(A) Except as provided in paragraph (5), if requested
in writing by both an affected local government, and an
affected local solid waste planning unit (if such a local solid
waste planning unit exists under State law), a Governor may,
with respect to landfills to which subsection (a) does not
apply (as set forth in paragraphs (1) and (2) of subsection
(b)), limit the amount of out-of-State municipal solid waste
received for disposal at each such landfill in the State to an
amount equal to the amount of out-of-State municipal solid
waste received for disposal at the landfill during calendar
year 1991 or any 12 consecutive months between January 1, 1991,
and June 30, 1992, whichever is less, as determined by the
Governor in submitting information under paragraph (4).
``(B) Prior to submitting a request under this section to
limit the disposal of out-of-State municipal solid waste, the
affected local government and the affected local solid waste
planning unit, if any, shall--
``(i) provide notice and opportunity for public
comment concerning any such proposed request; and
``(ii) following notice and comment, take formal
action upon any such proposed request at a public
meeting.
``(3) In responding to requests by affected local
governments under paragraph (1)(A), the Governor shall respond
in a consistent manner that does not discriminate against any
particular landfill within the State and does not discriminate
against any shipments of out-of-State municipal solid waste on
the basis of State of origin.
``(4)(A) Any Governor who intends to exercise the authority
provided in this subsection shall, within 60 days after the
date of enactment of this section, submit to the Administrator
information documenting the amount of out-of-State municipal
solid waste received for disposal in the Governor's State
during calendar year 1991 and the first six months of calendar
year 1992.
``(B) Upon receipt of such information, the Administrator
shall notify the Governor of each State and the public and
shall provide a comment period of not less than 30 days.
``(C) Not later than 120 days after the date of enactment
of this section, the Administrator shall publish a list of the
amount of out-of-State municipal solid waste that was received
at each landfill to which subsection (a) does not apply (as set
forth in paragraphs (1) and (2) of subsection (b)) for disposal
in the State during calendar year 1991 and the first six months
of calendar year 1992, as determined by the Governor in
submitting information under subparagraph (A).
``(5) A Governor may not exercise the authority granted
under this subsection if such action would be inconsistent with
State law or would result in the violation of or failure to
perform any provision of--
``(i) a written, legally binding contract,
including a host agreement, that was lawfully entered
into by the owner or operator of a landfill and the
affected local government and which authorizes the
landfill to receive municipal solid waste generated
outside the jurisdiction of the affected local
government; or
``(ii) a written, legally binding contract for
disposal at a landfill of municipal solid waste
generated outside the State in which the landfill is
located that was in effect on May 31, 1992.
``(f) Continued Applicability of Section Conditioned on Certain
Landfill Requirements.--Subsections (a) through (e) of this section
shall not apply after January 1, 1997, in a State unless each operating
municipal solid waste landfill in the State--
``(1) meets the design and location standards that are
applicable to landfills constructed on and after October 1993;
or
``(2) is on an enforceable schedule--
``(A) to stop receiving waste by January 1, 2000;
and
``(B) to implement a closure plan.
``(g) Definitions.--As used in this section:
``(1) The term `affected local government', with respect to
a landfill, incinerator, or other waste disposal facility,
means the elected officials of the city, town, borough, county,
or parish in which the facility is located. Within 90 days
after enactment of this section, the Governor of each State
shall designate and publish notice of which entity listed in
the preceding sentence shall serve as the affected local
government for purposes of actions taken under this section
after the date of publication of such notice. No such
designation shall affect host agreements concluded before the
date of publication of such notice. If the Governor fails to
make such designation, the affected local government shall be
the city, town, borough, county, parish, or other public body
created by or pursuant to State law with primary jurisdiction
over the use of the land on which the facility is located or
proposed to be located.
``(2) The term `affected local solid waste planning unit'
means a political subdivision of a State with authority
relating to solid waste management planning in accordance with
state law.
``(3) The term `out-of-State municipal solid waste', with
respect to a State, means municipal solid waste generated
outside of the State.
``(4) The term `municipal solid waste' means solid waste
that is refuse (and refuse-derived fuel) generated by the
general public and from residential, commercial, institutional,
and industrial sources consisting of paper, wood, yard wastes,
food wastes, plastics, leather, rubber, and other combustible
materials and noncombustible materials such as metal, glass,
and rock. The term does not include--
``(A) hazardous waste or waste containing
polychlorinated biphenyls;
``(B) industrial waste;
``(C) medical waste;
``(D) recyclable materials that have been separated
from waste otherwise destined for disposal (either at
the source of the waste or at processing facilities) or
that have been managed separately from waste destined
for disposal; and
``(E) materials and products returned from a
dispenser or distributor to the manufacturer or its
agent for credit, evaluation, and possible reuse.
``(5) The term `host agreement' means a written, legally
binding agreement, lawfully entered into between an owner or
operator of a landfill or incinerator and an affected local
government that authorizes the landfill or incinerator to
receive municipal solid waste generated outside the
jurisdiction of the affected local government.''.
(b) Table of Contents Amendment.--The table of contents of the
Solid Waste Disposal Act is amended by adding at the end of the items
relating to subtitle D the following new item:
``Sec. 4011. Interstate transportation and disposal of municipal solid
waste.''. | Local Government Interstate Waste Control Act - Amends the Solid Waste Disposal Act to prohibit owners or operators of landfills, incinerators, or other waste disposal facilities from receiving municipal solid waste generated outside their State unless they obtain authorization from the affected local government.
Exempts from such prohibition: (1) landfills that, as of this Act's enactment date, complied with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure care and corrective action and, during 1991, accepted municipal solid waste generated outside the State or, before this Act's enactment date, obtained authorization to accept such waste; (2) persons planning to own or operate a landfill, incinerator, or other waste disposal facility who obtained authorization to accept such waste before this Act's enactment; and (3) incinerators that accepted such waste during 1991 or obtained authorization before this Act's enactment.
Considers expansions of landfills, incinerators, or waste disposal facilities to be separate facilities requiring authorization. Exempts owners or operators of such facilities from the requirement to obtain additional authorizations if: (1) at the time they obtained authorization, they possessed an option to purchase the land on which the expansion is proposed to occur; and (2) the area of expansion was indicated in documents filed with the affected local government before obtaining authorization; or (3) with respect to facilities exempted from authorization requirements, they possessed an option to purchase the land for the expansion during 1991.
Authorizes State Governors to prohibit local government authorizations if the disposal of out-of-State waste is using solid waste management capacity required to be used for waste generated within the local government's region.
Permits a Governor, if requested by an affected local government and local solid waste planning unit, to limit the amount of out-of-State waste received at landfills exempted from authorization requirements.
Makes this Act inapplicable after 1996 unless each operating landfill in a State: (1) meets design and location standards applicable to landfills constructed on and after October 1993; or (2) is on an enforceable schedule to stop receiving waste by 2000 and to implement a closure plan. | Local Government Interstate Waste Control Act |
SECTION 1. 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., by Cook Inlet Region, Inc.
in fulfillment of the agreement of February 3, 1976, and subsequent
letter agreement of March 26, 1982, among the 3 parties are hereby
adopted and ratified as a matter of Federal law. The conveyances shall
be deemed to be conveyances pursuant to 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 receive
any additional lands under the Alaska Native Claims Settlement Act. The
ratification of these conveyances shall not have any effect on section
14(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)) or
upon the duties and obligations of the United States to any Alaska
Native Corporation. This ratification shall not be for any claim to
land or money by the Caswell or Montana Creek group corporations or any
other Alaska Native Corporation against the State of Alaska, the United
States, or Cook Inlet Region, Incorporated.
SEC. 2. MINING CLAIMS ON LANDS CONVEYED TO ALASKA REGIONAL
CORPORATIONS.
Section 22(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1621(c)) is amended by adding at the end the following:
``(3) This section shall apply to lands conveyed by interim
conveyance or patent to a regional corporation pursuant to this
Act which are made subject to a mining claim or claims located
under the general mining laws, including lands conveyed prior
to enactment of this paragraph. Effective upon the date of
enactment of this paragraph, the Secretary, acting through the
Bureau of Land Management and in a manner consistent with
section 14(g), shall transfer to the regional corporation
administration of all mining claims determined to be entirely
within lands conveyed to that corporation. Any person holding
such mining claim or claims shall meet such requirements of the
general mining laws and section 314 of the Federal Land
Management and Policy Act of 1976 (43 U.S.C. 1744), except that
any filings that would have been made with the Bureau of Land
Management if the lands were within Federal ownership shall be
timely made with the appropriate regional corporation. The
validity of any such mining claim or claims may be contested by
the regional corporation, in place of the United States. All
contest proceedings and appeals by the mining claimants of
adverse decision made by the regional corporation shall be
brought in Federal District Court for the District of Alaska.
Neither the United States nor any Federal agency or official
shall be named or joined as a party in such proceedings or
appeals. All revenues from such mining claims received after
passage of this paragraph shall be remitted to the regional
corporation subject to distribution pursuant to section 7(i) of
this Act, except that in the event that the mining claim or
claims are not totally within the lands conveyed to the
regional corporation, the regional corporation shall be
entitled only to that proportion of revenues, other than
administrative fees, reasonably allocated to the portion of the
mining claim so conveyed.''.
SEC. 3. SETTLEMENT OF CLAIMS ARISING FROM HAZARDOUS SUBSTANCE
CONTAMINATION OF TRANSFERRED LANDS.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following:
``claims arising from contamination of transferred lands
``Sec. 40. (a) As used in this section--
``(1) the term `contaminant' means hazardous substance
harmful to public health or the environment, including
asbestos; and
``(2) the term `land' means real property transferred to an
Alaska Native Corporation pursuant to this Act.
``(b) Within 18 months of enactment of this section, and after
consultation with the Secretary of Agriculture, State of Alaska, and
appropriate Alaska Native corporations and organizations, the Secretary
shall submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate, a report addressing issues presented by the presence of
hazardous substances on lands conveyed or prioritized for conveyance to
such corporations pursuant to this Act. Such report shall consist of--
``(1) existing information concerning the nature and types
of contaminants present on such lands prior to conveyance to
Alaska Native corporations;
``(2) existing information identifying the existence and
availability of potentially responsible parties for the removal
or amelioration of the effects of such contaminants;
``(3) identification of existing remedies; and
``(4) recommendations for any additional legislation that
the Secretary concludes is necessary to remedy the problem of
contaminants on the lands.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE PURPOSES OF
IMPLEMENTING REQUIRED RECONVEYANCES.
Section 14(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1613(c)) is amended by adding at the end the following:
``There is authorized to be appropriated such sums as may be
necessary for the purpose of providing technical assistance to Village
Corporations established pursuant to this Act in order that they may
fulfill the reconveyance requirements of section 14(c) of this Act. The
Secretary may make funds available as grants to ANCSA or nonprofit
corporations that maintain in-house land planning and management
capabilities.''.
SEC. 5. NATIVE ALLOTMENTS.
Section 1431(o) of the Alaska National Interest Lands Conservation
Act (94 Stat. 2542) is amended by adding at the end the following:
``(5) Following the exercise by Arctic Slope Regional
Corporation of its option under paragraph (1) to acquire the
subsurface estate beneath lands within the National Petroleum
Reserve--Alaska selected by Kuukpik Corporation, where such
subsurface estate entirely surrounds lands subject to a Native
allotment application approved under 905 of this Act, and the
oil and gas in such lands have been reserved to the United
States, Arctic Slope Regional Corporation, at its further
option and subject to the concurrence of Kuukpik Corporation,
shall be entitled to receive a conveyance of the reserved oil
and gas, including all rights and privileges therein reserved
to the United States, in such lands. Upon the receipt of a
conveyance of such oil and gas interests, the entitlement of
Arctic Slope Regional Corporation to in-lieu subsurface lands
under section 12(a)(1) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1611(a)(1)) shall be reduced by the amount of
acreage determined by the Secretary to be conveyed to Arctic
Slope Regional Corporation pursuant to this paragraph.''.
SEC. 6. REPORT CONCERNING OPEN SEASON FOR CERTAIN NATIVE ALASKA
VETERANS FOR ALLOTMENTS.
(a) In General.--No later than 6 months after the date of enactment
of this Act, the Secretary of the Interior, in consultation with the
Secretary of Agriculture, the State of Alaska and appropriate Native
corporations and organizations, shall submit to the Committee on
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report which shall include, but
not be limited to, the following:
(1) The number of Vietnam era veterans, as defined in
section 101 of title 38, United States Code, who were eligible
for but did not apply for an allotment of not to exceed 160
acres under the Act of May 17, 1906 (chapter 2469, 34 Stat.
197), as the Act was in effect before December 18, 1971.
(2) An assessment of the potential impacts of additional
allotments on conservation system units as that term is defined
in section 102(4) of the Alaska National Interest Lands
Conservation Act (94 Stat. 2375).
(3) Recommendations for any additional legislation that the
Secretary concludes is necessary.
(b) Requirement.--The Secretary of Veterans Affairs shall release
to the Secretary of the Interior information relevant to the report
required under subsection (a).
SEC. 7. TRANSFER OF WRANGELL INSTITUTE.
(a) Property Transfer.--Cook Inlet Region, Incorporated, is
authorized to transfer to the United States and the General Services
Administration shall accept an approximately 10-acre site of the
Wrangell Institute in Wrangell, Alaska, and the structures contained
thereon.
(b) Restoration of Property Credits.--
(1) In general.--In exchange for the land and structures
transferred under subsection (a), property bidding credits in
the total amount of $382,305, shall be restored to the Cook
Inlet Region, Incorporated, property account in the Treasury
established under section 12(b) of the Act of January 2, 1976
(Public Law 94-204; 43 U.S.C. 1611 note), referred to in such
section as the ``Cook Inlet Region, Incorporated, property
account''. Such property bidding credits shall be used in the
same fiscal year as they are received by Cook Inlet Region,
Incorporated.
(2) Hold harmless.--The United States shall defend and hold
harmless Cook Inlet Region, Incorporated, and its subsidiaries
in any and all claims arising from Federal or Cook Inlet
Region, Incorporated, ownership of the land and structures
prior to their return to the United States.
SEC. 8. SHISHMAREF AIRPORT AMENDMENT.
The Shishmaref Airport, conveyed to the State of Alaska on January
5, 1967, in Patent No. 1240529, is subject to reversion to the United
States, pursuant to the terms of that patent for nonuse as an airport.
The Secretary is authorized to reacquire the interests originally
conveyed pursuant to Patent No. 1240529, and, notwithstanding any other
provision of law, shall immediately thereafter transfer all right,
title, and interest of the United States in the subject lands to the
Shishmaref Native Corporation. Nothing in this section shall relieve
the State, the United States, or any other potentially responsible
party of liability, if any, under existing law for the cleanup of
hazardous or solid wastes on the property, nor shall the United States
or Shishmaref Native Corporation become liable for the cleanup of the
property solely by virtue of acquiring title from the State of Alaska
or from the United States. | Ratifies certain land conveyances by Cook Inlet Region, Inc., to the Montana Creek Native Association, Inc., and to the Caswell Native Association, Inc.
(Sec. 2) Amends the Alaska Native Claims Settlement Act (Act) with respect to requirements, administration, and revenues of mining claims patented to a Regional Corporation.
(Sec. 3) Directs the Secretary of the Interior (Secretary) to report to the Congress concerning hazardous substances on lands conveyed to Native Corporations.
(Sec. 4) Authorizes appropriations to Village Corporations for reconveyance activities.
(Sec. 5) Amends the Alaska National Interest Lands Conservation Act with respect to specified oil and gas reserve conveyances allotted to the Arctic Slope Regional Corporation.
(Sec. 6) Directs the Secretary to report to the Congress concerning Native Alaskan Vietnam era veterans who did not receive specified allotments, and a related assessment of any additional allotments.
(Sec. 7) Authorizes Cook Inlet Region, Inc., to transfer Wrangell Institute in Wrangell, Alaska, to the General Services Administration in exchange for the restoration of specified property credits.
(Sec. 8) States that: (1) the Shishmaref Airport, Alaska, is subject to reversion to the United States for nonuse as an airport; and (2) the Secretary shall reacquire the conveyed interests and transfer such lands to the Shishmaref Native Corporation. | 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 ``Save Oak Flat Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Section 3003 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(16 U.S.C. 539p) authorizes approximately 2422 acres of Forest
Service land known as ``Oak Flat'' in the Tonto National Forest
in Southeastern Arizona that is sacred to Indian tribes in the
region, including the San Carlos Apache Tribe, to be
transferred to a mining company called Resolution Copper. That
company plans to hold the Forest land privately for a mining
project that will result in the physical destruction of tribal
sacred areas and deprive American Indians from practicing their
religions, ceremonies, and other traditional practices. The
mining project will also create significant negative
environmental impacts by destroying the area and depleting and
contaminating precious water resources.
(2) Once Resolution Copper owns the Oak Flat area, it plans
to use the highly destructive block cave mining method to
remove one cubic mile of ore that is now 7,000 feet beneath the
surface of the earth without replacing any of the earth removed
because that is the cheapest form of mining. Resolution Copper
admits that the surface will subside and ultimately collapse,
destroying forever this place of worship.
(3) The Tonto National Forest in which Oak Flat is located
was established in 1905 from the ancestral homelands of the
Tonto Apache and other American Indians who were forcibly
removed at gunpoint from the Oak Flat area and other areas of
the Tonto National Forest by the United States Army in the
1880s and imprisoned in other areas, including what is now the
San Carlos Apache Reservation, located approximately 15 miles
from Oak Flat, where Apaches were held as prisoners of war
until the early 1900s.
(4) Section 3003 was included in the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 without proper legislative process and
circumvented the will of the majority of Members of the House
of Representatives. Section 3003 was originally introduced in
the House of Representatives as H.R. 687 and in the Senate as
S. 339 in the 113th Congress. H.R. 687 was brought to the floor
of the House of Representatives for consideration twice and was
pulled from consideration both times. S. 339 was never
considered by the Senate or even considered for mark up by the
Senate Committee on Energy and Natural Resources. Section 3003
was then included in the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
without majority support from either the House or Senate and an
amendment to remove section 3003 was not allowed to be
considered.
(5) American Indian tribes have ceded or have had taken
from them millions of acres of land to help build the United
States and have suffered under Federal assimilationist policies
that sought to destroy tribal cultures. Despite these policies,
American Indians continue to practice their religions as they
have done for thousands of years. American Indian places of
worship, or sacred areas, are often land based, including
mountains, streams, and trees. As a result of previous Federal
land policies that resulted in the significant loss of lands of
American Indian tribes, many sacred areas of tribes are now
located on Federal lands.
(6) The United States has a trust responsibility
acknowledged by Congress to protect tribal sacred areas on
Federal lands. These laws require meaningful consultations with
affected Indian tribes before making decisions that will impact
American Indians. In contradiction to these laws, section 3003
requires the mandatory conveyance of a tribal sacred area
located on Federal lands regardless of the outcome of
consultation with affected Indian tribes.
(7) Section 3003 was strongly opposed by Indian tribes
nationwide because it sets dangerous legislative precedent for
the lack of protection of tribal sacred areas located on
Federal lands by mandating the conveyance of Federal lands with
significant religious, cultural, historic, and anthropological
significance for Indian tribes to a private company that will
destroy the land.
(8) Section 3003 circumvents standard environmental review
procedures that ensure that the public interest is protected,
including the interests of Indian tribes. Section 3003 requires
a mandatory conveyance of the Oak Flat area regardless of the
findings resulting from the environmental review process. The
mining project will require significant amounts of water that
will likely affect the local hydrology, including the
underlying aquifer, and will result in polluted water that will
seep into drinking water supplies.
(9) The inclusion of section 3003 in the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 sets negative precedent for legislative
process and for Federal Indian policy.
SEC. 3. REPEAL OF THE SOUTHEAST ARIZONA LAND EXCHANGE AND CONSERVATION.
Section 3003 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (16 U.S.C.
539p) is repealed. | Save Oak Flat Act This bill amends the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 to repeal the authorization and requirement for a land exchange between the Department of Agriculture and Resolution Copper Mining, LLC. under which 2,422 acres of Forest Service land located in Pinal County, Arizona, are to be exchanged for various parcels of land owned by Resolution Copper. | Save Oak Flat Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wheeling National Heritage Area Act
of 2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the area in and around Wheeling, West Virginia,
possesses important historical, cultural, and natural
resources, representing major heritage themes of
transportation, commerce and industry, and Victorian culture in
the United States;
(2) the city of Wheeling has played an important part in
the settlement of this country by serving as--
(A) the western terminus of the National Road of
the early 1800's;
(B) the ``Crossroads of America'' throughout the
nineteenth century;
(C) one of the few major inland ports in the
nineteenth century; and
(D) the site for the establishment of the Restored
State of Virginia, and later the State of West
Virginia, during the Civil War and as the first capital
of the new State of West Virginia;
(3) the city of Wheeling has played an important role in
the industrial and commercial heritage of the United States,
through the development and maintenance of many industries
crucial to the Nation's expansion, including iron and steel,
textile manufacturing, boat building, glass manufacturing, and
stogie and chewing tobacco manufacturing facilities, many of
which are industries that continue to play an important role in
the national economy;
(4) the city of Wheeling has retained its national heritage
themes with the designations of the old custom house (now
Independence Hall) and the historic suspension bridge as
National Historic Landmarks; with five historic districts; and
many individual properties in the Wheeling area listed or
eligible for nomination to the National Register of Historic
Places;
(5) the heritage themes and number and diversity of
Wheeling's remaining resources should be appropriately
retained, enhanced, and interpreted for the education, benefit,
and inspiration of the people of the United States; and
(6) in 1992 a comprehensive plan for the development and
administration of the Wheeling National Heritage Area was
completed for the National Park Service, the city of Wheeling,
and the Wheeling National Heritage Task Force, including--
(A) an inventory of the natural and cultural
resources in the city of Wheeling;
(B) criteria for preserving and interpreting
significant natural and historic resources;
(C) a strategy for the conservation, preservation,
and reuse of the historical and cultural resources in
the city of Wheeling and the surrounding region;
(D) an implementation agenda by which the State of
West Virginia and local governments can coordinate
their resources; and
(E) a complete description of the management entity
responsible for implementing the comprehensive plan.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the special importance of the history and
development of the Wheeling area in the cultural heritage of
the Nation;
(2) to provide a framework to assist the city of Wheeling
and other public and private entities and individuals in the
appropriate preservation, enhancement, and interpretation of
significant resources in the Wheeling area emblematic of
Wheeling's contributions to the Nation's cultural heritage;
(3) to allow for limited Federal, State, and local capital
contributions for planning and infrastructure investments to
complete the Wheeling National Heritage Area, in partnership
with the State of West Virginia, the city of Wheeling, and
other appropriate public and private entities; and
(4) to provide for an economically self-sustaining National
Heritage Area not dependent on Federal financial assistance
beyond the initial years necessary to establish the heritage
area.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``City'' means the city of Wheeling;
(2) the term ``heritage area'' means the Wheeling National
Heritage Area established in section 4;
(3) the term ``plan'' means the ``Plan for the Wheeling
National Heritage Area'' dated August 1992;
(4) the term ``Secretary'' means the Secretary of the
Interior; and
(5) the term ``State'' means the State of West Virginia.
SEC. 4. WHEELING NATIONAL HERITAGE AREA.
(a) Establishment.--In furtherance of the purposes of this Act,
there is established in the State of West Virginia the Wheeling
National Heritage Area, as generally depicted on the map entitled
``Boundary Map, Wheeling National Heritage Area, Wheeling, West
Virginia'' and dated March, 1994. The map shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
(b) Management Entity.--The management entity for the heritage area
shall be the Wheeling National Heritage Area Corporation, a nonprofit
corporation chartered in the State of West Virginia.
SEC. 5. DUTIES OF THE MANAGEMENT ENTITY.
(a) In General.--The duties of the management entity shall be to--
(A) manage the heritage area in accordance with the
plan;
(B) implement and coordinate the recommendations
contained in the plan;
(C) ensure integrated operation of the heritage
area;
(D) conserve and interpret the historic and
cultural resources of the heritage area;
(E) direct and coordinate the diverse conservation,
development, programming, educational, and interpretive
activities within the heritage area; and
(F) work with the State and local governments to
ensure that the plan is formally adopted by the City
and recognized by the State.
(b) Implementation.--To the extent practicable, the management
entity shall--
(1) implement the recommendations contained in the plan in
a timely manner pursuant to the schedule identified in the
plan;
(2) coordinate its activities with the City, the State, and
the Secretary;
(3) ensure the conservation and interpretation of the
heritage area's historical, cultural, and natural resources,
including--
(A) assisting the City and the State in the
preservation of sites, buildings, and objects within
the heritage area which are listed or eligible for
listing on the National Register of Historic Places;
(B) assisting the City, the State, or a nonprofit
organization in the restoration of any historic
building in the heritage area;
(C) increasing public awareness of and appreciation
for the natural, cultural, and historic resources of
the heritage area;
(D) assisting the State or City in designing,
establishing, and maintaining appropriate interpretive
facilities and exhibits in the heritage area;
(E) assisting in the enhancement of public
awareness and appreciation for the historical,
archaeological, and geologic resources and sites in the
heritage area; and
(F) encouraging the City and other local
governments to adopt land use policies consistent with
the goals of the plan, and to take actions to implement
those policies;
(4) encourage intergovernmental cooperation in the
achievement of these objectives;
(5) develop recommendations for design standards within the
heritage area; and
(6) seek to create public-private partnerships to finance
projects and initiatives within the heritage area.
(c) Authorities.--The management entity may, for the purposes of
implementing the plan, use Federal funds made available by this Act
to--
(1) make loans or grants to the State, City, or other
appropriate public or private organizations, entities, or
persons;
(2) enter into cooperative agreements with, or provide
technical assistance to Federal agencies, the State, City, or
other appropriate public or private organizations, entities, or
persons;
(3) hire and compensate such staff as the management entity
deems necessary;
(4) obtain money from any source under any program or law
requiring the recipient of such money to make a contribution in
order to receive such money;
(5) spend funds on promotion and marketing consistent with
the resources and associated values of the heritage area in
order to promote increased visitation; and
(6) contract for goods and services.
(d) Acquisition of Real Property.--
(1) In general.--Except as provided in paragraph (2), the
management entity may not acquire any real property or interest
therein within the heritage area, other than the leasing of
facilities.
(2) Conditions for acquisition.--(A) Subject to
subparagraph (B), the management entity may acquire real
property, or an interest therein, within the heritage area by
gift or devise, or by purchase from a willing seller with money
which was donated, bequeathed, appropriated, or otherwise made
available to the management entity on the condition that such
money be used to purchase real property, or interest therein,
within the heritage area.
(B) Any real property or interest therein acquired by the
management entity pursuant to this paragraph shall be conveyed
in perpetuity by the management entity to an appropriate public
or private entity, as determined by the management entity. Any
such conveyance shall be made as soon as practicable after
acquisition, without consideration, and on the condition that
the real property or interest therein so conveyed shall be used
for public purposes.
SEC. 6. DUTIES OF THE SECRETARY.
(a) Interpretive Support.--The Secretary may, upon request of the
management entity, provide appropriate interpretive, planning,
educational, staffing, exhibits, and other materials or support for the
heritage area, consistent with the plan and as appropriate to the
resources and associated values of the heritage area.
(b) Technical Assistance.--The Secretary shall, upon request of the
management entity and consistent with the plan, provide technical
assistance to the management entity.
(c) Cooperative Agreements, Loans, and Grants.--The Secretary may,
in consultation with the management entity and consistent with the
management plan, make loans and grants to, and enter into cooperative
agreements with the management entity, the State, City, nonprofit
organization or any person.
(d) Plan Amendments.--No amendments to the plan may be made unless
such amendments are approved by the Secretary. The Secretary shall
consult with the management entity in reviewing any proposed
amendments.
SEC. 7. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal department, agency, or other entity conducting or
supporting activities directly affecting the heritage area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this Act, and to the extent
practicable, coordinate such activities directly with the
duties of the Secretary and the management entity; and
(3) to the extent practicable, conduct or support such
activities in a manner which the management entity determines
will not have an adverse effect on the heritage area.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Makes the Wheeling National Heritage Area Corporation the management entity for the Area. | Wheeling National Heritage Area Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Education,
Treatment, and Hope Act of 2010''.
SEC. 2. ENHANCING HEALTH CARE PROVIDER AWARENESS OF METHAMPHETAMINE
ADDICTION.
Section 507(b) of the Public Health Service Act (42 U.S.C.
290bb(b)) is amended--
(1) by redesignating paragraphs (13) and (14) as paragraphs
(14) and (15), respectively; and
(2) by inserting after paragraph (12) the following:
``(13) collaborate with professionals in the addiction
field and primary health care providers to raise awareness
about how to--
``(A) recognize the signs of a substance abuse
disorder; and
``(B) apply evidence-based practices for screening
and treating individuals with or at-risk for developing
an addiction, including addiction to methamphetamine or
other drugs;''.
SEC. 3. RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND PARENTING
WOMEN.
Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``postpartum women treatment for substance
abuse'' and inserting ``parenting women treatment for
substance abuse (including treatment for addiction to
methamphetamine)'';
(B) in paragraph (1), by striking ``reside in'' and
inserting ``reside in or receive outpatient treatment
services from''; and
(C) in paragraph (2), by striking ``the minor
children of the women reside with the women in such
facilities'' and inserting ``the minor children of the
women who reside in such facilities reside with such
women'';
(2) in subsection (d), by amending paragraph (2) to read as
follows:
``(2) Referrals for necessary hospital and dental
services.'';
(3) by amending subsection (m) to read as follows:
``(m) Allocation of Awards.--In making awards under subsection (a),
the Director shall give priority to any entity that agrees to use the
award for a program serving an area that--
``(1) is a rural area, an area designated under section 332
by the Administrator of the Health Resources and Services
Administration as a health professional shortage area with a
shortage of mental health professionals, or an area determined
by the Director to have a shortage of family-based substance
abuse treatment options; and
``(2) is determined by the Director to have high rates of
addiction to methamphetamine or other drugs.'';
(4) in subsection (p)--
(A) by striking ``October 1, 1994'' and inserting
``one year after the date of the enactment of the
Methamphetamine Education, Treatment, and Hope Act of
2010'';
(B) by inserting ``In submitting reports under this
subsection, the Director may use data collected under
this section or other provisions of law, insofar as
such data is used in a manner consistent with all
Federal privacy laws applicable to the use of data
collected under this section or other provision,
respectively.'' after ``biennial report under section
501(k).''; and
(C) by striking ``Each report under this subsection
shall include'' and all that follows and inserting
``Each report under this subsection shall, with respect
to the period for which the report is prepared, include
the following:
``(1) A summary of any evaluations conducted under
subsection (o).
``(2) Data on the number of pregnant and parenting women in
need of, but not receiving, treatment for substance abuse. Such
data shall include, but not be limited to, the number of
pregnant and parenting women in need of, but not receiving,
treatment for methamphetamine abuse, disaggregated by State and
tribe.
``(3) Data on recovery and relapse rates of women receiving
treatment for substance abuse under programs carried out
pursuant to this section, including data disaggregated with
respect to treatment for methamphetamine abuse.'';
(5) by redesignating subsections (q) and (r) as subsections
(r) and (s), respectively;
(6) by inserting after subsection (p) the following:
``(q) Methamphetamine Addiction.--In carrying out this section, the
Director shall expand, intensify, and coordinate efforts to provide
pregnant and parenting women treatment for addiction to methamphetamine
or other drugs.''; and
(7) in subsection (s) (as so redesignated), by striking
``such sums as may be necessary to fiscal years 2001 through
2003'' and inserting ``$16,000,000 for fiscal year 2012,
$16,500,000 for fiscal year 2013, $17,000,000 for fiscal year
2014, $17,500,000 for fiscal year 2015, and $18,000,000 for
fiscal year 2016''.
SEC. 4. WORKPLACE INFORMATION CLEARINGHOUSE.
Section 515(b) of the Public Health Service Act (42 U.S.C. 290bb-
21(b)) is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) by redesignating paragraph (11) as paragraph (13); and
(3) by inserting after paragraph (10) the following new
paragraph:
``(11) maintain a clearinghouse that provides information
and educational materials to employers and employees about
comprehensive drug-free workplace programs and substance abuse
prevention and treatment resources;''.
SEC. 5. YOUTH INVOLVEMENT IN PREVENTION STRATEGIES.
Section 515(b) of the Public Health Service Act (42 U.S.C. 290bb-
21(b)), as amended by section 4, is further amended by inserting after
paragraph (11) the following new paragraph:
``(12) support the involvement of youth in the development
and implementation of prevention strategies focused on youth,
with regard to methamphetamine and other drugs; and''.
Passed the House of Representatives September 30
(legislative day September 29), 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Methamphetamine Education, Treatment, and Hope Act of 2010 - Amends the Public Health Service Act to require the Director of the Center for Substance Abuse Treatment to collaborate with professionals in the addiction field and primary health care providers to raise awareness about how to: (1) recognize the signs of a substance abuse disorder; and (2) apply evidence-based practices for screening and treating individuals with, or at-risk for developing, an addiction.
Revises provisions governing a grant program for substance abuse residential treatment for pregnant and parenting women (currently, for postpartum women), to include treatment for addiction to methamphetamine, outpatient treatment services, and referrals for dental services.
Requires the Director to give grant priority to a program serving an area that: (1) is a rural area, an area with a shortage of mental health professionals, or an area with a shortage of family-based substance abuse treatment options; and (2) has high rates of addiction to methamphetamine or other drugs.
Revises requirements for biennial reports to Congress to require such reports to include: (1) data on the number of pregnant and parenting women in need of, but not receiving, treatment for substance abuse; and (2) data on recovery and relapse rates of women receiving treatment for substance abuse under the grant program.
Requires the Director to expand, intensify, and coordinate efforts to provide pregnant and parenting women treatment for addiction to methamphetamine or other drugs.
Requires the Director of the Office for Substance Abuse Prevention to: (1) maintain a clearinghouse that provides information and educational materials to employers and employees about comprehensive drug-free workplace programs and substance abuse prevention and treatment resources; and (2) support the involvement of youth in the development and implementation of prevention strategies focused on youth. | To amend the Public Health Service Act to provide for the establishment of a drug-free workplace information clearinghouse, to support residential methamphetamine treatment programs for pregnant and parenting women, to improve the prevention and treatment of methamphetamine addiction, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long Term Care Quality and Consumer
Information Improvement Act of 2004''.
SEC. 2. MEDICARE PAYMENT ADJUSTMENTS FOR SKILLED NURSING FACILITIES
BASED ON QUALITY DATA.
(a) In General.--Section 1888(e) of the Social Security Act (42
U.S.C. 1395yy(e)) is amended by adding at the end the following new
paragraph:
``(13) Payment adjustments based on quality data.--
``(A) Establishment of quality measures.--
``(i) In general.--Subject to the
succeeding provisions of this subparagraph, not
later than July 1, 2005, the Secretary shall
establish between 10 and 15 quality measures
applicable with respect to skilled nursing
facilities in addition to any quality measures
applicable with respect to such facilities
established prior to January 1, 2005.
``(ii) Consultation.--In establishing the
quality measures under clause (i), the
Secretary shall consult with--
``(I) residents of skilled nursing
facilities;
``(II) representatives of patient
advocacy organizations;
``(III) State regulatory
representatives;
``(IV) representatives from the
skilled nursing facility industry; and
``(V) experts on quality measures.
``(iii) Staffing and mix of licensed
staff.--At least one of the quality measures
established under clause (i) shall relate to
the level of skilled nursing facility staffing
and the mix of licensed staff.
``(iv) Establishment and application of
risk adjustment methodology.--The quality
measures established under clause (i) shall
take into account the relative risks associated
with the population of each skilled nursing
facility to ensure that the differences in the
quality measures reflect differences in the
care provided by the facilities and not
differences in resident population
characteristics by using a risk adjustment
methodology established for purposes of this
subsection. The risk adjustment methodology
established and applied under this clause may
exclude certain types of residents, stratify
residents into high-risk and low-risk groups,
or use a statistical adjustment, such as a
regression analysis, that takes into
consideration multiple characteristics for each
resident.
``(v) Special provision for small skilled
nursing facilities.--The Secretary, in
consultation with the individuals and groups
described in clause (ii), shall establish
criteria for determining which quality measures
established under clause (i) do not apply with
respect to skilled nursing facilities that are
not large enough to yield meaningful data with
respect to such measure.
``(vi) Annual review and revision.--The
Secretary, in consultation with the individuals
and groups described in clause (ii), shall
annually review and revise the quality measures
established under clause (i), as the Secretary,
in consultation with such individuals and
groups, determines appropriate.
``(B) Reporting on quality measures.--
``(i) Submission of data.--Each skilled
nursing facility that desires to receive a
payment adjustment under subparagraph (C) shall
submit such data at such time and in such form
and manner as the Secretary, in consultation
with the individuals and groups described in
subparagraph (A)(ii), requires for purposes of
applying the quality measures established under
subparagraph (A)(i).
``(ii) Publication of quality ratings.--Not
less frequently than annually, the Secretary
shall cause to be posted on the Internet
website of the Centers for Medicare & Medicaid
Services and to be published in newspapers with
a national circulation a quality rating for
each skilled nursing facility submitting data
under clause (i) by using such data to apply
the quality measures established under
subparagraph (A)(i) to each facility.
``(C) Additional payment amount.--
``(i) In general.--Subject to clause (iv),
each skilled nursing facility that submits data
under subparagraph (B)(i) shall receive the
update described in clause (ii) and the payment
adjustment described in clause (iii).
``(ii) Full market basket update.--
Notwithstanding paragraph (4)(E)(ii) or any
other provision of law, each skilled nursing
facility described in clause (i) shall receive
the full market basket update for the year
following the year in which such data is
submitted.
``(iii) Payments based on quality.--The
Secretary shall adjust the total payment amount
under this subsection for skilled nursing
facilities described in clause (i) as follows:
``(I) Beginning with fiscal year
2006, for each of the skilled nursing
facilities that the Secretary
determines, based on the quality
measures established under subparagraph
(A)(i) for the preceding fiscal year,
to be--
``(aa) in the top 10
percent of all nursing
facilities that submitted data
under subparagraph (B)(i)
during the preceding fiscal
year, each payment amount
determined under the other
provisions of this subsection
shall be increased by 2 percent
of that amount; and
``(bb) below the top 10
percent of such nursing
facilities, but within the top
20 percent of such facilities,
each payment amount determined
under the other provisions of
this subsection shall be
increased by 1 percent of that
amount.
``(II) Beginning with fiscal year
2007, for each of the skilled nursing
facilities that the Secretary
determines, based on the quality
measures established under subparagraph
(A)(i), to be in the bottom 20 percent
of all nursing facilities that
submitted data under subparagraph
(B)(i), each payment amount determined
under the other provisions of this
subsection shall be decreased by 1
percent of that amount.
``(iv) Special provision for small skilled
nursing facilities.--The Secretary may not
refuse to provide a full market basket update
under clause (ii) or to provide an increase or
reduction under clause (iii) with respect to a
skilled nursing facility because such facility
does not submit data with respect to a quality
measure that does not apply to the nursing
facility as a result of the application of the
criteria established under subparagraph (A)(v).
``(D) Budget neutrality.--In implementing this
paragraph, the Secretary shall ensure that the
aggregate amount of expenditures made by the Secretary
under this title in a fiscal year does not exceed the
aggregate amount which the Secretary would have
expended under this title in the year if this paragraph
had not been enacted. In determining the aggregate
amount which the Secretary would have expended under
this title in the year if this paragraph had not been
enacted, the Secretary shall assume a current services
budget baseline that includes in the assumption of
current services a level of expenditures for covered
skilled nursing facility services that reflects a
continuation of the Resource Utilization Groups (RUGS)
that were used for making payments under this section
during fiscal year 2004.''.
(b) Evaluation and Report.--
(1) Evaluation.--The Secretary of Health and Human Services
shall conduct an evaluation of the implementation of the
amendment made by subsection (a), including an evaluation of
the number of skilled nursing facilities that submit the data
pursuant to paragraph (13)(B) of section 1888(e) of the Social
Security Act (42 U.S.C. 1395yy(e)), as added by subsection (a).
(2) Report.--Not later than December 31, 2007, the
Secretary of Health and Human Services shall submit a report to
Congress on the evaluation conducted under paragraph (1)
together with recommendations for such legislation and
administrative actions as the Secretary considers appropriate. | Long Term Care Quality and Consumer Information Improvement Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for payment adjustments for skilled nursing facilities based on quality data. | A bill to amend title XVIII of the Social Security Act to provide medicare beneficiaries with access to information concerning the quality of care provided by skilled nursing facilities and to provide incentives to skilled nursing facilities to improve the quality of care provided by those facilities by linking the amount of payment under the medicare program to quality reporting and performance requirements, and for other purposes. |
SECTION 1. AUTHORITY FOR QUALIFYING STATES TO USE ALL OR ANY PORTION OF
THEIR SCHIP ALLOTMENTS FOR CERTAIN MEDICAID EXPENDITURES.
(a) In General.--Section 2105(g)(1)(A) of the Social Security Act
(42 U.S.C. 1397ee(g)(1)(A)), as amended by section 201(b) of the
National Institutes of Health Reform Act of 2006, is amended by
striking ``not more than 20 percent of any allotment under section 2104
for fiscal year 1998, 1999, 2000, 2001, 2004, 2005, 2006, or 2007'' and
inserting ``all or any portion of any allotment made to the State under
section 2104 for a fiscal year''.
(b) Additional Requirements.--Section 2105(g)(2) of such Act (42
U.S.C. 1397ee(g)(2)) is amended--
(1) by striking ``a State, that, on'' and inserting ``a
State that is described in subparagraph (A) and satisfies all
of the requirements of subparagraph (B).
``(A) State described.--A State described in this
subparagraph is a State that, on''; and
(2) by adding at the end the following:
``(B) Requirements.--The requirements of this
subparagraph are the following:
``(i) No reduction in medicaid or schip
income eligibility.--Since January 1, 2001, the
State has not reduced the income, assets, or
resource requirements for eligibility for
medical assistance under title XIX or for child
health assistance under this title.
``(ii) No waiting list imposed.--The State
does not impose any numerical limitation,
waiting list, or similar limitation on the
eligibility of children for medical assistance
under title XIX or child health assistance
under this title and does not limit the
acceptance of applications for such assistance.
``(iii) Provides assistance to all children
who apply and qualify.--The State provides
medical assistance under title XIX or child
health assistance under this title to all
children in the State who apply for and meet
the eligibility standards for such assistance.
``(iv) Protection against inability to pay
premiums or copayments.--The State ensures that
no child loses coverage under title XIX or this
title, or is denied needed care, as a result of
the child's parents' inability to pay any
premiums or cost-sharing required under such
title.
``(v) Additional requirements.--The State
has implemented at least 3 of the following
policies and procedures (relating to coverage
of children under title XIX and this title):
``(I) Simplified application
form.--With respect to children who are
eligible for medical assistance under
title XIX, the State uses the same
simplified application form (including,
if applicable, permitting application
other than in person) for purposes of
establishing eligibility for assistance
under title XIX and this title.
``(II) Elimination of asset test.--
The State does not apply any asset test
for eligibility under title XIX or this
title with respect to children.
``(III) Adoption of 12-month
continuous enrollment.--The State
provides that eligibility shall not be
regularly redetermined more often than
once every year under this title or for
children eligible for medical
assistance under title XIX.
``(IV) Same verification and
redetermination policies; automatic
reassessment of eligibility.--With
respect to children who are eligible
for medical assistance under section
1902(a)(10)(A), the State provides for
initial eligibility determinations and
redeterminations of eligibility using
the same verification policies
(including with respect to face-to-face
interviews), forms, and frequency as
the State uses for such purposes under
this title, and, as part of such
redeterminations, provides for the
automatic reassessment of the
eligibility of such children for
assistance under title XIX and this
title.
``(V) Outstationing enrollment
staff.--The State provides for the
receipt and initial processing of
applications for benefits under this
title and for children under title XIX
at facilities defined as
disproportionate share hospitals under
section 1923(a)(1)(A) and Federally-
qualified health centers described in
section 1905(l)(2)(B) consistent with
section 1902(a)(55).''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2007, and shall apply to expenditures described in
section 2105(g)(1)(B)(ii) of the Social Security Act (42 U.S.C.
1397ee(g)(1)(B)(ii)) that are made after that date. | Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA), as amended by the National Institutes of Health Reform Act of 2006, to allow qualifying states to use all or any portion (currently, up to 20%) of their allotments under SCHIP for certain Medicaid (SSA title XIX) expenditures.
Requires qualifying states to implement at least three of the following policies and procedures: (1) a simplified application process; (2) elimination of any asset test; (3) twelve-month continuous eligibility; and (4) easy access to enrollment staff. | A bill to amend title XXI of the Social Security Act to allow qualifying States to use all or any portion of their allotments under the State Children's Health Insurance Program for certain Medicaid expenditures. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Amateur Radio Emergency
Communications Enhancement Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nearly 700,000 amateurs radio operators in the United
States are licensed by the Federal Communications Commission in
the Amateur Radio Service.
(2) Amateur Radio Service operators provide, on a volunteer
basis, a valuable public sector service to their communities,
their States, and to the Nation, especially in the area of
national and international disaster communications.
(3) Emergency and disaster relief communications services
by volunteer Amateur Radio Service operators have consistently
and reliably been provided before, during, and after floods,
hurricanes, tornadoes, forest fires, earthquakes, blizzards,
train accidents, chemical spills and other disasters. These
communications services include services in connection with
significant examples, such as--
(A) hurricanes Katrina, Rita, Hugo, and Andrew;
(B) the relief effort at the World Trade Center and
the Pentagon following the 2001 terrorist attacks; and
(C) the Oklahoma City bombing in April 1995.
(4) Amateur Radio Service has formal agreements for the
provision of volunteer emergency communications activities with
the Department of Homeland Security, the Federal Emergency
Management Agency, the National Weather Service, the National
Communications System, and the Association of Public Safety
Communications Officials, as well as with disaster relief
agencies, including the American National Red Cross and the
Salvation Army.
(5) Section 1 of the joint resolution entitled ``Joint
Resolution to recognize the achievements of radio amateurs, and
to establish support for such amateurs as national policy'',
approved October 22, 1994 (Public Law 103-408), included a
finding that stated: ``Reasonable accommodation should be made
for the effective operation of amateur radio from residences,
private vehicles and public areas, and the regulation at all
levels of government should facilitate and encourage amateur
radio operations as a public benefit.''.
(6) Section 1805(c) of the Homeland Security Act of 2002 (6
U.S.C. 757(c)) directs the Regional Emergency Communications
Coordinating Working Group of the Department of Homeland
Security to coordinate their activities with ham and amateur
radio operators among the 11 other emergency organizations such
as ambulance services, law enforcement, and others.
(7) Amateur Radio Service, at no cost to taxpayers,
provides a fertile ground for technical self-training in modern
telecommunications, electronic technology, and emergency
communications techniques and protocols.
(8) There is a strong Federal interest in the effective
performance of Amateur Radio Service stations, and that
performance must be given--
(A) support at all levels of government; and
(B) protection against unreasonable regulation and
impediments to the provision of the valuable
communications provided by such stations.
SEC. 3. STUDY OF ENHANCED USES OF AMATEUR RADIO IN EMERGENCY AND
DISASTER RELIEF COMMUNICATION AND FOR RELIEF OF
RESTRICTIONS.
(a) Authority.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Homeland Security shall--
(1) undertake a study on the uses and capabilities of
Amateur Radio Service communications in emergencies and
disaster relief; and
(2) submit a report on the findings of the Secretary to
Congress.
(b) Scope of the Study.--The study required by this section shall--
(1) include a review of the importance of amateur radio
emergency communications in furtherance of homeland security
missions relating to disasters, severe weather, and other
threats to lives and property in the United States, as well as
recommendations for--
(A) enhancements in the voluntary deployment of
amateur radio licensees in disaster and emergency
communications and disaster relief efforts; and
(B) improved integration of amateur radio operators
in planning and furtherance of the Department of
Homeland Security initiatives; and
(2)(A) identify impediments to enhanced Amateur Radio
Service communications, such as the effects of unreasonable or
unnecessary private land use regulations on residential antenna
installations; and
(B) make recommendations regarding such impediments for
consideration by other Federal departments, agencies, and
Congress.
(c) Use of Expertise and Information.--In conducting the study
required by this section, the Secretary of Homeland Security shall
utilize the expertise of stakeholder entities and organizations,
including the amateur radio, emergency response, and disaster
communications communities.
Passed the Senate December 14, 2009.
Attest:
NANCY ERICKSON,
Secretary. | Amateur Radio Emergency Communications Enhancement Act of 2009 - Directs the Secretary of Homeland Security: (1) to study and report to Congress on the uses and capabilities of Amateur Radio Service communications in emergencies and disaster relief; and (2) in conducting the study, to utilize the expertise of stakeholder entities and organizations, including the amateur radio, emergency response, and disaster communications communities.
Requires the study to: (1) include a review of the importance of amateur radio emergency communications in furtherance of homeland security missions relating to disasters, severe weather, and other threats to lives and property in the United States, as well as recommendations for enhancements in the voluntary deployment of amateur radio licensees and improved integration of amateur radio operators in the planning and furtherance of Department of Homeland Security (DHS) initiatives; and (2) identify impediments to enhanced Amateur Radio Service communications and make recommendations regarding such impediments. | A bill to direct the Department of Homeland Security to undertake a study on emergency communications. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nuclear Regulatory
Commission Authorization Act for Fiscal Years 1994 and 1995''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR THE NUCLEAR REGULATORY
COMMISSION
Sec. 101. Authorization of appropriations for fiscal years 1994 and
1995.
Sec. 102. Allocation of amounts authorized.
Sec. 103. Retention of funds.
Sec. 104. Transfer of certain funds.
Sec. 105. Limitation.
TITLE II--NUCLEAR POWER PLANT SAFETY AND SECURITY
Sec. 201. Notification requirements.
Sec. 202. Civil monetary penalties for violations of rules,
regulations, orders, or licensing
requirements.
Sec. 203. Report of Advisory Committee on Reactor Safeguards.
Sec. 204. Carrying of firearms by licensee employees.
Sec. 205. Unauthorized introduction of dangerous weapons.
Sec. 206. Sabotage of production, utilization, or waste storage
facilities under construction.
Sec. 207. Civil penalties for violations of medical therapy licenses.
Sec. 208. Training and education for medical therapy licenses.
TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR THE NUCLEAR REGULATORY
COMMISSION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1994 AND
1995.
(a) Salaries and Expenses.--In accordance with section 261 of the
Atomic Energy Act of 1954 (42 U.S.C. 2017) and section 305 of the
Energy Reorganization Act of 1974 (42 U.S.C. 5875), there are
authorized to be appropriated to the Nuclear Regulatory Commission, to
remain available until expended--
(1) $530,200,000 for fiscal year 1994, of which $22,000,000
are authorized to be appropriated from the Nuclear Waste Fund
established by section 302(c) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10222(c)) (referred to in this title as the
``Nuclear Waste Fund''); and
(2) $541,417,000 for fiscal year 1995, of which $22,000,000
are authorized to be appropriated from the Nuclear Waste Fund.
(b) Office of the Inspector General.--In accordance with section
1105(a)(25) of title 31, United States Code, there are authorized to be
appropriated to the Office of the Inspector General of the Nuclear
Regulatory Commission, to remain available until expended--
(1) $4,800,000 for fiscal year 1994; and
(2) $5,000,000 for fiscal year 1995.
SEC. 102. ALLOCATION OF AMOUNTS AUTHORIZED.
(a) In General.--The amounts authorized to be appropriated under
section 101(a) for fiscal years 1994 and 1995 shall be allocated as
follows:
(1) Reactor safety and safeguards regulation.--Not more
than $161,002,000 for fiscal year 1994, and not more than
$166,215,000 for fiscal year 1995, may be used for reactor
safety and safeguards regulation.
(2) Reactor safety research.--Not more than $92,795,000 for
fiscal year 1994, and not more than $89,318,000 for fiscal year
1995, may be used for reactor safety research.
(3) Reactor special and independent reviews,
investigations, and enforcement.--Not more than $30,731,000 for
fiscal year 1994, and not more than $31,674,000 for fiscal year
1995, may be used for reactor special and independent reviews,
investigations, and enforcement.
(4) Nuclear material and low-level waste safety and
safeguards regulation.--Not more than $61,627,000 for fiscal
year 1994, and not more than $66,556,000 for fiscal year 1995,
may be used for nuclear material and low-level waste safety and
safeguards regulation.
(5) High-level nuclear waste regulation.--Not more than
$22,000,000 for fiscal year 1994, and not more than $22,000,000
for fiscal year 1995, from the Nuclear Waste Fund, may be used
for high-level nuclear waste regulation.
(6) Nuclear safety management and support.--Not more than
$162,045,000 for fiscal year 1994, and not more than
$165,654,000 for fiscal year 1995, may be used for nuclear
safety management and support.
(b) Limitations Concerning Reactor Safety Research.--The Nuclear
Regulatory Commission may use not more than 1 percent of the amounts
allocated under subsection (a)(2) to exercise the authority of the
Commission under section 31 a. of the Atomic Energy Act of 1954 (42
U.S.C. 2051(a)) to make grants and enter into cooperative agreements
with organizations, including universities, State and local
governments, and not-for-profit institutions. Grants made by the
Commission under such section shall be made in accordance with chapter
63 of title 31, United States Code, and other applicable law.
(c) Reallocation.--
(1) In general.--Except as provided in paragraphs (2) and
(3), an amount allocated for a fiscal year to the Nuclear
Regulatory Commission pursuant to a paragraph of subsection (a)
for the purpose of the program referred to in the paragraph,
may be reallocated by the Commission for use in a program
referred to in any other paragraph of such subsection.
(2) Limitation on reallocation.--The amount available from
appropriations for a fiscal year for use in a program referred
to in subsection (a) may not, as a result of reallocations made
under paragraph (1), be increased or reduced by more than
$500,000 until the date that is 30 days after the date on which
the Commission notifies the Committee on Energy and Commerce
and the Committee on Natural Resources of the House of
Representatives and the Committee on Environment and Public
Works of the Senate of the increase or reduction. The
notification shall contain a full and complete statement of the
reallocation to be made and the facts and circumstances relied
on in support of the reallocation.
(3) Use of certain funds.--Amounts authorized to be
appropriated from the Nuclear Waste Fund under this title may
be used only for the high-level nuclear waste activities of the
Commission and may not be reallocated for other Commission
activities.
SEC. 103. RETENTION OF FUNDS.
Amounts received by the Nuclear Regulatory Commission for the
cooperative nuclear safety research program, services rendered to
foreign governments and international organizations, and the material
and information access authorization programs (including criminal
history checks under section 149 of the Atomic Energy Act of 1954 (42
U.S.C. 2169))--
(1) notwithstanding section 3302 of title 31, United States
Code, may be retained and used, subject to appropriations, for
salaries and expenses associated with the activities referred
to in this section; and
(2) shall remain available until expended.
SEC. 104. TRANSFER OF CERTAIN FUNDS.
(a) In General.--Subject to subsection (b), from amounts
appropriated to the Nuclear Regulatory Commission pursuant to section
101(a), except for appropriations from the Nuclear Waste Fund, the
Commission may transfer amounts to the Office of the Inspector General
of the Commission.
(b) Maximum Transfer.--For each fiscal year, the total amount
transferred under subsection (a) may not exceed 5 percent of the amount
authorized to be appropriated under section 101(b) for the fiscal year.
SEC. 105. LIMITATION.
Notwithstanding any other provision of this title, no authority to
make payments under this title shall be effective except to such extent
or in such amounts as are provided in advance in appropriation Acts.
TITLE II--NUCLEAR POWER PLANT SAFETY AND SECURITY
SEC. 201. NOTIFICATION REQUIREMENTS.
Section 206 of the Energy Reorganization Act of 1974 (42 U.S.C.
5846) is amended to read as follows:
``noncompliance
``Sec. 206. (a) In General.--A person who constructs, owns,
operates, or supplies a component of a facility or activity that is
licensed or otherwise regulated by the Commission pursuant to the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) (including a
facility leased by the United States Enrichment Corporation established
under title II of the Atomic Energy Act of 1954 (42 U.S.C. 2297 et
seq.)), or pursuant to this Act, and who obtains information reasonably
indicating that the facility or activity or a basic component supplied
to the facility or activity contains a defect, or fails to comply with
the Atomic Energy Act of 1954 or an applicable rule, regulation, order,
or license of the Commission, shall immediately notify the Commission
of the defect or failure to comply--
``(1) if the defect or failure to comply could create a
substantial safety hazard (as defined by regulations issued by
the Commission); and
``(2) unless the person has actual knowledge that the
Commission has been informed in writing of the defect or
failure to comply.
``(b) Regulations.--The Commission may issue such regulations and
orders as the Commission considers necessary to ensure compliance with
this section, including regulations and orders that require a person
subject to this section to develop and implement procedures, consistent
with the notification requirements of subsection (a), to identify,
evaluate, and report defects and failures to comply.
``(c) Penalties for Failure to Notify.--
``(1) In general.--Except as provided in paragraph (2), a
person who fails to provide a notification required under
subsection (a), or who violates a regulation or order issued
under subsection (b), shall be subject to a civil penalty in
the same manner and amount as is provided for a violation that
is subject to a civil penalty under section 234 of the Atomic
Energy Act of 1954 (42 U.S.C. 2282).
``(2) Exception.--An individual who is subject to this
section solely because of the employment of the individual by a
person subject to this section shall be assessed a civil
penalty for failure to provide notice pursuant to subsection
(a) only if the individual has actual knowledge of--
``(A) the notification requirement of subsection
(a); and
``(B) a defect or a failure to comply described in
subsection (a).
``(d) Posting of Requirements.--A description of the requirements
of this section shall be prominently posted on the business premises of
a person who is required to notify the Commission of a defect or
failure to comply under subsection (a).
``(e) Inspection and Enforcement.--The Commission may conduct such
reasonable inspections, investigations, and other enforcement
activities as the Commission considers necessary to ensure compliance
with this section and with any regulations and orders issued under this
section.
``(f) Applicability.--
``(1) Definition of person.--As used in this section, the
term `person' has the same meaning as is provided in section 11
s. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(s)), except
that--
``(A) the term also includes the Department of
Energy with respect to--
``(i) a facility of the Department
regulated by the Commission; and
``(ii) an item provided by the Department
as a component to a licensee; and
``(B) the term does not include an individual
unless the individual is--
``(i) a sole proprietor or partner of a
business that constructs, owns, operates, or
supplies a component referred to in subsection
(a); or
``(ii) a director or responsible officer
employed by a person subject to such
subsection.
``(2) United states enrichment corporation.--This section
shall apply to the United States Enrichment Corporation
established under title II of the Atomic Energy Act of 1954 (42
U.S.C. 2297 et seq.) and a facility leased by the Corporation,
and a director or officer of the Corporation, to the same
extent as this section applies to any other person subject to
this section.''.
SEC. 202. CIVIL MONETARY PENALTIES FOR VIOLATIONS OF RULES,
REGULATIONS, ORDERS, OR LICENSING REQUIREMENTS.
(a) In General.--Subsection a. of section 234 of the Atomic Energy
Act of 1954 (42 U.S.C. 2282(a)) is amended to read as follows:
``a. Civil Penalties.--
``(1) In general.--A person who--
``(A) violates--
``(i) a licensing provision of section 53,
57, 62, 63, 81, 82, 101, 103, 104, 107, or 109,
or a rule, regulation, or order issued under
the provision;
``(ii) a certification provision of section
1701, or a rule or regulation issued under the
provision;
``(iii) a term, condition, or limitation of
a license or certification issued under a
section referred to in clause (i) or (ii); or
``(iv) a rule, regulation, or order issued
under subsection b., i., or o. of section 161;
or
``(B) commits a violation for which a license may
be revoked under section 186;
shall be subject to a civil penalty, to be imposed by the
Commission, of not to exceed $100,000 for each such violation.
``(2) Continuing violations.--If a violation described in
paragraph (1) continues for more than 1 day, each day of the
violation shall constitute a separate violation for the purpose
of determining the applicable civil penalty.
``(3) Modification of penalty.--The Commission may
compromise, mitigate, or remit a penalty required to be imposed
under this subsection.''.
(b) Conforming Amendments.--
(1) Section 234 of such Act (42 U.S.C. 2282) is amended--
(A) in the section heading, by inserting ``Rules,
Regulations, Orders, or'' before ``Licensing
Requirements'';
(B) by inserting after ``b.'' the following:
``Notification by the Commission.--''; and
(C) by inserting after ``c.'' the following:
``Action by the Attorney General.--''.
(2) The table of contents of such Act (42 U.S.C. prec.
2011) is amended by striking the item relating to section 234
and inserting the following new item:
``Sec. 234. Civil monetary penalties for violations of rules,
regulations, orders, or licensing
requirements.''.
SEC. 203. REPORT OF ADVISORY COMMITTEE ON REACTOR SAFEGUARDS.
The sixth sentence of section 29 of the Atomic Energy Act of 1954
(42 U.S.C. 2039) is amended by striking ``annually'' and inserting
``every 2 years''.
SEC. 204. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.
Section 161 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(k))
is amended--
(1) in the first complete sentence--
(A) by inserting ``and licensees (including
employees of contractors of licensees)'' after ``(at
any tier)''; and
(B) by striking ``owned by or contracted to the
United States or being transported to or from such
facilities'' and inserting ``owned by or contracted to
the United States or licensed by the Commission, or
being transported to or from the facilities,'';
(2) in paragraph (1) of the fourth complete sentence, by
inserting ``or a licensee of the Commission'' after ``or a
contractor of the Department of Energy or Nuclear Regulatory
Commission''; and
(3) in the last complete sentence, by inserting ``and the
Commission'' after ``The Secretary''.
SEC. 205. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.
The first sentence of section 229 a. of the Atomic Energy Act of
1954 (42 U.S.C. 2278a(a)) is amended by inserting before the period at
the end the following: ``, or a production facility, utilization
facility, or facility for the receipt, storage, or disposal of spent
nuclear fuel that is subject to the licensing authority of the
Commission under this Act or any other Act''.
SEC. 206. SABOTAGE OF PRODUCTION, UTILIZATION, OR WASTE STORAGE
FACILITIES UNDER CONSTRUCTION.
(a) In General.--Subsection a. of section 236 of the Atomic Energy
Act of 1954 (42 U.S.C. 2284(a)) is amended to read as follows:
``a. In General.--A person who intentionally and willfully destroys
or causes physical damage to, or who intentionally and willfully
attempts to destroy or cause physical damage to--
``(1) a production facility or utilization facility
licensed under this Act;
``(2) a nuclear waste storage or disposal facility licensed
by the Commission under this Act or any other Act;
``(3) a production, utilization, or waste storage or
disposal facility subject to licensing by the Commission under
this Act or any other Act during the construction of the
facility, if the destruction or damage caused or attempted to
be caused could affect public health and safety during the
operation of the facility;
``(4) a nuclear fuel for a utilization facility licensed
under this Act, or a spent nuclear fuel from such a facility;
or
``(5) a uranium enrichment facility licensed by the Nuclear
Regulatory Commission;
shall be fined not more than $10,000 or imprisoned for not more than 10
years, or both.''.
(b) Conforming Amendment.--Section 236 of such Act (42 U.S.C. 2284)
is amended by inserting after ``b.'' the following: ``Interruptions of
Normal Operation.--''.
SEC. 207. CIVIL PENALTIES FOR VIOLATIONS OF MEDICAL THERAPY LICENSES.
Section 234(a)(1) of the Atomic Energy Act of 1954 (42 U.S.C.
2282(a)(1)) (as amended by section 202) is further amended by adding at
the end the following new sentence: ``The Commission shall set a base
amount of $20,000 for a violation of section 104 if the violation is of
either a Severity Level I or II magnitude.''.
SEC. 208. TRAINING AND EDUCATION FOR MEDICAL THERAPY LICENSES.
Not later than 1 year after the date of enactment of this Act, the
Nuclear Regulatory Commission shall upgrade the education, training,
and experience requirements for those persons permitted under license
to possess nuclear byproduct materials for medical use. | TABLE OF CONTENTS:
Title I: Authorization of Appropriations for the Nuclear
Regulatory Commission
Title II: Nuclear Power Plant Safety and Security
Nuclear Regulatory Commission Authorization Act for Fiscal Years 1994 and 1995 -
Title I: Authorization of Appropriations for the Nuclear Regulatory Commission
- Authorizes appropriations for the Nuclear Regulatory Commission (NRC) for FY 1994 and 1995 for salaries and expenses and for the Office of the Inspector General. Prescribes guidelines for allocation and transfer of funds.
Title II: Nuclear Power Plant Safety and Security
- Amends the Energy Reorganization Act of 1974 to modify the notification requirements for NRC-regulated facilities that contain a defect or otherwise fail to comply with statutory safety requirements (including those leased by the United States Enrichment Corporation). Includes within such notification requirements Department of Energy (DOE) facilities regulated by the NRC and components supplied by DOE to licensees.
Amends the Atomic Energy Act of 1954 to: (1) modify the civil monetary penalties for violations of rules, regulations, orders, or licensing requirements; (2) revise from annual to biennial the dateline by which the Advisory Committee on Reactor Safeguards must report to the Congress on reactor safety research; (3) permit NRC licensees and the employees of such licensees' contractors to carry firearms at NRC facilities; (4) authorize the NRC to promulgate regulations regarding the unauthorized introduction of dangerous weapons unto facilities within its licensing purview; (5) impose criminal penalties for the sabotage of NRC-licensed production, utilization, or waste storage facilities under construction; and (6) increase the base level penalty for certain violations of a medical therapy license.
Directs the NRC to upgrade the professional requirements for persons licensed to possess nuclear byproduct materials for medical use. | Nuclear Regulatory Commission Authorization Act for Fiscal Years 1994 and 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wind Power Tax Incentives Act of
2003''.
SEC. 2. OFFSET OF PASSIVE ACTIVITY LOSSES AND CREDITS OF AN ELIGIBLE
TAXPAYER FROM WIND ENERGY FACILITIES.
(a) In General.--Section 469 of the Internal Revenue Code of 1986
(relating to passive activity losses and credits limited) is amended by
redesignating subsections (l) and (m) as subsections (m) and (n) and by
inserting after subsection (k) the following new subsection:
``(l) Offset of Passive Activity Losses and Credits From Wind
Energy Facilities.--
``(1) In general.--Subsection (a) shall not apply to the
portion of the passive activity loss, or the deduction
equivalent (within the meaning of subsection (j)(5)) of the
portion of the passive activity credit, for any taxable year
which is attributable to all interests of an eligible taxpayer
in qualified facilities described in section 45(c)(3)(A).
``(2) Eligible taxpayer.--For purposes of this subsection--
``(A) In general.--The term `eligible taxpayer'
means, with respect to any taxable year, a taxpayer the
adjusted gross income (taxable income in the case of a
corporation) of which does not exceed $1,000,000.
``(B) Rules for computing adjusted gross income.--
Adjusted gross income shall be computed in the same
manner as under subsection (i)(3)(F).
``(C) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as a single taxpayer for purposes
of this paragraph.
``(D) Pass-thru entities.--In the case of a pass-
thru entity, this paragraph shall be applied at the
level of the person to which the credit is allocated by
the entity.''
(b) Effective Date.--The amendments made by this section shall
apply to facilities placed in service after the date of the enactment
of this Act.
SEC. 3. CREDIT FOR WIND ENERGY FACILITIES OF AN ELIGIBLE TAXPAYER
ALLOWED AGAINST MINIMUM TAX.
(a) In General.--Section 38(c) of the Internal Revenue Code of 1986
(relating to limitation based on amount of tax) is amended by
redesignating paragraph (4) as paragraph (5) and by inserting after
paragraph (3) the following new paragraph:
``(4) Special rules for wind energy credit.--
``(A) In general.--In the case of the wind energy
credit of an eligible taxpayer--
``(i) this section and section 39 shall be
applied separately with respect to such credit,
and
``(ii) in applying paragraph (1) to the
credit--
``(I) the tentative minimum tax
shall be treated as being zero, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the wind
energy credit).
``(B) Wind energy credit.--For purposes of this
subsection, the term `wind energy credit' means the
portion of the renewable electric production credit
under section 45 determined with respect to a facility
using wind to produce electricity.
``(C) Eligible taxpayer.--For purposes of this
paragraph, the term `eligible taxpayer' has the meaning
given such term by section 469(l)(2).''
(b) Conforming Amendments.--Paragraphs (2)(A)(ii)(II) and
(3)(A)(ii)(II) of section 38(c) of such Code are each amended by
inserting ``or wind energy credit'' after ``employee credit''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. APPLICATION OF CREDIT TO COOPERATIVES.
(a) In General.--Section 45(d) of the Internal Revenue Code of 1986
(relating to definitions and special rules) is amended by adding at the
end the following new paragraph:
``(8) Allocation of credit to shareholders of
cooperative.--
``(A) Election to allocate.--
``(i) In general.--In the case of a
cooperative organization described in section
1381(a), any portion of the credit determined
under subsection (a) for the taxable year may,
at the election of the organization, be
apportioned pro rata among shareholders of the
organization on the basis of the capital
contributions of the shareholders to the
organization.
``(ii) Form and effect of election.--An
election under clause (i) for any taxable year
shall be made on a timely filed return for such
year. Such election, once made, shall be
irrevocable for such taxable year.
``(B) Treatment of organizations and patrons.--The
amount of the credit apportioned to any shareholders
under subparagraph (A)--
``(i) shall not be included in the amount
determined under subsection (a) with respect to
the organization for the taxable year, and
``(ii) shall be included in the amount
determined under subsection (a) for the taxable
year of the shareholder with or within which
the taxable year of the organization ends.
``(C) Special rules for decrease in credits for
taxable year.--If the amount of the credit of a
cooperative organization determined under subsection
(a) for a taxable year is less than the amount of such
credit shown on the return of the cooperative
organization for such year, an amount equal to the
excess of--
``(i) such reduction, over
``(ii) the amount not apportioned to such
shareholders under subparagraph (A) for the
taxable year,
shall be treated as an increase in tax imposed by this
chapter on the organization. Such increase shall not be
treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this subpart
or subpart A, B, E, or G.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Wind Power Tax Incentives Act of 2003 - Amends the Internal Revenue Code to allow: (1) passive activity losses and credits attributable to qualified wind energy facilities; (2) the wind energy credit to be used against the alternative minimum tax; and (3) the pass-through of a cooperative's wind energy credit to the cooperative's members. | A bill to amend the Internal Revenue Code of 1986 to encourage investment in facilities using wind to produce electricity, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Information Privacy Act of
2003''.
SEC. 2. CONFIDENTIAL TREATMENT OF CREDIT HEADER INFORMATION.
Section 603(d)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681a(d)(1)) is amended by inserting after subparagraph (C) the
following new sentence:
``The term also includes any other identifying information
of the consumer, except the name, address, and telephone number
of the consumer if listed in a residential telephone directory
available in the locality of the consumer.''.
SEC. 3. PROTECTING PRIVACY BY PROHIBITING USE OF THE SOCIAL SECURITY
NUMBER FOR COMMERCIAL PURPOSES WITHOUT CONSENT.
(a) In General.--Part A of title XI of the Social Security Act (42
U.S.C. 1301 et seq.) is amended by adding at the end the following:
``prohibition of certain misuses of the social security account number
``Sec. 1150A. (a) Prohibition of Commercial Acquisition or
Distribution.--No person may buy, sell, offer for sale, take or give in
exchange, or pledge or give in pledge any information for the purpose,
in whole or in part, of conveying by means of such information any
individual's social security account number, or any derivative of such
number, without the written consent of such individual.
``(b) Prohibition of Use as Personal Identification Number.--No
person may utilize any individual's social security account number, or
any derivative of such number, for purposes of identification of such
individual without the written consent of such individual.
``(c) Prerequisites for Consent.--In order for consent to exist
under subsection (a) or (b), the person engaged in, or seeking to
engage in, an activity described in such subsection shall--
``(1) inform the individual of all the purposes for which
the number will be utilized and the persons to whom the number
will be known; and
``(2) obtain affirmatively expressed consent in writing.
``(d) Exceptions.--Nothing in this section shall be construed to
prohibit any use of social security account numbers permitted or
required under section 205(c)(2) of this Act, section 7(a)(2) of the
Privacy Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909), or section
6109(d) of the Internal Revenue Code of 1986.
``(e) Civil Action in United States District Court; Damages;
Attorneys Fees and Costs; Nonexclusive Nature of Remedy.--
``(1) In general.--Any individual aggrieved by any act of
any person in violation of this section may bring a civil
action in a United States district court to recover--
``(A) such preliminary and equitable relief as the
court determines to be appropriate; and
``(B) the greater of--
``(i) actual damages; and
``(ii) liquidated damages of $25,000 or, in
the case of a violation that was willful and
resulted in profit or monetary gain, $50,000.
``(2) Attorney's fees and costs.--In the case of a civil
action brought under paragraph (1) in which the aggrieved
individual has substantially prevailed, the court may assess
against the respondent a reasonable attorney's fee and other
litigation costs and expenses (including expert fees)
reasonably incurred.
``(3) Statute of limitations.--No action may be commenced
under this subsection more than 3 years after the date on which
the violation was or should reasonably have been discovered by
the aggrieved individual.
``(4) Nonexclusive remedy.--The remedy provided under this
subsection shall be in addition to any other lawful remedy
available to the individual.
``(f) Civil Money Penalties.--
``(1) In general.--Any person who the Commissioner of
Social Security determines has violated this section shall be
subject, in addition to any other penalties that may be
prescribed by law, to--
``(A) a civil money penalty of not more than
$25,000 for each such violation, and
``(B) a civil money penalty of not more than
$500,000, if violations have occurred with such
frequency as to constitute a general business practice.
``(2) Determination of violations.--Any violation committed
contemporaneously with respect to the social security account
numbers of 2 or more individuals by means of mail,
telecommunication, or otherwise shall be treated as a separate
violation with respect to each such individual.
``(3) Enforcement procedures.--The provisions of section
1128A (other than subsections (a), (b), (f), (h), (i), (j), and
(m), and the first sentence of subsection (c)) and the
provisions of subsections (d) and (e) of section 205 shall
apply to civil money penalties under this subsection in the
same manner as such provisions apply to a penalty or proceeding
under section 1128A(a), except that, for purposes of this
paragraph, any reference in section 1128A to the Secretary shall be
deemed a reference to the Commissioner of Social Security.
``(4) Coordination with criminal enforcement.--The
Commissioner of Social Security shall take such actions as are
necessary and appropriate to assure proper coordination of the
enforcement of the provisions of this section with criminal
enforcement under section 1028 of title 18, United States Code
(relating to fraud and related activity in connection with
identification documents). The Commissioner shall enter into
cooperative arrangements with the Federal Trade Commission
under section 5 of the Identity Theft and Assumption Deterrence
Act of 1998 for purposes of achieving such coordination.
``(g) Regulation by States.--Nothing in this section shall be
construed to prohibit any State authority from enacting or enforcing
laws consistent with this section for the protection of privacy.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to violations occurring on and after the date which is 2
years after the date of enactment of this Act.
(c) Unfair or Deceptive Act or Practice.--Any person who refuses to
do business with an individual because the individual will not consent
to that person receiving the social security number of such individual
shall be considered to have committed an unfair or deceptive act or
practice in violation of section 5 of the Federal Trade Commission Act
(15 U.S.C. 45). Action may be taken under such section 5 against such a
person.
SEC. 4. REPEAL OF CERTAIN PROVISIONS RELATING TO DISTRIBUTION OF
CONSUMER REPORTS IN CONNECTION WITH CERTAIN TRANSACTIONS
NOT INITIATED BY THE CONSUMER.
(a) In General.--Paragraph (1) of section 604(c) of the Fair Credit
Reporting Act (15 U.S.C. 1681b(c)) is amended by striking ``any credit
or insurance transaction that is not initiated by the consumer only
if--'' and all that follows through the end of such paragraph and
inserting ``any credit or insurance transaction that is not initiated
by the consumer only if the consumer provides express written
authorization, in accordance with paragraph (2), to the agency to
provide such report in connection with any such transaction.''
(b) Full Disclosure Required.--Paragraph (2) of section 604(c) of
the Fair Credit Reporting Act (15 U.S.C. 1681b(c)) is amended to read
as follows:
``(2) Full disclosure required.--
``(A) In general.--No authorization referred to in
paragraph (1) with respect to any consumer shall be
effective unless the consumer receives a notice before
such authorization is provided which fully and fairly
discloses, in accordance with regulations which the
Federal Trade Commission and the Board of Governors of
the Federal Reserve System shall jointly prescribe,
what specifically is being authorized by the consumer
and the potential positive and negative effects the
provision of such authorization will have on the
consumer.
``(B) Form of notice.--The regulations prescribed
pursuant to subparagraph (A) shall require that the
notice required under such subparagraph--
``(i) be prominently displayed on a
document which is separate from any other
document; or
``(ii) if the notice appears on a document
with other information, be placed in a clear
and conspicuous location on such document and
appear in type face which is more conspicuous
than the type face used for any other
information on such document.''.
(c) Technical and Conforming Amendment.--Subsection (e) of section
604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended to
read as follows:
``(e) [Repealed]''.
SEC. 5. SALE OR TRANSFER OF TRANSACTION OR EXPERIENCE INFORMATION
PROHIBITED.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by adding at the end the following new section:
``Sec. 627. Transaction or experience information
``(a) In General.--No person doing business with a consumer may
sell, transfer, or otherwise provide to any other person, for the
purpose of marketing such information to any other person, any
transaction or experience information without the consumer's express
written consent.
``(b) Transaction or Experience Information Defined.--For purposes
of this section, the term `transaction or experience information' means
any information identifying the content or subject of 1 or more
transactions between the consumer and a person doing business with a
consumer, including any component part of any transaction, any brand
name involved, or any quantity or category of merchandise involved in
any part of the transaction.
``(c) Exceptions.--Subsection (a) shall not apply with respect to
the following:
``(1) Communication of transaction or experience
information solely among persons related by common ownership or
affiliated by corporate control.
``(2) Information provided pursuant to the order of a court
having jurisdiction to issue such order or pursuant to a
subpoena issued in connection with proceedings before a Federal
grand jury.
``(3) Information provided in connection with the licensing
or registration by a government agency or department, or any
transfer of such license or registration, of any personal
property bought, sold, or transferred by the consumer.
``(4) Information required to be provided in connection
with any transaction in real estate.
``(5) Information required to be provided in connection
with perfecting a security interest in personal property.
``(6) Information relating to the amount of any transaction
or any credit extended in connection with a transaction with a
consumer.''.
(b) Technical and Conforming Amendment.--Section 603(d)(2)(A) is
amended by striking ``(A)
any--'' and inserting ``(A) subject to section 627,
any--''.
(c) Clerical Amendment.--The table of sections for the Fair Credit
Reporting Act is amended by adding at the end the following new item:
``627. Transaction or experience information.''. | Personal Information Privacy Act of 2003 - Amends the Fair Credit Reporting Act to redefine the term "consumer report" to exclude identifying information listed in a local telephone directory (thereby ensuring that the personal identification information in the credit headers accompanying credit reports of unlisted individuals remains confidential).Amends part A (General Provisions) of title XI of the Social Security Act to prohibit the commercial acquisition or distribution of an individual's social security number (or any derivative of it), as well as its use as a personal identification number, without the individual's written consent. Provides for: (1) civil money penalties and civil action in U.S. District Court by an aggrieved individual; and (2) coordination with criminal enforcement of identification document fraud.Amends the Fair Credit Reporting Act to prohibit a consumer reporting agency from providing a report in connection with a credit or insurance transaction not initiated by the consumer without the consumer's written consent. Requires full consumer disclosure before such consent shall be effective.Prohibits, with specified exceptions, a person doing business with a consumer from selling or transferring for marketing purposes any transaction or experience information (as defined by this Act) without the consumer's written consent. | To protect the privacy of the individual with respect to the Social Security number and other personal information, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights History Project Act of
2008''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds as follows:
(1) A fundamental principle of American democracy is that
individuals should stand up for their rights and beliefs and
fight for justice.
(2) The actions of those who participated in the Civil
Rights movement from the 1950's through the 1960's are a
shining example of this principle in action, demonstrated in
events as varied as the Montgomery Bus Boycott, the sit-ins,
the Freedom Rides, the March on Washington, the drive for
voting rights in Mississippi, and the March to Selma.
(3) While the Civil Rights movement had many visible
leaders, including Thurgood Marshall, Dr. Martin Luther King,
Jr., and Rosa Parks, there were many others whose impact and
experience were just as important to the cause but who are not
as well known.
(4) The participants in the Civil Rights movement possess
an invaluable resource in their first-hand memories of the
movement, and the recording of the retelling of their stories
and memories will provide a rich, detailed history of our
Nation during an important and tumultuous period.
(5) It is in the Nation's interest to undertake a project
to collect oral histories of individuals from the Civil Rights
movement so future generations will be able to learn of their
struggle and sacrifice through primary-source, eyewitness
material. A coordinated Federal project would also focus
attention on the efforts undertaken by various public and
private entities to collect and interpret articles in all
formats relating to the Civil Rights movement, and serve as a
model for future projects undertaken in museums, libraries, and
universities throughout the Nation.
(6) The Library of Congress and the Smithsonian Institution
are appropriate repositories to collect, preserve, and make
available to the public a collection of these oral histories.
The Library and Smithsonian have expertise in the management of
documentation projects, and experience in the development of
cultural and educational programs for the public.
(b) Purpose.--It is the purpose of this Act to create a new
federally sponsored, authorized, and funded project that will
coordinate at a national level the collection of video and audio
recordings of personal histories and testimonials of individuals who
participated in the American Civil Rights movement that will build upon
and complement previous and ongoing documentary work on this subject,
and to assist and encourage local efforts to preserve the memories of
such individuals so that Americans of all current and future
generations may hear from them directly and better appreciate the
sacrifices they made.
SEC. 3. ESTABLISHMENT OF JOINT PROJECT AT LIBRARY OF CONGRESS AND
NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE
TO COLLECT VIDEO AND AUDIO RECORDINGS OF HISTORIES OF
PARTICIPANTS IN AMERICAN CIVIL RIGHTS MOVEMENT.
(a) Establishment of Project.--
(1) In general.--Within the limits of available funds, the
Librarian of Congress (hereafter referred to as the
``Librarian'') and the Secretary of the Smithsonian Institution
(hereafter referred to as the ``Secretary''), acting jointly,
shall establish an oral history project--
(A) to survey, during the initial phase of the
project, collections of audio and video recordings of
the reminiscences of participants in the Civil Rights
movement that are housed in archives, libraries,
museums, and other educational institutions, as well as
ongoing documentary work, in order to augment and
complement these endeavors and avoid duplication of
effort;
(B) to solicit, reproduce, and collect--
(i) video and audio recordings of personal
histories and testimonials of individuals who
participated in the Civil Rights movement, and
(ii) visual and written materials (such as
letters, diaries, photographs, and ephemera)
relevant to the personal histories of
individuals;
(C) to create a collection of the recordings and
other materials obtained, and to catalog and index the
collection in a manner the Librarian and the Secretary
consider appropriate; and
(D) to make the collection available for public use
through the Library of Congress and the National Museum
of African American History and Culture, as well as
through such other methods as the Librarian and the
Secretary consider appropriate.
(2) Role of director of museum.--The Secretary shall carry
out the Secretary's duties under this Act through the Director
of the National Museum of African American History and Culture.
(b) Use of and Consultation With Other Entities.--The Librarian and
the Secretary may carry out the activities described in subsection
(a)(1) through agreements and partnerships entered into with other
government and private entities, and may otherwise consult with
interested persons (within the limits of available resources) and
develop appropriate guidelines and arrangements for soliciting,
acquiring, and making available recordings under the project under this
Act.
(c) Services of Experts and Consultants; Acceptance of Volunteer
Services; Advance Payments.--In carrying out activities described in
subsection (a)(1), the Librarian and the Secretary may--
(1) procure temporary and intermittent services under
section 3109 of title 5, United States Code;
(2) accept and utilize the services of volunteers and other
uncompensated personnel and reimburse them for travel expenses,
including per diem, as authorized under section 5703 of title
5, United States Code; and
(3) make advances of money and payments in advance in
accordance with section 3324 of title 31, United States Code.
(d) Timing.--As soon as practicable after the enactment of this
Act, the Librarian and the Secretary shall begin collecting video and
audio recordings and other materials under subsection (a)(1), and shall
attempt to collect the first such recordings from the oldest
individuals involved.
(e) Definition.--In this Act, the term ``Civil Rights movement''
means the movement to secure racial equality in the United States for
African Americans that, focusing on the period 1954 through 1968,
challenged the practice of racial segregation in the Nation and
achieved equal rights legislation for all American citizens.
SEC. 4. PRIVATE SUPPORT FOR CIVIL RIGHTS HISTORY PROJECT.
(a) Encouraging Solicitation and Acceptance of Donations.--The
Librarian of Congress and the Secretary are encouraged to solicit and
accept donations of funds and in-kind contributions to support
activities under section 3.
(b) Dedication of Funds Provided to Library of Congress.--
Notwithstanding any other provision of law--
(1) any funds donated to the Librarian of Congress to
support the activities of the Librarian under section 3 shall
be deposited entirely into an account established for such
purpose;
(2) the funds contained in such account shall be used
solely to support such activities; and
(3) the Librarian of Congress may not deposit into such
account any funds donated to the Librarian which are not
donated for the exclusive purpose of supporting such
activities.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $500,000 for fiscal year 2009; and
(2) such sums as may be necessary for each of the fiscal
years 2010 through 2013.
Passed the House of Representatives September 17, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Civil Rights History Project Act of 2008 - Requires the Secretary of the Smithsonian Institution (acting through the Director of the National Museum of African American History and Culture) and the Librarian of Congress, within the limit of available funds, to establish an oral history project, focusing on 1954 through 1968, to: (1) survey existing collections of audio and video recordings of the reminiscences of Civil Rights movement participants; (2) collect such recordings and relevant visual and written materials; and (3) make the resulting collection available for public use through the Museum and the Library of Congress.
Encourages the Secretary and the Librarian to solicit and accept financial and in-kind donations for the project.
Authorizes appropriations. | To direct the Librarian of Congress and the Secretary of the Smithsonian Institution to carry out a joint project at the Library of Congress and the National Museum of African American History and Culture to collect video and audio recordings of personal histories and testimonials of individuals who participated in the Civil Rights movement, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clone Pager Authorization Act of
1996''.
SEC. 2. WIRE AND ELECTRONIC COMMUNICATIONS.
Section 2511(2)(h) of title 18, United States Code, is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) by redesignating clause (ii) as clause (iii); and
(3) by inserting after clause (i) the following new clause:
``(ii) to use a clone pager (as that term is defined in
section 3127(5) of this title);''.
SEC. 3. AMENDMENT OF CHAPTER 206.
Chapter 206 of title 18, United States Code, is amended--
(1) in the chapter heading, by striking ``AND TRAP AND
TRACE DEVICES'' and inserting ``, TRAP AND TRACE DEVICES, AND
CLONE PAGERS'';
(2) in the chapter analysis--
(A) by striking ``and trap and trace device'' each
place that term appears and inserting ``trap and trace
device, and clone pager''; and
(B) by striking ``or a trap and trace device'' each
place that term appears and inserting ``, a trap and
trace device, or a clone pager'';
(3) in section 3121--
(A) in the section heading, by striking ``and trap
and trace device'' and inserting ``, trap and trace
device, and clone pager''; and
(B) by striking ``or a trap and trace device'' each
place that term appears and inserting ``, a trap and
trace device, or a clone pager'';
(4) in section 3122--
(A) in the section heading, by striking ``or a trap
and trace device'' and inserting ``, a trap and trace
device, or a clone pager''; and
(B) by striking ``or a trap and trace device'' each
place that term appears and inserting ``, a trap and
trace device, or a clone pager'';
(5) in section 3123--
(A) in the section heading, by striking ``or a trap
and trace device'' and inserting ``, a trap and trace
device, or a clone pager'';
(B) in subsection (a), by striking ``or a trap and
trace device'' and inserting ``, a trap and trace
device, or a clone pager'';
(C) in subsection (b)(1)--
(i) in subparagraph (A), by inserting
before the semicolon the following: ``, or in
the case of a clone pager, the identity, if
known, of the person to whom is leased or in
whose name is listed the paging device to which
the clone pager is identically programmed'';
and
(ii) in subparagraph (D), by inserting
before the semicolon the following: ``, or in
the case of a clone pager, the number of the
paging device to which the clone pager is
identically programmed''; and
(D) in subsection (d)--
(i) in the subsection heading, by striking
``or Trap and Trace Device'' and inserting ``,
Trap and Trace Device, or Clone Pager''; and
(ii) in paragraph (2), by inserting ``or
the paging device to which the clone pager is
identically programmed,'' after ``attached,'';
(6) in section 3124--
(A) in the section heading, by striking ``or a trap
and trace device'' and inserting ``, a trap and trace
device, or a clone pager'';
(B) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(C) by inserting after subsection (b) the
following:
``(c) Clone Pager.--Upon the request of an attorney for the
government or an officer of a law enforcement agency authorized to
acquire and use a clone pager under this chapter, a Federal court may
order, in accordance with section 3123(b)(2), a provider of a paging
service or other person to furnish to such investigative or law
enforcement officer, all information, facilities, and technical
assistance necessary to accomplish the programming and use of the clone
pager unobtrusively and with a minimum of interference with the
services that the person so ordered by the court accords the party with
respect to whom the programming and use is to take place.'';
(7) in section 3125--
(A) in the section heading, by striking ``and trap
and trace device'' and inserting ``, trap and trace
device, and clone pager'';
(B) in subsection (a)--
(i) by striking ``or a trap and trace
device'' and inserting ``, a trap and trace
device, or a clone pager''; and
(ii) by striking the quotation marks at the
end; and
(C) by striking ``or trap and trace device'' each
place that term appears and inserting ``, trap and
trace device, or clone pager'';
(8) in section 3126--
(A) in the section heading, by striking ``and trap
and trace devices'' and inserting ``, trap and trace
devices, and clone pagers''; and
(B) by inserting ``or clone pagers'' after
``devices''; and
(9) in section 3127--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively; and
(B) by inserting after paragraph (4), the
following:
``(5) the term `clone pager' means a device that--
``(A) is programmed identically to any numeric
digital display paging device; and
``(B) allows the user to receive messages at the
same time as the user of the paging device;''. | Clone Pager Authorization Act of 1996 - Amends the Federal criminal code to authorize the use of a clone pager (defined as a device that is programmed identically to any numeric digital display paging device and that allows the user to receive messages at the same time as the user of the paging device).
Modifies provisions regarding the use of pen registers and trap and trace devices to cover the use of clone pagers.
Authorizes a Federal court, upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to acquire and use a clone pager, to order a provider of a paging service or other person to furnish to such investigative or law enforcement officer all information, facilities, and technical assistance necessary to accomplish the programming and use of such pager unobtrusively and with a minimum of interference with the paging services provided. | Clone Pager Authorization Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Driver Compliance
Improvement Act''.
SEC. 2. ELECTRONIC ON-BOARD RECORDING DEVICES.
(a) Amendments.--Subchapter III of chapter 311 of title 49, United
States Code, is amended--
(1) in section 31132--
(A) by redesignating paragraphs (2) through (11) as
paragraphs (4) through (13), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) `driving time' has the meaning given such term under
section 395.2 of title 49, Code of Federal Regulations.
``(3) `electronic on-board recording device' means an
electronic device that--
``(A) is capable of recording a driver's duty hours
of service and duty status accurately and
automatically; and
``(B) meets the requirements under section
395.16(b) of title 49, Code of Federal Regulations.'';
and
(2) in section 31137--
(A) in the section heading, by striking
``Monitoring device'' and inserting ``Electronic on-
board recording devices''; and
(B) by amending subsection (a) to read as follows:
``(a) Electronic On-Board Recording Devices.--All commercial motor
vehicles involved in interstate commerce and operated by a driver
subject to the hours of service and the record of duty status
requirements under part 395 of title 49, Code of Federal Regulations,
shall be equipped with an electronic on-board recording device to
improve compliance with hours of service regulations under such
part.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the effective date of the final regulations prescribed
by the Secretary of Transportation pursuant to section 3.
SEC. 3. RULEMAKING.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Transportation shall prescribe
final regulations to carry out section 31137 of title 49, United States
Code, as amended by section 2.
(b) Performance Requirements and Certification Criteria.--
(1) Performance requirements.--The regulations prescribed
by the Secretary under this section shall establish performance
requirements that require each electronic on-board recording
device to--
(A) be integrally synchronized with the vehicle's
engine control module;
(B) identify each driver subject to the hours of
service and record of duty status requirements under
part 395 of title 49, Code of Federal Regulations;
(C) accurately record driving time;
(D) provide real-time recording of the vehicle's
location;
(E) enable law enforcement personnel to access the
information contained in the device during roadside
inspections; and
(F) be tamper resistant.
(2) Certification criteria.--
(A) In general.--The regulations prescribed by the
Secretary under this section shall establish the
criteria and a process for the certification of
electronic on-board recording devices to ensure that
such devices meet the performance requirements under
this section.
(B) Effect of noncertification.--Electronic on-
board recording devices that are not certified in
accordance with the certification process referred to
in subparagraph (A) shall not be acceptable evidence of
hours of service and record of duty status requirements
under part 395 of title 49, Code of Federal
Regulations.
(3) Additional requirements.--The regulations prescribed by
the Secretary under this section shall--
(A) define a standardized user interface to aid
vehicle operator compliance and law enforcement
reviews;
(B) establish a secure process for standardized and
unique vehicle operator identification, data access,
data transfer for vehicle operators between motor
vehicles, data storage for motor carriers, and data
transfer and transportability for law enforcement; and
(C) establish a standard security level for
electronic on-board recording devices to be tamper
resistant.
(c) Effective Date; Applicability.--Beginning on a date that is not
later than 3 years after the date of the enactment of this Act, the
regulations prescribed pursuant to this section shall apply to all
motor carriers, commercial motor vehicles, and vehicle operators
subject to the hours of service and the record of duty status
requirements under part 395 of title 49, Code of Federal Regulations. | Commercial Driver Compliance Improvement Act - Requires all commercial motor vehicles involved in interstate commerce and operated by a driver subject to both federal hours-of-service and record of duty status requirements, in order to improve compliance with federal hours-of-service regulations, to be equipped with an electronic on-board recording device meeting performance requirements and certification criteria and certain other requirements prescribed by the Secretary of Transportation (DOT). | A bill to require the use of electronic on-board recording devices in motor carriers to improve compliance with hours of service regulations. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cuban Military
Transparency Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Statement of policy.
Sec. 4. Prohibitions on financial transactions with the Ministry of the
Revolutionary Armed Forces or the Ministry
of the Interior of Cuba.
Sec. 5. Inclusion in Department of State rewards program of rewards for
information leading to the arrest or
conviction of individuals responsible for
the February 24, 1996, attack on United
States aircraft.
Sec. 6. Coordination with INTERPOL.
Sec. 7. Report on the role of the Ministry of the Revolutionary Armed
Forces and the Ministry of the Interior of
Cuba in the economy and foreign
relationships of Cuba.
Sec. 8. Report on use and ownership of confiscated property.
Sec. 9. Termination.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In his December 17, 2014, announcement to pursue the
normalization of relations with Cuba, President Barack Obama
stated, ``I believe that more resources should be able to reach
the Cuban people. So we're significantly increasing the amount
of money that can be sent to Cuba, and removing limits on
remittances that support humanitarian projects, the Cuban
people, and the emerging Cuban private sector.''.
(2) In his January 14, 2011, comments on the easing of
travel sanctions, President Barack Obama also stated, ``These
measures will increase people-to-people contact; support civil
society in Cuba; enhance the free flow of information to, from,
and among the Cuban people; and help promote their independence
from Cuban authorities.''.
(3) Article 18 of the 1976 Constitution of Cuba reads,
``The State directs and controls foreign commerce.''.
(4) The largest company in Cuba is the Grupo Gaesa (Grupo
de Administracion Empresarial S.A.), founded by General Raul
Castro Ruz in the 1990s, controlled and operated by the Cuban
military, which oversees all investments, and run by General
Raul Castro's son-in-law, General Luis Alberto Rodriguez Lopez-
Callejas.
(5) On June 3, 2015, the United States House of
Representatives voted overwhelmingly in support of a provision
prohibiting exports to the Cuban military and security services
in the Fiscal Year 2016 Commerce, Justice, and Science
Appropriations bill (H.R. 2578), with a recorded vote of 153 to
273 in opposition to House Amendment 308 to strike that
provision.
(6) The Cuban military, through its tourism conglomerates,
is currently operating resort facilities in properties
confiscated from United States citizens.
(7) In 2003, a United States grand jury indicted General
Ruben Martinez Puente, head of the Cuban Air Force, and two
Cuban Air Force pilots, Col. Lorenzo Alberto Perez-Perez and
Francisco Perez-Perez, on four counts of murder, two counts of
destruction of aircraft, and one count of conspiracy to kill
United States nationals for their roles in the February 24,
1996, attack by Cuban military jets over international waters
on two United States civilian Cessna planes operated by the
Brothers To The Rescue humanitarian organization.
(8) The 2003 United States indictment against Cuban
military officials is the only outstanding indictment against
senior military officials from a country designated by the
United States as a ``state sponsor of terrorism'' for the
murder of United States nationals.
(9) In a December 17, 2014, article in Politico, United
States Representative James McGovern (D-MA) stated that General
Raul Castro admitted to giving the order to shoot down the
United States civilian planes that resulted in the murder of
those United States nationals in 1996. ``I gave the order. I'm
the one responsible.'', Castro told McGovern.
(10) One of the Cuban spies exchanged in the December 17,
2014, deal by President Obama with the Cuban regime was Gerardo
Hernandez, who was serving a life sentence for murder
conspiracy in the deaths of three United States citizens,
Armando Alejandre, Jr., Carlos Costa, Mario de la Pena, and
permanent resident of the United States, Pablo Morales.
(11) According to a July 16, 2013, article in The New York
Times, the Cuban military played a central role in the 2013
trafficking incident that involved more than 240 metric tons of
heavy weapons, including fully fueled MiG fighter jets,
missiles, and air defense systems, to North Korea.
(12) A United Nations panel of experts found that the
trafficking incident described in paragraph (11) violated
United Nations Security Council sanctions and was the largest
weapons cache ever intercepted being transported to or from
North Korea. The Cuban military refused to cooperate with
United Nations investigators.
(13) According to a March 5, 2015, article in The
Washington Times, in February 2015, the Colombian authorities
intercepted a Chinese-flagged vessel carrying a clandestine
shipment of war materiel destined for the Cuban military, via
one of its shadow companies, TecnoImport S.A. The shipment,
disguised as grain products, included 99 rockets, 3,000 cannon
shells, 100 tons of military-grade dynamite and 2,600,000
detonators.
(14) According to a March 25, 2014, article in The New York
Times and an April 15, 2014, Financial Times article, the Cuban
military has provided military intelligence, weapons training,
strategic planning, and security logistics to the military and
security forces of Venezuela, which has contributed to the
subversion of democratic institutions and violent suppression
of peaceful protests in Venezuela.
(15) The Cuba 2013 Human Rights Report prepared by the
Department of State states that ``the military maintained
effective control over the security forces, which committed
human rights abuses against civil rights activists and other
citizens alike.''.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support the efforts of the people of Cuba to promote
the establishment of basic freedoms in Cuba, including a
democratic political system in which the military and other
security forces are under the control of democratically elected
civilian leaders;
(2) to ensure that legal travel and trade with Cuba by
citizens and residents of the United States does not serve to
enrich or empower the military or other security forces of Cuba
run by the Castro family;
(3) to support the emergence of a government in Cuba that
does not oppress the people of Cuba and does not use its
military or other security forces to persecute, intimidate,
arrest, imprison, or assassinate dissidents;
(4) to bring to justice in the United States the officials
of Cuba involved in the February 24, 1996, attack of two United
States civilian Cessna aircraft by Cuban military jets over
international waters; and
(5) to counter the efforts of Cuba, through military and
other assistance, to promote repression elsewhere in the
Western Hemisphere, especially in Venezuela.
SEC. 4. PROHIBITIONS ON FINANCIAL TRANSACTIONS WITH THE MINISTRY OF THE
REVOLUTIONARY ARMED FORCES OR THE MINISTRY OF THE
INTERIOR OF CUBA.
(a) In General.--Except as provided in subsection (b), beginning on
the date that is 30 days after the date of the enactment of this Act,
and notwithstanding any other provision of law, a United States person
shall not engage in any financial transaction with, or transfer of
funds to, any of the following:
(1) The Ministry of the Revolutionary Armed Forces of Cuba,
the Ministry of the Interior of Cuba, or any subdivision of
either such Ministry.
(2) Any agency, instrumentality, or other entity that is
operated or controlled by an entity specified in paragraph (1).
(3) Any agency, instrumentality, or other entity owned by
an entity specified in paragraph (1) in a percentage share
exceeding 25 percent.
(4) An individual who is a senior member of the Ministry of
the Revolutionary Armed Forces of Cuba or the Ministry of the
Interior of Cuba.
(5) Any agency, instrumentality, or other entity that is
operated or controlled by an individual specified in paragraph
(4).
(6) Any individual or entity--
(A) for the purpose of avoiding a financial
transaction with, or transfer of funds to, an
individual or entity specified in any of paragraphs (1)
through (5); or
(B) for the benefit of an individual or entity
specified in any of paragraphs (1) through (5).
(b) Exceptions.--The prohibitions on financial transactions and
transfers of funds under subsection (a) shall not apply with respect
to--
(1) the sale of agricultural commodities, medicines, and
medical devices sold to Cuba consistent with the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C.
7201 et seq.);
(2) a remittance to an immediate family member;
(3) payments in furtherance of the lease agreement, or
other financial transactions necessary for maintenance and
improvements of the military base at Guantanamo Bay, Cuba,
including any adjacent areas under the control or possession of
the United States;
(4) assistance or support in furtherance of democracy-
building efforts for Cuba described in section 109 of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6039); or
(5) customary and routine financial transactions necessary
for the maintenance, improvements, or regular duties of the
United States Interests Section in Havana, including outreach
to the pro-democracy opposition.
(c) Implementation; Penalties.--
(1) Implementation.--The President shall exercise all
authorities under sections 203 and 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to
carry out this section, except that the President--
(A) shall not issue any general license
authorizing, or otherwise authorize, any activity
prohibited under subsection (a); and
(B) shall require any United States person seeking
to engage in a financial transaction or transfer of
funds prohibited under subsection (a) to submit a
written request to the Office of Foreign Assets Control
of the Department of the Treasury.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (a) or any regulation, license, or order issued to
carry out subsection (a) shall be subject to the penalties set
forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to
the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(d) United States Person Defined.--In this section, the term
``United States person'' means--
(1) a United States citizen or alien admitted for permanent
residence to the United States; and
(2) an entity organized under the laws of the United States
or any jurisdiction within the United States.
SEC. 5. INCLUSION IN DEPARTMENT OF STATE REWARDS PROGRAM OF REWARDS FOR
INFORMATION LEADING TO THE ARREST OR CONVICTION OF
INDIVIDUALS RESPONSIBLE FOR THE FEBRUARY 24, 1996, ATTACK
ON UNITED STATES AIRCRAFT.
Section 36(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708(b)) is amended--
(1) in paragraph (9), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (10), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(11) the arrest or conviction in any country of any
individual responsible for committing, conspiring or attempting
to commit, or aiding or abetting in the commission of the
attack on the aircraft of United States persons in
international waters by the military of Cuba on February 24,
1996.''.
SEC. 6. COORDINATION WITH INTERPOL.
The Attorney General, in coordination with the Secretary of State,
shall seek to coordinate with the International Criminal Police
Organization (INTERPOL) to pursue the location and arrest of United
States fugitives in Cuba, including current and former members of the
military of Cuba, such as those individuals who committed, conspired or
attempted to commit, or aided or abetted in the commission of the
attack on the aircraft of United States persons in international waters
by the military of Cuba on February 24, 1996, with a view to
extradition or similar lawful action, including through the circulation
of international wanted notices (commonly referred to as ``Red
Notices'').
SEC. 7. REPORT ON THE ROLE OF THE MINISTRY OF THE REVOLUTIONARY ARMED
FORCES AND THE MINISTRY OF THE INTERIOR OF CUBA IN THE
ECONOMY AND FOREIGN RELATIONSHIPS OF CUBA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for three years, the
President shall submit to Congress a report on the role of the Ministry
of the Revolutionary Armed Forces and the Ministry of the Interior of
Cuba with respect to the economy of Cuba.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An identification of entities the United States
considers to be owned, operated, or controlled, in whole or in
part, by the Ministry of the Revolutionary Armed Forces or the
Ministry of the Interior of Cuba or any senior member of the
Ministry of the Revolutionary Armed Forces or the Ministry of
the Interior of Cuba.
(2) An assessment of the business dealings with countries
and entities outside of Cuba conducted by entities identified
under paragraph (1) and officers of the Ministry of the
Revolutionary Armed Forces or the Ministry of the Interior of
Cuba.
(3) An assessment of the relationship of the Ministry of
the Revolutionary Armed Forces and the Ministry of the Interior
of Cuba with the militaries of foreign countries, including
whether either such Ministry has conducted joint training,
exercises, financial dealings, or weapons purchases or sales
with such militaries or provided advisors to such militaries.
(c) Form of Report.--Each report submitted under subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 8. REPORT ON USE AND OWNERSHIP OF CONFISCATED PROPERTY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for three years, the
President shall submit to Congress a report on the confiscation of
property and the use of confiscated property by the Ministry of the
Revolutionary Armed Forces and the Ministry of the Interior of Cuba.
(b) Definitions.--In this section, the terms ``confiscated'' and
``confiscation'' have the meanings given those terms in section 401 of
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6091).
SEC. 9. TERMINATION.
The provisions of this Act shall terminate on the date on which the
President submits to Congress a determination under section 203(c)(3)
of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996
(22 U.S.C. 6063(c)(3)) that a democratically elected government in Cuba
is in power. | Cuban Military Transparency Act This bill prohibits a U.S. person from engaging in any financial transaction with or transfer of funds to: the Ministry of the Revolutionary Armed Forces of Cuba or the Ministry of the Interior of Cuba (or any of their subdivisions); a senior member of such Ministries; any agency, instrumentality, or other entity that is more than 25% owned, or that is operated or controlled by, such a Ministry; or any individual or entity for the purpose of avoiding a prohibited financial transaction or transfer of funds that is for the benefit of that individual or entity. Such prohibitions shall not apply to: the sale to Cuba of agricultural commodities, medicines, and medical devices; a remittance to an immediate family member; assistance in furtherance of democracy-building efforts for Cuba; payments in furtherance of the lease agreement or other financial transactions necessary for maintenance and improvements of the military base at Guantanamo Bay; or customary and routine financial transactions necessary for the maintenance or regular duties of the U.S. Interests Section in Havana, including outreach to the pro-democracy opposition. A person that violates or attempts to violate such prohibitions shall be subject to specified penalties under the International Emergency Economic Powers Act. The Department of State rewards program under the State Department Basic Authorities Act of 1956 shall include rewards for information leading to the arrest or conviction in any country of any individual responsible for or aiding in the February 1996 attack on the aircraft of U.S. persons in international waters by the Cuban military. The Attorney General shall seek to coordinate with the International Criminal Police Organization (INTERPOL) to pursue the location and arrest of U.S. fugitives in Cuba, including current and former members of the Cuban military. | Cuban Military Transparency Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hoh Indian Tribe Safe Homelands
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
approximately 37-acre parcel of land--
(A) administered by the National Park Service;
(B) located in sec. 20, T. 26N, R. 13W, W.M., south of the
Hoh River; and
(C) depicted on the Map.
(2) Map.--The term ``Map'' means the map entitled ``Hoh Indian
Tribe Safe Homelands Act Land Acquisition Map'' and dated May 14,
2009.
(3) Non-federal land.--The term ``non-Federal land'' means the
approximately 434 acres of land--
(A) owned by the Tribe; and
(B) depicted on the Map.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) Tribe.--The term ``Tribe'' means the Hoh Indian Tribe.
SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF TRIBE.
(a) Federal Land.--
(1) In general.--Effective beginning on the date of enactment
of this Act--
(A) all right, title, and interest of the United States in
and to the Federal land are considered to be held in trust by
the United States for the benefit of the Tribe, without any
action required to be taken by the Secretary; and
(B) the Federal land shall be excluded from the boundaries
of Olympic National Park.
(2) Survey by tribe.--
(A) In general.--The Tribe shall--
(i) conduct a survey of the boundaries of the Federal
land; and
(ii) submit the survey to the Director of the National
Park Service for review and concurrence.
(B) Action by director.--Not later than 90 days after the
date on which the survey is submitted under subparagraph
(A)(ii), the Director of the National Park Service shall--
(i) complete the review of the survey; and
(ii) provide to the Tribe a notice of concurrence with
the survey.
(C) Availability of survey.--Not later than 120 days after
the date on which the notice of concurrence is provided to the
Tribe under subparagraph (B)(ii), the Secretary shall--
(i) submit a copy of the survey to the appropriate
committees of Congress; and
(ii) make the survey available for public inspection at
the appropriate office of the Secretary.
(b) Non-Federal Land.--
(1) In general.--On fulfillment of each condition described in
paragraph (2), and in accordance with the regulations of the
Department of the Interior for implementing the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are
applicable to trust land acquisitions for Indian tribes that are
mandated by Federal legislation, the Secretary shall take the non-
Federal land into trust for the benefit of the Tribe.
(2) Conditions.--The conditions referred to in paragraph (1)
are that the Tribe shall--
(A) convey to the Secretary all right, title, and interest
in and to the non-Federal land; and
(B) submit to the Secretary a request to take the non-
Federal land into trust for the Tribe.
(c) Congressional Intent.--It is the intent of Congress that--
(1) the condition of the Federal land as in existence on the
date of enactment of this Act should be preserved and protected;
(2) the natural environment existing on the Federal land on the
date of enactment of this Act should not be altered, except as
otherwise provided by this Act; and
(3) the Tribe and the National Park Service shall work
cooperatively regarding issues of mutual concern relating to this
Act.
(d) Availability of Map.--Not later than 120 days after the survey
required by subsection (a)(2)(A) has been reviewed and concurred in by
the National Park Service, the Secretary shall make the Map available
to the appropriate congressional committees. The Map also shall be
available for public inspection at the appropriate offices of the
Secretary.
SEC. 4. USE OF FEDERAL LAND BY TRIBE; COOPERATIVE EFFORTS.
(a) Use of Federal Land by Tribe.--
(1) Restrictions on use.--The use of the Federal land by the
Tribe shall be subject to the following conditions:
(A) Buildings and structures.--No commercial, residential,
industrial, or other building or structure shall be constructed
on the Federal land.
(B) Natural condition and environment.--The Tribe--
(i) shall preserve and protect the condition of the
Federal land as in existence on the date of enactment of
this Act; and
(ii) shall not carry out any activity that would
adversely affect the natural environment of the Federal
land, except as otherwise provided by this Act.
(C) Logging and hunting.--To maintain use of the Federal
land as a natural wildlife corridor and provide for protection
of existing resources of the Federal land, no logging or
hunting shall be allowed on the Federal land.
(D) Roads.--
(i) Routine maintenance.--Routine maintenance may be
conducted on the 2-lane county road that crosses the
Federal land as in existence on the date of enactment of
this Act.
(ii) Expansion.--The county road described in clause
(i) may not be widened or otherwise expanded.
(iii) Reconstruction.--If the county road described in
clause (i) is compromised due to a flood or other natural
or unexpected occurrence, the county road may be
reconstructed to ensure access to relevant areas.
(iv) Other access routes.--Except as provided in clause
(iii) and subsection (b)(2), no other road or access route
shall be permitted on the Federal land.
(2) Uses approved by treaty.--
(A) In general.--The Tribe may authorize any member of the
Tribe to use the Federal land for--
(i) ceremonial purposes; or
(ii) any other activity approved by a treaty between
the United States and the Tribe.
(B) No effect on treaty rights of tribe.--Nothing in this
Act affects any treaty right of the Tribe in existence on the
date of enactment of this Act.
(b) Cooperative Efforts.--The Secretary and the Tribe--
(1) shall enter into cooperative agreements--
(A) for joint provision of emergency fire aid, on
completion of the proposed emergency fire response building of
the Tribe; and
(B) to provide opportunities for the public to learn more
regarding the culture and traditions of the Tribe;
(2) may develop and establish on land taken into trust for the
benefit of the Tribe pursuant to this Act a multipurpose,
nonmotorized trail from Highway 101 to the Pacific Ocean; and
(3) shall work cooperatively on any other issues of mutual
concern relating to land taken into trust for the benefit of the
Tribe pursuant to this Act.
SEC. 5. GAMING PROHIBITION.
The Tribe may not conduct on any land taken into trust pursuant to
this Act any gaming activities--
(1) as a matter of claimed inherent authority; or
(2) under any Federal law (including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) (including any regulations
promulgated by the Secretary or the National Indian Gaming
Commission pursuant to that Act)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Hoh Indian Tribe Safe Homelands Act - Declares that certain federal land in the state of Washington shall be: (1) held in trust by the United States for the benefit of the Hoh Indian Tribe: and (2) part of the Tribe's reservation. Excludes such land from the Olympic National Park.
Directs the Tribe to: (1) conduct a federal land survey; and (2) submit the survey to the Director of the National Park Service for review and concurrence.
Directs the Secretary, upon conveyance of specified nonfederal land owned by the Tribe, to take such land into trust for the benefit of the Tribe.
Prohibits on the federal land: (1) the placement of commercial, residential, or industrial buildings or other structures; (2) any actions that would adversely affect the natural environment; or (3) logging and hunting activities.
Directs the Secretary and the Tribe to make cooperative agreements: (1) for mutual emergency fire aid; and (2) to provide opportunities for the public to learn more about the Tribe's culture and traditions.
Authorizes the Secretary and the Tribe to establish on the land taken into trust a multipurpose nonmotorized trail from Highway 101 to the Pacific Ocean.
Prohibits gaming on land taken into trust under this Act. | To transfer certain land to the United States to be held in trust for the Hoh Indian Tribe, to place land into trust for the Hoh Indian Tribe, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Temporary Unemployment Compensation
Act of 2001''.
SEC. 2. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State which desires to do so may enter into
and participate in an agreement under this Act with the Secretary of
Labor (hereinafter in this Act referred to as the ``Secretary''). Any
State which is a party to an agreement under this Act may, upon
providing 30 days' written notice to the Secretary, terminate such
agreement.
(b) Provisions of Agreement.--
(1) In general.--Any agreement under subsection (a) shall
provide that the State agency of the State will make--
(A) payments of regular compensation to individuals
in amounts and to the extent that they would be
determined if the State law were applied with the
modifications described in paragraph (2), and
(B) payments of temporary supplemental unemployment
compensation to individuals who--
(i) have exhausted all rights to regular
compensation under the State law,
(ii) do not, with respect to a week, have
any rights to compensation (excluding extended
compensation) under the State law of any other
State (whether one that has entered into an
agreement under this Act or otherwise) nor
compensation under any other Federal law (other
than under the Federal-State Extended
Unemployment Compensation Act of 1970), and are
not paid or entitled to be paid any additional
compensation under any State or Federal law,
and
(iii) are not receiving compensation with
respect to such week under the unemployment
compensation law of Canada.
(2) Modifications described.--The modifications described
in this paragraph are as follows:
(A) An individual shall be eligible for regular
compensation if the individual would be so eligible,
determined by applying--
(i) the base period that would otherwise
apply under the State law if this Act had not
been enacted, or
(ii) a base period ending at the close of
the calendar quarter most recently completed
before the date of the individual's application
for benefits,
whichever results in the greater amount.
(B) An individual shall not be denied regular
compensation under the State law's provisions relating
to availability for work, active search for work, or
refusal to accept work, solely by virtue of the fact
that such individual is seeking, or available for, only
part-time (and not full-time) work.
(C) The amount of regular compensation (including
dependents' allowances) payable for any week shall be
equal to the amount determined under the State law
(before the application of this subparagraph), plus an
additional--
(i) 15 percent, or
(ii) $25,
whichever is greater.
(c) Nonreduction Rule.--Under the agreement, subsection (b)(2)(C)
shall not apply (or shall cease to apply) with respect to a State upon
a determination by the Secretary that the method governing the
computation of regular compensation under the State law of that State
has been modified in a way such that--
(1) the average weekly amount of regular compensation which
will be payable during the period of the agreement (determined
disregarding the modifications described in subsection (b)(2))
will be less than
(2) the average weekly amount of regular compensation which
would otherwise have been payable during such period under the
State law, as in effect on September 11, 2001.
(d) Coordination Rules.--
(1) Regular compensation payable under a federal law.--The
modifications described in subsection (b)(2) shall also apply
in determining the amount of benefits payable under any Federal
law to the extent that those benefits are determined by
reference to regular compensation payable under the State law
of the State involved.
(2) TSUC to serve as second-tier benefits.--Notwithstanding
any other provision of law, extended benefits shall not be
payable to any individual for any week for which temporary
supplemental unemployment compensation is payable to such
individual.
(e) Exhaustion of Benefits.--For purposes of subsection
(b)(1)(B)(i), an individual shall be considered to have exhausted such
individual's rights to regular compensation under a State law when--
(1) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period, or
(2) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year with
respect to which such rights existed.
(f) Weekly Benefit Amount, Terms and Conditions, etc. Relating to
TSUC.--For purposes of any agreement under this Act--
(1) the amount of temporary supplemental unemployment
compensation which shall be payable to an individual for any
week of total unemployment shall be equal to the amount of
regular compensation (including dependents' allowances) payable
to such individual under the State law for a week for total
unemployment during such individual's benefit year,
(2) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
shall apply to claims for temporary supplemental unemployment
compensation and the payment thereof, except where inconsistent
with the provisions of this Act or with the regulations or
operating instructions of the Secretary promulgated to carry
out this Act, and
(3) the maximum amount of temporary supplemental
unemployment compensation payable to any individual for whom a
temporary supplemental unemployment compensation account is
established under section 3 shall not exceed the amount
established in such account for such individual.
SEC. 3. TEMPORARY SUPPLEMENTAL UNEMPLOYMENT COMPENSATION ACCOUNT.
(a) In General.--Any agreement under this Act shall provide that
the State will establish, for each eligible individual who files an
application for temporary supplemental unemployment compensation, a
temporary supplemental unemployment compensation account.
(b) Amount in Account.--
(1) In general.--The amount established in an account under
subsection (a) shall be equal to the lesser of--
(A) 50 percent of the total amount of regular
compensation (including dependents' allowances) payable
to him during his benefit year under such law, or
(B) 13 times his weekly benefit amount.
(2) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any week
is the amount of regular compensation (including dependents'
allowances) under the State law payable to such individual for
such week for total unemployment.
(3) Rule of construction.--For purposes of any computation
under paragraph (1) (and any determination of amount under
section 2(f)(1)), the modification described in section
2(b)(2)(C) (relating to increased benefits) shall be deemed to
have been in effect with respect to the entirety of the benefit
year involved.
SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS UNDER THIS ACT.
(a) General Rule.--There shall be paid to each State which has
entered into an agreement under this Act an amount equal to--
(1) 100 percent of any regular compensation made payable to
individuals by such State by virtue of the modifications which
are described in section 2(b)(2) and deemed to be in effect
with respect to such State pursuant to section 2(b)(1)(A),
(2) 100 percent of any regular compensation--
(A) which is paid to individuals by such State by
reason of the fact that its State law contains
provisions comparable to the modifications described in
section 2(b)(2)(A)-(B), but only
(B) to the extent that those amounts would, if such
amounts were instead payable by virtue of the State
law's being deemed to be so modified pursuant to
section 2(b)(1)(A), have been reimbursable under
paragraph (1), and
(3) 100 percent of the temporary supplemental unemployment
compensation paid to individuals by the State pursuant to such
agreement.
(b) Determination of Amount.--Sums under subsection (a) payable to
any State by reason of such State having an agreement under this Act
shall be payable, either in advance or by way of reimbursement (as may
be determined by the Secretary), in such amounts as the Secretary
estimates the State will be entitled to receive under this Act for each
calendar month, reduced or increased, as the case may be, by any amount
by which the Secretary finds that the Secretary's estimates for any
prior calendar month were greater or less than the amounts which should
have been paid to the State. Such estimates may be made on the basis of
such statistical, sampling, or other method as may be agreed upon by
the Secretary and the State agency of the State involved.
(c) Administrative Expenses, etc.--There is hereby appropriated out
of the employment security administration account of the Unemployment
Trust Fund (as established by section 901(a) of the Social Security
Act) $500,000,000 to reimburse States for the costs of the
administration of agreements under this Act (including any improvements
in technology in connection therewith) and to provide reemployment
services to unemployment compensation claimants in States having
agreements under this Act. Each State's share of the amount
appropriated by the preceding sentence shall be determined by the
Secretary according to the factors described in section 302(a) of the
Social Security Act and certified by the Secretary to the Secretary of
the Treasury.
SEC. 5. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account (as established by section 905(a) of the Social Security Act),
and the Federal unemployment account (as established by section 904(g)
of the Social Security Act), of the Unemployment Trust Fund shall be
used, in accordance with subsection (b), for the making of payments
(described in section 4(a)) to States having agreements entered into
under this Act.
(b) Certification.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
described in section 4(a) which are payable to such State under this
Act. The Secretary of the Treasury, prior to audit or settlement by the
General Accounting Office, shall make payments to the State in
accordance with such certification by transfers from the extended
unemployment compensation account (or, to the extent that there are
insufficient funds in that account, from the Federal unemployment
account) to the account of such State in the Unemployment Trust Fund.
SEC. 6. FRAUD AND OVERPAYMENTS.
(a) In General.--If an individual knowingly has made, or caused to
be made by another, a false statement or representation of a material
fact, or knowingly has failed, or caused another to fail, to disclose a
material fact, and as a result of such false statement or
representation or of such nondisclosure such individual has received
any regular compensation or temporary supplemental unemployment
compensation under this Act to which he was not entitled, such
individual--
(1) shall be ineligible for any further benefits under this
Act in accordance with the provisions of the applicable State
unemployment compensation law relating to fraud in connection
with a claim for unemployment compensation, and
(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(b) Repayment.--In the case of individuals who have received any
regular compensation or temporary supplemental unemployment
compensation under this Act to which they were not entitled, the State
shall require such individuals to repay those benefits to the State
agency, except that the State agency may waive such repayment if it
determines that--
(1) the payment of such benefits was without fault on the
part of any such individual, and
(2) such repayment would be contrary to equity and good
conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the amount to
be repaid, or any part thereof, by deductions from any regular
compensation or temporary supplemental unemployment
compensation payable to such individual under this Act or from
any unemployment compensation payable to such individual under
any Federal unemployment compensation law administered by the
State agency or under any other Federal law administered by the
State agency which provides for the payment of any assistance
or allowance with respect to any week of unemployment, during
the 3-year period after the date such individuals received the
payment of the regular compensation or temporary supplemental
unemployment compensation to which they were not entitled,
except that no single deduction may exceed 50 percent of the
weekly benefit amount from which such deduction is made.
(2) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a determination
has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination
has become final.
(d) Review.--Any determination by a State agency under this section
shall be subject to review in the same manner and to the same extent as
determinations under the State unemployment compensation law, and only
in that manner and to that extent.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) In general.--The terms ``compensation'', ``regular
compensation'', ``extended compensation'', ``additional
compensation'', ``benefit year'', ``base period'', ``State'',
``State agency'', ``State law'', and ``week'' have the
respective meanings given such terms under section 205 of the
Federal-State Extended Unemployment Compensation Act of 1970,
subject to paragraph (2).
(2) State law and regular compensation.--In the case of a
State entering into an agreement under this Act--
(A) ``State law'' shall be considered to refer to
the State law of such State, applied in conformance
with the modifications described in section 2(b)(2),
subject to section 2(c), and
(B) ``regular compensation'' shall be considered to
refer to such compensation, determined under its State
law (applied in the manner described in subparagraph
(A)),
except as otherwise provided or where the context clearly
indicates otherwise.
SEC. 8. APPLICABILITY.
(a) In General.--An agreement entered into under this Act shall
apply to weeks of unemployment--
(1) beginning after the date on which such agreement is
entered into, and
(2) ending before January 1, 2003.
(b) Specific Rules.--Under such an agreement--
(1) the modification described in section 2(b)(2)(A)
(relating to alternative base periods) shall not apply except
in the case of initial claims filed after September 11, 2001,
(2) the modifications described in section 2(b)(2)(B)-(C)
(relating to part-time employment and increased benefits,
respectively) shall apply to weeks of unemployment (described
in subsection (a)), irrespective of the date on which an
individual's claim for benefits is filed, and
(3) the payments described in section 2(b)(1)(B) (relating
to temporary supplemental unemployment compensation) shall not
apply except in the case of individuals exhausting their rights
to regular compensation (as described in clause (i) thereof)
after September 11, 2001. | Temporary Unemployment Compensation Act of 2001 - Provides for a program of temporary supplemental unemployment compensation (TSUC).Sets forth TSUC program requirements for Federal-State agreements, formulas for determining amounts in individual TSUC accounts and weekly benefits, payments to States, and financing. Includes among eligibility requirements an individual's not having rights, with respect to a week, to other compensation (excluding extended compensation).Applies TSUC agreements to weeks of unemployment: (1) beginning after the date on which such an agreement is entered into; and (2) ending before January 1, 2003. Makes a modification relating to part-time employment and increased benefits applicable to weeks of unemployment in such TSUC agreement period, regardless of the date on which an individual's claim for benefits is filed. Makes a modification relating to alternative base periods applicable only to initial claims filed after September 11, 2001. Makes TSUC payments applicable only to individuals exhausting their rights to regular compensation after September 11, 2001. | To provide for a program of temporary enhanced unemployment benefits. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Missing Mercury in Manufacturing
Monitoring and Mitigation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mercury and mercury compounds are highly toxic to
humans, ecosystems, and wildlife;
(2) as many as 10 percent of women in the United States of
childbearing age have mercury in their bloodstreams at a level
that could pose risks to their unborn babies, and as many as
630,000 children born annually in the United States are at risk
of neurological problems relating to mercury exposure in utero;
(3) the most significant source of mercury exposure to
people in the United States is ingestion of mercury-
contaminated fish;
(4) the long-term solution to mercury pollution is to
minimize global mercury use and releases of mercury to
eventually achieve reduced contamination levels in the
environment, rather than reducing fish consumption, since
uncontaminated fish represents a critical and healthy source of
nutrition for people worldwide;
(5) mercury pollution is a transboundary pollutant that--
(A) is deposited locally, regionally, and globally;
and
(B) affects bodies of water near industrial areas,
such as the Great Lakes, as well as bodies of water in
remote areas, such as the Arctic Circle;
(6) of the approximately 30 plants in the United States
that produce chlorine, only 7 use the obsolete ``mercury cell''
chlor-alkali process, and 4 have not yet committed to phasing
out mercury use;
(7) an estimated additional 24,000 to 30,000 tons of
mercury are used at mercury cell chlor-alkali plants worldwide;
(8)(A) less than 10 percent of the total quantity of
chlorine and caustic soda produced in the United States comes
from the chlor-alkali plants described in paragraph (7) that
use the mercury cell chlor-alkali process;
(B) cost-effective alternatives are available and in use in
the remaining 90 percent of chlorine and caustic soda
production; and
(C) other countries, including Japan, have already banned
the mercury cell chlor-alkali process;
(9) the chlor-alkali industry acknowledges that--
(A) mercury can contaminate products manufactured
at mercury cell facilities; and
(B) the use of some of those products results in
the direct and indirect release of mercury;
(10) despite those quantities of mercury known to have been
used or to be in use, neither the chlor-alkali industry nor the
Environmental Protection Agency is able--
(A) to adequately account for the disposition of
the mercury used at those facilities; or
(B) to accurately estimate current mercury
emissions; and
(11) it is critically important that the United States work
aggressively toward the minimization of supply, demand, and
releases of mercury, both domestically and internationally.
SEC. 3. STATEMENT OF POLICY.
Congress declares that the United States should develop policies
and programs that will--
(1) reduce mercury use and emissions within the United
States;
(2) reduce mercury releases from the reservoir of mercury
currently in use or circulation within the United States; and
(3) reduce exposures to mercury, particularly exposures of
women of childbearing age and young children.
SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.
(a) In General.--Title I of the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) is amended by inserting after section 6 the
following:
``SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.
``(a) Definitions.--In this section:
``(1) Chlor-alkali facility.--The term `chlor-alkali
facility' means a facility used for the manufacture of chlorine
or caustic soda using a mercury cell process.
``(2) Hazardous waste; solid waste.--The terms `hazardous
waste' and `solid waste' have the meanings given those terms in
section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903).
``(b) Prohibition.--Effective beginning January 1, 2012, the
manufacture of chlorine or caustic soda using mercury cells is
prohibited in the United States.
``(c) Reporting.--
``(1) In general.--Not later than April 1, 2009, and
annually thereafter through April 1, 2012, the owner or
operator of each chlor-alkali facility shall submit to the
Administrator and the State in which the chlor-alkali facility
is located a report that identifies--
``(A) each type and quantity of mercury-containing
hazardous waste and nonhazardous solid waste generated
by the chlor-alkali facility during the preceding
calendar year;
``(B) the mercury content of the wastes;
``(C) the manner in which each waste was managed,
including the location of each offsite location to
which the waste was transported for subsequent handling
or management;
``(D) the volume of mercury released, intentionally
or unintentionally, into the air or water by the chlor-
alkali facility, including mercury released from
emissions or vaporization;
``(E) the volume of mercury estimated to have
accumulated in pipes and plant equipment of the chlor-
alkali facility, including a description of--
``(i) the applicable volume for each type
of equipment; and
``(ii) methods of accumulation; and
``(F) the quantity and forms of mercury found in
all products produced for sale by the chlor-alkali
facility.
``(2) Avoidance of duplication.--To avoid duplication, the
Administrator may permit the owner or operator of a facility
described in paragraph (1) to combine and submit the report
required under this subsection with any report required to be
submitted by the owner or operator under subtitle C of the
Solid Waste Disposal Act (42 U.S.C. 6921 et seq.).
``(d) Inventory.--
``(1) In general.--For each chlor-alkali facility that
ceases operations on or after January 1, 2009, not later than 1
year after the date of cessation of operations, the
Administrator, in consultation with the State in which the
facility is located, shall conduct a comprehensive mercury
inventory covering the life and closure of the chlor-alkali
facility, taking into account--
``(A) the total quantity of mercury purchased to
start and operate the chlor-alkali facility;
``(B) the total quantity of mercury remaining in
mercury cells and other equipment at the time of
closure of the chlor-alkali facility;
``(C) the estimated quantity of mercury in
hazardous waste, nonhazardous solid waste, and products
generated at the chlor-alkali facility during the
operational life of the chlor-alkali facility; and
``(D) the estimated aggregate mercury releases from
the chlor-alkali facility into air and other
environmental media.
``(2) Records and information.--In carrying out paragraph
(1), the Administrator shall obtain mercury purchase records
and such other information from each chlor-alkali facility as
are necessary to determine, as accurately as practicable from
available information, the magnitude and nature of mercury
releases from the chlor-alkali facility into air and other
environmental media.''.
(b) Conforming Amendment.--The table of contents of the Toxic
Substances Control Act (15 U.S.C. 2601 note) is amended by inserting
after the item relating to section 6 the following:
``Sec. 6A. Use of mercury in chlorine and caustic soda
manufacturing.''. | Missing Mercury in Manufacturing Monitoring and Mitigation Act - Declares that the United States should develop policies and programs that will reduce: (1) mercury use and emissions; (2) mercury releases from the reservoir of mercury currently in use or circulation; and (3) exposures to mercury, particularly of women of childbearing age and young children.
Amends the Toxic Substances Control Act to prohibit the manufacture of chlorine or caustic soda using mercury cells, effective January 1, 2012. Requires the owner or operator of each chlor-alkali facility to submit to the Environmental Protection Agency (EPA) Administrator and the state in which the facility is located an annual report for 2009-2012 concerning mercury waste, emissions, and content in products.
Requires the Administrator to : (1) conduct a comprehensive mercury inventory covering the life and closure of chlor-alkali facilities that cease operations on or after January 1, 2009; and (2) obtain mercury purchase records and such other information from each such facility as are necessary to determine the magnitude and nature of mercury releases from the facility into air and other environmental media. | To amend the Toxic Substances Control Act to phase out the use of mercury in the manufacture of chlorine and caustic soda, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``G.I. Advanced Education in Science
and Technology Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States is starting to lose dominance in
science and technology.
(2) Increasingly the mothers and fathers of scientific and
technological invention are not American, and the number of new
doctorates in the sciences, and the number of doctoral students
from other countries staying in the United States, are on the
decline.
(3) This decline has serious implications for jobs,
industry, and national security in the United States.
(4) Shortages in the science and technology base of the
United States will be addressed, in part, by creating a
scientific and technology doctoral study program in the
sciences of engineering, mathematics, and technology for
veterans.
SEC. 3. STIPENDS FOR PURSUIT OF DOCTORAL DEGREES IN SCIENCE AND
TECHNOLOGY.
(a) In General.--Chapter 30 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER V--STIPENDS FOR VETERANS PURSUING DOCTORAL DEGREES IN
SCIENCE OR TECHNOLOGY
``Sec. 3041. Stipend for pursuit of certain doctoral degrees
``(a) In General.--Subject to the availability of appropriations
for such purpose, the Secretary shall pay a monthly stipend to each
eligible doctoral candidate under this subchapter for each month that
the candidate is pursuing full-time a doctoral degree in the sciences
of engineering, mathematics, or other technology disciplines.
``(b) Eligible Doctoral Candidates Defined.--In this subchapter,
the term `eligible doctoral candidate' means an individual who meets
the following requirements:
``(1) The individual meets the requirements that apply
under section 3011 for entitlement to basic educational
assistance under subchapter II of this title, other than
requirement under subsection (c) of such section 3011 (relating
to reductions in basic pay).
``(2) The individual is pursuing full-time a doctoral
degree in the sciences of engineering, mathematics, or
technology disciplines, after having completed a bachelor's
degree program in any academic discipline at an institution of
higher education.
``(c) Relation to Basic Montgomery GI Bill Educational
Assistance.--Payment of educational assistance under this subchapter is
in addition to payment of educational assistance under subchapter II or
III of this chapter.
``Sec. 3042. Duration of payments
``Payments of stipends under section 3041 of this title to an
eligible doctoral candidate may be made for a period not to exceed a
total of 60 months.
``Sec. 3043. Amount of stipend
``(a) In General.--Subject to subsection (b), the Secretary shall
pay to an eligible doctoral candidate pursuing a course at an
institution of higher learning leading to a doctoral degree referred to
in section 3041(a) of this title at the monthly rate of $1,200.
``(b) Adjustment for Inflation.--With respect to any fiscal year
beginning after fiscal year 2007, the Secretary shall provide a
percentage increase (rounded to the nearest dollar) in the rate payable
under subsection (a) equal to the percentage by which--
``(1) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the June 30
preceding the beginning of the fiscal year for which the
increase is made, exceeds
``(2) such Consumer Price Index for the 12-month period
preceding the 12-month period described in paragraph (1).
``Sec. 3044. Requirements
``Payments of stipends under section 3041 of this title to an
eligible doctoral candidate may be made only insofar as the eligible
doctoral candidate--
``(1) has been accepted into an accredited doctoral program
at an institution of higher learning;
``(2) provides annual documentation to the Secretary of
full-time matriculation in the doctoral program; and
``(3) maintains good academic standing.
``Sec. 3045. Time limitation for payment of stipends
``The period during which the Secretary may make payments of
stipends under section 3041 of this title to an eligible doctoral
candidate under this subchapter expires at the end of the 10-year
period beginning on the date on which the eligible doctoral candidate
is discharged or released from active duty in the Armed Forces.''.
(b) Conforming Amendments.--(1) Section 3011 of such title is
amended in subsection (f)(1) and (g) by striking ``chapter'' each place
it appears and inserting ``subchapter''.
(2) Section 3018A(a) of such title is amended by striking
``education assistance under this chapter'' and inserting ``educational
assistance under this subchapter''.
(3) Section 3018B of such title is amended by striking ``education
assistance under this chapter'' each place it appears and inserting
``educational assistance under this subchapter''.
(4) Section 3018C of such title is amended by striking
``educational assistance under this chapter'' each place it appears and
inserting ``educational assistance under this subchapter''.
(5) Section 3019 of such title is amended by striking ``chapter''
each place it appears and inserting ``subchapter''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of title 38, United States Code, is amended by adding at the
end the following new items:
``subchapter v--stipends for veterans pursuing doctoral degrees in
science or technology
``3041. Stipend for pursuit of certain doctoral degrees.
``3042. Duration of payments.
``3043. Amount of stipend.
``3044. Requirements.
``3045. Time limitation for payment of stipends.''. | G.I. Advanced Education in Science and Technology Act - Directs the Secretary of Veterans Affairs to pay a monthly stipend to each individual who is entitled to veterans' basic educational assistance and is pursuing full-time a doctoral degree in the sciences of engineering, mathematics, or other technology disciplines. Allows such payment in addition to any other authorized Montgomery GI Bill educational assistance.
Makes such payment $1,200 a month (adjusted for inflation for fiscal years after 2005) for up to 60 months. | To amend title 38, United States Code, to provide for the payment of stipends to veterans who pursue doctoral degrees in science or technology. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia and United
States Territories Circulating Quarter Dollar Program Act''.
SEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS HONORING THE DISTRICT OF
COLUMBIA AND EACH OF THE TERRITORIES.
Section 5112 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(r) Redesign and Issuance of Circulating Quarter Dollar Honoring
the District of Columbia and Each of the Territories.--
``(1) Redesign in 2009.--
``(A) In general.--Notwithstanding the fourth
sentence of subsection (d)(1) and subsection (d)(2) and
subject to paragraph (6)(B), quarter dollar coins
issued during 2009, shall have designs on the reverse
side selected in accordance with this subsection which
are emblematic of the District of Columbia and the
territories.
``(B) Flexibility with regard to placement of
inscriptions.--Notwithstanding subsection (d)(1), the
Secretary may select a design for quarter dollars
issued during 2009 in which--
``(i) the inscription described in the
second sentence of subsection (d)(1) appears on
the reverse side of any such quarter dollars;
and
``(ii) any inscription described in the
third sentence of subsection (d)(1) or the
designation of the value of the coin appears on
the obverse side of any such quarter dollars.
``(2) Single district or territory design.--The design on
the reverse side of each quarter dollar issued during 2009
shall be emblematic of one of the following: The District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
``(3) Selection of design.--
``(A) In general.--Each of the 6 designs required
under this subsection for quarter dollars shall be--
``(i) selected by the Secretary after
consultation with--
``(I) the chief executive of the
District of Columbia or the territory
being honored, or such other officials
or group as the chief executive officer
of the District of Columbia or the
territory may designate for such
purpose; and
``(II) the Commission of Fine Arts;
and
``(ii) reviewed by the Citizens Coinage
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 District or territorial officials,
artists from the District of Columbia or the territory,
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.
``(4) Treatment as numismatic items.--For purposes of
sections 5134 and 5136, all coins minted under this subsection
shall be considered to be numismatic items.
``(5) 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) Timing and order of issuance.--Coins minted
under this subsection honoring the District of Columbia
and each of the territories shall be issued in equal
sequential intervals during 2009 in the following
order: the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
``(6) Other provisions.--
``(A) Application in event of admission as a
state.--If the District of Columbia or any territory
becomes a State before the end of the 10-year period
referred to in subsection (l)(1), subsection (l)(7)
shall apply, and this subsection shall not apply, with
respect to such State.
``(B) Application in event of independence.--If any
territory becomes independent or otherwise ceases to be
a territory or possession of the United States before
quarter dollars bearing designs which are emblematic of
such territory are minted pursuant to this subsection,
this subsection shall cease to apply with respect to
such territory.
``(7) Territory defined.--For purposes of this subsection,
the term `territory' means the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.''.
December 9 (legislative day, December 8), 2006.
Attest:
KAREN L. HAAS,
Clerk. | District of Columbia and United States Territories Circulating Quarter Dollar Program Act - Authorizes the Secretary of the Treasury to issue during 2009 redesigned quarter dollars commemorating the District of Columbia and the U.S. Territories, including the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. | To provide for a circulating quarter dollar coin program to honor the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire Safety Education Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Nation's fire losses are estimated at 5,000 deaths
and 29,000 injuries annually, producing an economic loss
conservatively estimated at $10,000,000,000 a year plus more
than $1,000,000,000 a year in health care costs;
(2) sustained and targeted fire safety education at the
State and local levels, particularly in identifiable high-risk
populations, produces dramatic results in preventing fires,
fire deaths, and dollar loss from fire;
(3) in recent years, the Nation's fire departments have
seen their fire safety education budgets cut dramatically and,
in many cases, eliminated;
(4) there is a need to expand the availability of State and
local fire prevention programs and supporting resources and
materials to help State agencies and local fire departments in
carrying out effective public education;
(5) fire departments in other countries with fewer fire
deaths per capita than the United States spend an average of 4-
10 percent of their budgets on fire prevention, versus less
than 3 percent for United States departments; and
(6) only by accurately collecting and analyzing data on
fire deaths, injuries and dollar loss can the Nation's fire
departments pinpoint the populations and regions where they
most need to direct their educational efforts, thus leading to
a more efficient and effective use of resources.
SEC. 3. FIRE SAFETY EDUCATION.
(a) Awards.--The Administrator may enter into contracts,
cooperative agreements, or grants with eligible entities to obtain and
distribute at the State and local level fire safety and prevention
education programs and supporting educational resources.
(b) Use of Funds.--Of the amounts received by an entity under
subsection (a)--
(1) not more than 25 percent may be used for statewide fire
safety and prevention programs;
(2) not more than 25 percent may be used to implement new
regional or local fire safety and prevention programs targeting
high risk populations; and
(3) at least 50 percent shall be used for awards of not
more than $10,000 for existing regional or local fire safety
and prevention programs that have been demonstrated to be
effective in preventing fires, fire deaths and injuries, and
dollar losses from fire.
SEC. 4. DATA COLLECTION.
The Administrator may enter into contracts, cooperative agreements,
or grants with States for the purpose of implementing the revised
National Fire Incident Reporting System, established under section 9 of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2208),
to improve and enhance the collection and analysis of fire data at the
State and local levels.
SEC. 5. APPLICATIONS.
Each eligible entity desiring a contract, cooperative agreement, or
grant under this Act shall submit an application to the Administrator
at such time, in such manner, and accompanied by such information as
the Administrator may reasonably require.
SEC. 6. REPORTS AND EVALUATION.
(a) Annual Report to Administrator.--An entity receiving funds
under section 3 shall prepare and submit to the Administrator an annual
report which contains such information as the Administrator may
require. At a minimum, the report shall describe the program activities
undertaken with such funds, including--
(1) any program that has been developed directly or
indirectly by the entity, and the target population of such
program;
(2) support materials that have been obtained and the
method by which such materials are distributed; and
(3) any initiatives undertaken by the entity to develop
public-private partnerships to secure non-Federal support for
the development and distribution of programs and material in
furtherance of this Act.
(b) Report to Congress.--The Administrator shall prepare and submit
to the Congress an annual report which includes a description of the
programs undertaken and materials developed and distributed by entities
receiving funds under section 3.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Fire Safety Education.--For the purposes of carrying out
section 3 of this Act, there are authorized to be appropriated
$10,000,000 for each of the fiscal years 1996 and 1997, of which no
more than $500,000 may be spent in any fiscal year on administrative
costs.
(b) Data Collection.--For the purposes of carrying out section 4 of
this Act, there are authorized to be appropriated $2,500,000 for fiscal
year 1995, of which no more than $300,000 shall be spent on
administrative costs.
SEC. 8. DEFINITIONS.
As used in this Act--
(1) the term ``Administrator'' means the Administrator of
the United States Fire Administration;
(2) the term ``eligible entity'' means the office of the
State fire marshal for a State or an equivalent State office
having primary responsibility for fire safety and prevention in
the State;
(3) the term ``fire safety and prevention education
programs'' includes publications, audiovisual presentations,
and demonstrations; and
(4) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, and any other territory or
possession of the United States. | Fire Safety Education Act - Authorizes the Administrator of the United States Fire Administration to enter into contracts, cooperative agreements, or grants with entities to obtain and distribute at the State and local level fire safety and prevention education programs and supporting educational resources.
Authorizes the Administrator to enter into contracts, cooperative agreements, or grants with States for the purpose of implementing the revised National Fire Incident Reporting System to improve the collection and analysis of fire data at the State and local levels.
Authorizes appropriations. | Fire Safety Education Act |
SECTION 1. FINANCIAL ASSISTANCE FOR SUPPORTIVE SERVICES FOR VERY LOW-
INCOME VETERAN FAMILIES IN PERMANENT HOUSING.
(a) Short Title.--This Act may be cited as the ``Services To
Prevent Veterans Homelessness Act''.
(b) Purpose.--The purpose of this Act is to facilitate the
provision of supportive services for very low-income veteran families
in permanent housing.
(c) Authorization of Financial Assistance.--
(1) In general.--Subchapter V of chapter 20 of title 38,
United States Code, is amended by adding at the end the
following new subchapter:
``Sec. 2044. Financial assistance for supportive services for very low-
income veteran families in permanent housing
``(a) Distribution of Financial Assistance.--
``(1) In general.--The Secretary shall provide financial
assistance to eligible entities approved under this section to
provide and coordinate the provision of supportive services
described in subsection (b) for very low-income veteran
families occupying permanent housing.
``(2) Per diem payments.--Financial assistance under this
section shall consist of per diem payments for each such family
for which an approved eligible entity is providing or
coordinating the provision of supportive services.
``(3) Formula.--The Secretary shall establish a formula to
determine the rate of per diem payments to be provided with
respect to very low-income veteran families provided supportive
services under this section. This rate shall be adjusted not
less than annually to reflect changes in the cost of living. In
calculating the per diem formula under this paragraph, the
Secretary may consider geographic cost of living variances,
family size, and the cost of services provided.
``(4) Preference.--In providing financial assistance under
paragraph (1), the Secretary shall give preference to entities
providing or coordinating the provision of supportive services
for very low-income veteran families who are transitioning from
homelessness to permanent housing.
``(5) Geographic distribution.--The Secretary shall ensure
that, to the extent practicable, financial assistance under
this subsection is equitably distributed across geographic
regions, including rural communities and tribal lands.
``(6) Notice.--Each entity receiving financial assistance
under this section to provide supportive services to a very
low-income veteran family shall notify that family that such
services are being paid for, in whole or in part, by the
Department of Veterans Affairs.
``(7) Reporting requirement.--The Secretary may require
entities receiving financial assistance under this section to
submit a report to the Secretary that describes the projects
carried out with such financial assistance.
``(b) Supportive Services.--The supportive services referred to in
subsection (a) are the following:
``(1) Services provided by an eligible entity or
subcontractors that address the needs of very low-income
veteran families occupying permanent housing, including--
``(A) outreach services;
``(B) health care services, including diagnosis,
treatment, and counseling for mental health and
substance abuse disorders and for post-traumatic stress
disorder, if such services are not readily available
through the Department of Veterans Affairs medical
center serving the geographic area in which the veteran
family is housed;
``(C) habilitation and rehabilitation services;
``(D) case management services;
``(E) daily living services;
``(F) personal financial planning;
``(G) transportation services;
``(H) vocational counseling;
``(I) employment and training;
``(J) educational services;
``(K) assistance in obtaining veterans benefits and
other public benefits, including health care provided
by the Department;
``(L) assistance in obtaining income support;
``(M) assistance in obtaining health insurance;
``(N) fiduciary and representative payee services;
``(O) legal services to assist the veteran family
with reconsiderations or appeals of veterans and public
benefit claim denials and to resolve outstanding
warrants that interfere with the family's ability to
obtain or retain housing or supportive services;
``(P) child care;
``(Q) housing counseling;
``(R) other services necessary for maintaining
independent living; and
``(S) coordination of services under this
paragraph.
``(2) Services described in paragraph (1) that are
delivered to very low-income veteran families who are homeless
and who are scheduled to become residents of permanent housing
within 90 days pending the location or development of housing
suitable for permanent housing.
``(3) Services described in paragraph (1) for very low-
income veteran families who have voluntarily chosen to seek
other housing after a period of tenancy in permanent housing,
that are provided, for a period of 90 days after such families
exit permanent housing or until such families commence receipt
of other housing services adequate to meet their current needs,
but only to the extent that services under this paragraph are
designed to support such families in their choice to transition
into housing that is responsive to their individual needs and
preferences.
``(c) Application for Financial Assistance.--
``(1) In general.--An eligible entity seeking financial
assistance under subsection (a) shall submit an application to
the Secretary in such form, in such manner, and containing such
commitments and information as the Secretary determines to be
necessary to carry out this section.
``(2) Contents.--Each application submitted by an eligible
entity under paragraph (1) shall contain--
``(A) a description of the supportive services
proposed to be provided by the eligible entity;
``(B) a description of the types of very low-income
veteran families proposed to be provided such services;
``(C) an estimate of the number of very low-income
veteran families proposed to be provided such services;
``(D) evidence of the experience of the eligible
entity in providing supportive services to very low-
income veteran families;
``(E) a description of the managerial capacity of
the eligible entity to--
``(i) coordinate the provision of
supportive services with the provision of
permanent housing, by the eligible entity or by
other organizations;
``(ii) continuously assess the needs of
very low-income veteran families for supportive
services;
``(iii) coordinate the provision of
supportive services with the services of the
Department;
``(iv) tailor supportive services to the
needs of very low-income veteran families; and
``(v) continuously seek new sources of
assistance to ensure the long-term provision of
supportive services to very low-income veteran
families.
``(3) Selection criteria.--The Secretary shall establish
criteria for the selection of eligible entities to be provided
financial assistance under this section.
``(d) Technical Assistance.--
``(1) In general.--The Secretary shall provide training and
technical assistance to participating eligible entities
regarding the planning, development, and provision of
supportive services to very low-income veteran families
occupying permanent housing.
``(2) Contracts.--The Secretary may provide the training
described in paragraph (1) directly or through grants or
contracts with appropriate public or nonprofit private
entities.
``(e) Funding.--Of the amounts available each fiscal year to the
Department for Medical Care for veterans, $25,000,000 shall be
available in each such fiscal year to carry out the provisions of this
section, of which not more than $750,000 may be used to provide
technical assistance under subsection (d).
``(f) Definitions.--In this section:
``(1) Consumer cooperative.--The term `consumer
cooperative' has the meaning given such term in section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q).
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a private nonprofit organization; or
``(B) a consumer cooperative.
``(3) Homeless.--The term `homeless' has the meaning given
the term in section 103 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302)).
``(4) Permanent housing.--The term `permanent housing'
means community-based housing without a designated length of
stay.
``(5) Private nonprofit organization.--The term `private
nonprofit organization' means--
``(A) any incorporated private institution or
foundation--
``(i) no part of the net earnings of which
inures to the benefit of any member, founder,
contributor, or individual;
``(ii) which has a governing board that is
responsible for the operation of the supportive
services provided under this section; and
``(iii) which is approved by the Secretary
as to financial responsibility;
``(B) a for-profit limited partnership, the sole
general partner of which is an organization meeting the
requirements of clauses (i), (ii), and (iii) of
subparagraph (A);
``(C) a corporation wholly owned and controlled by
an organization meeting the requirements of clauses
(i), (ii), and (iii) of subparagraph (A); and
``(D) a tribally designated housing entity (as
defined in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103)).
``(6) Very low-income veteran family.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the term `very low-income veteran family' means a
veteran family whose income does not exceed 50 percent
of the median income for the area, as determined by the
Secretary in accordance with this paragraph.
``(B) Adjustments for family size.--The Secretary
shall make appropriate adjustments to the income
requirement under subparagraph (A) based on family
size.
``(C) Adjustments for housing costs.--The Secretary
may establish an income ceiling higher or lower than 50
percent of the median income for an area if the
Secretary determines that such variations are necessary
because the area has unusually high or low construction
costs, fair market rents (as determined under section 8
of the United States Housing Act of 1937 (42 U.S.C.
1437f)), or family incomes.
``(7) Veteran family.--The term `veteran family' includes a
veteran who is a single person and a family in which the head
of household or the spouse of the head of household is a
veteran.''.
(2) Clerical amendment.--The table of section at the
beginning of chapter 20 of title 38, United States Code, is
amended by inserting after the item relating to section 2043
the following:
``2044. Financial assistance for supportive services for very low-
income veteran families in permanent
housing.''. | Services To Prevent Veterans Homelessness Act - Directs the Secretary of Veterans Affairs to provide financial assistance to eligible entities (private nonprofit organizations or consumer cooperatives) to provide and coordinate the provision of various supportive services for very low-income veteran families occupying permanent housing. Requires: (1) equitable geographic distribution of such assistance; and (2) the Secretary to provide training and technical assistance to participating entities regarding the planning, development, and provision of such services. | A bill to amend title 38, United States Code, to establish a financial assistance program to facilitate the provision of supportive services for very low-income veteran families in permanent housing, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Track Modernization Act of
2003''.
SEC. 2. CAPITAL GRANTS FOR RAILROAD TRACK.
(a) Amendment.--Chapter 223 of title 49, United States Code, is
amended to read as follows:
``CHAPTER 223--CAPITAL GRANTS FOR RAILROAD TRACK
``Sec.
``22301. Capital grants for railroad track.
``Sec. 22301. Capital grants for railroad track
``(a) Establishment of Program.--
``(1) Establishment.--The Secretary of Transportation shall
establish a program of capital grants for the rehabilitation,
preservation, or improvement of railroad track (including
roadbed, bridges, and related track structures) of class II and
class III railroads. Such grants shall be for rehabilitating,
preserving, or improving track used primarily for freight
transportation to a standard ensuring that the track can be
operated safely and efficiently, including grants for
rehabilitating, preserving, or improving track to handle
286,000 pound rail cars. Grants may be provided under this
chapter--
``(A) directly to the class II or class III
railroad; or
``(B) with the concurrence of the class II or class
III railroad, to a State or local government.
``(2) State cooperation.--Class II and class III railroad
applicants for a grant under this chapter are encouraged to
utilize the expertise and assistance of State transportation
agencies in applying for and administering such grants. State
transportation agencies are encouraged to provide such
expertise and assistance to such railroads.
``(3) Interim regulations.--Not later than December 31,
2003, the Secretary shall issue temporary regulations to
implement the program under this section. Subchapter II of
chapter 5 of title 5 does not apply to a temporary regulation
issued under this paragraph or to an amendment to such a
temporary regulation.
``(4) Final regulations.--Not later than October 1, 2004,
the Secretary shall issue final regulations to implement the
program under this section.
``(b) Maximum Federal Share.--The maximum Federal share for
carrying out a project under this section shall be 80 percent of the
project cost. The non-Federal share may be provided by any non-Federal
source in cash, equipment, or supplies. Other in-kind contributions may
be approved by the Secretary on a case by case basis consistent with
this chapter.
``(c) Project Eligibility.--For a project to be eligible for
assistance under this section the track must have been operated or
owned by a class II or class III railroad as of the date of the
enactment of the Railroad Track Modernization Act of 2003.
``(d) Use of Funds.--Grants provided under this section shall be
used to implement track capital projects as soon as possible. In no
event shall grant funds be contractually obligated for a project later
than the end of the third Federal fiscal year following the year in
which the grant was awarded. Any funds not so obligated by the end of
such fiscal year shall be returned to the Secretary for reallocation.
``(e) Employee Protection.--The Secretary shall require as a
condition of any grant made under this section that the recipient
railroad provide a fair arrangement at least as protective of the
interests of employees who are affected by the project to be funded
with the grant as the terms imposed under section 11326(a), as in
effect on the date of the enactment of the Railroad Track Modernization
Act of 2003.
``(f) Labor Standards.--
``(1) Prevailing wages.--The Secretary shall ensure that
laborers and mechanics employed by contractors and
subcontractors in construction work financed by a grant made
under this section will be paid wages not less than those
prevailing on similar construction in the locality, as
determined by the Secretary of Labor under the Act of March 3,
1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a et seq.).
The Secretary shall make a grant under this section only after
being assured that required labor standards will be maintained
on the construction work.
``(2) Wage rates.--Wage rates in a collective bargaining
agreement negotiated under the Railway Labor Act (45 U.S.C. 151
et seq.) are deemed for purposes of this subsection to comply
with the Act of March 3, 1931 (known as the Davis-Bacon Act; 40
U.S.C. 276a et seq.).
``(g) Study.--The Secretary shall conduct a study of the projects
carried out with grant assistance under this section to determine the
public interest benefits associated with the light density railroad
networks in the States and their contribution to a multimodal
transportation system. Not later than March 31, 2005, the Secretary
shall report to Congress any recommendations the Secretary considers
appropriate regarding the eligibility of light density rail networks
for Federal infrastructure financing.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation $350,000,000 for each
of the fiscal years 2004 through 2006 for carrying out this section.''.
(b) Conforming Amendment.--The item relating to chapter 223 in the
table of chapters of subtitle V of title 49, United States Code, is
amended to read as follows:
``223. CAPITAL GRANTS FOR RAILROAD TRACK.................... 22301''. | Railroad Track Modernization Act of 2003 - Amends federal rail transportation law to replace the Secretary of Transportation's discretionary program of grants to states for light density rail line pilot projects with a mandatory program of capital grants for railroad track. Directs the Secretary to establish a program of capital grants to class II and class III railroads (or, with the concurrence of such a railroad, to a state or local government) to rehabilitate, preserve, or improve railroad track (including roadbed, bridges, and related track structures) used primarily for freight transportation. Requires rehabilitation, preservation, or improvement to a standard ensuring that the track can be operated safely and efficiently and accommodate 286,000 pound rail cars.
Sets forth certain employee protection and prevailing wage requirements with respect to grant projects. Directs the Secretary to study and report to Congress on such projects to determine the public interest benefits associated with the light density railroad networks in the states and their contribution to a multimodal transportation system. | To authorize the Secretary of Transportation to establish a grant program for the rehabilitation, preservation, or improvement of railroad track. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescribe A Book Act''.
SEC. 2. PEDIATRIC INVOLVEMENT IN READING AND EDUCATION.
Part D of title V of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the
following:
``Subpart 22--Pediatric Early Literacy Programs
``SEC. 5621. DEFINITIONS.
``In this subpart:
``(1) Eligible entity.--The term `eligible entity' means a
nonprofit organization that has, as determined by the
Secretary, demonstrated effectiveness in the following areas:
``(A) Providing peer-to-peer training to healthcare
providers in research-based methods of literacy
promotion as part of routine pediatric health
supervision visits.
``(B) Delivering a training curriculum through a
variety of medical education settings, including
residency training, continuing medical education, and
national pediatric conferences.
``(C) Providing technical assistance to local
healthcare facilities to effectively implement a high-
quality Pediatric Early Literacy Program.
``(D) Offering opportunities for local healthcare
facilities to obtain books at significant discounts, as
described in section 5626.
``(E) Integrating the latest developmental and
educational research into the training curriculum for
healthcare providers described in subparagraph (B).
``(2) Pediatric early literacy program.--The term
`Pediatric Early Literacy Program' means a program that--
``(A) creates and implements a 3-part model through
which--
``(i) healthcare providers, doctors, and
nurses, trained in research-based methods of
early language and literacy promotion,
encourage parents to read aloud to their young
children, and offer developmentally appropriate
recommendations and strategies to parents for
the purpose of reading aloud to their children;
``(ii) healthcare providers, at health
supervision visits, provide each child between
the ages of 6 months and 5 years a new,
developmentally appropriate children's book to
take home and keep; and
``(iii) healthcare facilities create
literacy-rich environments that include gently-
used books for waiting room use or volunteer
readers to model for parents the techniques of
reading aloud to young children;
``(B) demonstrates, through research published in
peer-reviewed journals, effectiveness in positively
altering parent behavior regarding reading aloud to
children, and improving expressive and receptive
language in young children; and
``(C) receives the endorsement of nationally
recognized medical associations and academies.
``SEC. 5622. PROGRAM AUTHORIZED.
``The Secretary is authorized to award grants to eligible entities
to enable the eligible entities to implement Pediatric Early Literacy
Programs.
``SEC. 5623. APPLICATIONS.
``An eligible entity that desires to receive a grant under section
5622 shall submit an application to the Secretary at such time, in such
manner, and including such information as the Secretary may reasonably
require.
``SEC. 5624. MATCHING REQUIREMENT.
``An eligible entity receiving a grant under section 5622 shall
provide, either directly or through private contributions, non-Federal
matching funds equal to not less than 50 percent of the grant received
by the eligible entity under section 5622. Such matching funds may be
in cash or in-kind.
``SEC. 5625. USE OF GRANT FUNDS.
``(a) In General.--An eligible entity receiving a grant under
section 5622 shall--
``(1) enter into contracts with private nonprofit
organizations, or with public agencies, selected based on the
criteria described in subsection (b), under which each
contractor will agree to establish and operate a Pediatric
Early Literacy Program;
``(2) provide such training and technical assistance to
each contractor of the eligible entity as may be necessary to
carry out this subpart; and
``(3) include such other terms and conditions in an
agreement with a contractor as the Secretary determines to be
appropriate to ensure the effectiveness of such program.
``(b) Contractor Criteria.--Each contractor shall be selected under
subsection (a)(1) on the basis of the extent to which the contractor
gives priority to serving a substantial number or percentage of at-risk
children, including--
``(1) children from families with an income below 200
percent of the poverty line applicable to a family of the size
involved, particularly such children in high-poverty areas;
``(2) children without adequate medical insurance;
``(3) children enrolled in a State Medicaid program,
established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), or in the State Children's Health
Insurance Program established under title XXI of such Act (42
U.S.C. 1397aa et seq.);
``(4) children living in rural areas;
``(5) migrant children; and
``(6) children with limited access to libraries.
``SEC. 5626. RESTRICTION ON PAYMENTS.
``The Secretary shall make no payment to an eligible entity under
this subpart unless the Secretary determines that the eligible entity
or a contractor of the eligible entity, as the case may be, has made
arrangements with book publishers or distributors to obtain books at
discounts that are at least as favorable as discounts that are
customarily given by such publisher or distributor for book purchases
made under similar circumstances in the absence of Federal assistance.
``SEC. 5627. REPORTING REQUIREMENT.
``An eligible entity receiving a grant under section 5622 shall
report annually to the Secretary on the effectiveness of the program
implemented by the eligible entity and the programs instituted by each
contractor of the eligible entity, and shall include in the report a
description of each program.''.
SEC. 3. CONFORMING AMENDMENT.
The table of contents in section 2 of the Elementary and Secondary
Education Act of 1965 is amended by inserting after the item relating
to section 5618 the following:
``subpart 22--pediatric early literacy programs
``Sec. 5621. Definitions.
``Sec. 5622. Program authorized.
``Sec. 5623. Applications.
``Sec. 5624. Matching requirement.
``Sec. 5625. Use of grant funds.
``Sec. 5626. Restriction on payments.
``Sec. 5627. Reporting requirement.''. | Prescribe A Book Act Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award matching grants to nonprofit organizations for the implementation of Pediatric Early Literacy Programs, through which: health care providers encourage parents to read aloud to their children and offer parents developmentally appropriate recommendations and strategies for doing so; health care providers give each visiting child between the ages of six months and five years a new, developmentally appropriate children's book to take home and keep; and health care facilities create literacy-rich environments that include gently used books for waiting room use or volunteer readers to show parents the techniques of reading aloud to young children. Requires that the books provided to children under the programs be obtained at a discount. | Prescribe A Book Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial UAS Modernization Act''.
SEC. 2. INTERIM RULE FOR THE OPERATION OF SMALL UNMANNED AIRCRAFT FOR
COMMERCIAL PURPOSES.
(a) In General.--Subtitle B of title III of the FAA Modernization
and Reform Act of 2012 (Public Law 112-95) is amended by adding at the
end the following:
``SEC. 337. OPERATION OF SMALL UNMANNED AIRCRAFT FOR COMMERCIAL
PURPOSES.
``(a) In General.--A person may operate a small unmanned aircraft
for commercial purposes without an airworthiness certificate within the
United States, subject to the requirements under subsection (b) and the
operating restrictions under subsection (c) during the period beginning
on the date of the enactment of this Act and ending on the effective
date of a final rule based on the Notice of Proposed Rulemaking
Operation and Certification of Small Unmanned Aircraft Systems (80 Fed.
Reg. 9544, February 23, 2015).
``(b) General Requirements.--
``(1) Liability insurance.--A small unmanned aircraft may
not be operated for commercial purposes during the period set
forth in subsection (a) unless the Administrator receives an
attestation that the owner of such aircraft has a liability
insurance policy covering the operation of such aircraft.
``(2) Registration.--A small unmanned aircraft may not be
operated for commercial purposes unless the owner has
registered the aircraft under section 3(a) of the Commercial
UAS Modernization Act.
``(3) Testing requirements.--
``(A) Exam development.--Not later than 30 days
after the date of the enactment of the Commercial UAS
Modernization Act, the Administrator of the Federal
Aviation Administration shall develop an initial
aeronautical knowledge test that meets the requirements
set forth in the notice referred to in subsection (a).
``(B) Requirements.--An individual may not operate
a small unmanned aircraft for commercial purposes
unless he or she--
``(i) has received a passing grade on the
test developed under subparagraph (A);
``(ii) passed a proficiency test
administered by a test site selected pursuant
to section 332(c); and
``(iii) has demonstrated the ability to fly
the aircraft in accordance with the operating
restrictions set forth in subsection (c).
``(4) Certification.--A small unmanned aircraft may not be
operated for commercial purposes until the operator of a test
site selected pursuant to section 332(c), in collaboration with
a designated airworthiness representative, certifies that the
small unmanned aircraft--
``(A) meets the requirements for small unmanned
aircraft set forth in the notice referred to in
subsection (a); and
``(B) is capable of operating within the limits
described in subsection (c).
``(c) Operating Restrictions.--During the period set forth in
subsection (a), small unmanned aircraft operated for commercial
purposes--
``(1) may only be operated under visual line of sight
rules;
``(2) may not be operated higher than 500 feet above ground
level;
``(3) may not be operated, unless the operator has prior
authorization from the air traffic control facility having
jurisdiction over that airspace--
``(A) in Class B, Class C, or Class D airspace; or
``(B) within the lateral boundaries of the surface
area of Class E airspace designated for an airport;
``(4) shall comply with model aircraft operating standards
set forth in Advisory Circular 91-57, which was issued by the
Federal Aviation Administration on June 9, 1981, or the current
revision of such standards;
``(5) may only be operated in daylight conditions;
``(6) shall yield right of way to all other users of the
National Airspace System;
``(7) may not be operated by any individual with any
physical or mental condition that the individual knows, or has
reason to know, would interfere with the safe operation of the
aircraft; and
``(8) may only be operated after a preflight inspection (as
described in the notice referred to in subsection (a)).
``(d) Enforcement.--The Secretary of Transportation, or designee,
may bring a civil action against a person in a district court of the
United States to enforce this section or a requirement or regulation
prescribed, or an order or any term of a certificate or permit issued,
under this section. The action may be brought in the judicial district
in which the person does business or the violation occurred.
``(e) Accident Reporting.--The owner or operator of a small
unmanned aircraft that is involved in any accident causing personal
injury or property damage, other than to the small unmanned aircraft,
shall report such accident to the Federal Aviation Administration not
later than 2 days after such accident.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the FAA Modernization and Reform Act of 2012 is amended by inserting
after the item relating to section 336 the following:
``Sec. 337. Operation of small unmanned aircraft for commercial
purposes.''.
SEC. 3. DEPUTY ASSOCIATE ADMINISTRATOR FOR UNMANNED AIRCRAFT.
(a) In General.--Subtitle B of title III of the FAA Modernization
and Reform Act of 2012 (Public Law 112-95), as amended by section 2(a),
is further amended by adding at the end the following:
``SEC. 338. DEPUTY ASSOCIATE ADMINISTRATOR FOR UNMANNED AIRCRAFT.
``(a) Appointment.--The Administrator of the Federal Aviation
Administration (referred to in this section as the `Administrator')
shall appoint a Deputy Associate Administrator for Unmanned Aircraft
(referred to in this section as the `Deputy Associate Administrator'),
who shall report to the Administrator and to the Secretary of
Transportation.
``(b) Registration.--
``(1) Procedures.--Not later than 30 days after the date of
the enactment of the Commercial UAS Modernization Act, the
Deputy Associate Administrator, in consultation with the
Administrator, shall develop procedures for registering small
unmanned aircraft.
``(2) Fees.--The Deputy Associate Administrator is
authorized to collect reasonable fees, in an amount to be
determined by the Deputy Associate Administrator, from the
owner or operator of the small unmanned aircraft as part of the
registration process.
``(c) Principal Duties.--The Deputy Associate Administrator shall--
``(1) create an achievable comprehensive research and
development plan for the safe integration of unmanned aircraft
into the National Airspace System, which--
``(A) takes into account work being done at other
Federal agencies, in conjunction with their industry
collaborators;
``(B) is based on an initial audit of current
unmanned aircraft activity across the Federal
Government in order to identify gaps and overlaps; and
``(C) allows for programmatic exemptions based on
previous analysis.
``(d) Other Issues.--The Deputy Associate Administrator, in
consultation with the Administrator, shall develop strategies for
resolving--
``(1) unmanned aircraft spectrum issues;
``(2) barriers to unmanned aircraft operating beyond line
of sight;
``(3) barriers to allowing payload carriage; and
``(4) barriers to utilizing automated unmanned aircraft
systems.
``(e) Exemptions.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Deputy Associate Administrator,
in consultation with the Administrator, shall expedite and
expand exemptions from the interim operating restrictions
otherwise applicable to unmanned aircraft under section 337.
``(2) Exemptions.--The exemptions authorized under
paragraph (1) may include--
``(A) beyond line of sight operations;
``(B) programmatic exemptions based on previous
analysis;
``(C) extended visual line of sight and marginal
visual flight rules weather conditions; and
``(D) heavier unmanned vehicles.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the FAA Modernization and Reform Act of 2012 is amended by inserting
after the item relating to section 337, as added by section 2(b), the
following:
``Sec. 338. Deputy Associate Administrator for Unmanned Aircraft.''.
SEC. 4. JOINT AIRCRAFT SYSTEM RESEARCH AND DEVELOPMENT DATA COLLECTION
AND ANALYSIS PROGRAM.
(a) Establishment.--The Administrator of the Federal Aviation
Administration shall establish a joint aircraft system research and
development data collection and analysis program at the William J.
Hughes Technical Center (referred to in this section as the
``Center'').
(b) Research and Development Priorities.--The Director of the
Center shall set priorities for data collection, analysis, and research
under the program established under subsection (a), including
identifying safety standards for detect and avoid, command and control,
autonomous aircraft systems, and air traffic management for beyond-
visual-line of sight operations for such aircraft.
(c) Use of Test Sites.--The program established under subsection
(a) shall utilize the 6 unmanned aircraft system test sites of the
Federal Aviation Administration--
(1) to conduct research;
(2) to collect data;
(3) to develop quarterly milestones to expedite commercial
unmanned aircraft system operations; and
(4) to work with other Federal agencies, the Center of
Excellence for Unmanned Aircraft Systems, Federally funded
research and development centers, industry, academia, and
others, as appropriate, to implement the plan referred to in
paragraph (3).
(d) Air Traffic Management Pilot Program.--
(1) Implementation.--The Administrator of the Federal
Aviation Administration, acting through the Center, and the
Administrator of the National Aeronautics and Space
Administration, shall implement an air traffic management pilot
program to research and test a new regulatory structure for
commercial and other operations of small unmanned aircraft in
controlled and uncontrolled airspace below 1,200 feet above
ground level.
(2) Management testing.--The Center shall partner with a
neutral third party to test the management of small unmanned
aircraft in the airspace described in paragraph (1).
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the Director of
the Center shall submit a report that summarizes the actions taken
under subsections (b), (c), and (d) to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(4) the Committee on Appropriations of the House of
Representatives. | Commercial UAS Modernization Act This bill amends the FAA Modernization and Reform Act of 2012 to permit a person to operate a small commercial unmanned aircraft (drone) without an airworthiness certificate within the United States for the period beginning on enactment of this Act and ending on the effective date of a final rule based on the Notice of Proposed Rulemaking "Operation and Certification of Small Unmanned Aircraft Systems" dated February 23, 2015, subject to the following conditions and restrictions: the Federal Aviation Administration (FAA) must receive proof that the drone owner has liability insurance for the drone; the owner must register the drone; the operator must pass a test developed to assess initial aeronautical knowledge and a proficiency test administered by a drone test site; and the operator must demonstrate the ability to fly the drone in accordance with certain operating restrictions concerning visibility, time of day, air traffic control, airspace, preflight inspection, and operator health. A drone may not be operated until the operator of a test site certifies that it meets the requirements in the rulemaking notice and can operate within the restrictions. The owner or operator of a drone involved in an accident causing personal injury or property damage must report it to the FAA within two days after the accident. The FAA shall: appoint a Deputy Associate Administrator for Unmanned Aircraft, establish a joint aircraft system research and development data collection and analysis program at the William J. Hughes Technical Center, and implement an air traffic management pilot program to research and test a new regulatory structure for drone operations in airspace below 1,200 feet. | Commercial UAS Modernization Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preparing More Welfare Recipients
for Work Act''.
SEC. 2. IMPROVING COUNTING OF REQUIRED HOURS OF PARTICIPATION IN WORK
ACTIVITIES.
(a) Elimination of Distinction Between Core and Non-Core Work
Activities.--Section 407(c)(1)(A) of the Social Security Act (42 U.S.C.
607(c)(1)(A)) is amended by striking ``, not fewer than 20 hours per
week of which are attributable to an activity described in paragraph
(1), (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d)''.
(b) Allowing States To Receive Partial Credit for Partial
Engagement.--Section 407(c)(1)(B) of such Act (42 U.S.C. 607(c)(1)(B))
is amended to read as follows:
``(B) Partial credit for families participating for
less than the minimum hours required.--If a family
receiving assistance under the State program funded
under this part includes an adult or minor child head
of household receiving the assistance who has
participated in work activities for an average of 15
hours (or 10 hours, in the case of a single parent
specified in paragraph (2)(B)) per week during a month,
the family shall count as 0.5 of a family for purposes
of calculating the number described in subsection
(b)(1)(B)(i) for the month.''.
(c) State Option To Request Alternate Work Participation Rate
Calculation.--Section 407(a) of such Act (42 U.S.C. 607(a)) is amended
by adding at the end the following:
``(3) State option to request alternate work participation
rate calculation.--
``(A) Application.--A State may apply to the
Secretary to apply subparagraph (C) with respect to the
State.
``(B) Approval of application.--The Secretary may
approve the application if the State demonstrates to
the Secretary (in accordance with such guidelines as
the Secretary shall establish) that the State has
systems and mechanisms in place to accurately record
individual hours of participation in work activities
that accurately reflects the number of hours of
participation of the individuals required to
participate in the activities.
``(C) Alternative calculation.--A State whose
application under this paragraph is approved by the
Secretary shall be considered to be in compliance with
this subsection for a month in a fiscal year if the sum
of the total number of hours during which the
recipients of assistance under the State program funded
under this part who are required to be participating in
work activities during the month have participated in
the activities is not less than the percentage equal to
the minimum participation rate in effect under
paragraph (1) for the fiscal year, multiplied by the
sum of--
``(i) 30 times the number of the recipients
who are so required to participate for an
average of at least 30 hours per week in the
month (as determined by the State); and
``(ii) 20 times the number of the
recipients who are so required to participate
for an average of at least 20 hours per week in
the month (as so determined).''.
(d) Modifications to Counting Job Search as Work.--Section
407(c)(2)(A) of such Act (42 U.S.C. 607(c)(2)(A)) is amended to read as
follows:
``(A) Counting of job search as work.--After the
participation of an individual in an activity described
in subsection (d)(6) of this section of a State program
funded under this part or any other State program
funded with qualified State expenditures (as defined in
section 409(a)(7)(B)(i)) has been counted for 3 months
as participation in a work activity, participation by
the individual in such an activity shall count towards
not more than half of the hours of participation in
work activities by the individual.''.
(e) Modification of Rule Providing for Participation by Reason of
Secondary School Attendance.--Section 407(c)(2)(C) of such Act (42
U.S.C. 607(c)(2)(C)) is amended--
(1) in the subparagraph heading, by striking ``Single teen
head of household or married teen'' and inserting
``Individual'';
(2) by striking ``is married or a head of household and''
and
(3) by striking ``20 years'' and inserting ``26 years''.
(f) Requirement That State Meet With Individual Involved in Job
Readiness Activities for More Than 3 Months.--Section 407(c)(2) of such
Act (42 U.S.C. 607(c)(2)) is amended by adding at the end the
following:
``(E) Periodic meeting with individuals
participating in job readiness assistance.--After an
individual has participated for 3 months in an activity
described in subsection (d)(12) of this section of a
State program funded under this part or any other State
program funded with qualified State expenditures (as
defined in section 409(a)(7)(B)(i)), the individual
shall not be considered to be engaged in work by reason
of participation in such an activity until the State
has met with the individual, and certified that
continued participation in such an activity is
necessary to help prepare the individual for, or
support the individual in, employment.''.
(g) Providing Child Care Assistance to Community Service
Participant Replaced by Job Readiness Assistance as Separate Work
Activity.--
(1) In general.--Section 407(d)(12) of such Act (42 U.S.C.
607(d)) is amended to read as follows:
``(12) job readiness assistance.''.
(2) Conforming amendment.--Section 407(d)(6) of such Act
(42 U.S.C. 607(d)) is amended by striking ``and job readiness
assistance''.
(h) Doubling of Limit on Counting Vocation Educational Training as
Work.--Section 407(d)(8) of such Act (42 U.S.C. 607(d)(8)) is amended
by striking ``12'' and inserting ``24''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2015. | Preparing More Welfare Recipients for Work Act This bill amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act with respect to mandatory work requirements to: eliminate the requirement that recipients participate in certain core work activities not fewer than 20 hours per week, as well as separate requirements for two-parent families; allow states to receive partial credit for certain families participating for less than the minimum hours required for purposes of calculating the monthly participation rate; give states the option to apply an alternative work participation rate calculation; revise requirements for counting job search as work; modify the rule deeming an individual to meet work participation requirements by attending secondary school; require a state to meet individuals participating for three months in job readiness assistance and certify whether continued participation is necessary to prepare them for employment; replace with job readiness assistance as a separate work activity the currently recognized work activity of providing child care services to a participant in a community service program; and increase from 12 to 24 months the maximum period that vocational educational training counts as a work activity. | Preparing More Welfare Recipients for Work Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ex-Offenders Voting Rights Act of
2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship and regaining the right to vote reintegrates
offenders into free society. The right to vote may not be
abridged or denied by the United States or by any State on
account of race, color, gender, or previous condition of
servitude. Basic constitutional principles of fairness and
equal protection require an equal opportunity for United States
citizens to vote in Federal elections.
(2) Congress has ultimate supervisory power over Federal
elections, an authority that has repeatedly been upheld by the
Supreme Court.
(3) Although State laws determine the qualifications for
voting in Federal elections, Congress must ensure that those
laws are in accordance with the Constitution. Currently, those
laws vary throughout the Nation, resulting in discrepancies
regarding which citizens may vote in Federal elections.
(4) An estimated 3,900,000 individuals in the United
States, or 1 in 50 adults, currently cannot vote as a result of
a felony conviction. Women represent about 500,000 of those
3,900,000.
(5) State disenfranchisement laws disproportionately impact
ethnic minorities.
(6) Fourteen States disenfranchise ex-offenders who have
fully served their sentences, regardless of the nature or
seriousness of the offense.
(7) In those States that disenfranchise ex-offenders who
have fully served their sentences, the right to vote can be
regained in theory, but in practice this possibility is often
illusory.
(8) In 8 States, a pardon or order from the Governor is
required for an ex-offender to regain the right to vote. In 2
States, ex-offenders must obtain action by the parole or pardon
board to regain that right.
(9) Offenders convicted of a Federal offense often have
additional barriers to regaining voting rights. In at least 16
States, Federal ex-offenders cannot use the State procedure for
restoring their voting rights. The only method provided by
Federal law for restoring voting rights to ex-offenders is a
Presidential pardon.
(10) Few persons who seek to have their right to vote
restored have the financial and political resources needed to
succeed.
(11) Thirteen percent of the African-American adult male
population, or 1,400,000 African-American men, are
disenfranchised. Given current rates of incarceration, 3 in 10
African-American men in the next generation will be
disenfranchised at some point during their lifetimes. Hispanic
citizens are also disproportionately disenfranchised, since
those citizens are disproportionately represented in the
criminal justice system.
(12) The discrepancies described in this subsection should
be addressed by Congress, in the name of fundamental fairness
and equal protection.
(b) Purpose.--The purpose of this Act is to restore fairness in the
Federal election process by ensuring that ex-offenders who have fully
served their sentences are not denied the right to vote.
SEC. 3. DEFINITIONS.
In this Act:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to,
Congress.
(4) Parole.--The term ``parole'' means parole (including
mandatory parole), or conditional or supervised release
(including mandatory supervised release), imposed by a Federal,
State, or local court.
(5) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
SEC. 4. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States
to vote in any election for Federal office shall not be denied or
abridged because that individual has been convicted of a criminal
offense unless, at the time of the election, such individual--
(1) is serving a felony sentence in a correctional
institution or facility; or
(2) is on parole or probation for a felony offense.
SEC. 5. ENFORCEMENT.
(a) Attorney General.--The Attorney General may bring a civil
action in a court of competent jurisdiction to obtain such declaratory
or injunctive relief as is necessary to remedy a violation of this Act.
(b) Private Right of Action.--
(1) Notice.--A person who is aggrieved by a violation of
this Act may provide written notice of the violation to the
chief election official of the State involved.
(2) Action.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice provided under paragraph (1), or within 20 days after
receipt of the notice if the violation occurred within 120 days
before the date of an election for Federal office, the
aggrieved person may bring a civil action in such a court to
obtain the declaratory or injunctive relief with respect to the
violation.
(3) Action for violation shortly before a federal
election.--If the violation occurred within 30 days before the
date of an election for Federal office, the aggrieved person
shall not be required to provide notice to the chief election
official of the State under paragraph (1) before bringing a
civil action in such a court to obtain the declaratory or
injunctive relief with respect to the violation.
SEC. 6. RELATION TO OTHER LAWS.
(a) No Prohibition on Less Restrictive Laws.--Nothing in this Act
shall be construed to prohibit a State from enacting any State law that
affords the right to vote in any election for Federal office on terms
less restrictive than those terms established by this Act.
(b) No Limitation on Other Laws.--The rights and remedies
established by this Act shall be in addition to all other rights and
remedies provided by law, and shall not supersede, restrict, or limit
the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et
seq.) or the National Voter Registration Act of 1993 (42 U.S.C. 1973gg
et seq.). | Ex-Offenders Voting Rights Act of 2003 - Declares that the right of a U.S. citizen to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual: (1) is serving a felony sentence in a correctional institution or facility; or (2) is on parole or probation for a felony offense. Provides for enforcement and remedies for violations of this Act.Specifies that: (1) nothing in this Act shall be construed to prohibit a State from enacting any State law that affords the right to vote in any election for Federal office on terms less restrictive than those terms established by this Act; and (2) the rights and remedies established by this Act shall be in addition to all other rights and remedies provided by law, and shall not supersede, restrict, or limit the application of the Voters Rights Act of 1965 or the National Voter Registration Act of 1993. | To secure the Federal voting rights of certain qualified ex-offenders who have served their sentences. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Filipino Veterans of World War II
Congressional Gold Medal Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The First Philippine Republic was founded as a result of
the Spanish-American War in which Filipino revolutionaries and the
United States Armed Forces fought to overthrow Spanish colonial
rule. On June 12, 1898, Filipinos declared the Philippines to be an
independent and sovereign nation. The Treaty of Paris negotiated
between the United States and Spain ignored this declaration of
independence, and the United States paid Spain $20,000,000 to cede
control of the Philippines to the United States. Filipino
nationalists who sought independence rather than a change in
colonial rulers clashed with forces of the United States in the
Islands. The Philippine-American War, which officially lasted for 3
years from 1899 to 1902, led to the establishment of the United
States civil government in the Philippines.
(2) In 1901, units of Filipino soldiers who fought for the
United States against the nationalist insurrection were formally
incorporated into the United States Army as the Philippine Scouts.
(3) In 1934, the Philippine Independence Act (Public Law 73-
127; 48 Stat. 456) established a timetable for ending colonial rule
of the United States. Between 1934 and Philippine independence in
1946, the United States retained sovereignty over Philippine
foreign policy and reserved the right to call Filipinos into the
service of the United States Armed Forces.
(4) On December 21 1935, President of the Philippine
Commonwealth, Manuel Quezon, signed the National Defense Act,
passed by the Philippine Assembly. General Douglas MacArthur set
upon the task of creating an independent army in the Philippines,
consisting of a small regular force, the Philippine Constabulary, a
police force created during the colonial period of the United
States, and reservists. By July 1941, the Philippine army had
130,000 reservists and 6,000 officers.
(5) On July 26, 1941, as tensions with Japan rose in the
Pacific, President Franklin D. Roosevelt used his authority vested
in the Constitution of the United States and the Philippine
Independence Act to ``call into service of the United States . . .
all of the organized military forces of the Government of the
Philippines.'' On July 27th, 1941, in accordance with a War
Department directive received a day earlier, the United States
Forces in the Far East (USAFFE) was established, and Manila was
designated as the command headquarters. Commander of the USAFFE,
General Douglas MacArthur, planned to absorb the entire Philippine
army into the USAFFE in phases. The first phase, which began on
September 1, 1941, included 25,000 men and 4,000 officers.
(6) Filipinos who served in the USAFFE included--
(A) the Philippine Scouts, who comprised half of the 22,532
soldiers in the Philippine Department, or United States Army
garrison stationed in the Islands at the start of the war;
(B) the Philippine Commonwealth Army;
(C) the new Philippine Scouts, or Filipinos who volunteered
to serve with the United States Army when the United States
Armed Forces returned to the island;
(D) Filipino civilians who volunteered to serve in the
United States Armed Forces in 1945 and 1946, and who became
``attached'' to various units of the United States Army; and
(E) the ``Guerrilla Services'' who had fought behind enemy
lines throughout the war.
(7) Even after hostilities ceased, wartime service of the new
Philippine Scouts continued as a matter of law until the end of
1946, and the force gradually disbanded until it was disestablished
in 1950.
(8) On December 8th, 1941, not even 24 hours after the bombing
of Pearl Harbor, Japanese Imperial forces attacked bases of the
United States Army in the Philippines.
(9) In the spring of 1942, the Japanese 14th Army overran the
Bataan Peninsula, and, after a heroic but futile defense, more than
78,000 members of the United States Armed Forces were captured,
specifically 66,000 Filipinos and 12,000 service members from the
United States. The Japanese transferred the captured soldiers from
Bataan to Camp O'Donnell, in what is now known as the infamous
Bataan Death March. Forced to march the 70-mile distance in 1 week,
without adequate food, water, or medicine, nearly 700 members of
the United States Armed Forces and an estimated 6,000 to 10,000
Filipinos perished during the journey.
(10) After the fall of the Bataan Peninsula, the Japanese Army
turned its sights on Corregidor. The estimated forces in defense of
Corregidor totaled 13,000, and were comprised of members of the
United States Armed Forces and Filipino troops. Of this number, 800
were killed, 1,000 were wounded, and 11,000 were captured and
forced to march through the city of Manila, after which the
captured troops were distributed to various POW camps. The rest of
the captured troops escaped to organize or join an underground
guerrilla army.
(11) Even before the fall of Corregidor, Philippine resistance,
in the form of guerrilla armies, began to wage warfare on the
Japanese invaders. Guerrilla armies, from Northern Luzon to
Mindanao--
(A) raided Japanese camps, stealing weapons and supplies;
(B) sabotaged and ambushed Japanese troops on the move; and
(C) with little weaponry, and severely outmatched in
numbers, began to extract victories.
(12) Japanese intelligence reports reveal that from the time
the Japanese invaded until the return of the United States Armed
Forces in the summer of 1944, an estimated 300,000 Filipinos
continued to fight against Japanese forces. Filipino resistance
against the Japanese was so strong that, in 1942, the Imperial Army
formed the Morista Butai, a unit designated to suppress guerrillas.
(13) Because Philippine guerrillas worked to restore
communication with United States forces in the Pacific, General
MacArthur was able to use the guerrillas in advance of a
conventional operation and provided the headquarters of General
MacArthur with valuable information. Guerrillas captured and
transmitted to the headquarters of General MacArthur Japanese naval
plans for the Central Pacific, including defense plans for the
Mariana Islands. Intelligence derived from guerrillas relating to
aircraft, ship, and troop movements allowed for Allied forces to
attack Japanese supply lines and guerrillas and even directed
United States submarines where to land agents and cargo on the
Philippine coast.
(14) On December 20, 1941, President Roosevelt signed the
Selective Training and Service Amendments Act (Public Law 77-360;
55 Stat. 844) which, among other things, allowed Filipinos in the
United States to enlist in the United States Armed Forces. In
February 1942, President Roosevelt issued the Second War Powers Act
(Public Law 77-507; 56 Stat. 176), promising a simplified
naturalization process for Filipinos who served in the United
States Armed Forces. Subsequently, 16,000 Filipinos in California
alone decided to enlist.
(15) The mobilization of forces included the activation and
assumption of command of the First Filipino Infantry Battalion on
April 1, 1942, at Camp San Luis Obispo, California. Orders were
issued to activate the First Filipino Infantry Regiment and Band at
Salinas, California, effective July 13, 1942. The activation of the
Second Filipino Infantry Regiment occurred at Fort Ord, California,
on November 21, 1942. Nearly 9,000 Filipinos and Filipino Americans
fought in the United States Army 1st and 2nd Filipino Infantry
Regiments.
(16) Soldiers of the 1st and 2nd Infantry Regiments
participated in the bloody combat and mop-up operations at New
Guinea, Leyte, Samar, Luzon, and the Southern Philippines. In 1943,
800 men were selected from the 1st and 2nd Regiments and shipped to
Australia to receive training in intelligence gathering, sabotage,
and demolition. Reorganized as part of the 1st Reconnaissance
Battalion, this group was sent to the Philippines to coordinate
with major guerrilla armies in the Islands. Members of the 1st
Regiment were also attached to the United States 6th Army ``Alamo
Scouts'', a reconnaissance group that traveled 30 miles behind
enemy lines to free Allied prisoners from the Cabanatuan death camp
on January 30, 1945. In addition, in 1945, according to the 441st
Counter Intelligence Unit of the United States Armed Forces,
Philippine guerrillas provided ``very important information and
sketches of enemy positions and installations'' for the liberation
of the Santo Tomas prisoner of war camp, an event that made front
page news across the United States.
(17) In March 1944, members of the 2nd Filipino Infantry
Regiment were selected for special assignments, including
intelligence missions, and reorganized as the 2nd Filipino Infantry
Battalion (Separate). The 2nd Filipino Infantry Battalion
(Separate) contributed to mop-up operations as a civil affairs
unit.
(18) Filipinos participated in the war out of national pride,
as well as out of a commitment to the Allied forces struggle
against fascism. 57,000 Filipinos in uniform died in the war
effort. Estimates of civilian deaths range from 700,000 to upwards
of 1,000,000, or between 4.38 to 6.25 percent of the prewar
population of 16,000,000.
(19) Because Filipinos who served in the Commonwealth Army of
the Philippines were originally considered a part of the Allied
struggle, the military order issued by President Roosevelt on July
26, 1941, stated that Filipinos who served in the Commonwealth Army
of the Philippines were entitled to full veterans benefits. The
guarantee to pay back the service of Filipinos through veterans
benefits was reversed by the Rescission Acts of 1946 (Public Laws
79-301 and 79-391; 60 Stat. 6 and 60 Stat. 221), which deemed that
the wartime service of the Commonwealth Army of the Philippines and
the new Philippine Scouts was not considered active and, therefore,
did not qualify for benefits.
(20) The loyal and valiant Filipino Veterans of World War II
fought, suffered, and, in many instances, died in the same manner
and under the same commander as other members of the United States
Armed Forces during World War II.
(21) The Filipino Veterans of World War II fought alongside,
and as an integral part of, the United States Armed Forces. The
Philippines remained a territory of the United States for the
duration of the war and, accordingly, the United States maintained
sovereignty over Philippine foreign relations, including Philippine
laws enacted by the Philippine Government. Filipinos who fought in
the Philippines were not only defending or fighting for the
Philippines, but also defending, and ultimately liberating,
sovereign territory held by the United States Government.
(22) The United States remains forever indebted to the bravery,
valor, and dedication that the Filipino Veterans of World War II
displayed. Their commitment and sacrifice demonstrates a highly
uncommon and commendable sense of patriotism and honor.
SEC. 3. DEFINITIONS.
In this Act--
(a) the term ``Filipino Veterans of World War II'' includes any
individual who served--
(1) honorably at any time during the period beginning on July
26, 1941, and ending on December 31, 1946;
(2) in an active-duty status under the command of the United
States Armed Forces in the Far East; and
(3)(A) within the Philippine Commonwealth Army, the Philippine
Scouts, the Philippine Constabulary, Recognized Guerrilla units,
the New Philippine Scouts, the First Filipino Infantry Regiment,
the Second Filipino Infantry Battalion (Separate), or the First
Reconnaissance Battalion; or
(B) commanding or serving in a unit described in paragraph
(3)(A) as a United States military officer or enlisted soldier; and
(b) the term ``Secretary'' means the Secretary of the Treasury.
SEC. 4. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The President pro tempore of the Senate and
the Speaker of the House of Representatives shall make appropriate
arrangements for the award, on behalf of Congress, of a single gold
medal of appropriate design to the Filipino Veterans of World War II in
recognition of the dedicated service of the veterans during World War
II.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary shall strike the Gold Medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in honor
of the Filipino Veterans of World War II, the gold medal shall be
given to the Smithsonian Institution, where it will be available
for display as appropriate and made available for research.
(2) Sense of congress.--It is the sense of Congress that the
Smithsonian Institution should make the gold medal received under
paragraph (1) available for display elsewhere, particularly at
other appropriate locations associated with the Filipino Veterans
of World War II.
(d) Duplicate Medals.--
(1) In general.--Under regulations that the Secretary may
promulgate, the Secretary may strike and sell duplicates in bronze
of the gold medal struck under this Act, at a price sufficient to
cover the costs of the medals, including labor, materials, dies,
use of machinery, and overhead expenses.
(2) Sale of duplicate medals.--The amounts received from the
sale of duplicate medals under paragraph (1) shall be deposited in
the United States Mint Public Enterprise Fund.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--Medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . The expanded summary of the Senate passed version is repeated here.) Filipino Veterans of World War II Congressional Gold Medal Act of 2015 (Sec. 3) This bill defines "Filipino Veterans of World War II" to include an individual who served: honorably at any time from July 26, 1941, to December 31, 1946; in an active-duty status under the command of the U.S. Armed Forces in the Far East; and within the Philippine Commonwealth Army, the Philippine Scouts, the Philippine Constabulary, Recognized Guerrilla units, the New Philippine Scouts, the First Filipino Infantry Regiment, the Second Filipino Infantry Battalion (Separate), or the First Reconnaissance Battalion; or commanding or serving in such a unit as a U.S. military officer or enlisted soldier. (Sec. 4) The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award of a single Congressional Gold Medal to the Filipino Veterans of World War II in recognition of their dedicated service during World War II. The medal, following its award, shall be given to the Smithsonian Institution where it will be available for research and display. It is the sense of Congress that the Smithsonian Institution should make the gold medal available for display elsewhere, particularly at other appropriate locations associated with the Filipino Veterans of World War II. | Filipino Veterans of World War II Congressional Gold Medal Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Traumatic Brain Injury
Reauthorization Act of 2014''.
SEC. 2. CDC PROGRAMS FOR PREVENTION AND SURVEILLANCE OF TRAUMATIC BRAIN
INJURY.
(a) Prevention of Traumatic Brain Injury.--Section 393B(b)(3) of
the Public Health Service Act (42 U.S.C. 280b-1c(b)(3)) is amended by
striking ``2010, commonly referred to as Healthy People 2010'' and
inserting ``2020, commonly referred to as Healthy People 2020''.
(b) Authorization of Appropriations.--Section 394A of the Public
Health Service Act (42 U.S.C. 280b-3) is amended--
(1) by striking the section heading and all that follows
through ``For the purpose'' and inserting the following:
``SEC. 394A. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose'';
(2) by striking the second period; and
(3) by adding at the end the following:
``(b) Traumatic Brain Injury.--To carry out sections 393B and 393C,
there are authorized to be appropriated $6,564,000 for each of fiscal
years 2015 through 2019.''.
SEC. 3. STATE GRANTS FOR PROJECTS REGARDING TRAUMATIC BRAIN INJURY.
Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52)
is amended--
(1) in subsection (a), by striking ``, acting through the
Administrator of the Health Resources and Services
Administration,'';
(2) in paragraphs (1)(A)(i) and (3)(E) of subsection (f), by
striking ``brain injury'' and inserting ``traumatic brain injury'';
(3) in subsection (h), by striking ``under this section, and
section 1253 including'' and inserting ``under this section and
section 1253, including''; and
(4) in subsection (j), by striking ``such sums as may be
necessary for each of the fiscal years 2001 through 2005, and such
sums as may be necessary for each of the fiscal years 2009 through
2012'' and inserting ``$5,500,000 for each of the fiscal years 2015
through 2019''.
SEC. 4. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES.
Section 1253 of the Public Health Service Act (42 U.S.C. 300d-53)
is amended--
(1) in subsection (a), by striking ``, acting through the
Administrator of the Health Resources and Services Administration
(referred to in this section as the `Administrator'),'';
(2) in subsections (c), (d)(1), (e)(1), (e)(4), (g), (h), and
(j)(1), by striking ``Administrator'' each place it appears and
inserting ``Secretary'';
(3) in subsection (h)--
(A) by striking the subsection heading and inserting
``reporting'';
(B) by striking ``Each protection and advocacy system'' and
inserting the following:
``(1) Reports by systems.--Each protection and advocacy
system''; and
(C) by adding at the end the following:
``(2) Report by secretary.--Not later than 1 year after the
date of enactment of the Traumatic Brain Injury Reauthorization Act
of 2014, the Secretary shall prepare and submit to the appropriate
committees of Congress a report describing the services and
activities carried out under this section during the period for
which the report is being prepared.'';
(4) in subsection (i), by striking ``The Administrator of the
Health Resources'' and all that follows through ``regarding'' and
inserting ``The Secretary shall facilitate agreements to coordinate
the collection of data by agencies within the Department of Health
and Human Services regarding'';
(5) in subsection (k), by striking ``subtitle C of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000'' and inserting ``subtitle C of title I of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15041 et seq.)'';
(6) in subsection (l), by striking ``$5,000,000 for fiscal year
2001, and such sums as may be necessary for each the fiscal years
2009 through 2012'' and inserting ``$3,100,000 for each of the
fiscal years 2015 through 2019''; and
(7) in subsection (m)--
(A) in paragraph (1), by striking ``part C of the
Developmental Disabilities Assistance Bill of Rights Act (42
U.S.C. 6042 et seq.)'' and inserting ``subtitle C of title I of
the Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15041 et seq.)''; and
(B) in paragraph (2), by striking ``part C of the
Developmental Disabilities Assistance and Bill of Rights Act
(42 U.S.C. 6042 et seq.)'' and inserting ``subtitle C of title
I of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15041 et seq.)''.
SEC. 5. TRAUMATIC BRAIN INJURY COORDINATION PLAN.
(a) Development of Plan.--Not later than 18 months after the date
of enactment of this Act, the Secretary of Health and Human Services
shall develop a plan for improved coordination of Federal activities
with respect to traumatic brain injury. Such plan shall--
(1) review existing interagency coordination efforts with
respect to Federal activities related to traumatic brain injury,
including services for individuals with traumatic brain injury;
(2) identify areas for improved coordination between relevant
Federal agencies and programs, including agencies and programs with
a focus on serving individuals with disabilities;
(3) identify each recommendation in the report required by
section 393C(b) of the Public Health Service Act (42 U.S.C. 280b-
1d(b)) that has been adopted and each such recommendation that has
not been adopted, and describe any planned activities to address
each such recommendation that has not been adopted; and
(4) incorporate, as appropriate, stakeholder feedback,
including feedback from individuals with traumatic brain injury and
their caregivers.
(b) Submission to Congress.--The Secretary of Health and Human
Services shall submit the plan developed under subsection (a) to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives.
SEC. 6. REVIEW OF BRAIN INJURY MANAGEMENT IN CHILDREN.
The Director of the Centers for Disease Control and Prevention, in
consultation with the Director of the National Institutes of Health,
shall conduct a review of the scientific evidence related to brain
injury management in children, such as the restriction or prohibition
of children from attending school or participating in athletic
activities following a head injury, and identify ongoing and potential
further opportunities for research. Not later than 2 years after the
date of enactment of this Act, the Director of the Centers for Disease
Control and Prevention shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives the results of such
review.
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 reported to the Senate on July 23, 2014. Traumatic Brain Injury Reauthorization Act of 2014 - (Sec. 2) Amends the Public Health Service Act to reauthorize through FY2019 traumatic brain injury (TBI) prevention and surveillance or registry programs. (Sec. 3) Reauthorizes through FY2019 the programs of grants to states and Indian consortia for TBI services, and protection and advocacy systems to provide services to individuals with TBI. (Sec. 5) Directs the Secretary of Health and Human Services (HHS) to develop a plan for the improved coordination of federal activities with respect to TBI that will: review interagency coordination efforts; identify areas for improved coordination between federal agencies and programs, including those with a focus on serving individuals with disabilities; identify adopted recommendations from the report on development and improvement of TBI diagnostic tools and treatments and describe plans to address each recommendation that has not been adopted; and incorporate feedback from stakeholders, including individuals with TBI and their caregivers. (Sec. 6) Directs the Centers for Disease Control and Prevention (CDC) to review the scientific evidence related to brain injury management in children and identify opportunities for research. | Traumatic Brain Injury Reauthorization Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COLA Fairness Act of 2001''.
SEC. 2. REGIONAL CONSUMER PRICE INDEX.
(a) Recognition of Regions.--The Bureau of Labor Statistics of the
Department of Labor shall establish and publish a mapping of the United
States under which 14 regions are recognized comprising the United
States. Each region shall include one of the cities listed in
subsection (b).
(b) Specified Cities.--The cities specified in this subsection are
the following:
(1) Atlanta, Georgia;
(2) Boston, Massachusetts;
(3) Chicago, Illinois;
(4) Cleveland, Ohio;
(5) Dallas, Texas;
(6) Detroit, Michigan;
(7) Philadelphia, Pennsylvania;
(8) Houston, Texas;
(9) Los Angeles, California;
(10) Miami, Florida;
(11) New York, New York;
(12) San Francisco, California;
(13) Seattle, Washington; and
(14) Washington, District of Columbia.
(c) Establishment of Regional Consumer Price Indices.--The Bureau
shall establish and publish for each region recognized pursuant to
subsection (a) a monthly index for the region, to be known as the
``Regional Consumer Price Index'' for the region, that indicates
changes over time in expenditures for consumption which are typical for
individuals residing in the region.
(d) Effective Date.--The preceding provisions of this section shall
apply with respect to calendar months beginning on or after January 1,
2003.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the provisions of
this section.
SEC. 3. COMPUTATION OF SOCIAL SECURITY COST-OF-LIVING INCREASES.
(a) Amendments to Title II.--
(1) In general.--Section 215(i) of the Social Security Act
(42 U.S.C. 415(i)) is amended--
(A) in paragraph (1)(G), by inserting before the
period the following: ``, and, with respect to an
individual who, at the time he initially becomes
eligible for old-age insurance benefits or disability
insurance benefits (or dies before initially becoming
so eligible), resides in a region of the United States
recognized by the Bureau of Labor Statistics pursuant
to section 2(a) of the COLA Fairness Act of 2001, the
applicable Consumer Price Index shall be deemed to be
the Regional Consumer Price Index for such region'';
and
(B) in paragraph (4), by striking ``and by section
9001'' and inserting ``, by section 9001'', and by
inserting after ``1986,'' the following: ``and by
section 3(a) of the COLA Fairness Act of 2001,''.
(2) Conforming amendments relating to applicable former
law.--Section 215(i)(4) of such Act (42 U.S.C. 415(i)(4)) is
amended by adding at the end the following new sentence: ``For
purposes of computing adjustments under this subsection as so
in effect, the applicable Consumer Price Index shall be deemed
to be the Regional Consumer Price Index for the region in which
such individual resides at the time he becomes eligible for
old-age insurance benefits or disability insurance benefits (or
dies before initially becoming so eligible).''.
(b) Effective Date.--The amendments made by this section shall
apply to determinations made by the Commissioner of Social Security
under section 215(i)(2) of the Social Security Act (42 U.S.C.
415(i)(2)) with respect to cost-of-living computation quarters ending
on or after September 30 of the second calendar year following the
calendar year in which this Act is enacted.
SEC. 4. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SECURITY ACT.
(a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) is amended--
(1) in section 1814(i)(2)(B), by inserting ``(i) for
accounting years ending before October 1 of the second calendar
year following the calendar year in which the COLA Fairness Act
of 2001 was enacted,'' after ``for a year is'', and by
inserting after ``fifth month of the accounting year'' the
following: ``, and (ii) for accounting years ending after
October 1 of such calendar year, the cap amount determined
under clause (i) for the last accounting year referred to in
such clause, increased or decreased by the same percentage as
the percentage increase or decrease, respectively, in the
medical care expenditure category (or corresponding category)
of the applicable consumer price index, published by the Bureau
of Labor Statistics, from March of such calendar year to the
fifth month of the accounting year'';
(2) in section 1833(h)(2)(A)(i), by striking ``Consumer
Price Index for All Urban Consumers (United States city
average)'' and inserting ``applicable consumer price index'';
(3) in section 1833(i)(2)(C), by striking ``consumer price
index for all urban consumers (U.S. city average)'' and
inserting ``applicable consumer price index'';
(4) in section 1834(a)(14)(F), by striking ``consumer price
index for all urban consumers (United States city average)''
and inserting ``applicable consumer price index'';
(5) in section 1834(h)(4)(A)(viii), by striking ``consumer
price index for all urban consumers (United States city
average)'' and inserting ``applicable consumer price index'';
(6) in section 1834(l)(3)(A), by striking ``consumer price
index for all urban consumers (U.S. city average)'' and
inserting ``applicable consumer price index'';
(7) in section 1834(l)(3)(B), by striking ``consumer price
index for all urban consumers (U.S. city average)'' and
inserting ``applicable consumer price index'';
(8) in section 1842(s)(1), by striking ``consumer price
index for all urban consumers (United States city average)''
and inserting ``applicable consumer price index''; and
(9) in section 1886(h)(5)(B), by striking ``Consumer Price
Index for All Urban Consumers (United States city average)''
and inserting ``applicable consumer price index''.
(b) Definition of Applicable Consumer Price Index.--Section 1861 of
such Act (42 U.S.C. 1395x) is amended by adding at the end the
following new subsection:
``Applicable Consumer Price Index
``(uu) The term `applicable consumer price index' means, in
connection with any person affected by an adjustment to be made under
this title based on such index, the Regional Consumer Price Index (as
prescribed from time to time by the Bureau of Labor Statistics pursuant
to section 2(c) of the COLA Fairness Act of 2001) for the region in
which such person resides (in the case of an individual) or maintains
principal offices (in any other case) at the time the adjustment takes
effect. The Secretary of Health and Human Services shall prescribe by
regulation, in connection with each requirement for an adjustment under
this title based a Regional Consumer Price Index, the manner in which
such adjustment is to be determined to affect particular persons for
purposes of this subsection.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to determinations made for periods ending after
December 31 of the second calendar year following the calendar year in
which this Act was enacted. | COLA Fairness Act of 2001 - Requires the Bureau of Labor Statistics of the Department of Labor to establish, for 14 specified regions in the United States, monthly regional consumer price indices for computation of cost-of-living increases for Social Security and Medicare (title XVIII of the Social Security Act) benefits. | To require the establishment of regional consumer price indices to compute cost-of-living increases under the programs for Social Security and Medicare and other medical benefits under titles II and XVIII of the Social Security Act. |
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 authorizes and directs the United States Trade
Representative to undertake negotiations to amend or modify the
rules and procedures of the Understanding on Rules and
Procedures Governing the Settlement of Disputes relating to
____ with respect to the affirmative determination submitted to
the Congress by the WTO Dispute Settlement Review Commission on
____'', the first blank space being filled with the specific
rules and procedures with respect to which the Trade
Representative is to undertake negotiations and the second
blank space being filled with the date of the affirmative
determination submitted to the Congress by the Commission
pursuant to section 4(b) which has given rise to the joint
resolution.
(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 the Congress authorizes and directs the
United States Trade Representative to undertake negotiations to
amend or modify the rules and procedures of the Understanding
on Rules and Procedures Governing the Settlement of Disputes
relating to ____ with respect to the affirmative report
submitted to the Congress by the WTO Dispute Settlement Review
Commission on ____ and if such negotiations do not result in a
solution that the Trade Representative, by ____, certifies to
the Congress is satisfactory, 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'', the first blank space being filled with the
specific rules and procedures with respect to which the Trade
Representative is to undertake negotiations, the second blank
space being filled with the date of the affirmative
determination submitted to the Congress by the Commission
pursuant to section 4(b) which has given rise to the joint
resolution, and the third blank space being filled with the
date the Congress withdraws its approval of the WTO Agreement.
(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
determination from the Commission described in section
4(b), or
(B) in the case of a joint resolution described in
subsection (b)(2), the Commission has made 3
affirmative determinations described in section 4(b)
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 determination.
(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 determination described in section 4(b),
and before the end of the 90-day period referred to in
subparagraph (A) or (B) of paragraph (1), as the case
may be.
(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. PARTICIPATION IN WTO PANEL PROCEEDINGS.
(a) In General.--If the United States Trade Representative, in
proceedings before a dispute settlement panel or the Appellate Body of
the WTO, seeks--
(1) to enforce United States rights under a multilateral
trade agreement, or
(2) to defend a challenged action or determination of the
United States Government,
a private United States person that is supportive of the United States
Government's position before the panel or Appellate Body and that has a
direct economic interest in the panel's or Appellate Body's resolution
of the matters in dispute shall be permitted to participate in
consultations and panel proceedings. The Trade Representative shall
issue regulations, consistent with subsections (b) and (c), ensuring
full and effective participation by any such private person.
(b) Access to Information.--The United States Trade Representative
shall make available to persons described in subsection (a) all
information presented to or otherwise obtained by the Trade
Representative in connection with a WTO dispute settlement proceeding.
The United States Trade Representative shall promulgate regulations
implementing a protective order system to protect information
designated by the submitting member as confidential.
(c) Participation in Panel Process.--Upon request from a person
described in subsection (a), the United States Trade Representative
shall--
(1) consult in advance with such person regarding the
content of written submissions from the United States to the
WTO panel concerned or to the other member countries involved;
(2) include, where appropriate, such person or its
appropriate representative as an advisory member of the
delegation in sessions of the dispute settlement panel;
(3) allow such special delegation member, where such member
would bring special knowledge to the proceeding, to appear
before the panel, directly or through counsel, under the
supervision of responsible United States Government officials;
and
(4) in proceedings involving confidential information,
allow appearance of such person only through counsel as a
member of the special delegation.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) Appellate body.--The term ``Appellate Body'' means the
Appellate Body established under Article 17.1 of the Dispute
Settlement Understanding.
(2) Adverse to the united states.--The term ``adverse to
the United States'' includes any report which holds any law,
regulation, or application thereof by a government agency to be
inconsistent with international obligations under a Uruguay
Round Agreement (or a nullification or impairment thereof),
whether or not there are other elements of the decision which
favor arguments made by the United States.
(3) Dispute settlement panel; panel.--The terms ``dispute
settlement panel'' and ``panel'' mean a panel established
pursuant to Article 6 of the Dispute Settlement Understanding.
(4) Dispute settlement body.--The term ``Dispute Settlement
Body'' means the Dispute Settlement Body administering the
rules and procedures set forth in the Dispute Settlement
Understanding.
(5) 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.
(6) Uruguay round agreement.--The term ``Uruguay Round
Agreement'' means any of the agreements described in section
101(d) of the Uruguay Round Agreements Act.
(7) World trade organization; wto.--The terms ``World Trade
Organization'' and ``WTO'' mean the organization established
pursuant to the WTO Agreement.
(8) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994.
HR 1434 IH----2 | WTO Dispute Settlement Review Commission Act - Establishes the WTO Dispute Settlement Review Commission to review reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) in proceedings initiated by other WTO parties which are adverse to the United States and which are adopted by the Dispute Settlement Body.
Requires the Commission to determine whether the panel or the Appellate Body: (1) exceeded its authority; (2) added to the obligations of or diminished the rights of the United States; (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from proper procedures; and (4) deviated, in its report, from the applicable standard of review. Requires the Commission, upon an affirmative determination on one or more of these questions, to further determine whether the action of the panel or the Appellate Body materially affected the outcome of its report.
Requires the United States Trade Representative, upon enactment of a joint resolution directing such action, to negotiate to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes with respect to any affirmative determinations submitted to the Congress concerning the action of a panel or the Appellate Body. Provides for a joint resolution withdrawing congressional approval of the WTO agreement, ending U.S. participation in the WTO, if such negotiations do not result in a satisfactory solution.
Sets forth provisions governing the participation in WTO panel proceedings of private U.S. persons supportive of the U.S. Government position at issue. | WTO Dispute Settlement Review Commission Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Vehicle Owners Right to Repair
Act of 2009.''
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Motor vehicle owners are entitled to choose which
service provider will diagnose, service, maintain, or repair
their motor vehicles.
(2) Promoting competition in price and quality for the
diagnosis of problems, service, maintenance, and repair of
motor vehicles will benefit consumers.
(3) Regular diagnosis, service, maintenance, and repair of
motor vehicles, motor vehicle equipment, and motor vehicle
systems such as pollution control, transmission, antilock
brakes, electronic and mechanical systems, heating and air-
conditioning, and steering are essential to America's mobility,
minimizing fuel consumption, protecting the environment, and
enabling the highest levels of safety possible in modern motor
vehicles.
(4) Computers of various kinds are now used by
manufacturers in motor vehicle equipment and motor vehicle
systems. On-board computer technology controls virtually all of
the vehicle's systems, and only service technicians with the
necessary tools and information can access the computers to
perform diagnosis, service, maintenance, and repair of the
vehicle.
(5) Manufacturers have made available to their authorized
dealers and service providers the information, tools, codes,
and replacement equipment necessary to diagnose problems and to
service, maintain, and repair motor vehicles that incorporate
computers in their motor vehicle systems.
(6) Consumers in the United States have benefited from the
availability of a wide choice of service providers for their
motor vehicles. The American economy has also benefited from
the availability of an aftermarket tools and parts supply that
provides jobs to over 5 million workers in 495,000 businesses,
and generates $200 billion in annual sales.
(7) Vehicles are now being equipped with systems that
permit vehicles to communicate repair and diagnostic
information wirelessly with the vehicle manufacturer and repair
facilities. Car owners have the right to choose where and to
whom information generated by their vehicle and vehicle
computers is sent.
(b) Purposes.--The purposes of this Act are--
(1) to protect motor vehicle owners' right to choose a
service provider for the diagnosis, service, maintenance, and
repair of their motor vehicles;
(2) to promote competition in price and quality among
service providers; and
(3) to promote safety and fuel efficiency by allowing
consumers to choose among competing service providers.
SEC. 3. MANUFACTURER REQUIREMENTS.
(a) Duty To Disclose Information.--The manufacturer of a motor
vehicle sold, leased, or otherwise introduced into commerce in the
United States must provide to the motor vehicle owner and service
providers, using reasonable business means and on a non-discriminatory
basis, all information to diagnose, service, maintain, or repair the
motor vehicle. This information must include--
(1) information about safety alerts, recalls, service
bulletins and the need for adjustments to maintain vehicle
efficiency, safety and convenience; and
(2) all information of any kind provided directly,
indirectly, or wirelessly to new car dealers or any repair
facility to diagnose, service, maintain, repair, activate,
certify, or install any motor vehicle equipment (including
replacement parts and equipment) in a motor vehicle.
(b) Duty To Make Tools Available.--The manufacturer of a motor
vehicle sold, leased, or otherwise introduced into commerce in the
United States must offer for sale to the motor vehicle owner and to all
service providers on a reasonable and non-discriminatory basis, any
tool for the diagnosis, service, maintenance, or repair of a motor
vehicle, and provide all information that enables aftermarket tool
companies to manufacture tools with the same functional characteristics
as those tools made available by the manufacturers to authorized
dealers.
(c) Replacement Equipment.--The manufacturer of a motor vehicle
sold, leased, or otherwise introduced into commerce in the United
States must offer for sale to motor vehicle owners, and to all service
providers on reasonable and non-discriminatory terms, all equipment for
diagnosis, service, maintenance, or repair of a motor vehicle.
(d) Protection of Trade Secrets.--
(1) A manufacturer may not be required to publicly disclose
information that, if made public, would divulge methods or
processes entitled to protection as trade secrets.
(2) No information may be withheld by a manufacturer on the
ground that it is a trade secret if that information is
provided (directly or indirectly) to authorized dealers or
service providers.
SEC. 4. AUTHORITY OF FEDERAL TRADE COMMISSION.
(a) In General.--For the purpose of enforcing compliance with this
Act, the Federal Trade Commission may utilize all authority conferred
on it by the Federal Trade Commission Act, or otherwise.
(b) Violation of Section 3.--A violation of section 3 of this Act
constitutes an unfair method of competition and an unfair or deceptive
act or practice within the meaning of section 5(a)(1) of the Federal
Trade Commission Act (15 U.S.C. 45(a)(1)).
(c) Violation of a Rule.--Violation of a rule prescribed under
section 4(d) of this Act constitutes violation of a rule defining an
unfair or deceptive act or practice prescribed under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(d) Rulemaking.--The Federal Trade Commission may prescribe rules
to implement this Act.
(e) Cooperation With Department of Transportation.--The Federal
Trade Commission must cooperate with the Department of Transportation
to publish technical service bulletins on a Federal Internet Website.
(f) Limitation.--The Federal Trade Commission may not prescribe
rules that--
(1) interfere with the authority of the Administrator of
the Environmental Protection Agency under section 202(m) of the
Clean Air Act (42 U.S.C. 7521(m)) with regard to motor vehicle
emissions control diagnostics systems; or
(2) conflict with rules prescribed by the Administrator of
the Environmental Protection Agency.
SEC. 5. ACTION BY STATES.
(a) In General.--Whenever an attorney general of any State has
reason to believe that the interests of the residents of that State
have been or are being threatened or adversely affected by a violation
of section 3 of this Act, or by the violation of a rule promulgated by
the Federal Trade Commission to implement this Act, the State, as
parens patriae, may bring a civil action on behalf of its residents to
enjoin violations, to obtain damages, restitution, or other
compensation on behalf of residents of the State, or to obtain such
further relief as the court may deem appropriate.
(b) Notice.--The State must serve prior written notice of any civil
action under subsection (a) of this section upon the Federal Trade
Commission with a copy of its complaint, except that if it is not
feasible for the State to provide such prior notice, the State must
serve notice immediately upon instituting an action. Upon receiving a
notice of a civil action, the Federal Trade Commission may--
(1) intervene in the action;
(2) upon intervening, to be heard on all matters arising
therein; and
(3) to appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a) of this section, nothing in this chapter will prevent an
attorney general from exercising the powers conferred on the attorney
general by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence.
(d) Actions by Federal Trade Commission.--Whenever a civil action
has been instituted by or the Federal Trade Commission for violation of
any rule prescribed under section 4(d) of this Act, no State may,
during the pendency of the action instituted by the Federal Trade
Commission, institute a civil action under this Act against any
defendant named in the complaint in such action for violation of any
rule as alleged in such complaint.
(e) Actions by Other State Officials.--
(1) Nothing contained in this section may prohibit 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.
(2) In addition to actions brought by an attorney general
of a State under subsection (a) of this section, an action may
be brought by officers of a State who are so authorized.
SEC. 6. CONSUMERS' RIGHTS.
A consumer or service provider may bring a civil action to enjoin
any violation of section 3 of this Act or of any rule issued pursuant
to this Act and for damages (including court costs and reasonable
attorney and expert witness fees). The action may be brought in any
court of competent jurisdiction.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``commerce'' has the meaning given that term
in section 4 of the Federal Trade Commission Act (15 U.S.C.
44).
(2) The terms ``manufacturer'', ``motor vehicle'', and
``motor vehicle equipment'' have the meanings given those terms
in section 30102(a) of title 49, United States Code.
(3) The term ``motor vehicle owner'' and the term
``consumer'' mean any person who owns, leases, or otherwise has
the legal right to use and possess a motor vehicle, or the
agent of such person.
(4) The term ``service provider'' means any person engaged
in the diagnosis, service, maintenance, or repair of motor
vehicles or motor vehicle engines.
(5) The term ``replacement equipment'' has the meaning
given that term in section 30102(b)(1) of title 49, United
States Code.
(6) The term ``model year'' has the meaning given that term
in section 32901(a) of title 49, United States Code.
(7) The term ``dealer'' has the meaning given that term in
section 30102(a) of title 49, United States Code.
(8) The term ``technical service bulletin'' means a
communication sent to a dealer about the diagnosis, service,
maintenance or repair of a motor vehicle or item of motor
vehicle equipment and shall include all communications sent to
the Secretary of Transportation under sections 30166(f) and
30166(m)(3)(A)(ii) of title 49, United States Code. | Motor Vehicle Owners Right to Repair Act of 2009 - Requires the manufacturer of a motor vehicle sold, leased, or otherwise introduced into U.S. commerce to: (1) provide to the vehicle owner and service providers all information necessary to diagnose, service, maintain, or repair the vehicle; (2) offer for sale to the vehicle owner and service providers any related tool or equipment; and (3) provide the information that enables aftermarket tool companies to manufacture tools with the same functional characteristics. Exempts trade secrets, so long as the information is not disclosed to authorized dealers or service providers.
Authorizes enforcement of this Act by the Federal Trade Commission (FTC) and civil actions by state attorneys general, consumers, and service providers. | To protect the rights of consumers to diagnose, service, maintain, and repair their motor vehicles, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Facilities Clean Water
Compliance Act of 1997''.
SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES.
Section 313(a) of the Federal Water Pollution Control Act (33
U.S.C. 1323(a)) is amended by striking the third sentence and all that
follows through the period at the end of the last sentence and
inserting the following: ``The Federal, State, interstate, and local
substantive and procedural requirements, administrative authority, and
process and sanctions referred to in this subsection include, but are
not limited to, all administrative orders and all civil and
administrative penalties and fines, regardless of whether such
penalties or fines are punitive or coercive in nature or are imposed
for isolated, intermittent, or continuing violations. The United States
hereby expressly waives any immunity otherwise applicable to the United
States with respect to any such requirement, administrative authority,
and process and sanctions (including, but not limited to, any
injunctive relief, administrative order or civil or administrative
penalty or fine referred to in the preceding sentence, or reasonable
service charge). The reasonable service charges referred to in this
subsection include, but are not limited to, fees or charges assessed in
connection with the processing and issuance of permits, renewal of
permits, amendments to permits, review of plans, studies, and other
documents, and inspection and monitoring of facilities, as well as any
other nondiscriminatory charges that are assessed in connection with a
Federal, State, interstate, or local water pollution regulatory
program. No agent, employee, or officer of the United States shall be
personally liable for any civil penalty under any Federal, State,
interstate, or local water pollution law with respect to any act or
omission within the scope of the official duties of the agent,
employee, or officer. An agent, employee, or officer of the United
States shall be subject to any criminal sanction (including, but not
limited to, any fine or imprisonment) under any Federal or State water
pollution law, but no department, agency, or instrumentality of the
executive, legislative, or judicial branch of the Federal Government
shall be subject to any such sanction.''.
SEC. 3. FEDERAL FACILITY ENFORCEMENT.
Section 309 of the Federal Water Pollution Control Act (33 U.S.C.
1319) is amended by adding at the end the following:
``(h) Federal Facility Enforcement.--
``(1) Compliance orders.--
``(A) In general.--Whenever on the basis of any
information available to him--
``(i) the Administrator determines that any
department, agency, or instrumentality of the
United States has violated or is in violation
of section 301, 302, 306, 307, 308, 311, 318,
or 405 of this Act, or has violated or is in
violation of any permit condition or limitation
implementing any such section in a permit
issued under section 402 of this Act by the
Administrator or by a State, or in a permit
issued under section 404 of this Act by a
State, or any requirement imposed in a
pretreatment program approved under section
402(a)(3) or 402(b)(8) of this Act, or any
requirement imposed under section 402(b)(9) of
this Act;
``(ii) the Secretary of the Army determines
that any department, agency, or instrumentality
of the United States has violated or is in
violation of section 301 with regard to
discharges of dredged or fill material or any
condition or limitation in a permit issued
under section 404 of this Act; and
``(iii) the Secretary of the department in
which the Coast Guard is operating determines
that any department, agency, or instrumentality
of the United States has violated any provision
of section 311 of this Act or any of its
implementing regulations;
the Administrator or Secretary, as applicable, may
issue an order to assess an administrative penalty for
any past or current violation or require compliance or
correction of any past or current violation immediately
or within a specified time period, or both.
``(B) Required terms.--Any order issued under this
subsection--
``(i) by the Administrator may include a
suspension or revocation of any permit issued
by the Administrator or a State under sections
402 and 404 of this Act; and
``(ii) by the Secretary of the Army may
include a suspension or revocation of any
permit issued by the Secretary of the Army
under section 404 of this Act; and
shall state with reasonable specificity the nature of the
violation. Any penalty assessed in the order shall not exceed
$25,000 per day for each violation.
``(2) Public hearing.--Any order under this section shall
become final unless, not later than 30 days after the order is
served, a department, agency, or instrumentality of the United
States named therein requests a public hearing. Upon such
request, the Administrator or Secretary, as applicable, shall
promptly conduct a public hearing. Such public hearing shall be
conducted in accordance with section 554 of title 5, United
States Code. In connection with any proceeding under this
subsection, the Administrator or Secretary may issue subpoenas
for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents and may
promulgate rules for discovery procedures.
``(3) Violation of compliance orders.--If a violator fails
to take corrective action within the time specified in an order
issued under paragraph (1)--
``(A) the Administrator or Secretary, as
applicable, may assess a civil penalty of not more than
$25,000 for each day of continued noncompliance with
the order; and
``(B)(i) the Administrator may suspend or revoke
any permit issued pursuant to section 402 or 404 of
this Act which is the subject of the order, whether
issued by the Administrator or the State; and
``(ii) the Secretary of the Army may suspend or
revoke any permit issued pursuant to section 404 of
this Act.
``(4) Determination of amount of penalty.--In determining
the amount of any penalty assessed under this subsection, the
Administrator or Secretary, as the case may be, shall consider
the seriousness of each violation or violations, the violator's
economic benefit or savings (if any) resulting from each
violation, any history of prior violations, any good-faith
efforts to avoid noncompliance or to comply with the applicable
requirements, the violator's ability to pay the penalty, and
such other matters in mitigation and aggravation as justice may
require.
``(5) Emergency orders at federal facilities.--The
Administrator may issue an emergency administrative order to,
and assess an administrative penalty for violations of the
order against, a Federal agency under the same circumstances as
an emergency order may be issued to, and such penalty for
violation of such order may be assessed, against any other
person under this title.
``(6) Consultation with the administrator.--No
administrative order, including any emergency order or field
citation, issued to a Federal department, agency or
instrumentality under this subsection shall become final until
such department, agency, or instrumentality has had the
opportunity to confer with the Administrator.
``(7) Existing compliance orders.--Nothing in this section
shall be construed to alter, modify, or change in any manner
any Federal facility compliance agreement, permit,
administrative order or judicial order that is in effect on the
effective date of this subsection.
``(8) Actions and rights of interested persons.--No
administrative action which has been commenced by the
Administrator or the Secretary under this subsection with
respect to a violation shall preclude a civil enforcement
action under section 505 of this Act for the same violation or
violations.
``(9) Special rules.--
``(A) Public notice.--Before issuing an order under
this subsection, the Administrator or Secretary, as the
case may be, shall provide public notice of and
reasonable opportunity to comment on the proposed
issuance of such order.
``(B) Presentation of evidence.--Any person who
comments on a proposed order under this subsection
shall be given notice of any hearing held under
paragraph (2) and the order. In any hearing held under this subsection,
such person shall have a reasonable opportunity to be heard and to
present evidence.
``(C) Rights of interested persons to a hearing.--
If no hearing is held under paragraph (2), any person
who commented on the proposed order may petition,
within 30 days after the issuance of such order, the
Administrator or Secretary, as the case may be, to set
aside such order and to provide a hearing on the order.
If the evidence presented by the petitioner in support
of the petition is material and was not considered in
the issuance of the order, the Administrator or
Secretary shall immediately set aside such order and
provide a hearing in accordance with paragraph (2). The
affected Federal department, agency, or instrumentality
shall be given notice of any hearing and shall be
permitted to participate in such hearing. If the
Administrator or Secretary denies a hearing under this
subparagraph, the Administrator shall provide to the
petitioner and to the affected Federal department,
agency, or instrumentality, and publish in the Federal
Register, notice of and the reasons for such denial.
``(D) Finality of order.--An order issued under
this subsection shall become final 30 days after its
issuance unless the order is withdrawn or a hearing is
requested under paragraph (2) or (5). If such a hearing
is denied, such order shall become final 30 days after
such denial. If such a hearing is granted, the order
shall become final 30 days after the decision to uphold
the order or to issue a new order.
``(10) Citizen's civil action.--Any person may commence a
civil action on his or her own behalf against--
``(A) any Federal agency that is alleged to have
violated or to be in violation of any order issued by
the Administrator or the Secretary under this title; or
``(B) any Federal agency that fails, within 1 year
of the effective date of a final order, to pay a
penalty assessed by the Administrator or the Secretary
under this subsection.''.
SEC. 4. DETERMINATION OF AMOUNT OF CIVIL PENALTIES.
The second sentence of section 309(d) of the Federal Water
Pollution Control Act (33 U.S.C. 1319(d)) is amended by inserting ``the
amount of any penalty previously imposed on the violator by a court or
administrative agency for the same violation or violations,'' after
``economic impact of the penalty on the violator,''.
SEC. 5. DEFINITION OF PERSON.
(a) General Definitions.--Section 502(5) of the Federal Water
Pollution Control Act (33 U.S.C. 1362(5)) is amended by inserting
before the period at the end the following: ``and includes any
department, agency, or instrumentality of the United States''.
(b) Oil and Hazardous Substance Liability Program.--Section
311(a)(7) of such Act (33 U.S.C. 1321(a)(7)) is amended by inserting
before the semicolon at the end the following: ``and any department,
agency, or instrumentality of the United States''.
SEC. 6. DEFINITION OF RADIOACTIVE MATERIAL.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
``(21) The term `radioactive materials' includes source materials,
special nuclear materials, and byproduct materials (as such terms are
defined under the Atomic Energy Act of 1954) which are used, produced,
or managed at facilities not licensed by the Nuclear Regulatory
Commission.''. | Federal Facilities Clean Water Compliance Act of 1997 - Amends the Federal Water Pollution Control Act (the Act) to waive immunity of the United States with respect to Federal, State, interstate, and local requirements, administrative authorities, sanctions, and penalties concerning water pollution control.
Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution control laws, but prohibits applying criminal sanctions to Federal agencies. Permits the imposition of civil penalties or the issuance of compliance orders against Federal agencies determined to be in violation of specified water pollution control or permit requirements. Authorizes the suspension or revocation of permits.
Permits the issuance of emergency administrative orders to, and penalties against, Federal agencies. Prohibits an administrative action commenced by the Administrator of the Environmental Protection Agency or the Secretary of the Army for violations by Federal facilities from precluding a civil enforcement action for the same violations. Permits citizen civil actions against Federal agencies alleged to have violated orders issued by the Administrator or the Secretary or that fail to pay a penalty within one year of the effective date of a final order.
Includes Federal agencies within the definition of "person" for purposes of the Act. | Federal Facilities Clean Water Compliance Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``10,000 Trained by 2010 Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the National Science Foundation has long been a
government leader in strengthening our Nation's information
infrastructure;
(2) as automation and digitization reach the healthcare
industry, that industry will need to draw heavily on the
expertise of researchers funded by the National Science
Foundation for the collection, processing, and utilization of
information;
(3) the National Science Foundation's basic research,
demonstrations, and curriculum development assistance are all
required to help make sure the industry has the knowledge,
procedures, and workforce necessary to take full advantage of
advanced communications and information technology;
(4) the Bureau of Labor Statistics estimated that 136,000
Americans were employed in 2000 as information management
professionals in the healthcare industry alone, with projected
growth of 49 percent by 2010; and
(5) no systematic plan exists for designing and
implementing systems and information tools and for ensuring
that the healthcare workforce can make the transition to the
information age.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Information.--The term ``information'' means healthcare
information.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
SEC. 4. NATIONAL SCIENCE FOUNDATION RESEARCH.
(a) Grants.--
(1) In general.--The Director, in consultation with the
heads of other Federal agencies as appropriate, shall award
grants for basic research on innovative approaches to improve
information systems. Research areas may include--
(A) information studies;
(B) population informatics;
(C) translational informatics; and
(D) data security, integrity, and confidentiality.
(2) Merit review; competition.--Grants shall be awarded
under this section on a merit-reviewed, competitive basis.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $3,500,000 for fiscal year 2008;
(B) $3,600,000 for fiscal year 2009;
(C) $3,700,000 for fiscal year 2010; and
(D) $3,800,000 for fiscal year 2011.
(b) Informatics Research Centers.--
(1) In general.--The Director, in consultation with the
heads of other Federal agencies as appropriate, shall award
multiyear grants, subject to the availability of
appropriations, to institutions of higher education (or
consortia thereof) to establish multidisciplinary Centers for
Informatics Research. Institutions of higher education (or
consortia thereof) receiving such grants may partner with one
or more government laboratories, for-profit institutions, or
non-profit institutions.
(2) Merit review; competition.--Grants shall be awarded
under this subsection on a merit-reviewed, competitive basis.
(3) Purpose.--The purpose of the Centers shall be to
generate innovative approaches in information by conducting
cutting-edge, multidisciplinary research, including in the
research areas described in subsection (a)(1).
(4) Applications.--An institution of higher education (or a
consortium thereof) seeking funding under this subsection shall
submit an application to the Director at such time, in such
manner, and containing such information as the Director may
require. The application shall include, at a minimum, a
description of--
(A) the research projects that will be undertaken
by the Center and the contributions of each of the
participating entities;
(B) how the Center will promote active
collaboration among professionals from different
disciplines, such as information technology
specialists, health professionals, administrators, and
social science researchers; and
(C) how the Center will contribute to increasing
the number of information researchers and other
professionals.
(5) Criteria.--In evaluating the applications submitted
under paragraph (4), the Director shall consider, at a
minimum--
(A) the ability of the applicant to generate
innovative approaches to information and effectively
carry out the research program;
(B) the experience of the applicant in conducting
research in the information field, and the capacity of
the applicant to foster new multidisciplinary
collaborations;
(C) the capacity of the applicant to attract and
provide adequate support for undergraduate and graduate
students to pursue information research; and
(D) the extent to which the applicant will partner
with government laboratories or for-profit or non-
profit entities, and the role the government
laboratories or for-profit or non-profit entities will
play in the research undertaken by the Center.
(6) Annual meeting.--The Director shall convene an annual
meeting of the Centers in order to foster collaboration and
communication between Center participants.
(7) Authorization of appropriations.--There are authorized
to be appropriated for the National Science Foundation to carry
out this subsection--
(A) $4,500,000 for fiscal year 2008;
(B) $4,600,000 for fiscal year 2009;
(C) $4,700,000 for fiscal year 2010; and
(D) $4,800,000 for fiscal year 2011.
SEC. 5. NATIONAL SCIENCE FOUNDATION INFORMATION PROGRAMS.
(a) Capacity Building Grants.--
(1) In general.--The Director, in consultation with the
heads of other Federal agencies as appropriate, shall establish
a program to award grants to institutions of higher education
(or consortia thereof) to establish or improve undergraduate
and master's degree information programs, to increase the
number of students who pursue undergraduate or master's degrees
in information fields, to provide students with experience in
government or industry related to their information studies,
and, to the extent practicable, to do so using distance
learning.
(2) Merit review; competition.--Grants shall be awarded
under this subsection on a merit-reviewed, competitive basis.
(3) Use of funds.--Grants awarded under this subsection
shall be used for activities that enhance the ability of an
institution of higher education (or consortium thereof) to
provide high-quality information education, including
certification and undergraduate and master's degree programs,
and to recruit and retain increased numbers of students to such
programs. Activities may include--
(A) developing and revising curriculum to better
prepare undergraduate and master's degree students for
careers in the information field;
(B) establishing degree and certificate programs in
the information field;
(C) creating opportunities in information research
for undergraduate students;
(D) acquiring equipment necessary for student
instruction in these programs, including the
installation of testbed networks for student use;
(E) providing opportunities for faculty to work
with State, local, or Federal Government agencies,
private industry, and other academic institutions to
develop new expertise or to formulate new information
research directions;
(F) establishing collaborations with other academic
institutions or departments that seek to establish,
expand, or enhance these programs;
(G) establishing student internships for students
in these programs at State, local, and Federal
Government agencies or in private industry;
(H) establishing or enhancing bridge programs in
information fields between community colleges and
universities; and
(I) any other activities the Director, in
consultation with the heads of other Federal agencies
as appropriate, determines will achieve the purposes
described in paragraph (1).
(4) Selection process.--
(A) Application.--An institution of higher
education (or a consortium thereof) seeking funding
under this subsection shall submit an application to
the Director at such time, in such manner, and with
such contents as the Director may require. The
application shall include, at a minimum--
(i) a description of the applicant's
relevant research and instructional capacity,
and in the case of an application from a
consortium of institutions of higher education,
a description of the role that each member will
play in implementing the proposal;
(ii) a comprehensive plan by which the
institution or consortium will build
instructional capacity in information fields;
(iii) a description of relevant
collaborations with State, local, or Federal
Government agencies or private industry that
inform the instructional program;
(iv) a survey of the applicant's historic
student enrollment and placement data and a
study of potential enrollment and placement for
students enrolled in the proposed program; and
(v) a plan to evaluate the success of the
proposed program, including postgraduate
assessment of graduate school and job placement
and retention rates as well as the relevance of
the instructional program to graduate study and
to the workplace.
(B) Awards.--The Director shall ensure, to the
extent practicable, that grants are awarded under this
subsection in a wide range of geographic areas and
categories of institutions of higher education.
(5) Assessment required.--The Director, in consultation
with the heads of other Federal agencies as appropriate, shall
evaluate the program established under this subsection no later
than 3 years after the establishment of the program. At a
minimum, the Director shall evaluate the extent to which the
grants have achieved their objectives of increasing the quality
and quantity of students pursuing undergraduate or master's
degrees in information fields. The Director shall make this
assessment publicly available.
(6) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $9,000,000 for fiscal year 2008;
(B) $9,200,000 for fiscal year 2009;
(C) $9,400,000 for fiscal year 2010; and
(D) $9,600,000 for fiscal year 2011.
(b) Scientific and Advanced Technology Act of 1992.--
(1) Grants.--The Director shall provide grants under the
Scientific and Advanced Technology Act of 1992 for the purposes
of section 3(a) and (b) of that Act, except that the activities
supported pursuant to this subsection shall be limited to
improving education in fields related to information.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $7,000,000 for fiscal year 2008;
(B) $7,200,000 for fiscal year 2009;
(C) $7,400,000 for fiscal year 2010; and
(D) $7,600,000 for fiscal year 2011.
Passed the House of Representatives June 6, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
By Deborah M. Spriggs,
Deputy Clerk. | 10,000 Trained by 2010 Act - Requires the Director of the National Science Foundation (NSF) to award competitive grants for basic research on innovative approaches to improve health care information systems.
Requires the Director to award competitive, multi-year grants to institutions of higher education (IHEs) to establish multidisciplinary Centers for Informatics Research for conducting cutting-edge, multidisciplinary research to generate innovative approaches in health care information. Allows IHEs to partner with one or more government laboratories and for-profit or nonprofit institutions. Requires the Director to convene an annual meeting of the Centers to foster collaboration and cooperation between Center participants.
Requires the Director to award competitive grants to IHEs to establish or improve undergraduate and master's degree health care information programs, attract students to such programs, and provide them with experience in government or industry related to their studies. Requires the Director to evaluate this grant program within three years of establishing it.
Requires the Director to award grants under the Scientific and Advanced Technology Act of 1992 for the purposes of two existing grant programs that provide funds to associate-degree-granting IHEs for: (1) improving education in advanced technology, science, and mathematics; and (2) establishing centers of excellence in such subjects that serve as information clearinghouses and models for other educational institutions. Limits the use of these new grants to improving health information education.
Authorizes appropriations for FY2008-FY2011. | To authorize the National Science Foundation to award grants to institutions of higher education to develop and offer education and training programs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Training for Realtime Writers Act of
2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) As directed by Congress in section 723 of the
Communications Act of 1934 (47 U.S.C. 613), as added by section
305 of the Telecommunications Act of 1996 (Public Law 104-104;
110 Stat. 126), the Federal Communications Commission adopted
rules requiring closed captioning of most television
programming, which gradually require new video programming to
be fully captioned beginning in 2006.
(2) More than 28,000,000 Americans, or 8 percent of the
population, are considered deaf or hard of hearing, and many
require captioning services to participate in mainstream
activities.
(3) More than 24,000 children are born in the United States
each year with some form of hearing loss.
(4) According to the Department of Health and Human
Services and a study done by the National Council on Aging--
(A) 25 percent of Americans over 65 years old are
hearing impaired;
(B) 33 percent of Americans over 70 years old are
hearing impaired; and
(C) 41 percent of Americans over 75 years old are
hearing impaired.
(5) The National Council on Aging study also found that
depression in older adults may be directly related to hearing
loss and disconnection with the spoken word.
(6) Empirical research demonstrates that captions improve
the performance of individuals learning to read English and,
according to numerous Federal agency statistics, could
benefit--
(A) 3,700,000 remedial readers;
(B) 12,000,000 young children learning to read;
(C) 27,000,000 illiterate adults; and
(D) 30,000,000 people for whom English is a second
language.
(7) Over the past 5 years, student enrollment in programs
that train court reporters to become realtime writers has
decreased significantly, causing such programs to close on many
campuses.
SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB
PLACEMENT OF REALTIME WRITERS.
(a) In General.--The National Telecommunications and Information
Administration shall make competitive grants to eligible entities under
subsection (b) to promote training and placement of individuals,
including individuals who have completed a court reporting training
program, as realtime writers in order to meet the requirements for
closed captioning of video programming set forth in section 723 of the
Communications Act of 1934 (47 U.S.C. 613) and the rules prescribed
thereunder.
(b) Eligible Entities.--For purposes of this Act, an eligible
entity is a court reporting program that--
(1) can document and demonstrate to the Secretary of
Commerce that it meets minimum standards of educational and
financial accountability, with a curriculum capable of training
realtime writers qualified to provide captioning services;
(2) is accredited by an accrediting agency recognized by
the Department of Education; and
(3) is participating in student aid programs under title IV
of the Higher Education Act of 1965.
(c) Priority in Grants.--In determining whether to make grants
under this section, the Secretary of Commerce shall give a priority to
eligible entities that, as determined by the Secretary of Commerce--
(1) possess the most substantial capability to increase
their capacity to train realtime writers;
(2) demonstrate the most promising collaboration with local
educational institutions, businesses, labor organizations, or
other community groups having the potential to train or provide
job placement assistance to realtime writers; or
(3) propose the most promising and innovative approaches
for initiating or expanding training and job placement
assistance efforts with respect to realtime writers.
(d) Duration of Grant.--A grant under this section shall be for a
period of two years.
(e) Maximum Amount of Grant.--The amount of a grant provided under
subsection (a) to an entity eligible may not exceed $1,500,000 for the
two-year period of the grant under subsection (d).
SEC. 4. APPLICATION.
(a) In General.--To receive a grant under section 3, an eligible
entity shall submit an application to the National Telecommunications
and Information Administration at such time and in such manner as the
Administration may require. The application shall contain the
information set forth under subsection (b).
(b) Information.--Information in the application of an eligible
entity under subsection (a) for a grant under section 3 shall include
the following:
(1) A description of the training and assistance to be
funded using the grant amount, including how such training and
assistance will increase the number of realtime writers.
(2) A description of performance measures to be utilized to
evaluate the progress of individuals receiving such training
and assistance in matters relating to enrollment, completion of
training, and job placement and retention.
(3) A description of the manner in which the eligible
entity will ensure that recipients of scholarships, if any,
funded by the grant will be employed and retained as realtime
writers.
(4) A description of the manner in which the eligible
entity intends to continue providing the training and
assistance to be funded by the grant after the end of the grant
period, including any partnerships or arrangements established
for that purpose.
(5) A description of how the eligible entity will work with
local workforce investment boards to ensure that training and
assistance to be funded with the grant will further local
workforce goals, including the creation of educational
opportunities for individuals who are from economically
disadvantaged backgrounds or are displaced workers.
(6) Additional information, if any, of the eligibility of
the eligible entity for priority in the making of grants under
section 3(c).
(7) Such other information as the Administration may
require.
SEC. 5. USE OF FUNDS.
(a) In General.--An eligible entity receiving a grant under section
3 shall use the grant amount for purposes relating to the recruitment,
training and assistance, and job placement of individuals, including
individuals who have completed a court reporting training program, as
realtime writers, including--
(1) recruitment;
(2) subject to subsection (b), the provision of
scholarships;
(3) distance learning;
(4) development of curriculum to more effectively train
realtime writing skills, and education in the knowledge
necessary for the delivery of high-quality closed captioning
services;
(5) assistance in job placement for upcoming and recent
graduates with all types of captioning employers;
(6) encouragement of individuals with disabilities to
pursue a career in realtime writing; and
(7) the employment and payment of personnel for such
purposes.
(b) Scholarships.--
(1) Amount.--The amount of a scholarship under subsection
(a)(2) shall be based on the amount of need of the recipient of
the scholarship for financial assistance, as determined in
accordance with part F of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1087kk).
(2) Agreement.--Each recipient of a scholarship under
subsection (a)(2) shall enter into an agreement with the
National Telecommunications and Information Administration to
provide realtime writing services for a period of time (as
determined by the Administration) that is appropriate (as so
determined) for the amount of the scholarship received.
(3) Coursework and employment.--The Administration shall
establish requirements for coursework and employment for
recipients of scholarships under subsection (a)(2), including
requirements for repayment of scholarship amounts in the event
of failure to meet such requirements for coursework and
employment. Requirements for repayment of scholarship amounts
shall take into account the effect of economic conditions on
the capacity of scholarship recipients to find work as realtime
writers.
(c) Administrative Costs.--The recipient of a grant under section 3
may not use more than 5 percent of the grant amount to pay
administrative costs associated with activities funded by the grant.
(d) Supplement Not Supplant.--Grants amounts under this Act shall
supplement and not supplant other Federal or non-Federal funds of the
grant recipient for purposes of promoting the training and placement of
individuals as realtime writers
SEC. 6. REPORTS.
(a) Annual Reports.--Each eligible entity receiving a grant under
section 3 shall submit to the National Telecommunications and
Information Administration, at the end of each year of the grant
period, a report on the activities of such entity with respect to the
use of grant amounts during such year.
(b) Report Information.--
(1) In general.--Each report of an entity for a year under
subsection (a) shall include a description of the use of grant
amounts by the entity during such year, including an assessment
by the entity of the effectiveness of activities carried out
using such funds in increasing the number of realtime writers.
The assessment shall utilize the performance measures submitted
by the entity in the application for the grant under section
4(b).
(2) Final report.--The final report of an entity on a grant
under subsection (a) shall include a description of the best
practices identified by the entity as a result of the grant for
increasing the number of individuals who are trained, employed,
and retained in employment as realtime writers.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act,
amounts as follows:
(1) $20,000,000 for each of fiscal years 2004, 2005, and
2006.
(2) Such sums as may be necessary for fiscal year 2007.
Passed the Senate November 19, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 480
_______________________________________________________________________
AN ACT
To provide competitive grants for training court reporters and closed
captioners to meet requirements for realtime writers under the
Telecommunications Act of 1996, and for other purposes. | Training for Realtime Writers Act of 2004 - Directs the National Telecommunications and Information Administration to make competitive grants to eligible entities to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers providing closed captioning in video programming. Sets forth: (1) priorities in making grants; and (2) grant application requirements. Limits grants to $1.5 million for a two-year period.
Requires each grant recipient to report: (1) annually during the grant period on the use of funds; and (2) on best practices identified for increasing the number of individuals trained, employed, and retained as realtime writers.
Authorizes appropriations. | A bill to provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Telecommunications Act of 1996, and for other purposes. |
SECTION 1. CREDITABILITY OF SERVICE.
Section 8332 of title 5, United States Code, is amended by adding
at the end the following:
``(o)(1) Upon application to the Office of Personnel Management,
any employee or Member shall be allowed credit for service performed,
after December 31, 1965, and before January 1, 1987, as an employee
described in section 2105(c), but only if that individual has completed
or thereafter completes at least 5 years of creditable civilian service
under this section (exclusive of service for which credit is allowed
under this subsection).
``(2)(A) Except as provided in subparagraph (C), credit for a
period of service shall not be allowed under this subsection unless the
employee or Member deposits to the credit of the Fund an amount equal
to the deductions from pay which would have been required under section
8334 with respect to such service if such employee or Member had been
subject to this subchapter at the time of performing such service.
``(B) An employee or Member who makes the deposit shall be allowed
full retirement credit for the period or periods of service involved.
If the employee or Member dies, a survivor as defined by section
8331(10) may make the deposit.
``(C) If the deposit is not made in full, retirement credit shall
be allowed, but the annuity shall be reduced in a manner similar to
that described in section 8418(b). In no event shall the resulting
annuity be less than would be the case if this subsection had not been
enacted.
``(3) The Office shall accept the certification of the head of the
relevant nonappropriated fund instrumentality of the United States
concerning the service of, and the amount of compensation received by,
an employee or Member with respect to which credit is sought under this
subsection.
``(4) An individual receiving credit for service for any period
under this subsection shall not be granted credit for such service
under any retirement system for employees of a nonappropriated fund
instrumentality.
``(5) The Office shall prescribe regulations for the application of
this subsection in the case of an employee or Member (within the
meaning of chapter 84) who, upon separation, would otherwise be
entitled to an annuity that is partially computed under this subchapter
(determined disregarding service for which credit is allowed under this
subsection) or a survivor of such an employee or Member.
``(6) An application under this subsection may be submitted no
later than 2 years after the effective date of regulations which the
Office shall prescribe to carry out this subsection.''.
SEC. 2. APPLICABILITY TO ANNUITANTS AND DEFERRED ANNUITANTS.
(a) In General.--An annuity or survivor annuity based on the
service of an individual who performed service creditable under section
8332(o) of title 5, United States Code (as amended by this Act) shall,
upon application to the Office of Personnel Management, be recomputed
in accordance with such section 8332(o).
(b) Actuarial Reduction.--Notwithstanding any other provision of
this Act, no deposit under section 8332(o) of title 5, United States
Code (as amended by this Act) shall be permitted or required under this
section, and any recomputation under this section shall reflect the
appropriate actuarial reduction.
(c) Prospective Effect.--Any recomputation under this section shall
apply with respect to benefits for months beginning later than 30 days
after the date on which application for such recomputation is received
by the Office.
(d) Same Deadline.--An application under this section shall not be
accepted after the end of the 2-year period referred to in section
8332(o)(6) of title 5, United States Code (as amended by this Act).
SEC. 3. NOTIFICATION AND ASSISTANCE.
(a) Notification.--The Office of Personnel Management shall take
such measures as it considers appropriate to inform individuals
entitled to have any service credited under section 8332(o) of title 5,
United States Code (as amended by this Act), or to have any amounts
recomputed under section 2, of their entitlement to such credit or
recomputation.
(b) Assistance From the Office of Personnel Management.--The Office
of Personnel Management shall, on request, assist any individual
referred to in subsection (a) in obtaining from any department, agency,
or other instrumentality of the United States such information
possessed by such instrumentality as may be necessary to verify the
entitlement of such individual to have any service credited under
section 8332(o) of title 5, United States Code (as amended by this Act)
or to have any amounts recomputed under section 2.
(c) Assistance From Other Agencies.--Any department, agency, or
other instrumentality of the United States which possesses any
information with respect to any service of an individual described in
section 8332(o) of title 5, United States Code (as amended by this Act)
shall--
(1) at the request of such individual (or an appropriate
survivor), furnish such information to that individual (or
survivor); and
(2) at the request of the Office of Personnel Management,
furnish such information to the Office. | Directs the Office of Personnel Management to inform individuals entitled to have any service credited or to have any amounts recomputed. | To amend subchapter III of chapter 83 of title 5, United States Code, to make service performed as an employee of a nonappropriated fund instrumentality after 1965 and before 1987 creditable for retirement purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Fish and Wildlife
Foundation Establishment Act Amendments of 2000''.
SEC. 2. PURPOSES.
Section 2(b) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701(b)) is amended by striking paragraph
(1) and inserting the following:
``(1) to encourage, accept, and administer private gifts of
property for the benefit of, or in connection with, the
activities and services of the Department of the Interior and
the Department of Commerce to further the conservation and
management of fish, wildlife, plants, and other natural
resources;''.
SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--Section 3 of the National Fish
and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended
by striking subsection (a) and inserting the following:
``(a) Establishment and Membership.--
``(1) In general.--The Foundation shall have a governing
Board of Directors (referred to in this Act as the `Board'),
which shall consist of 25 Directors appointed in accordance
with subsection (b), each of whom shall be a United States
citizen.
``(2) Representation of diverse points of view.--To the
maximum extent practicable, the membership of the Board shall
represent diverse points of view relating to conservation and
management of fish, wildlife, plants, and other natural
resources.
``(3) Not federal employees.--Appointment as a Director of
the Foundation shall not constitute employment by, or the
holding of an office of, the United States for the purpose of
any Federal law.''.
(b) Appointment and Terms.--Section 3 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by
striking subsection (b) and inserting the following:
``(b) Appointment and Terms.--
``(1) Agency heads.--The Director of the United States Fish
and Wildlife Service and the Under Secretary of Commerce for
Oceans and Atmosphere shall be Directors of the Foundation.
``(2) Appointments by the secretary of the interior.--
``(A) In general.--Subject to subparagraph (B),
after consulting with the Secretary of Commerce and
considering the recommendations submitted by the Board,
the Secretary of the Interior shall appoint 23
Directors who meet the criteria established by
subsection (a), of whom--
``(i) at least 6 shall be educated or
experienced in fish, wildlife, or other natural
resource conservation;
``(ii) at least 4 shall be educated or
experienced in the principles of fish,
wildlife, or other natural resource management;
and
``(iii) at least 4 shall be educated or
experienced in ocean and coastal resource
conservation.
``(B) Transition provision.--
``(i) Continuation of terms.--The 15
Directors serving on the Board as of the date
of enactment of this paragraph shall continue
to serve until the expiration of their terms.
``(ii) New directors.--The Secretary of the
Interior shall appoint 8 new Directors. To the
maximum extent practicable, those appointments
shall be made not later than 45 calendar days
after the date of enactment of this paragraph.
``(3) Terms.--
``(A) In general.--Subject to subparagraph (B),
each Director (other than a Director described in
paragraph (1)) shall be appointed for a term of 6
years.
``(B) Initial appointments to new member
positions.--Of the Directors appointed by the Secretary
of the Interior under paragraph (2)(B)(ii), the
Secretary shall appoint--
``(i) 2 Directors for a term of 2 years;
``(ii) 3 Directors for a term of 4 years;
and
``(iii) 3 Directors for a term of 6 years.
``(4) Vacancies.--
``(A) In general.--The Secretary of the Interior
shall fill a vacancy on the Board. To the maximum
extent practicable, a vacancy shall be filled not later
than 45 calendar days after the occurrence of the
vacancy.
``(B) Term of appointments to fill unexpired
terms.--An individual appointed to fill a vacancy that
occurs before the expiration of the term of a Director
shall be appointed for the remainder of the term.
``(5) Reappointment.--An individual (other than an
individual described in paragraph (1)) shall not serve more
than 2 consecutive terms as a Director, excluding any term of less than
6 years.
``(6) Request for removal.--The Executive Committee of the
Board may submit to the Secretary a letter describing the
nonperformance of a Director and requesting the removal of the
Director from the Board.
``(7) Consultation before removal.--Before removing any
Director from the Board, the Secretary shall consult with the
Secretary of Commerce.''.
(c) Technical Amendments.--
(1) Section 4(c)(5) of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3703(c)(5)) is amended
by striking ``Directors of the Board'' and inserting
``Directors of the Foundation''.
(2) Section 6 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3705) is amended--
(A) by striking ``Secretary'' and inserting
``Secretary of the Interior or the Secretary of
Commerce''; and
(B) by inserting ``or the Department of Commerce''
after ``Department of the Interior''.
SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) Principal Office of the Foundation.--Section 4(a)(3) of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703(a)(3)) is amended by inserting after ``the District of Columbia''
the following: ``or in a county in the State of Maryland or Virginia
that borders on the District of Columbia''.
(b) Investment and Deposit of Federal Funds.--Section 4(c) of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703(c)) is amended--
(1) by redesignating paragraphs (3) through (7) as
paragraphs (7) through (11), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) to invest any funds provided to the Foundation by the
Federal Government in obligations of the United States or in
obligations or securities that are guaranteed or insured by the
United States;
``(4) to deposit any funds provided to the Foundation by
the Federal Government into accounts that are insured by an
agency or instrumentality of the United States;
``(5) to make use of any interest or investment income that
accrues as a consequence of actions taken under paragraph (3)
or (4) to carry out the purposes of the Foundation;
``(6) to use Federal funds to make payments under
cooperative agreements entered into with willing private
landowners to provide substantial long-term benefits for the
restoration or enhancement of fish, wildlife, plants, and other
natural resources on private land;''.
(c) Agency Approval of Acquisitions of Property.--Section 4(e)(1)
of the National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3703(e)(1)) is amended by striking subparagraph (B) and
inserting the following:
``(B) the Foundation notifies the Federal agency that
administers the program under which the funds were provided of
the proposed acquisition, and the agency does not object in
writing to the proposed acquisition within 60 calendar days
after the date of the notification.''.
(d) Repeal.--Section 304 of Public Law 102-440 (16 U.S.C. 3703
note) is repealed.
(e) Agency Approval of Conveyances and Grants.--Section 4(e)(3)(B)
of the National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3703(e)(3)(B)) is amended by striking clause (ii) and inserting
the following:
``(ii) the Foundation notifies the Federal agency that
administers the Federal program under which the funds were
provided of the proposed conveyance or provision of Federal
funds, and the agency does not object in writing to the
proposed conveyance or provision of Federal funds within 60
calendar days after the date of the notification.''.
(f) Reconveyance of Real Property.--Section 4(e) of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)) is
amended by striking paragraph (5) and inserting the following:
``(5) Reconveyance of real property.--The Foundation shall
convey at not less than fair market value any real property
acquired by the Foundation in whole or in part with Federal
funds if the Foundation notifies the Federal agency that
administers the Federal program under which the funds were
provided, and the agency does not disagree within 60 calendar
days after the date of the notification, that--
``(A) the property is no longer valuable for the
purpose of conservation or management of fish,
wildlife, plants, and other natural resources; and
``(B) the purposes of the Foundation would be
better served by use of the proceeds of the conveyance
for other authorized activities of the Foundation.''.
(g) Expenditures for Printing Services or Capital Equipment.--
Section 4 of the National Fish and Wildlife Foundation Establishment
Act (16 U.S.C. 3703) is amended by adding at the end the following:
``(h) Expenditures for Printing Services or Capital Equipment.--The
Foundation shall not make any expenditure of Federal funds in
connection with any 1 transaction for printing services or capital
equipment that is greater than $10,000 unless the expenditure is
approved by the Federal agency that administers the Federal program
under which the funds were provided.''.
SEC. 5. FUNDING.
Section 10 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3709) is amended to read as follows:
``SEC. 10. FUNDING.
``(a) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this Act for each of fiscal years 2001 through
2006--
``(A) $30,000,000 to the Department of the
Interior; and
``(B) $10,000,000 to the Department of Commerce.
``(2) Requirement of advance payment.--The amount made
available for a fiscal year under paragraph (1), and any other
amounts provided to the Foundation for a fiscal year by the
Department of Commerce or the Department of the Interior, shall
be provided to the Foundation in an advance payment of the
entire amount on October 1, or as soon as practicable
thereafter, of the fiscal year.
``(3) Use of appropriated funds.--Subject to paragraph (4),
amounts made available under paragraph (1) shall be provided to
the Foundation for use for matching, on a 1-to-1 basis,
contributions (whether in currency, services, or property) made
to the Foundation by private persons and State and local
government agencies.
``(4) Prohibition on use for administrative expenses.--No
Federal funds made available under paragraph (1) shall be used
by the Foundation for administrative expenses of the
Foundation, including for salaries, travel and transportation
expenses, and other overhead expenses.
``(b) Additional Authorization.--
``(1) In general.--In addition to the amounts authorized to
be appropriated under subsection (a), the Foundation may accept
Federal funds from a Federal agency under any other Federal law
for use by the Foundation to further the conservation and
management of fish, wildlife, plants, and other natural
resources in accordance with the requirements of this Act.
``(2) Use of funds accepted from federal agencies.--Federal
funds provided to the Foundation under paragraph (1) shall be
used by the Foundation for matching, in whole or in part,
contributions (whether in currency, services, or property) made
to the Foundation by private persons and State and local
government agencies.
``(c) Prohibition on Use of Grant Amounts for Litigation and
Lobbying Expenses.--Amounts provided as a grant by the Foundation shall
not be used for--
``(1) any expense related to litigation; or
``(2) any activity the purpose of which is to influence
legislation pending before Congress.''.
SEC. 6. LIMITATION ON AUTHORITY.
The National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701 et seq.) is amended by adding at the end the following:
``SEC. 11. LIMITATION ON AUTHORITY.
``Nothing in this Act authorizes the Foundation to perform any
function the authority for which is provided to the National Park
Foundation by Public Law 90-209 (16 U.S.C. 19e et seq.).''. | (Sec. 3) Increases the Foundation's Board of Directors from 15 to 25 members, including the Director of the United States Fish and Wildlife Service and the Under Secretary of Commerce for Oceans and Atmosphere.
(Sec. 4) Authorizes the Foundation to have its principal offices in Washington, D.C. (as currently provided), or in the bordering counties of Maryland or Virginia.
Sets forth conditions for the Foundation to: (1) acquire and convey property, including agency approval; and (2) invest and deposit Federal funds.
Revises provisions relating to agency approval of acquisitions of property and of conveyances and grants. Sets forth limitations relating to the Foundation's: (1) reconveyance of real property; and (2) expenditures for printing services or capital equipment.
(Sec. 5) Authorizes appropriations for FY 2001 through 2006 for the Departments of Commerce and the Interior to carry out activities under the Act (conservation or management of fish, wildlife, plants, and other natural resources). Authorizes the Foundation to accept funds from a Federal agency under any other Federal law to further its conservation and management activities. Sets forth matching funds requirements.
Prohibits Foundation grants from being used for litigation expenses or for lobbying Congress.
Declares that nothing in this Act authorizes the Foundation to perform any function for which authority is provided to the National Park Foundation by specified Federal law. | National Fish and Wildlife Foundation Establishment Act Amendments of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing the Interstate Placement
of Children in Foster Care Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) when a child in foster care cannot return safely home,
the child deserves to be placed in a setting that is best for
that child, regardless of whether it is in the child's State or
another State;
(2) the Interstate Compact on the Placement of Children
(ICPC) was established in 1960 to provide a uniform legal
framework for the placement of children across State lines in
foster and adoptive homes;
(3) frequently, children waiting to be placed with an
adoptive family, relative, or foster parent in another State
spend more time waiting for this to occur than children who are
placed with an adoptive, family, relative, or foster parent in
the same State, because of the outdated, administratively
burdensome ICPC process;
(4) no child should have to wait longer to be placed in a
loving home simply because the child must cross a State line;
(5) the National Electronic Interstate Compact Enterprise
(NEICE) was launched in August 2014 in Indiana, Nevada,
Florida, South Carolina, Wisconsin, and the District of
Columbia, and is expected to be expanded into additional States
to improve the administrative process by which children are
placed with families across State lines;
(6) States using this electronic interstate case-processing
system have reduced administrative costs and the amount of
staff time required to process these cases, and caseworkers can
spend more time helping children instead of copying and mailing
paperwork between States;
(7) since NEICE was launched, placement time has decreased
by 30 percent for interstate foster care placements; and
(8) on average, States using this electronic interstate
case-processing system have been able to reduce from 24
business days to 13 business days the time it takes to identify
a family for a child and prepare the paperwork required to
start the ICPC process.
SEC. 3. STATE PLAN REQUIREMENT.
(a) In General.--Section 471(a)(25) of the Social Security Act (42
U.S.C. 671(a)(25)) is amended--
(1) by striking ``provide'' and insert ``provides''; and
(2) by inserting ``, which, not later than October 1, 2026,
shall include the use of an electronic interstate case-
processing system'' before the 1st semicolon.
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the 1st day of the 1st calendar quarter
beginning on or after the date of the enactment of this Act,
and shall apply to payments under part E of title IV of the
Social Security Act for calendar quarters beginning on or after
such date.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E
of title IV of the Social Security Act to meet the additional
requirement imposed by the amendments made by subsection (a),
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after 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, if the State has a
2-year legislative session, each year of the session is deemed
to be a separate regular session of the State legislature.
SEC. 4. GRANTS FOR THE DEVELOPMENT OF AN ELECTRONIC INTERSTATE CASE-
PROCESSING SYSTEM TO EXPEDITE THE INTERSTATE PLACEMENT OF
CHILDREN IN FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION.
Section 437 of the Social Security Act (42 U.S.C. 637) is amended
by adding at the end the following:
``(g) Grants for the Development of an Electronic Interstate Case-
processing System to Expedite the Interstate Placement of Children in
Foster Care or Guardianship, or for Adoption.--
``(1) Purpose.--The purpose of this subsection is to
facilitate the development of an electronic interstate case-
processing system for the exchange of data and documents to
expedite the placements of children in foster, guardianship, or
adoptive homes across State lines.
``(2) Application requirements.--A State that desires a
grant under this subsection shall submit to the Secretary an
application containing the following:
``(A) A description of the goals and outcomes to be
achieved during the period for which grant funds are
sought, which goals and outcomes must result in--
``(i) reducing the time it takes for a
child to be provided with a safe and
appropriate permanent living arrangement across
State lines;
``(ii) improving administrative processes
and reducing costs in the foster care system;
and
``(iii) the secure exchange of relevant
case files and other necessary materials in
real time, and timely communications and
placement decisions regarding interstate
placements of children.
``(B) A description of the activities to be funded
in whole or in part with the grant funds, including the
sequencing of the activities.
``(C) A description of the strategies for
integrating programs and services for children who are
placed across State lines.
``(D) Such other information as the Secretary may
require.
``(3) Grant authority.--The Secretary may make a grant to a
State that complies with paragraph (2).
``(4) Use of funds.--A State to which a grant is made under
this subsection shall use the grant to support the State in
connecting with the electronic interstate case-processing
system described in paragraph (1).
``(5) Evaluations.--Not later than 1 year after the final
year in which grants are awarded under this subsection, the
Secretary shall submit to the Congress, and make available to
the general public by posting on a website, a report that
contains the following information:
``(A) How using the electronic interstate case-
processing system developed pursuant to paragraph (4)
has changed the time it takes for children to be placed
across State lines.
``(B) The number of cases subject to the Interstate
Compact on the Placement of Children that were
processed through the electronic interstate case-
processing system, and the number of interstate child
placement cases that were processed outside the
electronic interstate case-processing system, by each
State in each year.
``(C) The progress made by States in implementing
the electronic interstate case-processing system.
``(D) How using the electronic interstate case-
processing system has affected various metrics related
to child safety and well-being, including the time it
takes for children to be placed across State lines.
``(E) How using the electronic interstate case-
processing system has affected administrative costs and
caseworker time spent on placing children across State
lines.
``(6) Data integration.--The Secretary, in consultation
with the Secretariat for the Interstate Compact on the
Placement of Children and the States, shall assess how the
electronic interstate case-processing system developed pursuant
to paragraph (4) could be used to better serve and protect
children that come to the attention of the child welfare
system, by--
``(A) connecting the system with other data systems
(such as systems operated by State law enforcement and
judicial agencies, systems operated by the Federal
Bureau of Investigation for the purposes of the
Innocence Lost National Initiative, and other systems);
``(B) simplifying and improving reporting related
to paragraphs (34) and (35) of section 471(a) regarding
children or youth who have been identified as being a
sex trafficking victim or children missing from foster
care; and
``(C) improving the ability of States to quickly
comply with background check requirements of section
471(a)(20), including checks of child abuse and neglect
registries as required by section 471(a)(20)(B).''.
SEC. 5. CONTINUATION OF DISCRETIONARY FUNDING TO PROMOTE SAFE AND
STABLE FAMILIES.
Section 437(a) of the Social Security Act (42 U.S.C. 637(a)) is
amended by striking ``2016'' and inserting ``2017''.
SEC. 6. RESERVATION OF FUNDS TO IMPROVE THE INTERSTATE PLACEMENT OF
CHILDREN.
Section 437(b) of the Social Security Act (42 U.S.C. 637(b)) is
amended by adding at the end the following:
``(4) Improving the interstate placement of children.--The
Secretary shall reserve $5,000,000 of the amount made available
for fiscal year 2017 for grants under subsection (g), and the
amount so reserved shall remain available through fiscal year
2021.''.
Passed the House of Representatives March 22, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Modernizing the Interstate Placement of Children in Foster Care Act (Sec. 3) This bill amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require the procedures a state must have in effect for the orderly and timely interstate placement of children to include the use of an electronic interstate case-processing system. (Sec. 4) The bill also authorizes grants for development of an electronic interstate case-processing system to expedite the interstate placement of children in foster care, guardianship, or adoptive homes. (Sec. 5) Discretionary funding shall continue through FY2017 to promote safe and stable families. (Sec. 6) The Department of Health and Human Services shall reserve $5 million of the amount made available for such grants for FY2017, which reserved amount shall remain available through FY2021. | Modernizing the Interstate Placement of Children in Foster Care Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Shutdown Prevention
Act''.
SEC. 2. AMENDMENT TO TITLE 31.
(a) In General.--Chapter 13 of title 31, United States Code, is
amended by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill for a fiscal year does
not become law prior to the beginning of such fiscal year or a joint
resolution making continuing appropriations is not in effect, there is
appropriated, out of any moneys in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, such sums as may be necessary to continue any
project or activity for which funds were provided in the preceding
fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, then in a joint
resolution making continuing appropriations for such preceding
fiscal year.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of ninety-five
per centum of the lower of--
``(A) the rate of operations provided for in the regular
appropriation Act providing for such project or activity for
the preceding fiscal year, or
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to a joint
resolution making continuing appropriations for such preceding
fiscal year.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of a lapse in appropriations and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether or
not such law provides for such project or activity) or a
continuing resolution making appropriations becomes law, as the
case may be, or
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made or funds made available for the
preceding fiscal year, or authority granted for such project or
activity under current law.
``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of a fiscal year providing for such project or activity for such
period becomes law.
``(e) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period, or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(f) For purposes of this section, the term `regular appropriation
bill' means any annual appropriation bill making appropriations,
otherwise making funds available, or granting authority, for any of the
following categories of projects and activities:
``(1) Agriculture, rural development, and related agencies
programs.
``(2) The Departments of Commerce, Justice, and State, the
judiciary, and related agencies.
``(3) The Department of Defense.
``(4) The government of the District of Columbia and other
activities chargeable in whole or in part against the revenues
of the District.
``(5) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
``(6) The Department of Housing and Urban Development, and
sundry independent agencies, boards, commissions, corporations,
and offices.
``(7) Energy and water development.
``(8) Foreign assistance and related programs.
``(9) The Department of the Interior and related agencies.
``(10) Military construction.
``(11) The Department of Transportation and related
agencies.
``(12) The Treasury Department, the U.S. Postal Service,
the Executive Office of the President, and certain independent
agencies.
``(13) The legislative branch.''.
(b) Clerical Amendment.--The analysis of chapter 13 of title 31,
United States Code, is amended by inserting after the item relating to
section 1310 the following new item:
``1311. Continuing appropriations.''.
(c) Protection of Other Obligations.--Nothing in the amendments
made by this section shall be construed to affect Government
obligations mandated by other law, including obligations with respect
to Social Security, Medicare, and Medicaid.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to fiscal
years beginning with fiscal year 1998. | Government Shutdown Prevention Act - Amends Federal law to provide for continuing appropriations in the absence of regular appropriations. | Government Shutdown Prevention Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing and Employment Opportunities
Reform Act''.
SEC. 2. AMENDMENTS.
Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) is amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (g), (h) and (i), respectively;
(2) in subsection (g), as so redesignated, by inserting
after paragraph (2) the following new paragraph:
``(3) One-stop delivery system.--The term `one-stop
delivery system' has the meaning given that term in section
134(c) of the Workforce Investment Act of 1998 (29 U.S.C.
2864(c)).''; and
(3) by inserting after subsection (d) the following new
subsections:
``(e) Requirement for Hiring of New Employees.--
``(1) Thirty percent requirement.--It shall be a condition
of any contract awarded by a public or Indian housing agency
for work to be performed in connection with development
assistance provided from the Capital Fund under section 9(d) of
the United States Housing Act of 1937, or from the Operating
Fund under section 9(e) of such Act, that, except as provided
in paragraph 2(B), a minimum of 30 percent of all new employees
hired by a contractor for work in connection with such contract
will be low- or very low-income persons.
``(2) Compliance.--As a condition of any contract awarded
for the work described in paragraph (1), any contractor awarded
such a contract shall--
``(A)(i) immediately before beginning work under
such contract, submit evidence to the satisfaction of
the public or Indian housing agency showing that a
minimum of 30 percent of all new employees hired for
work in connection with such contract are low- or very
low-income persons; and
``(ii) submit evidence to the satisfaction of the
public or Indian housing agency showing that a minimum
of 30 percent of all subsequently hired new employees
hired for work in connection with such contract are
low- or very low-income persons; or
``(B) if such contractor cannot meet the
requirement imposed by paragraph (1)--
``(i) submit evidence to the satisfaction
of the public or Indian housing agency showing
that such contractor has given notice of such
contract to the one-stop delivery system for
the area which the housing subject to the
contract is located, including the particular
skills and qualifications needed by potential
new employees for work under such contract; and
``(ii) provide to the public or Indian
housing agency evidence, as the Secretary shall
by regulation require, sufficient to show that
no newly hired employees who are not low- or
very low-income persons are performing work in
place of skilled low- or very low-income
persons who were provided by either the public
or Indian housing agency or by the one-stop
delivery system.
``(3) Training.--Any contractor awarded a contract for the
work described in paragraph (1) may not provide on-the-job
training to any new employee for work under such contract
unless such new employee is a low- or very low-income person.
``(f) Recruitment, Referral, and Training Requirements.--Public and
Indian housing agencies shall--
``(1) maintain a registry of eligible low- and very low-
income persons who reside in the public housing which is the
site of a contract referred to in this section;
``(2) provide to any contractor awarded such a contract
names and applications from appropriately skilled low- and very
low-income persons;
``(3) refer any low- or very low-income persons seeking
qualifying skills to the one-stop delivery system for the area
in which the housing subject to a contract is located;
``(4) consult with contractors to ensure that appropriately
skilled low- and very low-income persons are not passed over in
hiring; and
``(5) provide to the one-stop delivery system for the area
in which the housing subject to a contract is located a
detailed description of the work to be done on all projects for
which it is accepting, or will be accepting, bids so that
eligible low- and very low-income persons may be appropriately
trained.''. | Housing and Employment Opportunities Reform Act - Amends the Housing and Urban Development Act of 1968 to require that: (1) at least 30 percent of new employees hired by contractors performing services for assisted housing public or Indian housing agencies be low- or very low-income people; and (2) such agencies maintain a registry of eligible employees. | To amend section 3 of the Housing and Urban Development Act of 1968 to ensure improved access to employment opportunities for low-income people. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Heritage Firearms Act of
2002''.
SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS.
(a) Registration.--Subject to such regulations as the Secretary may
prescribe, the applicable veteran or a member of such a veteran's
family, who owns and possesses a qualifying firearm, may register such
firearm in the National Firearms Registration and Transfer Record
(described in section 5841 of the Internal Revenue Code of 1986) during
the amnesty period.
(b) Qualifying Firearm.--
(1) In general.--For purposes of this section, the term
``qualifying firearm'' means any firearm which was acquired--
(A) before October 31, 1968; and
(B) by a veteran, while such veteran was a member
of the Armed Forces and was stationed outside the
continental United States.
(2) Presumption of validity.--With respect to any firearm,
in the absence of clear and convincing evidence to the
contrary--
(A) the Secretary shall accept as true and accurate
any affidavit, document, or other evidence submitted by
an individual to establish that such firearm meets the
requirements of paragraph (1); and
(B) the requirement of paragraph (1)(C) shall be
treated as met.
(c) Hearings.--If the Secretary determines that any individual may
not register a firearm under subsection (a) during the amnesty period,
the Secretary, upon the request of such individual, shall--
(1) provide such individual any evidence on which the
Secretary's decision is based; and
(2) promptly hold a hearing to review such determination.
(d) Limited Immunity.--
(1) Criminal liability under title 18.--Any individual who
registers a firearm under subsection (a)--
(A) shall be treated, for purposes of subsections
(a)(3), (o), (v), and (w) of section 922 of title 18,
United States Code, as having lawfully acquired and
possessed the firearm before the date of the enactment
of chapter 44 of such title and each of such chapter's
provisions; and
(B) shall not be liable under chapter 44 of title
18, United States Code, for any violation of such
chapter which--
(i) is based solely on such individual's
ownership, possession, transportation,
importation, or alteration of such firearm; and
(ii) occurred before or concurrent with
such registration.
(2) Criminal liability under internal revenue code.--Except
as provided in paragraph (3), any individual who registers a
firearm under subsection (a) shall not be liable under chapter
53 or 75 of the Internal Revenue Code of 1986 for any violation
of such chapters which relates to such firearm and which
occurred before or concurrent with such registration.
(3) Transfer tax liability.--Paragraph (2) shall not affect
the liability of any individual for any transfer tax imposed
under section 5811 of the Internal Revenue Code of 1986.
(e) Forfeiture.--Any firearm registered under subsection (a) shall
not be subject to seizure or forfeiture under chapter 53 or 75 of the
Internal Revenue Code or chapter 44 of title 18, United States Code,
for any violation of such chapters which relates to such firearm and
which occurred before or concurrent with such registration.
(f) Definitions.--For purposes of this section:
(1) Amnesty period.--The term ``amnesty period'' means the
90-day period beginning on the date that is 90 days after the
date of the enactment of this Act.
(2) Firearm.--The term ``firearm'' has the meaning given
such term in section 5845 of the Internal Revenue Code of 1986,
except that such term does not include--
(A) any device described in subsection (f)(1) of
such section; or
(B) any combination of parts--
(i) designed or intended for use in
converting any device into a device described
in subparagraph (A); or
(ii) from which a device described in
subparagraph (A) may be readily assembled.
(3) Applicable veteran.--With respect to any firearm, the
term ``applicable veteran'' means the veteran described in
subsection (b)(1)(B).
(4) Veteran.--The term ``veteran'' has the meaning given
such term in section 101(2) of title 38, United States Code.
(5) Family.--The term ``family'' means, with respect to a
veteran, the grandparents of such veteran, the grandparents of
such veteran's spouse, the lineal descendants of such
grandparents, and any spouse of such a lineal descendant. A
spouse of an individual who is legally separated from such
individual under a decree of divorce or separate maintenance
shall be treated as such individual's spouse for purposes of
this paragraph. Individuals related by the half blood or by
legal adoption shall be treated as if they were related by the
whole blood for purposes of this paragraph.
(6) Continental united states.--The term ``continental
United States'' means the several States and the District of
Columbia, but does not include Alaska or Hawaii.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 3. TRANSFER OF MACHINEGUNS TO MUSEUMS.
Section 922(o)(2) of title 18, United States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) a transfer to or by, or possession by, a museum which
is open to the public and incorporated as a not-for-profit
corporation under applicable State law; or''. | Veterans' Heritage Firearms Act of 2002 - Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the armed forces stationed outside the continental United States. Grants such an individual limited immunity under the Federal criminal code the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration.Makes a prohibition against transfer or possession of a machine-gun inapplicable to a transfer to or by, or possession by, a museum which is open to the public and incorporated as a not-for-profit corporation under applicable State law. | To provide an amnesty period during which veterans and their family members can register certain firearms in the National Firearms Registration and Transfer Record, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reciprocal Market Access Act of
2011''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) One of the fundamental tenets of the World Trade
Organization (WTO) is reciprocal market access. This principle
is underscored in the Marrakesh Agreement Establishing the
World Trade Organization which called for ``entering into
reciprocal and mutually advantageous arrangements directed to
the substantial reduction of tariffs and other barriers to
trade and to the elimination of discriminatory treatment in
international trade relations''.
(2) The American people have a right to expect that the
promises that trade negotiators and policy makers offer in
terms of the market access opportunities that will be available
to United States businesses and their employees if trade
agreements are reached, will, in fact, be realized. A results-
oriented approach must form the basis of future trade
negotiations that includes verification procedures to ensure
that the promised market access is achieved and that reciprocal
trade benefits result.
(3) With each subsequent round of bilateral, regional, and
multilateral trade negotiations, tariffs have been
significantly reduced or eliminated for many manufactured
goods, leaving nontariff barriers as the most pervasive,
significant, and challenging barriers to United States exports
and market opportunities.
(4) The United States market is widely recognized as one of
the most open markets in the world. Average United States
tariff rates are very low and the United States has limited, if
any, nontariff barriers.
(5) Often the only leverage the United States has to obtain
the reduction or elimination of nontariff barriers imposed by
foreign countries is to negotiate the amount of tariffs the
United States imposes on imports from those foreign countries.
(6) Under the current negotiating process, negotiations to
reduce or eliminate tariff barriers and nontariff barriers are
separate and self-contained, meaning that tradeoffs are tariff-
for-tariff and nontariff-for-nontariff. As a result, a tariff
can be reduced or eliminated without securing elimination of
the real barrier or barriers that deny United States businesses
access to a foreign market.
(b) Purpose.--The purpose of this Act is to require that United
States trade negotiations achieve measurable results for United States
businesses by ensuring that trade agreements result in expanded market
access for United States exports and not solely the elimination of
tariffs on goods imported into the United States.
SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMINATE RATES OF DUTY
PURSUANT TO CERTAIN TRADE AGREEMENTS.
(a) Limitation.--Notwithstanding any other provision of law, on or
after the date of the enactment of this Act, the President may not
agree to a modification of an existing duty that would reduce or
eliminate the bound or applied rate of such duty on any product in
order to carry out a trade agreement entered into between the United
States and a foreign country until the President transmits to Congress
a certification described in subsection (b).
(b) Certification.--A certification referred to in subsection (a)
is a certification by the President that--
(1) the United States has obtained the reduction or
elimination of tariff and nontariff barriers and policies and
practices of the government of a foreign country described in
subsection (a) with respect to United States exports of any
product identified by United States domestic producers as
having the same physical characteristics and uses as the
product for which a modification of an existing duty is sought
by the President as described in subsection (a); and
(2) a violation of any provision of the trade agreement
described in subsection (a) relating to the matters described
in paragraph (1) is immediately enforceable in accordance with
the provisions of section 4.
SEC. 4. ENFORCEMENT PROVISIONS.
(a) Withdrawal of Tariff Concessions.--If the President does agree
to a modification described in section 3(a), and the United States
Trade Representative determines pursuant to subsection (c) that--
(1) a tariff or nontariff barrier or policy or practice of
the government of a foreign country described in section 3(a)
has not been reduced or eliminated, or
(2) a tariff or nontariff barrier or policy or practice of
such government has been imposed or discovered,
the modification shall be withdrawn until such time as the United
States Trade Representative submits to Congress a certification
described in section 3(b)(1).
(b) Investigation.--
(1) In general.--The United States Trade Representative
shall initiate an investigation if an interested party files a
petition with the United States Trade Representative which
alleges the elements necessary for the withdrawal of the
modification of an existing duty under subsection (a), and
which is accompanied by information reasonably available to the
petitioner supporting such allegations.
(2) Interested party defined.--For purposes of paragraph
(1), the term ``interested party'' means--
(A) a manufacturer, producer, or wholesaler in the
United States of a domestic product that has the same
physical characteristics and uses as the product for
which a modification of an existing duty is sought;
(B) a certified union or recognized union or group
of workers engaged in the manufacture, production, or
wholesale in the United States of a domestic product
that has the same physical characteristics and uses as
the product for which a modification of an existing
duty is sought;
(C) a trade or business association a majority of
whose members manufacture, produce, or wholesale in the
United States a domestic product that has the same
physical characteristics and uses as the product for
which a modification of an existing duty is sought; and
(D) a member of the Committee on Ways and Means of
the House of Representatives or a member of the
Committee on Finance of the Senate.
(c) Determination by USTR.--Not later than 45 days after the date
on which a petition is filed under subsection (b), the United States
Trade Representative shall--
(1) determine whether the petition alleges the elements
necessary for the withdrawal of the modification of an existing
duty under subsection (a); and
(2) notify the petitioner of the determination under
paragraph (1) and the reasons for the determination.
SEC. 5. MARKET ACCESS ASSESSMENT BY INTERNATIONAL TRADE COMMISSION.
(a) In General.--The International Trade Commission shall conduct
an assessment of the impact of each proposed trade agreement between
the United States and a foreign country on tariff and nontariff
barriers and policies and practices of the government of the foreign
country with respect to United States exports of any product identified
by United States domestic producers as having the same physical
characteristics and uses as the product for which a modification of an
existing duty is sought by the President as described in section 4(a).
(b) Identification.--In conducting the assessment under subsection
(a), the International Trade Commission shall identify the tariff and
nontariff barriers and policies and practices for such products that
exist in the foreign country and the expected opportunities for exports
from the United States to the foreign country if existing tariff and
nontariff barriers and policies and practices are eliminated.
(c) Consultation.--In conducting the assessment under subsection
(a), the International Trade Commission shall, as appropriate, consult
with and seek to obtain relevant documentation from United States
domestic producers of products having the same physical characteristics
and uses as the product for which a modification of an existing duty is
sought by the President as described in section 4(a).
(d) Report.--Not later than 45 days before the date on which
negotiations for a proposed trade agreement described in subsection (a)
are initiated, the International Trade Commission shall submit to the
United States Trade Representative, the Secretary of Commerce, and
Congress a report on the proposed trade agreement that contains the
assessment under subsection (a) conducted with respect to such proposed
trade agreement. The report shall be submitted in unclassified form,
but may contain a classified annex if necessary. | Reciprocal Market Access Act of 2011 - Prohibits the President from agreeing to the reduction or elimination of the existing rate of duty on any product in order to carry out a trade agreement entered into between the United States and a foreign country until the President certifies to Congress that: (1) the United States has obtained the reduction or elimination of tariff and nontariff barriers and policies and practices of such foreign country with respect to U.S. exports of any product that has the same physical characteristics and uses as the product for which the President seeks to modify its rate of duty; and (2) any violation of the trade agreement is immediately enforceable by withdrawal of the modification of the existing duty on such foreign product until the United States Trade Representative (USTR) certifies to Congress that the United States has obtained the reduction or elimination of the tariff or nontariff barrier or policy or practice of such foreign government.
Requires the withdrawal of such a modification in specified circumstances until the USTR makes such a certification to Congress.
Directs the U.S. International Trade Commission (USITC) to assess and identify the tariff and nontariff barriers and policies and practices for such products that exist in the foreign country as well as expected opportunities for U.S. exports to such country if such barriers and policies and practices are eliminated. | To enhance reciprocal market access for United States domestic producers in the negotiating process of bilateral, regional, and multilateral trade agreements. |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Osteoporosis Early
Detection and Prevention Act of 2007''.
(b) Findings.--Congress makes the following findings:
(1) Nature of osteoporosis.--
(A) Osteoporosis is a disease characterized by low
bone mass and structural deterioration of bone tissue
leading to bone fragility and increased susceptibility
to fractures of the hip, spine, and wrist.
(B) Osteoporosis has no symptoms and typically
remains undiagnosed until a fracture occurs.
(C) Once a fracture occurs, the condition has
usually advanced to the stage where the likelihood is
high that another fracture will occur.
(D) There is no cure for osteoporosis, but drug
therapy has been shown to reduce new hip and spine
fractures by 50 percent and other treatments, such as
nutrition therapy, have also proven effective.
(2) Incidence of osteoporosis.--Osteoporosis is a common
condition:
(A) Of the 44 million Americans who have (or are at
risk for) osteoporosis, 80 percent are women.
(B) Annually there are 1.5 million bone fractures
attributable to osteoporosis.
(C) Half of all women, and one-fourth of all men,
age 50 or older will have a bone fracture due to
osteoporosis.
(3) Impact of osteoporosis.--The cost of treating
osteoporosis is significant:
(A) The annual cost of osteoporosis in the United
States was $17 billion in 2001.
(B) The average cost in the United States of
repairing a hip fracture due to osteoporosis is
$37,000, while the average cost of an osteoporosis
screening test ranges from $59 to $300.
(C) Fractures due to osteoporosis frequently result
in disability and institutionalization of individuals.
(D) Because osteoporosis is a progressive condition
causing fractures primarily in aging individuals,
preventing fractures particularly in post menopausal
women before they become eligible for Medicare, has a
significant potential of reducing osteoporosis-related
costs under the Medicare program.
(4) Use of bone mass measurement.--
(A) Bone mass measurement is a non-invasive,
painless, and reliable way to diagnose osteoporosis
before costly fractures occur.
(B) Low bone mass is as predictive of future
fractures as is high cholesterol or high blood pressure
of heart disease or stroke.
(C) Bone mass measurement is the only reliable
method of detecting osteoporosis at an early stage.
(D) Under section 4106 of the Balanced Budget Act
of 1997, Medicare provides coverage, effective July 1,
1998, for bone mass measurement for qualified
individuals who are at risk of developing osteoporosis.
SEC. 2. REQUIRING COVERAGE OF BONE MASS MEASUREMENT UNDER HEALTH PLANS.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT.
``(a) Requirements for Coverage of Bone Mass Measurement.--A group
health plan, and a health insurance issuer offering group health
insurance coverage, shall include (consistent with this section)
coverage for bone mass measurement for beneficiaries and participants
who are qualified individuals.
``(b) Definitions Relating to Coverage.--In this section:
``(1) Bone mass measurement.--The term `bone mass
measurement' means a radiologic or radioisotopic procedure or
other procedure approved by the Food and Drug Administration
performed on an individual for the purpose of identifying bone
mass or detecting bone loss or determining bone quality, and
includes a physician's interpretation of the results of the
procedure. Nothing in this paragraph shall be construed as
requiring a bone mass measurement to be conducted in a
particular type of facility or to prevent such a measurement
from being conducted through the use of mobile facilities that
are otherwise qualified.
``(2) Qualified individual.--The term `qualified
individual' means an individual who--
``(A) is at clinical risk for osteoporosis,
including an estrogen-deficient woman;
``(B) has vertebral abnormalities;
``(C) is receiving chemotherapy or long-term
gluococorticoid (steroid) therapy;
``(D) has primary hyperparathyroidism,
hyperthyroidism, or excess thyroid replacement; or
``(E) is being monitored to assess the response to
or efficacy of approved osteoporosis drug therapy.
``(c) Limitation on Frequency Required.--Taking into account the
standards established under section 1861(rr)(3) of the Social Security
Act, the Secretary shall establish standards regarding the frequency
with which a qualified individual shall be eligible to be provided
benefits for bone mass measurement under this section. The Secretary
may vary such standards based on the clinical and risk-related
characteristics of qualified individuals.
``(d) Restrictions on Cost-Sharing.--
``(1) In general.--Subject to paragraph (2), nothing in
this section shall be construed as preventing a group health
plan or issuer from imposing deductibles, coinsurance, or other
cost-sharing in relation to bone mass measurement under the
plan (or health insurance coverage offered in connection with a
plan).
``(2) Limitation.--Deductibles, coinsurance, and other
cost-sharing or other limitations for bone mass measurement may
not be imposed under paragraph (1) to the extent they exceed
the deductibles, coinsurance, and limitations that are applied
to similar services under the group health plan or health
insurance coverage.
``(e) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) provide incentives (monetary or otherwise) to
individuals to encourage such individuals not to be provided
bone mass measurements to which they are entitled under this
section or to providers to induce such providers not to provide
such measurements to qualified individuals;
``(3) prohibit a provider from discussing with a patient
osteoporosis preventive techniques or medical treatment options
relating to this section; or
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided bone
mass measurements to a qualified individual in accordance with
this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to require an individual who is a participant or beneficiary
to undergo bone mass measurement.
``(g) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(g) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(h) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
``(i) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater benefits with respect to
osteoporosis detection or prevention.
``(2) Construction.--Section 2723(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(2) Erisa amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT.
``(a) Requirements for Coverage of Bone Mass Measurement.--A group
health plan, and a health insurance issuer offering group health
insurance coverage, shall include (consistent with this section)
coverage for bone mass measurement for beneficiaries and participants
who are qualified individuals.
``(b) Definitions Relating to Coverage.--In this section:
``(1) Bone mass measurement.--The term `bone mass
measurement' means a radiologic or radioisotopic procedure or
other procedure approved by the Food and Drug Administration
performed on an individual for the purpose of identifying bone
mass or detecting bone loss or determining bone quality, and
includes a physician's interpretation of the results of the
procedure. Nothing in this paragraph shall be construed as
requiring a bone mass measurement to be conducted in a
particular type of facility or to prevent such a measurement
from being conducted through the use of mobile facilities that
are otherwise qualified.
``(2) Qualified individual.--The term `qualified
individual' means an individual who--
``(A) is at clinical risk for osteoporosis,
including an estrogen-deficient woman;
``(B) has vertebral abnormalities;
``(C) is receiving chemotherapy or long-term
gluococorticoid (steroid) therapy;
``(D) has primary hyperparathyroidism,
hyperthyroidism, or excess thyroid replacement; or
``(E) is being monitored to assess the response to
or efficacy of approved osteoporosis drug therapy.
``(c) Limitation on Frequency Required.--The standards established
under section 2707(c) of the Public Health Service Act shall apply to
benefits provided under this section in the same manner as they apply
to benefits provided under section 2707 of such Act.
``(d) Restrictions on Cost-Sharing.--
``(1) In general.--Subject to paragraph (2), nothing in
this section shall be construed as preventing a group health
plan or issuer from imposing deductibles, coinsurance, or other
cost-sharing in relation to bone mass measurement under the
plan (or health insurance coverage offered in connection with a
plan).
``(2) Limitation.--Deductibles, coinsurance, and other
cost-sharing or other limitations for bone mass measurement may
not be imposed under paragraph (1) to the extent they exceed
the deductibles, coinsurance, and limitations that are applied
to similar services under the group health plan or health
insurance coverage.
``(e) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) provide incentives (monetary or otherwise) to
individuals to encourage such individuals not to be provided
bone mass measurements to which they are entitled under this
section or to providers to induce such providers not to provide
such measurements to qualified individuals;
``(3) prohibit a provider from discussing with a patient
osteoporosis preventive techniques or medical treatment options
relating to this section; or
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided bone
mass measurements to a qualified individual in accordance with
this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to require an individual who is a participant or beneficiary
to undergo bone mass measurement.
``(g) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a), for
purposes of assuring notice of such requirements under the plan; except
that the summary description required to be provided under the fourth
sentence of section 104(b)(1) with respect to such modification shall
be provided by not later than 60 days after the first day of the first
plan year in which such requirements apply.
``(h) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater benefits with respect to
osteoporosis detection or prevention.
``(2) Construction.--Section 731(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c))
is amended by striking ``section 711'' and inserting
``sections 711 and 714''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a))
is amended by striking ``section 711'' and inserting
``sections 711 and 714''.
(D) The table of contents in section 1 of such Act
is amended by inserting after the item relating to
section 713 the following new item:
``714. Standards relating to benefits for bone mass measurement.''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT.
``(a) In General.--The provisions of section 2707 (other than
subsection (g)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(g) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.
``(c) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater benefits with respect to
osteoporosis detection or prevention.
``(2) Construction.--Section 2762(a) shall not be construed
as superseding a State law described in paragraph (1).''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) Effective Dates.--(1) The amendments made by subsection (a)
shall apply with respect to group health plans for plan years beginning
on or after January 1, 2008.
(2) The amendments made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after such date. | Osteoporosis Early Detection and Prevention Act of 2007 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan to include coverage for bone mass measurement for individuals who: (1) are at a clinical risk for osteoporosis, including estrogen-deficient women; (2) have vertebral abnormalities; (3) are receiving chemotherapy or long-term gluococorticoid (steroid) therapy; (4) have primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or (5) are being monitored to assess the response to or efficacy of approved osteoporosis drug therapy.
Requires the Secretary of Health and Human Services to establish standards regulating the frequency with which individuals are eligible to be provided this benefit. Prohibits specified actions by health care plans to discourage the use of this benefit.
Applies these requirements to coverage offered in the individual market. | To amend the Public Health Service Act and Employee Retirement Income Security Act of 1974 to require that group and individual health insurance coverage and group health plans provide coverage for qualified individuals for bone mass measurement (bone density testing) to prevent fractures associated with osteoporosis. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rocky Flats Special Exposure Cohort
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384 et seq.) (referred to in
this section as the ``Act'') was enacted to ensure fairness and
equity for the civilian men and women who, during the past 50
years, performed duties uniquely related to the nuclear weapons
production and testing programs of the Department of Energy and
its predecessor agencies by establishing a program that would
provide efficient, uniform, and adequate compensation for
beryllium-related health conditions and radiation-related
health conditions.
(2) The Act provides a process for consideration of claims
for compensation by individuals who were employed at relevant
times at various locations, but also includes provisions
designating employees at certain other locations as members of
a special exposure cohort whose claims are subject to a less-
detailed administrative process.
(3) The Act also authorizes the President, upon
recommendation of the Advisory Board on Radiation and Worker
Health, to designate additional classes of employees at
Department of Energy facilities as members of the special
exposure cohort if the President determines that--
(A) it is not feasible to estimate with sufficient
accuracy the radiation dose that the class received;
and
(B) there is a reasonable likelihood that the
radiation dose may have endangered the health of
members of the class.
(4) It has become evident that it is not feasible to
estimate with sufficient accuracy the radiation dose received
by employees at the Department of Energy facility in Colorado
known as the Rocky Flats site for the following reasons:
(A) Many worker exposures were unmonitored or were
not monitored adequately over the lifetime of the plant
at the Rocky Flats site. Even in 2004, a former worker
from the 1950's agreed to be scanned under the former
radiation worker program of the Department of Energy
and was found to have a significant internal deposition
of radiation that had been undetected and unrecorded
for more than 50 years.
(B) No lung counter for detecting and measuring
plutonium and americium in the lungs existed at Rocky
Flats until the late 1960s. Without this equipment, the
very insoluble oxide forms of plutonium cannot be
detected, and a large number of workers had inhalation
exposures that went undetected and unmeasured.
(C) Exposure to neutron radiation was not monitored
at the Rocky Flats site until the late 1950's, and most
of those measurements through 1970 have been found to
be in error. In some areas of the plant at the site,
the neutron doses were as much as 2 to 10 times as
great as the gamma doses received by workers, but only
gamma doses were recorded.
(D) Radiation exposures of many workers at the
Rocky Flats site were not measured (and in some cases
estimated doses were assigned), while some records have
been destroyed or lost. As a result, the exposure
histories and other data available are not adequate to
properly determine whether Rocky Flats workers qualify
for compensation under the Act.
(E) The model that has been used for dose
reconstruction by the National Institute for
Occupational Safety and Health (referred to in this
section as the ``Institute'') in determining whether
Rocky Flats workers qualify for compensation under the
Act is in error. The default values used for particle
size and solubility of the internally deposited
plutonium in workers are in error. Use of these
erroneous values to calculate internal doses for
claimants can result in dose calculations of as much as
3 to 10 times below what the Rocky Flats records and
autopsy data indicate.
(5) The administrative costs related to Rocky Flats claims
have been disproportionately high relative to the number of
claims that have been processed.
(6) Some Rocky Flats workers, despite having worked with
tons of plutonium and having known exposures leading to serious
health effects, have been denied compensation under the Act as
a result of potentially flawed calculations based on records
that are incomplete or in error, as well as the use of
incorrect models.
(7) Achieving the purposes of the Act with respect to
workers at Rocky Flats is more likely to be achieved if claims
by those workers are subject to the administrative procedures
applicable to members of the special exposure cohort.
(b) Purpose.--The purpose of this Act is to revise the Energy
Employees Occupational Illness Compensation Program Act of 2000 to
include certain Rocky Flats workers as members of the special exposure
cohort.
SEC. 3. DEFINITION OF MEMBER OF SPECIAL EXPOSURE COHORT.
(a) In General.--Section 3621(14) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C.
7384l(14)) is amended by adding at the end the following new
subparagraph:
``(D) The employee was so employed for a number of
work days aggregating at least 250 work days before
January 1, 2006, by the Department of Energy or a
Department of Energy contractor or subcontractor at the
Rocky Flats site in Colorado.''.
(b) Reapplication.--A claim that an individual qualifies, by reason
of section 3621(14)(D) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (as added by subsection (a) of this
Act), for compensation or benefits under such Act shall be considered
for compensation or benefits notwithstanding any denial of any other
claim for compensation with respect to such individual. | Rocky Flats Special Exposure Cohort Act - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to amend the definition of a "member of the Special Exposure Cohort" for purposes of such Program to include persons who were employed by the Department of Energy (DOE) or a DOE contractor or subcontractor for an aggregate of at least 250 work days before January 1, 2006, at the Rocky Flats site in Colorado. | To better provide for compensation for certain persons injured in the course of employment at the Rocky Flats site in Colorado. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lechuguilla Cave Protection Act of
1993''.
SEC. 2. FINDINGS.
Congress finds that Lechuguilla Cave and other significant cave
resources of Carlsbad Caverns National Park and adjacent public lands
in the cave protection area have internationally significant
scientific, environmental, and other values, and should be retained in
public ownership and protected against adverse effects of mineral
exploration and development and other activities presenting threats to
the areas.
SEC. 3. DEFINITIONS
As used in this Act (except as otherwise specified in this Act):
(1) Cave protection area.--The term ``cave protection
area'' means the lands within the area depicted on the map
referred to in section 4(b).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Other terms.--All other terms, including the term
``public lands'', shall have the same meaning as the terms have
in the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
SEC. 4. LAND WITHDRAWAL.
(a) Withdrawal.--Subject to valid existing rights, the
approximately 6,280 acres of public lands within the boundaries of the
cave protection area that are subject to or may become subject to the
operation of the public land laws, are withdrawn from all forms of
appropriation or disposal under the public land laws (including the
mining and material disposal laws) and from the operation of the
mineral leasing and geothermal leasing laws.
(b) Land Description.--The lands referred to in subsection (a) are
the lands generally depicted on the map entitled ``Lechuguilla Cave
Protection Area'' dated April 1993 and filed in accordance with
subsection (c).
(c) Publication, Filing, Correction, and Inspection.--
(1) In general.--As soon as is practicable after the date
of enactment of this Act, the Secretary shall publish in the
Federal Register a notice containing the legal description of
the lands withdrawn under subsection (a) and shall file the
legal description and a detailed map of the lands referred to
in subsection (a) with the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
(2) Force and effect.--The map and legal description
referred to in paragraph (1) shall have the same force and
effect as if included in this Act except that the Secretary may
correct clerical and typographical errors in the map and legal
description.
(3) Inspection.--Copies of the map and legal description
referred to in subsection (b) shall be available for public
inspection in the offices of the Director and appropriate State
Director of the Bureau of Land Management.
(d) Management.--The public lands withdrawn under subsection (a)
shall be managed by the Secretary, acting through the Director of the
Bureau of Land Management, pursuant to the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable
laws, including this Act.
SEC. 5. MANAGEMENT OF EXISTING LEASES.
(a) Suspension of New Drilling.--
(1) In general.--
(A) Prohibition.--The Secretary shall not permit
any new drilling on or involving any valid mineral or
geothermal leases within the lands withdrawn under
section 4.
(B) Suspension.--The Secretary shall require the
suspension of any activities with respect to mineral or
geothermal leases if the Secretary determines that to
do so is necessary to prevent an adverse impact on
Lechuguilla Cave or other significant cave resources of
Carlsbad Caverns National Park and the lands within the
cave protection area.
(2) Duration.--
(A) In general.--The prohibition on new drilling
imposed by the Secretary under paragraph (1) shall
remain in effect until the effective date of a record
of decision regarding the proposal to drill is analyzed
in the Dark Canyon Environmental Impact Statement, or
for 12 months after the date of enactment of this Act,
whichever occurs first.
(B) After prohibition period.--Nothing in this
subsection shall be construed to require the Secretary
to permit or prohibit new drilling after the period
specified in subparagraph (A).
(b) Negotiations.--
(1) Agreements for termination of leases.--During the
period specified in subsection (a)(2), the Secretary shall seek
the agreement of the holder of a valid existing mineral or
geothermal lease on the public lands withdrawn under section
4(a) for the termination of the lease or to such restrictions
on activities on lands covered by the lease as the Secretary
determines to be appropriate to protect Lechuguilla Cave and
the other significant cave resources of Carlsbad Caverns
National Park and the lands within the cave protection area.
The Secretary shall seek such agreement with due regard to the
value of the oil and gas resources which the owners thereof
will not be allowed to recover or produce.
(2) No agreement.--
(A) In general.--With respect to any lease for
which no agreement of the type described in paragraph
(1) has been reached at the end of the period specified
in subsection (a)(2), the Secretary shall take such
steps as the Secretary determines to be appropriate to
protect Lechuguilla Cave and the other significant cave
resources of Carlsbad Caverns National Park and the
lands within the cave protection area.
(B) Options.--The steps referred to in subparagraph
(A) may include acquisition of the lands covered by the
lease or other interests. In the event of an
acquisition, any lands or interests therein acquired by
the Secretary shall be managed pursuant to the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.) and other applicable laws, including this Act.
(3) Cooperation of other parties.--To the extent the
Secretary determines is desirable, the Secretary shall seek the
cooperation of the State of New Mexico and any other parties
owning lands within the cave protection area with respect to
such restrictions on the use of relevant lands owned by the
parties as the Secretary may suggest to further the protection
of Lechuguilla Cave and the other significant care resources of
Carlsbad Caverns National Park and the lands within the cave
protection area.
SEC. 6. ADDITIONAL PROTECTION AND RELATION TO OTHER LAWS.
(a) Additional Protection.--
(1) In general.--The Secretary shall take additional steps
to protect Lechuguilla Cave or the other significant cave
resources of Carlsbad Caverns National Park and the lands
within the cave protection area, if on the basis of scientific
analysis found by the Secretary to be relevant and credible,
the Secretary determines it is appropriate to do so.
(2) Limitations on access.--To the extent the Secretary
finds appropriate to protect Lechuguilla Cave and the other
significant cave resources of Carlsbad Caverns National Park or
the lands within the cave protection area, the Secretary may
limit or prohibit access to or across lands owned by the United
States or prohibit the removal from the lands any mineral,
geological, or cave resources except as the Secretary may
permit for scientific purposes.
(3) Insufficient authority.--If the Secretary determines
that existing law, including this Act, provides the Secretary
insufficient authority to take any step the Secretary
determines to be desirable to protect Lechuguilla Cave or other
significant cave resources of Carlsbad Caverns National Park or
the lands within the cave protection area, the Secretary shall
inform the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate concerning the additional authority the
Secretary believes to be necessary.
(b) Relation to Other Laws.--Nothing in this Act shall be construed
as increasing or diminishing the ability of any party to seek
compensation pursuant to any applicable law, including section 1491 of
title 28, United States Code (commonly referred to as the ``Tucker
Act''), or as precluding any defense or claim otherwise available to
the United States in connection with any action seeking compensation
from the United States. | Lechuguilla Cave Protection Act of 1993 - Withdraws the Lechuguilla Cave Protection Area, New Mexico, from all forms of appropriation or disposal under the public land, mining, and material disposal laws and from operation of mineral and geothermal leasing laws.
Prohibits the Secretary of the Interior from permitting any new drilling within the Protection Area until the earlier of the effective date of a record of decision regarding the proposal to drill analyzed in the Dark Canyon Environmental Impact Statement or 12 months after enactment of this Act. Directs the Secretary to suspend other activities under mineral or geothermal leases to prevent an adverse impact on significant cave resources of Carlsbad Caverns National Park and the Protection Area. Requires the Secretary to seek the agreement of the holder of a mineral or geothermal lease for termination of such lease or for restrictions on activities on covered lands to protect significant cave resources and, if an agreement is not reached, to take appropriate protective steps.
Directs the Secretary to take additional steps to protect significant cave resources of Carlsbad Caverns National Park and the Protection Area, such as limiting or prohibiting access to or across Federal lands or prohibiting removal of any mineral, geological, or cave resources except for scientific purposes. Requires the Secretary to inform specified congressional committees of the need of additional protection authority. | Lechuguilla Cave Protection Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Ocean Protection Act of
1995''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the coast of California possesses unique historical,
ecological, educational, recreational, economic, and research
values that are appropriate for protection under Federal law;
(2) the threat to the coast of California, a national
treasure, continues to intensify as a result of fossil fuel
exploration and development, mineral extraction, and the
burning and dumping of toxic and hazardous wastes;
(3) the activities referred to in paragraph (2) could
result in irreparable damage to the coast of California; and
(4) the establishment of an ocean protection zone off the
coast of California would enhance recreational and commercial
fisheries, and the use of renewable resources within the zone.
SEC. 3. DESIGNATION OF CALIFORNIA OCEAN PROTECTION ZONE.
There is hereby established a California Ocean Protection Zone. The
Zone consists of--
(1) waters of the Exclusive Economic Zone off the coast of
California that are outside the waters of the State of
California; and
(2) that portion of the outer Continental Shelf underlying
the waters.
SEC. 4. RESTRICTIONS.
(a) Mineral Exploration, Development, and Production.--
(1) Issuance of leases, permits, and licenses.--
Notwithstanding any other provision of law, the head of a
Federal agency may not issue a lease, permit, or license for
exploration for or development or production of minerals in or
from the Zone.
(2) Exploration, development, and production.--
(A) In general.--Notwithstanding any other
provision of law, a person may not engage in
exploration for or development or production of
minerals in or from the Zone after the date--
(i) of the cancellation, expiration,
transfer, relinquishment, or termination of a
lease, permit, or license in effect on the date
of enactment of this Act pursuant to which the
exploration, development, or production is
carried out;
(ii) of the suspension of operations
associated with the exploration, development,
or production under regulations described in
subparagraph (B); or
(iii) on which a lease, permit, or license
for the exploration, development, or production
in any way becomes inactive, as determined by
the Secretary of the Interior under regulations
described in subparagraph (B).
(B) Regulations.--The regulations referred to in
subparagraph (A) are those regulations implementing the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.), as in effect on January 1, 1986.
(b) Ocean Incineration and Dumping.--Notwithstanding any other
provision of law, the head of a Federal agency may not issue a lease,
permit, or license for--
(1) ocean incineration or harmful ocean dumping within the
Zone; or
(2) any onshore facility that facilitates ocean
incineration or harmful ocean dumping within the Zone.
SEC. 5. FISHING.
This Act is not intended to regulate, restrict, or prohibit
commercial or recreational fishing, or other harvesting of ocean life
in the Zone.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Development.--The term ``development'' has the meaning
provided in section 2(l) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(l)).
(3) Exclusive economic zone.--The term ``Exclusive Economic
Zone'' means the Exclusive Economic Zone of the United States,
as defined by Presidential Proclamation 5030 of March 10, 1983.
(4) Exploration.--The term ``exploration'' has the meaning
provided in section 2(k) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(k)).
(5) Harmful ocean dumping.--The term ``harmful ocean
dumping'' has such meaning as is provided by the Administrator,
in consultation with the heads of other Federal agencies whom
the Administrator determines to be appropriate. The term does
not include--
(A) a de minimis disposal of vessel waste;
(B) the disposal of dredged material that--
(i) would meet the requirements for
disposal under the criteria that apply under
section 103 of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1413),
including regulations promulgated under such
section; or
(ii) is disposed of pursuant to a permit
issued pursuant to such section;
(C) a discharge that is authorized under a National
Pollutant Discharge Elimination System permit issued
pursuant to section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342); and
(D) a disposal that is carried out by an
appropriate Federal agency under title I of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33
U.S.C. 1411 et seq.).
(6) Lease.--The term ``lease'' has the meaning provided in
section 2(c) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(c)).
(7) Minerals.--The term ``minerals'' has the meaning
provided in section 2(q) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(q)).
(8) Outer continental shelf.--The term ``Outer Continental
Shelf'' has the meaning provided in section 2(a) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331(a)).
(9) Person.--The term ``person'' has the meaning provided
in section 2(d) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(d)).
(10) Production.--The term ``production'' has the meaning
provided in section 2(m) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(m)).
(11) Territorial sea.--The term ``territorial sea'' means
the territorial sea proclaimed in Presidential Proclamation
5928, dated December 27, 1988.
(12) Zone.--The term ``Zone'' means the California Ocean
Protection Zone established under section 3 of this Act. | California Ocean Protection Act of 1995 - Establishes a California Ocean Protection Zone consisting of waters of the Exclusive Economic Zone off the coast of California that are outside the waters of the State of California and that portion of the outer Continental Shelf underlying the waters.
Prohibits: (1) the head of a Federal agency from issuing a lease, permit, or license for exploration for, or development or production of, minerals in or from the Zone; (2) a person from engaging in such activities after the date of the cancellation, expiration, transfer, relinquishment, or termination of a lease, permit, or license for such activities, the date of the suspension of operations associated with such activities under regulations implementing the Outer Continental Shelf Lands Act as in effect on January 1, 1986, or the date on which a lease, permit, or license for such activities in any way becomes inactive; or (3) an agency head from issuing a lease, permit, or license for ocean incineration or harmful ocean dumping within the Zone or for any onshore facility that facilitates ocean incineration or harmful ocean dumping within the Zone.
Declares that this Act is not intended to regulate, restrict, or prohibit commercial or recreational fishing, or other harvesting of ocean life in the Zone. | California Ocean Protection Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paperwork and Regulatory
Improvements Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1980, in the Paperwork Reduction Act, Congress
established the Office of Information and Regulatory Affairs
(OIRA) in the Office of Management and Budget. OIRA's principal
responsibility is to reduce the paperwork burden on the public
that results from the collection of information by or for the
Federal Government. In 2002, OIRA estimated that the paperwork
burden imposed on the public was 7.7 billion hours, at a cost
of $230 billion. The Internal Revenue Service accounted for 83
percent of the paperwork burden.
(2) In 1995, Congress amended the Paperwork Reduction Act
and established annual governmentwide paperwork reduction goals
of 10 percent for each of fiscal years 1996 and 1997, and 5
percent for each of fiscal years 1998 through 2001, but the
paperwork burden increased, rather than decreased, in each of
those fiscal years and fiscal year 2002. Both the Office of
Management and Budget and the Internal Revenue Service need to
devote additional attention to paperwork reduction.
(3) In 2002, the House Report accompanying the Treasury and
General Government Appropriations Act, 2003 (House Report 107-
575) stated, ``The Office of Management and Budget has reported
that paperwork burdens on Americans have increased in each of
the last six years. Since the Internal Revenue Service imposes
over 80 percent of these paperwork burdens, the Committee
believes that OMB should work to identify and review proposed
and existing IRS paperwork.''.
(4) One key to success in paperwork reduction is the Office
of Management and Budget's systematic review of every new and
revised agency paperwork proposal. Recent statutory exemptions
from that office's review responsibility, especially those
without any stated justification, should be removed.
(5) In 2000, researchers Mark Crain of George Mason
University and Thomas Hopkins of the Rochester Institute of
Technology, in their October 2001 publication titled ``The
Impact of Regulatory Costs on Small Firms'', estimated that
Americans spend $843 billion annually to comply with Federal
regulations. Congress has a responsibility to review major
rules (as defined by section 804 of title 5, United States
Code) proposed by agencies, especially regulatory alternatives
and the costs and benefits associated with each of them. In
2000, in the Truth in Regulating Act, Congress established new
responsibility within the General Accounting Office to assist
Congress with this responsibility.
(6) In 1996, because of the increasing costs and
incompletely estimated benefits of Federal rules and paperwork,
Congress required the Office of Management and Budget for the
first time to submit an annual report to Congress on the total
costs and benefits to the public of Federal rules and paperwork
requirements, including an assessment of the effects of Federal
rules on the private sector and State and local governments. In
1998, Congress changed the annual report's due date to coincide
with the due date of the President's budget, so that Congress
and the public could be given an opportunity to simultaneously
review both the on-budget and off-budget costs associated with
the regulatory and paperwork requirements of each Federal
agency. In 2000, Congress made this a permanent annual
reporting requirement.
(7) The Office of Management and Budget requires agencies
to submit annual budget and paperwork burden estimates in order
to prepare certain required reports for Congress, but it does
not require agencies to submit estimates on costs and benefits
of agency rules and paperwork. The Office of Management and
Budget needs to require agencies to submit such estimates on
costs and benefits to help prepare the annual accounting
statement and associated report required under section 624 of
the Treasury and General Government Appropriations Act, 2001.
SEC. 3. REDUCTION OF TAX PAPERWORK.
Section 3504 of title 44, United States Code, is amended by adding
at the end the following new subsection:
``(i) In carrying out subsection (c)(3), the Director shall (in
consultation with the Internal Revenue Service and the Office of Tax
Policy of the Department of the Treasury and the Office of Advocacy of
the Small Business Administration) conduct a review of the collections
of information conducted by the Internal Revenue Service to identify
actions that the Internal Revenue Service can take to reduce the
information collection burden imposed on small business concerns,
consistent with section 3520(c)(1) of this chapter. The Director shall
include the results of the review in the annual report that the
Director submits under section 3514 of this chapter for fiscal year
2006.''.
SEC. 4. REPEAL OF EXEMPTIONS FROM PAPERWORK REDUCTION ACT, ETC.
(a) Repeals.--The following provisions of the Farm Security and
Rural Investment Act of 2002 (Public Law 107-171) are repealed:
(1) Subparagraphs (A) and (C) of section 1601(c)(2).
(2) Section 1601(c)(3).
(3) Section 2702(b)(1)(A).
(4) Section 2702(b)(2)(A).
(5) Section 2702(c).
(6) Subparagraphs (A) and (C) of section 6103(b)(2).
(7) Section 6103(b)(3).
(8) Subparagraphs (A) and (C) of section 10105(d)(2).
(9) Section 10105(d)(3).
(b) Effective Date.--The repeals of the provisions listed in
subsection (a) shall take effect 180 days after the date of the
enactment of this Act.
SEC. 5. AMENDMENT OF TRUTH IN REGULATING ACT TO MAKE PERMANENT PILOT
PROJECT FOR REPORT ON RULES.
The purpose of this section is to make permanent the authority to
request the performance of regulatory analysis to enhance Congressional
responsibility for regulatory decisions developed under the laws
enacted by Congress. The Truth in Regulating Act of 2000 (Public Law
106-312; 5 U.S.C. 801 note) is amended--
(1) in the heading for section 4, by striking ``PILOT
PROJECT FOR'',
(2) by striking section 5 and redesignating section 6 as
section 5; and
(3) in section 5 (as redesignated by paragraph (2))--
(A) in the heading, by striking ``and duration of
pilot project'';
(B) in subsection (a), by striking ``(a) Effective
Date.--''; and
(C) by striking subsections (b) and (c).
SEC. 6. IMPROVED REGULATORY ACCOUNTING.
(a) Requirement for Agencies To Submit Information on Regulations
and Paperwork to OMB.--Section 624 of the Treasury and General
Government Appropriations Act, 2001 (as enacted into law by Public Law
106-554; 114 Stat. 2763A-161), is amended
(1) by redesignating subsections (b), (c), and (d) as
subsection (c), (d), and (e), respectively, and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Agency Submissions to OMB.--To carry out subsection (a), the
Director of the Office of Management and Budget shall require each
agency annually to submit to the Office of Management and Budget an
estimate of the total annual costs and benefits of Federal rules and
paperwork, to the extent feasible--
``(1) for the agency in the aggregate; and
``(2) for each agency program.''.
(b) Integration of OMB Accounting Statement and Report Into
President's Budget.--Section 624 of the Treasury and General Government
Appropriations Act, 2001 (as enacted into law by Public Law 106-554;
114 Stat. 2763A-161) is further amended in subsection (a), by striking
``with the budget'' and inserting ``as part of the budget''.
(c) Regulatory Budgeting.--(1) Chapter 11 of title 31, United
States Code, is amended by adding at the end the following new section:
``Sec. 1120. Regulatory budgeting
``(a) The Director of the Office of Management and Budget, after
consultation with the head of each agency, shall designate not less
than three agencies (or offices within an agency) to participate in a
study on regulatory budgeting for fiscal years 2006 and 2007. The
designated agencies shall include three regulatory agencies or offices
from among the following: the Department of Labor, the Department of
Transportation, the Department of Health and Human Services, and the
Environmental Protection Agency.
``(b) The study shall address the preparation of regulatory
budgets. Such budgets shall include the presentation of the varying
estimated levels of benefits that would be associated with the
different estimated levels of costs with respect to the regulatory
alternatives under consideration by the agency (or office within the
agency).
``(c) The Director of the Office of Management and Budget shall
include, in the accounting statement and associated report submitted to
Congress for calendar year 2006 under section 624 of the Treasury and
General Government Appropriations Act, 2001 (as enacted into law by
Public Law 106-554; 114 Stat. 2763A-161), a presentation of the
different levels of estimated regulatory benefits and costs with
respect to the regulatory alternatives under consideration for one or
more of the major regulatory programs of each of the agencies
designated under subsection (a).
``(d) In the accounting statement and associated report submitted
to Congress for calendar year 2009 under section 624 of the Treasury
and General Government Appropriations Act, 2001 (as so enacted), the
Director of the Office of Management and Budget shall include a report
on the study on regulatory budgeting. The report shall--
``(1) assess the feasibility and advisability of including
a regulatory budget as part of the annual budget submitted
under section 1105;
``(2) describe any difficulties encountered by the Office
of Management and Budget and the participating agencies in
conducting the study; and
``(3) recommend, to the extent the President considers
necessary or expedient, proposed legislation regarding
regulatory budgets.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1120. Regulatory budgeting.''. | Paperwork and Regulatory Improvements Act of 2004 - (Sec. 3) Amends the Paperwork Reduction Act to: (1) require the Director of the Office of Management and Budget (OMB), in consultation with the Internal Revenue Service (IRS) and the Office of Tax Policy of the Department of the Treasury and the Office of Advocacy of the Small Business Administration, in minimizing the Federal information collection burden, to conduct a review of the collections of information by the IRS to identify actions that it can take to reduce the information collection burden imposed on small business concerns, consistent with current Federal law requiring the task force on information collection and dissemination to examine the feasibility of requiring Federal agencies to consolidate requirements regarding collections of information with respect to small business concerns within and across such agencies; and (2) include the results of such review in the annual report submitted to Congress for FY 2006 on the major activities respecting Federal information policy.
(Sec. 4) Amends the Farm Security and Rural Investment Act of 2002 to repeal specified exemptions from Paperwork Reduction Act requirements and certain other rulemaking requirements. Makes the repeal of such exemptions effective 180 days after the enactment of this Act.
(Sec. 5) Amends the Truth in Regulating Act of 2000 to make permanent the authority of a chairman or ranking member of a congressional committee to request the Comptroller General to perform a regulatory analysis of an economically significant rule upon agency publication.
(Sec. 6) Amends the Treasury and General Government Appropriations Act, 2001 to instruct the Director of OMB, in carrying out requirements for the accounting statement and associated report submitted to Congress with the Federal budget submitted to the President, to require each agency annually to submit to OMB an estimate of the total annual costs and benefits of Federal rules and paperwork to the extent feasible for the agency and each agency program.
Requires the Director, after consultation with the head of each agency, to designate at least three agencies (or offices within an agency) to participate in a study on regulatory budgeting for FY 2006 and 2007, including three regulatory agencies or offices from among the Department of Labor, the Department of Transportation, the Department of Health and Human Services, and the Environmental Protection Agency. Requires such study to address the preparation of regulatory budgets and such budgets to include the presentation of the varying estimated levels of benefits that would be associated with the different estimated levels of costs with respect to the regulatory alternatives under consideration by the agency (or office within the agency).
Includes in the accounting statement and associated report submitted to Congress for calendar year 2006 a presentation of the different levels of estimated regulatory benefits and costs with respect to the regulatory alternatives under consideration for at least one of the major regulatory programs of each of the designated agencies.
Requires the Director, after consultation with the Committees on the Budget and on Government Reform of the House of Representatives and the Committees on the Budget and on Governmental Affairs of the Senate, to include in such statement and report submitted to Congress for calendar year 2009 a report on the study which: (1) assesses the feasibility and advisability of including a regulatory budget as part of the Federal budget submitted to the President; (2) describes any difficulties encountered by OMB and the participating agencies in conducting such study; and (3) recommends, to the extent the President considers necessary or expedient, proposed legislation regarding regulatory budgets. Requires such report to also be submitted directly to such congressional committees. | To amend the Paperwork Reduction Act and titles 5 and 31, United States Code, to reform Federal paperwork and regulatory processes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Justice Improvement Act of
2013''.
SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED TO TRIAL BY
COURT-MARTIAL ON CHARGES ON CERTAIN OFFENSES WITH
AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF MORE THAN
ONE YEAR.
(a) Modification of Authority.--
(1) In general.--
(A) Military departments.--With respect to charges
under chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), that allege an
offense specified in paragraph (2) and not excluded
under paragraph (3), the Secretary of Defense shall
require the Secretaries of the military departments to
provide for the determination under section 830(b) of
such chapter (article 30(b) of the Uniform Code of
Military Justice) on whether to try such charges by
court-martial as provided in paragraph (4).
(B) Homeland security.--With respect to charges
under chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), that allege an
offense specified in paragraph (2) and not excluded
under paragraph (3) against a member of the Coast Guard
(when it is not operating as a service in the Navy),
the Secretary of Homeland Security shall provide for
the determination under section 830(b) of such chapter
(article 30(b) of the Uniform Code of Military Justice)
on whether to try such charges by court-martial as
provided in paragraph (4).
(2) Covered offenses.--An offense specified in this
paragraph is an offense as follows:
(A) An offense under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice),
that is triable by court-martial under that chapter for
which the maximum punishment authorized under that
chapter includes confinement for more than one year.
(B) A conspiracy to commit an offense specified in
subparagraph (A) as punishable under section 881 of
title 10, United States Code (article 81 of the Uniform
Code of Military Justice).
(C) A solicitation to commit an offense specified
in subparagraph (A) as punishable under section 882 of
title 10, United States Code (article 82 of the Uniform
Code of Military Justice).
(D) An attempt to commit an offense specified in
subparagraphs (A) through (C) as punishable under
section 880 of title 10, United States Code (article 80
of the Uniform Code of Military Justice).
(3) Excluded offenses.--Paragraph (1) does not apply to an
offense as follows:
(A) An offense under sections 883 through 917 of
title 10, United States Code (articles 83 through 117
of the Uniform Code of Military Justice).
(B) An offense under section 933 or 934 of title
10, United States Code (articles 133 and 134 of the
Uniform Code of Military Justice).
(C) A conspiracy to commit an offense specified in
subparagraph (A) or (B) as punishable under section 881
of title 10, United States Code (article 81 of the
Uniform Code of Military Justice).
(D) A solicitation to commit an offense specified
in subparagraph (A) or (B) as punishable under section
882 of title 10, United States Code (article 82 of the
Uniform Code of Military Justice).
(E) An attempt to commit an offense specified in
subparagraph (A) through (D) as punishable under
section 880 of title 10, United States Code (article 80
of the Uniform Code of Military Justice).
(4) Requirements and limitations.--The disposition of
charges pursuant to paragraph (1) shall be subject to the
following:
(A) The determination whether to try such charges
by court-martial shall be made by a commissioned
officer of the Armed Forces designated in accordance
with regulations prescribed for purposes of this
subsection from among commissioned officers of the
Armed Forces in grade O-6 or higher who--
(i) are available for detail as trial
counsel under section 827 of title 10, United
States Code (article 27 of the Uniform Code of
Military Justice);
(ii) have significant experience in trials
by general or special court-martial; and
(iii) are outside the chain of command of
the member subject to such charges.
(B) Upon a determination under subparagraph (A) to
try such charges by court-martial, the officer making
that determination shall determine whether to try such
charges by a general court-martial convened under
section 822 of title 10, United States Code (article 22
of the Uniform Code of Military Justice), or a special
court-martial convened under section 823 of title 10,
United States Code (article 23 of the Uniform Code of
Military Justice).
(C) A determination under subparagraph (A) to try
charges by court-martial shall include a determination
to try all known offenses, including lesser included
offenses.
(D) The determination to try such charges by court-
martial under subparagraph (A), and by type of court-
martial under subparagraph (B), shall be binding on any
applicable convening authority for a trial by court-
martial on such charges.
(E) The actions of an officer described in
subparagraph (A) in determining under that subparagraph
whether or not to try charges by court-martial shall be
free of unlawful or unauthorized influence or coercion.
(F) The determination under subparagraph (A) not to
proceed to trial of such charges by general or special
court-martial shall not operate to terminate or
otherwise alter the authority of commanding officers to
refer such charges for trial by summary court-martial
convened under section 824 of title 10, United States
Code (article 24 of the Uniform Code of Military
Justice), or to impose non-judicial punishment in
connection with the conduct covered by such charges as
authorized by section 815 of title 10, United States
Code (article 15 of the Uniform Code of Military
Justice).
(5) Construction with charges on other offenses.--Nothing
in this subsection shall be construed to alter or affect the
disposition of charges under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), that allege
an offense triable by court-martial under that chapter for
which the maximum punishment authorized under that chapter
includes confinement for one year or less.
(6) Policies and procedures.--
(A) In general.--The Secretaries of the military
departments and the Secretary of Homeland Security
(with respect to the Coast Guard when it is not
operating as a service in the Navy) shall revise
policies and procedures as necessary to comply with
this subsection.
(B) Uniformity.--The General Counsel of the
Department of Defense and the General Counsel of the
Department of Homeland Security shall jointly review
the policies and procedures revised under this
paragraph in order to ensure that any lack of
uniformity in policies and procedures, as so revised,
among the military departments and the Department of
Homeland Security does not render unconstitutional any
policy or procedure, as so revised.
(7) Manual for courts-martial.--The Secretary of Defense
shall recommend such changes to the Manual for Courts-Martial
as are necessary to ensure compliance with this subsection.
(b) Effective Date and Applicability.--Subsection (a), and the
revisions required by that subsection, shall take effect on the date
that is 180 days after the date of the enactment of this Act, and shall
apply with respect to charges preferred under section 830 of title 10,
United States Code (article 30 of the Uniform Code of Military
Justice), on or after such effective date.
SEC. 3. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE GENERAL AND
SPECIAL COURTS-MARTIAL.
(a) In General.--Subsection (a) of section 822 of title 10, United
States Code (article 22 of the Uniform Code of Military Justice), is
amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) the officers in the offices established pursuant to
section 3(c) of the Military Justice Improvement Act of 2013 or
officers in the grade of O-6 or higher who are assigned such
responsibility by the Chief of Staff of the Army, the Chief of
Naval Operations, the Chief of Staff of the Air Force, the
Commandant of the Marine Corps, or the Commandant of the Coast
Guard, but only with respect to offenses to which section
2(a)(1) of the Military Justice Improvement Act of 2013
applies;''.
(b) No Exercise by Officers in Chain of Command of Accused or
Victim.--Such section (article) is further amended by adding at the end
the following new subsection:
``(c) An officer specified in subsection (a)(8) may not convene a
court-martial under this section if the officer is in the chain of
command of the accused or the victim.''.
(c) Offices of Chiefs of Staff on Courts-Martial.--
(1) Offices required.--Each Chief of Staff of the Armed
Forces or Commandant specified in paragraph (8) of section
822(a) of title 10, United States Code (article 22(a) of the
Uniform Code of Military Justice), as amended by subsection
(a), shall establish an office to do the following:
(A) To convene general and special courts-martial
under sections 822 and 823 of title 10, United States
Code (articles 22 and 23 of the Uniform Code of
Military Justice), pursuant to paragraph (8) of section
822(a) of title 10, United States Code (article 22(a)
of the Uniform Code of Military Justice), as so
amended, with respect to offenses to which section
2(a)(1) applies.
(B) To detail under section 825 of title 10, United
States Code (article 25 of the Uniform Code of Military
Justice), members of courts-martial convened as
described in subparagraph (A).
(2) Personnel.--The personnel of each office established
under paragraph (1) shall consist of such members of the Armed
Forces and civilian personnel of the Department of Defense, or
such members of the Coast Guard or civilian personnel of the
Department of Homeland Security, as may be detailed or assigned
to the office by the Chief of Staff or Commandant concerned.
The members and personnel so detailed or assigned, as the case
may be, shall be detailed or assigned from personnel billets in
existence on the date of the enactment of this Act.
SEC. 4. DISCHARGE USING OTHERWISE AUTHORIZED PERSONNEL AND RESOURCES.
(a) In General.--The Secretaries of the military departments and
the Secretary of Homeland Security (with respect to the Coast Guard
when it is not operating as a service in the Navy) shall carry out
sections 2 and 3 (and the amendments made by section 3) using
personnel, funds, and resources otherwise authorized by law.
(b) No Authorization of Additional Personnel or Resources.--
Sections 2 and 3 (and the amendments made by section 3) shall not be
construed as authorizations for personnel, personnel billets, or funds
for the discharge of the requirements in such sections.
SEC. 5. MONITORING AND ASSESSMENT OF MODIFICATION OF AUTHORITIES ON
COURTS-MARTIAL BY INDEPENDENT PANEL ON REVIEW AND
ASSESSMENT OF PROCEEDINGS UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
Section 576(d)(2) of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1762) is amended--
(1) by redesignating subparagraph (J) as subparagraph (K);
and
(2) by inserting after subparagraph (I) the following new
subparagraph (J):
``(J) Monitor and assess the implementation and efficacy of
sections 2 through 4 of the Military Justice Improvement Act of
2013, and the amendments made by such sections.''. | Military Justice Improvement Act of 2013 - Amends the Uniform Code of Military Justice (UCMJ) to direct the Secretaries of Defense (DOD) and Homeland Security (DHS) to require the Secretaries of the military departments to modify the process for determining whether to try by court-martial a member accused of: (1) certain UCMJ offenses for which the maximum punishment includes confinement for more than one year; or (2) a conspiracy, solicitation, or attempt to commit such offenses. Requires courts-martial determinations for such offenses to be made by a commissioned officer available for detail as trial counsel who is outside the chain of command of the member subject to the charges. (Currently, courts-martial decisions are made by commanding officers of accused members.) Excludes from the revised procedures that require counsel outside the chain of command to make such courts-martial determinations certain UCMJ offenses relating specifically to military service, including absence without leave, insubordination, and aiding the enemy. Prohibits an outside counsel's determination not to proceed to trial by general or special court-martial from altering the authority of commanding officers to: (1) refer noncapital offenses to summary courts-martial with limits on the punishments that may be imposed; or (2) impose non-judicial admonitions, reprimands, or disciplinary punishment for minor offenses. Requires military chiefs of staff to establish offices to convene general and special courts-martial. Prohibits officers in the chain of command of an accused or a victim from detailing members to serve on a resulting trial by court-martial. | Military Justice Improvement Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Interoperability
Implementation Act''.
SEC. 2. PUBLIC SAFETY TRUST FUND.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by
adding at the end the following new section:
``SEC. 106. PUBLIC SAFETY TRUST FUND.
``(a) Establishment.--
``(1) Fund established.--There is hereby established, as a
separate Fund in the Digital Television Transition and Public
Safety Fund (established by section 309(j)(8)(E) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)), the Public
Safety Communications Trust Fund.
``(2) Deposits.--The Fund shall consist of--
``(A) any amounts deposited in the Digital
Television Transition and Public Safety Fund that
remain after--
``(i) the payments required to be made from
the Digital Television Transition and Public
Safety Fund pursuant to sections 3005 through
3012 of the Digital Television Transition and
Public Safety Act of 2005; and
``(ii) the transfer to the general fund of
the Treasury required by section
309(j)(8)(E)(iii) of the Communications Act of
1934 (47 U.S.C. 309(j)(8)(E)(iii));
``(B) the amounts appropriated pursuant to
subsection (f); and
``(C) 50 percent of the proceeds of any auction
conducted after the date of enactment of the Public
Safety Interoperability Implementation Act pursuant to
section 309(j) of the Communications Act of 1934 for
any bands of frequencies other than those described in
paragraph (3), except that such percentage may be
reduced in accordance with paragraph (4).
``(3) Excepted frequencies.--The bands of frequencies
described in this paragraph are the following:
``(A) the 216-220 megahertz band, the 1432-1435
megahertz band, the 1710-1755 megahertz band, and the
2385-2390 megahertz band of frequencies;
``(B) any other band of frequencies reallocated
from Federal use to non-Federal use after January 1,
2003, that is assigned by competitive bidding pursuant
to section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j)), except for bands of frequencies
previously identified by the National
Telecommunications and Information Administration in
the Spectrum Reallocation Final Report, NTIA Special
Publication 95-32 (1995); and
``(C) the recovered analog spectrum, as such term
is defined in section 309(j)(15)(C)(vi) of the
Communications Act of 1934.
``(4) Reduction of percentage.--If the board of directors
submits to the Congress a statement that--
``(A) projects that the future needs for grants
under subsection (c) has been reduced to the extent
that the percentage specified in paragraph (2) is
likely to yield a surplus in the Fund beyond the
amounts needed to meet such needs, and
``(B) specifies a lower percentage that the board
estimates to be sufficient to meet such needs (without
yielding a surplus),
paragraph (2) shall be applied to any auction subject to such
paragraph that is conducted after the date of submission of
such statement by substituting such lower percentage for 50
percent.
``(5) Fund availability.--
``(A) Appropriation.--There are hereby appropriated
from the Fund such sums as are authorized by the board
to be disbursed for grants under this section.
``(B) Reversion of unused funds.--Any grant
proceeds that remain unexpended at the end of the grant
period as determined under subsection (c)(3) shall
revert to and be deposited in the Fund.
``(b) Board of Directors.--
``(1) Establishment.--The Fund shall be administered by the
Administrator of the NTIA, in consultation with a board of
directors comprised of 5 members, appointed by the Secretary,
with experience in one or more of the following fields: grant
and investment management; communications equipment and
software applications; and public safety and emergency
response. The board shall consult with, or include a member or
members from, the Department of Homeland Security.
``(2) Functions.--The board shall--
``(A) establish the reasonable and prudent criteria
for the selection of the grant recipients under this
section;
``(B) determine the amount of the grants awarded;
and
``(C) review the use of funds made by such grant
recipients.
``(3) Compensation prohibited; expenses provided.--The
members of the board shall serve without compensation, but may,
from appropriated funds available for the administrative
expenses of the NTIA, receive travel 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.
``(c) Purpose and Activities of the Trust.--
``(1) Grant purposes.--In order to achieve the objectives
and carry out the purposes of this part, the Administrator is
authorized to make grants, from amounts deposited pursuant to
subsection (a)(2) and from the interest or other income on the
Fund, to implement interoperability and modernization
(including equipment upgrades) for the communications needs of
public safety, fire, emergency, law enforcement, and crisis
management by State and local government agencies and
instrumentalities and nonprofit organizations.
``(2) Grant preference for broader scope of
interoperability.--In making grants from the Fund, the
Administrator shall give preference to eligible entities that
are proposing inter-agency or regional and multi-jurisdictional
interoperability.
``(3) Grant availability.--Grants from the Fund shall be
made available on a single or multi-year basis to facilitate
long term planning and training.
``(d) Eligible Entities.--The following organizations and entities
are eligible to apply for funds under this section:
``(1) an agency or instrumentality of a State or local
government of the United States (including an agency or
instrumentality of a territory or possession of the United
States); and
``(2) a nonprofit agency or organization that is exempt
from taxes under section 501(c)(3) of the Internal Revenue Code
of 1986 and that performs a public safety function, as
determined by the Administrator.
``(e) Permissible Uses of Funds.--Amounts made available by grant
from the Fund may be used by eligible entities for equipment, training,
planning, and research for the purposes of upgrading communications and
the interoperability of communications used in public safety, fire,
emergency, law enforcement, and crisis management.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund $500,000,000 for fiscal year 2008 and each of
the 2 succeeding fiscal years.
``(g) Reports.--
``(1) By grant recipients.--Each grant recipient shall
submit to the Administrator and the board a report on the use
of the funds provided by the grant, and on the progress made
with respect to the improvement of the grant recipient's
communications capabilities.
``(2) By administrator.--The Administrator shall annually
submit to the Congress a report on the operations of the Fund
and the grants made by the Funds. Such report shall include--
``(A) an identification of the grants made, the
recipients thereof, and the planned uses of the amounts
made available;
``(B) a financial report on the operations and
condition of the Fund; and
``(C) a description of the results of the use of
funds provided by grants under this section, including
the status of interoperability implementation by the
grant recipients.
``(h) Regulations.--The Administrator may prescribe such
regulations as may be necessary and appropriate to carry out this
section.
``(i) Definitions.--As used in this section--
``(1) the term `the Fund' means the Public Safety
Communications Trust Fund established pursuant to subsection
(a); and
``(2) the term `the board' means the board of directors
established pursuant to subsection (b).''. | Public Safety Interoperability Implementation Act - Amends the National Telecommunications and Information Administration Organization Act to establish the Public Safety Communications Trust Fund to make grants to implement interoperability and modernization for the communications needs of public safety, fire, emergency, law enforcement, and crisis management by state and local government agencies and instrumentalities and nonprofit organizations.
Requires that the Fund be a separate Fund in the Digital Television Transition and Public Safety Fund and that it consist of certain amounts from the Digital Television Transition and Public Safety Fund, appropriations under this Act, and proceeds from the sale of certain bands of government-owned broadcast spectrum. | To establish a permanent grant program to improve public safety communications and the interoperability of emergency communications equipment. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Target Practice and Marksmanship
Training Support Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the use of firearms and archery equipment for target
practice and marksmanship training activities on Federal land
is allowed, except to the extent specific portions of that land
have been closed to those activities;
(2) in recent years preceding the date of enactment of this
Act, portions of Federal land have been closed to target
practice and marksmanship training for many reasons;
(3) the availability of public target ranges on non-Federal
land has been declining for a variety of reasons, including
continued population growth and development near former ranges;
(4) providing opportunities for target practice and
marksmanship training at public target ranges on Federal and
non-Federal land can help--
(A) to promote enjoyment of shooting, recreational,
and hunting activities; and
(B) to ensure safe and convenient locations for
those activities;
(5) Federal law in effect on the date of enactment of this
Act, including the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et seq.), provides Federal support for
construction and expansion of public target ranges by making
available to States amounts that may be used for construction,
operation, and maintenance of public target ranges; and
(6) it is in the public interest to provide increased
Federal support to facilitate the construction or expansion of
public target ranges.
(b) 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) of this subsection) 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. LIMITS ON LIABILITY.
(a) Discretionary Function.--For purposes of chapter 171 of title
28, United States Code (commonly referred to as the ``Federal Tort
Claims Act''), any action by an agent or employee of the United States
to manage or allow the use of Federal land for purposes of target
practice or marksmanship training by a member of the public shall be
considered to be the exercise or performance of a discretionary
function.
(b) Civil Action or Claims.--Except to the extent provided in
chapter 171 of title 28, United States Code, the United States shall
not be subject to any civil action or claim for money damages for any
injury to or loss of property, personal injury, or death caused by an
activity occurring at a public target range that is--
(1) funded in whole or in part by the Federal Government
pursuant to the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669 et seq.); or
(2) located on Federal land.
SEC. 6. SENSE OF CONGRESS REGARDING COOPERATION.
It is the sense of Congress that, consistent with applicable laws
and 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 United States shall be shielded from any civil action or claim for money damages for injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is funded by the federal government pursuant to such Act or located on federal land, except to the extent provided under the Federal Tort Claims Act with respect to the exercise or performance of a discretionary function. 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 ``Promoting Health Care Purchasing
Cooperatives Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Health care spending in the United States has reached
15 percent of the Gross Domestic Product of the United States,
yet 45,000,000 people, or 15.6 percent of the population,
remains uninsured.
(2) After nearly a decade of manageable increases in
commercial insurance premiums, many employers are now faced
with consecutive years of double digit premium increases.
(3) Purchasing cooperatives owned by participating
businesses are a proven method of achieving the bargaining
power necessary to manage the cost and quality of employer-
sponsored health plans and other employee benefits.
(4) The Employer Health Care Alliance Cooperative has
provided its members with health care purchasing power through
provider contracting, data collection, activities to enhance
quality improvements in the health care community, and
activities to promote employee health care consumerism.
(5) According to the National Business Coalition on Health,
there are nearly 80 employer-led coalitions across the United
States that collectively purchase health care, proactively
challenge high costs and the inefficient delivery of health
care, and share information on quality. These coalitions
represent more than 10,000 employers.
(b) Purpose.--It is the purpose of this Act to build off of
successful local employer-led health insurance initiatives by improving
the value of their employees' health care.
SEC. 3. GRANTS TO SELF INSURED BUSINESSES TO FORM HEALTH CARE
COOPERATIVES.
(a) Authorization.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary''), acting through the Director
of the Agency for Healthcare Research and Quality, is authorized to
award grants to eligible groups that meet the criteria described in
subsection (d), for the development of health care purchasing
cooperatives. Such grants may be used to provide support for the
professional staff of such cooperatives, and to obtain contracted
services for planning, development, and implementation activities for
establishing such health care purchasing cooperatives.
(b) Eligible Group Defined.--
(1) In general.--In this section, the term ``eligible
group'' means a consortium of 2 or more self-insured employers,
including agricultural producers, each of which are responsible
for their own health insurance risk pool with respect to their
employees.
(2) No transfer of risk.--Individual employers who are
members of an eligible group may not transfer insurance risk to
such group.
(c) Application.--An eligible group desiring a grant under this
section shall submit to the Secretary an application at such time, in
such manner, and accompanied by such information as the Secretary may
require.
(d) Criteria.--
(1) Feasibility study grants.--
(A) In general.--An eligible group may submit an
application under subsection (c) for a grant to conduct
a feasibility study concerning the establishment of a
health insurance purchasing cooperative. The Secretary
shall approve applications submitted under the
preceding sentence if the study will consider the
criteria described in paragraph (2).
(B) Report.--After completion of a feasibility
study under a grant under this section, an eligible
group shall submit to the Secretary a report describing
the results of such study.
(2) Grant criteria.--The criteria described in this
paragraph include the following with respect to the eligible
group:
(A) The ability of the group to effectively pool
the health care purchasing power of employers.
(B) The ability of the group to provide data to
employers to enable such employers to make data-based
decisions regarding their health plans.
(C) The ability of the group to drive quality
improvement in the health care community.
(D) The ability of the group to promote health care
consumerism through employee education, self-care, and
comparative provider performance information.
(E) The ability of the group to meet any other
criteria determined appropriate by the Secretary.
(e) Cooperative Grants.--After the submission of a report by an
eligible group under subsection (d)(1)(B), the Secretary shall
determine whether to award the group a grant for the establishment of a
cooperative under subsection (a). In making a determination under the
preceding sentence, the Secretary shall consider the criteria described
in subsection (d)(2) with respect to the group.
(f) Cooperatives.--
(1) In general.--An eligible group awarded a grant under
subsection (a) shall establish or expand a health insurance
purchasing cooperative that shall--
(A) be a nonprofit organization;
(B) be wholly owned, and democratically governed by
its member-employers;
(C) exist solely to serve the membership base;
(D) be governed by a board of directors that is
democratically elected by the cooperative membership
using a 1-member, 1-vote standard; and
(E) accept any new member in accordance with
specific criteria, including a limitation on the number
of members, determined by the Secretary.
(2) Authorized cooperative activities.--A cooperative
established under paragraph (1) shall--
(A) assist the members of the cooperative in
pooling their health care insurance purchasing power;
(B) provide data to improve the ability of the
members of the cooperative to make data-based decisions
regarding their health plans;
(C) conduct activities to enhance quality
improvement in the health care community;
(D) work to promote health care consumerism through
employee education, self-care, and comparative provider
performance information; and
(E) conduct any other activities determined
appropriate by the Secretary.
(g) Review.--
(1) In general.--Not later than 1 year after the date on
which grants are awarded under this section, and every 2 years
thereafter, the Secretary shall study programs funded by grants
under this section and provide to the appropriate committees of
Congress a report on the progress of such programs in improving
the access of employees to quality, affordable health
insurance.
(2) Sliding scale funding.--The Secretary shall use the
information included in the report under paragraph (1) to
establish a schedule for scaling back payments under this
section with the goal of ensuring that programs funded with
grants under this section are self sufficient within 10 years.
SEC. 4. GRANTS TO SMALL BUSINESSES TO FORM HEALTH CARE COOPERATIVES.
The Secretary shall carry out a grant program that is identical to
the grant program provided in section 3, except that an eligible group
for a grant under this section shall be a consortium of 2 or more
employers, including agricultural producers, each of which--
(1) have 99 employees or less; and
(2) are purchasers of health insurance (are not self-
insured) for their employees.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
From the administrative funds provided to the Secretary, the
Secretary may use not more than a total of $60,000,000 for fiscal years
2006 through 2015 to carry out this Act. | Promoting Health Care Purchasing Cooperatives Act - Authorizes the Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to award grants for the development of health care purchasing cooperatives by two or more self-insured employers.
Sets forth requirements for cooperatives, including that they: (1) are nonprofit, wholly owned, and democratically governed by its member-employers; (2) exist solely to serve the membership base; (3) assist members in pooling their health care insurance purchasing power; (4) provide data to improve the ability of the members to make data-based decisions regarding their health plans; and (5) conduct activities to enhance quality improvement in the health care community. Requires the Secretary to carry out an identical grant program for eligible groups of two or more employers that have 99 employees or less and purchase health insurance for their employees. | A bill to promote the development of health care cooperatives that will help businesses to pool the health care purchasing power of employers, and for other purposes. |
SECTION 1. DEFINITIONS.
For the purposes of this section, the following definitions apply:
(1) District.--The term ``District'' means the Fallbrook
Public Utility District, San Diego County, California.
(2) Project.--The term ``Project'' means the impoundment,
recharge, treatment, and other facilities the construction,
operation, and maintenance of which is authorized under
subsection (b).
SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF LOWER SANTA MARGARITA
CONJUNCTIVE USE PROJECT.
(a) Authorization.--The Secretary, acting pursuant to the Federal
reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts
amendatory thereof or supplementary thereto, as far as those laws are
not inconsistent with the provisions of this Act, is authorized to
construct, operate, and maintain to make the yield of the Lower Santa
Margarita Conjunctive Use Project to be located below the confluence of
De Luz Creek with the Santa Margarita River on Camp Joseph H.
Pendleton, the Fallbrook Annex of the Naval Weapons Station, and
surrounding lands within the service area of the District available for
irrigation, municipal, domestic, military, and other uses for the
District and such other users as herein provided.
(b) Conditions.--The Secretary of the Interior may construct the
Project only after the Secretary of the Interior determines that the
following conditions have occurred:
(1) The District has entered into a contract under section
9(d) of the Reclamation Project Act of 1939 to repay to the
United States appropriate portions, as determined by the
Secretary, of the actual costs of constructing, operating, and
maintaining the Project, together with interest as hereinafter
provided.
(2) The officer or agency of the State of California
authorized by law to grant permits for the appropriation of
water has granted such permits to the Bureau of Reclamation for
the benefit of the Department of the Navy and the District as
permitees for rights to the use of water for storage and
diversion as provided in this Act, including approval of all
requisite changes in points of diversion and storage, and
purposes and places of use.
(3) The District has agreed that it will not assert against
the United States any prior appropriative right the District
may have to water in excess of the quantity deliverable to it
under this Act, and will share in the use of the waters
impounded by the Project on the basis of equal priority and in
accordance with the ratio prescribed in section 4(b). This
agreement and waiver and the changes in points of diversion and
storage under paragraph (2), shall become effective and binding
only when the Project has been completed and put into
operation.
(4) The Secretary of the Interior has determined that the
Project has economic, environmental, and engineering
feasibility.
SEC. 3. COSTS.
The Department of the Navy shall not be responsible for any costs
in connection with the Project, except upon completion and then shall
be charged in reasonable proportion to its use of the Project under
regulations agreed upon by the Secretary of the Navy and Secretary of
the Interior.
SEC. 4. OPERATION; YIELD ALLOTMENT; DELIVERY.
(a) Operation.--The operation of the Project may be by the
Secretary of the Interior or otherwise as agreed upon by the
Secretaries of the Interior and the Navy and the District, under
regulations satisfactory to the Secretary of the Navy with respect to
the Navy's share of the impounded water and national security.
(b) Yield Allotment.--Except as otherwise agreed between the
parties, the Department of the Navy and the District shall participate
in the water impounded by the Project on the basis of equal priority
and in accordance with the following ratio:
(1) 60 percent of the Project's yield is allotted to the
Secretary of the Navy.
(2) 40 percent of the Project's yield is allotted to the
District.
(c) Contracts for Delivery of Water.--
(1) In general.--If the Secretary of the Navy certifies
that the Department of the Navy does not have immediate need
for any portion of the 60 percent yield allotted under
subsection (b), the official agreed upon to administer the
Project may enter into temporary contracts for the delivery of
the excess water.
(2) First right for excess water.--The first right of the
Secretary of the Navy to demand that water without charge and
without obligation on the part of the United States after 30
days notice shall be included as a condition of contracts
entered into under this subsection. The first right to water
available under paragraph (1) shall be given the District, if
otherwise consistent with the laws of the State of California.
(3) Disposition of funds.--Moneys paid to the United States
under a contract under this subsection shall be covered into
the general Treasury or to the Secretary of the Navy, as
services in lieu of payment for operation and maintenance of
the Project, and shall not be applied against the indebtedness
of the District to the United States.
(4) Modification of rights and obligations related to water
yield.--The rights and obligations of the United States and the
District regarding the ratio or amounts of Project yield
delivered may be modified by an agreement between the parties.
SEC. 5. REPAYMENT OBLIGATION OF THE DISTRICT.
(a) In General.--The general repayment obligation of the District
shall be determined by the Secretary of the Interior consistent with
the Water Supply Act of 1958; provided, however, that for the purposes
of calculating interest and determining the time when the District's
repayment obligation to the United States commences, the pumping and
treatment of groundwater from the Project shall be deemed equivalent to
the first use of water from a water storage project.
(b) Modification of Rights and Obligation by Agreement.--The rights
and obligations of the United States and the District regarding the
repayment obligation of the District may be modified by an agreement
between the parties.
SEC. 6. TRANSFER OF CARE, OPERATION, AND MAINTENANCE.
The Secretary may transfer to the District, or a mutually agreed
upon third party, the care, operation, and maintenance of the Project
under conditions satisfactory to that Secretary and the District, and
with respect to the portion of the Project that is located within the
boundaries of Camp Pendleton, satisfactory also to the Secretary of the
Navy. If such a transfer takes place, the District shall be entitled to
an equitable credit for the costs associated with the Secretary's
proportionate share of the operation and maintenance of the Project.
The amount of such costs shall be applied against the indebtedness of
the District to the United States.
SEC. 7. SCOPE OF ACT.
For the purpose of this Act, the basis, measure, and limit of all
rights of the United States pertaining to the use of water shall be the
laws of the State of California. That nothing in this Act shall be
construed--
(1) as a grant or a relinquishment by the United States of
any rights to the use of water that it acquired according to
the laws of the State of California, either as a result of its
acquisition of the lands comprising Camp Joseph H. Pendleton
and adjoining naval installations, and the rights to the use of
water as a part of that acquisition, or through actual use or
prescription or both since the date of that acquisition, if
any;
(2) to create any legal obligation to store any water in
the Project, to the use of which the United States has such
rights;
(3) to constitute a recognition of, or an admission that,
the District has any rights to the use of water in the Santa
Margarita River, which rights, if any, exist only by virtue of
the laws of the State of California; or
(4) to require the division under this Act of water to
which the United States has such rights.
SEC. 8. LIMITATIONS ON OPERATION AND ADMINISTRATION.
Unless otherwise agreed by the Secretary of the Navy, the Project--
(1) shall be operated in a manner which allows the free
passage of all of the water to the use of which the United
States is entitled according to the laws of the State of
California either as a result of its acquisition of the lands
comprising Camp Joseph H. Pendleton and adjoining naval
installations, and the rights to the use of water as a part of
those acquisitions, or through actual use or prescription, or
both, since the date of that acquisition, if any; and
(2) shall not be administered or operated in any way which
will impair or deplete the quantities of water the use of which
the United States would be entitled under the laws of the State
of California had the Project not been built.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated, out of any money in the
Treasury of the United States not otherwise appropriated, the
following:
(1) $60,000,000 (the current estimated construction cost of
the Project, plus or minus such amounts as may be indicated by
the engineering cost indices for this type of construction);
and
(2) such sums as may be required to operate and maintain
the said project.
SEC. 10. REPORTS TO CONGRESS.
Not later than 1 year after the date of the enactment of this Act
and periodically thereafter, the Secretary of the Interior and the
Secretary of the Navy shall each report to the Congress regarding if
the conditions specified in section 2(b) have been met and if so, the
details of how they were met.
Passed the House of Representatives October 4, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | (Sec. 2) Authorizes the Secretary of the Interior to construct, operate, and maintain facilities to provide water for irrigation, municipal, domestic, military, and other uses for the Fallbrook Public Utility District, San Diego County, from the Santa Margarita River, California.
Authorizes Project construction only after determining that: (1) the District has entered into a contract to repay to the United States specified costs, with interest; (2) the authorized California officer or agency has granted water use permits to the Bureau of Reclamation for the benefit of the Department of the Navy and the District; (3) the District has agreed that it will not assert against the United States any prior right it may have to water in excess of the quantity deliverable under this Act and will share water (as specified in section 4); and (4) the Secretary has determined that the Project has economic and engineering feasibility.
(Sec. 3) Limits Navy Department responsibility for Project costs.
(Sec. 4) Directs that, except as otherwise agreed between the parties, the Navy Department and the District participate in the water impounded by the Project on the basis of equal priority with 60 percent of the Project's yield allotted to the Secretary of the Navy and 40 percent allotted to the District. Authorizes: (1) temporary contracts for the delivery of excess water by the Navy Department; and (2) modification of rights and obligations by agreement between the parties.
(Sec. 5) Directs that the District's general repayment obligation be determined by the Secretary of the Interior consistent with the Water Supply Act of 1958, but, for purposes of calculating interest and determining the time when the District's repayment obligation to the United States commences, deems the pumping and treatment of Project groundwater to be equivalent to the first use of water from a water storage project.
(Sec. 6) Authorizes the Secretary to transfer the Project's care, operation, and maintenance to the District or a mutually agreed upon third party under specified conditions.
(Sec. 7) Makes the laws of California the basis of all Federal rights pertaining to the use of water under this Act.
(Sec. 8) Directs that, unless otherwise agreed by the Secretary of the Navy, the Project: (1) shall be operated in a manner which allows the free passage of all of the water to which the United States is entitled either as a result of its acquisition of the lands comprising Camp Joseph H. Pendleton and adjoining naval installations and the water rights as a part of those acquisitions, or through actual use or prescription, or both, since the date of any acquisition; and (2) shall not be administered in any way which will impair or deplete the quantities of water to which the United States would be entitled had the Project not been built.
(Sec. 9) Authorizes appropriations.
(Sec. 10) Sets forth reporting requirements by the Secretary of the Interior and the Secretary of the Navy. | To authorize the Secretary of the Interior to construct facilities to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Family Protection
Act''.
SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.
(a) Old-Age and Survivors Insurance Benefits.--Section 202 of the
Social Security Act (42 U.S.C. 402) is amended by adding at the end the
following:
``Last Payment of Monthly Insurance Benefit Terminated by Death
``(z)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
(b) Disability Insurance Benefits.--Section 223 of the Social
Security Act (42 U.S.C. 423) is amended by adding at the end the
following:
``Last Payment of Benefit Terminated by Death
``(j)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
(c) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228 of the Social Security Act (42 U.S.C. 428) is amended by adding at
the end the following:
``Last Payment of Benefit Terminated by Death
``(i)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
SEC. 3. CONFORMING AMENDMENTS REGARDING PAYMENT OF BENEFITS FOR MONTH
OF RECIPIENT'S DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a)(3) of the Social
Security Act (42 U.S.C. 402(a)(3)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1)(D) of such Act (42
U.S.C. 402(b)(1)(D)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(b)(5)(B) of the
Social Security Act (42 U.S.C. 402(b)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1)(D) of the Social
Security Act (42 U.S.C. 402(c)(1)(D)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii)(II) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(c)(5)(B) of the
Social Security Act (42 U.S.C. 402(c)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(d) Child's Insurance Benefits.--Section 202(d)(1) of the Social
Security Act (42 U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) by striking ``dies, or'' in subparagraph (D).
(e) Widow's Insurance Benefits.--Section 202(e)(1) of the Social
Security Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: she remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: she remarries, or''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of the Social
Security Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: he remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which he dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: he remarries,''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
the Social Security Act (42 U.S.C. 402(g)(1)) is amended--
(1) by inserting ``with the month in which he or she dies
or (if earlier)'' after ``and ending'' in the matter following
subparagraph (F); and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of the Social
Security Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: such parent dies, marries,'' in the matter following
subparagraph (E) and inserting ``ending with the month in which such
parent dies or (if earlier) with the month preceding the first month in
which any of the following occurs: such parent marries,''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of the Social
Security Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with
the month preceding whichever of the following months is the earliest:
the month in which he dies,'' in the matter following subparagraph (D)
and inserting the following: ``ending with the month in which he dies
or (if earlier) with whichever of the following months is the
earliest:''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of the Social Security Act (42 U.S.C. 428(a)) is amended by
striking ``the month preceding'' in the matter following paragraph (4).
(k) Exemption From Maximum Benefit Cap.--Section 203 of the Social
Security Act (42 U.S.C. 403) is amended by adding at the end the
following:
``Exemption From Maximum Benefit Cap
``(m) Notwithstanding any other provision of this section, the
application of this section shall be made without regard to any amount
received by reason of section 202(z), 223(j), or 228(i).''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after the date that is 180 days after the date of the
enactment of this Act. | Social Security Family Protection Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that, if an OASDI recipient dies during the first 15 days of a month, the OASDI benefit for that month shall be reduced by 50 percent. | Social Security Family Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Exploitation Through
Trafficking Act of 2014''.
SEC. 2. SAFE HARBOR INCENTIVES.
Part Q of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd et seq.) is amended--
(1) in section 1701(c), by striking ``where feasible'' and
all that follows, and inserting the following: ``where
feasible, to an application--
``(1) for hiring and rehiring additional career law
enforcement officers that involves a non-Federal contribution
exceeding the 25 percent minimum under subsection (g); or
``(2) from an applicant in a State that has in effect a law
that--
``(A) treats a minor who has engaged in, or has
attempted to engage in, a commercial sex act as a
victim of a severe form of trafficking in persons;
``(B) discourages or prohibits the charging or
prosecution of an individual described in subparagraph
(A) for a prostitution or sex trafficking offense,
based on the conduct described in subparagraph (A); and
``(C) encourages the diversion of an individual
described in subparagraph (A) to appropriate service
providers, including child welfare services, victim
treatment programs, child advocacy centers, rape crisis
centers, or other social services.''; and
(2) in section 1709, by inserting at the end the following:
``(5) `commercial sex act' has the meaning given the term
in section 103 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7102).
``(6) `minor' means an individual who has not attained the
age of 18 years.
``(7) `severe form of trafficking in persons' has the
meaning given the term in section 103 of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C.
7102).''.
SEC. 3. REPORT ON RESTITUTION PAID IN CONNECTION WITH CERTAIN
TRAFFICKING OFFENSES.
Section 105(d)(7)(Q) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is amended--
(1) by inserting after ``1590,'' the following: ``1591,'';
(2) by striking ``and 1594'' and inserting ``1594, 2251,
2251A, 2421, 2422, and 2423'';
(3) in clause (iv), by striking ``and'' at the end;
(4) in clause (v), by striking ``and'' at the end; and
(5) by inserting after clause (v) the following:
``(vi) the number of individuals required
by a court order to pay restitution in
connection with a violation of each offense
under title 18, United States Code, the amount
of restitution required to be paid under each
such order, and the amount of restitution
actually paid pursuant to each such order; and
``(vii) the age, gender, race, country of
origin, country of citizenship, and description
of the role in the offense of individuals
convicted under each offense; and''.
SEC. 4. NATIONAL HUMAN TRAFFICKING HOTLINE.
Section 107(b)(2) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) National human trafficking hotline.--
Beginning in fiscal year 2017 and each fiscal year
thereafter, of amounts made available for grants under
this paragraph, the Secretary of Health and Human
Services shall make grants for a national communication
system to assist victims of severe forms of trafficking
in persons in communicating with service providers. The
Secretary shall give priority to grant applicants that
have experience in providing telephone services to
victims of severe forms of trafficking in persons.''.
SEC. 5. JOB CORPS ELIGIBILITY.
Section 144(3) of the Workforce Investment Act of 1998 (29 U.S.C.
2884(3)) is amended by adding at the end the following:
``(F) A victim of a severe form of trafficking in
persons (as defined in section 103 of the Victims of
Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7102)). Notwithstanding paragraph (2), an
individual described in this subparagraph shall not be
required to demonstrate eligibility under such
paragraph.''.
SEC. 6. CLARIFICATION OF AUTHORITY OF THE UNITED STATES MARSHALS
SERVICE.
Section 566(e)(1) of title 28, United States Code, is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (C), the following:
``(D) assist State, local, and other Federal law
enforcement agencies, upon the request of such an
agency, in locating and recovering missing children.''.
SEC. 7. ESTABLISHING A NATIONAL STRATEGY TO COMBAT HUMAN TRAFFICKING.
(a) In General.--The Attorney General shall implement and maintain
a National Strategy for Combating Human Trafficking (referred to in
this section as the ``National Strategy'') in accordance with this
section.
(b) Required Contents of National Strategy.--The National Strategy
shall include the following:
(1) Integrated Federal, State, local, and tribal efforts to
investigate and prosecute human trafficking cases, including--
(A) the development by each United States attorney,
in consultation with State, local, and tribal
government agencies, of a district-specific strategic
plan to coordinate the identification of victims and
the investigation and prosecution of human trafficking
crimes;
(B) the appointment of not fewer than 1 assistant
United States attorney in each district dedicated to
the prosecution of human trafficking cases or
responsible for implementing the National Strategy;
(C) the participation in any Federal, State, local,
or tribal human trafficking task force operating in the
district of the United States attorney; and
(D) any other efforts intended to enhance the level
of coordination and cooperation, as determined by the
Attorney General.
(2) Case coordination within the Department of Justice,
including specific integration, coordination, and
collaboration, as appropriate, on human trafficking
investigations between and among the United States attorneys,
the Human Trafficking Prosecution Unit, the Child Exploitation
and Obscenity Section, and the Federal Bureau of Investigation.
(3) Annual budget priorities and Federal efforts dedicated
to preventing and combating human trafficking, including
resources dedicated to the Human Trafficking Prosecution Unit,
the Child Exploitation and Obscenity Section, the Federal
Bureau of Investigation, and all other entities that receive
Federal support that have a goal or mission to combat the
exploitation of adults and children.
(4) An ongoing assessment of the future trends, challenges,
and opportunities, including new investigative strategies,
techniques, and technologies, that will enhance Federal, State,
local, and tribal efforts to combat human trafficking.
(5) Encouragement of cooperation, coordination, and mutual
support between private sector and other entities and
organizations and Federal agencies to combat human trafficking,
including the involvement of State, local, and tribal
government agencies to the extent Federal programs are
involved. | Stop Exploitation Through Trafficking Act of 2014 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to give preferential consideration in awarding Community Oriented Police Services (COPS) grants to an application from an applicant in a state that has in effect a law that: (1) treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons; (2) discourages or prohibits the charging or prosecution of such individual for a prostitution or sex trafficking offense based on such conduct; or (3) encourages the diversion of such an individual to appropriate service providers, including child welfare services, victim treatment programs, child advocacy centers, rape crisis centers, or other social services. Amends the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) to require the Attorney General's annual report on federal agencies that are implementing provisions relating to the Interagency Task Force to Monitor and Combat Trafficking to include information on the activities of such agencies in cooperation with state, tribal, and local law enforcement officials to identify, investigate, and prosecute the following offenses: (1) sex trafficking by force, fraud, or coercion or with a minor; (2) sexual exploitation of children; (3) the selling and buying of children; (4) transportation with intent that the victim engage in illegal sexual activity; (5) coercion or enticement to travel for illegal sexual activity; and (6) transportation of minors for illegal sexual activity. Requires such information to include: (1) the number of individuals required by a court order to pay restitution in connection with a violation of each offense and the amount of such restitution; and (2) the age, gender, race, country of origin, country of citizenship, and description of the role of individuals convicted under each offense. Amends the VTVPA to require the Secretary of Health and Human Services (HHS), annually beginning in FY2017, to make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. Amends the Workforce Investment Act of 1998 to include victims of a severe form of trafficking in persons among those eligible for the Job Corps without being required to demonstrate low-income eligibility. Authorizes the United States Marshals Service to assist state, local, and other federal law enforcement agencies, upon request, in locating and recovering missing children. Directs the Attorney General to implement and maintain a National Strategy for Combating Human Trafficking that includes: (1) integrated federal, state, local, and tribal efforts to investigate and prosecute human trafficking cases; (2) case coordination within the Department of Justice (DOJ); (3) annual budget priorities and federal efforts dedicated to preventing and combating human trafficking; (4) an ongoing assessment of future trends, challenges, and opportunities; and (5) encouragement of cooperation, coordination, and mutual support between the private sector and federal agencies to combat human trafficking. | Stop Exploitation Through Trafficking Act of 2014 |
SECTION 1. CHESAPEAKE BAY OFFICE.
(a) Reauthorization of Office.--Section 307 of the National Oceanic
and Atmospheric Administration Authorization Act of 1992 (15 U.S.C.
1511d) is amended to read as follows:
``SEC. 307. CHESAPEAKE BAY OFFICE.
``(a) Establishment.--(1) The Secretary of Commerce shall
establish, within the National Oceanic and Atmospheric Administration,
an office to be known as the Chesapeake Bay Office (in this section
referred to as the `Office').
``(2) The Office shall be headed by a Director who shall be
appointed by the Secretary of Commerce, in consultation with the
Chesapeake Executive Council. Any individual appointed as Director
shall have knowledge and experience in research or resource management
efforts in the Chesapeake Bay.
``(3) The Director may appoint such additional personnel for the
Office as the Director determines necessary to carry out this section.
``(b) Functions.--The Office, in consultation with the Chesapeake
Executive Council, shall--
``(1) provide technical assistance to the Administrator, to
other Federal departments and agencies, and to State and local
government agencies in--
``(A) assessing the processes that shape the
Chesapeake Bay system and affect its living resources;
``(B) identifying technical and management
alternatives for the restoration and protection of
living resources and the habitats they depend upon; and
``(C) monitoring the implementation and
effectiveness of management plans;
``(2) develop and implement a strategy for the National
Oceanic and Atmospheric Administration that integrates the
science, research, monitoring, data collection, regulatory, and
management responsibilities of the Secretary of Commerce in
such a manner as to assist the cooperative, intergovernmental
Chesapeake Bay Program to meet the commitments of the
Chesapeake Bay Agreement;
``(3) coordinate the programs and activities of the various
organizations within the National Oceanic and Atmospheric
Administration, the Chesapeake Bay Regional Sea Grant Programs,
and the Chesapeake Bay units of the National Estuarine Research
Reserve System, including--
``(A) programs and activities in--
``(i) coastal and estuarine research,
monitoring, and assessment;
``(ii) fisheries research and stock
assessments;
``(iii) data management;
``(iv) remote sensing;
``(v) coastal management;
``(vi) habitat conservation and
restoration; and
``(vii) atmospheric deposition; and
``(B) programs and activities of the Cooperative
Oxford Laboratory of the National Ocean Service with
respect to--
``(i) nonindigenous species;
``(ii) estuarine and marine species
pathology;
``(iii) human pathogens in estuarine and
marine environments; and
``(iv) ecosystem health;
``(4) coordinate the activities of the National Oceanic and
Atmospheric Administration with the activities of the
Environmental Protection Agency and other Federal, State, and
local agencies;
``(5) establish an effective mechanism which shall ensure
that projects have undergone appropriate peer review and
provide other appropriate means to determine that projects have
acceptable scientific and technical merit for the purpose of
achieving maximum utilization of available funds and resources
to benefit the Chesapeake Bay area;
``(6) remain cognizant of ongoing research, monitoring, and
management projects and assist in the dissemination of the
results and findings of those projects; and
``(7) submit a biennial report to the Congress and the
Secretary of Commerce with respect to the activities of the
Office and on the progress made in protecting and restoring the
living resources and habitat of the Chesapeake Bay, which
report shall include an action plan consisting of--
``(A) a list of recommended research, monitoring,
and data collection activities necessary to continue
implementation of the strategy described in paragraph
(2); and
``(B) proposals for--
``(i) continuing any new National Oceanic
and Atmospheric Administration activities in
the Chesapeake Bay; and
``(ii) the integration of those activities
with the activities of the partners in the
Chesapeake Bay Program to meet the commitments
of the Chesapeake 2000 agreement and subsequent
agreements.
``(c) Chesapeake Bay Fishery and Habitat Restoration Small
Watershed Grants Program.--
``(1) In general.--The Director of the Chesapeake Bay
Office of the National Oceanic and Atmospheric Administration
(in this section referred to as the `Director'), in cooperation
with the Chesapeake Executive Council, shall carry out a
community-based fishery and habitat restoration small grants
and technical assistance program in the Chesapeake Bay
watershed.
``(2) Projects.--
``(A) Support.--The Director shall make grants
under this subsection to pay the Federal share of the
cost of projects that are carried out by entities
eligible under paragraph (3) for the restoration of
fisheries and habitats in the Chesapeake Bay.
``(B) Federal share.--The Federal share under
subparagraph (A) shall not exceed 75 percent.
``(C) Types of projects.--Projects for which grants
may be made under this subsection include--
``(i) the improvement of fish passageways;
``(ii) the creation of natural or
artificial reefs or substrata for habitats;
``(iii) the restoration of wetland or sea
grass;
``(iv) the production of oysters for
restoration projects; and
``(v) the prevention, identification, and
control of nonindigenous species.
``(3) Eligible entities.--The following entities are
eligible to receive grants under this subsection:
``(A) The government of a political subdivision of
a State in the Chesapeake Bay watershed, and the
government of the District of Columbia.
``(B) An organization in the Chesapeake Bay
watershed (such as an educational institution or a
community organization)--
``(i) that is described in section 501(c)
of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of
that Code; and
``(ii) that will administer such grants in
coordination with a government referred to in
subparagraph (A).
``(4) Additional requirements.--The Director may prescribe
any additional requirements, including procedures, that the
Director considers necessary to carry out the program under
this subsection.
``(d) Budget Line Item.--The Secretary of Commerce shall identify,
in the President's annual budget to the Congress, the funding request
for the Office.
``(e) Chesapeake Executive Council.--For purposes of this section,
`Chesapeake Executive Council' means the representatives from the
Commonwealth of Virginia, the State of Maryland, the Commonwealth of
Pennsylvania, the Environmental Protection Agency, the District of
Columbia, and the Chesapeake Bay Commission, who are signatories to the
Chesapeake Bay Agreement, and any future signatories to that Agreement.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Commerce for the Chesapeake Bay
Office $6,000,000 for each of fiscal years 2002 through 2006.''.
(b) Conforming Amendment.--Section 2 of the National Oceanic and
Atmospheric Administration Marine Fisheries Program Authorization Act
(Public Law 98-210; 97 Stat. 1409) is amended by striking subsection
(e).
(c) Multiple Species Management Strategy.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Chesapeake Bay
Office of the National Oceanic and Atmospheric Administration
shall begin a 5-year study, in cooperation with the scientific
community of the Chesapeake Bay, appropriate State and
interstate resource management entities, and appropriate
Federal agencies--
(A) to determine and expand the understanding of
the role and response of living resources in the
Chesapeake Bay ecosystem; and
(B) to develop a multiple species management
strategy for the Chesapeake Bay.
(2) Required elements of study.--In order to improve the
understanding necessary for the development of the strategy
under paragraph (1)(B), the study shall--
(A) determine the current status and trends of fish
and shellfish that live in the Chesapeake Bay and its
tributaries and are selected for study;
(B) evaluate and assess interactions among the fish
and shellfish referred to in subparagraph (A) and other
living resources, with particular attention to the
impact of changes within and among trophic levels; and
(C) recommend management actions to optimize the
return of a healthy and balanced ecosystem for the
Chesapeake Bay.
Passed the House of Representatives April 4, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Authorizes appropriations for the Chesapeake Bay Office (currently, the Chesapeake Bay Estuarine Resources Office) of the National Oceanic and Atmospheric Administration through FY 2006 and revises the functions of such Office, including providing for a community-based fishery and habitat restoration small grants and technical assistance program. | To reauthorize the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DSHEA Full Implementation and
Enforcement Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Over 158,000,000 Americans regularly consume dietary
supplements to maintain and improve their health.
(2) Consumer expenditures on dietary supplements reached a
reported $17,100,000,000 in 2000, double the amount spent in
1994.
(3) According to a recent report issued by the Food and
Drug Administration (in this Act referred to as the ``FDA'')
the use of dietary supplements is likely to grow due to factors
such as the aging of the baby boom generation, increased
interest in self-sufficiency, and advances in science that are
uncovering new relationships between diet and disease.
(4) In 1994, the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417) (in this Act referred to as
``DSHEA'') was enacted. This Act balanced continued consumer
access to vitamins, minerals, and other dietary supplements,
increased scientific research on the benefits and risks of
dietary supplements, public education on dietary supplements,
and needed consumer protections.
(5) DSHEA requires that claims made on dietary supplement
labels, packaging, and accompanying material be truthful, non-
misleading, and substantiated. Manufacturers are prohibited
from making claims that products are intended to diagnose,
treat, mitigate, cure, or prevent a disease.
(6) DSHEA provides for good manufacturing practice
standards setting requirements for potency, purity, sanitary
conditions, and recordkeeping for dietary supplements.
(7) DSHEA requires that manufacturers submit adequate
information as to the safety of any new ingredients contained
in dietary supplements before those products can be sold.
(8) The FDA has updated and expanded its system for the
reporting, collection, and analysis of dietary supplement
adverse events reports.
(9) DSHEA provides the FDA with a number of authoritites to
remove unsafe dietary supplements from the marketplace.
(10) DSHEA created the Office of Dietary Supplements within
the National Institutes of Health to expand research and
consumer information about the health effects of dietary
supplements.
(11) The FDA has not adequately used its authority to
enforce DSHEA.
(12) The FDA needs adequate resources to appropriately
implement and enforce DSHEA. Congress has appropriated
additional funds over the last several years beyond those
requested in the President's budget to implement and enforce
DSHEA, reaching $9,700,000 in fiscal year 2003.
(13) However, according to the FDA, full implementation of
DSHEA would require substantial additional resources. The FDA
asserts that between $24,000,000 and $65,000,000 per year will
be needed to fully implement DSHEA.
SEC. 3. AUTHORIZATION AND APPROPRIATION OF RESOURCES.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417), the amendments made by such Act, and
all applicable regulatory requirements for dietary supplements under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)--
(1) $20,000,000 for fiscal year 2006;
(2) $30,000,000 for fiscal year 2007;
(3) $40,000,000 for fiscal year 2008;
(4) $50,000,000 for fiscal year 2009; and
(5) $65,000,000 for fiscal year 2010.
(b) Appropriation of Funds for Fiscal Year 2006.--There are
appropriated, out of any money in the Treasury not otherwise
appropriated, to carry out the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417), the amendments made by such Act, and
all applicable regulatory requirements for dietary supplements under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
$20,000,000 for fiscal year 2006.
(c) Office of Dietary Supplements.--There are authorized to be
appropriated and there are appropriated, out of any money in the
Treasury not otherwise appropriated, for expanded research and
development of consumer information on dietary supplements by the
Office of Dietary Supplements at the National Institutes of Health--
(1) $30,000,000 for fiscal year 2006; and
(2) such sums as may be necessary for each of the fiscal
years 2007 through 2010.
(d) Use of Funds.--The Food and Drug Administration shall fully and
appropriately use the funds appropriated in subsections (b) and (c) and
pursuant to subsection (a) to regulate dietary supplements.
SEC. 4. ANNUAL ACCOUNTABILITY REPORT ON THE REGULATION OF DIETARY
SUPPLEMENTS.
(a) In General.--Not later than January 31, 2006, and annually
thereafter, the Secretary of Health and Human Services shall submit a
report to Congress on the implementation and enforcement of the Dietary
Supplement Health and Education Act of 1994 (Public Law 103-417).
(b) Contents.--The report under subsection (a) shall include the
following:
(1) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
dietary supplement regulation over the prior fiscal year.
(2) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
administering adverse event reporting systems as they relate to
dietary supplement regulation over the prior fiscal year.
(3) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
enforcement of dietary supplement labeling and claims
requirements over the prior fiscal year and an explanation of
their activities.
(4) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to good
manufacturing practices inspections of dietary supplement
manufacturers over the prior fiscal year and an explanation of
their activities.
(5) The number of good manufacturing practices inspections
of dietary supplement manufacturers by the Food and Drug
Administration over the prior fiscal year and a summary of the
results.
(6) The number of new ingredient reviews and safety reviews
related to dietary supplements and the results of those
reviews.
(7) An explanation of all enforcement actions taken by the
Food and Drug Administration and the Department of Health and
Human Services related to dietary supplements over the prior
fiscal year, including the number and type of actions.
(8) The number of dietary supplement claims for which the
Food and Drug Administration requested substantiation from the
manufacturer over the prior fiscal year, and the agency's
response.
(9) The number of dietary supplement claims determined to
be false, misleading, or nonsubstantiated by the Food and Drug
Administration over the prior fiscal year.
(10) The research and consumer education activities
supported by the Office of Dietary Supplements of the National
Institutes of Health.
(11) Any recommendations for administrative or legislative
actions regarding the regulation of dietary supplements.
(12) Any other information regarding the regulation of
dietary supplements determined appropriate by the Secretary of
Health and Human Services or the Commissioner of Food and
Drugs. | DSHEA Full Implementation and Enforcement Act of 2005 - Authorizes and makes appropriations to: (1) carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA) and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act; and (2) expand research and development of consumer information on dietary supplements by the Office of Dietary Supplements at the National Institutes of Health (NIH).
Requires the Food and Drug Administration (FDA) to fully and appropriately use such funds to regulate dietary supplements.
Directs the Secretary of Health and Human Services to report to Congress on the implementation and enforcement of DSHEA. | To ensure that the goals of the Dietary Supplement Health and Education Act of 1994 are met by authorizing appropriations to fully enforce and implement such Act and the amendments made by such Act, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homebound Elderly Relief Opportunity
Act of 1998''.
SEC. 2. MODIFICATION OF HOME HEALTH SERVICES PAYMENT LIMITS.
(a) Moratorium on Implementation of Per Beneficiary Limits Under
Interim Payment System.--Section 1861(v)(1)(L)(iv) of the Social
Security Act (42 U.S.C. 1395x(v)(1)(L)(iv)) is amended to read as
follows:
``(iv)(I) The interim system of payments under clause (v) shall
apply only if aggregate expenditures for home health services in a
fiscal year exceed the applicable amount described in subclause (II).
``(II) For purposes of subclause (I), the applicable amount for
fiscal year 1998 is $18,200,000,000 and for fiscal year 1999 is
$19,300,000,000.
``(III) In the case of an excess under subclause (I), the Secretary
shall implement such system beginning January 1 of the year following
the fiscal year in which such aggregate expenditures exceed the
applicable amount. The Secretary shall adjust payments under such
system so that aggregate expenditures for home health services for
fiscal years 1998 through 2002 do not exceed $101,000,000,000.
``(IV) Not later than the October 31 that precedes a year in which
such system is implemented, the Secretary shall publish in the Federal
Register proposed per beneficiary limits for the subsequent year, along
with the standards and methods utilized in calculating and applying the
limits in compliance with the rulemaking provisions under section 553
of the Administrative Procedures Act (5 U.S.C. 553). Not later than the
December 31 that precedes such year, the Secretary shall publish in the
Federal Register the per beneficiary limits for home health services
furnished during cost reporting periods beginning in that year.''.
(b) Establishment of Uniform Per Beneficiary Limits Under Interim
Payment System.--Section 1861(v)(1)(L)(v) of such Act (42 U.S.C.
1395x(v)(1)(L))(v)), is amended--
(1) in the first sentence, by striking ``For'' and
inserting ``Subject to clause (iv), for''; and
(2) in subclause (I), by striking ``calculated based 75
percent on 98 percent'' through ``periods ending during fiscal
year 1994, such costs'' and inserting ``equal to the greater of
75 percent of the standardized regional average of reasonable
costs (including nonroutine medical supplies) for cost
reporting periods ending during fiscal year 1994 for the
agency's census division and 25 percent of the standardized
national average of such costs or 25 percent of the
standardized regional average of such costs for the agency's
census division and 75 percent of the standardized national
average of such costs, such costs determined separately for
agencies in rural and nonrural areas and''.
(c) Adjustment for Outliers.--Section 1861(v)(1)(L) of such Act (42
U.S.C. 1395x(v)(1)(L)) is amended by adding at the end the following
new clause:
``(viii)(I) Subject to subclause (II), in the case of a home health
agency that exceeds the per beneficiary limit under clause (v), the
Secretary shall provide for an additional payment where the reasonable
cost for home health services provided to an individual exceeds such
limit by a fixed number of standard deviations. Such additional payment
amount shall be determined prior to the fiscal year in which subsection
(iv) is applicable.
``(II) The aggregate amount of such additional payments in a fiscal
year may not exceed 5 percent of the aggregate payments projected or
estimated by the Secretary to be made under clause (v) in that year.''.
(d) Per Visit Cost Limits.--Section 1861(v)(1)(L)(i)(IV) of such
Act (42 U.S.C. 1395x(v)(1)(L)(i)(IV)) is amended to read as follows:
``(IV) October 1, 1997, 110 percent of such mean.''.
(e) Elimination of Special Per Beneficiary Payment Rule for New
Agencies.--Section 1861(v)(1)(L)(vi) of such Act (42 U.S.C.
1395x(v)(1)(L)(vi)) is amended to read as follows:
``(vi) Where the Secretary establishes that beneficiaries use
services furnished by more than one home health agency for purposes of
circumventing the per beneficiary annual limitation under clause (v),
the per beneficiary limitation shall be prorated among the agencies.''.
(f) Publication of New Limits.--Section 1861(v)(1)(L)(vii) of such
Act (42 U.S.C. 1395x(v)(1)(L)(vii)) is amended by adding at the end the
following new subclause:
``(III) Notwithstanding subclause (II), in the case of per visit or
per beneficiary limits for fiscal year 1999 established by reason of
the Homebound Elderly Relief Opportunity Act of 1998, the Secretary
shall establish such limits by not later than 90 days after the date of
the enactment of such Act.''.
SEC. 3. MODIFICATION OF CALCULATION OF PAYMENT AMOUNT FOR HOME HEALTH
SERVICES UNDER THE PROSPECTIVE PAYMENT SYSTEM.
(a) Establishment of Equitable Limits for Calculating Prospective
Payment Rates.--
(1) In general.--Section 1895(b)(3)(A)(i) of the Social
Security Act (42 U.S.C. 1395fff(b)(3)(A)(i)) is amended by
inserting ``the greater of $19,000,000,000 or'' after ``equal
to''.
(2) Contingency.--Section 4603(e) of the Balanced Budget
Act of 1997 (42 U.S.C. 1395fff note) is amended to read as
follows:
``(e) Contingency.--
``(1) In general.--If the Secretary of Health and Human
Services for any reason does not establish and implement the
prospective payment system for home health services described
in section 1895(b) of the Social Security Act (as added by
subsection (a)) for cost reporting periods described in
subsection (d), the Secretary shall provide--
``(A) for such cost reporting periods that begin
before October 1, 2002, an adjustment to the cost
limits described in section 1861(v)(1)(L) of such Act
(42 U.S.C. 1395x(v)(1)(L)) so that the aggregate
amounts payable for such services in a fiscal year do
not exceed the greater of--
``(i) the applicable amount (as defined in
paragraph (2)); or
``(ii) the aggregate amount of payments for
such services that would have been made in such
fiscal year if such cost limits (as those
limits would otherwise be in effect on
September 30, 1999) had been reduced by 15
percent; and
``(B) for such cost reporting periods that begin on
or after October 1, 2002, a reduction by 15 percent in
such cost limits (as so in effect).
``(2) Applicable amount defined.--In paragraph (1) the term
`applicable amount' means, with respect to a fiscal year, the
following amount:
``(A) For fiscal year 2000, $19,000,000,000.
``(B) For fiscal year 2001, $21,400,000,000.
``(C) For fiscal year 2002, $23,100,000,000.''.
(b) Temporary Restoration of Periodic Interim Payment for Home
Health Services.--Section 1815(e)(2) of the Social Security Act (42
U.S.C. 1395g(e)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) home health services until the end of the 12-month
period following the date that the prospective payment system
for such services is implemented under section 1895; and''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect as if included in
the enactment of the Balanced Budget Act of 1997. | Homebound Elderly Relief Opportunity Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997 (BBA '97), with respect to the computation formula of the interim system of limited payments for services provided by home health agencies. Declares that such interim system shall apply only if aggregate expenditures for home health services in a fiscal year exceed specified applicable amounts for FY 1998 and 1999 (with adjustments through FY 2002). Requires the Secretary of Health and Human Services, in the case of such an excess, to implement such system beginning January 1 of the year following the fiscal year in which such aggregate expenditures exceed the applicable amount.
Includes in the computation formula the separate determination of costs for agencies in rural and nonrural areas.
Provides for adjustment of payments (up to five percent of the aggregate projected or estimated payments) for outliers where the reasonable cost for home health services to an individual exceeds the per beneficiary limit by a fixed number of standard deviations.
Eliminates the special rule for new agencies with respect to determination of the reasonable cost of home health services.
Provides for a five percent increase in per-visit cost limits for cost reporting periods beginning on or after October 1, 1997.
Amends SSA title XVIII (Medicare) to modify calculation of the payment amount for home health services under the prospective payment system (PPS) for them created under BBA '97.
Provides for an adjustment in the current 15 percent reduction in cost and per beneficiary limits for cost reporting periods beginning before October 1, 2002, if the PPS is not established for the pertinent cost reporting periods, with a return of the current reduction for cost reporting periods beginning on or after such date.
Amends SSA title XVIII to provide for temporary restoration of periodic interim payment for home health services until the PPS for such services is implemented under Medicare. | Homebound Elderly Relief Opportunity Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capitol Visitor Center Authorization
Act of 1997''.
SEC. 2. ESTABLISHMENT OF CAPITOL VISITOR CENTER.
(a) In General.--The Architect of the Capitol, under the direction
of the United States Capitol Preservation Commission, is authorized--
(1) to plan, construct, equip, administer, and maintain a
Capitol Visitor Center under the East Plaza of the United
States Capitol with associated improvements to the Capitol to
provide access thereto; and
(2) to reconstruct the East Plaza of the United States
Capitol and its environs to enhance its attractiveness, safety,
and security.
(b) Purpose.--It shall be the purpose of the Capitol Visitor Center
to provide reception facilities, educational exhibits, amenities,
auditoriums, and other programs and facilities for members of the
public visiting the United States Capitol.
(c) Design.--The design of the Capitol Visitor Center shall be
substantially in accordance with the Final Design Report dated November
10, 1995, submitted by the Architect of the Capitol to the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Rules and Administration of the Senate, and the United
States Capitol Preservation Commission.
(d) Plans for Exhibits.--Plans and specifications for the exhibits
and equipping of the Capitol Visitor Center shall be completed by the
Architect of the Capitol as soon as practicable after the commencement
of construction.
(e) Project Defined.--The activities and purposes set forth in
subsections (a) through (d) are hereinafter in this Act referred to as
the ``project''.
SEC. 3. PROJECT DEVELOPMENT PLAN.
(a) General Authority.--Notwithstanding any other provision of law,
the Architect of the Capitol is authorized and directed to finance and
develop the project in accordance with this Act and in accordance with
a plan developed and approved in accordance with subsection (b).
(b) Development and Approval of Plan.--The Architect of the Capitol
shall develop and submit to the United States Capitol Preservation
Commission for approval a plan that will enable the construction of the
project to be completed without the appropriation of funds to the
Legislative Branch for such purpose.
(c) Performance of Activities.--The performance of any activity
contemplated by a plan approved under subsection (b) (or by any special
purpose entity created pursuant to this Act) of any activity is
expressly authorized. Such activities may include the following:
(1) The establishment of 1 or more special purpose not-for-
profit entities (corporations, partnerships, or otherwise) in
connection with the project.
(2) One or more borrowings from the Federal Financing Bank,
for which purpose the Architect of the Capitol (and any special
purpose entity created pursuant to the plan) shall be deemed a
Federal agency within the meaning of section 3 of the Federal
Financing Bank Act of 1973 (12 U.S.C. 2282).
(3) Execution and delivery by the Architect of the Capitol
(or by any special purpose entity created pursuant to the plan)
of multiple-year agreements, contracts, leases, guaranties,
instruments of indebtedness, or such other documentation as may
be necessary or desirable to facilitate, support, or act as
collateral for the project or to provide goods or services to
or for the benefit of the project.
(c) Use of Gifts.--Gifts received pursuant to section 5 of this Act
shall be used to reduce, discharge, or provide collateral for any
indebtedness incurred in connection with the project (whether incurred
prior or subsequent to the receipt of such gift) until such
indebtedness (including any accrued but unpaid interest thereon) has
been repaid in full.
SEC. 4. CONSTRUCTION.
(a) Building Codes.--The project shall meet design standards
applicable under nationally recognized building codes, as determined by
the Architect of the Capitol. During construction, the Architect shall
conduct periodic inspections for the purpose of assuring that such
standards are being met.
(c) Applicability of Certain Laws.--The project shall not be
subject to any Federal or State law (including laws of the District of
Columbia) relating to taxes, building codes, permits, or inspections.
SEC. 5. GIFTS.
(a) In General.--For the purposes of carrying out the project, the
Architect of the Capitol may solicit, receive, accept, hold, and
dispose of gifts or donations of services or property.
(b) Deposit of Receipts.--Subsequent to the repayment of all
indebtedness and subject to the provisions of the plan approved
pursuant to section 3, the Architect of the Capitol shall deposit into
the account established by section 6(a) all monetary gifts received
under subsection (a) and all proceeds from the disposition of
nonmonetary gifts received under subsection (a).
(c) Treatment Under Tax Laws.--Any gift accepted in accordance with
the plan approved pursuant to section 3 shall be considered a gift to
the United States for the purposes of income, estate, and gift tax laws
of the United States.
SEC. 6. ACCOUNT IN THE TREASURY.
(a) Establishment.--There is established in the Treasury of the
United States a separate account entitled ``Architect of the Capitol,
Capitol Buildings and Grounds, Capitol Visitor Center, Gifts and
Donations'' which shall consist of amounts deposited into the account
by the Architect of the Capitol under section 5(b) and amounts credited
to the account pursuant to this section.
(b) Availability of Amounts.--Funds in the account established by
subsection (a) shall be available to the Architect of the Capitol for
carrying out the project in such amounts as are specified in
appropriations Acts. Such funds shall not be subject to any fiscal year
limitation.
(c) Reporting of Transactions.--Receipts, obligations, and
expenditures of funds in the account established by subsection (a)
shall be reported in annual estimates submitted to Congress by the
Architect of the Capitol for the operation and maintenance of the
Capitol Buildings and Grounds.
(d) Investment.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the account established by subsection (a) as is
not, in the judgment of the Secretary, required to meet current
withdrawals. Such investments may be made only in interest-
bearing obligations of the United States. For such purpose,
such obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(2) Sale of obligations.--Any obligation acquired by the
account may be sold at the market price.
(3) Interest on certain proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the account shall be credited to and form part of the
account.
SEC. 7. AUTHORITY TO CONTRACT.
To assure that only the most responsible, experienced, and
qualified parties are utilized to carry out the project,
notwithstanding any other provision of law, the Architect of the
Capitol may establish competitive procedures for such work by the use
of prequalification standards and may award contracts on the basis of
contractor qualifications as well as price. Such procedures and
contract awards shall be final and conclusive upon all officers of the
government.
SEC. 8. SPECIAL COMMITTEE OF UNITED STATES CAPITOL PRESERVATION
COMMISSION.
(a) Delegation of Functions.--The United States Capitol
Preservation Commission is authorized to delegate to the Special
Committee appointed pursuant to the amendment made by subsection (b)
the functions of the Commission under this Act.
(b) Establishment.--Section 801 of the Arizona-Idaho Conservation
Act of 1988 (40 U.S.C. 188a) is amended by adding at the end the
following:
``(f) Special Committee.--
``(1) Establishment.--The Commission is authorized to
establish a Special Committee consisting of 3 members as
follows:
``(A) One Member of the House of Representatives to
be appointed by the Commission.
``(B) One Member of the Senate to be appointed by
the Commission.
``(C) One Member of the House of Representatives or
the Senate or 1 knowledgeable and experienced private
citizen to be appointed by the 2 members appointed
pursuant to subparagraphs (A) and (B).
``(2) Chairman; functions.--The Special Committee
established pursuant to paragraph (1) shall elect its own
chairperson and shall provide the Architect of the Capitol with
all necessary oversight and direction in the exercise of the
authority granted to the Architect under the Capitol Visitor
Center Authorization Act of 1996.''.
SEC. 9. REPEAL.
The provisions of title III of the National Visitor Center
Facilities Act of 1968 (82 Stat. 43) shall be superseded and repealed
to the extent that such provisions are inconsistent with the provisions
of the plan approved pursuant to section 3. | Capitol Visitor Center Authorization Act of 1997 - Authorizes the Architect of the Capitol (AOC), under the direction of the U.S. Capitol Preservation Commission (Commission), to: (1) plan, construct, equip, administer, and maintain a Capitol Visitor Center under the East Plaza of the Capitol; and (2) reconstruct the East Plaza and its environs to enhance its attractiveness, safety, and security.
Requires that the design of the Capitol Visitor Center shall be substantially in accordance with the Final Design Report dated November 10, 1995, submitted by the AOC to specified congressional committees. Authorizes and directs the AOC to finance and develop the project in accordance with this Act. Directs the AOC to develop and submit to the Commission for approval a plan that will enable the construction of the project to be completed without the appropriation of funds to the legislative branch for such purpose.
Establishes in the Treasury an Architect of the Capitol, Capitol Buildings and Grounds, Capitol Visitor Center, Gifts and Donations account.
Authorizes the AOC to establish competitive procedures for work to carry out the project by the use of prequalification standards, and to award contracts on the basis of contractor qualifications as well as price. States that such procedures and contract awards shall be final and conclusive upon all officers of the Government.
Amends the Arizona-Idaho Conservation Act to authorize the Commission to establish a special committee to provide the AOC with all necessary oversight and direction. Repeals the provisions of title III of the National Visitor Center Facilities Act of 1968 to the extent that such provisions are inconsistent with the provisions of the plan approved under this Act. | Capitol Visitor Center Authorization Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Services to Prevent Veterans
Homelessness Act of 2007''.
SEC. 2. FINANCIAL ASSISTANCE FOR SUPPORTIVE SERVICES FOR VERY LOW-
INCOME VETERAN FAMILIES IN PERMANENT HOUSING.
(a) Purpose.--The purpose of this section is to facilitate the
provision of supportive services for very low-income veteran families
in permanent housing.
(b) Financial Assistance.--
(1) In general.--Subchapter V of chapter 20 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2044. Financial assistance for supportive services for very low-
income veteran families in permanent housing
``(a) Distribution of Financial Assistance.--(1) The Secretary
shall provide financial assistance to eligible entities approved under
this section to provide and coordinate the provision of supportive
services described in subsection (b) for very low-income veteran
families occupying permanent housing.
``(2) Financial assistance under this section shall consist of per
diem payments for each such family for which an approved eligible
entity is providing or coordinating the provision of supportive
services.
``(3)(A) Subject to the availability of appropriations provided for
such purpose, the Secretary shall provide to each family for which an
approved eligible entity is providing or coordinating the provision of
supportive services per diem payments in the amount of the daily cost
of care estimated by such eligible entity (as adjusted by the Secretary
under subparagraph (C)).
``(B) In no case may the amount of per diem paid under this
paragraph exceed the rate of per diem authorized for State homes for
domiciliary care under subsection (a)(1)(A) of section 1741 of this
title, as adjusted by the Secretary under subsection (c) of such
section.
``(C)(i) The Secretary may adjust the daily cost of care estimated
by an eligible entity for purposes of this paragraph to exclude other
sources of income described in clause (iii) that the eligible entity
certifies to be correct.
``(ii) Each eligible entity shall provide to the Secretary such
information with respect to other sources of income as the Secretary
may require to make the adjustment under clause (i).
``(iii) The other sources of income referred to in clauses (i) and
(ii) are payments to the eligible entity for furnishing services to
homeless veterans under programs other than under this subchapter,
including payments and grants from other departments and agencies of
the Federal Government, from departments or agencies of State or local
government, and from private entities or organizations.
``(4) In providing financial assistance under paragraph (1), the
Secretary shall give preference to entities providing or coordinating
the provision of supportive services for very low-income veteran
families who are transitioning from homelessness to permanent housing.
``(5) The Secretary shall ensure that, to the extent practicable,
financial assistance under this subsection is equitably distributed
across geographic regions, including rural communities and tribal
lands.
``(6) Each entity receiving financial assistance under this section
to provide supportive services to a very low-income veteran family
shall notify that family that such services are being paid for, in
whole or in part, by the Department.
``(7) The Secretary may require entities receiving financial
assistance under this section to submit a report to the Secretary that
describes the projects carried out with such financial assistance.
``(b) Supportive Services.--The supportive services referred to in
subsection (a) are the following:
``(1) Services provided by an eligible entity or a
subcontractor of an eligible entity that address the needs of
very low-income veteran families occupying permanent housing,
including--
``(A) outreach services;
``(B) health care services, including diagnosis,
treatment, and counseling for mental health and
substance abuse disorders and for post-traumatic stress
disorder, if such services are not readily available
through the Department medical center serving the
geographic area in which the veteran family is housed;
``(C) habilitation and rehabilitation services;
``(D) case management services;
``(E) daily living services;
``(F) personal financial planning;
``(G) transportation services;
``(H) vocational counseling;
``(I) employment and training;
``(J) educational services;
``(K) assistance in obtaining veterans benefits and
other public benefits, including health care provided
by the Department;
``(L) assistance in obtaining income support;
``(M) assistance in obtaining health insurance;
``(N) fiduciary and representative payee services;
``(O) legal services to assist the veteran family
with reconsiderations or appeals of veterans and public
benefit claim denials and to resolve outstanding
warrants that interfere with the family's ability to
obtain or retain housing or supportive services;
``(P) child care;
``(Q) housing counseling;
``(R) other services necessary for maintaining
independent living; and
``(S) coordination of services under this
paragraph.
``(2) Services described in paragraph (1) that are
delivered to very low-income veteran families who are homeless
and who are scheduled to become residents of permanent housing
within 90 days pending the location or development of housing
suitable for permanent housing.
``(3) Services described in paragraph (1) for very low-
income veteran families who have voluntarily chosen to seek
other housing after a period of tenancy in permanent housing,
that are provided, for a period of 90 days after such families
exit permanent housing or until such families commence receipt
of other housing services adequate to meet their current needs,
but only to the extent that services under this paragraph are
designed to support such families in their choice to transition
into housing that is responsive to their individual needs and
preferences.
``(c) Application for Financial Assistance.--(1) An eligible entity
seeking financial assistance under subsection (a) shall submit to the
Secretary an application therefor in such form, in such manner, and
containing such commitments and information as the Secretary determines
to be necessary to carry out this section.
``(2) Each application submitted by an eligible entity under
paragraph (1) shall contain--
``(A) a description of the supportive services proposed to
be provided by the eligible entity;
``(B) a description of the types of very low-income veteran
families proposed to be provided such services;
``(C) an estimate of the number of very low-income veteran
families proposed to be provided such services;
``(D) evidence of the experience of the eligible entity in
providing supportive services to very low-income veteran
families; and
``(E) a description of the managerial capacity of the
eligible entity--
``(i) to coordinate the provision of supportive
services with the provision of permanent housing by the
eligible entity or by other organizations;
``(ii) to assess continuously the needs of very
low-income veteran families for supportive services;
``(iii) to coordinate the provision of supportive
services with the services of the Department;
``(iv) to tailor supportive services to the needs
of very low-income veteran families; and
``(v) to seek continuously new sources of
assistance to ensure the long-term provision of
supportive services to very low-income veteran
families.
``(3) The Secretary shall establish criteria for the selection of
eligible entities to be provided financial assistance under this
section.
``(d) Technical Assistance.--(1) The Secretary shall provide
training and technical assistance to participating eligible entities
regarding the planning, development, and provision of supportive
services to very low-income veteran families occupying permanent
housing.
``(2) The Secretary may provide the training described in paragraph
(1) directly or through grants or contracts with appropriate public or
nonprofit private entities.
``(e) Funding.--(1) From amounts appropriated to the Department for
Medical Care, there shall be available to carry out this section
amounts as follows:
``(A) $15,000,000 for fiscal year 2008.
``(B) $20,000,000 for fiscal year 2009.
``(C) $25,000,000 for fiscal year 2010.
``(2) Not more than $750,000 may be available under paragraph (1)
in any fiscal year to provide technical assistance under subsection
(d).
``(f) Definitions.--In this section:
``(1) The term `consumer cooperative' has the meaning given
such term in section 202 of the Housing Act of 1959 (12 U.S.C.
1701q).
``(2) The term `eligible entity' means--
``(A) a private nonprofit organization; or
``(B) a consumer cooperative.
``(3) The term `homeless' has the meaning given that term
in section 103 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11302).
``(4) The term `permanent housing' means community-based
housing without a designated length of stay.
``(5) The term `private nonprofit organization' means any
of the following:
``(A) Any incorporated private institution or
foundation--
``(i) no part of the net earnings of which
inures to the benefit of any member, founder,
contributor, or individual;
``(ii) which has a governing board that is
responsible for the operation of the supportive
services provided under this section; and
``(iii) which is approved by the Secretary
as to financial responsibility;
``(B) A for-profit limited partnership, the sole
general partner of which is an organization meeting the
requirements of clauses (i), (ii), and (iii) of
subparagraph (A).
``(C) A corporation wholly owned and controlled by
an organization meeting the requirements of clauses
(i), (ii), and (iii) of subparagraph (A).
``(D) A tribally designated housing entity (as
defined in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103)).
``(6)(A) Subject to subparagraphs (B) and (C), the term
`very low-income veteran family' means a veteran family whose
income does not exceed 50 percent of the median income for an
area specified by the Secretary for purposes of this section,
as determined by the Secretary in accordance with this
paragraph.
``(B) The Secretary shall make appropriate adjustments to
the income requirement under subparagraph (A) based on family
size.
``(C) The Secretary may establish an income ceiling higher
or lower than 50 percent of the median income for an area if
the Secretary determines that such variations are necessary
because the area has unusually high or low construction costs,
fair market rents (as determined under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f)), or family
incomes.
``(7) The term `veteran family' includes a veteran who is a
single person and a family in which the head of household or
the spouse of the head of household is a veteran.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by inserting
after the item relating to section 2043 the following new item:
``2044. Financial assistance for supportive services for very low-
income veteran families in permanent
housing.''.
(c) Study of Effectiveness of Permanent Housing Program.--
(1) In general.--For fiscal years 2008 and 2009, the
Secretary shall conduct a study of the effectiveness of the
permanent housing program under section 2044 of title 38,
United States Code, as added by subsection (b), in meeting the
needs of very low-income veteran families, as that term is
defined in that section.
(2) Comparison.--In the study required by paragraph (1),
the Secretary shall compare the results of the program referred
to in that subsection with other programs of the Department of
Veterans Affairs dedicated to the delivery of housing and
services to veterans.
(3) Criteria.--In making the comparison required in
paragraph (2), the Secretary shall examine the following:
(A) The satisfaction of veterans targeted by the
programs described in paragraph (2).
(B) The health status of such veterans.
(C) The housing provided such veterans under such
programs.
(D) The degree to which such veterans are
encouraged to productive activity by such programs.
(4) Report.--Not later than March 31, 2010, the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the results of the study required
by paragraph (1). | Services To Prevent Veterans Homelessness Act of 2007 - Directs the Secretary of Veterans Affairs to provide financial assistance to eligible entities (private nonprofit organizations or consumer cooperatives) to provide and coordinate the provision of various supportive services for very low-income veteran families occupying permanent housing. Requires: (1) equitable geographic distribution of such assistance; and (2) the Secretary to provide training and technical assistance to participating entities regarding the planning, development, and provision of such services.
Directs the Secretary to conduct a two-year study of the effectiveness of the assistance program in meeting the needs of very low-income veteran families. | A bill to amend title 38, United States Code, to establish a financial assistance program to facilitate the provision of supportive services for very low-income veteran families in permanent housing, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Muscogee-Creek Indian Tribe of
Georgia Recognition Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Lower Muscogee-Creek Indian Tribe of Georgia are
descendants of and political successors to those Indians known
as the original Creek Indian Nation at the time of initial
European contact with America.
(2) The Lower Muscogee-Creek Indian Tribe of Georgia are
descendants and political successors to the signatories of the
1832 Treaty of Washington, which was a treaty made before
removal while the Creeks were one nation. The Treaty involved
all Creeks, including the Upper, Middle, and Lower Creeks, when
the Creek Nation was whole and intact.
(3) The Lower Muscogee-Creek Indian Tribe of Georgia
consists of over 2,500 eligible members, most of whom continue
to reside close to their ancestral homeland within the State of
Georgia. Pursuant to Article XII of the 1832 Treaty of
Washington, the Lower Muscogee-Creek Indian Tribe of Georgia
declined to be removed and continued to operate as a sovereign
Indian tribe comprising those Lower Creeks declining removal
under that treaty.
(4) The Lower Muscogee-Creek Indian Tribe of Georgia
continues its political and social existence with a viable
tribal government carrying out many of its governmental
functions through its traditional form of collective
decisionmaking and social interaction.
(5) In 1972, when the Lower Muscogee-Creek Indian Tribe of
Georgia (also known as the Muscogee-Creek Indian Tribe East of
the Mississippi River) petitioned the Bureau of Indian Affairs
for Federal recognition, the tribal leaders were not well
educated and the Tribe could not afford competent counsel
adequately versed in Federal Indian law. The Tribe was unable
to obtain technical assistance in its petition which
consequently lacked critical and pertinent historical
information necessary for recognition. Thus, due to technical
omissions, the petition was denied on December 21, 1981.
(6) Despite the denial of the petition, the Federal
Government, the government of the State of Georgia, and local
governments, have recognized the political leaders of the Lower
Muscogee-Creek Indian Tribe of Georgia as leaders of a distinct
political governmental entity.
SEC. 3. DEFINITIONS.
In this Act:
(1) Member.--The term ``member'' means an enrolled member
of the Tribe, as of the date of enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Lower Muscogee-
Creek Indian Tribe of Georgia.
SEC. 4. FEDERAL RECOGNITION.
(a) In General.--Federal recognition is hereby extended to the
Tribe. All laws and regulations of general application to Indians or
nations, tribes, or bands of Indians that are not inconsistent with any
specific provision of this Act shall be applicable to the Tribe and its
members.
(b) Federal Benefits and Services.--The Tribe and its members shall
be eligible, on or after the date of enactment of this Act, for all
Federal benefits and services furnished to federally recognized Indian
tribes and their members because of their status as Indians without
regard to the existence of a reservation for the Tribe or the residence
of any member on or near an Indian reservation.
(c) Indian Reorganization Act Applicability.--The Act of June 18,
1934 (25 U.S.C. 461 et seq.) shall be applicable to the Tribe and its
members.
SEC. 5. RESERVATION.
(a) Lands Taken Into Trust.--Notwithstanding any other provision of
law, if, not later than 2 years after the date of enactment of this
Act, the Tribe transfers interest in land within the boundaries of the
State of Georgia to the Secretary, the Secretary shall take such
interests in land into trust for the benefit of the Tribe.
(b) Reservation Established.--Land taken into trust pursuant to
subsection (a) shall be the initial reservation land of the Tribe.
(c) Limitation on Gaming.--Gaming as defined and regulated by the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is prohibited on
the land taken into trust under subsection (a).
SEC. 6. BASE MEMBERSHIP ROLL.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Tribe shall submit to the Secretary a
membership roll consisting of all individuals who are members of the
Tribe. The qualifications for inclusion in the membership roll of the
Tribe shall be developed and based upon the membership provisions as
contained in the Tribe's Constitution and Bill of Rights. Upon
completion of the membership roll, the Secretary shall publish notice
of such in the Federal Register. The Tribe shall ensure that such roll
is maintained and kept current.
(b) Future Membership.--The Tribe shall have the right to determine
future membership in the Tribe, however, in no event may an individual
be enrolled as a member of the Tribe unless the individual is a lineal
descendant of a person on the base membership roll, and has continued
to maintain political relations with the Tribe.
SEC. 7. JURISDICTION.
The reservation established pursuant to this Act shall be Indian
country under Federal and tribal jurisdiction.
SEC. 8. TREATIES NOT AFFECTED.
No provision of this Act shall be construed to constitute an
amendment, modification, or interpretation of any treaty to which a
tribe mentioned in this Act is a party nor to any right secured to such
a tribe or to any other tribe by any treaty. | Makes the Tribe eligible for all Federal benefits and services furnished to federally recognized Indian tribes without regard to the existence of a reservation.
Makes the provisions of the Indian Reorganization Act applicable to the Tribe and its members.
Directs the Secretary, if the Tribe transfers interests in land within the boundaries of the State of Georgia to the Secretary, to take such interests in land into trust for the benefit of the Tribe. Makes such land the Tribe's initial reservation land. Prohibits gaming on such land.
Requires the Tribe to submit a membership roll.
Provides for no provision of this Act to be construed to constitute an amendment, modification, or interpretation of any treaty to which the Tribe is a party nor to any right secured to the Tribe or to any other tribe by any treaty. | Lower Muscogee-Creek Indian Tribe of Georgia Recognition Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Contracting and Tax Accountability
Act of 2009''.
SEC. 2. GOVERNMENTAL POLICY.
It is the policy of the United States Government that no Government
contracts or grants should be awarded to individuals or companies with
seriously delinquent Federal tax debts.
SEC. 3. PROHIBITION ON AWARDING OF CONTRACTS TO DELINQUENT FEDERAL
DEBTORS.
Section 3720B of title 31, United States Code, is amended--
(1) in the section heading, by adding at the end ``or
contracts'';
(2) by adding at the end the following:
``(c)(1) Unless this subsection is waived by the head of a Federal
agency, a person who has a seriously delinquent tax debt shall be
proposed for debarment from any contract awarded by the Federal
Government.
``(2) The head of any Federal agency that issues an invitation for
bids or a request for proposals for a contract in an amount greater
than the simplified acquisition threshold (as defined in section 4(11)
of the Office of Federal Procurement Policy Act (41 U.S.C. 401(11))
shall require each person that submits a bid or proposal to submit with
the bid or proposal a form--
``(A) certifying that the person does not have a seriously
delinquent tax debt; and
``(B) authorizing the Secretary of the Treasury to disclose
to the head of the agency information limited to describing
whether the person has a seriously delinquent tax debt.
``(3) The Secretary shall make available to all Federal agencies a
standard form for the certification and authorization described in
paragraph (2).
``(4) Not later than 270 days after the date of enactment of this
subsection, the Federal Acquisition Regulation shall be revised to
incorporate the requirements of this subsection.
``(5) For purposes of this subsection:
``(A) The term `contract' means a binding agreement entered
into by a Federal agency for the purpose of obtaining property
or services, but does not include--
``(i) a contract designated by the head of the
agency as assisting the agency in the performance of
disaster relief authorities; or
``(ii) a contract designated by the head of the
agency as necessary to the national security of the
United States.
``(B)(i) The term `person' includes--
``(I) an individual;
``(II) a partnership; and
``(III) a corporation.
``(ii) A partnership shall be treated as a person with a
seriously delinquent tax debt if such partnership has a partner
who--
``(I) holds an ownership interest of 50 percent or
more in that partnership; and
``(II) who has a seriously delinquent tax debt.
``(iii) A corporation shall be treated as a person with a
seriously delinquent tax debt if such corporation has an
officer or a shareholder who--
``(I) holds 50 percent or more, or a controlling
interest that is less than 50 percent, of the
outstanding shares of corporate stock in that
corporation; and
``(II) who has a seriously delinquent tax debt.
``(C)(i) The term `seriously delinquent tax debt' means an
outstanding debt under the Internal Revenue Code of 1986 for
which a notice of lien has been filed in public records
pursuant to section 6323 of such Code.
``(ii) Such term does not include--
``(I) a debt that is being paid in a timely manner
pursuant to an agreement under section 6159 or section
7122 of such Code; and
``(II) a debt with respect to which a collection
due process hearing under section 6330 of such Code, or
relief under subsection (a), (b), or (f) of section
6015 of such Code, is requested or pending.''.
SEC. 4. PROHIBITION ON AWARDING OF GRANTS TO DELINQUENT FEDERAL
DEBTORS.
(a) In General.--The head of any Executive agency that offers a
grant in excess of an amount equal to the simplified acquisition
threshold (as defined in section 4(11) of the Office of Federal
Procurement Policy Act (41 U.S.C. 401(11)) may not award such grant to
any person unless such person submits with the application for such
grant a form--
(1) certifying that the person does not have a seriously
delinquent tax debt; and
(2) authorizing the Secretary of the Treasury to disclose
to the head of the Executive agency information limited to
describing whether the person has a seriously delinquent tax
debt.
(b) Release of Information.--The Secretary shall make available to
all Executive agencies a standard form for the certification and
authorization described in subsection (a)(2).
(c) Revision of Regulations.--Not later than 270 days after the
date of the enactment of this section, the Director of the Office of
Management and Budget shall revise such regulations as necessary to
incorporate the requirements of this section.
(d) Definitions and Special Rules.--For purposes of this section:
(1) Person.--
(A) In general.--The term ``person'' includes--
(i) an individual;
(ii) a partnership; and
(iii) a corporation.
(B) Treatment of certain partnerships.--A
partnership shall be treated as a person with a
seriously delinquent tax debt if such partnership has a
partner who--
(i) holds an ownership interest of 50
percent or more in that partnership; and
(ii) who has a seriously delinquent tax
debt.
(C) Treatment of certain corporations.--A
corporation shall be treated as a person with a
seriously delinquent tax debt if such corporation has
an officer or a shareholder who--
(i) holds 50 percent or more, or a
controlling interest that is less than 50
percent, of the outstanding shares of corporate
stock in that corporation; and
(ii) who has a seriously delinquent tax
debt.
(2) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
(3) Seriously delinquent tax debt.--
(A) In general.--The term ``seriously delinquent
tax debt'' means an outstanding debt under the Internal
Revenue Code of 1986 for which a notice of lien has
been filed in public records pursuant to section 6323
of such Code.
(B) Exceptions.--Such term does not include--
(i) a debt that is being paid in a timely
manner pursuant to an agreement under section
6159 or section 7122 of such Code; and
(ii) a debt with respect to which a
collection due process hearing under section
6330 of such Code, or relief under subsection
(a), (b), or (f) of section 6015 of such Code,
is requested or pending. | Contracting and Tax Accountability Act of 2009 - Prohibits any person who has a seriously delinquent tax debt from obtaining a federal government contract or grant. Requires federal agency heads to require prospective recipients of a contract or grant in excess of an amount equal to the simplified acquisition threshold to: (1) certify that they do not have such a debt; and (2) authorize the Secretary of the Treasury to disclose information describing whether they have such a debt.
Defines "seriously delinquent tax debt" and an outstanding tax debt for which a notice of lien has been filed in public records. | To prohibit the awarding of a contract or grant in excess of the simplified acquisition threshold unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that the contractor or grantee has no seriously delinquent tax debts, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Native Veterans Land
Allotment Equity Act''.
SEC. 2. CLARIFICATION REGARDING OCCUPANCY OF NATIVE ALLOTMENTS IN
NATIONAL FORESTS.
Section 18(a) of the Alaska Native Claims Settlement Act (43 U.S.C.
1617(a)) is amended--
(1) by striking ``(a) No Native'' and inserting the
following:
``(a) Revocation.--
``(1) In general.--No Native'';
(2) in the second sentence, by striking ``Further, the''
and inserting the following:
``(2) Repeal.--The'';
(3) in the third sentence, by striking ``Notwithstanding
the foregoing provisions of this section, any'' and inserting
the following:
``(3) Applications for allotment.--
``(A) In general.--Notwithstanding paragraphs (1)
and (2), any''; and
(4) in paragraph (3) (as designated by paragraph (3)), by
adding at the end the following:
``(B) Certain applications approved.--Any allotment
application pending before the Department of the
Interior on December 18, 1971, that was closed by the
Department pursuant to the civil action styled `Shields
v. United States' (698 F.2d 987 (9th Cir. 1983), cert.
denied (104 S. Ct. 73 (1983))) shall be reopened and
considered to be approved pursuant to this
paragraph.''.
SEC. 3. 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.
``(B) 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 4 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.
``(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 individuals.--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
individual may apply for, and receive, an allotment under this
section, on behalf of the estate of the individual.''; and
(C) in paragraph (3), by inserting before the
period at the end the following: ``, other than an heir
who applies for, and receives, an allotment on behalf
of the estate of a deceased individual under paragraph
(2)'';
(3) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(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 December 31, 2020, 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 December 31, 2017, 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.''.
SEC. 4. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of the Interior shall promulgate final regulations to carry
out the amendments made by this Act. | Alaska Native Veterans Land Allotment Equity Act Amends the Alaska Native Claims Settlement Act (ANCSA) to declare that any allotment application pending before the Department of the Interior on December 18, 1971, that was closed by the Department pursuant to the civil action Shields v. United States shall be reopened and considered to be approved. Revises requirements for the eligibility of Alaska Native Vietnam veterans for an allotment. Extends eligibility for allotments to veterans who served between August 5, 1964, and May 7, 1975. Allows eligible persons to file for allotments of up to two parcels of federal land (as under current law) totaling up to 160 acres. Eliminates the limitation of these allotments to lands that were vacant, unappropriated, and unreserved on the date when the person eligible for the allotment first used and occupied them. Allows allotments to be selected from vacant federal lands or lands that have been selected or conveyed to the state of Alaska or a Native Corporation, if the state or Corporation voluntarily relinquishes or conveys the land to the United States for allotment. Limits the exclusions from lands that may be selected for allotments to: (1) lands in the right-of-way of the TransAlaska Pipeline; (2) the inner or outer corridor of such a right-of-way; or (3) a unit of the National Park System, a National Preserve, or a National Monument. Allows an heir of a deceased eligible veteran, regardless of the cause of death, to apply for and receive the allotment. Permits any person who made an allotment selection under ANCSA before this Act's enactment to withdraw it and reselect lands if those originally selected were not conveyed to that person before this Act's enactment. | Alaska Native Veterans Land Allotment Equity Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Veterans Exposed to Burn
Pits Act''.
SEC. 2. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION,
TREATMENT, AND REHABILITATION OF HEALTH CONDITIONS
RELATING TO EXPOSURE TO BURN PITS AND OTHER ENVIRONMENTAL
EXPOSURES.
(a) Establishment.--The Secretary of Veterans Affairs shall
establish within the Department of Veterans Affairs a center of
excellence in the prevention, diagnosis, mitigation, treatment, and
rehabilitation of health conditions relating to exposure to burn pits
and other environmental exposures to carry out the responsibilities
specified in subsection (d). Such center shall be established using--
(1) the directives, policies, and Comptroller General and
Inspector General recommendations in effect as of the date of
the enactment of this Act; and
(2) guidance issued pursuant to section 313 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-
239; 126 Stat. 1692; 10 U.S.C. 1074 note).
(b) Selection of Sites.--In selecting the site for the center of
excellence established under subsection (a), the Secretary of Veterans
Affairs shall consider entities that--
(1) are equipped with the specialized equipment needed to
study, diagnose, and treat health conditions relating to
exposure to burn pits and other environmental exposures;
(2) have a publication track record of post-deployment
health exposures among veterans who served in the Armed Forces
in support of Operation Iraqi Freedom and Operation Enduring
Freedom;
(3) have collaborated with a geosciences department that
has a medical geology division;
(4) have developed animal models and in vitro models of
dust immunology and lung injury consistent with the injuries of
members of the Armed Forces who served in support of Operation
Iraqi Freedom and Operation Enduring Freedom; and
(5) have expertise in allergy and immunology, pulmonary
diseases, and industrial and management engineering.
(c) Collaboration.--The Secretary shall ensure that the center of
excellence collaborates, to the maximum extent practicable, with the
Secretary of Defense, institutions of higher education, and other
appropriate public and private entities (including international
entities) to carry out the responsibilities specified in subsection
(d).
(d) Responsibilities.--The center of excellence shall have the
following responsibilities:
(1) To provide for the development, testing, and
dissemination within the Department of Veterans Affairs of best
practices for the treatment of health conditions relating to
exposure to burn pits and other environmental exposures.
(2) To provide guidance for the health system of the
Department of Veterans Affairs and the Department of Defense in
determining the personnel required to provide quality health
care for members of the Armed Forces and veterans with health
conditions relating to exposure to burn pits and other
environmental exposures.
(3) To establish, implement, and oversee a comprehensive
program to train health professionals of the Department of
Veterans Affairs and the Department of Defense in the treatment
of health conditions relating to exposure to burn pits and
other environmental exposures.
(4) To facilitate advancements in the study of the short-
term and long-term effects of exposure to burn pits and other
environmental exposures.
(5) To disseminate within the military medical treatment
facilities of the Department of Veterans Affairs best practices
for training health professionals with respect to health
conditions relating to exposure to burn pits and other
environmental exposures.
(6) To conduct basic science and translational research on
health conditions relating to exposure to burn pits and other
environmental exposures for the purposes of understanding the
etiology of such conditions and developing preventive
interventions and new treatments.
(7) To provide medical treatment to all veterans identified
as part of the burn pits registry established under section 201
of the Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note).
(e) Use of Burn Pits Registry Data.--In carrying out its
responsibilities under subsection (d), the center shall have access to
and make use of the data accumulated by the burn pits registry
established under section 201 of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38
U.S.C. 527 note).
(f) Definitions.--In this section:
(1) The term ``burn pit'' means an area of land located in
Afghanistan or Iraq that--
(A) is designated by the Secretary of Defense to be
used for disposing solid waste by burning in the
outdoor air; and
(B) does not contain a commercially manufactured
incinerator or other equipment specifically designed
and manufactured for the burning of solid waste.
(2) The term ``other environmental exposures'' means
exposure to environmental hazards, including burn pits, dust or
sand, hazardous materials, and waste at any site in Afghanistan
or Iraq that emits smoke containing pollutants present in the
environment or smoke from fires or explosions.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2016 through 2021. | Helping Veterans Exposed to Burn Pits Act This bill directs the Department of Veterans Affairs (VA) to establish a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits and other environmental exposures in Afghanistan or Iraq. The VA shall, in selecting the site, consider entities that: are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to such exposure; have a publication track record of post-deployment health exposures among veterans who served in support of Operation Iraqi Freedom and Operation Enduring Freedom; have collaborated with a geosciences department that has a medical geology division; have developed animal models and in vitro models of dust immunology and lung injury consistent with the injuries of members of the Armed Forces who served in support of such Operations; and have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering. The VA shall ensure that the center collaborates with the Department of Defense (DOD), institutions of higher education, and other appropriate public and private entities to: provide for dissemination within the VA of best practices for the treatment of such conditions and the training of health professionals; provide guidance for the VA and DOD health systems in determining the personnel required to provide quality health care for members of the Armed Forces and veterans with such conditions; establish, implement, and oversee a comprehensive program to train VA and DOD health professionals in the treatment of such conditions; facilitate advancements in the study of the short-term and long-term effects of such exposure; conduct basic science and translational research on such conditions for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments; and provide medical treatment to all veterans identified as part of the burn pits registry established under the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012. The center shall have access to and make use of the data accumulated by such registry. | Helping Veterans Exposed to Burn Pits Act |
SECTION 1. LOAN FORGIVENESS FOR HEAD START TEACHERS.
(a) Short Title.--This section may be cited as the ``Loan
Forgiveness for Head Start Teachers Act of 2003''.
(b) Head Start Teachers.--Section 428J of the Higher Education Act
of 1965 (20 U.S.C 1078-10) is amended--
(1) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1)(A) has been employed--
``(i) as a full-time teacher for 5 consecutive
complete school years in a school that qualifies under
section 465(a)(2)(A) for loan cancellation for Perkins
loan recipients who teach in such a school; or
``(ii) as a Head Start teacher for 5 consecutive
complete program years under the Head Start Act; and
``(B)(i) if employed as a secondary school teacher, is
teaching a subject area that is relevant to the borrower's
academic major as certified by the chief administrative officer
of the public or nonprofit private secondary school in which
the borrower is employed;
``(ii) if employed as an elementary school teacher, has
demonstrated, as certified by the chief administrative officer
of the public or nonprofit private elementary school in which
the borrower is employed, knowledge and teaching skills in
reading, writing, mathematics, and other areas of the
elementary school curriculum; and
``(iii) if employed as a Head Start teacher, has
demonstrated knowledge and teaching skills in reading, writing,
early childhood development, and other areas of a preschool
curriculum, with a focus on cognitive learning; and'';
(2) in subsection (g), by adding at the end the following:
``(3) Head start.--An individual shall be eligible for loan
forgiveness under this section for service described in clause
(ii) of subsection (b)(1)(A) only if such individual received a
baccalaureate or graduate degree on or after the date of
enactment of the Loan Forgiveness for Head Start Teachers Act
of 2003.''; and
(3) by adding at the end the following:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal year 2007 and
succeeding fiscal years to carry out loan repayment under this section
for service described in clause (ii) of subsection (b)(1)(A).''.
(c) Direct Student Loan Forgiveness.--
(1) In general.--Section 460 of the Higher Education Act of
1965 (20 U.S.C 1087j) is amended--
(A) in subsection (b)(1), by striking subparagraph
(A) and inserting the following:
``(A)(i) has been employed--
``(I) as a full-time teacher for 5
consecutive complete school years in a school
that qualifies under section 465(a)(2)(A) for
loan cancellation for Perkins loan recipients
who teach in such a school; or
``(II) as a Head Start teacher for 5
consecutive complete program years under the
Head Start Act; and
``(ii)(I) if employed as a secondary school
teacher, is teaching a subject area that is relevant to
the borrower's academic major as certified by the chief
administrative officer of the public or nonprofit
private secondary school in which the borrower is
employed;
``(II) if employed as an elementary school teacher,
has demonstrated, as certified by the chief
administrative officer of the public or nonprofit
private elementary school in which the borrower is
employed, knowledge and teaching skills in reading,
writing, mathematics, and other areas of the elementary
school curriculum; and
``(III) if employed as a Head Start teacher, has
demonstrated knowledge and teaching skills in reading,
writing, early childhood development, and other areas
of a preschool curriculum, with a focus on cognitive
learning; and'';
(B) in subsection (g), by adding at the end the
following:
``(3) Head start.--An individual shall be eligible for loan
forgiveness under this section for service described in
subclause (II) of subsection (b)(1)(A)(i) only if such
individual received a baccalaureate or graduate degree on or
after the date of enactment of the Loan Forgiveness for Head
Start Teachers Act of 2003.''; and
(C) by adding at the end the following:
``(i) Authorization of appropriations.--
There are authorized to be appropriated such
sums as may be necessary for fiscal year 2007
and succeeding fiscal years to carry out loan
repayment under this section for service
described in subclause (II) of subsection
(b)(1)(A)(i).''.
(2) Conforming amendments.--Section 460 of the Higher
Education Act of 1965 (20 U.S.C. 1087j) is amended--
(A) in subsection (c)(1), by inserting ``or fifth
complete program year'' after ``fifth complete school
year of teaching'';
(B) in subsection (f), by striking ``subsection
(b)'' and inserting ``subsection (b)(1)(A)(i)(I)'';
(C) in subsection (g)(1)(A), by striking
``subsection (b)(1)(A)'' and inserting ``subsection
(b)(1)(A)(i)(I)''; and
(D) in subsection (h), by inserting ``except as
part of the term `program year','' before ``where''.
(d) Conforming Amendments.--Section 428J of the Higher Education
Act of 1965 (20 U.S.C. 1078-10) is amended--
(1) in subsection (c)(1), by inserting ``or fifth complete
program year'' after ``fifth complete school year of
teaching'';
(2) in subsection (f), by striking ``subsection (b)'' and
inserting ``subsection (b)(1)(A)(i)'';
(3) in subsection (g)(1)(A), by striking ``subsection
(b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''; and
(4) in subsection (h), by inserting ``except as part of the
term `program year','' before ``where''. | Loan Forgiveness for Head Start Teachers Act of 2003 - Amends the Higher Education Act of 1965 to extend to certain Head Start teachers student loan forgiveness under both the Federal Family Education Loan program and the William D. Ford Federal Direct Loan program. | To amend the Higher Education Act of 1965 to extend loan forgiveness for certain loans to Head Start teachers. |
FUND.
(a) Redesignation.--Sections 10 and 11 of the Morris K. Udall
Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5608, 5609) are
redesignated as sections 12 and 13 of that Act, respectively.
(b) Environmental Dispute Resolution Fund.--The Morris K. Udall
Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.) (as amended
by subsection (a)) is amended by inserting after section 9 the
following:
``SEC. 10. ENVIRONMENTAL DISPUTE RESOLUTION FUND.
``(a) Establishment.--There is established in the Treasury of the
United States an Environmental Dispute Resolution Fund to be
administered by the Foundation. The Fund shall consist of amounts
appropriated to the Fund under section 13(b) and amounts paid into the
Fund under section 11.
``(b) Expenditures.--The Foundation shall expend from the Fund such
sums as the Board determines are necessary to establish and operate the
Institute, including such amounts as are necessary for salaries,
administration, the provision of mediation and other services, and such
other expenses as the Board determines are necessary.
``(c) Distinction From Trust Fund.--The Fund shall be maintained
separately from the Trust Fund established under section 8.
``(d) Investment of Amounts.--
``(1) In general.--The Secretary of the Treasury shall
invest such portion of the Fund as is not, in the judgment of
the Secretary, required to meet current withdrawals.
``(2) Interest-bearing obligations.--Investments may be
made only in interest-bearing obligations of the United States.
``(3) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
``(A) on original issue at the issue price; or
``(B) by purchase of outstanding obligations at the
market price.
``(4) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
``(5) 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. 7. USE OF THE INSTITUTE BY A FEDERAL AGENCY.
The Morris K. Udall Scholarship and Excellence in National
Environmental and Native American Public Policy Act of 1992 (20 U.S.C.
5601 et seq.) (as amended by section 6) is amended by inserting after
section 10 the following:
``SEC. 11. USE OF THE INSTITUTE BY A FEDERAL AGENCY.
``(a) Authorization.--A Federal agency may use the Foundation and
the Institute to provide assessment, mediation, or other related
services in connection with a dispute or conflict related to the
environment, public lands, or natural resources.
``(b) Payment.--
``(1) In general.--A Federal agency may enter into a
contract and expend funds to obtain the services of the
Institute.
``(2) Payment into environmental dispute resolution fund.--
A payment from an executive agency on a contract entered into
under paragraph (1) shall be paid into the Environmental
Dispute Resolution Fund established under section 10.
``(c) Notification and Concurrence.--
``(1) Notification.--An agency or instrumentality of the
Federal Government shall notify the chairperson of the
President's Council on Environmental Quality when using the
Foundation or the Institute to provide the services described
in subsection (a).
``(2) Notification descriptions.--A notification under
paragraph (1) shall include a written description of--
``(A) the issues and parties involved;
``(B) prior efforts, if any, undertaken by the
agency to resolve or address the issue or issues; and
``(C) other relevant information.
``(3) Concurrence.--
``(A) In general.--In a case that involves a
dispute or conflict between 2 or more agencies or
instrumentalities of the Federal Government (including
branches or divisions of a single agency or
instrumentality), an agency or instrumentality of the
Federal Government shall obtain the concurrence of the
chairperson of the President's Council on Environmental
Quality before using the Foundation or Institute to
provide the services described in subsection (a).
``(B) Indication of concurrence or
nonconcurrence.--The chairperson of the President's
Council on Environmental Quality shall indicate
concurrence or nonconcurrence under subparagraph (A)
not later than 20 days after receiving notice of the
dispute or conflict.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 13 of the Morris K. Udall Scholarship and
Excellence in National Environmental and Native American Public Policy
Act of 1992 (as redesignated by section 6(a)) is amended--
(1) by striking ``There are authorized to be appropriated
to the Fund'' and inserting the following:
``(a) Trust Fund.--There is authorized to be appropriated to the
Trust Fund''; and
(2) by adding at the end the following:
``(b) Environmental Dispute Resolution Fund.--There are authorized
to be appropriated to the Environmental Dispute Resolution Fund
established under section 10--
``(1) $4,250,000 for fiscal year 1998, of which--
``(A) $3,000,000 shall be for capitalization; and
``(B) $1,250,000 shall be for operation costs; and
``(2) $1,250,000 for each of fiscal years 1999 through 2002
for operation costs.''.
SEC. 9. CONFORMING AMENDMENTS.
(a) The second sentence of section 8(a) of the Morris K. Udall
Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5606) is amended--
(1) by striking ``fund'' and inserting ``Trust Fund''; and
(2) by striking ``section 11'' and inserting ``section
13(a)''.
(b) Sections 7(a)(6), 8(b), and 9(a) of the Morris K. Udall
Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5605(a)(6), 5606(b),
5607(a)) are each amended by striking ``Fund'' and inserting ``Trust
Fund'' each place it appears.
Passed the Senate October 9, 1997.
Attest:
GARY SISCO,
Secretary. | Environmental Policy and Conflict Resolution Act of 1997 - Amends the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to include on the Board of Trustees of the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation the chairperson of the President's Council on Environmental Quality.
Revises the purposes and authority of the Foundation to include establishment of the United States Institute for Environmental Conflict Resolution to assist the Government in implementing environmental assessment provisions of the National Environmental Policy Act of 1969.
Establishes the Environmental Dispute Resolution Fund in the Treasury for the establishment and operation of the Institute.
Establishes procedures for use by a Federal agency of the Foundation and the Institute to provide assessment, mediation, or related services in connection with a dispute or conflict related to the environment, public lands, or natural resources.
Authorizes appropriations to the Fund for capitalization and operation costs. | Environmental Policy and Conflict Resolution Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the Autocycle Safety Act.
SEC. 2. MOTOR VEHICLE SAFETY STANDARDS.
(a) Defined Term.--Section 30102(a) of title 49, United States
Code, is amended--
(1) by redesignating paragraphs (1) through (11) as
paragraphs (2) through (12), respectively; and
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) `autocycle' means a motor vehicle with 3 wheels, an
enclosed occupant compartment, and a steering wheel, which
meets applicable Federal motor vehicle safety standards, as
determined necessary by the Secretary of Transportation through
regulation.''.
(b) Applicability of Motor Vehicle Safety Standards to
Autocycles.--Chapter 301 of title 49, United States Code, is amended--
(1) in the table of sections, by striking the items
relating to sections 30113 and 30114 and inserting the
following:
``30113. Exemptions.
``30114. Autocycles.'';
(2) in section 30113, by amending the section heading to
read as follows:
``Sec. 30113. Exemptions'';
(3) by redesignating section 30114 as subsection (i) of
section 30113; and
(4) by inserting after section 30113, as amended by
paragraph (3), the following:
``Sec. 30114. Autocycles
``(a) Interim Safety Standards for Autocycles.--During the period
beginning on the date of the enactment of the Autocycle Safety Act and
ending on the effective date of the rules issued pursuant to subsection
(c), a person satisfies the requirements set forth in section 30112(a)
with regard to an autocycle if the autocycle--
``(1) complies with the motor vehicle safety standards for
passenger vehicles with gross vehicle weight ratings of less
than 10,000 pounds, as set forth in Part 571 of title 49, Code
of Federal Regulations, relating to--
``(A) seating systems (FMVSS 207);
``(B) belted occupant crash protection (FMVSS 208);
``(C) seat belt assemblies (FMVSS 209);
``(D) seat belt assembly anchorages (FMVSS 210);
``(E) child restraint systems (FMVSS 213);
``(F) roof crush resistance (FMVSS 216);
``(G) child restraint anchorage systems (FMVSS
225); and
``(H) flammability of interior materials (FMVSS
302);
``(2) meets the performance criteria relating to upper
interior impact set forth in FMVSS 201 to the extent possible
to reach the target points;
``(3) is equipped with a steering wheel air bag, 2 curtain
side impact air bags, anti-lock brakes, and electronic
stability control; and
``(4) complies with the motor vehicle safety standards for
motorcycles, as set forth in Part 571 of title 49, Code of
Federal Regulations, relating to--
``(A) brake hoses (FMVSS 106);
``(B) lamps, reflective devices, and associated
equipment (FMVSS 108);
``(C) rearview mirrors (FMVSS 111);
``(D) motor vehicle brake fluids (FMVSS 116);
``(E) new pneumatic tires (FMVSS 119);
``(F) tire selection and rims (FMVSS 120);
``(G) motorcycle brake systems (FMVSS 122);
``(H) motorcycle controls and displays (FMVSS 123);
and
``(I) glazing materials (FMVSS 205).
``(b) Applicability.--In determining which motor vehicle safety
standards are applicable to autocycles, the Secretary of Transportation
shall--
``(1) apply motorcycle safety standards to those aspects of
an autocycle's performance regulated through the motor vehicle
safety standards applicable to motorcycles; and
``(2) apply passenger car safety standards to those aspects
of an autocycle's performance regulated through motor vehicle
safety standards that are not otherwise regulated through a
motorcycle standard.
``(c) Rulemaking.--
``(1) In general.--Not later than 3 years after the date of
the enactment of the Autocycle Safety Act, the Secretary shall
issue such final rules, interpretations, and test procedures
that may be necessary to adapt passenger car safety standards
to autocycles in accordance with subsection (b)(2).
``(2) Rulemaking.--In issuing rules to preserve autocycle
safety pursuant to paragraph (1), the Secretary shall--
``(A) provide autocycle manufacturers with
appropriate lead time to comply with the safety
standards set forth in such rules; and
``(B) comply with the requirements and
considerations set forth in subsections (a) and (b) of
section 30111.''.
SEC. 3. AUTOCYCLE FUEL ECONOMY.
Section 32901(a) of title 49, United States Code, is amended--
(1) by redesignating paragraphs (3) through (19) as
paragraphs (4) through (20), respectively;
(2) by inserting after paragraph (2) the following:
``(3) `autocycle' means a passenger automobile with 3
wheels and an enclosed occupant compartment, which meets
applicable Federal motor vehicle safety standards, as
determined necessary by the Secretary of Transportation through
regulation.'';
(3) in paragraph (4), as redesignated, by inserting ``or an
autocycle'' after ``a 4-wheeled vehicle''; and
(4) in paragraph (19), as redesignated, by inserting
``(including an autocycle)'' after the ``means an automobile''. | Autocycle Safety Act This bill defines "autocycle" as a motor vehicle with three wheels, an enclosed occupant compartment, and a steering wheel, which meets applicable federal motor vehicle safety standards. Specified interim automotive and motorcycle safety standards apply to autocycles until at most three years after enactment of this Act, by which time the Secretary of Transportation shall issue appropriate final rules, interpretations, and test procedures. Automotive fuel standards also apply to autocyles. | Autocycle Safety Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Tax Transparency Act''.
SEC. 2. DISCLOSURE OF TAX RETURNS BY PRESIDENTS AND CERTAIN
PRESIDENTIAL CANDIDATES.
(a) In General.--Title I of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended--
(1) by inserting after section 102 the following:
``SEC. 102A. DISCLOSURE OF TAX RETURNS.
``(a) Definitions.--In this section--
``(1) the term `covered candidate' means an individual--
``(A) required to file a report under section
101(c); and
``(B) who is nominated by a major party as a
candidate for the office of President;
``(2) the term `covered individual' means--
``(A) a President required to file a report under
subsection (a) or (d) of section 101; and
``(B) an individual who occupies the office of the
President required to file a report under section
101(e);
``(3) the term `major party' has the meaning given the term
in section 9002 of the Internal Revenue Code of 1986; and
``(4) the term `income tax return' means, with respect to
any covered candidate or covered individual, any return (within
the meaning of section 6103(b) of the Internal Revenue Code of
1986) related to Federal income taxes, but does not include--
``(A) information returns issued to persons other
than such covered candidate or covered individual; and
``(B) declarations of estimated tax.
``(b) Disclosure.--
``(1) Covered individuals.--
``(A) In general.--In addition to the information
described in subsections (a) and (b) of section 102, a
covered individual shall include in each report
required to be filed under this title a copy of the
income tax returns of the covered individual for the 3
most recent taxable years for which a return has been
filed with the Internal Revenue Service as of the date
on which the report is filed.
``(B) Failure to disclose.--If an income tax return
is not disclosed under subparagraph (A), the Director
of the Office of Government Ethics shall submit to the
Secretary of the Treasury a request that the Secretary
of the Treasury provide the Director of the Office of
Government Ethics with a copy of the income tax return.
``(C) Publicly available.--Each income tax return
submitted under this paragraph shall be filed with the
Director of the Office of Government Ethics and made
publicly available in the same manner as the
information described in subsections (a) and (b) of
section 102.
``(D) Redaction of certain information.--Before
making any income tax return submitted under this
paragraph available to the public, the Director of the
Office of Government Ethics shall redact such
information as the Director of the Office of Government
Ethics, in consultation with the Secretary of the
Treasury (or a delegate of the Secretary), determines
appropriate.
``(2) Candidates.--
``(A) In general.--Not later than 15 days after the
date on which a covered candidate is nominated, the
covered candidate shall amend the report filed by the
covered candidate under section 101(c) with the Federal
Election Commission to include a copy of the income tax
returns of the covered candidate for the 3 most recent
taxable years for which a return has been filed with
the Internal Revenue Service.
``(B) Failure to disclose.--If an income tax return
is not disclosed under subparagraph (A) the Federal
Election Commission shall submit to the Secretary of
the Treasury a request that the Secretary of the
Treasury provide the Federal Election Commission with
the income tax return.
``(C) Publicly available.--Each income tax return
submitted under this paragraph shall be filed with the
Federal Election Commission and made publicly available
in the same manner as the information described in
section 102(b).
``(D) Redaction of certain information.--Before
making any income tax return submitted under this
paragraph available to the public, the Federal Election
Commission shall redact such information as the Federal
Election Commission, in consultation with the Secretary
of the Treasury (or a delegate of the Secretary) and
the Director of the Office of Government Ethics,
determines appropriate.
``(3) Special rule for sitting presidents.--Not later than
30 days after the date of enactment of this section, the
President shall submit to the Director of the Office of
Government Ethics a copy of the income tax returns described in
paragraph (1)(A).''; and
(2) in section 104--
(A) in subsection (a)--
(i) in paragraph (1), in the first
sentence, by inserting ``or any individual who
knowingly and willfully falsifies or who
knowingly and willfully fails to file an income
tax return that such individual is required to
disclose pursuant to section 102A'' before the
period; and
(ii) in paragraph (2)(A)--
(I) in clause (i), by inserting
``or falsify any income tax return that
such person is required to disclose
under section 102A'' before the
semicolon; and
(II) in clause (ii), by inserting
``or fail to file any income tax return
that such person is required to
disclose under section 102A'' before
the period;
(B) in subsection (b), in the first sentence by
inserting ``or willfully failed to file or has
willfully falsified an income tax return required to be
disclosed under section 102A'' before the period;
(C) in subsection (c), by inserting ``or failing to
file or falsifying an income tax return required to be
disclosed under section 102A'' before the period; and
(D) in subsection (d)(1)--
(i) in the matter preceding subparagraph
(A), by inserting ``or files an income tax
return required to be disclosed under section
102A'' after ``title''; and
(ii) in subparagraph (A), by inserting ``or
such income tax return, as applicable,'' after
``report''.
(b) Authority To Disclose Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(23) Disclosure of return information of presidents and
certain presidential candidates.--
``(A) Disclosure of returns of presidents.--
``(i) In general.--The Secretary shall,
upon written request from the Director of the
Office of Government Ethics pursuant to section
102A(b)(1)(B) of the Ethics in Government Act
of 1978, provide to officers and employees of
the Office of Government Ethics a copy of any
income tax return of the President which is
required to be filed under section 102A of such
Act.
``(ii) Disclosure to public.--The Director
of the Office of Government Ethics may disclose
to the public the income tax return of any
President which is required to be filed with
the Director pursuant to section 102A of the
Ethics in Government Act of 1978.
``(B) Disclosure of returns of certain candidates
for president.--
``(i) In general.--The Secretary shall,
upon written request from the Chairman of the
Federal Election Commission pursuant to section
102A(b)(2)(B) of the Ethics in Government Act
of 1978, provide to officers and employees of
the Federal Election Commission copies of the
applicable returns of any person who has been
nominated as a candidate of a major party (as
defined in section 9002(a)) for the office of
President.
``(ii) Disclosure to public.--The Federal
Election Commission may disclose to the public
applicable returns of any person who has been
nominated as a candidate of a major party (as
defined in section 9002(6)) for the office of
President and which is required to be filed
with the Commission pursuant to section 102A of
the Ethics in Government Act.
``(C) Applicable returns.--For purposes of this
paragraph, the term `applicable returns' means, with
respect to any candidate for the office of President,
income tax returns for the 3 most recent taxable years
for which a return has been filed as of the date of the
nomination.''.
(2) Conforming amendments.--Section 6103(p)(4) of such
Code, in the matter preceding subparagraph (A) and in
subparagraph (F)(ii), is amended by striking ``or (22)'' and
inserting ``(22), or (23)'' each place it appears. | Presidential Tax Transparency Act This bill amends the Ethics in Government Act of 1978 to require the President and certain candidates for President to disclose federal income tax returns for the three most recent taxable years in reports filed with either the Office of Government Ethics (OGE) or the Federal Election Commission (FEC), in the case of a candidate. The OGE or the FEC must make the disclosed tax returns publicly available after making appropriate redactions. If the income tax returns are not disclosed as required by this bill, the OGE or the FEC must request the returns from the Internal Revenue Service (IRS). The bill amends the Internal Revenue Code to require the IRS, upon receiving a written request from the FEC or the OGE, to provide any income tax return that is required to be disclosed under this bill. The bill also establishes civil and criminal penalties for failing to file or falsifying income tax returns that are required to be disclosed pursuant to this bill. | Presidential Tax Transparency Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adams National Historical Park Act
of 1998''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in 1946, Secretary of the Interior J.A. Krug, by means of
the authority granted the Secretary of the Interior under section 2
of the Historic Sites Act of August 21, 1935, established the Adams
Mansion National Historic Site, located in Quincy, Massachusetts;
(2) in 1952, Acting Secretary of the Interior Vernon D.
Northrup enlarged the site and renamed it the Adams National
Historic Site, using the Secretary's authority as provided in the
Historic Sites Act;
(3) in 1972, Congress, through Public Law 92-272, authorized
the Secretary of the Interior to add approximately 3.68 acres at
Adams National Historic Site;
(4) in 1978, Congress, through Public Law 95-625, authorized
the Secretary of the Interior to accept by conveyance the
birthplaces of John Adams and John Quincy Adams, both in Quincy,
Massachusetts, to be managed as part of the Adams National Historic
Site;
(5) in 1980, Congress, through Public Law 96-435, authorized
the Secretary of the Interior to accept the conveyance of the
United First Parish Church in Quincy, Massachusetts, the burial
place of John Adams, Abigail Adams, and John Quincy Adams and his
wife, to be administered as part of the Adams National Historic
Site;
(6) the actions taken by past Secretaries of the Interior and
past Congresses to preserve for the benefit, education and
inspiration of present and future generations of Americans the
home, property, birthplaces and burial site of John Adams, John
Quincy Adams, and Abigail Adams, have resulted in a multi-site unit
of the National Park System with no overarching enabling or
authorizing legislation; and
(7) that the sites and resources associated with John Adams,
second President of the United States, his wife Abigail Adams, and
John Quincy Adams, sixth President of the United States, require
recognition as a national historical park in the National Park
System.
(b) Purpose.--The purpose of this Act is to establish the Adams
National Historical Park in the City of Quincy, in the Commonwealth of
Massachusetts, to preserve, maintain and interpret the home, property,
birthplaces, and burial site of John Adams and his wife Abigail, John
Quincy Adams, and subsequent generations of the Adams family associated
with the Adams property in Quincy, Massachusetts, for the benefit,
education and inspiration of present and future generations of
Americans.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Historical park.--The term ``historical park'' means the
Adams National Historical Park established in section 4.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 4. ADAMS NATIONAL HISTORICAL PARK.
(a) Establishment.--In order to preserve for the benefit and
inspiration of the people of the United States as a national historical
park certain properties in Quincy, Massachusetts, associated with John
Adams, second President of the United States, his wife, Abigail Adams,
John Quincy Adams, sixth President of the United States, and his wife,
Louisa Adams, there is established the Adams National Historical Park
as a unit of the National Park System.
(b) Boundaries.--The historical park shall be comprised of the
following:
(1) All property administered by the National Park Service in
the Adams National Historic Site as of the date of enactment of
this Act, as well as all property previously authorized to be
acquired by the Secretary for inclusion in the Adams National
Historic Site, as generally depicted on the map entitled ``Adams
National Historical Park'', numbered NERO 386/80,000, and dated
April 1998.
(2) All property authorized to be acquired for inclusion in the
historical park by this Act or other law enacted after the date of
the enactment of this Act.
(c) Visitor and Administrative Sites.--To preserve the historical
character and landscape of the main features of the historical park,
the Secretary may acquire up to 10 acres for the development of
visitor, administrative, museum, curatorial, and maintenance facilities
adjacent to or in the general proximity of the property depicted on the
map identified in subsection (b)(1)(A).
(d) Map.--The map of the historical park shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
SEC. 5. ADMINISTRATION.
(a) In General.--The park shall be administered by the Secretary in
accordance with this section and the provisions of law generally
applicable to units of the National Park System, including the Act
entitled ``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3,
and 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-
467), as amended.
(b) Cooperative Agreements.--(1) The Secretary may consult and
enter into cooperative agreements with interested entities and
individuals to provide for the preservation, development,
interpretation, and use of the park.
(2) Any payment made by the Secretary pursuant to a cooperative
agreement under this paragraph shall be subject to an agreement that
conversion, use, or disposal of the project so assisted for purposes
contrary to the purposes of this Act, as determined by the Secretary,
shall result in a right of the United States to reimbursement of all
funds made available to such a project or the proportion of the
increased value of the project attributable to such funds as determined
at the time of such conversion, use, or disposal, whichever is greater.
(c) Acquisition of Real Property.--For the purposes of the park,
the Secretary is authorized to acquire real property with appropriated
or donated funds, by donation, or by exchange, within the boundaries of
the park.
(d) Repeal of Superceded Administrative Authorities.--
(1) Section 312 of the National Parks and Recreation Act of
1978 (Public Law 95-625; 92 Stat. 3479) is amended by striking
``(a)'' after ``SEC. 312''; and strike subsection (b) in its
entirety.
(2) The first section of Public Law 96-435 (94 Stat. 1861) is
amended by striking ``(a)'' after ``That''; and strike subsection
(b) in its entirety.
(e) References to the Historic Site.--Any reference in any law
(other than this Act), regulation, document, record, map, or other
paper of the United States to the Adams National Historic Site shall be
considered to be a reference to the historical park.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Adams National Historical Park Act of 1998 - Establishes the Adams National Historical Park in Quincy, Massachusetts, as a unit of the National Park System.
Authorizes appropriations. | Adams National Historical Park Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Literacy, Education, and
Rehabilitation Act''.
SEC. 2. CREDIT FOR PARTICIPATION IN EDUCATIONAL, VOCATIONAL, TREATMENT,
ASSIGNED WORK, OR OTHER DEVELOPMENTAL PROGRAMS.
(a) In General.--Section 3624 of title 18, United States Code, is
amended--
(1) by redesignating subsections (c), (d), (e), and (f), as
subsections (d), (e), (f), and (g); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Credit Toward Service of Sentence for Satisfactory
Participation in a Designated Program.--
``(1) In general.--Subject to paragraphs (2) and (3), a
prisoner serving a term of imprisonment of more than 1 year may
receive credit toward the service of the prisoner's sentence,
in addition to any credit received under subsection (b), beyond
the time already served, of up to 60 days at the end of each
year of the prisoner's term of imprisonment, beginning at the
end of the first year of such term. Credit that has not been
earned may not later be granted. Credit for the last year or
portion of a year of the term of imprisonment shall be prorated
and credited within the last 6 weeks of the sentence.
``(2) Satisfactory participation in designated program.--A
prisoner shall be awarded credit under paragraph (1) if the
Director of the Bureau of Prisons determines that the prisoner
has earned, or is making satisfactory progress toward earning,
a certificate of completion in a designated program, has
satisfactorily participated in a designated program, or has
taught or conducted a designated program.
``(3) Number of days of credit awarded.--
``(A) In general.--The Director of the Bureau of
Prisons shall determine and establish a policy setting
forth the rate of the number of days of credit which a
prisoner may be awarded under this subsection with
respect to any designated program.
``(B) Specific considerations.--In determining the
number of days of credit a prisoner may be awarded with
respect to a designated program, the Director of the
Bureau of Prisons shall consider--
``(i) the level of difficulty of the
program;
``(ii) the time required by the program;
``(iii) the level of responsibility
expected of the prisoner with respect to the
program;
``(iv) the rehabilitative benefits the
program provides the prisoner; and
``(v) the benefits the program provides the
Bureau of Prisons.
``(C) Availability to prisoners.--The Director of
the Bureau of Prisons shall make the policy applicable
to credit awarded under this subsection available for
each prisoner to review prior to that prisoner's
participation in any designated program.
``(4) Eligibility.--Any person sentenced to a term of
imprisonment under custody of the Attorney General, whether
sentenced or convicted prior to or after November 1, 1987,
shall be eligible for the credits described in this subsection.
``(5) Designated program.--The term `designated program'
means a program which has been designated by the Director of
the Bureau of Prisons as a program which benefits either
prisoners or the Bureau of Prisons, including--
``(A) educational and vocational programs, such as
courses and programs through which a prisoner may earn
a high school diploma or an equivalent degree or
certification through an accredited vocational training
program, college, or university;
``(B) treatment programs, such as interventional
rehabilitation programs, including mental health and
drug abuse programs; and
``(C) assigned work and developmental programs.''.
(b) Prisoners Transferred From Foreign Countries to the Custody of
the Attorney General.--
(1) In general.--The second sentence of section 4105(c)(1)
of title 18, United States Code, is amended by inserting ``and
for participation in designated programs under section
3624(c)'' after ``satisfactory behavior''.
(2) Conforming amendments.--Section 4105(c) of title 18,
United States Code, is amended--
(A) by striking ``at the rate provided in section
3624(b)'' each place it appears and inserting ``at the
rates provided in sections 3624(b) and (c)''; and
(B) in paragraph (3), by striking ``section
3624(b)'' and inserting ``sections 3624(b) and (c)''.
(c) Conforming Amendments.--
(1) Title 18.--Section 3603(6) of title 18, United States
Code, is amended by striking ``3624(c)'' and inserting
``3624(d)''.
(2) Title 28.--Section 994(a)(2)(F) of title 28, United
States Code, is amended by striking ``3624(c)'' and inserting
``3624(d)''.
SEC. 3. AMOUNT OF PRISON TERM THAT MUST BE SERVED UNDER CONDITIONS THAT
WILL PREPARE PRISONER FOR RELEASE.
The first sentence of section 3624(d) of title 18, United States
Code, as redesignated by section 2(a)(1), is amended by striking ``10
per centum'' and inserting ``portion''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect upon
the expiration of the 90-day period beginning on the date of the
enactment of this Act. | Literacy, Education, and Rehabilitation Act - Amends the federal criminal code to allow a prisoner serving a term of imprisonment of more than one year to receive credit beyond time already served for up to 60 days each year, in addition to any credit received for satisfactory behavior, for earning a certificate of completion in, or for participating in or teaching, a designated program that benefits prisoners or the Bureau of Prisons, including specified educational and vocational, treatment, and work and developmental programs.
Requires the Director of the Bureau of Prisons to establish the number of days of credit a prisoner may be awarded considering the difficulty, time required, responsibility expected, and rehabilitative benefits of the program.
Makes any person sentenced to a term of imprisonment under the Attorney General's custody eligible for the credits, including prisoners transferred from foreign countries.
Directs the Bureau of Prisons to assure that a prisoner serves a reasonable part of the last portion (currently, the last ten percent) of the term of imprisonment under conditions that will afford the prisoner a reasonable opportunity to prepare for reentry into the community. | To amend title 18, United States Code, to award credit toward the service of a sentence to prisoners who participate in designated educational, vocational, treatment, assigned work, or other developmental programs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physician Workforce Enhancement Act
of 2008''.
SEC. 2. HOSPITAL RESIDENCY LOAN PROGRAM.
Subpart 2 of part E of title VII of the Public Health Service Act
is amended by adding at the end the following new section:
``SEC. 771. HOSPITAL RESIDENCY LOAN PROGRAM.
``(a) Establishment.--Not later than October 1, 2010, the
Secretary, acting through the Administrator of the Health Resources and
Services Administration, shall establish a hospital residency loan
program that provides loans to eligible hospitals to establish a
residency training program.
``(b) Application.--No loan may be provided under this section to
an eligible hospital except pursuant to an application that is
submitted and approved in a time, manner, and form specified by the
Administrator of the Health Resources and Services Administration. A
loan under this section shall be on such terms and conditions and meet
such requirements as the Administrator determines appropriate, in
accordance with the provisions of this section.
``(c) Eligibility; Preference for Rural Areas.--
``(1) Eligible hospital defined.--For purposes of this
section, an `eligible hospital' means, with respect to a loan
under this section, a public or non-profit hospital that, as of
the date of the submission of an application under subsection
(b), meets, to the satisfaction of the Administrator of the
Health Resources and Services Administration, each of the
following criteria:
``(A) The hospital does not operate a residency
training program and has not previously operated such a
program.
``(B) The hospital has secured initial
accreditation by the American Council for Graduate
Medical Education or the American Osteopathic
Association.
``(C) The hospital provides assurances to the
satisfaction of the Administrator of the Health
Resources and Services Administration that such loan
shall be used, consistent with subsection (d), only for
the purposes of establishing and conducting an
allopathic or osteopathic physician residency training
program in at least one of the following, or a
combination of the following:
``(i) Family medicine.
``(ii) Internal medicine.
``(iii) Obstetrics or gynecology.
``(iv) Behavioral or Mental health.
``(v) Pediatrics.
``(D) The hospital enters into an agreement with
the Administrator that certifies the hospital will
provide for the repayment of the loan in accordance
with subsection (e).
``(2) Preference for rural areas.--In making loans under
this section, the Administrator of the Health Resources and
Services Administration shall create guidelines that give
preference to rural areas (as such term is defined in section
1886(d)(2)(D) of the Social Security Act).
``(d) Permissible Uses of Loan Funds.--A loan provided under this
section shall be used, with respect to a residency training program,
only for costs directly attributable to the residency training program,
except as otherwise provided by the Administrator of the Health
Resources and Services Administration.
``(e) Repayment of Loans.--
``(1) Repayment plans.--For purposes of subsection
(c)(1)(D), a repayment plan for an eligible hospital is in
accordance with this subsection if it provides for the
repayment of the loan amount in installments, in accordance
with a schedule that is agreed to by the Administrator of the
Health Resources and Services Administration and the hospital
and that is in accordance with paragraphs (2), (3), and (4).
``(2) Commencement of repayment.--Repayment by an eligible
hospital of a loan under this section shall commence not later
than the date that is 18 months after the date on which the
loan amount is disbursed to such hospital.
``(3) Repayment period.--A loan made under this section
shall be fully repaid not later than the date that is 24 months
after the date on which the repayment is required to commence.
``(4) Loan payable in full if residency training program
canceled.--In the case that an eligible hospital borrows a loan
under this section, with respect to a residency training
program, and terminates such program before the date on which
such loan has been fully repaid in accordance with a plan under
paragraph (1), such loan shall be payable by the hospital not
later than 45 days after the date of such termination.
``(f) No Interest Charged.--The Administrator of the Health
Resources and Services Administration may not charge or collect
interest on any loan made under this section.
``(g) Limitation on Total Amount of Loan.--The cumulative annual
dollar amount of a loan made to an eligible hospital under this section
may not exceed $250,000.
``(h) Penalties.--The Administrator of the Health Resources and
Services Administration shall establish penalties to which an eligible
hospital receiving a loan under this section would be subject if such
hospital is in violation of any of the criteria described in subsection
(c)(1). Such penalties shall include the charge or collection of
interest, at a rate to be determined by the Administrator of the Health
Resources and Services Administration. Except as otherwise provided,
penalties collected under this subsection shall be paid to the
Administrator of the Health Resources and Services Administration and
shall, subject to appropriation Acts, be available until expended for
the purpose of enforcing the provisions of this section.
``(i) Reports.--Not later than January 1, 2012, and annually
thereafter (before January 2, 2014), the Administrator of the Health
Resources and Services Administration shall submit to Congress a report
on the efficacy of the program under this section in increasing the
number of residents practicing in each medical specialty described in
subsection (c)(1)(C) during such year and the extent to which the
program resulted in an increase in the number of available
practitioners in each of such medical specialties that serve medically
underserved populations.
``(j) Funding.--
``(1) Authorization of appropriations.--For the purpose of
providing amounts for loans under this section, there are
authorized to be appropriated such sums as may be necessary to
provide--
``(A) $8,000,000 in loans for fiscal year 2010;
``(B) $8,400,000 in loans for fiscal year 2011;
``(C) $8,820,000 in loans for fiscal year 2012;
``(D) $9,261,000 in loans for fiscal year 2013; and
``(E) $9,724,050 in loans for fiscal year 2014.
``(2) Availability.--Amounts appropriated under paragraph
(1) shall remain available until expended.
``(k) Termination of Program.--No loan may be made under this
section after December 31, 2013.''.
Passed the House of Representatives September 23, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Physician Workforce Enhancement Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to establish a hospital residency loan program that provides loans to eligible public or nonprofit hospitals to establish a residency training program. Requires that such program be an allopathic or osteopathic physician residency training program in the fields of family medicine, internal medicine, obstetrics or gynecology, behavioral or mental health, or pediatrics. Requires the Administrator to give preference to hospitals in a rural area.
Sets forth terms for repayment of loans under this Act. Prohibits the Administrator from charging or collecting interest on such loans.
Requires the Administrator to establish penalties for hospitals that violate provisions of this Act.
Sets forth reporting requirements.
Authorizes appropriations for FY2010-2014.
Prohibits any loan from being made under this Act after December 31, 2013. | To amend title VII of the Public Health Service Act to establish a loan program for eligible hospitals to establish residency training programs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Children From Internet
Pornographers Act of 2011''.
SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY.
(a) Offense.--Chapter 95 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1960A. Financial facilitation of access to child pornography
``(a) Offense.--Whoever knowingly conducts, or attempts or
conspires to conduct, a financial transaction (as defined in section
1956(c)) in or affecting interstate or foreign commerce, knowing that
such transaction will facilitate access to, or the possession of, child
pornography (as defined in section 2256) shall be fined under this
title or imprisoned not more than 20 years, or both.
``(b) Applicability of Section.--This section shall not apply to a
financial transaction conducted by a person in cooperation with, or
with the consent of, any Federal, State, or local law enforcement
agency.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 95 of title 18, United States Code, is amended by adding at the
end the following new item:
``1960A. Financial facilitation of access to child pornography.''.
SEC. 3. MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is amended--
(1) by inserting ``1466A (relating to obscene visual
representation of the abuse of children),'' before ``section
1708'';
(2) by inserting ``1960A (relating to financial
facilitation of access to child pornography),'' before
``section 2113''; and
(3) by inserting ``2260A (relating to increased penalties
for registered sex offenders),'' before ``section 2280''.
SEC. 4. RETENTION OF CERTAIN RECORDS BY ELECTRONIC COMMUNICATION
SERVICE PROVIDERS.
(a) In General.--Section 2703 of title 18, United States Code, is
amended by adding at the end the following:
``(h) Retention of Certain Records.--A provider of an electronic
communication service or remote computing service shall retain for a
period of at least 18 months a log of the temporarily assigned network
addresses that the service provider assigns to each subscriber account,
unless that address is transmitted by radio communication (as defined
in section 3 of the Communications Act of 1934).''.
(b) Sense of Congress.--It is the sense of Congress that records
retained pursuant to section 2703(h) of title 18, United States Code,
should be stored securely to protect customer privacy and prevent
against breaches of the records.
SEC. 5. NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING INFORMATION
UNDER THIS CHAPTER.
Section 2703(e) of title 18, United States Code, is amended by
inserting ``retaining records or'' after ``other specified persons
for''.
SEC. 6. GOOD FAITH RELIANCE ON REQUIREMENT.
Section 2707(e)(1) of title 18, United States Code, is amended by
inserting ``, or the requirement to retain records under section
2703(h),'' after ``section 2703(f)''.
SEC. 7. SUBPOENA AUTHORITY.
Section 566(e)(1) of title 28, United States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) issue administrative subpoenas in accordance with
section 3486 of title 18, solely for the purpose of
investigating unregistered sex offenders (as defined in such
section 3486).''.
SEC. 8. PROTECTION OF CHILD WITNESSES.
Section 1514 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``or its own motion,''
after ``attorney for the Government,''; and
(ii) by inserting ``or investigation''
after ``Federal criminal case'' each place it
appears;
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (4), and (5), respectively;
(C) by inserting after paragraph (1) the following:
``(2) In the case of a minor witness or victim, the court shall
issue a protective order prohibiting harassment or intimidation of the
minor victim or witness if the court finds evidence that the conduct at
issue is reasonably likely to adversely affect the willingness of the
minor witness or victim to testify or otherwise participate in the
Federal criminal case or investigation. Any hearing regarding a
protective order under this paragraph shall be conducted in accordance
with paragraphs (1) and (3), except that the court may issue an ex
parte emergency protective order in advance of a hearing if exigent
circumstances are present. If such an ex parte order is applied for or
issued, the court shall hold a hearing not later than 14 days after the
date such order was applied for or is issued.'';
(D) in paragraph (4), as so redesignated, by
striking ``(and not by reference to the complaint or
other document)''; and
(E) in paragraph (5), as so redesignated, in the
second sentence, by inserting before the period at the
end the following: ``, except that in the case of a
minor victim or witness, the court may order that such
protective order expires on the later of 3 years after
the date of issuance or the date of the eighteenth
birthday of that minor victim or witness''; and
(2) by striking subsection (c) and inserting the following:
``(c) Whoever knowingly and intentionally violates or attempts to
violate an order issued under this section shall be fined under this
title, imprisoned not more than 5 years, or both.
``(d)(1) As used in this section--
``(A) the term `course of conduct' means a series of acts
over a period of time, however short, indicating a continuity
of purpose;
``(B) the term `harassment' means a serious act or course
of conduct directed at a specific person that--
``(i) causes substantial emotional distress in such
person; and
``(ii) serves no legitimate purpose;
``(C) the term `immediate family member' has the meaning
given that term in section 115 and includes grandchildren;
``(D) the term `intimidation' means a serious act or course
of conduct directed at a specific person that--
``(i) causes fear or apprehension in such person;
and
``(ii) serves no legitimate purpose;
``(E) the term `restricted personal information' has the
meaning give that term in section 119;
``(F) the term `serious act' means a single act of
threatening, retaliatory, harassing, or violent conduct that is
reasonably likely to influence the willingness of a victim or
witness to testify or participate in a Federal criminal case or
investigation; and
``(G) the term `specific person' means a victim or witness
in a Federal criminal case or investigation, and includes an
immediate family member of such a victim or witness.
``(2) For purposes of subparagraphs (B)(ii) and (D)(ii) of
paragraph (1), a court shall presume, subject to rebuttal by the
person, that the distribution or publication using the Internet of a
photograph of, or restricted personal information regarding, a specific
person serves no legitimate purpose, unless that use is authorized by
that specific person, is for news reporting purposes, is designed to
locate that specific person (who has been reported to law enforcement
as a missing person), or is part of a government-authorized effort to
locate a fugitive or person of interest in a criminal, antiterrorism,
or national security investigation.''.
SEC. 9. SENTENCING GUIDELINES.
Pursuant to its authority under section 994 of title 28, United
States Code, and in accordance with this section, the United States
Sentencing Commission shall review and amend the Federal sentencing
guidelines and policy statements to ensure--
(1) that the guidelines provide an additional penalty
increase of up to 8 offense levels, if appropriate, above the
sentence otherwise applicable in Part J of the Guidelines
Manual if the defendant was convicted of a violation of section
1591 of title 18, United States Code, or chapters 109A, 109B,
110 or 117 of title 18, United States Code; and
(2) if the offense described in paragraph (1) involved
causing or threatening to cause physical injury to a person
under 18 years of age, in order to obstruct the administration
of justice, an additional penalty increase of up to 12 levels,
if appropriate, above the sentence otherwise applicable in Part
J of the Guidelines Manual.
SEC. 10. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY.
(a) Certain Activities Relating to Material Involving the Sexual
Exploitation of Minors.--Section 2252(b)(2) of title 18, United States
Code, is amended by inserting after ``but if'' the following: ``any
visual depiction involved in the offense involved a prepubescent minor
or a minor who had not attained 12 years of age, such person shall be
fined under this title and imprisoned for not more than 20 years, or
if''.
(b) Certain Activities Relating to Material Constituting or
Containing Child Pornography.--Section 2252A(b)(2) of title 18, United
States Code, is amended by inserting after ``but, if'' the following:
``any image of child pornography involved in the offense involved a
prepubescent minor or a minor who had not attained 12 years of age,
such person shall be fined under this title and imprisoned for not more
than 20 years, or if''.
SEC. 11. ADMINISTRATIVE SUBPOENAS.
(a) In General.--Section 3486(a)(1) of title 18, United States
Code, is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``or'' at the end;
(B) by redesignating clause (ii) as clause (iii);
and
(C) by inserting after clause (i) the following:
``(ii) an unregistered sex offender conducted by the United
States Marshals Service, the Director of the United States
Marshals Service; or''; and
(2) in subparagraph (D)--
(A) by striking ``paragraph, the term'' and
inserting the following: ``paragraph--
``(i) the term'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(ii) the term `sex offender' means an individual required
to register under the Sex Offender Registration and
Notification Act (42 U.S.C. 16901 et seq.).''.
(b) Technical and Conforming Amendments.--Section 3486(a) of title
18, United States Code, is amended--
(1) in paragraph (6)(A), by striking ``United State'' and
inserting ``United States'';
(2) in paragraph (9), by striking ``(1)(A)(ii)'' and
inserting ``(1)(A)(iii)''; and
(3) in paragraph (10), by striking ``paragraph (1)(A)(ii)''
and inserting ``paragraph (1)(A)(iii)''. | Protecting Children From Internet Pornographers Act of 2011 - Amends the federal criminal code to prohibit knowingly conducting in interstate or foreign commerce a financial transaction that will facilitate access to, or the possession of, child pornography. Exempts a financial transaction conducted by a person in cooperation with, or with the consent of, a law enforcement agency.
Adds as predicate offenses to the money laundering statute provisions regarding: (1) such financial facilitation of access to child pornography, (2) obscene visual representation of the abuse of children, and (3) a felony by a registered sex offender involving a minor.
Requires a provider of an electronic communication service or remote computing service to retain for at least 18 months a log of the temporarily assigned network addresses the service assigns to each subscriber account unless that address is transmitted by radio communication. Bars any cause of action against a provider for retaining records as required. Makes a good faith reliance on the requirement to retain records a complete defense to a civil action. Expresses the sense of Congress that such records should be stored securely to protect customer privacy and prevent breaches of the records.
Allows the issuance of an administrative subpoena for the investigation of unregistered sex offenders by the United States Marshals Service.
Requires a U.S. district court to issue a protective order prohibiting harassment or intimidation of a minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in a federal criminal case or investigation.
Directs the United States Sentencing Commission to review and amend the federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for sex trafficking of children and other child abuse crimes.
Imposes a fine and/or prison term of up to 20 years for the possession of pornographic images of a child under the age of 12. | A bill to amend title 18, United States Code, with respect to child pornography and child exploitation offenses. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Health Care Accessibility Act
of 2010''.
SEC. 2. LIABILITY PROTECTIONS FOR HEALTH PROFESSIONAL VOLUNTEERS AT
COMMUNITY HEALTH CENTERS.
Section 224 of the Public Health Service Act (42 U.S.C. 233) is
amended by adding at the end the following:
``(q)(1) For purposes of this section, a health professional
volunteer at an entity described in subsection (g)(4) shall, in
providing a health professional service eligible for funding under
section 330 to an individual, be deemed to be an employee of the Public
Health Service for a calendar year that begins during a fiscal year for
which a transfer was made under paragraph (4)(C). The preceding
sentence is subject to the provisions of this subsection.
``(2) In providing a health service to an individual, a health care
practitioner shall for purposes of this subsection be considered to be
a health professional volunteer at an entity described in subsection
(g)(4) if the following conditions are met:
``(A) The service is provided to the individual at the
facilities of an entity described in subsection (g)(4), or
through offsite programs or events carried out by the entity.
``(B) The entity is sponsoring the health care practitioner
pursuant to paragraph (3)(B).
``(C) The health care practitioner does not receive any
compensation for the service from the individual or from any
third-party payer (including reimbursement under any insurance
policy or health plan, or under any Federal or State health
benefits program), except that the health care practitioner may
receive repayment from the entity described in subsection
(g)(4) for reasonable expenses incurred by the health care
practitioner in the provision of the service to the individual.
``(D) Before the service is provided, the health care
practitioner or the entity described in subsection (g)(4) posts
a clear and conspicuous notice at the site where the service is
provided of the extent to which the legal liability of the
health care practitioner is limited pursuant to this
subsection.
``(E) At the time the service is provided, the health care
practitioner is licensed or certified in accordance with
applicable law regarding the provision of the service.
``(3) Subsection (g) (other than paragraphs (3) and (5)) and
subsections (h), (i), and (l) apply to a health care practitioner for
purposes of this subsection to the same extent and in the same manner
as such subsections apply to an officer, governing board member,
employee, or contractor of an entity described in subsection (g)(4),
subject to paragraph (4) and subject to the following:
``(A) The first sentence of paragraph (1) applies in lieu
of the first sentence of subsection (g)(1)(A).
``(B) With respect to an entity described in subsection
(g)(4), a health care practitioner is not a health professional
volunteer at such entity unless the entity sponsors the health
care practitioner. For purposes of this subsection, the entity
shall be considered to be sponsoring the health care
practitioner if--
``(i) with respect to the health care practitioner,
the entity submits to the Secretary an application
meeting the requirements of subsection (g)(1)(D); and
``(ii) the Secretary, pursuant to subsection
(g)(1)(E), determines that the health care practitioner
is deemed to be an employee of the Public Health
Service.
``(C) In the case of a health care practitioner who is
determined by the Secretary pursuant to subsection (g)(1)(E) to
be a health professional volunteer at such entity, this
subsection applies to the health care practitioner (with
respect to services performed on behalf of the entity
sponsoring the health care practitioner pursuant to
subparagraph (B)) for any cause of action arising from an act
or omission of the health care practitioner occurring on or
after the date on which the Secretary makes such determination.
``(D) Subsection (g)(1)(F) applies to a health care
practitioner for purposes of this subsection only to the extent
that, in providing health services to an individual, each of
the conditions specified in paragraph (2) is met.
``(4)(A) Amounts in the fund established under subsection (k)(2)
shall be available for transfer under subparagraph (C) for purposes of
carrying out this subsection.
``(B) Not later May 1 of each fiscal year, the Attorney General, in
consultation with the Secretary, shall submit to the Congress a report
providing an estimate of the amount of claims (together with related
fees and expenses of witnesses) that, by reason of the acts or
omissions of health professional volunteers, will be paid pursuant to
this section during the calendar year that begins in the following
fiscal year. Subsection (k)(1)(B) applies to the estimate under the
preceding sentence regarding health professional volunteers to the same
extent and in the same manner as such subsection applies to the
estimate under such subsection regarding officers, governing board
members, employees, and contractors of entities described in subsection
(g)(4).
``(C) Not later than December 31 of each fiscal year, the Secretary
shall transfer from the fund under subsection (k)(2) to the appropriate
accounts in the Treasury an amount equal to the estimate made under
subparagraph (B) for the calendar year beginning in such fiscal year,
subject to the extent of amounts in the fund.
``(5)(A) This subsection takes effect on October 1, 2011, except as
provided in subparagraph (B).
``(B) Effective on the date of the enactment of this subsection--
``(i) the Secretary may issue regulations for carrying out
this subsection, and the Secretary may accept and consider
applications submitted pursuant to paragraph (3)(B); and
``(ii) reports under paragraph (4)(B) may be submitted to
the Congress.''.
Passed the House of Representatives September 23, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Family Health Care Accessibility Act of 2010 - Amends the Public Health Service Act to deem a health professional volunteer providing primary health care to an individual at a community health center to be an employee of the Public Health Service for purposes of any civil action that may arise from providing services to patients. Sets forth conditions for such liability protection, including: (1) the service is provided to the individual at a community health center or through offsite programs or events carried out by such center; (2) the provider is sponsored by the community health center; (3) the health care practitioner does not receive any compensation for providing the service, except repayment for reasonable expenses; (4) before the service is provided, the health care practitioner or the center posts a clear and conspicuous notice at the site where the service is provided of the extent to which the legal liability of the health care practitioner is limited pursuant to this Act; (5) at the time the service is provided, the health care practitioner is licensed or certified in accordance with applicable law regarding the provision of the service; and (6) the Secretary of Health and Human Services (HHS) transfers funds to an account to cover costs for such coverage.
Considers an entity as sponsoring the health care practitioner if: (1) the entity submits an application to the Secretary; and (2) the Secretary determines that the health care practitioner is deemed to be an employee of the Public Health Service.
Requires the Attorney General to submit to Congress a report providing an estimate of the amount of claims (together with related fees and expenses of witnesses) that, by reason of the actions or omissions of health professional volunteers, will be paid pursuant to this Act during the calendar year that begins in the following fiscal year. Requires the Secretary to transfer such estimated amount from the claims fund to the appropriate accounts in the Treasury, subject to the extent of amounts in the fund.
Makes this Act effective on October 1, 2011, except permits upon its enactment: (1) the Secretary to issue regulations for carrying out this Act and to accept and consider applications under this Act; and (2) the Attorney General to submit reports to Congress under this Act. | To amend the Public Health Service Act to provide liability protections for volunteer practitioners at health centers under section 330 of such Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Non-Discrimination Act of
2018''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Public school students who are lesbian, gay, bisexual
or transgender (LGBT), or are perceived to be LGBT, or who
associate with LGBT people, have been and are subjected to
pervasive discrimination, including harassment, bullying,
intimidation and violence, and have been deprived of equal
educational opportunities, in schools in every part of our
Nation.
(2) While discrimination, including harassment, bullying,
intimidation and violence, of any kind is harmful to students
and to our education system, actions that target students based
on sexual orientation or gender identity represent a distinct
and especially severe problem.
(3) Numerous social science studies demonstrate that
discrimination, including harassment, bullying, intimidation
and violence, at school has contributed to high rates of
absenteeism, dropout, adverse health consequences, and academic
underachievement among LGBT youth.
(4) When left unchecked, discrimination, including
harassment, bullying, intimidation and violence, in schools
based on sexual orientation or gender identity can lead, and
has led to, life-threatening violence and to suicide.
(5) Public school students enjoy a variety of
constitutional rights, including rights to equal protection,
privacy, and free expression, which are infringed when school
officials engage in discriminatory treatment or are indifferent
to discrimination, including harassment, bullying, intimidation
and violence, on the basis of sexual orientation or gender
identity.
(6) While Federal statutory protections expressly address
discrimination on the basis of race, color, sex, religion,
disability, and national origin, Federal civil rights statutes
do not expressly include ``sexual orientation'' or ``gender
identity''. As a result, students and parents have often had
limited legal recourse to redress for discrimination on the
basis of sexual orientation or gender identity.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that all students have access to public
education in a safe environment free from discrimination,
including harassment, bullying, intimidation and violence, on
the basis of sexual orientation or gender identity;
(2) to provide a comprehensive Federal prohibition of
discrimination in public schools based on actual or perceived
sexual orientation or gender identity;
(3) to provide meaningful and effective remedies for
discrimination in public schools based on actual or perceived
sexual orientation or gender identity;
(4) to invoke congressional powers, including but not
limited to the power to enforce the 14th Amendment to the
Constitution and to provide for the general welfare pursuant to
section 8 of article I of the Constitution and the power to
enact all laws necessary and proper for the execution of the
foregoing powers pursuant to section 8 of article I of the
Constitution, in order to prohibit discrimination in public
schools on the basis of sexual orientation or gender identity;
and
(5) to allow the Department of Education to effectively
combat discrimination based on sexual orientation or gender
identity in public schools through regulation and enforcement,
as the Department has issued regulations under and enforced
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.) and other nondiscrimination laws in a manner that
effectively addresses discrimination.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Program or activity.--The terms ``program or activity''
and ``program'' have same meanings given such terms as applied
under section 606 of the Civil Rights Act of 1964 (42 U.S.C.
2000d-4a) to the operations of public entities under paragraph
(2)(B) of such section.
(2) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, or mannerisms or other
gender-related characteristics of an individual, with or
without regard to the individual's designated sex at birth.
(3) Harassment.--The term ``harassment'' means conduct that
is sufficiently severe, persistent, or pervasive to limit a
student's ability to participate in or benefit from a public
school education program or activity, or to create a hostile or
abusive educational environment at a public school, including
acts of verbal, nonverbal, or physical aggression,
intimidation, or hostility, if such conduct is based on--
(A) a student's actual or perceived sexual
orientation or gender identity; or
(B) the actual or perceived sexual orientation or
gender identity of a person or persons with whom a
student associates or has associated.
(4) Public schools.--The term ``public schools'' means
public elementary and secondary schools, including local
educational agencies, educational service agencies, and State
educational agencies, as defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
(6) Student.--The term ``student'' means an individual who
is enrolled in a public school or who, regardless of official
enrollment status, attends classes or participates in a public
school's programs or educational activities.
SEC. 4. PROHIBITION AGAINST DISCRIMINATION; EXCEPTIONS.
(a) In General.--No student shall, on the basis of actual or
perceived sexual orientation or gender identity of such individual or
of a person with whom the student associates or has associated, be
excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity receiving
Federal financial assistance.
(b) Harassment.--For purposes of this Act, discrimination includes,
but is not limited to, harassment of a student on the basis of actual
or perceived sexual orientation or gender identity of such student or
of a person with whom the student associates or has associated.
(c) Retaliation Prohibited.--
(1) Prohibition.--No person shall be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination, retaliation, or reprisal under any program or
activity receiving Federal financial assistance based on his or
her opposition to conduct made unlawful by this Act.
(2) Definition.--For purposes of this subsection,
``opposition to conduct made unlawful by this Act'' includes,
but is not limited to--
(A) opposition to conduct reasonably believed to be
made unlawful by this Act;
(B) any formal or informal report, whether oral or
written, to any governmental entity, including public
schools and employees thereof, regarding conduct made
unlawful by this Act or reasonably believed to be made
unlawful by this Act;
(C) participation in any investigation, proceeding,
or hearing related to conduct made unlawful by this Act
or reasonably believed to be made unlawful by this Act;
and
(D) assistance or encouragement provided to any
other person in the exercise or enjoyment of any right
granted or protected by this Act,
if in the course of that expression, the person involved does
not purposefully provide information known to be false to any
public school or other governmental entity regarding a
violation, or alleged violation, of this Act.
SEC. 5. FEDERAL ADMINISTRATIVE ENFORCEMENT; REPORT TO CONGRESSIONAL
COMMITTEES.
Each Federal department and agency which is empowered to extend
Federal financial assistance to any education program or activity, by
way of grant, loan, or contract other than a contract of insurance or
guaranty, is authorized and directed to effectuate the provisions of
section 4 of this Act with respect to such program or activity by
issuing rules, regulations, or orders of general applicability which
shall be consistent with achievement of the objectives of the Act
authorizing the financial assistance in connection with which the
action is taken. No such rule, regulation, or order shall become
effective unless and until approved by the President. Compliance with
any requirement adopted pursuant to this section may be effected--
(1) by the termination of or refusal to grant or to
continue assistance under such program or activity to any
recipient as to whom there has been an express finding on the
record, after opportunity for hearing, of a failure to comply
with such requirement, but such termination or refusal shall be
limited to the particular political entity, or part thereof, or
other recipient as to whom such a finding has been made, and
shall be limited in its effect to the particular program, or
part thereof, in which such noncompliance has been so found; or
(2) by any other means authorized by law,
except that no such action shall be taken until the department or
agency concerned has advised the appropriate person or persons of the
failure to comply with the requirement and has determined that
compliance cannot be secured by voluntary means. In the case of any
action terminating, or refusing to grant or continue, assistance
because of failure to comply with a requirement imposed pursuant to
this section, the head of the Federal department or agency shall file
with the committees of the House and Senate having legislative
jurisdiction over the program or activity involved a full written
report of the circumstances and the grounds for such action. No such
action shall become effective until 30 days have elapsed after the
filing of such report.
SEC. 6. CAUSE OF ACTION.
(a) Cause of Action.--Subject to subsection (c) of this section, an
aggrieved individual may assert a violation of this Act in a judicial
proceeding. Aggrieved persons may be awarded all appropriate relief,
including but not limited to equitable relief, compensatory damages,
cost of the action, and remedial action.
(b) Rule of Construction.--This section shall not be construed to
preclude an aggrieved individual from obtaining other remedies under
any other provision of law or to require such individual to exhaust any
administrative complaint process or notice-of-claim requirement before
seeking redress under this section.
(c) Statute of Limitations.--For actions brought pursuant to this
section, the statute of limitations period shall be determined in
accordance with section 1658(a) of title 28 of the United States Code.
The tolling of any such limitations period shall be determined in
accordance with the law governing actions under section 1979 of the
Revised Statutes (42 U.S.C. 1983) in the forum State.
SEC. 7. STATE IMMUNITY.
(a) State Immunity.--A State shall not be immune under the 11th
Amendment to the Constitution of the United States from suit in Federal
court for a violation of this Act.
(b) Waiver.--A State's receipt or use of Federal financial
assistance for any program or activity of a State shall constitute a
waiver of sovereign immunity, under the 11th Amendment to the
Constitution or otherwise, to a suit brought by an aggrieved individual
for a violation of section 4 of this Act.
(c) Remedies.--In a suit against a State for a violation of this
Act, remedies (including remedies both at law and in equity) are
available for such a violation to the same extent as such remedies are
available for such a violation in the suit against any public or
private entity other than a State.
SEC. 8. ATTORNEY'S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is
amended by inserting ``the Student Nondiscrimination Act of 2018,''
after ``Religious Land Use and Institutionalized Persons Act of
2000,''.
SEC. 9. EFFECT ON OTHER LAWS.
(a) Federal and State Nondiscrimination Laws.--Nothing in this Act
shall be construed to preempt, invalidate, or limit rights, remedies,
procedures, or legal standards available to victims of discrimination
or retaliation under any other Federal law or law of a State or
political subdivision of a State, including title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or section 1979 of
the Revised Statutes (42 U.S.C. 1983). The obligations imposed by this
Act are in addition to those imposed by title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), and the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(b) Free Speech and Expression Laws and Religious Student Groups.--
Nothing in this Act shall be construed to alter legal standards
regarding, or affect the rights available to individuals or groups
under, other Federal laws that establish protections for freedom of
speech and expression, such as legal standards and rights available to
religious and other student groups under the 1st Amendment to the
Constitution and the Equal Access Act (20 U.S.C. 4071 et seq.).
SEC. 10. SEVERABILITY.
If any provision of this Act, or any application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the provision to any
other person or circumstance shall not be affected.
SEC. 11. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act and shall not apply to conduct occurring before the
effective date of this Act. | Student Non-Discrimination Act of 2018 This bill prohibits discrimination, under a federally assisted program, against public school students on the basis of their actual or perceived sexual orientation or gender identity or that of their associates. The bill authorizes federal departments and agencies to terminate the educational assistance of recipients found to be violating this prohibition. An aggrieved individual may assert a violation of this bill in a judicial proceeding and recover reasonable attorney's fees. | Student Non-Discrimination Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nazi Benefits Termination Act of
1999''.
SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS.
(a) In General.--Notwithstanding any other provision of law, an
individual who is determined under this Act to have been a participant
in Nazi persecution is not eligible for any Federal public benefit.
(b) Definitions.--In this Act:
(1) Federal public benefit.--The term ``Federal public
benefit'' shall have the meaning given such term by section
401(c)(1) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, but shall not include any benefit
described in section 401(b)(1) of such Act (and, for purposes
of applying such section 401(b)(1), the term ``alien'' shall be
considered to mean ``individual'').
(2) Participant in nazi persecution.--The term
``participant in Nazi persecution'' means an individual who--
(A) if an alien, is shown by a preponderance of the
evidence to fall within the class of persons who (if
present within the United States) would be deportable
under section 237(a)(4)(D) of the Immigration and
Nationality Act; or
(B) if a citizen, is shown by a preponderance of
the evidence--
(i) to have procured citizenship illegally
or by concealment of a material fact or willful
misrepresentation within the meaning of section
340(a) of the Immigration and Nationality Act;
and
(ii) to have participated in Nazi
persecution within the meaning of section
212(a)(3)(E) of the Immigration and Nationality
Act.
SEC. 3. DETERMINATIONS.
(a) Hearing by Immigration Judge.--If the Attorney General has
reason to believe that an individual who has applied for or is
receiving a Federal public benefit may have been a participant in Nazi
persecution (within the meaning of section 2 of this Act), the Attorney
General may provide an opportunity for a hearing on the record with
respect to the matter. The Attorney General may delegate the conduct of
the hearing to an immigration judge appointed by the Attorney General
under section 101(b)(4) of the Immigration and Nationality Act.
(b) Procedure.--
(1) Right of respondents to appear.--
(A) Citizens, permanent resident aliens, and
persons present in the united states.--At a hearing
under this section, each respondent may appear in
person if the respondent is a United States citizen, a
permanent resident alien, or present within the United
States when the proceeding under this section is
initiated.
(B) Others.--A respondent who is not a citizen, a
permanent resident alien, or present within the United
States when the proceeding under this section is
initiated may appear by video conference.
(C) Rule of interpretation.--This Act shall not be
construed to permit the return to the United States of
an individual who is inadmissible under section
212(a)(3)(E) of the Immigration and Nationality Act.
(2) Other rights of respondents.--At a hearing under this
section, each respondent may be represented by counsel at no
expense to the Federal Government, present evidence, cross-
examine witnesses, and obtain the issuance of subpoenas for the
attendance of witnesses and presentation of evidence.
(3) Rules of evidence.--Unless otherwise provided in this
Act, rules regarding the presentation of evidence in the
hearing shall apply in the same manner in which such rules
would apply in a removal proceeding before a United States
immigration judge under section 240 of the Immigration and
Nationality Act.
(c) Hearings, Findings and Conclusions, and Order.--
(1) Findings and conclusions.--Within 60 days after the end
of a hearing conducted under this section, the immigration
judge shall make findings of fact and conclusions of law with
respect to whether the respondent has been a participant in
Nazi persecution (within the meaning of section 2 of this Act).
(2) Order.--
(A) Finding that respondent has been a participant
in nazi persecution.--If the immigration judge finds,
by a preponderance of the evidence, that the respondent
has been a participant in Nazi persecution (within the
meaning of section 2 of this Act), the immigration
judge shall promptly issue an order declaring the
respondent to be ineligible for any Federal public
benefit, and prohibiting any person from providing such
a benefit, directly or indirectly, to the respondent,
and shall transmit a copy of the order to any
governmental entity or person known to be so providing
such a benefit.
(B) Finding that respondent has not been a
participant in nazi persecution.--If the immigration
judge finds that there is insufficient evidence for a
finding under subparagraph (A) that a respondent has
been a participant in Nazi persecution (within the
meaning of section 2 of this Act), the immigration
judge shall issue an order dismissing the proceeding.
(C) Effective date; limitation of liability.--
(i) Effective date.--An order issued
pursuant to subparagraph (A) shall be effective
on the date of issuance.
(ii) Limitation of liability.--
Notwithstanding clause (i), a person or entity
shall not be found to have provided a benefit
to an individual in violation of this Act until
the person or entity has received actual notice
of the issuance of an order under subparagraph
(A) with respect to the individual and has had
a reasonable opportunity to comply with the
order.
(d) Review by Attorney General; Service of Final Order.--
(1) Review by attorney general.--The Attorney General may,
in her discretion, review any finding or conclusion made, or
order issued, under subsection (c), and shall complete the
review not later than 30 days after the finding or conclusion
is so made, or order is so issued. Otherwise, the finding,
conclusion, or order shall be final.
(2) Service of final order.--The Attorney General shall
cause the findings of fact and conclusions of law made with
respect to any final order issued under this section, together
with a copy of the order, to be served on the respondent
involved.
(e) Judicial Review.--Any party aggrieved by a final order issued
under this section may obtain a review of the order by the United
States Court of Appeals for the Federal Circuit by filing a petition
for such review not later than 30 days after the final order is issued.
(f) Issue and Claim Preclusion.--In any administrative or judicial
proceeding under this Act, the ordinary rules of issue preclusion and
claim preclusion shall apply.
SEC. 4. JURISDICTION OF UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT OVER APPEALS UNDER THIS ACT.
Section 1295(a) of title 28, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (13);
(2) by striking the period at the end of paragraph (14) and
inserting ``; and''; and
(3) by adding at the end the following:
``(15) of an appeal from a final order issued under the
Nazi Benefits Termination Act of 1999.''. | Nazi Benefits Termination Act of 1999 - Denies Federal public benefits to individuals who have been participants in Nazi persecution. Authorizes the Attorney General, if an individual who has applied for or is receiving a Federal public benefit may have been such a participant, to provide an opportunity for a hearing on the record with respect to the matter. Allows the Attorney General to delegate the conduct of the hearing to an immigration judge.
Describes hearing procedures under this Act. Requires an immigration judge who finds that the respondent has been a participant in Nazi persecution to: (1) promptly issue an order declaring the respondent to be ineligible for any Federal public benefit and prohibiting any person from providing such a benefit to the respondent; and (2) transmit a copy of the order to any governmental entity or person known to be so providing such a benefit.
Authorizes the Attorney General to review any finding or conclusion made, or order issued, and to complete the review within a specified period, or the finding, conclusion, or order shall be final.
Allows any party aggrieved by a final order issued under this Act to obtain judicial review of the order by the U.S. Court of Appeals for the Federal Circuit. | Nazi Benefits Termination Act of 1999 |
SECTION 1. REVISION OF TITLE XII.
Title XII of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8501 et seq.) is amended to read as follows:
``SEC. 12001. FINDINGS.
``The Congress finds the following:
``(1) There are 52,700,000 students in 88,223 elementary
and secondary schools across the United States. The current
Federal expenditure for education infrastructure is
$12,000,000. The Federal expenditure per enrolled student for
education infrastructure is 23 cents. An appropriation of
$22,000,000,000 would result in a Federal expenditure for
education infrastructure of $417 per student per fiscal year.
``(2) The General Accounting Office in 1995 reported that
the Nation's elementary and secondary schools need
approximately $112,000,000,000 to repair or upgrade facilities.
Increased enrollments and continued building decay has raised
this need to an estimated $200,000,000,000. Local education
agencies, particularly those in central cities or those with
high minority populations, cannot obtain adequate financial
resources to complete necessary repairs or construction. These
local education agencies face an annual struggle to meet their
operating budgets.
``(3) According to a 1991 survey conducted by the American
Association of School Administrators, 74 percent of all public
school buildings need to be replaced. Almost one-third of such
buildings were built prior to World War II.
``(4) The majority of the schools in unsatisfactory
condition are concentrated in central cities and serve large
populations of poor or minority students.
``(5) In the large cities of America, numerous schools
still have polluting coal burning furnaces. Decaying buildings
threaten the health, safety, and learning opportunities of
students. A growing body of research has linked student
achievement and behavior to the physical building conditions
and overcrowding. Asthma and other respiratory illnesses exist
in above average rates in areas of coal burning pollution.
``(6) According to a study conducted by the General
Accounting Office in 1995, most schools are unprepared in
critical areas for the 21st century. Most schools do not fully
use modern technology and lack access to the information
superhighway. Schools in central cities and schools with
minority populations above 50 percent are more likely to fall
short of adequate technology elements and have a greater number
of unsatisfactory environmental conditions than other schools.
``(7) School facilities such as libraries and science
laboratories are inadequate in old buildings and have outdated
equipment. Frequently, in overcrowded schools, these same
facilities are utilized as classrooms for an expanding school
population.
``(8) Overcrowded classrooms have a dire impact on
learning. Students in overcrowded schools score lower on both
mathematics and reading exams than do students in schools with
adequate space. In addition, overcrowding in schools negatively
affects both classroom activities and instructional techniques.
Overcrowding also disrupts normal operating procedures, such as
lunch periods beginning as early as 10 a.m. and extending into
the afternoon; teachers being unable to use a single room for
an entire day; too few lockers for students, and jammed
hallways and restrooms which encourage disorder and rowdy
behavior.
``(9) School modernization for information technology is an
absolute necessity for education for a coming
CyberCivilization. The General Accounting Office has reported
that many schools are not using modern technology and many
students do not have access to facilities that can support
education into the 21st century. It is imperative that we now
view computer literacy as basic as reading, writing, and
arithmetic.
``(10) Both the national economy and national security
require an investment in school construction. Students educated
in modern, safe, and well-equipped schools will contribute to
the continued strength of the American economy and will ensure
that our Armed Forces are the best trained and best prepared in
the world. The shortage of qualified information technology
workers continues to escalate and presently many foreign
workers are being recruited to staff jobs in America. Military
manpower shortages of personnel capable of operating high tech
equipment are already acute in the Navy and increasing in other
branches of the Armed Forces.
``SEC. 12002. PURPOSE.
The purpose of this title is to provide Federal funds to enable
local educational agencies to finance the costs associated with the
construction, repair, and modernization for information technology of
school facilities within their jurisdictions.
``SEC. 12003. FEDERAL ASSISTANCE IN THE FORM OF GRANTS.
``(a) Authority and Conditions for Grants.--
``(1) In general.--To assist in the construction,
reconstruction, renovation, or modernization for information
technology of elementary and secondary schools, the Secretary
shall make grants of funds to State educational agencies for
the construction, reconstruction, or renovation, or for
modernization for information technology, of such schools.
``(2) Formula for allocation.--From the amount appropriated
under section 12006 for any fiscal year, the Secretary shall
allocate to each State an amount that bears the same ratio to
such appropriated amount as the number of school-age children
in such State bears to the total number of school-age children
in all the States. The Secretary shall determine the number of
school-age children on the basis of the most recent
satisfactory data available to the Secretary.
``(b) Conditions for Receipt of Grants.--
``(1) Applications.--In order to receive a grant under this
title, a State shall submit to the Secretary an application
containing or accompanied by such information and assurances as
the Secretary may require. Such applications shall specify the
method by which the State educational agency will allocate
funds to local educational agencies and the procedures by which
projects will be selected for funding. Such applications shall
contain assurances that such funds will only be provided if the
State educational agency finds that such constructions will be
undertaken in an economical manner, and that any such
construction, reconstruction, renovation, or modernization is
not or will not be of elaborate or extravagant design or
materials.
``(2) Priorities.--In approving projects for funding under
this title, the State educational agency shall consider--
``(A) the threat the condition of the physical
plant poses to the safety and well-being of students;
``(B) the demonstrated need for the construction,
reconstruction, renovation, or modernization as based
on the condition of the facility;
``(C) the age of the facility to be renovated or
replaced; and
``(D) the needs related to preparation for modern
technology.
``(c) Amount and Condition of Grants.--A grant to a local
educational agency may be in an amount not exceeding the total cost of
the facility construction, reconstruction, renovation, or modernization
for information technology, as determined by the State educational
agency.
``SEC. 12004. GENERAL PROVISIONS.
``The Secretary shall take such action as may be necessary to
ensure that all laborers and mechanics employed by contractors or
subcontractors on any project assisted under this part--
``(1) shall be paid wages at rates not less than those
prevailing on the same type of work on similar construction in
the immediate locality as determined by the Secretary of Labor
in accordance with the Act of March 31, 1931 (Davis-Bacon Act),
as amended; and
``(2) shall be employed not more than 40 hours in any 1
week unless the employee receives wages for the employee's
employment in excess of the hours specified in paragraph (1) at
a rate not less than one and one-half times the regular rate at
which the employee is employed;
but the Secretary may waive the application of this subsection in cases
or classes or cases where laborers or mechanics, not otherwise employed
at any time in the construction of such project, voluntarily donate
their services without full compensation for the purpose of lowering
the costs of construction and the Secretary determines that any amounts
saved thereby are full credited to the educational institution
undertaking the construction.
``SEC. 12005. DEFINITIONS.
``As used in this title:
``(1) School.--The term `school' means structures suitable
for use as classrooms, laboratories, libraries, and related
facilities, the primary purpose of which is the instruction of
elementary and secondary school students.
``(2) State.--The term State includes the several States of
the United States and the District of Columbia.
``SEC. 12006. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title,
$11,000,000,000 for fiscal year 2000 and a sum no less than this amount
for each of the 9 succeeding fiscal years.''. | Sets forth wage requirements for such projects, including Davis-Bacon Act compliance and overtime; but allows exceptions for certain workers who voluntarily donate their services without full compensation.
Authorizes appropriations. | To amend title XII of the Elementary and Secondary Education Act of 1965 to provide grants to improve the infrastructure of elementary and secondary schools. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Skills for New Jobs Act''.
SEC. 2. FEDERAL MATCHING PAYMENTS FOR STATE NEW JOBS TRAINING TAX
CREDITS.
(a) Authority To Make Payments.--Subject to subsection (h), the
Secretary of the Treasury shall, on a quarterly basis, make a payment
to each eligible community college in an amount equal to the aggregate
new job tax withholding matches for all eligible trainees with respect
to such eligible community college for such quarter.
(b) New Job Tax Withholding Match.--In the case of any quarter, the
new job tax withholding match with respect to any eligible trainee is
an amount equal to the amounts remitted as described in subsection
(d)(1)(A) during such quarter with respect to such trainee by a
participating employer.
(c) Eligible Community College.--For purposes of this section, the
term ``eligible community college'' means a public institution of
higher education, as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)--
(1) at which the majority of degrees awarded, for any
academic year, are 2-year associate's degrees that are
acceptable for full credit toward a baccalaureate degree;
(2) that is located in a State that has a State new jobs
training tax credit program in effect; and
(3) that participates in such program by having in effect a
contract that meets the requirements of subsection (d)(2).
(d) State New Jobs Training Tax Credit Program.--
(1) Programs described.--For purposes of this section, the
term ``State new jobs training tax credit program'' means a
program established by a State government that provides that,
if an eligible community college and an employer sign a
contract that meets the requirements of paragraph (2) with
respect to an eligible trainee--
(A) the State income taxes withheld by the employer
on behalf of the eligible trainee, once employed by the
employer, to the extent they do not exceed the cost of
qualified training specified in such contract, will not
be remitted to the State in payment of income taxes,
but will be remitted to the eligible community college;
(B) the amounts so remitted will be treated in the
hands of the eligible community college as payment for
education provided by such community college; and
(C) for purposes of determining the State income
tax liability of the eligible trainee, the amounts so
remitted will be treated as if they had been remitted
to the State in payment of income taxes owed by the
eligible trainee.
(2) Qualified contract.--A contract meets the requirements
of this paragraph if--
(A) the contract is between an eligible community
college located in the State that has the program
described in paragraph (1) and an employer with at
least 1 job site located in such State;
(B) the contract meets all applicable requirements
under such State program;
(C) the contract provides that--
(i) the eligible community college will
directly provide qualified training to
individuals designated by the employer or will
contract with a provider of qualified training
to provide such training to such individuals;
(ii) the eligible community college will
not charge tuition or fees to such individuals;
(iii) the employer will hire such
individuals for full-time employment at a job
site located within the State;
(iv) such individuals will be paid by the
employer a wage that is not less than the
greater of--
(I) 175 percent of the Federal
minimum wage; or
(II) the amount specified under the
State program; and
(v) as provided under the State program,
the employer will remit the State income taxes
withheld by the employer on behalf of the
individual to the community college in payment
for the training, to the extent such taxes do
not exceed the cost described in subparagraph
(D);
(D) the contract specifies the entire cost of the
qualified training (including all costs for equipment
or instructional materials) that will be provided to
each individual; and
(E) the cost and terms specified under subparagraph
(D) are reasonable by market standards.
(3) Qualified training.--For purposes of this section, the
term ``qualified training'' means education or training which,
if completed, will provide the individual with--
(A) education or skills necessary to perform the
job for which such individual will be employed;
(B) education or skills necessary to obtain a
license required under Federal, State, or local
governmental regulation for the employment of the
individual in the job for which such individual will be
employed;
(C) a certificate or credential which is required
under Federal, State, or local governmental regulation
for the employment of the individual in the job for
which such individual will be employed; or
(D) a certificate or credential aligned with
national or regionally recognized industry standards
determined appropriate by the State.
(4) Job must be new job.--
(A) In general.--A State program will not be
treated as a State new jobs training tax credit program
for purposes of this subsection unless the program
provides that, in order to be eligible to participate,
the employer must show with respect to each eligible
trainee that such eligible trainee is hired for a job
that--
(i) is a new job (which, for purposes of
this paragraph, may include a new position
within an existing job category), and not a job
of a recalled worker, a replacement job, or any
other job that existed in the employer's
business within the 1-year period preceding the
date of hire;
(ii) is not a job that existed in a
business operation or substantially similar
business operation of the employer formerly
located in another location which was closed or
substantially reduced by the employer; and
(iii) results in a net increase in
employment for the employer.
(B) Only u.s. employees taken into account.--For
purposes of subparagraph (A), only employees at job
sites located in the United States (including the
possessions of the United States) shall be taken into
account.
(5) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52, or
subsection (m) or (o) of section 414, of the Internal Revenue
Code of 1986, shall be treated as a single employer for
purposes of this section.
(6) Cooperation with local workforce investment boards.--An
employer or eligible community college participating in a State
new jobs training tax credit program may work with local
workforce development boards established under section 107 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3122)
in searching for individuals to hire and train through such
program.
(e) Eligible Trainee.--For purposes of this section, the term
``eligible trainee'' means an individual--
(1) who received qualified training through an eligible
community college pursuant to a contract that meets the
requirements of subsection (d)(2), under a State new jobs
training tax credit program; and
(2) who is employed on a full-time basis, during the
quarter for which payment is made under subsection (a), by the
employer who was a party to such contract--
(A) at a job site located in the same State as the
eligible community college;
(B) at a wage that meets the requirements of
subsection (d)(2)(C)(iv);
(C) in a job that meets the new job requirement of
subsection (d)(4); and
(D) in a job for which such qualified training is
required, either by law or regulation or by the
inherent requirements of the job.
(f) Appropriation.--Out of any sums in the Treasury not otherwise
appropriated, there are appropriated on an ongoing basis such sums as
are necessary to carry out this section.
(g) Remission of State Income Tax Withholdings Not Treated as
Payments for Training or Education.--In the case of an employer, the
amount of withheld State income tax which is remitted by the employer
to an eligible community college as described in subsection (d)(1)(A)
shall not be treated as an amount paid or incurred by the employer for
purposes of any credit or deduction available under the Internal
Revenue Code of 1986 to such employer, but shall be treated as if such
amount had been remitted to the State in payment of income taxes owed
by the employee.
(h) Tax Treatment of Payments With Respect to Eligible Trainee.--In
the case of an eligible trainee, neither--
(1) the amount of any withheld State income tax which is
remitted by an employer to an eligible community college as
described in subsection (d)(1)(A); nor
(2) the amount of any payment made under subsection (a);
shall be treated for purposes of the Internal Revenue Code of 1986 as
income of the eligible trainee. For purposes of determining the
deduction under section 164(a)(3) of such Code; amounts described in
paragraph (1) shall be treated as amounts paid for State income taxes
by the eligible trainee. | New Skills for New Jobs Act This bill directs the Department of the Treasury to make quarterly matching payments to an eligible community college in an amount equal to the aggregate new job tax withholding matches received by the college for providing qualified training to job trainees under a state new jobs training tax credit program. Under a state new jobs training tax credit program, state income taxes that have been withheld by an employer on behalf of a trainee who has been employed are paid to the eligible community college, to the extent that the payment does not exceed the cost of qualified training specified in a contract between the college and the employer. The bill also provides funding for Treasury to carry out the program. | New Skills for New Jobs Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Mentoring Program Act of
2010'' or the ``JUMP Act of 2010''.
SEC. 2. GRANTS FOR NATIONAL, STATE, AND LOCAL PROGRAMS.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part F the
following:
``Part G--Mentoring
``purposes
``Sec. 299K. The purposes of this part are--
``(1) to reduce juvenile delinquency and gang
participation;
``(2) to improve academic performance; and
``(3) to provide general guidance and promote personal and
social responsibility,
through the use of mentors for at-risk youth.
``definitions
``Sec. 299L. For purposes of this part--
``(1) the term `at-risk youth' means an individual less
than 18 years of age at risk of educational failure or dropping
out of school or involvement in delinquent activities; and
``(2) the term `mentor' means a responsible adult who is
linked with an at-risk youth on a one-to-one volunteer basis,
establishing a supportive relationship with the youth and
providing the youth with exposure to new experiences that
enhance the youth's ability to become a responsible citizen.
``grants
``Sec. 299M. The Administrator shall, by making grants to and
entering into contracts with State and local educational agencies or
national, regional, and local nonprofit organizations, establish and
support programs and activities for the purpose of implementing
mentoring programs that--
``(1) are designed to link at-risk children, particularly
children living in high crime areas and children experiencing
educational failure, with responsible adults; and
``(2) are intended to achieve 1 or more of the following
goals:
``(A) Provide general guidance to at-risk youth.
``(B) Promote personal and social responsibility
among at-risk youth.
``(C) Increase at-risk youth's participation in and
enhance their ability to benefit from elementary and
secondary education.
``(D) Discourage at-risk youth's use of illegal
drugs, violence, and dangerous weapons, and other
criminal activity.
``(E) Discourage involvement of at-risk youth in
gangs.
``(F) Encourage at-risk youth's participation in
community service and community activities.
``regulations and guidelines
``Sec. 299N. The Administrator shall develop and distribute to
program participants specific model guidelines for the screening of
prospective program mentors.
``use of grants
``Sec. 299O. (a) Permitted Uses.--Grants awarded pursuant to this
part shall be used to implement mentoring programs, including--
``(1) hiring of mentoring coordinators and support staff;
``(2) recruitment, screening, and training of adult
mentors;
``(3) reimbursement of mentors for reasonable incidental
expenditures such as transportation that are directly
associated with mentoring;
``(4) training of mentoring program staff in effective
practices; and
``(5) such other purposes as the Administrator may
reasonably prescribe by regulation.
``(b) Additional Permitted Uses for National Grants.--In addition
to the uses set forth in subsection (a), national grants awarded
pursuant to this part may be used to implement and improve mentoring
programs, including--
``(1) the establishment and implementation of quality
assurance services, including best practices for the screening
of volunteer mentors and supervision of mentoring
relationships;
``(2) the establishment and implementation of child safety
standards;
``(3) the establishment and implementation of information
technology systems to track the effectiveness of program
models; and
``(4) research evaluations to inform best practices.
``(c) Prohibited Uses.--Grants awarded pursuant to this part shall
not be used--
``(1) to directly compensate mentors, except as provided
pursuant to subsection (a)(3);
``(2) to obtain educational or other materials or equipment
that would otherwise be used in the ordinary course of the
grantee's operations;
``(3) to support litigation of any kind; or
``(4) for any other purpose reasonably prohibited by the
Administrator by regulation.
``considerations
``Sec. 299P. (a) In General.--In making grants under this part,
the Administrator shall give priority for awarding grants to applicants
that--
``(1) serve at-risk youth in high crime areas;
``(2) have 60 percent or more of their youth eligible to
receive funds under the Elementary and Secondary Education Act
of 1965 (20 U.S.C. et seq.); and
``(b) Other Considerations.--In making grants under this part, the
Administrator shall give consideration to--
``(1) the quality of a mentoring plan, including--
``(A) the resources, if any, that will be dedicated
to providing participating youth with opportunities for
job training or postsecondary education; and
``(B) the degree to which parents, teachers,
community-based organizations, and the local community
participate in the design and implementation of the
mentoring plan; and
``(2) the capability of the applicant to effectively
implement the mentoring plan.
``applications
``Sec. 299Q. An application for assistance under this part shall
include--
``(1) information on the youth expected to be served by the
program;
``(2) a provision for a mechanism for matching youth with
mentors based on the needs of the youth;
``(3) an assurance that no mentor will be assigned to more
than one youth, so as to ensure a one-to-one relationship;
``(4) an assurance that projects will be monitored to
ensure that each youth benefits from a mentor relationship,
with provision for a new mentor assignment if the relationship
is not beneficial to the youth;
``(5) the method by which mentors and youth will be
recruited to the project;
``(6) the method by which prospective mentors will be
screened;
``(7) the training that will be provided to mentors; and
``(8) the method by which outcomes for youth will be
measured and the strength of the mentoring relationship
monitored.
``grant cycles
``Sec. 299R. Grants under this part shall be made for up to 3-year
periods.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5671) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``Parts
C and E'' and inserting ``Parts C, E, and G'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``parts C and E'' and
inserting ``parts C, E, and G'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Authorization of Appropriations for Part G.--There are
authorized to be appropriated to carry out part G, and authorized to
remain available until expended, $150,000,000 for each of fiscal years
2011 through 2015.''. | Juvenile Mentoring Program Act of 2010 or JUMP Act of 2010 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to award grants to and enter into contracts with state and local educational agencies or nonprofit organizations to implement mentoring programs that link at-risk youth with responsible adults who, on a one-to-one volunteer basis, provide such youth with supportive relationships and exposure to new experiences that enhance their ability to become responsible citizens.
Defines an "at-risk youth" as an individual under age 18 who is at risk of educational failure or involvement in delinquent activities.
Requires the Administrator to develop and distribute to program participants specific model guidelines for screening prospective program mentors.
Gives grant priority to applicants that: (1) serve at-risk youth in high crime areas; and (2) have at least 60% of their youth eligible to receive funds under the Elementary and Secondary Education Act of 1965. | A bill to provide grants for juvenile mentoring. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Email Privacy Act''.
SEC. 2. VOLUNTARY DISCLOSURE CORRECTIONS.
(a) In General.--Section 2702 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``divulge'' and inserting
``disclose'';
(ii) by striking ``while in electronic
storage by that service'' and inserting ``that
is in electronic storage with or otherwise
stored, held, or maintained by that service'';
(B) in paragraph (2)--
(i) by striking ``to the public'';
(ii) by striking ``divulge'' and inserting
``disclose''; and
(iii) by striking ``which is carried or
maintained on that service'' and inserting
``that is stored, held, or maintained by that
service''; and
(C) in paragraph (3)--
(i) by striking ``divulge'' and inserting
``disclose''; and
(ii) by striking ``a provider of'' and
inserting ``a person or entity providing'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``wire or electronic'' before
``communication'';
(B) by amending paragraph (1) to read as follows:
``(1) to an originator, addressee, or intended recipient of
such communication, to the subscriber or customer on whose
behalf the provider stores, holds, or maintains such
communication, or to an agent of such addressee, intended
recipient, subscriber, or customer;''; and
(C) by amending paragraph (3) to read as follows:
``(3) with the lawful consent of the originator, addressee,
or intended recipient of such communication, or of the
subscriber or customer on whose behalf the provider stores,
holds, or maintains such communication;'';
(3) in subsection (c) by inserting ``wire or electronic''
before ``communications'';
(4) in each of subsections (b) and (c), by striking
``divulge'' and inserting ``disclose''; and
(5) in subsection (c), by amending paragraph (2) to read as
follows:
``(2) with the lawful consent of the subscriber or
customer;''.
SEC. 3. AMENDMENTS TO REQUIRED DISCLOSURE SECTION.
Section 2703 of title 18, United States Code, is amended--
(1) by striking subsections (a) through (c) and inserting
the following:
``(a) Contents of Wire or Electronic Communications in Electronic
Storage.--Except as provided in subsections (i) and (j), a governmental
entity may require the disclosure by a provider of electronic
communication service of the contents of a wire or electronic
communication that is in electronic storage with or otherwise stored,
held, or maintained by that service only if the governmental entity
obtains a warrant issued using the procedures described in the Federal
Rules of Criminal Procedure (or, in the case of a State court, issued
using State warrant procedures) that--
``(1) is issued by a court of competent jurisdiction; and
``(2) may indicate the date by which the provider must make
the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date by which
the provider must make disclosure to the governmental entity, the
provider shall promptly respond to the warrant.
``(b) Contents of Wire or Electronic Communications in a Remote
Computing Service.--
``(1) In general.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by a
provider of remote computing service of the contents of a wire
or electronic communication that is stored, held, or maintained
by that service only if the governmental entity obtains a
warrant issued using the procedures described in the Federal
Rules of Criminal Procedure (or, in the case of a State court,
issued using State warrant procedures) that--
``(A) is issued by a court of competent
jurisdiction; and
``(B) may indicate the date by which the provider
must make the disclosure to the governmental entity.
In the absence of a date on the warrant indicating the date by
which the provider must make disclosure to the governmental
entity, the provider shall promptly respond to the warrant.
``(2) Applicability.--Paragraph (1) is applicable with
respect to any wire or electronic communication that is stored,
held, or maintained by the provider--
``(A) on behalf of, and received by means of
electronic transmission from (or created by means of
computer processing of communication received by means
of electronic transmission from), a subscriber or
customer of such remote computing service; and
``(B) solely for the purpose of providing storage
or computer processing services to such subscriber or
customer, if the provider is not authorized to access
the contents of any such communications for purposes of
providing any services other than storage or computer
processing.
``(c) Records Concerning Electronic Communication Service or Remote
Computing Service.--
``(1) In general.--Except as provided in subsections (i)
and (j), a governmental entity may require the disclosure by a
provider of electronic communication service or remote
computing service of a record or other information pertaining
to a subscriber to or customer of such service (not including
the contents of wire or electronic communications), only--
``(A) if a governmental entity obtains a warrant
issued using the procedures described in the Federal
Rules of Criminal Procedure (or, in the case of a State
court, issued using State warrant procedures) that--
``(i) is issued by a court of competent
jurisdiction directing the disclosure; and
``(ii) may indicate the date by which the
provider must make the disclosure to the
governmental entity;
``(B) if a governmental entity obtains a court
order directing the disclosure under subsection (d);
``(C) with the lawful consent of the subscriber or
customer; or
``(D) as otherwise authorized in paragraph (2).
``(2) Subscriber or customer information.--A provider of
electronic communication service or remote computing service
shall, in response to an administrative subpoena authorized by
Federal or State statute, a grand jury, trial, or civil
discovery subpoena, or any means available under paragraph (1),
disclose to a governmental entity the--
``(A) name;
``(B) address;
``(C) local and long distance telephone connection
records, or records of session times and durations;
``(D) length of service (including start date) and
types of service used;
``(E) telephone or instrument number or other
subscriber or customer number or identity, including
any temporarily assigned network address; and
``(F) means and source of payment for such service
(including any credit card or bank account number);
of a subscriber or customer of such service.
``(3) Notice not required.--A governmental entity that
receives records or information under this subsection is not
required to provide notice to a subscriber or customer.'';
(2) in subsection (d)--
(A) by striking ``(b) or'';
(B) by striking ``the contents of a wire or
electronic communication, or'';
(C) by striking ``sought,'' and inserting
``sought''; and
(D) by striking ``section'' and inserting
``subsection''; and
(3) by adding at the end the following:
``(h) Notice.--Except as provided in section 2705, a provider of
electronic communication service or remote computing service may notify
a subscriber or customer of a receipt of a warrant, court order,
subpoena, or request under subsection (a), (b), (c), or (d) of this
section.
``(i) Rule of Construction Related to Legal Process.--Nothing in
this section or in section 2702 shall limit the authority of a
governmental entity to use an administrative subpoena authorized by
Federal or State statute, a grand jury, trial, or civil discovery
subpoena, or a warrant issued using the procedures described in the
Federal Rules of Criminal Procedure (or, in the case of a State court,
issued using State warrant procedures) by a court of competent
jurisdiction to--
``(1) require an originator, addressee, or intended
recipient of a wire or electronic communication to disclose a
wire or electronic communication (including the contents of
that communication) to the governmental entity;
``(2) require a person or entity that provides an
electronic communication service to the officers, directors,
employees, or agents of the person or entity (for the purpose
of carrying out their duties) to disclose a wire or electronic
communication (including the contents of that communication) to
or from the person or entity itself or to or from an officer,
director, employee, or agent of the entity to a governmental
entity, if the wire or electronic communication is stored,
held, or maintained on an electronic communications system
owned, operated, or controlled by the person or entity; or
``(3) require a person or entity that provides a remote
computing service or electronic communication service to
disclose a wire or electronic communication (including the
contents of that communication) that advertises or promotes a
product or service and that has been made readily accessible to
the general public.
``(j) Rule of Construction Related to Congressional Subpoenas.--
Nothing in this section or in section 2702 shall limit the power of
inquiry vested in the Congress by Article I of the Constitution of the
United States, including the authority to compel the production of a
wire or electronic communication (including the contents of a wire or
electronic communication) that is stored, held, or maintained by a
person or entity that provides remote computing service or electronic
communication service.''.
SEC. 4. DELAYED NOTICE.
Section 2705 of title 18, United States Code, is amended to read as
follows:
``Sec. 2705. Delayed notice
``(a) In General.--A governmental entity acting under section 2703
may apply to a court for an order directing a provider of electronic
communication service or remote computing service to which a warrant,
order, subpoena, or other directive under section 2703 is directed not
to notify any other person of the existence of the warrant, order,
subpoena, or other directive.
``(b) Determination.--A court shall grant a request for an order
made under subsection (a) for delayed notification of up to 180 days if
the court determines that there is reason to believe that notification
of the existence of the warrant, order, subpoena, or other directive
will likely result in--
``(1) endangering the life or physical safety of an
individual;
``(2) flight from prosecution;
``(3) destruction of or tampering with evidence;
``(4) intimidation of potential witnesses; or
``(5) otherwise seriously jeopardizing an investigation or
unduly delaying a trial.
``(c) Extension.--Upon request by a governmental entity, a court
may grant one or more extensions, for periods of up to 180 days each,
of an order granted in accordance with subsection (b).''.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or an amendment made by this Act shall be
construed to preclude the acquisition by the United States Government
of--
(1) the contents of a wire or electronic communication
pursuant to other lawful authorities, including the authorities
under chapter 119 of title 18 (commonly known as the ``Wiretap
Act''), the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), or any other provision of Federal law not
specifically amended by this Act; or
(2) records or other information relating to a subscriber
or customer of any electronic communication service or remote
computing service (not including the content of such
communications) pursuant to the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), chapter 119
of title 18 (commonly known as the ``Wiretap Act''), or any
other provision of Federal law not specifically amended by this
Act.
Passed the House of Representatives April 27, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Email Privacy Act (Sec. 2)This bill amends the Electronic Communications Privacy Act of 1986 tomake a series of technical changes to clarify that the voluntary disclosure prohibitions and exceptions to such prohibitions apply to the content of communications regardless of whether the communications are held in storage or have been read. (Sec. 3)Additionally, the bill amends the Electronic Communications Privacy Act of 1986 to revise the standards for when a governmental entity may compel disclosure of communications content from a third party service provider.The bill removes the authority of a government entity to acquire the contents of a communication with a court order.Thegovernment must have a warrant to acquire the contents of a communication from a third party provider.A governmental entity that receives a subscriber'srecords or information from a provider is not required to provide notice to such person; however, a provider may notify a subscriberof a request to disclose information to the government. (Sec. 4)A governmental entity may apply for a court order directing a provider, for up to 180 days, to refrain from notifying any person that the provider has been required to disclose communications or records. Additionally, a governmental entity is allowed to seek one or more extensions of the delayed-notice order for periods of up to 180 days each.The government does not have to demonstrate with certainty that an adverse result will occur from notification; it only has to demonstrate that an adverse result is likely to occur. | Email Privacy Act |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Great Bend of the
Gila National Monument Establishment Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Great Bend of the Gila National Monument,
Arizona.
Sec. 3. Management of national monument.
Sec. 4. Management plan.
Sec. 5. Tribal use of national monument.
Sec. 6. Off-road use of motorized and mechanized vehicles.
Sec. 7. No military airspace restrictions.
Sec. 8. Research, education, and visitor services.
Sec. 9. Fish and wildlife.
Sec. 10. Land acquisition.
Sec. 11. Withdrawal.
Sec. 12. Effect on existing facilities and rights-of-way.
Sec. 13. Water rights.
Sec. 14. Advisory council.
SEC. 2. ESTABLISHMENT OF GREAT BEND OF THE GILA NATIONAL MONUMENT,
ARIZONA.
(a) Establishment.--There is established in the State of Arizona
the Great Bend of the Gila National Monument (in this Act referred to
as the ``national monument'').
(b) Purpose.--The purpose of the national monument is--
(1) to preserve, protect, and restore the archaeological,
cultural, historic, geologic, hydrologic, natural, educational,
and scenic resources of the Great Bend of the Gila (Gila River
in Western Maricopa County, Arizona) and adjacent land; and
(2) to provide for public interpretation and recreation
consistent with the resources described in paragraph (1).
(c) Boundaries.--
(1) In general.--The national monument consists of
approximately 84,296 acres of public lands and interests in
land administered by the Secretary of the Interior through the
Bureau of Land Management, as generally depicted on the map
entitled ``Great Bend of the Gila National Monument'' and dated
March 6, 2013.
(2) Minor adjustments.--The Secretary may make minor
adjustments to the boundaries of the national monument to
reflect the inclusion of significant archaeological resources
discovered after the date of enactment of this Act on public
lands adjacent to the national monument.
(3) Availability of map.--The map described in paragraph
(1) and the legal description of any adjustments made under
paragraph (2) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(d) Adjacent Uses.--Nothing in this Act--
(1) creates a protective perimeter or buffer zone around
the national monument; or
(2) affects private property outside of the boundaries of
the national monument.
SEC. 3. MANAGEMENT OF NATIONAL MONUMENT.
(a) National Landscape Conservation System.--The Secretary of the
Interior shall manage the national monument as part of the National
Landscape Conservation System--
(1) to allow only such uses of the national monument as to
further the purposes for which the monument was established;
and
(2) in accordance with this Act and other laws generally
applicable to the national monument, including the Native
American Graves Protection and Repatriation Act (25 U.S.C. 3001
et seq.) and the policy described in Public Law 95-341
(commonly known as the American Indian Religious Freedom Act;
42 U.S.C. 1996).
(b) Management Objectives.--In managing the national monument, the
Secretary of the Interior shall--
(1) maintain the undeveloped character of the national
monument to the maximum extent practicable; and
(2) protect and restore cultural resources, species, and
ecosystems of the national monument.
(c) Vegetation Management.--
(1) In general.--The Secretary of the Interior--
(A) shall conduct an inventory of invasive plant
species in the national monument;
(B) may carry out vegetation management treatments,
including efforts to control salt cedar and other
invasive plant species, in the national monument; and
(C) shall coordinate vegetation management within
the national monument boundaries with ongoing efforts
to eradicate invasive species by the Flood Control
District of Maricopa County and neighboring
communities.
(2) Use of native plant species.--The Secretary shall
utilize native plant species in planning for restoration
projects to be conducted in the national monument.
(d) Grazing.--The Secretary shall permit grazing in the national
monument, where grazing was established before the date of enactment of
this Act--
(1) subject to all applicable laws; and
(2) consistent with the purposes for which the national
monument is established.
(e) Backcountry Activities.--Management of the national monument
shall support backcountry hunting and other non-motorized recreation in
the national monument.
SEC. 4. MANAGEMENT PLAN.
(a) Management Plan Required.--Not later than three years after the
date of enactment of this Act, the Secretary of the Interior shall
develop a management plan for the national monument that addresses the
actions necessary to protect the resources described in section
2(b)(1). The management plan shall include a transportation plan,
including travel restrictions and road closures.
(b) Consultation.--In addition to the period of public comment
required by subsection (b), the Secretary of the Interior shall prepare
the management plan in government-to-government consultation with
Indian tribes with a cultural or historic tie to the Great Bend of the
Gila.
SEC. 5. TRIBAL USE OF NATIONAL MONUMENT.
(a) Traditional Uses.--The Secretary of the Interior shall allow
for the continued use of the national monument by members of Indian
tribes--
(1) for traditional ceremonies; and
(2) as a source of traditional plants and other materials.
(b) Terms and Conditions.--Tribal use of the national monument
under subsection (a) shall be--
(1) subject to any terms and conditions the Secretary of
the Interior determines to be necessary to further the purposes
for which the national monument is established; and
(2) in accordance with applicable law.
(c) Tribal Rights.--Nothing in this Act affects--
(1) the rights of any Indian tribe on Indian land;
(2) any individually held trust land or Indian allotment;
or
(3) any treaty rights providing for nonexclusive access to
or in the national monument by members of Indian tribes for
traditional and cultural purposes.
SEC. 6. OFF-ROAD USE OF MOTORIZED AND MECHANIZED VEHICLES.
Except as needed for administrative purposes or to respond to an
emergency, the use of motorized and mechanized vehicles in the national
monument is limited to roads and trails designated for their use.
SEC. 7. NO MILITARY AIRSPACE RESTRICTIONS.
Establishment of the national monument shall not be construed to
impact or impose any altitude, flight, or other airspace restrictions
on current or future military operations or missions. Should the Armed
Forces require additional or modified airspace after the date of the
enactment of this Act, Congress does not intend for the establishment
of the national monument to impede the Secretary of Defense from
petitioning the Federal Aviation Administration to change or expand
restricted military airspace.
SEC. 8. RESEARCH, EDUCATION, AND VISITOR SERVICES.
(a) Education and Interpretation.--The Secretary of the Interior
shall provide such minimal facilities within the national monument for
education and interpretation, such as signage or other interpretive
kiosks, as the Secretary considers necessary for visitor enjoyment of
the national monument, while ensuring the protection of monument
resources.
(b) Visitor Center.--Any visitor center for the national monument
shall be sited in a community in the vicinity of the national monument,
rather than within the boundaries of the national monument.
(c) Research Authorized.--
(1) In general.--The Secretary of the Interior shall allow
scientific research to be conducted in the national monument,
including research to identify, protect, and preserve the
historic and cultural resources of the monument.
(2) Climate change research.--The Secretary may conduct, or
authorize other persons to conduct, research regarding the
effects of climate change on monument resources to develop
management techniques to boost resiliency and facilitate
adaptation to human-caused climate change.
SEC. 9. FISH AND WILDLIFE.
Nothing in this Act affects the jurisdiction of the State of
Arizona with respect to the management of fish and wildlife on public
lands in the State.
SEC. 10. LAND ACQUISITION.
(a) Acquisition Authority.--The Secretary of the Interior may
acquire land and any interest in land, State and private, within or
adjacent to the boundaries of the national monument--
(1) by purchase from willing sellers with donated or
appropriated funds;
(2) by donation; or
(3) by exchange.
(b) Treatment of Acquired Land.--Land and interests in land
acquired under the authority of subsection (a) shall automatically
become part of the national monument.
SEC. 11. WITHDRAWAL.
(a) In General.--Subject to valid existing rights, all Federal land
within the national monument (including any land or interest in land
acquired after the date of enactment of this Act) is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Renewable Energy Projects.--Subject to valid and existing
rights, renewable energy and transmission development is prohibited in
the national monument.
SEC. 12. EFFECT ON EXISTING FACILITIES AND RIGHTS-OF-WAY.
Nothing in this Act terminates or limits any valid right-of-way
within the Monument in existence on the date of the enactment of this
Act (including the customary operation, maintenance, repair, relocation
within an existing right-of-way, or replacement of energy transport
facilities within an existing right-of-way), or other authorized right-
of-way.
SEC. 13. WATER RIGHTS.
(a) In General.--Nothing in this shall affect, alter, or diminish
the water rights, or claims or entitlements to water of the United
States, the State of Arizona, or any irrigation or conservation
district, canal company, entity or individual to the Gila River or any
tributary thereto.
(b) Reserved Water Rights.--The designation of the national
monument does not imply or create a Federal reserved water right to the
appropriable waters of the Gila River or any tributary thereto.
SEC. 14. ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an advisory
council, to be known as the ``Great Bend of the Gila National Monument
Advisory Council''.
(b) Duties.--
(1) The Council shall advise the Secretary with respect to
the preparation and implementation of the management plan.
(2) The Council shall advise, or create a subcommittee to
advise, on salt cedar/tamarisk removal within the monument.
(c) Applicable Law.--The Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(d) Members.--The Council shall include members to be appointed by
the Secretary. To the extent practicable, the Secretary shall appoint
not more than 13 members from Category One and an additional 13
members, in the aggregate, from Category Two, Category Three, and
Category Four, who will represent the purposes for which the national
monument was established and stakeholders who may have an interest in
the planning and management of the national monument. The categories
referred to in this subsection are the following:
(1) Category one.--Representatives of affiliated tribes.
(2) Category two.--Public land ranchers, irrigation
districts, and representatives of organizations associated with
agriculture, energy and mineral development, transportation or
rights-of-way, off-highway vehicle use, and commercial
recreation.
(3) Category three.--Representatives of nationally or
regionally recognized environmental organizations,
archaeological and historical organizations, and dispersed
recreation activities.
(4) Category four.--
(A) Representatives of State, county, or local
elected office.
(B) Representatives and employees of a State agency
responsible for the management of natural resources.
(C) Representatives and employees of academic
institutions who are involved in natural sciences.
(D) The public-at-large.
(e) Representation.--The Secretary shall ensure that the membership
of the Council is fairly balanced in terms of the points of view
represented and the functions to be performed by the Council.
(f) Duration.--The Council shall terminate on the date that is one
year from the date on which the management plan is adopted by the
Secretary. | Great Bend of the Gila National Monument Establishment Act This bill establishes the Great Bend of the Gila National Monument in Arizona. The Department of the Interior shall manage the Monument as part of the National Landscape Conservation System to maintain its undeveloped character and to protect and restore its cultural resources, species, and ecosystems. Interior shall conduct an inventory of invasive plant species in the Monument. Interior may carry out vegetation management treatments within the Monument, including efforts to control salt cedar and other invasive plant species. The bill permits grazing within the Monument where it is already established. Interior shall develop a management plan for the Monument in government-to-government consultation with Indian tribes having a cultural or historic tie to the Great Bend of the Gila. The Monument may continue to be used by tribe members for traditional ceremonies and as a source of traditional plants and other materials. Interior shall allow scientific research within the Monument, including research for the preservation of its historic and cultural resources. Interior may conduct, or authorize other persons to conduct, research regarding the effects of climate change on the Monument's resources. The bill prohibits renewable energy and transmission development projects in the Monument. Interior shall establish the Great Bend of the Gila National Monument Advisory Council to advise on the management plan and salt cedar/tamarisk removal. | Great Bend of the Gila National Monument Establishment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive National Mercury
Monitoring Program Establishment Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Mercury is a potent neurotoxin of significant
ecological and public health concern. Exposure to mercury
occurs largely by consumption of contaminated fish. Children
and women of childbearing age who consume large amounts of fish
are at high risk of adverse effects. It is estimated that
200,000 to 400,000 children born each year in the United States
have been exposed to mercury levels in their mothers' wombs
high enough to impair neurological development. The Centers for
Disease Control and Prevention have found that eight percent of
the women in the United States of childbearing age have blood
mercury levels in excess of values deemed safe by the
Environmental Protection Agency.
(2) As of 2004, fish consumption advisories due to mercury
contamination have been issued for 44 States, including 21
statewide advisories for freshwaters and 12 statewide
advisories for coastal waters. These advisories represent more
than 52,000 square kilometers of lakes and 1,230,000 kilometers
of rivers. Yet, fish and shellfish are an important source of
dietary protein, and a healthy fishing resource is important to
the economy. The extent of fish consumption advisories
underscores the extensive human and ecological health risk
posed by mercury pollution.
(3) In most locations, the primary route for mercury input
to aquatic ecosystems is by atmospheric transport and
deposition. Mercury's interaction with the environment and
bioaccumulation in biota are not fully understood. Computer
models and other assessment tools predict varying effectiveness
in reducing mercury concentrations in fish, and no broad-scale
data sets exist to test model predictions.
(4) In September 2003, the Society of Environmental
Toxicology and Chemistry convened a workshop of 32 mercury
scientists to develop a system to measure and document changes
resulting from reductions in mercury emissions in the United
States. The resulting plan is documented in the book ``State of
Science for Mercury Effects: Assessment for Aquatic and
Terrestrial Environments'', published in 2007.
(5) On January 1, 2005, ``Monitoring the Response to
Changing Mercury Deposition'' was published in the periodical
Environmental Science and Technology. The article proposed a
``holistic, multimedia, long-term mercury monitoring program''.
(6) Many regulations limiting mercury emissions have either
gone into effect or will soon be enacted, but scientists are
not adequately measuring the environmental benefits of reduced
mercury emissions. As governments advance regulations,
governments should document whether their rules are effective.
(7) On May 15, 2006, the Office of Inspector General of the
Environmental Protection Agency issued a report entitled,
``Monitoring Needed to Assess Impact of EPA's Clean Air Mercury
Rule (CAMR) on Potential Hotspots'', Report No. 2006-P-0025,
which states, in part: ``Without field data from an improved
monitoring network, EPA's ability to advance mercury science
will be limited and `utility-attributable' hotspots that pose
health risks may occur and go undetected'' and ``We recommend
that EPA develop and implement a mercury monitoring plan to (1)
assess the impact of CAMR, if adopted, on mercury deposition
and fish tissue; and (2) evaluate and refine mercury estimation
tools and models''.
(8) On January 4, 2007, ``Contamination in Remote Forest
and Aquatic Ecosystems in the Northeastern U.S.: Sources,
Transformations and Management Options'' and ``Biological
Mercury Hotspots in the Northeastern U.S. and Southeastern
Canada'' were published in the journal BioScience. The authors
identified five biological mercury hotspots and nine areas of
concern in the northeastern United States and southeastern
Canada associated primarily with atmospheric mercury emissions
and deposition. They further located an area of particularly
high mercury deposition adjacent to a coal-fired electric
utility in southern New Hampshire. The authors of the studies
concluded that local impacts from mercury emissions should be
closely monitored in order to assess the impact of State and
Federal policies.
SEC. 3. MONITORING PROGRAM.
(a) Establishment.--The Administrator of the Environmental
Protection Agency, in consultation with the United States Fish and
Wildlife Service, the United States Geological Survey, the Forest
Service, the National Park Service, and the National Oceanic and
Atmospheric Administration, shall establish a national scale mercury
monitoring program. For purposes of such program, the Administrator of
the Environmental Protection Agency shall select multiple monitoring
sites in ecoregions of the United States.
(b) Air and Watershed.--The program under this section shall
monitor long-term changes in mercury levels in the air and watershed,
including--
(1) at locations selected under subsection (a) that the
Administrator of the Environmental Protection Agency determines
appropriate, measuring and recording wet mercury deposition;
(2) at a portion of such locations that the Administrator
of the Environmental Protection Agency determines is
appropriate, measuring and recording atmospheric mercury
speciation and estimates of the dry deposition of mercury;
(3) at a portion of such locations that the Administrator
of the Environmental Protection Agency determines is
appropriate, measuring and recording mercury flux and mercury
export; and
(4) measuring and recording the level of mercury re-emitted
from aquatic and terrestrial environments into the atmosphere.
(c) Water and Soil Chemistry.--The program under this section shall
monitor mercury levels in water and soil chemistry, including--
(1) at a portion of all locations selected under subsection
(a) that the Administrator of the Environmental Protection
Agency determines is appropriate, extracting and analyzing
sediment cores;
(2) measuring and recording total mercury concentration,
methyl mercury concentration, and percent methyl mercury in
surface sediments;
(3) measuring and recording total mercury concentration and
methyl mercury concentration in surface water; and
(4) at a portion of such locations that the Administrator
of the Environmental Protection Agency determines is
appropriate, measuring and recording total mercury
concentrations and methyl mercury concentrations throughout the
water column.
(d) Aquatic Plants and Animals.--The program under this section
shall monitor mercury levels in plants and animals, including--
(1) measuring and recording methyl mercury levels in
yearling fish;
(2) measuring and recording mercury levels, and other
scientific data relevant to assessing the health of the fish
population, in commercially or recreationally important fish;
(3) measuring and recording mercury levels in the
appropriate tissue in reptiles, amphibians, birds, and mammals;
and
(4) at a portion of all locations selected under subsection
(a) that the Administrator of the Environmental Protection
Agency determines is appropriate, measuring and recording
mercury levels in phytoplankton, algae, zooplankton, and
benthic invertebrates.
(e) Selection of Monitoring Sites.--The Administrator of the
Environmental Protection Agency shall, not later than 12 months after
the date of enactment of this Act and in coordination with the
Scientific Advisory Committee, recommend appropriate sites for
monitoring under the program established under this section.
SEC. 4. SCIENTIFIC ADVISORY COMMITTEE.
(a) Establishment.--There shall be established a Scientific
Advisory Committee to advise the Administrator of the Environmental
Protection Agency on the establishment, site selection, and operation
of the national mercury monitoring program under this Act.
(b) Membership.--The Scientific Advisory Committee shall consist of
scientists who are not employees of the Federal Government, including--
(1) 3 scientists appointed by the Administrator of the
Environmental Protection Agency;
(2) 2 scientists appointed by the Director of the United
States Fish and Wildlife Service;
(3) 2 scientists appointed by the Director of the National
Park Service;
(4) 2 scientists appointed by the Director of the Forest
Service;
(5) 2 scientists appointed by the Director of the United
States Geological Survey; and
(6) 2 scientists appointed by the Administrator of the
National Oceanic and Atmospheric Administration.
SEC. 5. REPORTS AND PUBLIC DISCLOSURE.
(a) Reports.--The Administrator of the Environmental Protection
Agency shall transmit to Congress a report on the program under this
Act not later than 2 years after the date of enactment of this Act, and
every 2 years thereafter. Once every 4 years, such report shall include
an assessment of the reduction in mercury deposition rates that must be
achieved in order to prevent adverse ecological effects.
(b) Availability of Data.--All data obtained pursuant to this Act
shall be made available to the public.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for carrying out this Act--
(1) for fiscal year 2008--
(A) to the Environmental Protection Agency
$7,000,000;
(B) to the United States Geological Survey
$4,500,000;
(C) to the Fish and Wildlife Service $4,500,000;
and
(D) to the National Oceanic and Atmospheric
Administration $2,000,000;
(2) for fiscal year 2009--
(A) to the Environmental Protection Agency
$5,000,000;
(B) to the United States Geological Survey
$3,000,000;
(C) to the Fish and Wildlife Service $3,000,000;
and
(D) to the National Oceanic and Atmospheric
Administration $1,000,000;
(3) for fiscal year 2010--
(A) to the Environmental Protection Agency
$5,250,000;
(B) to the United States Geological Survey
$3,250,000;
(C) to the Fish and Wildlife Service $3,250,000;
and
(D) to the National Oceanic and Atmospheric
Administration $1,250,000; and
(4) such sums as may be necessary for each of fiscal years
2011 through 2013 to the Environmental Protection Agency, the
United States Geological Survey, the Fish and Wildlife Service,
and the National Oceanic and Atmospheric Administration.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) Ecoregion.--The term ``ecoregion'' means a large area
of land and water that contains a geographically distinct
assemblage of natural communities, including similar land
forms, climate, ecological processes, and vegetation.
(2) Mercury export.--The term ``mercury export'' means
mercury flux from a watershed to the corresponding water body,
or from one water body to another (e.g. a lake to a river),
generally expressed as mass per unit time.
(3) Mercury flux.--The term ``mercury flux'' means the rate
of transfer of mercury between ecosystem components (e.g.
between water and air), or between portions of ecosystem
components, expressed in terms of mass per unit time or mass
per unit area per time.
(4) Surface sediment.--The term ``surface sediment'' means
sediment in the top 2 centimeters of a lakebed or riverbed. | Comprehensive National Mercury Monitoring Program Establishment Act - Directs the Administrator of the Environmental Protection Agency to establish a national-scale mercury monitoring program. Requires such program to monitor: (1) long-term changes in mercury levels in the air and watersheds; (2) mercury levels in water and soil chemistry; and (3) mercury levels in plants and animals.
Establishes the Scientific Advisory Committee to advise the Administrator on the establishment, site selection, and operation of the program. | To provide for the establishment of a national mercury monitoring program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wireless Tax Fairness Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is appropriate to exercise congressional enforcement
authority under section 5 of the 14th Amendment to the
Constitution of the United States and Congress' plenary power
under article I, section 8, clause 3 of the Constitution of the
United States (commonly known as the ``commerce clause'') in
order to ensure that States and political subdivisions thereof
do not discriminate against providers and consumers of mobile
services by imposing new selective and excessive taxes and
other burdens on such providers and consumers.
(2) In light of the history and pattern of discriminatory
taxation faced by providers and consumers of mobile services,
the prohibitions against and remedies to correct discriminatory
State and local taxation in section 306 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (49 U.S.C.
11501) provide an appropriate analogy for congressional action,
and similar Federal legislative measures are warranted that
will prohibit imposing new discriminatory taxes on providers
and consumers of mobile services and that will assure an
effective, uniform remedy.
SEC. 3. MORATORIUM.
(a) In General.--No State or local jurisdiction shall impose a new
discriminatory tax on or with respect to mobile services, mobile
service providers, or mobile service property, during the 5-year period
beginning on the date of enactment of this Act.
(b) Definitions.--In this Act:
(1) Mobile service.--The term ``mobile service'' means
commercial mobile radio service, as such term is defined in
section 20.3 of title 47, Code of Federal Regulations, as in
effect on the date of enactment of this Act, or any other
service that is primarily intended for receipt on, transmission
from, or use with a mobile telephone or other mobile device,
including but not limited to the receipt of a digital good.
(2) Mobile service property.--The term ``mobile service
property'' means all property used by a mobile service provider
in connection with its business of providing mobile services,
whether real, personal, tangible, or intangible (including
goodwill, licenses, customer lists, and other similar
intangible property associated with such business).
(3) Mobile service provider.--The term ``mobile service
provider'' means any entity that sells or provides mobile
services, but only to the extent that such entity sells or
provides mobile services.
(4) New discriminatory tax.--The term ``new discriminatory
tax'' means a tax imposed by a State or local jurisdiction that
is imposed on or with respect to, or is measured by, the
charges, receipts, or revenues from or value of--
(A) a mobile service and is not generally imposed,
or is generally imposed at a lower rate, on or with
respect to, or measured by, the charges, receipts, or
revenues from other services or transactions involving
tangible personal property;
(B) a mobile service provider and is not generally
imposed, or is generally imposed at a lower rate, on
other persons that are engaged in businesses other than
the provision of mobile services; or
(C) a mobile service property and is not generally
imposed, or is generally imposed at a lower rate, on or
with respect to, or measured by the value of, other
property that is devoted to a commercial or industrial
use and subject to a property tax levy, except public
utility property owned by a public utility subject to
rate of return regulation by a State or Federal
regulatory authority;
unless such tax was imposed and actually enforced on mobile
services, mobile service providers, or mobile service property
prior to the date of enactment of this Act.
(5) State or local jurisdiction.--The term ``State or local
jurisdiction'' means any of the several States, the District of
Columbia, any territory or possession of the United States, a
political subdivision of any State, territory, or possession,
or any governmental entity or person acting on behalf of such
State, territory, possession, or subdivision that has the
authority to assess, impose, levy, or collect taxes or fees.
(6) Tax.--
(A) In general.--The term ``tax'' means a charge
imposed by a governmental entity for the purpose of
generating revenues for governmental purposes, and
excludes a fee imposed on a particular entity or class
of entities for a specific privilege, service, or
benefit conferred exclusively on such entity or class
of entities.
(B) Exclusion.--The term ``tax'' does not include
any fee or charge--
(i) used to preserve and advance Federal
universal service or similar State programs
authorized by section 254 of the Communications
Act of 1934 (47 U.S.C. 254); or
(ii) specifically dedicated by a State or
local jurisdiction for the support of E-911
communications systems.
(c) Rules of Construction.--
(1) Determination.--For purposes of subsection (b)(4), all
taxes, tax rates, exemptions, deductions, credits, incentives,
exclusions, and other similar factors shall be taken into
account in determining whether a tax is a new discriminatory
tax.
(2) Application of principles.--Except as otherwise
provided in this Act, in determining whether a tax on mobile
service property is a new discriminatory tax for purposes of
subsection (b)(4)(C), principles similar to those set forth in
section 306 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (49 U.S.C. 11501) shall apply.
(3) Exclusions.--Notwithstanding any other provision of
this Act--
(A) the term ``generally imposed'' as used in
subsection (b)(4) shall not apply to any tax imposed
only on--
(i) specific services;
(ii) specific industries or business
segments; or
(iii) specific types of property; and
(B) the term ``new discriminatory tax'' shall not
include a new tax or the modification of an existing
tax that either--
(i)(I) replaces one or more taxes that had
been imposed on mobile services, mobile service
providers, or mobile service property; and
(II) is designed so that, based on
information available at the time of the
enactment of such new tax or such modification,
the amount of tax revenues generated thereby
with respect to such mobile services, mobile
service providers, or mobile service property
is reasonably expected to not exceed the amount
of tax revenues that would have been generated
by the respective replaced tax or taxes with
respect to such mobile services, mobile service
providers, or mobile service property; or
(ii) is a local jurisdiction tax that may
not be imposed without voter approval, provides
for at least 90 days' prior notice to mobile
service providers, and is required by law to be
collected from mobile service customers.
SEC. 4. ENFORCEMENT.
Notwithstanding any provision of section 1341 of title 28, United
States Code, or the constitution or laws of any State, the district
courts of the United States shall have jurisdiction, without regard to
amount in controversy or citizenship of the parties, to grant such
mandatory or prohibitive injunctive relief, interim equitable relief,
and declaratory judgments as may be necessary to prevent, restrain, or
terminate any acts in violation of this Act.
(1) Jurisdiction.--Such jurisdiction shall not be exclusive
of the jurisdiction which any Federal or State court may have
in the absence of this section.
(2) Burden of proof.--The burden of proof in any proceeding
brought under this Act shall be upon the party seeking relief
and shall be by a preponderance of the evidence on all issues
of fact.
(3) Relief.--In granting relief against a tax which is
discriminatory or excessive under this Act with respect to tax
rate or amount only, the court shall prevent, restrain, or
terminate the imposition, levy, or collection of not more than
the discriminatory or excessive portion of the tax as
determined by the court.
SEC. 5. GAO STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study, throughout the 5-year period beginning on the date of
the enactment of this Act, to determine--
(1) how, and the extent to which, taxes imposed by local
and State jurisdictions on mobile services, mobile service
providers, or mobile property, impact the costs consumers pay
for mobile services; and
(2) the extent to which the moratorium on discriminatory
mobile services taxes established in this Act has any impact on
the costs consumers pay for mobile services.
(b) Report.--Not later than 6 years after the date of the enactment
of this Act, the Comptroller General shall submit, to the Committee on
the Judiciary of the House of Representatives and Committee on the
Judiciary of the Senate, a report containing the results of the study
required subsection (a) and shall include in such report
recommendations for any changes to laws and regulations relating to
such results.
Passed the House of Representatives November 1, 2011.
Attest:
KAREN L. HAAS,
Clerk. | Wireless Tax Fairness Act of 2011 - Prohibits states or local governments from imposing any new discriminatory tax on mobile services, mobile service providers, or mobile service property (i.e., cell phones) for five years after the enactment of this Act. Defines "new discriminatory tax" as a tax imposed on mobile services, providers, or property that is not generally imposed on, or that is generally imposed at a lower rate on, other types of services, providers, or property, unless such tax was imposed and actually enforced prior to the enactment of this Act.
Amends the federal judicial code to grant jurisdiction to federal district courts to grant injunctive and other appropriate relief to prevent, restrain, or terminate any acts in violation of this Act.
Requires the Comptroller General to conduct a study, throughout the five-year moratorium imposed by this Act, to determine how, and the extent to which, taxes on mobile services, providers, or property impact the costs consumers pay for mobile services and the extent to which such moratorium has any impact on the costs consumers pay for mobile services. | To restrict any State or local jurisdiction from imposing a new discriminatory tax on cell phone services, providers, or property. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deepwater Port Modernization Act''.
SEC. 2. DECLARATIONS OF PURPOSE AND POLICY.
(a) Purposes.--The purposes of this Act are to--
(1) update and improve the Deepwater Port Act of 1974;
(2) assure that the regulation of deepwater ports is not
more burdensome or stringent than necessary in comparison to
the regulation of other modes of importing or transporting oil;
(3) recognize that deepwater ports are generally subject to
effective competition from alternative transportation modes and
eliminate, for as long as a port remains subject to effective
competition, unnecessary Federal regulatory oversight or
involvement in the ports' business and economic decisions; and
(4) promote innovation, flexibility, and efficiency in the
management and operation of deepwater ports by removing or
reducing any duplicative, unnecessary, or overly burdensome
Federal regulations or license provisions.
(b) Policy.--Section 2(a) of the Deepwater Port Act of 1974 (33
U.S.C. 1501(a)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting a semicolon; and
(3) by inserting at the end the following:
``(5) promote the construction and operation of deepwater
ports as a safe and effective means of importing oil into the
United States and transporting oil from the outer continental
shelf while minimizing tanker traffic and the risks attendant
thereto; and
``(6) promote oil production on the outer continental shelf
by affording an economic and safe means of transportation of
outer continental shelf oil to the United States mainland.''.
SEC. 3. DEFINITIONS.
(a) Antitrust Laws.--Section 3 of the Deepwater Port Act of 1974
(33 U.S.C. 1502) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) through (19) as
paragraphs (3) through (18), respectively.
(b) Deepwater Port.--The first sentence of section 3(9) of such
Act, as redesignated by subsection (a), is amended by striking ``such
structures,'' and all that follows through ``section 23.'' and
inserting the following: ``structures, located beyond the territorial
sea and off the coast of the United States and which are used or
intended for use as a port or terminal for the transportation, storage,
and further handling of oil for transportation to any State, except as
otherwise provided in section 23, and for other uses not inconsistent
with the purposes of this Act, including transportation of oil from the
United States outer continental shelf.''.
SEC. 4. LICENSES.
(a) Elimination of Utilization Restrictions.--Section 4(a) of the
Deepwater Port Act of 1974 (33 U.S.C. 1503(a)) is amended by striking
all that follows the second sentence.
(b) Elimination of Precondition to Licensing.--Section 4(c) of such
Act is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively.
(c) Conditions Prescribed by Secretary.--Section 4(e)(1) of such
Act is amended by striking the first sentence and inserting the
following: ``In issuing a license for the ownership, construction, and
operation of a deepwater port, the Secretary shall prescribe those
conditions which the Secretary deems necessary to carry out the
provisions and requirements of this Act or which are otherwise required
by any Federal department or agency pursuant to the terms of this Act.
To the extent practicable, conditions required to carry out the
provisions and requirements of this Act shall be addressed in license
conditions rather than by regulation and, to the extent practicable,
the license shall allow a deepwater port's operating procedures to be
stated in an operations manual approved by the Coast Guard rather than
in detailed and specific license conditions or regulations; except that
basic standards and conditions shall be addressed in regulations.''.
(d) Elimination of Restriction Relating to Applications.--Section
4(e)(2) of such Act is amended by striking ``application'' and
inserting ``license''.
(e) Findings Required for Transfers.--Section 4(f) of such Act is
amended to read as follows:
``(f) Amendments, Transfers, and Reinstatements.--The Secretary may
amend, transfer, or reinstate a license issued under this Act if the
Secretary finds that the amendment, transfer, or reinstatement is
consistent with the requirements of this Act.''.
SEC. 5. INFORMATIONAL FILINGS.
Section 5(c) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c))
is amended by adding the following:
``(3) Upon written request of any person subject to this
subsection, the Secretary may make a determination in writing to exempt
such person from any of the informational filing provisions enumerated
in this subsection or the regulations implementing this section if the
Secretary determines that such information is not necessary to
facilitate the Secretary's determinations under section 4 of this Act
and that such exemption will not limit public review and evaluation of
the deepwater port project.''.
SEC. 6. ANTITRUST REVIEW.
Section 7 of the Deepwater Port Act of 1974 (33 U.S.C. 1506) is
repealed.
SEC. 7. OPERATION.
(a) As Common Carrier.--Section 8(a) of the Deepwater Port Act of
1974 (33 U.S.C. 1507(a)) is amended by inserting after ``subtitle IV of
title 49, United States Code,'' the following: ``and shall accept,
transport, or convey without discrimination all oil delivered to the
deepwater port with respect to which its license is issued,''.
(b) Conforming Amendment.--Section 8(b) of such Act is amended by
striking the first sentence and the first 3 words of the second
sentence and inserting the following: ``A licensee is not
discriminating under this section and''.
SEC. 8. MARINE ENVIRONMENTAL PROTECTION AND NAVIGATIONAL SAFETY.
Section 10(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1509(a))
is amended--
(1) by inserting after ``international law'' the following:
``and the provision of adequate opportunities for public
involvement'';
(2) by striking ``shall prescribe by regulation and enforce
procedures with respect to any deepwater port, including, but
not limited to,'' and inserting the following: ``shall
prescribe and enforce procedures, either by regulation (for
basic standards and conditions) or by the licensee's operations
manual, with respect to''; and
(3) by redesignating clauses (A), (B), and (C) as clauses
(1), (2), and (3), respectively.
Passed the House of Representatives September 18, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Deepwater Port Modernization Act - Amends the Deepwater Port Act of 1974 to revise the term "deepwater port" to include a fixed or floating manmade structure (other than a vessel) located beyond the territorial sea and off the U.S. coast which is used as a port or terminal for the transportation of oil from the U.S. Outer Continental Shelf.
Eliminates: (1) certain utilization and transfer restrictions on deepwater ports; and (2) a certain antitrust precondition with respect to the licensing of such ports.
Authorizes the Secretary of Transportation to exempt an applicant for a deepwater port license from certain informational filing requirements, provided such exemption will not limit public review of the deepwater port project.
Repeals the restriction on the issuance of a deepwater port license requiring that the Secretary first receive opinions from the Attorney General and the Federal Trade Commission as to whether such action would adversely affect competition, restrain trade, promote monopolization, or otherwise contravene the antitrust laws.
Requires a deepwater port, among other things, to accept, transport, or convey without discrimination all oil delivered to it.
Directs the Secretary to prescribe and enforce procedures with respect to the environment and navigational safety as they relate to deepwater ports either by regulation (for basic standards and conditions), or by the licensee's operations manual. | Deepwater Port Modernization Act |
SECTION 1. SHORT TITLE.
This title may be cited as the ``FHA Manufactured Housing Loan
Modernization Act of 2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) manufactured housing plays a vital role in providing
housing for low- and moderate-income families in the United
States;
(2) the FHA title I insurance program for manufactured home
loans traditionally has been a major provider of mortgage
insurance for home-only transactions;
(3) the manufactured housing market is in the midst of a
prolonged downturn which has resulted in a severe contraction
of traditional sources of private lending for manufactured home
purchases;
(4) during past downturns the FHA title I insurance program
for manufactured homes has filled the lending void by providing
stability until the private markets could recover;
(5) in 1992, during the manufactured housing industry's
last major recession, over 30,000 manufactured home loans were
insured under title I;
(6) in 2006, fewer than 1,500 manufactured housing loans
were insured under title I;
(7) the loan limits for title I manufactured housing loans
have not been adjusted for inflation since 1992; and
(8) these problems with the title I program have resulted
in an atrophied market for manufactured housing loans, leaving
American families who have the most difficulty achieving
homeownership without adequate financing options for home-only
manufactured home purchases.
(b) Purposes.--The purposes of this Act are--
(1) to provide adequate funding for FHA-insured
manufactured housing loans for low- and moderate-income
homebuyers during all economic cycles in the manufactured
housing industry;
(2) to modernize the FHA title I insurance program for
manufactured housing loans to enhance participation by Ginnie
Mae and the private lending markets; and
(3) to adjust the low loan limits for title I manufactured
home loan insurance to reflect the increase in costs since such
limits were last increased in 1992 and to index the limits to
inflation.
SEC. 3. EXCEPTION TO LIMITATION ON FINANCIAL INSTITUTION PORTFOLIO.
The second sentence of section 2(a) of the National Housing Act (12
U.S.C. 1703(a)) is amended--
(1) by striking ``In no case'' and inserting ``Other than
in connection with a manufactured home or a lot on which to
place such a home (or both), in no case''; and
(2) by striking ``: Provided, That with'' and inserting ``.
With''.
SEC. 4. INSURANCE BENEFITS.
(a) In General.--Subsection (b) of section 2 of the National
Housing Act (12 U.S.C. 1703(b)), is amended by adding at the end the
following new paragraph:
``(8) Insurance benefits for manufactured housing loans.--
Any contract of insurance with respect to loans, advances of
credit, or purchases in connection with a manufactured home or
a lot on which to place a manufactured home (or both) for a
financial institution that is executed under this title after
the date of the enactment of the FHA Manufactured Housing Loan
Modernization Act of 2007 by the Secretary shall be conclusive
evidence of the eligibility of such financial institution for
insurance, and the validity of any contract of insurance so
executed shall be incontestable in the hands of the bearer from
the date of the execution of such contract, except for fraud or
misrepresentation on the part of such institution.''.
(b) Applicability.--The amendment made by subsection (a) shall only
apply to loans that are registered or endorsed for insurance after the
date of the enactment of this Act.
SEC. 5. MAXIMUM LOAN LIMITS.
(a) Dollar Amounts.--Paragraph (1) of section 2(b) of the National
Housing Act (12 U.S.C. 1703(b)(1)) is amended--
(1) in clause (ii) of subparagraph (A), by striking
``$17,500'' and inserting ``$25,090'';
(2) in subparagraph (C) by striking ``$48,600'' and
inserting ``$69,678'';
(3) in subparagraph (D) by striking ``$64,800'' and
inserting ``$92,904'';
(4) in subparagraph (E) by striking ``$16,200'' and
inserting ``$23,226''; and
(5) by realigning subparagraphs (C), (D), and (E) 2 ems to
the left so that the left margins of such subparagraphs are
aligned with the margins of subparagraphs (A) and (B).
(b) Annual Indexing.--Subsection (b) of section 2 of the National
Housing Act (12 U.S.C. 1703(b)), as amended by the preceding provisions
of this Act, is further amended by adding at the end the following new
paragraph:
``(9) Annual indexing of manufactured housing loans.--The
Secretary shall develop a method of indexing in order to
annually adjust the loan limits established in subparagraphs
(A)(ii), (C), (D), and (E) of this subsection. Such index shall
be based on the manufactured housing price data collected by
the United States Census Bureau. The Secretary shall establish
such index no later than one year after the date of the
enactment of the FHA Manufactured Housing Loan Modernization
Act of 2007.''.
(c) Technical and Conforming Changes.--Paragraph (1) of section
2(b) of the National Housing Act (12 U.S.C. 1703(b)(1)) is amended--
(1) by striking ``No'' and inserting ``Except as provided
in the last sentence of this paragraph, no''; and
(2) by adding after and below subparagraph (G) the
following:
``The Secretary shall, by regulation, annually increase the dollar
amount limitations in subparagraphs (A)(ii), (C), (D), and (E) (as such
limitations may have been previously adjusted under this sentence) in
accordance with the index established pursuant to paragraph (9).''.
SEC. 6. INSURANCE PREMIUMS.
Subsection (f) of section 2 of the National Housing Act (12 U.S.C.
1703(f)) is amended--
(1) by inserting ``(1) Premium Charges.--'' after ``(f)'';
and
(2) by adding at the end the following new paragraph:
``(2) Manufactured Home Loans.--Notwithstanding paragraph (1), in
the case of a loan, advance of credit, or purchase in connection with a
manufactured home or a lot on which to place such a home (or both), the
premium charge for the insurance granted under this section shall be
paid by the borrower under the loan or advance of credit, as follows:
``(A) At the time of the making of the loan, advance of
credit, or purchase, a single premium payment in an amount not
to exceed 2.25 percent of the amount of the original insured
principal obligation.
``(B) In addition to the premium under subparagraph (A),
annual premium payments during the term of the loan, advance,
or obligation purchased in an amount not exceeding 1.0 percent
of the remaining insured principal balance (excluding the
portion of the remaining balance attributable to the premium
collected under subparagraph (A) and without taking into
account delinquent payments or prepayments).
``(C) Premium charges under this paragraph shall be
established in amounts that are sufficient, but do not exceed
the minimum amounts necessary, to maintain a negative credit
subsidy for the program under this section for insurance of
loans, advances of credit, or purchases in connection with a
manufactured home or a lot on which to place such a home (or
both), as determined based upon risk to the Federal Government
under existing underwriting requirements.
``(D) The Secretary may increase the limitations on premium
payments to percentages above those set forth in subparagraphs
(A) and (B), but only if necessary, and not in excess of the
minimum increase necessary, to maintain a negative credit
subsidy as described in subparagraph (C).''.
SEC. 7. TECHNICAL CORRECTIONS.
(a) Dates.--Subsection (a) of section 2 of the National Housing Act
(12 U.S.C. 1703(a)) is amended--
(1) by striking ``on and after July 1, 1939,'' each place
such term appears; and
(2) by striking ``made after the effective date of the
Housing Act of 1954''.
(b) Authority of Secretary.--Subsection (c) of section 2 of the
National Housing Act (12 U.S.C. 1703(c)) is amended to read as follows:
``(c) Handling and Disposal of Property.--
``(1) Authority of secretary.--Notwithstanding any other
provision of law, the Secretary may--
``(A) deal with, complete, rent, renovate,
modernize, insure, or assign or sell at public or
private sale, or otherwise dispose of, for cash or
credit in the Secretary's discretion, and upon such
terms and conditions and for such consideration as the
Secretary shall determine to be reasonable, any real or
personal property conveyed to or otherwise acquired by
the Secretary, in connection with the payment of
insurance heretofore or hereafter granted under this
title, including any evidence of debt, contract, claim,
personal property, or security assigned to or held by
him in connection with the payment of insurance
heretofore or hereafter granted under this section; and
``(B) pursue to final collection, by way of
compromise or otherwise, all claims assigned to or held
by the Secretary and all legal or equitable rights
accruing to the Secretary in connection with the
payment of such insurance, including unpaid insurance
premiums owed in connection with insurance made
available by this title.
``(2) Advertisements for proposals.--Section 3709 of the
Revised Statutes shall not be construed to apply to any
contract of hazard insurance or to any purchase or contract for
services or supplies on account of such property if the amount
thereof does not exceed $25,000.
``(3) Delegation of authority.--The power to convey and to
execute in the name of the Secretary, deeds of conveyance,
deeds of release, assignments and satisfactions of mortgages,
and any other written instrument relating to real or personal
property or any interest therein heretofore or hereafter
acquired by the Secretary pursuant to the provisions of this
title may be exercised by an officer appointed by the Secretary
without the execution of any express delegation of power or
power of attorney. Nothing in this subsection shall be
construed to prevent the Secretary from delegating such power
by order or by power of attorney, in the Secretary's
discretion, to any officer or agent the Secretary may
appoint.''.
SEC. 8. REVISION OF UNDERWRITING CRITERIA.
(a) In General.--Subsection (b) of section 2 of the National
Housing Act (12 U.S.C. 1703(b)), as amended by the preceding provisions
of this Act, is further amended by adding at the end the following new
paragraph:
``(10) Financial soundness of manufactured housing
program.--The Secretary shall establish such underwriting
criteria for loans and advances of credit in connection with a
manufactured home or a lot on which to place a manufactured
home (or both), including such loans and advances represented
by obligations purchased by financial institutions, as may be
necessary to ensure that the program under this title for
insurance for financial institutions against losses from such
loans, advances of credit, and purchases is financially
sound.''.
(b) Timing.--Not later than the expiration of the 6-month period
beginning on the date of the enactment of this Act, the Secretary of
Housing and Urban Development shall revise the existing underwriting
criteria for the program referred to in paragraph (10) of section 2(b)
of the National Housing Act (as added by subsection (a) of this
section) in accordance with the requirements of such paragraph.
SEC. 9. REQUIREMENT OF SOCIAL SECURITY ACCOUNT NUMBER FOR ASSISTANCE.
Section 2 of the National Housing Act (12 U.S.C. 1703) is amended
by adding at the end the following new subsection:
``(j) Requirement of Social Security Account Number for
Financing.--No insurance shall be granted under this section with
respect to any obligation representing any loan, advance of credit, or
purchase by a financial institution unless the borrower to which the
loan or advance of credit was made, and each member of the family of
the borrower who is 18 years of age or older or is the spouse of the
borrower, has a valid social security number.''.
SEC. 10. GAO STUDY OF MITIGATION OF TORNADO RISKS TO MANUFACTURED
HOMES.
The Comptroller General of the United States shall assess how the
Secretary of Housing and Urban Development utilizes the FHA
manufactured housing loan insurance program under title I of the
National Housing Act, the community development block grant program
under title I of the Housing and Community Development Act of 1974, and
other programs and resources available to the Secretary to mitigate the
risks to manufactured housing residents and communities resulting from
tornados. The Comptroller General shall submit to the Congress a report
on the conclusions and recommendations of the assessment conducted
pursuant to this section not later than the expiration of the 12-month
period beginning on the date of the enactment of this Act.
Passed the House of Representatives June 25, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | FHA Manufactured Housing Loan Modernization Act of 2007 - Amends the National Housing Act with respect to Federal Housing Administration (FHA) housing loan insurance for manufactured homes (or lots for such homes).
(Sec. 3) Exempts such loans from certain financial institution portfolio limits, increasing an allowable claim for loss from 10% to 90% of an institution's total amount of such loans, credit advances, and purchases.
(Sec. 4) Makes any new contract of insurance for such loans, credit advances, or purchases conclusive evidence of an institution's insurance eligibility. (Thus requires each loan to be insured individually instead of as part of a bundle of such loans.)
(Sec. 5) Increases loan limits, requiring annual indexing.
(Sec. 6) Prescribes requirements for payment by a borrower of premium charges for credit insurance, including an up-front premium of up to 2.25% and an annual premium of up to 1%.
(Sec. 7) Revises requirements for the handling and disposal of any real or personal conveyed to or acquired by the Secretary of Housing and Urban Development (HUD), and the pursuit of all claims against mortgagors assigned to the Secretary by mortgagees.
(Sec. 8) Directs the Secretary of HUD to: (1) establish underwriting criteria for loans and credit in connection with a manufactured home, or a lot for one, that will ensure the manufactured housing program's financial soundness; and (2) revise within six months existing criteria to accord with those established under this Act.
(Sec. 9) Prohibits any grant of credit insurance to a financial institution unless the borrower to which a housing renovation or modernization loan or advance of credit was made, and each member of the borrower's family age 18 years or older, including the borrower's spouse, has a valid Social Security number.
(Sec. 10) Directs the Comptroller General to assess, and report to Congress on, how the Secretary of HUD utilizes the FHA manufactured housing loan insurance program, the community development block grant program, and other programs and resources to mitigate the risks to manufactured housing residents and communities resulting from tornados. | To modernize the manufactured housing loan insurance program under title I of the National Housing Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expedited Rescissions Act of 2005''.
SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.
(a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
section:
``expedited consideration of certain proposed rescissions
``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In
addition to the method of rescinding budget authority specified in
section 1012, the President may propose, at the time and in the manner
provided in subsection (b), the rescission of any budget authority
provided in an appropriation Act. Funds made available for obligation
under this procedure may not be proposed for rescission again under
this section or section 1012.
``(b) Transmittal of Special Message.--
``(1) Not later than 3 calendar days after the date of
enactment of an appropriation Act, the President may transmit
to Congress a special message proposing to rescind amounts of
budget authority provided in that Act and include with that
special message a draft bill that, if enacted, would only
rescind that budget authority. That bill shall clearly identify
the amount of budget authority that is proposed to be rescinded
for each program, project, or activity to which that budget
authority relates.
``(2) In the case of an appropriation Act that includes
accounts within the jurisdiction of more than one subcommittee
of the Committee on Appropriations, the President in proposing
to rescind budget authority under this section shall send a
separate special message and accompanying draft bill for
accounts within the jurisdiction of each such subcommittee.
``(3) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the matters
referred to in paragraphs (1) through (5) of section 1012(a).
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second legislative day of
the House of Representatives after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of
Representatives shall introduce (by request) the draft bill
accompanying that special message. If the bill is not
introduced as provided in the preceding sentence, then, on the
third legislative day of the House of Representatives after the
date of receipt of that special message, any Member of that
House may introduce the bill.
``(B) The bill shall be referred to the Committee on
Appropriations of the House of Representatives. The committee
shall report the bill without substantive revision, and with or
without recommendation. The bill shall be reported not later
than the seventh legislative day of that House after the date
of receipt of that special message. If the Committee on
Appropriations fails to report the bill within that period,
that committee shall be automatically discharged from
consideration of the bill, and the bill shall be placed on the
appropriate calendar.
``(C) A vote on final passage of the bill referred to in
subparagraph (B) shall be taken in the House of Representatives
on or before the close of the 10th legislative day of that
House after the date of the introduction of the bill in that
House. If the bill is passed, the Clerk of the House of
Representatives shall cause the bill to be engrossed,
certified, and transmitted to the Senate within one calendar
day of the day on which the bill is passed.
``(2)(A) A motion in the House of Representatives to
proceed to the consideration of a bill under this section 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.
``(B) Debate in the House of Representatives on a bill
under this section shall not exceed 4 hours, which shall be
divided equally between those favoring and those opposing the
bill. A motion further to limit debate shall not be debatable.
It shall not be in order to move to recommit a bill under this
section or to move to reconsider the vote by which the bill is
agreed to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill under this section shall be
decided without debate.
``(3)(A) A bill transmitted to the Senate pursuant to
paragraph (1)(C) shall be referred to its Committee on
Appropriations. The committee shall report the bill without
substantive revision and with or without recommendation. The
bill shall be reported not later than the seventh legislative
day of the Senate after it receives the bill. A committee
failing to report the bill within such period shall be
automatically discharged from consideration of the bill, and
the bill shall be placed upon the appropriate calendar.
``(B) A vote on final passage of a bill transmitted to the
Senate shall be taken on or before the close of the 10th
legislative day of the Senate after the date on which the bill
is transmitted.
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill under this section 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.
``(B) Debate in the Senate on a bill under this section,
and all debatable motions and appeals in connection therewith,
shall not exceed 10 hours. The time shall be equally divided
between, and controlled by, the majority leader and the
minority leader or their designees.
``(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill under this section shall be
limited to not more than 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the bill,
except that in the event the manager of the bill 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 bill, allot additional time to any
Senator during the consideration of any debatable motion or
appeal.
``(D) A motion in the Senate to further limit debate on a
bill under this section is not debatable. A motion to recommit
a bill under this section is not in order.
``(d) Amendments and Divisions Prohibited.--No amendment to a bill
considered under this section shall be in order in either the House of
Representatives or the Senate. It shall not be in order to demand a
division of the question in the House of Representatives (or in a
Committee of the Whole) or in the Senate. 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 to suspend the application of this
subsection by unanimous consent.
``(e) Requirement to Make Available for Obligation.--Any amount of
budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the earlier of--
``(1) the day after the date upon which the House of
Representatives defeats the bill transmitted with that special
message rescinding the amount proposed to be rescinded; or
``(2) the day after the date upon which the Senate rejects
a bill that makes rescissions to carry out the applicable
special message of the President.
``(f) Definitions.--For purposes of this section--
``(1) the term `appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing appropriations;
and
``(2) the term `legislative day' means, with respect to
either House of Congress, any calendar day during which that
House is in session.''.
(b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
(1) by striking ``and 1017'' in subsection (a) and
inserting ``1013, and 1018''; and
(2) by striking ``section 1017'' in subsection (d) and
inserting ``sections 1013 and 1018''.
(c) Conforming Amendments.--
(1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
(A) in paragraph (4), by striking ``1013'' and
inserting ``1014''; and
(B) in paragraph (5)--
(i) by striking ``1016'' and inserting
``1017''; and
(ii) by striking ``1017(b)(1)'' and
inserting ``1018(b)(1)''.
(2) Section 1015 of such Act (2 U.S.C. 685) (as
redesignated by section 2(a)) is amended--
(A) by striking ``1012 or 1013'' each place it
appears and inserting ``1012, 1013, or 1014'';
(B) in subsection (b)(1), by striking ``1012'' and
inserting ``1012 or 1013'';
(C) in subsection (b)(2), by striking ``1013'' and
inserting ``1014''; and
(D) in subsection (e)(2)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by striking ``1013'' in subparagraph
(C) (as so redesignated) and inserting
``1014''; and
(iv) by inserting after subparagraph (A)
the following new subparagraph:
``(B) he has transmitted a special message under
section 1013 with respect to a proposed rescission;
and''.
(3) Section 1016 of such Act (2 U.S.C. 686) (as
redesignated by section 2(a)) is amended by striking ``1012 or
1013'' each place it appears and inserting ``1012, 1013, or
1014''.
(d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
(1) by redesignating the items relating to sections 1013
through 1017 as items relating to sections 1014 through 1018;
and
(2) by inserting after the item relating to section 1012
the following new item:
``Sec. 1013. Expedited consideration of certain proposed
rescissions.''.
SEC. 3. APPLICATION.
(a) In General.--Section 1013 of the Congressional Budget and
Impoundment Control Act of 1974 (as added by section 2) shall apply to
amounts of budget authority provided by appropriation Acts (as defined
in subsection (f) of such section) that are enacted during the One
Hundred Ninth Congress and thereafter.
(b) Special Transition Rule.--Within 3 calendar days after the
beginning of a Congress, the President may retransmit a special
message, in the manner provided in section 1013(b) of the Congressional
Budget and Impoundment Control Act of 1974 (as added by section 2),
proposing to rescind only those amounts of budget authority that were
contained in any special message to the immediately preceding Congress
which that Congress failed to consider because of its sine die
adjournment before the close of the time period set forth in such
section 1013 for consideration of those proposed rescissions. A draft
bill shall accompany that special message that, if enacted, would only
rescind that budget authority. Before the close of the second
legislative day of the House of Representatives after the date of
receipt of that special message, the majority leader or minority leader
of the House of Representatives shall introduce (by request) the draft
bill accompanying that special message. If the bill is not introduced
as provided in the preceding sentence, then, on the third legislative
day of the House of Representatives after the date of receipt of that
special message, any Member of that House may introduce the bill. The
House of Representatives and the Senate shall proceed to consider that
bill in the manner provided in such section 1013. | Expedited Rescissions Act of 2005 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose, at any time and in any manner provided in this Act, the rescission of any budget authority in an appropriation Act.
Prohibits funds made available for obligation under this procedure from being proposed for rescission again.
Sets forth requirements for: (1) the President's transmittal to Congress of a special message regarding a proposed rescission; and (2) expedited consideration of such proposal. | To amend the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of certain proposed rescissions of budget authority. |
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. 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 eighteen months 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. 4. 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. 5. PRESERVATION AND ACCESS TO HISTORICALLY VALUABLE RECORDS.
Federal agencies shall make every effort to identify and designate
historically valuable records during the initial classification process
in order to ensure preservation and timely access to such documents and
records following eventual declassification.
SEC. 6. REPORTS ON PILOT PROGRAMS ON IMPROVEMENTS TO THE
DECLASSIFICATION PROCESSES.
(a) Reports.--The Public Interest Declassification Board shall, in
consultation with the heads of Federal agencies that classify and
review classified information as well as 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. 7. REVIEW OF DECLASSIFICATION PROCEDURES REGARDING INFORMATION
CONTROLLED BY CONGRESS.
The Public Interest Declassification Board shall review the rules
of the Senate and of the House of Representative regarding the
declassification of classified Committee records, including hearings,
meetings, and reports, and make recommendations to improve the
consistency and timeliness of declassification efforts.
SEC. 8. REPORTS.
Not later than 1 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. | Preserving American Access to Information Act This bill directs: (1) the President to take appropriate actions to enhance the authority and capacity of the National Declassification Center under Executive Order 13526, or any successor executive order, to promote a government-wide strategy for the declassification of information; (2) the National Declassification Center to provide for consultation between the Center's advisory panel and the public on a regular basis; (3) federal agencies to make efforts to identify and designate historically valuable records during the initial classification process to ensure preservation and timely access to such records following eventual declassification; (4) the Public Interest Declassification Board to submit reports to Congress on pilot programs to assess the feasibility and advisability of mechanisms to improve the current declassification capabilities of such agencies; and (5) the Public Interest Declassification Board to review the rules of the Senate and the House of Representatives regarding the declassification of classified Committee records and make recommendations to improve declassification efforts. The bill requires federal agency heads that classify information to report to Congress on an assessment of the feasibility and advisability of: (1) replacing the agency's current classification system with a two-tiered system, and (2) declassifying records with classified Formerly Restricted Data. | Preserving American Access to Information Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strong Families Act''.
SEC. 2. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.
(a) In General.--
(1) Allowance of credit.--Subpart D of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by adding at the end the following new section:
``SEC. 45S. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.
``(a) In General.--For purposes of section 38, in the case of an
eligible employer, the paid family and medical leave credit is an
amount equal to 25 percent of the amount of wages paid to qualifying
employees during any period in which such employees are on family and
medical leave.
``(b) Limitations.--
``(1) In general.--The credit allowed under subsection (a)
with respect to any employee for any taxable year shall not
exceed the lesser of--
``(A) $4,000, or
``(B) the product of the wages normally paid to
such employee for each hour (or fraction thereof) of
services performed for the employer and the number of
hours (or fraction thereof) for which family and
medical leave is taken.
For purposes of subparagraph (B), in the case of any employee
who is not paid on an hourly basis, the wages of such employee
shall be prorated to an hourly basis under regulations
established by the Secretary, in consultation with the
Secretary of Labor.
``(2) Maximum amount of leave subject to credit.--The
amount of family and medical leave that may be taken into
account with respect to any employee under subsection (a) for
any taxable year shall not exceed 12 weeks.
``(c) Eligible Employer.--For purposes of this section--
``(1) In general.--The term `eligible employer' means any
employer who has in place a policy that meets the following
requirements:
``(A) The policy provides--
``(i) all qualifying full-time employees
with not less than 4 weeks of annual paid
family and medical leave, and
``(ii) all qualifying employees who are not
full-time employees with an amount of annual
paid family and medical leave that bears the
same ratio to 4 weeks as--
``(I) the number of hours the
employee is expected to work during any
week, bears to
``(II) the number of hours an
equivalent qualifying full-time
employee is expected to work during the
week.
``(B) The policy requires that the rate of payment
under the program is not less than 100 percent of the
wages normally paid to such employee for services
performed for the employer.
``(2) Special rule for certain employers.--
``(A) In general.--An added employer shall not be
treated as an eligible employer unless such employer
provides paid family and medical leave under a policy
with a provision that states that the employer--
``(i) will not interfere with, restrain, or
deny the exercise of or the attempt to
exercise, any right provided under the policy,
and
``(ii) will not discharge or in any other
manner discriminate against any individual for
opposing any practice prohibited by the policy.
``(B) Added employer; added employee.--For purposes
of this paragraph--
``(i) Added employee.--The term `added
employee' means a qualifying employee who is
not covered by title I of the Family and
Medical Leave Act of 1993.
``(ii) Added employer.--The term `added
employer' means an eligible employer
(determined without regard to this paragraph),
whether or not covered by that title I, who
offers paid family and medical leave to added
employees.
``(3) Treatment of state-paid benefits.--For purposes of
paragraph (1), any leave which is paid by a State or local
government shall not be taken into account in determining the
amount of paid family and medical leave provided by the
employer.
``(4) No inference.--Nothing in this subsection shall be
construed as subjecting an employer to any penalty, liability,
or other consequence (other than ineligibility for the credit
allowed by reason of subsection (a)) for failure to comply with
the requirements of this subsection.
``(d) Qualifying Employees.--For purposes of this section, the term
`qualifying employee' means any employee (as defined in section 3(e) of
the Fair Labor Standards Act of 1938) who has been employed by the
employer for 1 year or more.
``(e) Family and Medical Leave.--For purposes of this section, the
term `family and medical leave' means leave for any purpose described
under subparagraph (A), (B), (C), (D), or (E) of paragraph (1), or
paragraph (3), of section 102(a) of the Family and Medical Leave Act of
1993, whether the leave is provided under that Act or by a policy of
the employer. Such term shall not include any leave provided as paid
vacation leave, personal leave, or medical or sick leave (within the
meaning of those 3 terms under section 102(d)(2) of that Act).
``(f) Wages.--For purposes of this section, the term `wages' has
the meaning given such term by subsection (b) of section 3306
(determined without regard to any dollar limitation contained in such
section). Such term shall not include any amount taken into account for
purposes of determining any other credit allowed under this subpart.
``(g) Election To Have Credit Not Apply.--
``(1) In general.--A taxpayer may elect to have this
section not apply for any taxable year.
``(2) Other rules.--Rules similar to the rules of
paragraphs (2) and (3) of section 51(j) shall apply for
purposes of this subsection.''.
(b) Credit Part of General Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 is amended by striking ``plus'' at the
end of paragraph (35), by striking the period at the end of paragraph
(36) and inserting ``, plus'', and by adding at the end the following
new paragraph:
``(37) in the case of an eligible employer (as defined in
section 45S(c)), the paid family and medical leave credit
determined under section 45S(a).''.
(c) Credit Allowed Against AMT.--Subparagraph (B) of section
38(c)(4) of the Internal Revenue Code of 1986 is amended by
redesignating clauses (vii) through (ix) as clauses (vii) through (x),
respectively, and by inserting after clause (vi) the following new
clause:
``(vii) the credit determined under section
45S,''.
(d) Conforming Amendments.--
(1) Denial of double benefit.--Section 280C(a) of the
Internal Revenue Code of 1986 is amended by inserting
``45S(a),'' after ``45P(a),''.
(2) Election to have credit not apply.--Section 6501(m) of
such Code is amended by inserting ``45S(g),'' after
``45H(g),''.
(3) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of such Code is
amended by adding at the end the following new item:
``Sec. 45S. Employer credit for paid family and medical leave.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Strong Families Act - Amends the Internal Revenue Code to allow certain employers a business-related tax credit for up to 25% of the amount of wages paid to their employees during any period (not exceeding 12 weeks) in which such employees are on family and medical leave. Limits the allowable amount of such credit to $4,000 per employee for any taxable year. | Strong Families Act |
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established the National Commission on Presidential War
Powers and Civil Liberties (hereinafter in this Act referred to as the
``Commission'') to investigate the broad range of policies of the
Administration of President George W. Bush that were undertaken under
claims of unreviewable war powers, including detention by the United
States Armed Forces and the intelligence community, the use by the
United States Armed Forces or the intelligence community of enhanced
interrogation techniques or interrogation techniques not authorized by
the Uniform Code of Military Justice, ``ghosting'' or other policies
intended to conceal the fact that an individual has been captured or
detained, extraordinary rendition, domestic warrantless electronic
surveillance, and other policies that the Commission may determine to
be relevant to its investigation (hereinafter in this Act referred to
as ``the activities'').
SEC. 2. DUTIES.
(a) In General.--The Commission shall--
(1) investigate relevant facts, circumstances and law
surrounding the activities; and
(2) report to the President and Congress the findings and
conclusions of the Commission and any recommendations the
Commission considers appropriate.
(b) Consideration and Use of Other Investigations.--In carrying out
its duties, the Commission shall consider and use, to the extent it
deems appropriate, the investigations that have been conducted by other
entities so as to avoid unnecessary duplication.
(c) Protection of National Security.--The Commission shall carry
out its duties in a manner consistent with the need to protect national
security.
SEC. 3. COMPOSITION OF THE COMMISSION.
(a) Members.--Subject to the requirements of subsection (b), the
Commission shall be composed of 9 members, of whom--
(1) 1 member shall be appointed by the President of the
United States;
(2) 2 members shall be appointed by the majority leader of
the Senate;
(3) 2 members shall be appointed by the minority leader of
the Senate;
(4) 2 members shall be appointed by the majority leader of
the House of Representatives; and
(5) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Qualifications.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--No member of the
Commission shall be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions as
governmental service, law enforcement, the armed services,
constitutional law, civil liberties, intelligence gathering,
national security, and foreign affairs.
(4) Deadline for appointment.--All members of the
Commission should be appointed within 120 days after the date
of enactment of this Act.
(5) Initial meeting.--If, 60 days after the date of
enactment of this Act, six or more members of the Commission
have been appointed, those members who have been appointed may
meet and, if necessary, select a temporary Chairperson and Vice
Chairperson, who may begin the operations of the Commission,
including the hiring of staff.
(6) Quorum; vacancies.--After its initial meeting, the
Commission shall meet upon the call of the Chairperson or a
majority of its members. Five members of the Commission shall
constitute a quorum. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(c) Chairperson; Vice Chairperson.--
(1) In general.--Subject to the requirement of paragraph
(2), the Chairperson shall be appointed by the President and
the Vice Chairperson of the Commission shall be appointed by
the Senate minority leader.
(2) Political party affiliation.--The Chairperson and Vice
Chairperson shall not be from the same political party.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings and Evidence.--The Commission may, for purposes of
carrying out this Act--
(1) hold hearings, sit and act at times and places, take
testimony, receive evidence, and administer oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of witnesses and the production of books, records,
correspondence, memoranda, papers, and documents.
(b) Subpoenas.--
(1) Issuance.--
(A) In general.--The Commission may, by a majority
vote, issue subpoenas requiring the attendance and
testimony of witnesses and the production of any
evidence relating to any matter that the Commission is
empowered to investigate under this section. The
attendance of witnesses and the production of evidence
may be required from any place within the United States
at any designated place of hearing within the United
States.
(B) Signature.--Subpoenas issued under this
paragraph may be issued under the signature of the
Chair of the Commission, the chair of any subcommittee
created by a majority of the Commission, or any member
designated by a majority of the Commission and may be
served by any person designated by such Chair,
subcommittee chair, or member.
(2) Enforcement.--
(A) In general.--If a person refuses to obey a
subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order
requiring that person to appear before the Commission
to give testimony, produce evidence, or both, relating
to the matter under investigation. The application may
be made within the judicial district where the hearing
is conducted or where that person is found, resides, or
transacts business. Any failure to obey the order of
the court may be punished by the court as civil
contempt.
(B) Jurisdiction.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1),
the United States district court for the judicial
district in which the subpoenaed person resides, is
served, or may be found, or where the subpoena is
returnable, may issue an order requiring such person to
appear at any designated place to testify or to produce
documentary or other evidence. Any failure to obey the
order of the court may be punished by the court as a
contempt of that court.
(C) Additional enforcement.--In the case of the
failure of a witness to comply with any subpoena or to
testify when summoned under authority of paragraph (1),
the Commission, by majority vote, may certify a
statement of fact attesting to such failure to the
appropriate United States attorney, who shall bring the
matter before the grand jury for its action, under the
same statutory authority and procedures as if the
United States attorney had received a certification
under sections 102 through 104 of the Revised Statutes
of the United States (2 U.S.C. 192 through 194).
(c) Closed Meetings.--Notwithstanding any other provision of law
which would require meetings of the Commission to be open to the
public, any portion of a meeting of the Commission may be closed to the
public if the President determines that such portion is likely to
disclose matters that could endanger national security.
(d) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(e) Information From Federal Agencies.--The Commission may secure
directly from any department, agency, or instrumentality of the United
States any information related to any inquiry of the Commission
conducted under this Act. Each such department, agency, or
instrumentality shall, to the extent authorized by law, furnish such
information directly to the Commission upon request.
(f) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States are authorized to provide to the
Commission such services, funds, facilities, staff, and other
support services as they may determine advisable and as may be
authorized by law.
(g) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(h) Powers of Subcommittees, Members, and Agents.--Any
subcommittee, member, or agent of the Commission may, if authorized by
the Commission, take any action which the Commission is authorized to
take by this section.
SEC. 5. STAFF OF THE COMMISSION.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson and the Vice Chairperson, acting jointly.
(b) Staff.--The Chairperson, in consultation with the Vice
Chairperson, may appoint additional personnel as may be necessary to
enable the Commission to carry out its functions.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates, except that
no rate of pay fixed under this subsection 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. Any individual appointed
under subsection (a) or (b) shall be treated as an employee for
purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(d) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(e) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 6. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at a rate not to exceed the daily equivalent of the annual rate of
basic pay in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day during which that member is engaged in the actual performance of
the duties of the Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate executive departments and agencies shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances in a manner
consistent with existing procedures and requirements, except that no
person shall be provided with access to classified information under
this section who would not otherwise qualify for such security
clearance.
SEC. 8. REPORTS OF THE COMMISSION; TERMINATION.
(a) Initial Report.--Not later than 1 year after the date of the
first meeting of the Commission, the Commission shall submit to the
President and Congress an initial report containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(b) Final Report.--Not later than 6 months after the submission of
the initial report of the Commission, the Commission shall submit to
the President and Congress a final report containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 60 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the second report.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission to carry
out this Act $3,000,000, to remain available until expended or the
Commission is terminated. | Establishes the National Commission on Presidential War Powers and Civil Liberties to investigate, and report to the President and Congress on, the broad range of policies of the Bush Administration that were undertaken under claims of unreviewable war powers, including: (1) detention by the Armed Forces and the intelligence community; (2) the use by such entities of enhanced interrogation techniques or techniques not authorized by the Uniform Code of Military Justice; (3) "ghosting" or other policies intended to conceal an individual's capture or detention; (4) extraordinary rendition; and (5) domestic warrantless electronic surveillance. | To establish a national commission on presidential war powers and civil liberties. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saint Helena Island National Scenic
Area Act''.
SEC. 2. ESTABLISHMENT OF SAINT HELENA ISLAND NATIONAL SCENIC AREA,
MICHIGAN.
(a) Purpose.--The purposes of this Act are--
(1) to preserve and protect for present and future
generations the outstanding resources and values of Saint
Helena Island in Lake Michigan, Michigan; and
(2) to provide for the conservation, protection, and
enhancement of primitive recreation opportunities, fish and
wildlife habitat, vegetation, and historical and cultural
resources of the island.
(b) Establishment.--For the purposes described in subsection (a),
there shall be established the Saint Helena Island National Scenic Area
(in this Act referred to as the ``scenic area'').
(c) Effective Upon Conveyance.--Subsection (b) shall be effective
upon conveyance of satisfactory title to the United States of the whole
of Saint Helena Island, except that portion conveyed to the Great Lakes
Lighthouse Keepers Association pursuant to section 1001 of the Coast
Guard Authorization Act of 1996 (Public Law 104-324; 110 Stat. 3948).
SEC. 3. BOUNDARIES.
(a) Saint Helena Island.--The scenic area shall comprise all of
Saint Helena Island, in Lake Michigan, Michigan, and all associated
rocks, pinnacles, islands, and islets within one-eighth mile of the
shore of Saint Helena Island.
(b) Boundaries of Hiawatha National Forest Extended.--Upon
establishment of the scenic area, the boundaries of the Hiawatha
National Forest shall be extended to include all of the lands within
the scenic area. All such extended boundaries shall be deemed
boundaries in existence as of January 1, 1965, for the purposes of
section 8 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-9).
(c) Payments to Local Governments.--Solely for purposes of payments
to local governments pursuant to section 6902 of title 31, United
States Code, lands acquired by the United States under this Act shall
be treated as entitlement lands.
SEC. 4. ADMINISTRATION AND MANAGEMENT.
(a) Administration.--Subject to valid existing rights, the
Secretary of Agriculture (in this Act referred to as the ``Secretary'')
shall administer the scenic area in accordance with the laws, rules,
and regulations applicable to the National Forest System in furtherance
of the purposes of this Act.
(b) Special Management Requirements.--Within 3 years of the date of
the enactment of this Act, the Secretary shall seek to develop a
management plan for the scenic area as an amendment to the land and
resources management plan for the Hiawatha National Forest. Such an
amendment shall conform to the provisions of this Act. Nothing in this
Act shall require the Secretary to revise the land and resource
management plan for the Hiawatha National Forest pursuant to section 6
of the Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604). In developing a plan for management of the scenic
area, the Secretary shall address the following special management
considerations:
(1) Public access.--Alternative means for providing public
access from the mainland to the scenic area shall be
considered, including any available existing services and
facilities, concessionaires, special use permits, or other
means of making public access available for the purposes of
this Act.
(2) Roads.--After the date of the enactment of this Act, no
new permanent roads shall be constructed within the scenic
area.
(3) Vegetation management.--No timber harvest shall be
allowed within the scenic area, except as may be necessary in
the control of fire, insects, and diseases, and to provide for
public safety and trail access. Notwithstanding the foregoing, the
Secretary may engage in vegetation manipulation practices for
maintenance of wildlife habitat and visual quality. Trees cut for these
purposes may be utilized, salvaged, or removed from the scenic area as
authorized by the Secretary.
(4) Motorized travel.--Motorized travel shall not be
permitted within the scenic area, except on the waters of Lake
Michigan, and as necessary for administrative use in
furtherance of the purposes of this Act.
(5) Fire.--Wildfires shall be suppressed in a manner
consistent with the purposes of this Act, using such means as
the Secretary deems appropriate.
(6) Insects and disease.--Insect and disease outbreaks may
be controlled in the scenic area to maintain scenic quality,
prevent tree mortality, or to reduce hazards to visitors.
(7) Dockage.--The Secretary shall provide through
concession, permit, or other means docking facilities
consistent with the management plan developed pursuant to this
section.
(8) Safety.--The Secretary shall take reasonable actions to
provide for public health and safety and for the protection of
the scenic area in the event of fire or infestation of insects
or disease.
(c) Consultation.--In preparing the management plan, the Secretary
shall consult with appropriate State and local government officials,
provide for full public participation, and consider the views of all
interested parties, organizations, and individuals.
SEC. 5. FISH AND GAME.
Nothing in this Act shall be construed as affecting the
jurisdiction or responsibilities of the State of Michigan with respect
to fish and in the scenic area.
SEC. 6. MINERALS.
Subject to valid existing rights, the lands within the scenic area
are hereby withdrawn from disposition under all laws pertaining to
mineral leasing, including all laws pertaining to geothermal leasing.
Also subject to valid existing rights, the Secretary shall not allow
any mineral development on federally owned land within the scenic area,
except that common varieties of minerals materials, such as stone and
gravel, may be utilized only as authorized by the Secretary to the
extent necessary for construction and maintenance of roads and
facilities within the scenic area.
SEC. 7. ACQUISITION
(a) Acquisition of Lands Within the Scenic Area.--The Secretary
shall acquire, by purchase from willing sellers, gift, or exchange,
lands, waters, structures, or interests therein, including scenic or
other easements, within the boundaries of the scenic area to further
the purposes of this Act.
(b) Acquisition of Other Lands.--The Secretary may acquire, by
purchase from willing sellers, gift, or exchange, not more than 10
acres of land, including any improvements thereon, on the mainland to
provide access to any administrative facilities for the scenic area.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Acquisition of Lands.--There are hereby authorized to be
appropriated such sums a may be necessary for the acquisition of land,
interests in land, or structures within the scenic area and on the
mainland as provided in section 7.
(b) Other Purposes.--In addition to the amounts authorized to be
appropriated under subsection (a), there are authorized to be
appropriated such sums as may be necessary for the development and
implementation of the management plan under section 4(b). | Requires the boundaries of the Hiawatha National Forest to be extended to include such Area. Requires lands acquired by the United States under this Act to be treated as entitlement lands solely for purposes of payments in lieu of taxes to local governments.
Requires the Secretary of Agriculture to seek to develop a management plan for the Area as an amendment to the Land and Resources Management Plan for the Hiawatha National Forest.
Provides that nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of Michigan with respect to fish in the Area.
Withdraws the lands within the Area from disposition under U.S. mineral and geothermal leasing laws. Prohibits the Secretary from allowing any mineral development on federally-owned land within the Area, except for construction and maintenance of roads and facilities within the Area.
Allows the Secretary to acquire: (1) land and structures within the Area to further the purposes of this Act; and (2) not more than ten acres of land (and improvements) on the mainland to provide access to, and administrative facilities for, the Area.
Authorizes appropriations. | Saint Helena Island National Scenic Area Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meth Lab Eradication Act''.
SEC. 2. TRANSFER OF EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE
TO SCHEDULE V; EXCEPTION FOR LIST I PSEUDOEPHEDRINE
PRODUCTS.
(a) Transfer to Schedule V; Exception.--Section 202(c) of the
Controlled Substances Act (21 U.S.C. 812(c)) is amended in schedule V--
(1) by inserting ``(a)'' before ``Any compound''; and
(2) by adding at the end the following:
``(b) Unless specifically excepted or unless listed in another
schedule, any of the following substances, including their salts,
optical isomers, and salts of optical isomers:
``(1) Ephedrine.
``(2) Pseudoephedrine.
``(3) Phenlypropanolamine.
``(c) Pseudoephedrine, including its salts, optical isomers, and
salts of optical isomers, is excepted from this schedule when contained
in a product that--
``(1) is in the form of a liquid, liquid capsule, or
liquid-filled gel capsule;
``(2) does not contain more than 360 milligrams of
pseudoephedrine; and
``(3) is approved under section 505 of the Federal Food,
Drug, and Cosmetic Act.''.
(b) Conforming Amendments Regarding List I Chemicals.--
(1) Definition; striking of provisions relating to
ephedrine and phenylpropanolamine.--Section 102(34) of the
Controlled Substances Act (21 U.S.C. 802(34)) is amended--
(A) by striking subparagraphs (C) and (I);
(B) by redesignating subparagraphs (D) through (H)
as subparagraphs (C) through (G), respectively;
(C) by redesignating subparagraphs (J) through (Y)
as subparagraphs (H) through (W), respectively; and
(D) by moving subparagraphs (N), (Q), and (S) (as
so redesignated) two ems to the left.
(2) List i pseudoephedrine product.--Section 102 of the
Controlled Substances Act (21 U.S.C. 802) is amended--
(A) in paragraph (34), by amending subparagraph (I)
(as redesignated by paragraph (1)(C) of this
subsection) to read as follows:
``(I) Pseudoephedrine, and its salts, optical isomers, and
salts of optical isomers, when contained in a list I
pseudoephedrine product (as defined in paragraph (45)).'';
(B) by striking paragraph (45) and inserting the
following:
``(45) The term `list I pseudoephedrine product' means a chemical
specified in paragraph (34)(I) when contained in a product referred to
in schedule V(c).''; and
(C) in paragraph (46)--
(i) in subparagraph (A), by striking ``or
phenylpropanolamine'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as
subparagraph (B).
(3) Regulated transactions.--The Controlled Substances Act
(21 U.S.C. 801 et seq.) is amended--
(A) in section 102(a)(39)(A), by amending clause
(iv) to read as follows:
``(iv)(I) any transaction in a listed chemical that
is contained in a drug that may be marketed or
distributed lawfully in the United States under the
Federal Food, Drug, and Cosmetic Act (other than a list
I pseudoephedrine product) unless--
``(aa) the Attorney General has determined
under section 204 that the drug or group of
drugs is being diverted to obtain the listed
chemical for use in the illicit production of a
controlled substance; and
``(bb) the quantity of the listed chemical
contained in the drug included in the
transaction or multiple transactions equals or
exceeds the threshold established for that
chemical by the Attorney General; or
``(II) any transaction in a list I pseudoephedrine
product by a retail distributor, unless the Attorney
General has determined under section 204 that the
product is being diverted to obtain pseudoephedrine for
use in the illicit production of methamphetamine; or'';
and
(B) in section 204, by striking subsection (e).
SEC. 3. REQUIREMENTS REGARDING LIST I PSEUDOEPHEDRINE PRODUCTS.
Section 310 of the Controlled Substances Act (21 U.S.C. 830) is
amended--
(1) in subsection (b), by striking paragraph (3); and
(2) by adding at the end the following subsection:
``(d) List I Pseudoephedrine Products.--
``(1) Requirements regarding retail sales.--Each person who
sells at retail a list I pseudoephedrine product shall ensure
that sales of such product are made in accordance with the
following requirements:
``(A) In offering the product for sale, the person
places the product such that customers do not have
direct access to the product before the sale is made
(commonly known as behind-the-counter).
``(B) The person delivers the product directly to
the purchaser, and not through use of the mails or any
private or commercial carrier.
``(C) The person does not sell such a product that
is in the form of a package that can be further broken
down or subdivided into two or more separate and
distinct packages.
``(D) The person does not knowingly sell to an
individual more than one such product during a 24-hour
period.
``(E) The person maintains a written list of sales
of such products that identifies the products, the
purchasers, and the dates and times of the sales (which
list is referred to in this paragraph as the
`logbook)').
``(F) The person does not sell such a product
unless--
``(i) the prospective purchaser--
``(I) is 18 years of age or older;
``(II) presents an identification
card that provides a photograph and is
issued by a State or the Federal
Government; and
``(III) signs the logbook and
legibly prints in the logbook his or
her name, address, and the date and
time of the sale; and
``(ii) the person determines that the name
signed and printed in the logbook corresponds
to the name provided on such identification and
that the date and time entered are correct.
``(G) The person maintains possession of each
logbook for not fewer than two years after the date of
the last sale entered in the logbook.
``(H) The person does not offer a promotion in
which, as part of a purchase transaction, such a
product is provided without charge.
``(I) On the premises of the location involved, the
person posts a clear and conspicuous notice providing
as follows: `Federal law prohibits the over-the-counter
purchase of more than one product containing
pseudoephedrine in a 24-hour period, and prohibits the
over-the-counter purchase of more than 7,500 milligrams
of pseudoephedrine within a 30-day period. If you make
an over-the-counter purchase of such a product, you are
required to sign a logbook that may be accessible to
law enforcement officers.'
``(2) Authority to require certain reports.--
``(A) In general.--With respect to each person who
manufactures a list I pseudoephedrine product, or who
distributes such a product (including a sale at
retail), the Attorney General may by regulation require
the person to report to the Attorney General--
``(i) any uncommon method of payment or
delivery, or any other circumstance that the
person believes may indicate that the product
will be used in violation of this title;
``(ii) any proposed transaction with an
individual or organization whose description or
other identifying characteristic the Attorney
General furnishes in advance to the person; and
``(iii) any unusual or excessive loss or
disappearance of supplies of the product that
are under the control of the person.
``(B) Additional reports for manufacturers and
distributors at wholesale.--With respect to each person
who manufactures a list I pseudoephedrine product, or
who distributes such a product at wholesale, the
Attorney General may by regulation require the person
to report to the Attorney General any transaction
involving an extraordinary quantity of the product.
``(C) Certain regulations.--Regulations under
subparagraphs (A) through (C) of subsection (b)(1)
apply to subparagraphs (A) and (B) of this paragraph to
the extent that the provisions of such subparagraphs of
subsection (b)(1) are identical to the provisions of
such subparagraphs of this paragraph. Subparagraphs (A)
and (B) of this paragraph do not require the Secretary
to promulgate regulations with respect to such
identical provisions.
``(D) Relation to certain exemption.--Subparagraphs
(A) and (B) apply notwithstanding the exemption for
list I pseudoephedrine products under section
102(39)(A)(iv)(II).
``(3) Removal of exception regarding status as list i
chemical.--
``(A) In general.--If the Attorney General
determines that list I pseudoephedrine products are
being diverted for use in the illicit production of
methamphetamine, the Attorney General may by regulation
remove the exception under schedule V(c).
``(B) Relation to section 204.--The authority
established for the Attorney General under subparagraph
(A) is in addition to the authority under section 204.
The Attorney General may apply such section in lieu of
applying subparagraph (A).''.
SEC. 4. REQUIREMENTS REGARDING SCHEDULE V METHAMPHETAMINE-RELATED
PRODUCTS.
(a) In General.--Section 303 of the Controlled Substances Act (21
U.S.C. 823) is amended by adding at the end the following subsection:
``(i) With respect to schedule V methamphetamine-related products
that do not require prescriptions, a registration under this section
for a pharmacy shall provide that, for the general physical location
involved, the registration is subject to the condition that a sale of
such a product at retail be made in accordance with the same
requirements as apply under subparagraphs (B) through (I) of section
310(d)(1) for the sale at retail of list I pseudoephedrine products.''.
(b) Conforming Amendment.--Section 201(g)(1) of the Controlled
Substances Act (21 U.S.C. 811(g)(1)), as amended by section 2(b)(1) of
Public Law 108-358 (118 Stat. 1663), is amended--
(1) by striking ``titles II and III of the Comprehensive
Drug Abuse Prevention and Control Act (21 U.S.C. 802 et seq.)''
and inserting ``this title and title III''; and
(2) by adding at the end the following: ``The preceding
sentence does not apply to controlled substances specified in
schedule V(b).''.
(c) Definitions.--Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended--
(1) by redesignating paragraph (46) (as amended by section
2(b)(2)(C) of this Act) as paragraph (47); and
(2) by inserting after paragraph (45) the following
paragraph:
``(46)(A) The term `schedule V methamphetamine-related product'
means a product that is approved under section 505 of the Federal Food,
Drug, and Cosmetic Act and--
``(i) contains ephedrine or phenylpropanolamine; or
``(ii)(I) contains pseudoephedrine; and
``(II) is not a list I pseudoephedrine product.
``(B) The term `schedule V pseudoephedrine product' means a product
described in subparagraph (A) to which clause (ii) of such subparagraph
applies.''.
SEC. 5. ENFORCEMENT.
(a) Sales at Retail of Methamphetamine-Related Products.--
(1) In general.--Section 402 of the Controlled Substances
Act (21 U.S.C. 842) is amended--
(A) in subsection (a)--
(i) in paragraph (5), by inserting ``,
other than section 310(d)(2)'' before the
semicolon;
(ii) in paragraph (10), by striking
``section 310; or'' and inserting ``section
310, other than subsection (d)(2);'';
(iii) in paragraph (11), by striking the
period at the end and inserting a semicolon;
and
(iv) by inserting after paragraph (11) the
following paragraphs:
``(12) who is a retail distributor to knowingly or
negligently sell at retail a list I pseudoephedrine product in
violation of a requirement under section 310(d)(1), or who is a
manufacturer or distributor (retail or wholesale) to fail to
submit a report regarding such a product that is required under
section 310(d)(2) or regulations under such section; or
``(13) who is a pharmacy or pharmacist registered under
section 303(f) to knowingly or negligently sell at retail a
schedule V methamphetamine-related product in violation of any
requirement under section 303(i);''; and
(B) in subsection (c)(1)(B), by inserting before
the period the following: ``, except that this
subparagraph does not apply to a violation of
subsection (a) or (b) of section 310 with respect to a
list I pseudoephedrine product by a person who is not a
retail distributor''.
(2) Conforming amendments.--Section 401 of the Controlled
Substances Act (21 U.S.C. 841) is amended--
(A) in subsection (b)(3), in the first sentence, by
inserting after ``shall'' the following: ``, except to
the extent that section 402(a)(13) applies,''; and
(B) in subsection (f)--
(i) in paragraph (1), by inserting after
``shall'' the following: ``, except to the
extent that section 402(a)(12) applies,''; and
(ii) in paragraph (2), by inserting ``,
other than subsection (d)(2),'' after ``section
310''.
(b) Restrictions on Retail Purchases of Pseudoephedrine Products;
Violation of Logbook Requirements for Methamphetamine-Related
Products.--Section 404(a) of the Controlled Substances Act (21 U.S.C.
844(a)) is amended by inserting after the second sentence the
following: ``It shall be unlawful for any person to knowingly or
intentionally purchase at retail without a prescription more than one
schedule V or list I pseudoephedrine product during a 24-hour period,
or more than 7,500 milligrams of pseudoephedrine in such products
during a 30-day period, or to knowingly or intentionally purchase a
schedule V methamphetamine-related product or a list I pseudoephedrine
product without signing the appropriate logbook and printing
information in accordance with section 310(d)(1)(F)(i)(III) or
303(i).''.
(c) Controlled Substances; Unauthorized Manufacturing-Related
Possession or Distribution of Ephedrine, Pseudoephedrine, or
Phenylpropanolamine; Distribution in General.--Section 401 of the
Controlled Substances Act (21 U.S.C. 841) is amended--
(1) in subsection (b)(3) (as amended by subsection
(a)(2)(A) of this section), in the first sentence, by inserting
``subsection (g) or'' before ``section 402(a)(13)'' ; and
(2) by adding at the end the following:
``(g)(1) Any person who possesses a controlled substance specified
in schedule V(b) with intent to manufacture a controlled substance
except as authorized by this title, or who possesses, distributes, or
dispenses such a substance knowing, or having reasonable cause to
believe, that the substance will be used to manufacture a controlled
substance except as authorized by this title, shall be sentenced in
accordance with the same provisions as apply under subsection (c).
``(2) Any person who knowingly distributes or dispenses a
controlled substance specified in schedule V(b) in violation of this
title shall, except to the extent that section 402(a)(13) applies, be
fined under title 18, United States Code, or imprisoned not more than 5
years, or both.''.
SEC. 6. IMPORTS.
Section 1002(a) of the Controlled Substances Import and Export Act
(21 U.S.C. 952(a)) is amended--
(1) in the heading for the section, by adding at the end
the following: ``and ephedrine, pseudoephedrine, and
phenylpropanolamine'';
(2) in the matter preceding paragraph (1), by inserting
``or ephedrine, pseudoephedrine, or phenylpropanolamine,''
after ``schedule III, IV, or V of title II,''; and
(3) in paragraph (1), by inserting ``, and of ephedrine,
pseudoephedrine, and phenylpropanolamine, '' after ``coca
leaves''. | Meth Lab Eradication Act - Amends the Controlled Substances Act to transfer ephedrine, pseudoephedrine, and phenylpropanolamine to schedule V. Excepts pseudoephedrine contained in a product that: (1) is in the form of a liquid, liquid capsule, or liquid-filled gel capsule; (2) does not contain more than 360 milligrams of pseudoephedrine; and (3) is approved under the Federal Food, Drug, and Cosmetic Act.
Revises the definition of "regulated transaction" to exclude specified transactions involving drugs or products that the Attorney General determines are being diverted for illicit purposes. Repeals a provision requiring the Attorney General to reinstate an exemption with respect to a particular ephedrine, pseudoephedrine, or phenylpropanolamine drug product upon determining that the product is manufactured and distributed in a manner that prevents diversion.
Places restrictions on the sale of list I pseudoephedrine products and schedule V methamphetamine-related products. Requires a person selling list I products to: (1) place the products where the customers do not have direct access to them; (2) maintain a sales logbook that identifies the products, purchasers, dates, and times of sales; (3) not sell such products to persons under age 18; and (4) post on the premises a clear and conspicuous notice stating that federal law prohibits the over-the-counter purchase of more than one product containing pseudoephedrine in a 24-hour period or of more than 7,500 milligrams of pseudoephedrine within a 30-day period.
Sets penalties for violations of this Act.
Amends the Controlled Substances Import and Export Act to prohibit (with exceptions) the importation of ephedrine, pseudoephedrine, and phenylpropanolamine. | To amend the Controlled Substances Act to provide for the transfer of ephedrine, pseudoephedrine, and phenylpropanolamine to schedule V of the schedules of controlled substances, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Nonprofit Research and
Education Corporations Enhancement Act of 2009''.
SEC. 2. GENERAL AUTHORITIES ON ESTABLISHMENT OF CORPORATIONS.
(a) Authorization of Multi-medical Center Research Corporations.--
(1) In general.--Section 7361 of title 38, United States
Code, is amended--
(A) by redesignating subsection (b) as subsection
(e); and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b)(1) Subject to paragraph (2), a corporation established under
this subchapter may facilitate the conduct of research, education, or
both at more than one medical center. Such a corporation shall be known
as a `multi-medical center research corporation'.
``(2) The board of directors of a multi-medical center research
corporation under this subsection shall include the official at each
Department medical center concerned who is, or who carries out the
responsibilities of, the medical center director of such center as
specified in section 7363(a)(1)(A)(i) of this title.
``(3) In facilitating the conduct of research, education, or both
at more than one Department medical center under this subchapter, a
multi-medical center research corporation may administer receipts and
expenditures relating to such research, education, or both, as
applicable, performed at the Department medical centers concerned.''.
(2) Expansion of existing corporations to multi-medical
center research corporations.--Such section is further amended
by adding at the end the following new subsection:
``(f) A corporation established under this subchapter may act as a
multi-medical center research corporation under this subchapter in
accordance with subsection (b) if--
``(1) the board of directors of the corporation approves a
resolution permitting facilitation by the corporation of the
conduct of research, education, or both at the other Department
medical center or medical centers concerned; and
``(2) the Secretary approves the resolution of the
corporation under paragraph (1).''.
(b) Restatement and Modification of Authorities on Applicability of
State Law.--
(1) In general.--Section 7361 of such title, as amended by
subsection (a) of this section, is further amended by inserting
after subsection (b) the following new subsection (c):
``(c) Any corporation established under this subchapter shall be
established in accordance with the nonprofit corporation laws of the
State in which the applicable Department medical center is located and
shall, to the extent not inconsistent with any Federal law, be subject
to the laws of such State. In the case of any multi-medical center
research corporation that facilitates the conduct of research,
education, or both at Department medical centers located in different
States, the corporation shall be established in accordance with the
nonprofit corporation laws of the State in which one of such Department
medical centers is located.''.
(2) Conforming amendment.--Section 7365 of such title is
repealed.
(c) Clarification of Status of Corporations.--Section 7361 of such
title, as amended by this section, is further amended--
(1) in subsection (a), by striking the second sentence; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) Except as otherwise provided in this subchapter or under
regulations prescribed by the Secretary, any corporation established
under this subchapter, and its officers, directors, and employees,
shall be required to comply only with those Federal laws, regulations,
and executive orders and directives that apply generally to private
nonprofit corporations.
``(2) A corporation under this subchapter is not--
``(A) owned or controlled by the United States; or
``(B) an agency or instrumentality of the United States.''.
(d) Reinstatement of Requirement for 501(c)(3) Status of
Corporations.--Subsection (e) of section 7361 of such title, as
redesignated by subsection (a)(1) of this section, is further amended
by inserting ``section 501(c)(3) of'' after ``exempt from taxation
under''.
SEC. 3. CLARIFICATION OF PURPOSES OF CORPORATIONS.
(a) Clarification of Purposes.--Subsection (a) of section 7362 of
title 38, United States Code, is amended in the first sentence--
(1) by striking ``Any corporation'' and all that follows
through ``facilitate'' and inserting ``A corporation
established under this subchapter shall be established to
provide a flexible funding mechanism for the conduct of
approved research and education at one or more Department
medical centers and to facilitate functions related to the
conduct of''; and
(2) by inserting before the period at the end the
following: ``or centers''.
(b) Modification of Defined Term Relating to Education and
Training.--Subsection (b) of such section is amended in the matter
preceding paragraph (1) by striking ``the term `education and
training''' and inserting ``the term `education' includes education and
training and''.
(c) Repeal of Role of Corporations With Respect to Fellowships.--
Paragraph (1) of subsection (b) of such section is amended by striking
the flush matter following subparagraph (C).
(d) Availability of Education for Families of Veteran Patients.--
Paragraph (2) of subsection (b) of such section is amended by striking
``to patients and to the families'' and inserting ``and includes
education and training for patients and families''.
SEC. 4. MODIFICATION OF REQUIREMENTS FOR BOARDS OF DIRECTORS OF
CORPORATIONS.
(a) Requirements for Department Board Members.--Paragraph (1) of
section 7363(a) of title 38, United States Code, is amended to read as
follows:
``(1) with respect to the Department medical center--
``(A)(i) the director (or directors of each
Department medical center, in the case of a multi-
medical center research corporation);
``(ii) the chief of staff; and
``(iii) as appropriate for the activities of such
corporation, the associate chief of staff for research
and the associate chief of staff for education; or
``(B) in the case of a Department medical center at
which one or more of the positions referred to in
subparagraph (A) do not exist, the official or
officials who are responsible for carrying out the
responsibilities of such position or positions at the
Department medical center; and''.
(b) Requirements for Non-department Board Members.--Paragraph (2)
of such section is amended--
(1) by inserting ``not less than two'' before ``members'';
and
(2) by striking ``and who'' and all that follows through
the period at the end and inserting ``and who have backgrounds,
or business, legal, financial, medical, or scientific
expertise, of benefit to the operations of the corporation.''.
(c) Clarification That Department Employees May Serve as Executive
Directors.--Subsection (b) of section 7363 of such title is amended in
the first sentence, by inserting after ``executive director who'' the
following: ``may be an employee of the Department and who''.
(d) Conflicts of Interest.--Subsection (c) of section 7363 of such
title is amended by striking ``, employed by, or have any other
financial relationship with'' and inserting ``or employed by''.
SEC. 5. CLARIFICATION OF POWERS OF CORPORATIONS.
(a) In General.--Section 7364 of title 38, United States Code, is
amended to read as follows:
``Sec. 7364. General powers
``(a) In General.--(1) A corporation established under this
subchapter may, solely to carry out the purposes of this subchapter--
``(A) accept, administer, retain, and spend funds derived
from gifts, contributions, grants, fees, reimbursements, and
bequests from individuals and public and private entities;
``(B) enter into contracts and agreements with individuals
and public and private entities;
``(C) subject to paragraph (2), set fees for education and
training facilitated under section 7362 of this title, and
receive, retain, administer, and spend funds in furtherance of
such education and training;
``(D) reimburse amounts to the applicable appropriation
account of the Department for the Office of General Counsel for
any expenses of that Office in providing legal services
attributable to research and education agreements under this
subchapter; and
``(E) employ such employees as the corporation considers
necessary for such purposes and fix the compensation of such
employees.
``(2) Fees charged pursuant to paragraph (1)(C) for education and
training described in that paragraph to individuals who are officers or
employees of the Department may not be paid for by any funds
appropriated to the Department.
``(3) Amounts reimbursed to the Office of General Counsel under
paragraph (1)(D) shall be available for use by the Office of the
General Counsel only for staff and training, and related travel, for
the provision of legal services described in that paragraph and shall
remain available for such use without fiscal year limitation.
``(b) Transfer and Administration of Funds.--(1) Except as provided
in paragraph (2), any funds received by the Secretary for the conduct
of research or education at a Department medical center or centers,
other than funds appropriated to the Department, may be transferred to
and administered by a corporation established under this subchapter for
such purposes.
``(2) A Department medical center may reimburse the corporation for
all or a portion of the pay, benefits, or both of an employee of the
corporation who is assigned to the Department medical center if the
assignment is carried out pursuant to subchapter VI of chapter 33 of
title 5.
``(3) A Department medical center may retain and use funds provided
to it by a corporation established under this subchapter. Such funds
shall be credited to the applicable appropriation account of the
Department and shall be available, without fiscal year limitation, for
the purposes of that account.
``(c) Research Projects.--Except for reasonable and usual
preliminary costs for project planning before its approval, a
corporation established under this subchapter may not spend funds for a
research project unless the project is approved in accordance with
procedures prescribed by the Under Secretary for Health for research
carried out with Department funds. Such procedures shall include a
scientific review process.
``(d) Education Activities.--Except for reasonable and usual
preliminary costs for activity planning before its approval, a
corporation established under this subchapter may not spend funds for
an education activity unless the activity is approved in accordance
with procedures prescribed by the Under Secretary for Health.
``(e) Policies and Procedures.--The Under Secretary for Health may
prescribe policies and procedures to guide the spending of funds by
corporations established under this subchapter that are consistent with
the purpose of such corporations as flexible funding mechanisms and
with Federal and State laws and regulations, and executive orders,
circulars, and directives that apply generally to the receipt and
expenditure of funds by nonprofit organizations exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986.''.
(b) Conforming Amendment.--Section 7362(a) of such title, as
amended by section 3(a)(1) of this Act, is further amended by striking
the last sentence.
SEC. 6. REDESIGNATION OF SECTION 7364A OF TITLE 38, UNITED STATES CODE.
(a) Redesignation.--Section 7364A of title 38, United States Code,
is redesignated as section 7365 of such title.
(b) Clerical Amendments.--The table of sections at the beginning of
chapter 73 of such title is amended--
(1) by striking the item relating to section 7364A; and
(2) by striking the item relating to section 7365 and
inserting the following new item:
``7365. Coverage of employees under certain Federal tort claims
laws.''.
SEC. 7. IMPROVED ACCOUNTABILITY AND OVERSIGHT OF CORPORATIONS.
(a) Additional Information in Annual Reports.--Subsection (b) of
section 7366 of title 38, United States Code, is amended to read as
follows:
``(b)(1) Each corporation shall submit to the Secretary each year a
report providing a detailed statement of the operations, activities,
and accomplishments of the corporation during that year.
``(2)(A) A corporation with revenues in excess of $500,000 for any
year shall obtain an audit of the corporation for that year.
``(B) A corporation with annual revenues between $100,000 and
$500,000 shall obtain an audit of the corporation at least once every
three years.
``(C) Any audit under this paragraph shall be performed by an
independent auditor.
``(3) The corporation shall include in each report to the Secretary
under paragraph (1) the following:
``(A) The most recent audit of the corporation under
paragraph (2).
``(B) The most recent Internal Revenue Service Form 990
`Return of Organization Exempt from Income Tax' or equivalent
and the applicable schedules under such form.''.
(b) Conflict of Interest Policies.--Subsection (c) of such section
is amended to read as follows:
``(c) Each director, officer, and employee of a corporation
established under this subchapter shall be subject to a conflict of
interest policy adopted by that corporation.''.
(c) Establishment of Appropriate Payee Reporting Threshold.--
Subsection (d)(3)(C) of such sec-
tion is amended by striking ``$35,000'' and inserting ``$50,000''.
Passed the House of Representatives July 27, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Veterans Nonprofit Research and Education Corporations Enhancement Act of 2009 - (Sec. 2) Amends federal provisions concerning the establishment at Department of Veterans Affairs (VA) medical facilities of nonprofit research and education corporations (NRECs) to allow an NREC to facilitate the conduct of research or education, or both, at more than one VA medical center. States that such an NREC shall be known as a multi-medical center research corporation (MCRC).
Allows an NREC to act as a MCRC if: (1) the NREC board of directors approve a resolution permitting that NREC to act as a MCRC; and (2) the Secretary of Veterans Affairs approves the resolution.
Requires each NREC and MCRC (corporation) to be established in accordance with the nonprofit corporation laws of the state in which the VA medical center which it supports is located. States that neither such corporation shall be considered to be owned by, or an agent or instrumentality of, the United States.
(Sec. 3) Restates the purposes of the corporations, including with respect to their role in: (1) providing a flexible funding mechanism; and (2) residencies or similar programs.
(Sec. 4) Modifies the composition of corporation boards of directors. Revises requirements concerning non-VA members of boards of directors of NRECs and MCRCs to: (1) state a minimum number who are not officers or employees of the federal government; and (2) expand the required areas of experience or expertise.
Allows a corporation executive director to be an employee of the VA.
Removes financial relationship restrictions from conflict of interest standards applicable to directors.
(Sec. 5) Increases authorized corporate powers of the corporations to include entering into contracts and setting fees for education and training facilitated through a corporation.
(Sec. 7) Revises annual report procedures to modify the thresholds for the obtaining of audits and require submission of an Internal Revenue Service return form applicable to organizations exempt from income tax.
Revises conflict of interest policies applicable to directors, officers, and employees of a corporation to apply the policy adopted by the corporation (under current law, they are subject to federal laws and regulations applicable to federal employees).
Revises requirements for a report to Congress to increase the threshold for providing information identifying payees of the corporation. | To amend title 38, United States Code, to modify and update provisions of law relating to nonprofit research and education corporations, and for other purposes. |
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.''. | 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. 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. | United States Commission on International Religious Freedom Reauthorization Act of 2015 |
SECTION 1. TRANSFER TO A PRIVATE CORPORATION.
(a) In General.--In accordance with the plan prescribed under
section 3, all right, title, and interest of the United States in and
to all property of the Postal Service shall be transferred to a
corporation if, within 1 year after the date of the enactment of this
Act, such corporation satisfies the requirements set forth in section
2.
(b) Specific Requirement.--The plan prescribed under section 3
shall include such provisions as may be necessary to ensure that no
payment shall be required in consideration for any rights or assets of
the Postal Service which are transferred pursuant to this Act.
SEC. 2. REQUIREMENTS FOR THE CORPORATION.
(a) In General.--A corporation shall be considered to satisfy the
requirements of this section if such corporation--
(1) is incorporated under the laws of a State;
(2) is not a department, agency, or establishment of the
United States;
(3) is incorporated by not more than 9 individuals who are
especially qualified to establish and operate an effective mail
system by virtue of their education, training, or experience,
and who are chosen by the employees of the Postal Service in an
election which shall be held at such time and in such manner as
the President shall by regulation prescribe;
(4) includes among its purposes the delivery of postal
services in a manner consistent with section 101(b) of title
39, United States Code, at rates established in a manner
consistent with section 101(d) of such title;
(5) issues securities in a manner consistent with
subsection (b); and
(6) satisfies such other requirements as the President may
by regulation prescribe in order to carry out the purposes of
this Act.
(b) Securities.--Any securities issued by the corporation--
(1) shall, during the 1-year period beginning on the date
of the enactment of this Act, be issued--
(A) only to employees of the Postal Service; and
(B) in a manner to be determined by the Postal
Privatization Commission.
(c) Retirement Benefits.--Retirement benefits provided to
individuals who become employees of the corporation by transfer from
the Postal Service must be comparable to those which would have been
afforded to those individuals as employees of the Postal Service had
this Act not been enacted.
SEC. 3. TRANSFER PLAN; PRESIDENTIAL DETERMINATION; RATE-SETTING
AUTHORITY.
(a) Transfer Plan.--Not later than the sixtieth day after the date
on which a corporation first satisfies the requirements of section 2,
as determined under subsection (b), the President shall, in conformance
with the requirements of section 1, and after consultation with the
Postal Privatization Commission, transmit to Congress--
(1) a comprehensive plan providing for the orderly transfer
of all property subject to this Act, including a timetable
under which such transfer is completed not later than 180 days
after the date on which such corporation first satisfies such
requirements; and
(2) such recommendations for legislation as the President
considers necessary in order to carry out the plan described in
paragraph (1), including recommendations--
(A) for the abolishment of the Postal Service;
(B) for the continuation of the private express
statutes with respect to the corporation during the
first 5 years of its existence; and
(C) for the repeal or modification of appropriate
Federal statutes.
(b) Presidential Determination.--The President shall, for purposes
of this section, determine the date on which a corporation first
satisfies the requirements of section 2.
(c) Rate-Setting Authority.--After consulting with the Postal Rate
Commission, the President shall develop and include as part of the
recommendations submitted under subsection (a) proposals relating to
the means by which rates of postage would be established during the 5-
year period referred to in subsection (a)(2)(B). Such recommendations
may include continuing any operations of the Postal Rate Commission
(whether on a modified basis or otherwise) which may be appropriate.
SEC. 4. POSTAL PRIVATIZATION COMMISSION.
(a) Establishment.--In order to carry out the functions set forth
in sections 2(b)(1)(B) and 3(a), there is established a commission to
be known as the ``Postal Privatization Commission''.
(b) Membership.--The Commission shall consist of 9 members, to be
selected by the President. Of those members--
(1) 3 shall be selected from among individuals recommended
jointly by the Speaker of the House of Representatives and the
President pro tempore of the Senate;
(2) 2 shall be selected to represent the interests of
employees of the Postal Service;
(3) 2 shall be selected to represent the interests of
postal management; and
(4) 2 shall be selected from such other postal experts as
the President considers appropriate.
(c) Compensation.--
(1) In general.--Except as provided in paragraph (2),
members of the Commission shall be paid at the daily equivalent
of a rate, not to exceed the rate of basic pay payable for
level IV of the Executive Schedule, for each day (including
travel time) during which they are engaged in the performance
of duties of the Commission.
(2) Exception.--Members of the Commission who are full-time
officers or employees of the United States shall receive no
additional pay by reason of their service on the Commission.
(d) Termination.--The Commission shall cease to exist as of the
date on which the work of the Commission has been completed.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the term ``Postal Service'' means the United States
Postal Service and the Postal Rate Commission;
(2) the term ``property'', when used with respect to the
Postal Service, means all assets and rights, and all
liabilities and obligations, of the Postal Service;
(3) the term ``State'' means each of the several States,
the District of Columbia, and the Commonwealth of Puerto Rico;
and
(4) the term ``Postal Privatization Commission'' refers to
the commission established under section 4. | Directs the President to transmit to the Congress: (1) a comprehensive plan providing for the transfer of property subject to this Act; and (2) recommendations for legislation as necessary.
Establishes the Postal Privatization Commission to: (1) carry out functions relating to the issuance of securities to postal employees; and (2) consult with the President on the transfer. | To provide for the privatization of the United States Postal Service. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil War Sesquicentennial
Commission Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The American Civil War was a defining experience in the
development of the United States.
(2) The people of the United States continue to struggle
with issues of race, civil rights, the politics of federalism,
and heritage which are legacies of the Civil War and
Reconstruction.
(3) There is a resurgence of interest in the Civil War that
is evidenced by the multitude of publications, exhibits,
reenactments, research organizations, Internet and multimedia
resources, historic parks, and preservation associations
focused on the Civil War.
(4) The years 2011 through 2015 mark the sesquicentennial
of the Civil War.
(5) The sesquicentennial of the Civil War presents a
significant opportunity for Americans to recall and reflect
upon the Civil War and its legacy in a spirit of reconciliation
and reflection.
(6) The United States Civil War Center at Louisiana State
University, Louisiana, and the Civil War Institute at
Gettysburg College, Pennsylvania, have been designated by the
Federal government to plan and facilitate the commemoration of
the sesquicentennial of the Civil War.
(7) The State of Virginia--
(A) witnessed more Civil War military engagements
on its soil than any other State;
(B) hosts more historic sites related to the Civil
War than any other State; and
(C) is home to the Pamplin Historical Park and the
National Museum of the Civil War Soldier and the
Virginia Center for Civil War Studies at Virginia
Polytechnic Institute and State University, both of
which are nationally recognized centers of expertise in
the study of the Civil War.
(8) The African American Civil War Museum located in
Washington, D.C., is the only museum in the nation dedicated to
the study and understanding of the role of African Americans in
the Civil War.
(b) Purpose.--The purpose of this Act is to establish a Civil War
Sesquicentennial Commemoration Commission to--
(1) ensure a suitable national observance of the
sesquicentennial of the Civil War;
(2) cooperate with and assist States and national
organizations with programs and activities for the observance
of the sesquicentennial of the Civil War;
(3) assist in ensuring that any observance of the
sesquicentennial of the Civil War is inclusive and
appropriately recognizes the experiences and points of view of
all people affected by the Civil War; and
(4) provide assistance for the development of programs,
projects, and activities on the Civil War that have lasting
educational value.
SEC. 3. CIVIL WAR SESQUICENTENNIAL COMMEMORATION COMMISSION.
The Secretary of the Interior shall establish a commission to be
known as the Civil War Sesquicentennial Commemoration Commission
(hereafter in this Act referred to as the ``Commission'').
SEC. 4. COMPOSITION OF THE COMMISSION.
(a) In General.--The Commission shall be composed of 25 members as
follows:
(1) Government members.--The Commission shall include--
(A) 2 Members of the House of Representatives
appointed by the Speaker of the House of
Representatives;
(B) 2 Members of the Senate appointed by the
President pro tempore of the Senate, in consultation
with the Majority Leader and the Minority Leader of the
Senate;
(C) the Secretary of the Interior or the designee
of the Secretary;
(D) the Secretary of the Smithsonian Institution,
or the designee of the Secretary;
(E) the Secretary of the Department of Education,
or the designee of the Secretary;
(F) the Chairman of the National Endowment for the
Humanities, or the designee of the Chairman;
(G) the Archivist of the United States, or the
designee of the Archivist;
(H) the Librarian of Congress, or the designee of
the Librarian; and
(I) the Director of the National Park Service, or
the designee of the Director.
(2) Private members.--The Commission shall include--
(A) 5 members appointed by the President from among
individuals who are representative of the corporate
community; and
(B) 9 individuals, appointed by the President, from
among persons who by reason of education, training, and
experience, are experts on the Antebellum, Civil War,
and Reconstruction eras, including--
(i) 6 individuals with expertise in
history;
(ii) 1 individual with specific expertise
in art history, historic preservation, or a
related field;
(iii) 1 individual with expertise in
anthropology, cultural geography, sociology, or
a related field; and
(iv) 1 individual with expertise in
political science, law, economics, or a related
field.
(b) Terms.--Members shall be appointed for the life of the
Commission.
(c) Vacancies.--Any vacancy in the Commission shall not affect its
powers, and shall be filled in the same manner as the original
appointment.
(d) Initial Appointments.--The appointment of the members of the
Commission shall be made not later than 60 days after the date of the
enactment of this Act.
SEC. 5. GENERAL PROVISIONS.
(a) Meetings.--
(1) Initial meeting.--Not later than 60 days after the date
on which all members of the Commission have been appointed, the
members appointed under subparagraphs (A) and (B) of section
4(a)(2) shall call the first meeting of the Commission.
(2) Subsequent meetings.--The Commission shall hold
subsequent meetings at the call of the chairperson.
(b) Chairperson and Vice Chairperson.--At the initial meeting, the
Commission shall elect a Chairperson and Vice Chairperson from among
its voting members.
(c) Quorum.--A majority of voting members shall constitute a
quorum, but a lesser number may hold meetings.
(d) Voting.--
(1) In general.--The Commission shall act only on an
affirmative vote of a majority of the voting members of the
Commission.
(2) Nonvoting members.--The individuals appointed under
subparagraphs (A) and (B) of section 4(a)(1) shall be nonvoting
members, and shall serve only in an advisory capacity.
SEC. 6. DUTIES OF THE COMMISSION.
(a) Activities Related to the Sesquicentennial.--The Commission
shall--
(1) plan, develop, and carry out programs and activities
appropriate to commemorate the sesquicentennial of the Civil
War;
(2) encourage interdisciplinary examination of the Civil
War;
(3) facilitate Civil War-related activities throughout the
United States;
(4) encourage civic, historical, educational, economic, and
other organizations throughout the United States to organize
and participate in activities to expand the understanding and
appreciation of the significance of the Civil War;
(5) coordinate and facilitate the public distribution of
scholarly research, publications, and interpretations of the
Civil War;
(6) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration of the
sesquicentennial of the Civil War;
(7) develop programs and facilities to ensure that the
sesquicentennial commemoration of the Civil War results in a
positive legacy and long-term public benefit; and
(8) encourage the development and conduct of programs
designed to involve the international community in activities
that commemorate the Civil War.
(b) Plans and Report.--
(1) Strategic plan and annual performance plans.--The
Commission shall prepare a strategic plan in accordance with
section 306 of title 5, United States Code, and annual
performance plans in accordance with section 1115 of title 31,
United States Code, for the activities of the Commission
carried out under this Act.
(2) Reports.--
(A) Annual report.--The Commission shall submit to
Congress an annual report that contains a list of each
gift, bequest, or devise with a value of more than
$250, together with the identity of the donor of each
such gift, bequest, or devise.
(B) Final report.--Not later than December 30,
2015, the Commission shall submit to Congress a final
report that contains--
(i) a summary of activities of the
Commission;
(ii) a final accounting of funds received
and expended by the Commission; and
(iii) the findings and recommendations of
the Commission.
SEC. 7. GRANT PROGRAM.
(a) Grants Authorized.--The National Endowment for the Humanities
shall award grants under this section for the uses described in
subsection (b).
(b) Use of Grants.--Grants awarded under this section shall be used
for appropriate activities relating to the sesquicentennial of the
Civil War.
(c) Consideration.--In awarding grants under this section, the
National Endowment of the Humanities shall consider established
university, museum, or academic programs with national scope that
sponsor multidisciplinary projects, including those that concentrate on
the role of African Americans in the Civil War.
SEC. 8. POWERS OF THE COMMISSION.
(a) In General.--The Commission may--
(1) solicit, accept, use, and dispose of gifts, bequests,
or devises of money or other real or personal property for the
purpose of aiding or facilitating the work of the Commission;
(2) appoint any advisory committee as the Commission
considers appropriate for the purposes of this Act;
(3) authorize any voting member or employee of the
Commission to take any action that the Commission is authorized
to take under this Act;
(4) procure supplies, services, and property, and make or
enter into contracts, leases, or other legal agreements to
carry out this Act (except that any contracts, leases, or other
legal agreements entered into by the Commission shall not
extend beyond the date of the termination of the Commission);
and
(5) use the United States mails in the same manner and
under the same conditions as other Federal agencies.
SEC. 9. PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Commission, and
members of any advisory committee appointed under section 8(a)(2),
shall serve without compensation.
(b) Travel Expenses.--Members of the Commission, and members of any
advisory committees appointed under section 8(a)(2), shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to civil service laws (including regulations),
appoint and terminate an executive director and such other
additional personnel as are necessary to enable the Commission
to perform the duties of the Commission.
(2) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by the
Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Detail of Government Employees.--
(1) In general.--At the request of the Commission, the head
of any Federal agency may detail, on a reimbursable or
nonreimbursable basis, any of the personnel of the agency to
the Commission to assist the Commission in carrying out the
duties of the Commission under this Act.
(2) Civil service status.--The detail of an employee under
paragraph (1) shall be without interruption or loss of civil
service status or privilege.
(e) Volunteer and Uncompensated Services.--Notwithstanding section
1342 of title 31, United States Code, the Commission may accept and use
voluntary and uncompensated services as the Commission determines
necessary.
(f) Support Services.--The Director of the National Park Service
shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request.
(g) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at daily
rates for individuals which do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of such title.
(h) FACA Nonapplicability.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(i) Termination.--The Commission shall terminate on the date that
is 90 days after the date on which the Commission submits its report
under section 6(b)(2).
SEC. 10. AUDIT OF COMMISSION.
The Inspector General of the Department of the Interior shall
perform an annual audit of the Commission and shall make the results of
the audit available to the public.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act (other than section 7) $200,000 for each of the fiscal
years 2005 through 2016.
(b) Grants.--There is authorized to be appropriated $3,500,000 to
the National Endowment for the
Humanities to provide grants under section 7, to remain available until
expended.
Passed the House of Representatives September 22, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Civil War Sesquicentennial Commission Act - Directs the Secretary of the Interior to establish a Civil War Sesquicentennial Commission to plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War, and to carry out other specified duties.
Requires the Commission to: (1) prepare a strategic plan and annual performance plans; and (2) submit to Congress an annual report that contains a list of each gift, bequest, or devise with a value of more than $250, together with the donor's identity, and a final report by December 30, 2015, containing the Commission's activities, findings, and recommendations, and a final accounting of funds. Directs the National Endowment for the Humanities to award grants, considering established university, museum, or academic programs with national scope that sponsor multidisciplinary projects, including those that concentrate on the role of African Americans in the Civil War. Requires the Department of the Interior's Inspector General to perform an annual audit of the Commission and make the results public. Authorizes appropriations. | To establish a commission to commemorate the sesquicentennial of the American Civil War. |