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105_s2397

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public School Construction Partnership Act''. SEC. 2. TREATMENT OF QUALIFIED PUBLIC EDUCATIONAL FACILITY BONDS AS EXEMPT FACILITY BONDS. (a) Treatment as Exempt Facility Bond.--Subsection (a) of section 142 of the Internal Revenue Code of 1986 (relating to exempt facility bond) is amended by striking ``or'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, or'', and by adding at the end the following: ``(13) qualified public educational facilities.'' (b) Qualified Public Educational Facilities.--Section 142 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(k) Qualified Public Educational Facilities.-- ``(1) In general.--For purposes of subsection (a)(13), the term `qualified public educational facility' means any school facility which is-- ``(A) part of a public elementary school or a public secondary school, ``(B) except as provided in paragraph (6)(B)(iii), located in a high-growth school district, and ``(C) owned by a private, for-profit corporation pursuant to a public-private partnership agreement with a State or local educational agency described in paragraph (2). ``(2) Public-private partnership agreement described.--A public-private partnership agreement is described in this paragraph if it is an agreement-- ``(A) under which the corporation agrees-- ``(i) to do 1 or more of the following: construct, rehabilitate, refurbish, or equip a school facility, and ``(ii) at the end of the contract term, to transfer the school facility to such agency for no additional consideration, and ``(B) the term of which does not exceed the term of the underlying issue. ``(3) School facility.--For purposes of this subsection, the term `school facility' means-- ``(A) school buildings, ``(B) functionally related and subordinate facilities and land with respect to such buildings, including any stadium or other facility primarily used for school events, and ``(C) any property, to which section 168 applies (or would apply but for section 179), for use in the facility. ``(4) Public schools.--For purposes of this subsection, the terms `elementary school' and `secondary school' have the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as in effect on the date of the enactment of this subsection. ``(5) High-growth school district.--For purposes of this subsection, the term `high-growth school district' means a school district established under State law which had an enrollment of at least 5,000 students in the second academic year preceding the date of the issuance of the bond and an increase in student enrollment of at least 20 percent during the 5-year period ending with such academic year. ``(6) Annual aggregate face amount of tax-exempt financing.-- ``(A) In general.--An issue shall not be treated as an issue described in subsection (a)(13) if the aggregate face amount of bonds issued by the State pursuant thereto (when added to the aggregate face amount of bonds previously so issued during the calendar year) exceeds an amount equal to the greater of-- ``(i) $10 multiplied by the State population, or ``(ii) $5,000,000. ``(B) Allocation rules.-- ``(i) In general.--Except as otherwise provided in this subparagraph, the State may allocate in a calendar year the amount described in subparagraph (A) for such year in such manner as the State determines appropriate. ``(ii) Rules for carryforward of unused amount.--With respect to any calendar year, a State may make an election under rules similar to the rules of section 146(f), except that the sole carryforward purpose with respect to such election is the issuance of exempt facility bonds described in section 142(a)(13). ``(iii) Special allocation rule for schools outside high-growth school districts.--A State may elect to allocate an aggregate face amount of bonds not to exceed $5,000,000 from the amount described in subparagraph (A) for each calendar year for qualified public educational facilities without regard to the requirement under paragraph (1)(A).'' (c) Exemption From General State Volume Caps.--Paragraph (3) of section 146(g) of the Internal Revenue Code of 1986 (relating to exception for certain bonds) is amended-- (1) by striking ``or (12)'' and inserting ``(12), or (13)'', and (2) by striking ``and environmental enhancements of hydroelectric generating facilities'' and inserting ``environmental enhancements of hydroelectric generating facilities, and qualified public educational facilities''. (d) Exemption From Limitation on Use for Land Acquisition.--Section 147(h) of the Internal Revenue Code of 1986 (relating to certain rules not apply) is amended-- (1) by adding at the end the following: ``(3) Exempt facility bonds for qualified public-private schools.--Subsection (c) shall not apply to any exempt facility bond issued as part of an issue described in section 142(a)(13) (relating to qualified public-private schools).'', and (2) by striking ``Mortgage Revenue Bonds, Qualified Student Loan Bonds, and Qualified 501(c)(3) Bonds'' in the heading and inserting ``Certain Bonds''. (e) Effective Date.--The amendments made by this section shall apply to bonds issued after December 31, 1998. SEC. 3. ADDITIONAL INCREASE IN ARBITRAGE REBATE EXCEPTION FOR GOVERNMENTAL BONDS USED TO FINANCE EDUCATION FACILITIES. (a) In General.--Section 148(f)(4)(D)(vii) of the Internal Revenue Code of 1986 (relating to increase in exception for bonds financing public school capital expenditures) is amended by striking ``$5,000,000'' the second place it appears and inserting ``$10,000,000''. (b) Effective Date.--The amendment made by subsection (a) shall apply to obligations issued after December 31, 1998.

Public School Construction Partnership Act - Amends the Internal Revenue Code to authorize issuance of tax-exempt private activity bonds to finance construction and rehabilitation of high-growth area public elementary and secondary schools through public-private construction and ownership agreements. Limits the annual aggregate amount of a State's tax-exempt financing. Sets forth State allocation rules, including a discretionary allocation for non high-growth school areas. Exempts such bonds from: (1) State volume caps. And (2) land use or acquisition limitations. Increases the arbitrage rebate exception for State and local bonds used to finance public schools.

Public School Construction Partnership Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Public School Construction Partnership Act". <SECTION-HEADER> TREATMENT OF QUALIFIED PUBLIC EDUCATIONAL FACILITY BONDS AS EXEMPT FACILITY BONDS. Treatment as Exempt Facility Bond. Subsection (a) of section 142 of the Internal Revenue Code of 1986 is amended by striking "or" at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ", or", and by adding at the end the following: qualified public educational facilities." Qualified Public Educational Facilities. Section 142 of the Internal Revenue Code of 1986 is amended by adding at the end the following: Qualified Public Educational Facilities. In general. For purposes of subsection (a)(13), the term `qualified public educational facility' means any school facility which is part of a public elementary school or a public secondary school, except as provided in paragraph (6)(B)(iii), located in a high-growth school district, and owned by a private, for-profit corporation pursuant to a public-private partnership agreement with a State or local educational agency described in paragraph (2). Public-private partnership agreement described. A public-private partnership agreement is described in this paragraph if it is an agreement under which the corporation agrees to do 1 or more of the following: construct, rehabilitate, refurbish, or equip a school facility, and at the end of the contract term, to transfer the school facility to such agency for no additional consideration, and the term of which does not exceed the term of the underlying issue. School facility. For purposes of this subsection, the term `school facility' means school buildings, functionally related and subordinate facilities and land with respect to such buildings, including any stadium or other facility primarily used for school events, and any property, to which section 168 applies , for use in the facility. Public schools. For purposes of this subsection, the terms `elementary school' and `secondary school' have the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 , as in effect on the date of the enactment of this subsection. High-growth school district. For purposes of this subsection, the term `high-growth school district' means a school district established under State law which had an enrollment of at least 5,000 students in the second academic year preceding the date of the issuance of the bond and an increase in student enrollment of at least 20 percent during the 5-year period ending with such academic year. Annual aggregate face amount of tax-exempt financing. In general. An issue shall not be treated as an issue described in subsection (a)(13) if the aggregate face amount of bonds issued by the State pursuant thereto exceeds an amount equal to the greater of $10 multiplied by the State population, or $5,000,000. Allocation rules. In general. Except as otherwise provided in this subparagraph, the State may allocate in a calendar year the amount described in subparagraph (A) for such year in such manner as the State determines appropriate. Rules for carryforward of unused amount. With respect to any calendar year, a State may make an election under rules similar to the rules of section 146(f), except that the sole carryforward purpose with respect to such election is the issuance of exempt facility bonds described in section 142(a)(13). Special allocation rule for schools outside high-growth school districts. A State may elect to allocate an aggregate face amount of bonds not to exceed $5,000,000 from the amount described in subparagraph (A) for each calendar year for qualified public educational facilities without regard to the requirement under paragraph (1)(A)." Exemption From General State Volume Caps. Paragraph (3) of section 146(g) of the Internal Revenue Code of 1986 is amended by striking "or (12)" and inserting "(12), or ", and by striking "and environmental enhancements of hydroelectric generating facilities" and inserting "environmental enhancements of hydroelectric generating facilities, and qualified public educational facilities". Exemption From Limitation on Use for Land Acquisition. Section 147(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Exempt facility bonds for qualified public-private schools. Subsection (c) shall not apply to any exempt facility bond issued as part of an issue described in section 142(a)(13) .", and by striking "Mortgage Revenue Bonds, Qualified Student Loan Bonds, and Qualified 501(c)(3) Bonds" in the heading and inserting "Certain Bonds". Effective Date. The amendments made by this section shall apply to bonds issued after December 31, 1998. <SECTION-HEADER> ADDITIONAL INCREASE IN ARBITRAGE REBATE EXCEPTION FOR GOVERNMENTAL BONDS USED TO FINANCE EDUCATION FACILITIES. In General. Section 148(f)(4)(D)(vii) of the Internal Revenue Code of 1986 is amended by striking "$5,000,000" the second place it appears and inserting "$10,000,000". Effective Date. The amendment made by subsection (a) shall apply to obligations issued after December 31, 1998.

Public School Construction Partnership Act - Amends the Internal Revenue Code to authorize issuance of tax-exempt private activity bonds to finance construction and rehabilitation of high-growth area public elementary and secondary schools through public-private construction and ownership agreements. Limits the annual aggregate amount of a State's tax-exempt financing. Sets forth State allocation rules, including a discretionary allocation for non high-growth school areas. Exempts such bonds from: (1) State volume caps. And (2) land use or acquisition limitations. Increases the arbitrage rebate exception for State and local bonds used to finance public schools.

Public School Construction Partnership Act

106_hr412

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Fairness Act of 1999.'' SEC. 2. RELIEF FROM INJURY. (a) Test for Positive Adjustment to Import Competition.--Section 201(a) of the Trade Act of 1974 (19 U.S.C. 2251(a)) is amended by striking ``substantial''. (b) Investigations and Determinations.--Section 202 of such Act (19 U.S.C. 2252) is amended-- (1) in subsection (b)(1)(A), by striking ``substantial''; (2) by amending subsection (b)(1)(B) to read as follows: ``(B) Imports shall be considered to be a `cause of serious injury, or the threat thereof,' if a causal link is established between imports and injury to the domestic industry.''; (3) by amending subsection (c)(1)(A) to read as follows: ``(A) with respect to serious injury-- ``(i) the rate and amount of the increase in imports of the product concerned in absolute and relative terms; ``(ii) the share of the domestic market taken by increased imports; ``(iii) changes in the level of sales; ``(iv) production; ``(v) productivity; ``(vi) capacity utilization; ``(vii) profits and losses; and ``(viii) employment.''; (4) in subsection (c)(1)(C), by striking ``with respect to substantial cause'' and inserting ``with respect to whether there is a causal link between imports and serious injury''; and (5) in subsection (c)(3), by striking ``substantial''. (c) Action Regarding ITC Investigation of Injury.--Section 264(c) of the Trade Act of 1974 (19 U.S.C. 2354(c)) is amended by striking ``substantial''. SEC. 3. STEEL IMPORT PERMIT AND MONITORING PROGRAM. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of the Treasury, shall establish and implement a steel import permit and monitoring program. The program shall include a requirement that any person importing a product classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States obtain an import permit before such products are entered into the United States. (b) Steel Import Permits.-- (1) In general.--In order to obtain a steel import permit, an importer shall submit to the Secretary of Commerce an application containing-- (A) the importer's name and address; (B) the name and address of the supplier of the goods to be imported; (C) the name and address of the producer of the goods to be imported; (D) the country of origin of the goods; (E) the country from which the goods are to be imported; (F) the United States Customs port of entry where the goods will be entered; (G) the expected date of entry of the goods into the United States; (H) a description of the goods, including the classification of such goods under the Harmonized Tariff Schedule of the United States; (I) the quantity (in kilograms and net tons) of the goods to be imported; (J) the cost insurance freight (CIF) and free alongside ship (FAS) values of the goods to be entered; (K) whether the goods are being entered for consumption or for entry into a bonded warehouse or foreign trade zone; (L) a certification that the information furnished in the permit application is correct; and (M) any other information the Secretary of Commerce determines to be necessary and appropriate. (2) Entry into customs territory.--In the case of merchandise classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States that is initially entered into a bonded warehouse or foreign trade zone, a steel import permit shall be required before the merchandise is entered into the customs territory of the United States. (3) Issuance of permit.--The Secretary of Commerce shall issue a steel import permit to any person who files an application that meets the requirements of this section. Such permit shall be valid for a period of 30 days from the date of issuance. (c) Statistical Information.-- (1) In general.-- The Secretary of Commerce shall compile and publish on a weekly basis information described in paragraph (2). (2) Information described.--Information described in this paragraph means information obtained from steel import permit applications concerning steel imported into the United States and includes with respect to such imports the Harmonized Tariff Schedule of the United States classification (to the tenth digit), the country of origin, the port of entry, quantity, value of steel imported, and whether the imports are entered for consumption or are entered into a bonded warehouse or foreign trade zone. Such information shall also be compiled in aggregate form and made publicly available by the Secretary of Commerce on a weekly basis by public posting through an Internet website. The information provided under this section shall be in addition to any information otherwise required by law. (d) Fees.--The Secretary of Commerce may prescribe reasonable fees and charges to defray the costs of carrying out the provisions of this section, including a fee for issuing a permit under this section. (e) Single Producer and Exporter Countries.--Notwithstanding any other provision of law, the Secretary of Commerce shall make publicly available all information required to be released pursuant to subsection (c), including information obtained regarding imports from a foreign producer or exporter that is the only producer or exporter of goods subject to this section from a foreign country. (f) Regulations.--The Secretary of Commerce may prescribe such rules and regulations relating to the steel import permit and monitoring program as may be necessary to carry the provisions of this section.

Revises certain factors the International Trade Commission must consider when investigating to determine whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry producing an article like or directly competitive with the imported article. Repeals, similarly, the requirement that such injury be substantial. Declares that imports shall be considered to be a cause of serious injury, or threat thereof, if a causal link is established between imports and injury to the domestic industry. Directs the Secretary of Commerce to establish and implement a steel import permit and monitoring program. Requires: (1) a person to have a steel import permit before he or she can import certain steel products into the United States. And (2) the Secretary to issue such permit to any person who files an application that meets specified requirements. Requires the Secretary to compile and publish certain information with respect to such imported steel.

Trade Fairness Act of 1999

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Trade Fairness Act of 1999." <SECTION-HEADER> RELIEF FROM INJURY. Test for Positive Adjustment to Import Competition. Section 201(a) of the Trade Act of 1974 (19 USC. 2251(a)) is amended by striking "substantial". Investigations and Determinations. Section 202 of such Act is amended in subsection (b)(1)(A), by striking "substantial". By amending subsection (b)(1)(B) to read as follows: Imports shall be considered to be a `cause of serious injury, or the threat thereof,' if a causal link is established between imports and injury to the domestic industry.". By amending subsection (c)(1)(A) to read as follows: with respect to serious injury the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by increased imports, changes in the level of sales, production, productivity, capacity utilization, profits and losses, and employment.". In subsection (c)(1)(C), by striking "with respect to substantial cause" and inserting "with respect to whether there is a causal link between imports and serious injury". And in subsection (c)(3), by striking "substantial". Action Regarding ITC Investigation of Injury. Section 264(c) of the Trade Act of 1974 (19 USC. 2354(c)) is amended by striking "substantial". <SECTION-HEADER> STEEL IMPORT PERMIT AND MONITORING PROGRAM. In General. Not later than 30 days after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of the Treasury, shall establish and implement a steel import permit and monitoring program. The program shall include a requirement that any person importing a product classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States obtain an import permit before such products are entered into the United States. Steel Import Permits. In general. In order to obtain a steel import permit, an importer shall submit to the Secretary of Commerce an application containing the importer's name and address. The name and address of the supplier of the goods to be imported. The name and address of the producer of the goods to be imported, the country of origin of the goods, the country from which the goods are to be imported. The United States Customs port of entry where the goods will be entered. The expected date of entry of the goods into the United States. A description of the goods, including the classification of such goods under the Harmonized Tariff Schedule of the United States, the quantity of the goods to be imported. The cost insurance freight (CIF) and free alongside ship (FAS) values of the goods to be entered. Whether the goods are being entered for consumption or for entry into a bonded warehouse or foreign trade zone. A certification that the information furnished in the permit application is correct. And any other information the Secretary of Commerce determines to be necessary and appropriate. Entry into customs territory. In the case of merchandise classified under chapter 72 or 73 of the Harmonized Tariff Schedule of the United States that is initially entered into a bonded warehouse or foreign trade zone, a steel import permit shall be required before the merchandise is entered into the customs territory of the United States. Issuance of permit. The Secretary of Commerce shall issue a steel import permit to any person who files an application that meets the requirements of this section. Such permit shall be valid for a period of 30 days from the date of issuance. Statistical Information. In general. The Secretary of Commerce shall compile and publish on a weekly basis information described in paragraph (2). Information described. Information described in this paragraph means information obtained from steel import permit applications concerning steel imported into the United States and includes with respect to such imports the Harmonized Tariff Schedule of the United States classification , the country of origin, the port of entry, quantity, value of steel imported, and whether the imports are entered for consumption or are entered into a bonded warehouse or foreign trade zone. Such information shall also be compiled in aggregate form and made publicly available by the Secretary of Commerce on a weekly basis by public posting through an Internet website. The information provided under this section shall be in addition to any information otherwise required by law. Fees. The Secretary of Commerce may prescribe reasonable fees and charges to defray the costs of carrying out the provisions of this section, including a fee for issuing a permit under this section. Single Producer and Exporter Countries. Notwithstanding any other provision of law, the Secretary of Commerce shall make publicly available all information required to be released pursuant to subsection (c), including information obtained regarding imports from a foreign producer or exporter that is the only producer or exporter of goods subject to this section from a foreign country. Regulations. The Secretary of Commerce may prescribe such rules and regulations relating to the steel import permit and monitoring program as may be necessary to carry the provisions of this section.

Revises certain factors the International Trade Commission must consider when investigating to determine whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry producing an article like or directly competitive with the imported article. Repeals, similarly, the requirement that such injury be substantial. Declares that imports shall be considered to be a cause of serious injury, or threat thereof, if a causal link is established between imports and injury to the domestic industry. Directs the Secretary of Commerce to establish and implement a steel import permit and monitoring program. Requires: (1) a person to have a steel import permit before he or she can import certain steel products into the United States. And (2) the Secretary to issue such permit to any person who files an application that meets specified requirements. Requires the Secretary to compile and publish certain information with respect to such imported steel.

Trade Fairness Act of 1999

103_hr1426

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Dams Safety Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Secretary of the Interior has identified 53 dams on Indian lands that present a threat to human life in the event of a failure; (2) because of inadequate attention in the past to problems stemming from structural deficiencies and regular maintenance requirements for dams operated by the Bureau of Indian Affairs, unsafe Bureau dams continue to pose an imminent threat to people and property; (3) many Bureau dams have maintenance deficiencies regardless of their current safety condition classification and the deficiencies must be corrected to avoid future threats to human life and property; (4) safe working dams on Indian lands are necessary to supply irrigation water, to provide flood control, to provide water for municipal, industrial, domestic, livestock, and recreation uses, and for fish and wildlife habitats; and (5) it is necessary to institute a regular dam maintenance and repair program, utilizing the expertise in the Bureau, Indian tribes, and other Federal agencies. SEC. 3. DEFINITIONS. As used in this Act: (1) The term ``Bureau'' means the Bureau of Indian Affairs. (2) The term ``dam'' has the same meaning given such term by the first section of Public Law 92-367 (33 U.S.C. 467). (3) The term ``Secretary'' means the Secretary of the Interior. (4) The term ``Indian tribe'' means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indian tribes because of their status as Indians. SEC. 4. DAM SAFETY MAINTENANCE AND REPAIR PROGRAM. (a) Establishment.--The Secretary shall establish a dam safety maintenance and repair program within the Bureau to ensure maintenance and monitoring of the condition of each dam identified pursuant to subsection (e) necessary to maintain the dam in a satisfactory condition on a long-term basis. (b) Transfer of Existing Functions and Personnel.--All functions performed before the date of the enactment of this Act pursuant to the Dam Safety Program established by the Secretary of the Interior by order dated February 28, 1980, and all Bureau of Indian Affairs personnel assigned to such program as of the date of enactment of this Act are hereby transferred to the Dam Safety Maintenance and Repair Program. Any reference in any law, regulation, executive order, reorganization plan, or delegation of authority to the Dam Safety Program is deemed to be a reference to the Dam Safety Maintenance and Repair Program. (c) Rehabilitation.--Under the Dam Safety Maintenance and Repair Program, the Secretary shall perform such rehabilitation work as is necessary to bring the dams identified pursuant to subsection (e) to a satisfactory condition. In addition, each dam located on Indian lands shall be regularly maintained pursuant to the Dam Safety Maintenance and Repair Program established pursuant to subsection (a). (d) Maintenance Action Plan.--The Secretary shall develop a maintenance action plan, which shall include a prioritization of actions to be taken, for those dams with a risk hazard rating of high or significant as identified pursuant to subsection (e). (e) Identification of Dams.-- (1) Development of list.--The Secretary shall develop a comprehensive list of dams located on Indian lands that describes the dam safety condition classification of each dam, as specified in paragraph (2), the risk hazard classification of each dam, as specified in paragraph (3), and the conditions resulting from maintenance deficiencies. (2) Dam safety condition classifications.--The dam safety condition classification referred to in paragraph (1) is one of the following classifications: (A) Satisfactory.--No existing or potential dam safety deficiencies are recognized. Safe performance is expected under all anticipated conditions. (B) Fair.--No existing dam safety deficiencies are recognized for normal loading conditions. Infrequent hydrologic or seismic events would probably result in a dam safety deficiency. (C) Conditionally poor.--A potential dam safety deficiency is recognized for unusual loading conditions that may realistically occur during the expected life of the structure. (D) Poor.--A potential dam safety deficiency is clearly recognized for normal loading conditions. Immediate actions to resolve the deficiency are recommended; reservoir restrictions may be necessary until resolution of the problem. (E) Unsatisfactory.--A dam safety deficiency exists for normal loading conditions. Immediate remedial action is required for resolution of the problem. (3) Risk hazard classification.--The risk hazard classification referred to in paragraph (1) is one of the following classifications: (A) High.--Six or more lives would be at risk or extensive property damage could occur if the dam failed. (B) Significant.--Between one and six lives would be at risk or significant property damage could occur if the dam failed. (C) Low.--No lives would be at risk and limited property damage would occur if the dam failed. (f) Limitation on Program Authorization.--Work authorized by this Act shall be for the purpose of dam safety maintenance and structural repair. The Secretary may authorize, upon request of an Indian tribe, up to 20 percent of the cost of repairs to be used to provide additional conservation storage capacity or developing benefits beyond those provided by the original dams and reservoirs. This Act is not intended to preclude development of increased storage or benefits under any other authority or to preclude measures to protect fish and wildlife. (g) Technical Assistance.--To carry out the purposes of this Act, the Secretary may obtain technical assistance on a nonreimbursable basis from other departments and agencies. Notwithstanding any such technical assistance, the Dam Safety Maintenance and Repair Program established under subsection (a) shall be under the direction and control of the Bureau. (h) Contract Authority.--In addition to any other authority established by law, the Secretary is authorized to contract with Indian tribes (under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))), as amended, to carry out the Dam Safety Maintenance and Repair Program established under this Act. (i) Annual Report.--The Secretary shall submit an annual report on the implementation of this Act. The report shall include-- (1) the list of dams and their status on the maintenance action plan developed under this section; and (2) the projected total cost and a schedule of the projected annual cost of rehabilitation or repair for each dam under this section. The report shall be submitted at the time the budget is required to be submitted under section 1105 of title 31, United States Code, to the Subcommittee on Native American Affairs of the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act. Funds provided under this Act are to be considered nonreimbursable. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Indian Dams Safety Act of 1994 - Directs the Secretary of the Interior to: (1) establish a dam safety maintenance program within the Bureau of Indian Affairs (BIA) in order to maintain each dam on Indian lands in a satisfactory condition. (2) perform necessary repair and rehabilitation work to bring any unsatisfactory dam to satisfactory condition and to then place the dam under the program's maintenance. And (3) develop a maintenance action plan, with priority given to dams with high or significant risk ratings. Directs the Secretary to develop a comprehensive list of dams on Indian lands describing conditions of: (1) dam safety, (2) risk hazard. And (3) maintenance deficiencies. Authorizes the Secretary to: (1) obtain technical assistance from other agencies and departments. And (2) contract with appropriate Indian tribes to carry out the program. States that the dam safety program and the program established by this Act shall be under BIA direction. Authorizes appropriations.

Indian Dams Safety Act of 1994

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Indian Dams Safety Act of 1994". <SECTION-HEADER> FINDINGS. The Congress finds that the Secretary of the Interior has identified 53 dams on Indian lands that present a threat to human life in the event of a failure. Because of inadequate attention in the past to problems stemming from structural deficiencies and regular maintenance requirements for dams operated by the Bureau of Indian Affairs, unsafe Bureau dams continue to pose an imminent threat to people and property. Many Bureau dams have maintenance deficiencies regardless of their current safety condition classification and the deficiencies must be corrected to avoid future threats to human life and property. Safe working dams on Indian lands are necessary to supply irrigation water, to provide flood control, to provide water for municipal, industrial, domestic, livestock, and recreation uses, and for fish and wildlife habitats. And it is necessary to institute a regular dam maintenance and repair program, utilizing the expertise in the Bureau, Indian tribes, and other Federal agencies. <SECTION-HEADER> DEFINITIONS. As used in this Act: The term "Bureau" means the Bureau of Indian Affairs. The term "dam" has the same meaning given such term by the first section of Public Law 92-367 . The term "Secretary" means the Secretary of the Interior. The term "Indian tribe" means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indian tribes because of their status as Indians. <SECTION-HEADER> DAM SAFETY MAINTENANCE AND REPAIR PROGRAM. Establishment. The Secretary shall establish a dam safety maintenance and repair program within the Bureau to ensure maintenance and monitoring of the condition of each dam identified pursuant to subsection (e) necessary to maintain the dam in a satisfactory condition on a long-term basis. Transfer of Existing Functions and Personnel. All functions performed before the date of the enactment of this Act pursuant to the Dam Safety Program established by the Secretary of the Interior by order dated February 28, 1980, and all Bureau of Indian Affairs personnel assigned to such program as of the date of enactment of this Act are hereby transferred to the Dam Safety Maintenance and Repair Program. Any reference in any law, regulation, executive order, reorganization plan, or delegation of authority to the Dam Safety Program is deemed to be a reference to the Dam Safety Maintenance and Repair Program. Rehabilitation. Under the Dam Safety Maintenance and Repair Program, the Secretary shall perform such rehabilitation work as is necessary to bring the dams identified pursuant to subsection (e) to a satisfactory condition. In addition, each dam located on Indian lands shall be regularly maintained pursuant to the Dam Safety Maintenance and Repair Program established pursuant to subsection (a). Maintenance Action Plan. The Secretary shall develop a maintenance action plan, which shall include a prioritization of actions to be taken, for those dams with a risk hazard rating of high or significant as identified pursuant to subsection (e). Identification of Dams. Development of list. The Secretary shall develop a comprehensive list of dams located on Indian lands that describes the dam safety condition classification of each dam, as specified in paragraph (2), the risk hazard classification of each dam, as specified in paragraph (3), and the conditions resulting from maintenance deficiencies. Dam safety condition classifications. The dam safety condition classification referred to in paragraph (1) is one of the following classifications: Satisfactory. No existing or potential dam safety deficiencies are recognized. Safe performance is expected under all anticipated conditions. Fair. No existing dam safety deficiencies are recognized for normal loading conditions. Infrequent hydrologic or seismic events would probably result in a dam safety deficiency. Conditionally poor. A potential dam safety deficiency is recognized for unusual loading conditions that may realistically occur during the expected life of the structure. Poor. A potential dam safety deficiency is clearly recognized for normal loading conditions. Immediate actions to resolve the deficiency are recommended. Reservoir restrictions may be necessary until resolution of the problem. Unsatisfactory. A dam safety deficiency exists for normal loading conditions. Immediate remedial action is required for resolution of the problem. Risk hazard classification. The risk hazard classification referred to in paragraph (1) is one of the following classifications: High. Six or more lives would be at risk or extensive property damage could occur if the dam failed. Significant. Between one and six lives would be at risk or significant property damage could occur if the dam failed. Low. No lives would be at risk and limited property damage would occur if the dam failed. Limitation on Program Authorization. Work authorized by this Act shall be for the purpose of dam safety maintenance and structural repair. The Secretary may authorize, upon request of an Indian tribe, up to 20 percent of the cost of repairs to be used to provide additional conservation storage capacity or developing benefits beyond those provided by the original dams and reservoirs. This Act is not intended to preclude development of increased storage or benefits under any other authority or to preclude measures to protect fish and wildlife. Technical Assistance. To carry out the purposes of this Act, the Secretary may obtain technical assistance on a nonreimbursable basis from other departments and agencies. Notwithstanding any such technical assistance, the Dam Safety Maintenance and Repair Program established under subsection (a) shall be under the direction and control of the Bureau. Contract Authority. In addition to any other authority established by law, the Secretary is authorized to contract with Indian tribes (under the Indian Self-Determination and Education Assistance Act (25 USC. 450b(e))), as amended, to carry out the Dam Safety Maintenance and Repair Program established under this Act. Annual Report. The Secretary shall submit an annual report on the implementation of this Act. The report shall include the list of dams and their status on the maintenance action plan developed under this section. And the projected total cost and a schedule of the projected annual cost of rehabilitation or repair for each dam under this section. The report shall be submitted at the time the budget is required to be submitted under section 1105 of title 31, United States Code, to the Subcommittee on Native American Affairs of the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act. Funds provided under this Act are to be considered nonreimbursable. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Indian Dams Safety Act of 1994 - Directs the Secretary of the Interior to: (1) establish a dam safety maintenance program within the Bureau of Indian Affairs (BIA) in order to maintain each dam on Indian lands in a satisfactory condition. (2) perform necessary repair and rehabilitation work to bring any unsatisfactory dam to satisfactory condition and to then place the dam under the program's maintenance. And (3) develop a maintenance action plan, with priority given to dams with high or significant risk ratings. Directs the Secretary to develop a comprehensive list of dams on Indian lands describing conditions of: (1) dam safety, (2) risk hazard. And (3) maintenance deficiencies. Authorizes the Secretary to: (1) obtain technical assistance from other agencies and departments. And (2) contract with appropriate Indian tribes to carry out the program. States that the dam safety program and the program established by this Act shall be under BIA direction. Authorizes appropriations.

Indian Dams Safety Act of 1994

103_hr969

SECTION 1. APPOINTMENTS TO MILITARY SERVICE ACADEMIES BY THE RESIDENT REPRESENTATIVE TO THE UNITED STATES FOR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. (a) United States Military Academy.-- (1) Appointment authority.--Subsection (a) of section 4342 of title 10, United States Code, is amended by striking out the sentence following the clauses of such subsection and inserting in lieu thereof the following: ``(10) One cadet from the Commonwealth of the Northern Mariana Islands, nominated by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands in consultation with the Governor of the Commonwealth of the Northern Mariana Islands. ``Each person specified in clauses (3) through (10) who is entitled to nominate a candidate for admission to the Academy may nominate a principal candidate and nine alternates for each vacancy that is available to the person under this subsection.''. (2) Domicile of cadets.--Subsection (f) of such section is amended to read as follows: ``(f) Each candidate for admission nominated under clauses (3) through (10) of subsection (a) must be domiciled-- ``(1) in the State, or in the congressional district, from which the candidate is nominated; or ``(2) in the District of Columbia, Puerto Rico, American Samoa, Guam, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands, if the candidate is nominated from one of those places.''. (3) Conforming amendments.--(A) Subsection (d) of such section is amended by striking out ``(9)'' and inserting in lieu thereof ``(10)''. (B) Section 4343 of such title is amended by striking out ``(8) of section 4342(a)'' and inserting in lieu thereof ``(10) of section 4342(a)''. (b) United States Naval Academy.-- (1) Appointment authority.--Section 6954(a) of title 10, United States Code, is amended by striking out the sentence following the clauses of such subsection and inserting in lieu thereof the following: ``(10) One from the Commonwealth of the Northern Mariana Islands, nominated by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands in consultation with the Governor of the Commonwealth of the Northern Mariana Islands. ``Each person specified in clauses (3) through (10) who is entitled to nominate a candidate for admission to the Academy may nominate a principal candidate and nine alternates for each vacancy that is available to the person under this subsection.''. (2) Domicile of midshipmen.--Subsection (b) of section 6958 of such title is amended to read as follows: ``(b) Each candidate for admission nominated under clauses (3) through (10) of subsection (a) of section 6954 of this title must be domiciled-- ``(1) in the State, or in the congressional district, from which the candidate is nominated; or ``(2) in the District of Columbia, Puerto Rico, American Samoa, Guam, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands, if the candidate is nominated from one of those places.''. (4) Conforming amendment.--(A) Section 6954(d) of such title is amended by striking out ``(9)'' and inserting in lieu thereof ``(10)''. (B) Section 6956(b) of such title is amended by striking out ``(8) of section 6954(a)'' and inserting in lieu thereof ``(10) of section 6954(a)''. (c) United States Air Force Academy.-- (1) Appointment authority.--Subsection (a) of section 9342 of title 10, United States Code, is amended by striking out the sentence following the clauses of such subsection and inserting in lieu thereof the following: ``(10) One cadet from the Commonwealth of the Northern Mariana Islands, nominated by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands in consultation with the Governor of the Commonwealth of the Northern Mariana Islands. ``Each person specified in clauses (3) through (10) who is entitled to nominate a candidate for admission to the Academy may nominate a principal candidate and nine alternates for each vacancy that is available to the person under this subsection.''. (2) Domicile of cadets.--Subsection (f) of such section is amended to read as follows: ``(f) Each candidate for admission nominated under clauses (3) through (10) of subsection (a) must be domiciled-- ``(1) in the State, or in the congressional district, from which the candidate is nominated; or ``(2) in the District of Columbia, Puerto Rico, American Samoa, Guam, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands, if the candidate is nominated from one of those places.''. (3) Conforming amendments.--(A) Subsection (d) of such section is amended by striking out ``(9)'' and inserting in lieu thereof ``(10)''. (B) Section 9343 of such title is amended by striking out ``(8) of section 9342(a)'' and inserting in lieu thereof ``(10) of section 9342(a)''. (d) Effective Date.--The amendments made by this section shall apply with respect to the nomination of candidates for appointment to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy for classes entering one of these military service academies after the date of the enactment of this Act.

Provides for the appointment of candidates to the military service academies by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands.

To amend title 10, United States Code, to provide for appointments to the military service academies by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands.

<SECTION-HEADER> APPOINTMENTS TO MILITARY SERVICE ACADEMIES BY THE RESIDENT REPRESENTATIVE TO THE UNITED STATES FOR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. United States Military Academy. Appointment authority. Subsection (a) of section 4342 of title 10, United States Code, is amended by striking out the sentence following the clauses of such subsection and inserting in lieu thereof the following: One cadet from the Commonwealth of the Northern Mariana Islands, nominated by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands in consultation with the Governor of the Commonwealth of the Northern Mariana Islands. "Each person specified in clauses (3) through (10) who is entitled to nominate a candidate for admission to the Academy may nominate a principal candidate and nine alternates for each vacancy that is available to the person under this subsection.". Domicile of cadets. Subsection (f) of such section is amended to read as follows: Each candidate for admission nominated under clauses (3) through (10) of subsection (a) must be domiciled in the State, or in the congressional district, from which the candidate is nominated. Or in the District of Columbia, Puerto Rico, American Samoa, Guam, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands, if the candidate is nominated from one of those places.". Conforming amendments. (A) Subsection (d) of such section is amended by striking out "(9)" and inserting in lieu thereof "(10)". Section 4343 of such title is amended by striking out of section 4342(a)" and inserting in lieu thereof "(10) of section 4342(a)". United States Naval Academy. Appointment authority. Section 6954(a) of title 10, United States Code, is amended by striking out the sentence following the clauses of such subsection and inserting in lieu thereof the following: One from the Commonwealth of the Northern Mariana Islands, nominated by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands in consultation with the Governor of the Commonwealth of the Northern Mariana Islands. "Each person specified in clauses (3) through (10) who is entitled to nominate a candidate for admission to the Academy may nominate a principal candidate and nine alternates for each vacancy that is available to the person under this subsection.". Domicile of midshipmen. Subsection (b) of section 6958 of such title is amended to read as follows: Each candidate for admission nominated under clauses (3) through (10) of subsection (a) of section 6954 of this title must be domiciled in the State, or in the congressional district, from which the candidate is nominated. Or in the District of Columbia, Puerto Rico, American Samoa, Guam, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands, if the candidate is nominated from one of those places.". Conforming amendment. (A) Section 6954(d) of such title is amended by striking out "(9)" and inserting in lieu thereof "(10)". Section 6956(b) of such title is amended by striking out "(8) of section 6954(a)" and inserting in lieu thereof of section 6954(a)". United States Air Force Academy. Appointment authority. Subsection (a) of section 9342 of title 10, United States Code, is amended by striking out the sentence following the clauses of such subsection and inserting in lieu thereof the following: One cadet from the Commonwealth of the Northern Mariana Islands, nominated by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands in consultation with the Governor of the Commonwealth of the Northern Mariana Islands. "Each person specified in clauses (3) through (10) who is entitled to nominate a candidate for admission to the Academy may nominate a principal candidate and nine alternates for each vacancy that is available to the person under this subsection.". Domicile of cadets. Subsection (f) of such section is amended to read as follows: Each candidate for admission nominated under clauses (3) through (10) of subsection (a) must be domiciled in the State, or in the congressional district, from which the candidate is nominated. Or in the District of Columbia, Puerto Rico, American Samoa, Guam, the Virgin Islands, or the Commonwealth of the Northern Mariana Islands, if the candidate is nominated from one of those places.". Conforming amendments. (A) Subsection (d) of such section is amended by striking out "(9)" and inserting in lieu thereof "(10)". Section 9343 of such title is amended by striking out of section 9342(a)" and inserting in lieu thereof "(10) of section 9342(a)". Effective Date. The amendments made by this section shall apply with respect to the nomination of candidates for appointment to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy for classes entering one of these military service academies after the date of the enactment of this Act.

Provides for the appointment of candidates to the military service academies by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands.

To amend title 10, United States Code, to provide for appointments to the military service academies by the Resident Representative to the United States for the Commonwealth of the Northern Mariana Islands.

113_hr2156

SECTION 1. SHORT TITLE. This Act may be cited as the ``Claims Licensing Advancement for Interstate Matters Act'' or the ``CLAIM Act''. SEC. 2. MODEL LICENSING ACT. To promote the policy of robust consumer protection for and more efficient interstate adjusting of property, casualty, disability, or workers' compensation claims, the Congress hereby urges the National Association of Insurance Commissioners to adopt a model independent claims adjuster licensing Act that-- (1) contains basic standards for the integrity, personal qualifications, education, training, and experience required of independent claims adjusters, including continuing education requirements and ethics course requirements; and (2) does not impose any limitation or condition upon any independent claims adjuster to be licensed or otherwise authorized to do business in a State because of his or her status as a non-resident of that State. SEC. 3. MULTI-STATE EXAMINATION. (a) Establishment.--The Congress hereby urges the NAIC to adopt and administer a multi-State examination for an independent claims adjuster seeking to adjust claims in a jurisdiction other than his or her home State. (b) Examinee Eligibility.--The NAIC may require that, as a condition for taking a multi-State examination administered pursuant to this section, the examinee shall-- (1) be duly licensed as an independent claims adjuster by his or her home State; (2) meet such integrity, degree, training, and experience requirements as the NAIC considers necessary; and (3) meet any continuing education requirements as established by his or her home State. (c) Cross-Jurisdiction Competency.--Any multi-State examination administered pursuant to this section shall require adjusters to demonstrate essential competence with cross-jurisdictional legal and regulatory concepts, and shall include such ethics and other testing as the NAIC deems necessary. SEC. 4. STATE AUTHORITIES. Nothing in this Act shall be construed to-- (1) require a State that does not have licensing requirements for independent claims adjusters to adopt any such requirements; (2) subject to section 6, limit the right of a State to establish licensing fees or enforce its laws regarding the adjusting of insurance claims, provided that such fee is uniform regardless of the State of residence of the licensee; or (3) affect the jurisdiction and authority of a State insurance regulator to prescribe and enforce its insurance laws, rules, and regulations regulating independent claims adjuster activity in its jurisdiction. SEC. 5. INTERSTATE CLAIMS ADJUSTING LICENSING REFORMS. (a) In General.--A State is in compliance with the requirements of this subsection, and section 6 shall not apply with respect to such State, if before the expiration of the 4-year period beginning on the date of the enactment of this Act the State has enacted and has in effect-- (1) in the case only of a State that requires and issues licenses for independent claims adjusters, laws and regulations governing individuals and entities authorized to operate as independent claims adjusters within the State that are functionally equivalent in meaning and effect to those under any model act developed pursuant to section 2; and (2) laws and regulations governing non-home State individuals and entities operating as independent claims adjusters within that State that provide for the reciprocity required under subsection (c) with other States. (b) Uniformity Requirements.--A State that licenses independent claims adjusters shall be deemed to have established the uniformity referred to in subsection (a)(1) if it has enacted and adheres to criteria for the licensing and authorization of adjusters that are functionally equivalent in meaning and effect to those set forth in a model act established pursuant to section 2. (c) Reciprocity Requirements.--The laws and regulations of a certain State shall be considered to provide for the reciprocity required under this subsection only if such laws and regulations-- (1) do not require licensure of independent claims adjusters; or (2) permit any independent claims adjuster who has a license in another State that is the adjuster's home State to obtain authorization to engage in the business of adjusting in such certain State as a non-resident to the same extent that such adjuster is permitted to practice in the adjuster's home State, without satisfying any additional requirements other than, if required under applicable law, to submit-- (A) proof of being licensed in good standing in the adjuster's home State; Provided, That such home State has enacted laws and regulations governing individuals and entities authorized to operate as independent claims adjusters within such home State that are functionally equivalent in meaning and effect to those under any model act developed pursuant to section 2; and (B) payment of any requisite fee to the appropriate authority of the certain State; Provided, That the amount of such fee does not exceed any fee required to be paid by an adjuster whose home State is such certain State. (d) NAIC Determination.-- (1) Determination.--A State shall be considered to be in compliance with subsection (a) for purposes of this Act if the NAIC determines that, before the expiration of the 4-year period beginning on the date of enactment of this Act, the State is in compliance with the requirements under such subsection. (2) Continued review.--With respect to any State that the NAIC has determined to be in compliance with the requirements of subsection (a), the Congress hereby urges NAIC to continue to review and determine such State's compliance with the requirements of subsection (a) on an annual basis. If the NAIC determines at any time that a State no longer is in compliance with the requirements of subsection (a), section 6 shall apply with respect to such State. (3) Judicial review.--The appropriate United States District Court shall have exclusive jurisdiction over any challenge arising under this section. The court shall apply the standards set forth in section 706 of title 5, United States Code, in reviewing any such challenge. SEC. 6. AUTHORITY FOR INTERSTATE CLAIMS ADJUSTING. (a) Authority.--In the case of any State that requires and issues licenses for independent claims adjusters but is not in compliance with section 5(a), after the expiration of the 4-year period beginning on the date of the enactment of this Act, an independent claims adjuster and the adjuster's employer may ascertain, determine, negotiate, or settle a claim in such State, but only if the adjuster meets the following requirements: (1) The independent claims adjuster holds a valid such license in his or her home State. (2) If the NAIC has established and administers a multi- State examination pursuant to section 3, the adjuster has passed such examination. (b) Prohibition of Additional State Requirements.--An independent claims adjuster authorized under subsection (a) to investigate, evaluate, negotiate the resolution of a claim in a State that is not in compliance with section 5 shall not be subject to any additional licensure or other requirements from such State in order to adjust claims and otherwise act as an independent claims adjuster in such State. SEC. 7. ACCELERATING CLAIMS ADJUSTING OF LOSSES CAUSED BY NATURAL OR OTHER DISASTERS. (a) Authority to Adjust.--An independent claims adjuster meeting the requirements of subsection (b) may adjust claims for losses related to any natural or other disaster, occurring in any jurisdiction, that has been designated by the President as a major disaster pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) notwithstanding the licensure requirements of the State in which the disaster area for the major disaster is located and notwithstanding the requirements under section 6 of this Act for interstate claims licensing. (b) Adjuster Requirements.--The requirements under this subsection with respect to an independent claims adjuster are as follows: (1) State license.--The adjuster holds a valid license as an independent claims adjuster in his or her home State (whether actual or designated, pursuant to section 8(a)(1)). (2) Multi-state examination.--If the NAIC has adopted and administers a multi-State examination pursuant to section 3, the adjuster has passed such an examination. SEC. 8. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Home state.-- (A) Actual.--The term ``home State'' means, with respect to an independent claims adjuster, the State in which the adjuster maintains his, her, or its principal place of residence or business and is licensed as an independent claims adjuster. (B) Designated.--If the State in which an independent claims adjuster maintains his or her principal place of residence or business does not issue an independent claims adjuster license for the line or lines of authority sought, such term means any other State in which the independent claims adjuster is so licensed and that is designated by such adjuster as his or her home State. (2) Independent claims adjuster.--The term ``independent claims adjuster'' means an individual, other than a public adjuster, who undertakes on behalf of insurers or self-insurers to investigate, evaluate, and negotiate the resolution of the amount of a property, casualty, disability, or workers' compensation claim, loss, or damage on behalf of an insurance policy or insurer or as a third-party on behalf of a self- insurer. Such term includes company or staff adjusters, who are individuals, other than a public adjuster, employed by property casualty insurers and undertake to investigate, evaluate, and negotiate the resolution of a property, casualty, disability, or workers' compensation claim, loss, or damage on behalf of an insurance policy or insurer. (3) Naic.--The term ``NAIC'' means the National Association of Insurance Commissioners. (4) Public adjuster.--The term ``public adjuster'' means any person who, for compensation or any other thing of value, on behalf of the insured acts, aids, advertises, or solicits business to ascertain, determine, negotiate, or settle the amount of a claim, loss, or damage, solely in relation to first party claims arising under contracts that insure the real or personal property of the insured. (5) State.--The term ``State'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. (6) State law.--The term ``State law'' includes all laws, decisions, rules, regulations, or other State action of any State having the effect of law; and a law of the United States applicable only to the District of Columbia shall be treated as a State law rather than as a law of the United States.

Claims Licensing Advancement for Interstate Matters Act or CLAIM Act - Urges the National Association of Insurance Commissioners (NAIC) to: (1) adopt a model independent claims adjuster licensing Act meeting specified criteria, and (2) adopt and administer a multi-state examination for an independent claims adjuster seeking to adjust claims in a jurisdiction other than his or her home state. Authorizes the NAIC to prescribe examinee eligibility requirements, and requires any multi-state examination to require adjusters to demonstrate essential competence with cross-jurisdictional legal and regulatory concepts. Declares that nothing in this Act shall be construed to: (1) require a state to adopt licensing requirements for independent claims adjusters if it does not have such requirements. (2) limit the right of a state to establish licensing fees or enforce its laws regarding the adjusting of insurance claims, provided that such a fee is uniform regardless of the licensee's state of residence. Or (3) affect the jurisdiction and authority of a state insurance regulator to prescribe and enforce its insurance laws, rules, and regulations governing independent claims adjuster activity in its jurisdiction. Sets forth criteria for state compliance with this Act, including reciprocity. Authorizes an independent claims adjuster meeting the requirements of this Act to ascertain, determine, negotiate, or settle a claim in a state that is not in compliance with this Act, but only if the adjuster: (1) holds a valid license in his or her home state, and (2) has passed any multi-state examination established and administered by the NAIC. Prohibits a state from imposing additional requirements upon such an adjuster. Authorizes an independent claims adjuster meeting the licensure and examination requirements of this Act to adjust claims for losses related to any presidentially-designated major disaster, regardless of the licensure requirements of the state where the disaster is located.

CLAIM Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Claims Licensing Advancement for Interstate Matters Act" or the "CLAIM Act". <SECTION-HEADER> MODEL LICENSING ACT. To promote the policy of robust consumer protection for and more efficient interstate adjusting of property, casualty, disability, or workers' compensation claims, the Congress hereby urges the National Association of Insurance Commissioners to adopt a model independent claims adjuster licensing Act that contains basic standards for the integrity, personal qualifications, education, training, and experience required of independent claims adjusters, including continuing education requirements and ethics course requirements. And does not impose any limitation or condition upon any independent claims adjuster to be licensed or otherwise authorized to do business in a State because of his or her status as a non-resident of that State. <SECTION-HEADER> MULTI-STATE EXAMINATION. Establishment. The Congress hereby urges the NAIC to adopt and administer a multi-State examination for an independent claims adjuster seeking to adjust claims in a jurisdiction other than his or her home State. Examinee Eligibility. The NAIC may require that, as a condition for taking a multi-State examination administered pursuant to this section, the examinee shall be duly licensed as an independent claims adjuster by his or her home State. Meet such integrity, degree, training, and experience requirements as the NAIC considers necessary. And meet any continuing education requirements as established by his or her home State. Cross-Jurisdiction Competency. Any multi-State examination administered pursuant to this section shall require adjusters to demonstrate essential competence with cross-jurisdictional legal and regulatory concepts, and shall include such ethics and other testing as the NAIC deems necessary. <SECTION-HEADER> STATE AUTHORITIES. Nothing in this Act shall be construed to require a State that does not have licensing requirements for independent claims adjusters to adopt any such requirements. Subject to section 6, limit the right of a State to establish licensing fees or enforce its laws regarding the adjusting of insurance claims, provided that such fee is uniform regardless of the State of residence of the licensee. Or affect the jurisdiction and authority of a State insurance regulator to prescribe and enforce its insurance laws, rules, and regulations regulating independent claims adjuster activity in its jurisdiction. <SECTION-HEADER> INTERSTATE CLAIMS ADJUSTING LICENSING REFORMS. In General. A State is in compliance with the requirements of this subsection, and section 6 shall not apply with respect to such State, if before the expiration of the 4-year period beginning on the date of the enactment of this Act the State has enacted and has in effect in the case only of a State that requires and issues licenses for independent claims adjusters, laws and regulations governing individuals and entities authorized to operate as independent claims adjusters within the State that are functionally equivalent in meaning and effect to those under any model act developed pursuant to section 2. And laws and regulations governing non-home State individuals and entities operating as independent claims adjusters within that State that provide for the reciprocity required under subsection (c) with other States. Uniformity Requirements. A State that licenses independent claims adjusters shall be deemed to have established the uniformity referred to in subsection (a)(1) if it has enacted and adheres to criteria for the licensing and authorization of adjusters that are functionally equivalent in meaning and effect to those set forth in a model act established pursuant to section 2. Reciprocity Requirements. The laws and regulations of a certain State shall be considered to provide for the reciprocity required under this subsection only if such laws and regulations do not require licensure of independent claims adjusters. Or permit any independent claims adjuster who has a license in another State that is the adjuster's home State to obtain authorization to engage in the business of adjusting in such certain State as a non-resident to the same extent that such adjuster is permitted to practice in the adjuster's home State, without satisfying any additional requirements other than, if required under applicable law, to submit proof of being licensed in good standing in the adjuster's home State. Provided, That such home State has enacted laws and regulations governing individuals and entities authorized to operate as independent claims adjusters within such home State that are functionally equivalent in meaning and effect to those under any model act developed pursuant to section 2. And payment of any requisite fee to the appropriate authority of the certain State. Provided, That the amount of such fee does not exceed any fee required to be paid by an adjuster whose home State is such certain State. NAIC Determination. Determination. A State shall be considered to be in compliance with subsection (a) for purposes of this Act if the NAIC determines that, before the expiration of the 4-year period beginning on the date of enactment of this Act, the State is in compliance with the requirements under such subsection. Continued review. With respect to any State that the NAIC has determined to be in compliance with the requirements of subsection (a), the Congress hereby urges NAIC to continue to review and determine such State's compliance with the requirements of subsection (a) on an annual basis. If the NAIC determines at any time that a State no longer is in compliance with the requirements of subsection (a), section 6 shall apply with respect to such State. Judicial review. The appropriate United States District Court shall have exclusive jurisdiction over any challenge arising under this section. The court shall apply the standards set forth in section 706 of title 5, United States Code, in reviewing any such challenge. <SECTION-HEADER> AUTHORITY FOR INTERSTATE CLAIMS ADJUSTING. Authority. In the case of any State that requires and issues licenses for independent claims adjusters but is not in compliance with section 5(a), after the expiration of the 4-year period beginning on the date of the enactment of this Act, an independent claims adjuster and the adjuster's employer may ascertain, determine, negotiate, or settle a claim in such State, but only if the adjuster meets the following requirements: The independent claims adjuster holds a valid such license in his or her home State. If the NAIC has established and administers a multi- State examination pursuant to section 3, the adjuster has passed such examination. Prohibition of Additional State Requirements. An independent claims adjuster authorized under subsection (a) to investigate, evaluate, negotiate the resolution of a claim in a State that is not in compliance with section 5 shall not be subject to any additional licensure or other requirements from such State in order to adjust claims and otherwise act as an independent claims adjuster in such State. <SECTION-HEADER> ACCELERATING CLAIMS ADJUSTING OF LOSSES CAUSED BY NATURAL OR OTHER DISASTERS. Authority to Adjust. An independent claims adjuster meeting the requirements of subsection (b) may adjust claims for losses related to any natural or other disaster, occurring in any jurisdiction, that has been designated by the President as a major disaster pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act notwithstanding the licensure requirements of the State in which the disaster area for the major disaster is located and notwithstanding the requirements under section 6 of this Act for interstate claims licensing. Adjuster Requirements. The requirements under this subsection with respect to an independent claims adjuster are as follows: State license. The adjuster holds a valid license as an independent claims adjuster in his or her home State (whether actual or designated, pursuant to section 8(a)(1)). Multi-state examination. If the NAIC has adopted and administers a multi-State examination pursuant to section 3, the adjuster has passed such an examination. <SECTION-HEADER> DEFINITIONS. For purposes of this Act, the following definitions shall apply: Home state. Actual. The term "home State" means, with respect to an independent claims adjuster, the State in which the adjuster maintains his, her, or its principal place of residence or business and is licensed as an independent claims adjuster. Designated. If the State in which an independent claims adjuster maintains his or her principal place of residence or business does not issue an independent claims adjuster license for the line or lines of authority sought, such term means any other State in which the independent claims adjuster is so licensed and that is designated by such adjuster as his or her home State. Independent claims adjuster. The term "independent claims adjuster" means an individual, other than a public adjuster, who undertakes on behalf of insurers or self-insurers to investigate, evaluate, and negotiate the resolution of the amount of a property, casualty, disability, or workers' compensation claim, loss, or damage on behalf of an insurance policy or insurer or as a third-party on behalf of a self- insurer. Such term includes company or staff adjusters, who are individuals, other than a public adjuster, employed by property casualty insurers and undertake to investigate, evaluate, and negotiate the resolution of a property, casualty, disability, or workers' compensation claim, loss, or damage on behalf of an insurance policy or insurer. Naic. The term "NAIC" means the National Association of Insurance Commissioners. Public adjuster. The term "public adjuster" means any person who, for compensation or any other thing of value, on behalf of the insured acts, aids, advertises, or solicits business to ascertain, determine, negotiate, or settle the amount of a claim, loss, or damage, solely in relation to first party claims arising under contracts that insure the real or personal property of the insured. State. The term "State" means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. State law. The term "State law" includes all laws, decisions, rules, regulations, or other State action of any State having the effect of law. And a law of the United States applicable only to the District of Columbia shall be treated as a State law rather than as a law of the United States.

Claims Licensing Advancement for Interstate Matters Act or CLAIM Act - Urges the National Association of Insurance Commissioners (NAIC) to: (1) adopt a model independent claims adjuster licensing Act meeting specified criteria, and (2) adopt and administer a multi-state examination for an independent claims adjuster seeking to adjust claims in a jurisdiction other than his or her home state. Authorizes the NAIC to prescribe examinee eligibility requirements, and requires any multi-state examination to require adjusters to demonstrate essential competence with cross-jurisdictional legal and regulatory concepts. Declares that nothing in this Act shall be construed to: (1) require a state to adopt licensing requirements for independent claims adjusters if it does not have such requirements. (2) limit the right of a state to establish licensing fees or enforce its laws regarding the adjusting of insurance claims, provided that such a fee is uniform regardless of the licensee's state of residence. Or (3) affect the jurisdiction and authority of a state insurance regulator to prescribe and enforce its insurance laws, rules, and regulations governing independent claims adjuster activity in its jurisdiction. Sets forth criteria for state compliance with this Act, including reciprocity. Authorizes an independent claims adjuster meeting the requirements of this Act to ascertain, determine, negotiate, or settle a claim in a state that is not in compliance with this Act, but only if the adjuster: (1) holds a valid license in his or her home state, and (2) has passed any multi-state examination established and administered by the NAIC. Prohibits a state from imposing additional requirements upon such an adjuster. Authorizes an independent claims adjuster meeting the licensure and examination requirements of this Act to adjust claims for losses related to any presidentially-designated major disaster, regardless of the licensure requirements of the state where the disaster is located.

CLAIM Act

109_hr5843

SECTION 1. SHORT TITLE. This Act may be cited as the ``COBRA Enhancement and Healthcare Relief Act of 2006''. SEC. 2. EXTENSION OF COBRA CONTINUATION COVERAGE. (a) Under ERISA.--Section 602(2)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)) is amended-- (1) by amending clause (i) to read as follows: ``(i) General rule.--In the case of a qualifying event not described in section 603(6), the date that is 36 months after the date of the qualifying event.''; (2) by striking clauses (ii), (iv), and (v) and by striking the sentence beginning ``In the case of a qualified beneficiary''; and (3) by redesignating clause (iii) as clause (ii). (b) Under PHSA.--Section 2202(2)(A) of the Public Health Service Act (42 U.S.C. 300bb-2(2)(A)) is amended to read as follows: ``(A) Maximum required period.--The date that is 36 months after the date of the qualifying event.''. (c) Under IRC.--Section 4980B(f)(2)(B)(i) of the Internal Revenue Code of 1986 is amended-- (1) by amending subclause (I) to read as follows: ``(I) General rule.--In the case of a qualifying event not described in paragraph (3)(F), the date that is 36 months after the date of the qualifying event.''; (2) by striking subclauses (II), (IV), and (V) and by striking the sentence beginning ``In the case of a qualified beneficiary''; and (3) by redesignating subclause (III) as subclause (II). (d) Under FEHBP.--Section 8905a(e) of title 5, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``18 months'' and inserting ``36 months''; (2) in paragraph (1)(C), by striking ``24 months'' and inserting ``36 months''; and (3) in paragraph (2)(C), by striking ``18-month'' and inserting ``36-month''. (e) Effective Date.--The amendments made by this section shall apply to qualifying events occurring on or after the date that is 18 months before the date of the enactment of this Act. SEC. 3. TAX CREDIT FOR COST OF COBRA CONTINUATION COVERAGE. (a) In General.--Subpart C of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. COBRA CONTINUATION COVERAGE. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A an amount equal to the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under COBRA continuation coverage for months beginning in the taxable year. ``(b) Limitations.-- ``(1) In general.--The amount allowable as a credit under subsection (a) for the taxable year shall not exceed the sum of the monthly limitations for months during such taxable year. ``(2) Monthly limitation.--The monthly limitation for any month is the product of the credit percentage for such month multiplied by the amounts paid by the taxpayer for such month which may be taken into account under subsection (a). ``(3) Credit percentage.--The credit percentage for any month in any period of COBRA continuation coverage is-- ``(A) 100 percent, in the case of the first 12 months of such period, ``(B) 50 percent, in the case of the first 12 months after the months to which subparagraph (A) applies, and ``(C) zero, in the case of any month thereafter. ``(c) Qualifying Family Member.--For purposes of this section, the term `qualifying family member' means the taxpayer's spouse and any dependent of the taxpayer. ``(d) COBRA Continuation Coverage.--For purposes of this section, the term `COBRA continuation coverage' means coverage under a COBRA continuation provision (as defined in section 9832(d)(1)). ``(e) Other Specified Coverage.--Amounts paid for COBRA continuation coverage of any individual for any month shall not be taken into account under subsection (a) if such individual has other specified coverage for such month (within the meaning of section 35(f)). ``(f) Special Rules.-- ``(1) Coordination with advance payments of credit.--With respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7529 for months beginning in such taxable year. ``(2) Coordination with other deductions.--Amounts taken into account under subsection (a) shall not be taken into account in determining any deduction allowed under section 162(l) or 213. ``(3) Coordination with other health insurance costs credit.--Amounts taken into account under subsection (a) with respect to coverage for any month shall not be taken into account in determining the credit allowed under section 35. Any taxpayer who would (but for the preceding sentence) be allowed a credit under section 35 may elect not to have this section apply with respect to amounts paid for coverage for any month during the taxable year. ``(4) Medical and health savings accounts.--Amounts distributed from an Archer MSA (as defined in section 220(d)) or from a health savings account (as defined in section 223(d)) shall not be taken into account under subsection (a). ``(5) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(6) Separate returns.--The spouse of the taxpayer shall not be treated as a qualifying family member for purposes of this section if the taxpayer files a separate return for the taxable year. ``(7) Insurance which covers other individuals .--For purposes of this section, rules similar to the rules of section 213(d)(6) shall apply with respect to any contract for COBRA continuation coverage under which amounts are payable for coverage of an individual other than the taxpayer and qualifying family members. ``(8) Treatment of payments.--For purposes of this section-- ``(A) Payments by secretary.--Payments made by the Secretary on behalf of any individual under section 7529 (relating to advance payment of credit for cost of COBRA continuation coverage) shall be treated as having been made by the taxpayer on the first day of the month for which such payment was made. ``(B) Payments by taxpayer.--Payments made by the taxpayer for coverage months shall be treated as having been made by the taxpayer on the first day of the month for which such payment was made. ``(9) Regulations.--The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section, section 6050U, and section 7529.''. (b) Advance Payment of Credit as Premium Payment for COBRA Continuation Coverage.--Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following: ``SEC. 7529. ADVANCE PAYMENT OF CREDIT AS PREMIUM PAYMENT FOR COBRA CONTINUATION COVERAGE. ``(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish a program for making payments to providers of COBRA continuation coverage (as defined in section 36(d)) on behalf of taxpayers eligible for the credit under section 36. ``(b) Limitations.-- ``(1) Termination after first 12 months of coverage.--The Secretary shall not make any payment under subsection (a) with respect to any individual for COBRA continuation coverage of such individual for any month after the first 12 months of any period of COBRA continuation coverage. ``(2) Dollar limitation.--The Secretary may make payments under subsection (a) only to the extent that the such payment does not exceed 100 percent of the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under COBRA continuation coverage for the months to which such payment relates.''. (c) Disclosure of Return Information for Purposes of Carrying Out Advance Payment Program.-- (1) In general.--Subsection (l) of section 6103 of such Code is amended by adding at the end the following new paragraph: ``(21) Disclosure of return information for purposes of advance payment of credit as premium payment for cobra continuation coverage.--The Secretary may, on behalf of taxpayers eligible for the credit under section 36, disclose to a provider of COBRA continuation coverage (as defined in section 36(d)), and persons acting on behalf of such provider, return information with respect to any such taxpayer only to the extent necessary (as prescribed by regulations issued by the Secretary) to carry out the program established by section 7529 (relating to advance payment of credit as premium payment for COBRA continuation coverage).''. (2) Confidentiality of information.--Paragraph (3) of section 6103(a) of such Code is amended by striking ``or (20)'' and inserting ``(20), or (21)''. (3) Unauthorized disclosure.--Paragraph (2) of section 7213(a) of such Code is amended by striking ``or (20)'' and inserting ``(20), or (21)''. (d) Information Reporting.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of such Code (relating to information concerning transactions with other persons) is amended by inserting after section 6050T the following new section: ``SEC. 6050U. RETURNS RELATING TO CREDIT FOR COBRA CONTINUATION COVERAGE. ``(a) Requirement of Reporting.--Every person who is entitled to receive payments for any month of any calendar year under section 7529 (relating to advance payment of credit as premium payment for COBRA continuation coverage) with respect to any individual shall, at such time as the Secretary may prescribe, make the return described in subsection (b) with respect to each such individual. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, and ``(2) contains-- ``(A) the name, address, and TIN of each individual referred to in subsection (a), ``(B) the number of months for which amounts were entitled to be received with respect to such individual under section 7529 (relating to advance payment of credit as premium payment for COBRA continuation coverage), ``(C) the amount entitled to be received for each such month, and ``(D) such other information as the Secretary may prescribe. ``(c) Statements to Be Furnished to Individuals With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return and the phone number of the information contact for such person, and ``(2) the information required to be shown on the return with respect to such individual. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made.''. (2) Assessable penalties.-- (A) Subparagraph (B) of section 6724(d)(1) of such Code (relating to definitions) is amended by redesignating clauses (xiii) through (xviii) as clauses (xiv) through (xix), respectively, and by inserting after clause (xii) the following new clause: ``(xiii) section 6050U (relating to returns relating to credit for COBRA continuation coverage),''. (B) Paragraph (2) of section 6724(d) of such Code is amended by striking ``or'' at the end of subparagraph (AA), by striking the period at the end of subparagraph (BB) and inserting ``, or'', and by adding after subparagraph (BB) the following new subparagraph: ``(CC) section 6050U (relating to returns relating to credit for COBRA continuation coverage).''. (e) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or section 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating the item relating to section 36 as an item relating to section 37 and by inserting after the item relating to section 35 the following new item: ``Sec. 36. COBRA continuation coverage.''. (3) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050U. Returns relating to credit for COBRA continuation coverage.''. (4) The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Advance payment of credit as premium payment for COBRA continuation coverage.''. (f) Effective Date.--The amendments made by this section shall apply to amounts paid for coverage months beginning after the date of the enactment of this Act, in taxable years ending after such date. SEC. 4. REDUCTION IN BENEFIT OF RATE REDUCTION FOR FAMILIES WITH INCOMES OVER $1,000,000. (a) General Rule.--Section 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Reduction in Benefit of Rate Reduction for Families With Incomes Over $1,000,000.-- ``(1) In general.--If the adjusted gross income of a taxpayer exceeds the threshold amount, the tax imposed by this section (determined without regard to this subsection) shall be increased by an amount equal to the applicable percentage of so much of the adjusted gross income as exceeds the threshold amount. ``(2) Threshold amounts.--For purposes of this subsection, the term `threshold amount' means-- ``(A) $1,000,000 in the case of a joint return, and ``(B) $500,000 in the case of any other return. ``(3) Applicable percentage.--For purposes of this subsection, the term `applicable percentage' means, with respect to any taxable year, such percentage as is estimated by the Secretary to result in an increase in the revenues to the Treasury for such taxable year which is equal to the decrease (if any) in the revenues to the Treasury that the Secretary estimates results from the application of sections 36 and 7529 for such taxable year. ``(4) Tax not to apply to estates and trusts.--This subsection shall not apply to an estate or trust. ``(5) Special rule.--For purposes of section 55, the amount of the regular tax shall be determined without regard to this subsection.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (c) Application of EGTRRA Sunset.--The amendment made by this section shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 to the same extent and in the same manner as section 101 of such Act. (d) Section 15 Not to Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986.

COBRA Enhancement and Health Care Relief Act of 2006 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, the Internal Revenue Code, and related federal law provisions to extend from 18 to 36 months the period during which employees and other individuals whose group health care coverage has terminated can continue such coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 . Amends the Internal Revenue Code to: (1) allow individual taxpayers a tax credit for the cost of COBRA continuation coverage. (2) provide for advance payments of such credit to cover current COBRA continuation coverage premiums. And (3) increase tax rates for individuals with adjusted gross incomes over $500,000 .

To amend the COBRA continuation Act provisions to extend COBRA continuation coverage from 18 months to 36 months, to provide a tax credit for the cost of such coverage, and to reduce the income tax rate reduction for families with incomes of more than a million dollars.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "COBRA Enhancement and Healthcare Relief Act of 2006". <SECTION-HEADER> EXTENSION OF COBRA CONTINUATION COVERAGE. Under ERISA. Section 602(2)(A) of the Employee Retirement Income Security Act of 1974 (29 USC. 1162(2)(A)) is amended by amending clause (i) to read as follows: General rule. In the case of a qualifying event not described in section 603(6), the date that is 36 months after the date of the qualifying event.". By striking clauses (ii), (iv), and (v) and by striking the sentence beginning "In the case of a qualified beneficiary". And by redesignating clause (iii) as clause (ii). Under PHSA. Section 2202(2)(A) of the Public Health Service Act (42 USC. 300bb-2(2)(A)) is amended to read as follows: Maximum required period. The date that is 36 months after the date of the qualifying event.". Under IRC. Section 4980B(f)(2)(B)(i) of the Internal Revenue Code of 1986 is amended by amending subclause (I) to read as follows: General rule. In the case of a qualifying event not described in paragraph (3)(F), the date that is 36 months after the date of the qualifying event.". By striking subclauses (II), (IV), and (V) and by striking the sentence beginning "In the case of a qualified beneficiary". And by redesignating subclause (III) as subclause (II). Under FEHBP. Section 8905a(e) of title 5, United States Code, is amended in paragraph (1)(A), by striking "18 months" and inserting "36 months". In paragraph (1)(C), by striking "24 months" and inserting "36 months". And in paragraph (2)(C), by striking "18-month" and inserting "36-month". Effective Date. The amendments made by this section shall apply to qualifying events occurring on or after the date that is 18 months before the date of the enactment of this Act. <SECTION-HEADER> TAX CREDIT FOR COST OF COBRA CONTINUATION COVERAGE. In General. Subpart C of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: "Section 36. COBRA CONTINUATION COVERAGE. In General. In the case of an individual, there shall be allowed as a credit against the tax imposed by subtitle A an amount equal to the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under COBRA continuation coverage for months beginning in the taxable year. Limitations. In general. The amount allowable as a credit under subsection (a) for the taxable year shall not exceed the sum of the monthly limitations for months during such taxable year. Monthly limitation. The monthly limitation for any month is the product of the credit percentage for such month multiplied by the amounts paid by the taxpayer for such month which may be taken into account under subsection (a). Credit percentage. The credit percentage for any month in any period of COBRA continuation coverage is 100 percent, in the case of the first 12 months of such period, 50 percent, in the case of the first 12 months after the months to which subparagraph (A) applies, and zero, in the case of any month thereafter. Qualifying Family Member. For purposes of this section, the term `qualifying family member' means the taxpayer's spouse and any dependent of the taxpayer. COBRA Continuation Coverage. For purposes of this section, the term `COBRA continuation coverage' means coverage under a COBRA continuation provision (as defined in section 9832(d)(1)). Other Specified Coverage. Amounts paid for COBRA continuation coverage of any individual for any month shall not be taken into account under subsection (a) if such individual has other specified coverage for such month (within the meaning of section 35(f)). Special Rules. Coordination with advance payments of credit. With respect to any taxable year, the amount which would be allowed as a credit to the taxpayer under subsection (a) shall be reduced by the aggregate amount paid on behalf of such taxpayer under section 7529 for months beginning in such taxable year. Coordination with other deductions. Amounts taken into account under subsection (a) shall not be taken into account in determining any deduction allowed under section 162(l) or 213. Coordination with other health insurance costs credit. Amounts taken into account under subsection (a) with respect to coverage for any month shall not be taken into account in determining the credit allowed under section 35. Any taxpayer who would be allowed a credit under section 35 may elect not to have this section apply with respect to amounts paid for coverage for any month during the taxable year. Medical and health savings accounts. Amounts distributed from an Archer MSA (as defined in section 220(d)) or from a health savings account (as defined in section 223(d)) shall not be taken into account under subsection (a). Denial of credit to dependents. No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. Separate returns. The spouse of the taxpayer shall not be treated as a qualifying family member for purposes of this section if the taxpayer files a separate return for the taxable year. Insurance which covers other individuals . For purposes of this section, rules similar to the rules of section 213(d)(6) shall apply with respect to any contract for COBRA continuation coverage under which amounts are payable for coverage of an individual other than the taxpayer and qualifying family members. Treatment of payments. For purposes of this section Payments by secretary. Payments made by the Secretary on behalf of any individual under section 7529 shall be treated as having been made by the taxpayer on the first day of the month for which such payment was made. Payments by taxpayer. Payments made by the taxpayer for coverage months shall be treated as having been made by the taxpayer on the first day of the month for which such payment was made. Regulations. The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section, section 6050U, and section 7529.". Advance Payment of Credit as Premium Payment for COBRA Continuation Coverage. Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following: "Section 7529. ADVANCE PAYMENT OF CREDIT AS PREMIUM PAYMENT FOR COBRA CONTINUATION COVERAGE. In General. Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish a program for making payments to providers of COBRA continuation coverage (as defined in section 36(d)) on behalf of taxpayers eligible for the credit under section 36. Limitations. Termination after first 12 months of coverage. The Secretary shall not make any payment under subsection (a) with respect to any individual for COBRA continuation coverage of such individual for any month after the first 12 months of any period of COBRA continuation coverage. Dollar limitation. The Secretary may make payments under subsection (a) only to the extent that the such payment does not exceed 100 percent of the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under COBRA continuation coverage for the months to which such payment relates.". Disclosure of Return Information for Purposes of Carrying Out Advance Payment Program. In general. Subsection (l) of section 6103 of such Code is amended by adding at the end the following new paragraph: Disclosure of return information for purposes of advance payment of credit as premium payment for cobra continuation coverage. The Secretary may, on behalf of taxpayers eligible for the credit under section 36, disclose to a provider of COBRA continuation coverage (as defined in section 36(d)), and persons acting on behalf of such provider, return information with respect to any such taxpayer only to the extent necessary to carry out the program established by section 7529 .". Confidentiality of information. Paragraph (3) of section 6103(a) of such Code is amended by striking "or (20)" and inserting "(20), or (21)". Unauthorized disclosure. Paragraph (2) of section 7213(a) of such Code is amended by striking "or (20)" and inserting "(20), or (21)". Information Reporting. In general. Subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after section 6050T the following new section: "Section 6050U. RETURNS RELATING TO CREDIT FOR COBRA CONTINUATION COVERAGE. Requirement of Reporting. Every person who is entitled to receive payments for any month of any calendar year under section 7529 with respect to any individual shall, at such time as the Secretary may prescribe, make the return described in subsection (b) with respect to each such individual. Form and Manner of Returns. A return is described in this subsection if such return is in such form as the Secretary may prescribe, and contains the name, address, and TIN of each individual referred to in subsection (a), the number of months for which amounts were entitled to be received with respect to such individual under section 7529 , the amount entitled to be received for each such month, and such other information as the Secretary may prescribe. Statements to Be Furnished to Individuals With Respect to Whom Information Is Required. Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing the name and address of the person required to make such return and the phone number of the information contact for such person, and the information required to be shown on the return with respect to such individual. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made.". Assessable penalties. Subparagraph (B) of section 6724(d)(1) of such Code is amended by redesignating clauses (xiii) through (xviii) as clauses through (xix), respectively, and by inserting after clause (xii) the following new clause: section 6050U ,". Paragraph (2) of section 6724(d) of such Code is amended by striking "or" at the end of subparagraph (AA), by striking the period at the end of subparagraph (BB) and inserting ", or", and by adding after subparagraph (BB) the following new subparagraph: section 6050U .". Conforming Amendments. Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting "or section 36" after "section 35". The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating the item relating to section 36 as an item relating to section 37 and by inserting after the item relating to section 35 the following new item: "<SECTION-HEADER> COBRA continuation coverage.". The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: "Section 6050U. Returns relating to credit for COBRA continuation coverage.". The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: "Section 7529. Advance payment of credit as premium payment for COBRA continuation coverage.". Effective Date. The amendments made by this section shall apply to amounts paid for coverage months beginning after the date of the enactment of this Act, in taxable years ending after such date. <SECTION-HEADER> REDUCTION IN BENEFIT OF RATE REDUCTION FOR FAMILIES WITH INCOMES OVER $1,000,000. General Rule. Section 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: Reduction in Benefit of Rate Reduction for Families With Incomes Over $1,000,000. In general. If the adjusted gross income of a taxpayer exceeds the threshold amount, the tax imposed by this section shall be increased by an amount equal to the applicable percentage of so much of the adjusted gross income as exceeds the threshold amount. Threshold amounts. For purposes of this subsection, the term `threshold amount' means $1,000,000 in the case of a joint return, and $500,000 in the case of any other return. Applicable percentage. For purposes of this subsection, the term `applicable percentage' means, with respect to any taxable year, such percentage as is estimated by the Secretary to result in an increase in the revenues to the Treasury for such taxable year which is equal to the decrease in the revenues to the Treasury that the Secretary estimates results from the application of sections 36 and 7529 for such taxable year. Tax not to apply to estates and trusts. This subsection shall not apply to an estate or trust. Special rule. For purposes of section 55, the amount of the regular tax shall be determined without regard to this subsection.". Effective Date. The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. Application of EGTRRA Sunset. The amendment made by this section shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 to the same extent and in the same manner as section 101 of such Act. Section 15 Not to Apply. The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986.

COBRA Enhancement and Health Care Relief Act of 2006 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, the Internal Revenue Code, and related federal law provisions to extend from 18 to 36 months the period during which employees and other individuals whose group health care coverage has terminated can continue such coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 . Amends the Internal Revenue Code to: (1) allow individual taxpayers a tax credit for the cost of COBRA continuation coverage. (2) provide for advance payments of such credit to cover current COBRA continuation coverage premiums. And (3) increase tax rates for individuals with adjusted gross incomes over $500,000 .

To amend the COBRA continuation Act provisions to extend COBRA continuation coverage from 18 months to 36 months, to provide a tax credit for the cost of such coverage, and to reduce the income tax rate reduction for families with incomes of more than a million dollars.

106_hr2567

SECTION 1. MENTAL HEALTH AND STUDENT SERVICE PROVIDERS. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following: ``PART L--MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``SEC. 10993. FINDINGS. ``Congress finds the following: ``(1) Although 7,500,000 children under the age of 18 require mental health services, fewer than 1 in 5 of these children receive the services. ``(2) Across the United States, counseling professionals are stretched thin, and often students do not get the help the students need. The current national average ratio of students to counselors in elementary and secondary schools is 513:1. ``(3) United States schools need more mental health professionals, and the flexibility to hire the professionals that will best serve their students. ``(4) The maximum recommended ratio of-- ``(A) students to counselors is 250:1; ``(B) students to psychologists is 1,000:1; and ``(C) students to social workers is 800:1. ``(5) In States like California or Minnesota, 1 counselor typically serves more than 1,000 students. In some schools, no counselor is available to assist students in times of crisis, or at any other time. In Colorado, the average student-to- counselor ratio is 645:1. ``(6) The number of students is expected to grow significantly over the next few years. During this time, many school-based mental health professionals who currently serve our Nation's youth will retire. Not counting these retirements, over 100,000 new school counselors will be needed to decrease the student-to-counselor ratio to 250:1 by the year 2005. ``(7) The Federal support for reducing the student-to- counselor ratio would pay for itself, through reduced incidences of death, violence, and substance abuse, and through improvements in students' academic achievement, graduation rates, college attendance, and employment. ``SEC. 10993A. PURPOSE. ``The purpose of this part is to help States and local educational agencies recruit, train, and hire 141,000 additional school-based mental health personnel, including 100,000 additional counselors, 21,000 additional school psychologists, and 20,000 additional school social workers over a 5-year period-- ``(1) to reduce the student-to-counselor ratios nationally, in elementary and secondary schools, to an average of-- ``(A) 1 school counselor for every 250 students ``(B) 1 school psychologist for every 1,000 students; and ``(C) 1 social worker for every 800 students; as recommended in a report by the Institute of Medicine of the National Academy of Sciences relating to schools and health, issued in 1997; ``(2) to help adequately address the mental, emotional, and developmental needs of elementary and secondary school students; ``(3) to remove the emotional, behavioral, and psycho- social barriers to learning so as to enhance the classroom preparedness and ability to learn of students; ``(4) to support school staff and teachers in improving classroom management, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services; and ``(5) to support parents in improving the school behavior and academic success of their children. ``SEC. 10993B. DEFINITIONS. ``In this part: ``(1) Mental health and student service provider.--The term `mental health and student service provider' includes a qualified school counselor, school psychologist, or school social worker. ``(2) Mental health and student services.--The term `mental health and student services' includes direct, individual, and group services provided to students, parents, and school personnel by mental health and student service providers, or the coordination of prevention strategies in schools or community-based programs. ``(3) Poverty line.--The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. ``(4) School counselor.--The term `school counselor' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- ``(A) possesses State licensure or certification granted by an independent professional regulatory authority; ``(B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or ``(C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. ``(5) School psychologist.--The term `school psychologist' means an individual who-- ``(A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in the school setting; ``(B) possesses State licensure or certification in the State in which the individual works; or ``(C) in the absence of such State licensure or certification, possesses national certification by the National School Psychology Certification Board. ``(6) School social worker.--The term `school social worker' means an individual who holds a master's degree in social work and is licensed or certified by the State in which services are provided or holds a school social work specialist credential. ``(7) State.--The term `State' means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. ``SEC. 10993C. ALLOTMENTS TO STATES. ``(a) Allotments.--From the amount appropriated under section 10993H for a fiscal year, the Secretary-- ``(1) shall make a total of 1 percent available to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities that achieve the purposes of this part; and ``(2) shall allot to each eligible State the same percentage of the remaining funds as the percentage the State received of funds allocated to States for the previous fiscal year under part A of title I, except that such allotments shall be ratably decreased as necessary. ``(b) State-Level Expenses.--Each State may use not more than \1/2\ of 1 percent of the amount the State receives under this part, or $50,000, whichever is greater, for a fiscal year, for the administrative costs of the State educational agency in carrying out this part. ``SEC. 10993D. STATE APPLICATIONS. ``(a) In General.--To be eligible to receive an allotment under section 10993C, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the State will provide the State share of the cost described in section 10993G. ``(b) Approval.--In approving the applications, the Secretary shall, to the extent practicable, approve applications to fund, in the aggregate, 100,000 additional counselors, 21,000 additional school psychologists, and 20,000 additional school social workers. ``SEC. 10993E. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES. ``(a) Within State Distribution.-- ``(1) In general.--After using funds in accordance with section 10993C(b), each State that receives an allotment under section 10993C shall allocate to eligible local educational agencies in the State the total of-- ``(A) the amount of the allotted funds that remain; and ``(B) the State share of the cost described in section 10993G for the local educational agencies. ``(2) Allocation.--From the total described in paragraph (1), the State shall allocate to each local educational agency an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 80 percent of such total as the number of children in poverty who reside in the school district served by the local educational agency bears to the number of such children who reside in all the school districts in the State; and ``(B) an amount that bears the same relationship to 20 percent of such total as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the school district served by the local educational agency bears to the number of children enrolled in all such schools in the State. ``(3) Data.--For purposes of paragraph (2), the State shall use data from the most recent fiscal year for which satisfactory data are available, except that the State may adjust such data, or use alternative child poverty data, to carry out paragraph (2) if the State demonstrates to the Secretary's satisfaction that such adjusted or alternative data more accurately reflect the relative incidence of children who are living in poverty and who reside in the school districts in the State. ``(b) Definitions.--In this section: ``(1) Child.--The term `child' means an individual who is not less than 5 and not more than 17. ``(2) Child in poverty.--The term `child in poverty' means a child from a family with an income below the poverty line. ``SEC. 10993F. LOCAL APPLICATIONS. ``To be eligible to receive an allocation under section 10993E, a local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require, including an assurance that the agency will provide the local share of the cost described in section 10993G. ``SEC. 10993G. USE OF FUNDS. ``(a) In General.--A local educational agency that receives an allocation under section 10993E shall use the funds made available through the allocation to pay for the local share of the cost of recruiting, hiring, and training mental health and student service providers to provide mental health and student services, to students in elementary schools and secondary schools, for a 1-year period. ``(b) Federal, State, and Local Shares.-- ``(1) Federal share.--The Federal share of the cost shall be 33\1/3\ percent. ``(2) State share.--The State share of the cost shall be 33\1/3\ percent. ``(3) Local share.--The local share of the cost shall be 33\1/3\ percent. ``(4) Non-federal share.--The non-Federal share of the cost may be provided in cash or in kind, fairly evaluated, including plant, equipment or services. ``SEC. 10993H. AUTHORIZATION OF APPROPRIATIONS. ``To carry out this part, there are authorized to be appropriated $340,000,000 for each of fiscal years 2000 through 2004.''.

Directs the Secretary of Education, after reserving certain funds for schools in outlying areas and schools run by the Bureau of Indian Affairs, to make program allotments to States according to a specified formula. Requires States to allocate Federal and State shares of program costs to LEAs according to specified formulas. Sets forth requirements for State and LEA applications and LEA use of funds. Requires Federal, State, and local shares of program costs to each equal one-third, but allows State and local shares to be in cash or in kind. Authorizes appropriations.

To recruit, hire, and train additional school-based mental health personnel.

<SECTION-HEADER> MENTAL HEALTH AND STUDENT SERVICE PROVIDERS. Title X of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: "PART L MENTAL HEALTH AND STUDENT SERVICE PROVIDERS "Section 10993. FINDINGS. "Congress finds the following: Although 7,500,000 children under the age of 18 require mental health services, fewer than 1 in 5 of these children receive the services. Across the United States, counseling professionals are stretched thin, and often students do not get the help the students need. The current national average ratio of students to counselors in elementary and secondary schools is 513:1. United States schools need more mental health professionals, and the flexibility to hire the professionals that will best serve their students. The maximum recommended ratio of students to counselors is 250:1, students to psychologists is 1,000:1. And students to social workers is 800:1. In States like California or Minnesota, 1 counselor typically serves more than 1,000 students. In some schools, no counselor is available to assist students in times of crisis, or at any other time. In Colorado, the average student-to- counselor ratio is 645:1. The number of students is expected to grow significantly over the next few years. During this time, many school-based mental health professionals who currently serve our Nation's youth will retire. Not counting these retirements, over 100,000 new school counselors will be needed to decrease the student-to-counselor ratio to 250:1 by the year 2005. The Federal support for reducing the student-to- counselor ratio would pay for itself, through reduced incidences of death, violence, and substance abuse, and through improvements in students' academic achievement, graduation rates, college attendance, and employment. "Section 10993A. PURPOSE. "The purpose of this part is to help States and local educational agencies recruit, train, and hire 141,000 additional school-based mental health personnel, including 100,000 additional counselors, 21,000 additional school psychologists, and 20,000 additional school social workers over a 5-year period to reduce the student-to-counselor ratios nationally, in elementary and secondary schools, to an average of 1 school counselor for every 250 students 1 school psychologist for every 1,000 students, and 1 social worker for every 800 students. As recommended in a report by the Institute of Medicine of the National Academy of Sciences relating to schools and health, issued in 1997. To help adequately address the mental, emotional, and developmental needs of elementary and secondary school students. To remove the emotional, behavioral, and psycho- social barriers to learning so as to enhance the classroom preparedness and ability to learn of students. To support school staff and teachers in improving classroom management, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. And to support parents in improving the school behavior and academic success of their children. "Section 10993B. DEFINITIONS. "In this part: Mental health and student service provider. The term `mental health and student service provider' includes a qualified school counselor, school psychologist, or school social worker. Mental health and student services. The term `mental health and student services' includes direct, individual, and group services provided to students, parents, and school personnel by mental health and student service providers, or the coordination of prevention strategies in schools or community-based programs. Poverty line. The term "poverty line" means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 USC. 9902(2)) applicable to a family of the size involved. School counselor. The term `school counselor' means an individual who has documented competence in counseling children and adolescents in a school setting and who possesses State licensure or certification granted by an independent professional regulatory authority. In the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization. Or holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. School psychologist. The term `school psychologist' means an individual who possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in the school setting. Possesses State licensure or certification in the State in which the individual works. Or in the absence of such State licensure or certification, possesses national certification by the National School Psychology Certification Board. School social worker. The term `school social worker' means an individual who holds a master's degree in social work and is licensed or certified by the State in which services are provided or holds a school social work specialist credential. State. The term `State' means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. "Section 10993C. ALLOTMENTS TO STATES. Allotments. From the amount appropriated under section 10993H for a fiscal year, the Secretary shall make a total of 1 percent available to the Secretary of the Interior and the outlying areas for activities that achieve the purposes of this part. And shall allot to each eligible State the same percentage of the remaining funds as the percentage the State received of funds allocated to States for the previous fiscal year under part A of title I, except that such allotments shall be ratably decreased as necessary. State-Level Expenses. Each State may use not more than 12 of 1 percent of the amount the State receives under this part, or $50,000, whichever is greater, for a fiscal year, for the administrative costs of the State educational agency in carrying out this part. "Section 10993D. STATE APPLICATIONS. In General. To be eligible to receive an allotment under section 10993C, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the State will provide the State share of the cost described in section 10993G. Approval. In approving the applications, the Secretary shall, to the extent practicable, approve applications to fund, in the aggregate, 100,000 additional counselors, 21,000 additional school psychologists, and 20,000 additional school social workers. "Section 10993E. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES. Within State Distribution. In general. After using funds in accordance with section 10993C(b), each State that receives an allotment under section 10993C shall allocate to eligible local educational agencies in the State the total of the amount of the allotted funds that remain. And the State share of the cost described in section 10993G for the local educational agencies. Allocation. From the total described in paragraph , the State shall allocate to each local educational agency an amount equal to the sum of an amount that bears the same relationship to 80 percent of such total as the number of children in poverty who reside in the school district served by the local educational agency bears to the number of such children who reside in all the school districts in the State. And an amount that bears the same relationship to 20 percent of such total as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the school district served by the local educational agency bears to the number of children enrolled in all such schools in the State. Data. For purposes of paragraph (2), the State shall use data from the most recent fiscal year for which satisfactory data are available, except that the State may adjust such data, or use alternative child poverty data, to carry out paragraph (2) if the State demonstrates to the Secretary's satisfaction that such adjusted or alternative data more accurately reflect the relative incidence of children who are living in poverty and who reside in the school districts in the State. Definitions. In this section: Child. The term `child' means an individual who is not less than 5 and not more than 17. Child in poverty. The term `child in poverty' means a child from a family with an income below the poverty line. "Section 10993F. LOCAL APPLICATIONS. "To be eligible to receive an allocation under section 10993E, a local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require, including an assurance that the agency will provide the local share of the cost described in section 10993G. "Section 10993G. USE OF FUNDS. In General. A local educational agency that receives an allocation under section 10993E shall use the funds made available through the allocation to pay for the local share of the cost of recruiting, hiring, and training mental health and student service providers to provide mental health and student services, to students in elementary schools and secondary schools, for a 1-year period. Federal, State, and Local Shares. Federal share. The Federal share of the cost shall be 3313 percent. State share. The State share of the cost shall be 3313 percent. Local share. The local share of the cost shall be 3313 percent. Non-federal share. The non-Federal share of the cost may be provided in cash or in kind, fairly evaluated, including plant, equipment or services. "Section 10993H. AUTHORIZATION OF APPROPRIATIONS. "To carry out this part, there are authorized to be appropriated $340,000,000 for each of fiscal years 2000 through 2004.".

Directs the Secretary of Education, after reserving certain funds for schools in outlying areas and schools run by the Bureau of Indian Affairs, to make program allotments to States according to a specified formula. Requires States to allocate Federal and State shares of program costs to LEAs according to specified formulas. Sets forth requirements for State and LEA applications and LEA use of funds. Requires Federal, State, and local shares of program costs to each equal one-third, but allows State and local shares to be in cash or in kind. Authorizes appropriations.

To recruit, hire, and train additional school-based mental health personnel.

112_hr6442

SECTION 1. REPEAL OF THE PROGRAM OF BLOCK GRANTS TO STATES FOR SOCIAL SERVICES. (a) Repeals.--Sections 2001 through 2007 of the Social Security Act (42 U.S.C. 1397-1397f) are repealed. (b) Conforming Amendments.-- (1) Section 404(d) of the Social Security Act (42 U.S.C. 604(d)) is amended-- (A) in paragraph (1), by striking ``any or all of the following provisions of law:'' and all that follows through ``The'' and inserting ``the''; (B) in paragraph (3)-- (i) by striking ``rules'' and all that follows through ``any amount'' and inserting ``rules.--Any amount''; (ii) by striking ``a provision of law specified in paragraph (1)'' and inserting ``the Child Care and Development Block Grant Act of 1990''; and (iii) by striking subparagraph (B); and (C) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (2) Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is amended-- (A) in paragraph (1)(A)-- (i) by striking ``administers or supervises'' and inserting ``administered or supervised''; and (ii) by striking ``subtitle 1 of title XX'' and inserting ``subtitle A of title XX (as in effect before the repeal of such subtitle)''; and (B) in paragraph (2), by striking ``under subtitle 1 of title XX,''. (3) Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (A) in paragraph (4), by striking ``, under subtitle 1 of title XX of this Act,''; and (B) in paragraph (8), by striking ``XIX, or XX'' and inserting ``or XIX''. (4) Section 472(h)(1) of the Social Security Act (42 U.S.C. 672(h)(1)) is amended by striking the 2nd sentence. (5) Section 473(b) of the Social Security Act (42 U.S.C. 673(b)) is amended-- (A) in paragraph (1), by striking ``(3)'' and inserting ``(2)''; (B) in paragraph (4), by striking ``paragraphs (1) and (2)'' and inserting ``paragraph (1)''; and (C) by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (6) Section 504(b)(6) of the Social Security Act (42 U.S.C. 704(b)(6)) is amended in each of subparagraphs (A) and (B) by striking ``XIX, or XX'' and inserting ``or XIX''. (7) Section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) is amended by striking the penultimate sentence. (8) Section 1128(h) of the Social Security Act (42 U.S.C. 1320a-7(h)) is amended-- (A) by adding ``or'' at the end of paragraph (2); and (B) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). (9) Section 1128A(i)(1) of the Social Security Act (42 U.S.C. 1320a-7a(i)(1)) is amended by striking ``or subtitle 1 of title XX''. (10) Section 1132(a)(1) of the Social Security Act (42 U.S.C. 1320b-2(a)(1)) is amended by striking ``XIX, or XX'' and inserting ``or XIX''. (11) Section 1902(e)(13)(F)(iii) of the Social Security Act (42 U.S.C. 1396a(e)(13)(F)(iii)) is amended-- (A) by striking ``Exclusions'' and inserting ``Exclusion''; and (B) by striking ``an agency that determines eligibility for a program established under the Social Services Block Grant established under title XX or''. (12) The headings for title XX and subtitle A of title XX of the Social Security Act are each amended by striking ``BLOCK GRANTS TO STATES FOR SOCIAL SERVICES'' and inserting ``HEALTH PROFESSIONS DEMONSTRATIONS AND ENVIRONMENTAL HEALTH CONDITION DETECTION''. (13) Section 16(k)(5)(B)(i) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(k)(5)(B)(i)) is amended by striking ``, or title XX,''. (14) Section 402(b)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(3)) is amended by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (15) Section 245A(h)(4)(I) of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1255a(h)(4)(I)) is amended by striking ``, XVI, and XX'' and inserting ``and XVI''. (16) Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended-- (A) in subsection (a)(2)-- (i) in subparagraph (B)-- (I) by striking ``--'' and all that follows through ``(i)''; (II) by striking ``or'' at the end of clause (i); and (III) by striking clause (ii); and (ii) in subparagraph (D)(ii), by striking ``or title XX''; and (B) in subsection (o)(2)(B)-- (i) by striking ``or title XX'' each place it appears; and (ii) by striking ``or XX''. (17) Section 201(b) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1931(b)) is amended by striking ``titles IV-B and XX'' and inserting ``part B of title IV''. (18) Section 3803(c)(2)(C) of title 31, United States Code, is amended by striking clause (vi) and redesignating clauses (vii) through (xvi) as clauses (vi) through (xv), respectively. (19) Section 14502(d)(3) of title 40, United States Code, is amended-- (A) by striking ``and title XX''; and (B) by striking ``, 1397 et seq.''. (20) Section 2006(a)(15) of the Public Health Service Act (42 U.S.C. 300z-5(a)(15)) is amended by striking ``and title XX of the Social Security Act''. (21) Section 203(b)(3) of the Older Americans Act of 1965 (42 U.S.C. 3013(b)(3)) is amended by striking ``XIX, and XX'' and inserting ``and XIX''. (22) Section 213 of the Older Americans Act of 1965 (42 U.S.C. 3020d) is amended by striking ``or title XX''. (23) Section 306(d) of the Older Americans Act of 1965 (42 U.S.C. 3026(d)) is amended in each of paragraphs (1) and (2) by striking ``titles XIX and XX'' and inserting ``title XIX''. (24) Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624) is amended in each of subsections (b)(4) and (j) by striking ``under title XX of the Social Security Act,''. (25) Section 602 of the Child Development Associate Scholarship Assistance Act of 1985 (42 U.S.C. 10901) is repealed. (26) Section 3(d)(1) of the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 14402(d)(1)) is amended by striking subparagraph (C) and redesignating subparagraphs (D) through (K) as subparagraphs (C) through (J), respectively. (c) Effective Date.--The repeals and amendments made by this section shall take effect 60 days after the date of the enactment of this Act.

Repeals the program of block grants to states for social services under title XX of the Social Security Act.

To amend title XX of the Social Security Act to repeal the program of block grants to States for social services, and for other purposes.

<SECTION-HEADER> REPEAL OF THE PROGRAM OF BLOCK GRANTS TO STATES FOR SOCIAL SERVICES. Repeals. Sections 2001 through 2007 of the Social Security Act are repealed. Conforming Amendments. Section 404(d) of the Social Security Act (42 USC. 604(d)) is amended in paragraph (1), by striking "any or all of the following provisions of law:" and all that follows through "The" and inserting "the". In paragraph (3) by striking "rules" and all that follows through "any amount" and inserting "rules. Any amount". By striking "a provision of law specified in paragraph (1)" and inserting "the Child Care and Development Block Grant Act of 1990", and by striking subparagraph (B). And by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). Section 422(b) of the Social Security Act (42 USC. 622(b)) is amended in paragraph (1)(A) by striking "administers or supervises" and inserting "administered or supervised". And by striking "subtitle 1 of title XX" and inserting "subtitle A of title XX ". And in paragraph (2), by striking "under subtitle 1 of title XX,". Section 471(a) of the Social Security Act (42 USC. 671(a)) is amended in paragraph (4), by striking ", under subtitle 1 of title XX of this Act,". And in paragraph (8), by striking "XIX, or XX" and inserting "or XIX". Section 472(h)(1) of the Social Security Act (42 USC. 672(h)(1)) is amended by striking the 2nd sentence. Section 473(b) of the Social Security Act (42 USC. 673(b)) is amended in paragraph (1), by striking "(3)" and inserting "(2)". In paragraph (4), by striking "paragraphs (1) and (2)" and inserting "paragraph (1)". And by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. Section 504(b)(6) of the Social Security Act (42 USC. 704(b)(6)) is amended in each of subparagraphs (A) and (B) by striking "XIX, or XX" and inserting "or XIX". Section 1101(a)(1) of the Social Security Act (42 USC. 1301(a)(1)) is amended by striking the penultimate sentence. Section 1128(h) of the Social Security Act (42 USC. 1320a-7(h)) is amended by adding "or" at the end of paragraph (2). And by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). Section 1128A(i)(1) of the Social Security Act (42 USC. 1320a-7a(i)(1)) is amended by striking "or subtitle 1 of title XX". Section 1132(a)(1) of the Social Security Act (42 USC. 1320b-2(a)(1)) is amended by striking "XIX, or XX" and inserting "or XIX". Section 1902(e)(13)(F)(iii) of the Social Security Act (42 USC. 1396a(e)(13)(F)(iii)) is amended by striking "Exclusions" and inserting "Exclusion". And by striking "an agency that determines eligibility for a program established under the Social Services Block Grant established under title XX or". The headings for title XX and subtitle A of title XX of the Social Security Act are each amended by striking "BLOCK GRANTS TO STATES FOR SOCIAL SERVICES" and inserting "HEALTH PROFESSIONS DEMONSTRATIONS AND ENVIRONMENTAL HEALTH CONDITION DETECTION". Section 16(k)(5)(B)(i) of the Food and Nutrition Act of 2008 (7 USC. 2025(k)(5)(B)(i)) is amended by striking ", or title XX,". Section 402(b)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 USC. 1612(b)(3)) is amended by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). Section 245A(h)(4)(I) of the Immigration Reform and Control Act of 1986 (8 USC. 1255a(h)(4)(I)) is amended by striking ", XVI, and XX" and inserting "and XVI". Section 17 of the Richard B. Russell National School Lunch Act is amended in subsection (a)(2) in subparagraph (B) by striking " " and all that follows through "(i)", by striking "or" at the end of clause (i), and by striking clause (ii), and in subparagraph (D)(ii), by striking "or title XX". And in subsection (o)(2)(B) by striking "or title XX" each place it appears. And by striking "or XX". Section 201(b) of the Indian Child Welfare Act of 1978 (25 USC. 1931(b)) is amended by striking "titles IV-B and XX" and inserting "part B of title IV". Section 3803(c)(2)(C) of title 31, United States Code, is amended by striking clause (vi) and redesignating clauses through (xvi) as clauses (vi) through (xv), respectively. Section 14502(d)(3) of title 40, United States Code, is amended by striking "and title XX". And by striking ", 1397 et seq.". Section 2006(a)(15) of the Public Health Service Act (42 USC. 300z-5(a)(15)) is amended by striking "and title XX of the Social Security Act". Section 203(b)(3) of the Older Americans Act of 1965 (42 USC. 3013(b)(3)) is amended by striking "XIX, and XX" and inserting "and XIX". Section 213 of the Older Americans Act of 1965 is amended by striking "or title XX". Section 306(d) of the Older Americans Act of 1965 (42 USC. 3026(d)) is amended in each of paragraphs (1) and (2) by striking "titles XIX and XX" and inserting "title XIX". Section 2605 of the Low-Income Home Energy Assistance Act of 1981 is amended in each of subsections (4) and (j) by striking "under title XX of the Social Security Act,". Section 602 of the Child Development Associate Scholarship Assistance Act of 1985 is repealed. Section 3(d)(1) of the Assisted Suicide Funding Restriction Act of 1997 (42 USC. 14402(d)(1)) is amended by striking subparagraph (C) and redesignating subparagraphs (D) through (K) as subparagraphs (C) through (J), respectively. Effective Date. The repeals and amendments made by this section shall take effect 60 days after the date of the enactment of this Act.

Repeals the program of block grants to states for social services under title XX of the Social Security Act.

To amend title XX of the Social Security Act to repeal the program of block grants to States for social services, and for other purposes.

113_hr1517

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Social Security and Medicare Lock-Box Act''. (b) Findings Regarding Social Security and Medicare Part A.--The Congress finds the following: (1)(A) Long term projections show serious problems facing the fiscal health of the trust funds associated with Social Security and Medicare Hospital Insurance. (B) According to the 2012 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, the assets of the combined Federal Old Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund will be exhausted by 2033, and the Disability Insurance Trust Fund alone will be depleted by 2016. (C) According to the 2012 Annual Report of the Board of Trustees of the Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds, the assets of the Federal Hospital Insurance Trust Fund will be exhausted by 2024. (2)(A) The Trustees of these trust funds strongly encourage action to protect the solvency of the trust funds. (B) In their message to the public, included in the 2012 Annual Reports, the Social Security and Medicare Boards of Trustees wrote, ``Lawmakers should not delay addressing the long-run financial challenges facing Social Security and Medicare. If they take action sooner rather than later, more options and more time will be available to phase in changes so that the public has adequate time to prepare.''. (3) Social Security and Medicare are meant to provide a secure and stable base so that older Americans can live in dignity. (4) Protecting the future surpluses of these trust funds can only occur when meaningful reform has been enacted by Congress. Any path to solvency must include the protection of future surpluses. SEC. 2. INTERIM PROTECTIONS FOR SOCIAL SECURITY TRUST FUND SURPLUS. Section 201(d) of the Social Security Act (42 U.S.C. 402(d)) is amended-- (1) by striking ``It shall be the duty'' and inserting ``(1) Except as provided in paragraph (2), it shall be the duty''; and (2) by striking ``(1) on original issue at the issue price, or (2)'' and inserting ``(A) on original issue at the issue price, or (B)''; and (3) by adding at the end the following new paragraph: ``(2)(A) There is established in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. As soon as practicable after each fiscal year after fiscal year 2013, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the social security surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. ``(B) For purposes of subparagraph (A), the term `social security surplus' means, for any fiscal year, the excess, if any, of-- ``(i) the sum of-- ``(I) the taxes imposed for such fiscal year by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, less the amounts specified in clause (1) of subsection (b) of this section for such fiscal year, ``(II) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, less the amounts specified in clause (2) of subsection (b) of this section for such fiscal year, and ``(III) the amount equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of sections 86 and 871(a)(3) of such Code to payments from the Trust Fund, over ``(ii) the sum of-- ``(I) benefits paid from the Trust Fund during the fiscal year, and ``(II) amounts authorized to be made available from the Trust Fund under subsection (g) of this section which are paid from the Trust Fund during such fiscal year. ``(C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. ``(D)(i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2013, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. ``(ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 201(d)(2)(D)(i) of the Social Security Act.'.''. SEC. 3. INTERIM PROTECTIONS FOR MEDICARE PART A TRUST FUND SURPLUS. (a) In General.--Section 1817(c) of the Social Security Act (42 U.S.C. 1395i(c)) is amended-- (1) by striking ``It shall be the duty'' and inserting ``(1) Except as provided in paragraph (2), it shall be the duty''; (2) by striking ``(1) on original issue at the issue price, or (2)'' and inserting ``(A) on original issue at the issue price, or (B)''; and (3) by adding at the end the following new paragraph: ``(2)(A) There is established in the Federal Hospital Insurance Trust Fund a Medicare Surplus Protection Account (in this paragraph referred to as the `Account'). As soon as practicable after each fiscal year after fiscal year 2013, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the Medicare part A surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. ``(B) For purposes of subparagraph (A), the term `Medicare part A surplus' means, for any fiscal year, the excess, if any, of-- ``(i) the sum of-- ``(I) the taxes imposed for such fiscal year by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such wages; and ``(II) the taxes imposed by section 1401(b) of the Internal Revenue Code of 1986 with respect to self- employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section 1401(b) to such self-employment income; over ``(ii) the sum of-- ``(I) benefits paid from the Trust Fund during the fiscal year; and ``(II) amounts authorized to be made available from the Trust Fund under subsection (f) of this section (or section 201(g)) which are paid from the Trust Fund during such fiscal year. ``(C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. ``(D)(i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2013, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. ``(ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 1817(c)(2)(D)(i) of the Social Security Act.'.''. SEC. 4. SOCIAL SECURITY AND MEDICARE PART A INVESTMENT COMMISSION. (a) Establishment.--There is established in the executive branch of the Government a Social Security and Medicare Part A Investment Commission (in this section referred to as the ``Commission''). (b) Study and Report.--As soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Hospital Insurance Trust Fund, other than investment in the form of obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. Not later than October 1, 2014, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations. (c) Composition.--The Commission shall be composed of-- (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; (2) 2 members appointed by the Speaker of the House of Representatives; (3) 1 member appointed by the minority leader of the House of Representatives; (4) 2 members appointed by the majority leader of the Senate; and (5) 1 member appointed by the minority leader of the Senate. (d) Membership Requirements.--Members of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of Appointments.--Members of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (f) Administrative Provisions.-- (1) Meetings.--The Commission shall meet-- (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (2) Exercise of powers.-- (A) In general.--The Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business. (B) Vacancies.--A vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission. (g) Compensation.-- (1) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission. (2) Expenses.--A member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member's home or regular place of business in the performance of the duties of the Commission. (h) Termination.--The Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b).

Social Security and Medicare Lock-Box Act - Amends title II (OASDI) of the Social Security Act to establish in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account to hold the Social Security surplus for the fiscal year of the sum of Social Security taxes collected, as well as the aggregate increase in certain tax liabilities, over the sum of benefits paid. Establishes in the Federal Hospital Insurance Trust Fund a Medicare Surplus Protection Account to hold amounts equivalent to the Medicare part A surplus for the fiscal year of the sum of hospital insurance taxes collected over the sum of Medicare part A benefits paid. Denies the availability of the balance in either Account for investment by the Managing Trustee. Establishes in the executive branch a Social Security and Medicare Part A Investment Commission to study the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Hospital Insurance Trust Fund .

Social Security and Medicare Lock-Box Act

<SECTION-HEADER> SHORT TITLE. FINDINGS. Short Title. This Act may be cited as the "Social Security and Medicare Lock-Box Act". Findings Regarding Social Security and Medicare Part A. The Congress finds the following: (A) Long term projections show serious problems facing the fiscal health of the trust funds associated with Social Security and Medicare Hospital Insurance. According to the 2012 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, the assets of the combined Federal Old Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund will be exhausted by 2033, and the Disability Insurance Trust Fund alone will be depleted by 2016. According to the 2012 Annual Report of the Board of Trustees of the Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds, the assets of the Federal Hospital Insurance Trust Fund will be exhausted by 2024. (A) The Trustees of these trust funds strongly encourage action to protect the solvency of the trust funds. In their message to the public, included in the 2012 Annual Reports, the Social Security and Medicare Boards of Trustees wrote, "Lawmakers should not delay addressing the long-run financial challenges facing Social Security and Medicare. If they take action sooner rather than later, more options and more time will be available to phase in changes so that the public has adequate time to prepare.". Social Security and Medicare are meant to provide a secure and stable base so that older Americans can live in dignity. Protecting the future surpluses of these trust funds can only occur when meaningful reform has been enacted by Congress. Any path to solvency must include the protection of future surpluses. <SECTION-HEADER> INTERIM PROTECTIONS FOR SOCIAL SECURITY TRUST FUND SURPLUS. Section 201(d) of the Social Security Act (42 USC. 402(d)) is amended by striking "It shall be the duty" and inserting Except as provided in paragraph (2), it shall be the duty". And by striking "(1) on original issue at the issue price, or (2)" and inserting "(A) on original issue at the issue price, or (B)". And by adding at the end the following new paragraph: (A) There is established in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. As soon as practicable after each fiscal year after fiscal year 2013, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the social security surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. For purposes of subparagraph (A), the term `social security surplus' means, for any fiscal year, the excess, if any, of the sum of the taxes imposed for such fiscal year by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, less the amounts specified in clause (1) of subsection (b) of this section for such fiscal year, the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, less the amounts specified in clause (2) of subsection (b) of this section for such fiscal year, and the amount equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of sections 86 and 871(a)(3) of such Code to payments from the Trust Fund, over the sum of benefits paid from the Trust Fund during the fiscal year, and amounts authorized to be made available from the Trust Fund under subsection (g) of this section which are paid from the Trust Fund during such fiscal year. Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. (i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2013, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 201(d)(2)(D)(i) of the Social Security Act.'.". <SECTION-HEADER> INTERIM PROTECTIONS FOR MEDICARE PART A TRUST FUND SURPLUS. In General. Section 1817(c) of the Social Security Act (42 USC. 1395i(c)) is amended by striking "It shall be the duty" and inserting Except as provided in paragraph (2), it shall be the duty". By striking "(1) on original issue at the issue price, or (2)" and inserting "(A) on original issue at the issue price, or (B)". And by adding at the end the following new paragraph: (A) There is established in the Federal Hospital Insurance Trust Fund a Medicare Surplus Protection Account . As soon as practicable after each fiscal year after fiscal year 2013, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the Medicare part A surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. For purposes of subparagraph (A), the term `Medicare part A surplus' means, for any fiscal year, the excess, if any, of the sum of the taxes imposed for such fiscal year by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1986 with respect to wages reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such wages. And the taxes imposed by section 1401(b) of the Internal Revenue Code of 1986 with respect to self- employment income reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section 1401(b) to such self-employment income. Over the sum of benefits paid from the Trust Fund during the fiscal year. And amounts authorized to be made available from the Trust Fund under subsection (f) of this section (or section 201(g)) which are paid from the Trust Fund during such fiscal year. Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. (i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2013, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 1817(c)(2)(D)(i) of the Social Security Act.'.". <SECTION-HEADER> SOCIAL SECURITY AND MEDICARE PART A INVESTMENT COMMISSION. Establishment. There is established in the executive branch of the Government a Social Security and Medicare Part A Investment Commission . Study and Report. As soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Hospital Insurance Trust Fund, other than investment in the form of obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. Not later than October 1, 2014, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations. Composition. The Commission shall be composed of 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman. 2 members appointed by the Speaker of the House of Representatives. 1 member appointed by the minority leader of the House of Representatives, 2 members appointed by the majority leader of the Senate. And 1 member appointed by the minority leader of the Senate. Membership Requirements. Members of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. Length of Appointments. Members of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. Administrative Provisions. Meetings. The Commission shall meet not less than once during each month. And at additional times at the call of the Chairman. Exercise of powers. In general. The Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business. Vacancies. A vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission. Compensation. In general. Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission. Expenses. A member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member's home or regular place of business in the performance of the duties of the Commission. Termination. The Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b).

Social Security and Medicare Lock-Box Act - Amends title II (OASDI) of the Social Security Act to establish in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account to hold the Social Security surplus for the fiscal year of the sum of Social Security taxes collected, as well as the aggregate increase in certain tax liabilities, over the sum of benefits paid. Establishes in the Federal Hospital Insurance Trust Fund a Medicare Surplus Protection Account to hold amounts equivalent to the Medicare part A surplus for the fiscal year of the sum of hospital insurance taxes collected over the sum of Medicare part A benefits paid. Denies the availability of the balance in either Account for investment by the Managing Trustee. Establishes in the executive branch a Social Security and Medicare Part A Investment Commission to study the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Hospital Insurance Trust Fund .

Social Security and Medicare Lock-Box Act

114_s841

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prioritizing Veterans Access to Mental Health Care Act of 2015''. SEC. 2. EXPANSION OF ELIGIBILITY OF CERTAIN VETERANS SEEKING MENTAL HEALTH CARE FOR HEALTH CARE FROM NON-DEPARTMENT OF VETERANS AFFAIRS ENTITIES. (a) In General.--Section 101(b)(2) of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note; Public Law 113- 146) is amended-- (1) in subparagraph (C)(ii), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (D)(ii)(II), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(E) provides a statement in writing that the veteran seeks mental health care from the Department and has not received timely and adequate mental health care through a facility or health care provider of the Department.''. (b) Submission of Statement in Writing.-- (1) In general.--In providing for a statement in writing under subparagraph (E) of section 101(b)(2) of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note; Public Law 113-146), as added by subsection (a), the Secretary of Veterans Affairs shall develop procedures for the submission by veterans of such statement-- (A) electronically, through the primary Internet website of the Department of Veterans Affairs that is available to the public; and (B) in person or by fax to the Non-VA Care Communication Office of each medical facility of the Department. (2) Components of statement.--The Secretary shall require that any veteran that submits a statement in writing described in paragraph (1) include the following: (A) The earliest date that the Department provided to the veteran for an appointment for the receipt of mental health care through a facility or health care provider of the Department, or, if no date was provided, an indication that no appointment date was provided. (B) The earliest date of an appointment of the veteran for the receipt of mental health care that was offered by a non-Department health care provider, if applicable. (C) A certification by the veteran that the veteran cannot reasonably wait for an appointment for mental health care through a facility or health care provider of the Department. (D) Feedback by the veteran with respect to the timeliness and adequacy of mental health care furnished by the Department. (3) Receipt of statement.--Upon the receipt by the Department of a statement in writing described in paragraph (1) by a veteran, the Secretary shall provide a confirmation to the veteran that the Secretary has received the statement in writing-- (A) in the form of an immediate automated confirmation, if the statement in writing was submitted electronically; and (B) in the form of an immediate written confirmation, if the statement in writing was submitted in person or by fax. (c) Conforming Amendment.--Section 101(q)(2)(A) of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note; Public Law 113-146) is amended-- (1) in clause (iii), by striking ``; and'' and inserting a semicolon; (2) in clause (iv), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new clause: ``(v) eligible veterans described in subsection (b)(2)(E).''. SEC. 3. PRIORITIZATION OF HIRING INCENTIVES TO ADDRESS NEED FOR HEALTH PROFESSIONALS AT DEPARTMENT OF VETERANS AFFAIRS. In carrying out hiring incentives for health professionals at the Department of Veterans Affairs, including the Department of Veterans Affairs Health Professionals Educational Assistance Program under chapter 76 of title 38, United States Code, the Secretary of Veterans Affairs shall give priority to those health professionals for which there is the greatest need in the Department, such as psychiatrists, psychologists, and other mental health care providers. SEC. 4. SOURCE OF AMOUNTS. Such sums as may be necessary to carry out this Act and the amendments made by this Act shall be derived from amounts appropriated under section 801 of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note; Public Law 113-146). SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act.

Prioritizing Veterans Access to Mental Health Care Act of 2015 This bill amends the Veterans Access, Choice, and Accountability Act of 2014 to make a veteran seeking mental health care in a non-Department of Veterans Affairs (VA) entity eligible for such care if the veteran provides a written statement that the veteran seeks mental health care from the VA and has not received timely and adequate mental health care through a VA facility or health care provider. The VA shall give health professional hiring priority to those health professionals for which there is the greatest need, such as psychiatrists, psychologists, and other mental health care providers.

Prioritizing Veterans Access to Mental Health Care Act of 2015

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Prioritizing Veterans Access to Mental Health Care Act of 2015". <SECTION-HEADER> EXPANSION OF ELIGIBILITY OF CERTAIN VETERANS SEEKING MENTAL HEALTH CARE FOR HEALTH CARE FROM NON-DEPARTMENT OF VETERANS AFFAIRS ENTITIES. In General. Section 101(b)(2) of the Veterans Access, Choice, and Accountability Act of 2014 is amended in subparagraph (C)(ii), by striking ", or" and inserting a semicolon. In subparagraph (D)(ii)(II), by striking the period at the end and inserting ", or". And by adding at the end the following new subparagraph: provides a statement in writing that the veteran seeks mental health care from the Department and has not received timely and adequate mental health care through a facility or health care provider of the Department.". Submission of Statement in Writing. In general. In providing for a statement in writing under subparagraph (E) of section 101(b)(2) of the Veterans Access, Choice, and Accountability Act of 2014 , as added by subsection (a), the Secretary of Veterans Affairs shall develop procedures for the submission by veterans of such statement electronically, through the primary Internet website of the Department of Veterans Affairs that is available to the public. And in person or by fax to the Non-VA Care Communication Office of each medical facility of the Department. Components of statement. The Secretary shall require that any veteran that submits a statement in writing described in paragraph (1) include the following: The earliest date that the Department provided to the veteran for an appointment for the receipt of mental health care through a facility or health care provider of the Department, or, if no date was provided, an indication that no appointment date was provided. The earliest date of an appointment of the veteran for the receipt of mental health care that was offered by a non-Department health care provider, if applicable. A certification by the veteran that the veteran cannot reasonably wait for an appointment for mental health care through a facility or health care provider of the Department. Feedback by the veteran with respect to the timeliness and adequacy of mental health care furnished by the Department. Receipt of statement. Upon the receipt by the Department of a statement in writing described in paragraph (1) by a veteran, the Secretary shall provide a confirmation to the veteran that the Secretary has received the statement in writing in the form of an immediate automated confirmation, if the statement in writing was submitted electronically. And in the form of an immediate written confirmation, if the statement in writing was submitted in person or by fax. Conforming Amendment. Section 101(q)(2)(A) of the Veterans Access, Choice, and Accountability Act of 2014 is amended in clause (iii), by striking ", and" and inserting a semicolon. In clause (iv), by striking the period at the end and inserting ", and". And by adding at the end the following new clause: eligible veterans described in subsection (b)(2)(E).". <SECTION-HEADER> PRIORITIZATION OF HIRING INCENTIVES TO ADDRESS NEED FOR HEALTH PROFESSIONALS AT DEPARTMENT OF VETERANS AFFAIRS. In carrying out hiring incentives for health professionals at the Department of Veterans Affairs, including the Department of Veterans Affairs Health Professionals Educational Assistance Program under chapter 76 of title 38, United States Code, the Secretary of Veterans Affairs shall give priority to those health professionals for which there is the greatest need in the Department, such as psychiatrists, psychologists, and other mental health care providers. <SECTION-HEADER> SOURCE OF AMOUNTS. Such sums as may be necessary to carry out this Act and the amendments made by this Act shall be derived from amounts appropriated under section 801 of the Veterans Access, Choice, and Accountability Act of 2014 . <SECTION-HEADER> EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act.

Prioritizing Veterans Access to Mental Health Care Act of 2015 This bill amends the Veterans Access, Choice, and Accountability Act of 2014 to make a veteran seeking mental health care in a non-Department of Veterans Affairs (VA) entity eligible for such care if the veteran provides a written statement that the veteran seeks mental health care from the VA and has not received timely and adequate mental health care through a VA facility or health care provider. The VA shall give health professional hiring priority to those health professionals for which there is the greatest need, such as psychiatrists, psychologists, and other mental health care providers.

Prioritizing Veterans Access to Mental Health Care Act of 2015

110_hr2833

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preexisting Condition Exclusion Patient Protection Act of 2007''. SEC. 2. AMENDMENTS RELATING TO PREEXISTING CONDITION EXCLUSIONS UNDER GROUP HEALTH PLANS. (a) Amendments to the Employee Retirement Income Security Act of 1974.-- (1) Reduction in look-back period.--Section 701(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(a)(1)) is amended by striking ``6-month period'' and inserting ``30-day period''. (2) Reduction in permitted preexisting condition limitation period.--Section 701(a)(2) of such Act (29 U.S.C. 1181(a)(2)) is amended by striking ``12 months'' and inserting ``3 months'', and by striking ``18 months'' and inserting ``9 months''. (b) Amendments to the Public Health Service Act.-- (1) Reduction in look-back period.--Section 2701(a)(1) of the Public Health Service Act (42 U.S.C. 300gg(a)(1)) is amended by striking ``6-month period'' and inserting ``30-day period''. (2) Reduction in permitted preexisting condition limitation period.--Section 2701(a)(2) of such Act (42 U.S.C. 300gg(a)(2)) is amended by striking ``12 months'' and inserting ``3 months'', and by striking ``18 months'' and inserting ``9 months''. (c) Amendments to the Internal Revenue Code of 1986.-- (1) Reduction in look-back period.--Paragraph (1) of section 9801(a) of the Internal Revenue Code of 1986 (relating to limitation on preexisting condition exclusion period and crediting for periods of previous coverage) is amended by striking ``6-month period'' and inserting ``30-day period''. (2) Reduction in permitted preexisting condition limitation period.--Paragraph (2) of section 9801(a) of such Code is amended by striking ``12 months'' and inserting ``3 months'', and by striking ``18 months'' and inserting ``9 months''. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to group health plans for plan years beginning after the end of the 12th calendar month following the date of the enactment of this Act. (2) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the earlier of-- (A) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or (B) 3 years after the date of the enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by the amendments made by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 3. AMENDMENTS RELATING TO PREEXISTING CONDITION EXCLUSIONS IN HEALTH INSURANCE COVERAGE IN THE INDIVIDUAL MARKET. (a) Applicability of Group Health Insurance Limitations on Imposition of Preexisting Condition Exclusions.-- (1) In general.--Section 2741 of the Public Health Service Act (42 U.S.C. 300gg-41) is amended-- (A) by redesignating the second subsection (e) (relating to market requirements) and subsection (f) as subsections (f) and (g), respectively; and (B) by adding at the end the following new subsection: ``(h) Application of Group Health Insurance Limitations on Imposition of Preexisting Condition Exclusions.-- ``(1) In general.--Subject to paragraph (2), a health insurance issuer that provides individual health insurance coverage may not impose a preexisting condition exclusion (as defined in subsection (b)(1)(A) of section 2701) with respect to such coverage except to the extent that such exclusion could be imposed consistent with such section if such coverage were group health insurance coverage. ``(2) Limitation.--In the case of an individual who-- ``(A) is enrolled in individual health insurance coverage; ``(B) during the period of such enrollment has a condition for which no medical advice, diagnosis, care, or treatment had been recommended or received as of the enrollment date; and ``(C) seeks to enroll under other individual health insurance coverage which provides benefits different from those provided under the coverage referred to in subparagraph (A) with respect to such condition, the issuer of the individual health insurance coverage described in subparagraph (C) may impose a preexisting condition exclusion with respect to such condition and any benefits in addition to those provided under the coverage referred to in subparagraph (A), but such exclusion may not extend for a period of more than 3 months.''. (2) Elimination of cobra requirement.--Subsection (b) of such section is amended-- (A) by adding ``and'' at the end of paragraph (2); (B) by striking the semicolon at the end of paragraph (3) and inserting a period; and (C) by striking paragraphs (4) and (5). (3) Conforming amendment.--Section 2744(a)(1) of such Act (42 U.S.C. 300gg-44(a)(1)) is amended by inserting ``(other than subsection (h))'' after ``section 2741'' . (b) Effective Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after the end of the 12th calendar month following the date of the enactment of this Act.

Preexisting Condition Exclusion Patient Protection Act of 2007 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to allow a group health plan to impose a preexisting condition exclusion only if: (1) such exclusion relates to a condition for which medical advice, diagnosis, care, or treatment was recommended or received within the 30-day period ending on the enrollment date. And (2) such exclusion extends not more than three months, or nine months for a late enrollee, after the enrollment date. Applies such requirement to coverage offered in the individual market. Allows an issuer of individual health insurance coverage to impose a preexisting condition exclusion for a period of not more than three months under certain circumstances. Revises provisions that prohibit health insurance issuers that offer health insurance coverage in the individual market from declining to offer coverage or imposing any preexisting condition exclusion on coverage to an eligible individual to remove eligibility requirements that require an individual to have: (1) elected COBRA continuation coverage, if it was offered, and (2) exhausted such continuation coverage, if elected.

To amend title I of the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to provide additional limitations on preexisting condition exclusions in group health plans and health insurance coverage in the group and individual markets.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Preexisting Condition Exclusion Patient Protection Act of 2007". <SECTION-HEADER> AMENDMENTS RELATING TO PREEXISTING CONDITION EXCLUSIONS UNDER GROUP HEALTH PLANS. Amendments to the Employee Retirement Income Security Act of 1974. Reduction in look-back period. Section 701(a)(1) of the Employee Retirement Income Security Act of 1974 (29 USC. 1181(a)(1)) is amended by striking "6-month period" and inserting "30-day period". Reduction in permitted preexisting condition limitation period. Section 701(a)(2) of such Act (29 USC. 1181(a)(2)) is amended by striking "12 months" and inserting "3 months", and by striking "18 months" and inserting "9 months". Amendments to the Public Health Service Act. Reduction in look-back period. Section 2701(a)(1) of the Public Health Service Act (42 USC. 300gg(a)(1)) is amended by striking "6-month period" and inserting "30-day period". Reduction in permitted preexisting condition limitation period. Section 2701(a)(2) of such Act (42 USC. 300gg(a)(2)) is amended by striking "12 months" and inserting "3 months", and by striking "18 months" and inserting "9 months". Amendments to the Internal Revenue Code of 1986. Reduction in look-back period. Paragraph (1) of section 9801(a) of the Internal Revenue Code of 1986 is amended by striking "6-month period" and inserting "30-day period". Reduction in permitted preexisting condition limitation period. Paragraph (2) of section 9801(a) of such Code is amended by striking "12 months" and inserting "3 months", and by striking "18 months" and inserting "9 months". Effective Date. In general. Except as provided in paragraph (2), the amendments made by this section shall apply with respect to group health plans for plan years beginning after the end of the 12th calendar month following the date of the enactment of this Act. Special rule for collective bargaining agreements. In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the earlier of the date on which the last of the collective bargaining agreements relating to the plan terminates , or 3 years after the date of the enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by the amendments made by this section shall not be treated as a termination of such collective bargaining agreement. <SECTION-HEADER> AMENDMENTS RELATING TO PREEXISTING CONDITION EXCLUSIONS IN HEALTH INSURANCE COVERAGE IN THE INDIVIDUAL MARKET. Applicability of Group Health Insurance Limitations on Imposition of Preexisting Condition Exclusions. In general. Section 2741 of the Public Health Service Act is amended by redesignating the second subsection (e) and subsection (f) as subsections (f) and (g), respectively. And by adding at the end the following new subsection: Application of Group Health Insurance Limitations on Imposition of Preexisting Condition Exclusions. In general. Subject to paragraph (2), a health insurance issuer that provides individual health insurance coverage may not impose a preexisting condition exclusion (as defined in subsection (b)(1) with respect to such coverage except to the extent that such exclusion could be imposed consistent with such section if such coverage were group health insurance coverage. Limitation. In the case of an individual who is enrolled in individual health insurance coverage. During the period of such enrollment has a condition for which no medical advice, diagnosis, care, or treatment had been recommended or received as of the enrollment date. And seeks to enroll under other individual health insurance coverage which provides benefits different from those provided under the coverage referred to in subparagraph (A) with respect to such condition, the issuer of the individual health insurance coverage described in subparagraph (C) may impose a preexisting condition exclusion with respect to such condition and any benefits in addition to those provided under the coverage referred to in subparagraph (A), but such exclusion may not extend for a period of more than 3 months.". Elimination of cobra requirement. Subsection (b) of such section is amended by adding "and" at the end of paragraph (2). By striking the semicolon at the end of paragraph (3) and inserting a period. And by striking paragraphs (4) and (5). Conforming amendment. Section 2744(a)(1) of such Act (42 USC. 300gg-44(a)(1)) is amended by inserting "(other than subsection (h))" after "section 2741" . Effective Date. The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after the end of the 12th calendar month following the date of the enactment of this Act.

Preexisting Condition Exclusion Patient Protection Act of 2007 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to allow a group health plan to impose a preexisting condition exclusion only if: (1) such exclusion relates to a condition for which medical advice, diagnosis, care, or treatment was recommended or received within the 30-day period ending on the enrollment date. And (2) such exclusion extends not more than three months, or nine months for a late enrollee, after the enrollment date. Applies such requirement to coverage offered in the individual market. Allows an issuer of individual health insurance coverage to impose a preexisting condition exclusion for a period of not more than three months under certain circumstances. Revises provisions that prohibit health insurance issuers that offer health insurance coverage in the individual market from declining to offer coverage or imposing any preexisting condition exclusion on coverage to an eligible individual to remove eligibility requirements that require an individual to have: (1) elected COBRA continuation coverage, if it was offered, and (2) exhausted such continuation coverage, if elected.

To amend title I of the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to provide additional limitations on preexisting condition exclusions in group health plans and health insurance coverage in the group and individual markets.

107_s961

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Implant Research and Information Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) According to the Institute of Medicine, it is estimated that 1,000,000 to 2,000,000 American women have received breast implants over the last 35 years. Because there has never been a patient registry for breast implant recipients it is impossible to more accurately determine the number of women who have received breast implants. Yet, the American Society of Plastic Surgeons estimates that in 1999 alone 82,975 women had breast reconstruction following mastectomies and another 167,318 American women received breast implants for cosmetic purposes. (2) From 1985 until January 2000, FDA received 127,770 adverse reaction reports for silicone gel-filled breast implants and 65,720 adverse reaction reports for saline-filled implants. (3) Women need complete and accurate information about the potential health risks and advantages of breast implants so that women can make informed decisions. (4) Silicone breast implants have never been approved by the Food and Drug Administration; saline breast implants, which consist of a saline solution injected into a silicone envelope, were approved by the agency in 2000 despite alarmingly high complication and reoperation rates. After three years, 43 percent of the augmentation patients and 73 percent of the reconstruction patients experienced local complications and 40 percent of the reconstruction patients were forced to undergo additional surgery for local complications and device failure. (5) In 1998, the Food and Drug Administration opened a criminal investigation following allegations that one of the breast implant manufacturers was manipulating research data in breast implant studies. When the Food and Drug Administration's General and Plastic Surgery Devices Panel convened in March 2000 to consider market approval for saline implants, it was not informed of the investigation. Although the manufacturer's saline breast implant was approved by the Food and Drug Administration in May 2000, the investigation remains open. (6) According to a 1997 Mayo Clinic study, within 5 years of receiving such implants, 1 in 4 women required additional surgery. (7) In 2000, research sponsored by the Food and Drug Administration found that even among women who had not sought medical treatment for implant problems, almost 70 percent had at least one ruptured implant after 10 to 15 years. Silicone was found to be migrating away from the implants in 21 percent of those women. The FDA researchers concluded that ``the relationship of free silicone to development or progression of disease is unknown''. (8) A 1993 study by Dr. Suzanne S. Teuber et al., University of California, published in The Journal of Autoimmunity, investigated the influence of silicone breast implants on the expression of anticollagen antibodies and found a statistically significant incidence of anticollagen antibodies in women with implants. The researchers concluded that silicone breast implants should not be considered a benign or immunologically inert material; serious implications may result from their use. (9) The Institute of Medicine's 1999 study of silicone breast implant safety found that local complications with silicone breast implants were the primary safety issue, that they have not been well studied, and that information on these complications is crucial for women deciding whether or not they want breast implant surgery. Concern remains that exposure to silicone breast implants may result in currently undefined connective tissue or autoimmune diseases. (10) A 2001 National Cancer Institute study found breast implant recipients suffer from higher rates of lung and brain cancer than other plastic surgery patients. (11) A 1999 case report by Dr. Suzanne S. Teuber et al., University of California, published in The Journal of Rheumatology, found evidence of silicone migration in women with ruptured or leaking silicone breast implants. These patients experienced severe local inflammation and complications resulting from silicone migration to the axilla, arm or abdominal wall. Researchers concluded that once silicone gel leaves the implant, it is not biologically inert and in some persons can elicit profound pathologic responses. (12) According to many reports, including a study published in the Journal of the National Cancer Institute, the presence of a silicone breast implant may create difficulties in obtaining accurate and thorough mammograms because as much as 40 percent of the breast tissue can be masked by the implant. This delays the early detection of breast cancer in women. (13) According to a 2000 Food and Drug Administration publication, women of childbearing age who want to breast feed should be aware of the negative impact of breast implants on breast feeding. It is not known if a small amount of silicone may pass from the silicone shell of an implant into breast milk. If this occurs, it is not known what effect it may have on the nursing infant. (b) Purpose.--It is the purpose of this Act to promote research to identify and evaluate the health effects of breast implants, to ensure that women receive accurate information about such implants and to encourage the Food and Drug Administration to conclude its criminal investigation based on the allegations of wrong-doing by one of the implant manufacturers which ultimately may affect their products and the health of American women. (c) Rule of Construction.--Nothing in this Act shall be construed to affect any rule or regulation promulgated under the authority of the Federal Food, Drug and Cosmetic Act (21 U.S. 301 et seq.) that is in effect on the date of enactment of this Act relating to the availability of silicone breast implant for reconstruction after mastectomy, correction of congenital deformities, or replacement for ruptured silicone implants for augmentation. SEC. 3. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING SILICONE BREAST IMPLANTS AT THE NATIONAL INSTITUTES OF HEALTH. (a) Status of Existing Research.--The Director of the National Institutes of Health shall report to all appropriate committees of Congress on the status of the existing breast implant research funded by such Institutes within 90 days after the date of the enactment of this Act. (b) Amendment to Public Health Service Act.--Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by adding at the end of the following: ``SEC. 498C. BREAST IMPLANT RESEARCH. ``(a) Institute-Wide Coordinator.--The Director of NIH shall appoint an appropriate official of the Department of Health and Human Services to serve as the National Institutes of Health coordinator regarding breast implant research. Such coordinator shall encourage and coordinate the participation of all appropriate Institutes research including-- ``(1) the Office of Research on Women's Health; ``(2) the National Institute of Allergy and Infectious Diseases; ``(3) the National Institute of Arthritis and Musculoskeletal and Skin diseases; ``(4) the National Institute of Child Health and Human Development; ``(5) the National Institute of Environmental Health Sciences; ``(6) the National Institute of Neurological Disorders and Stroke; and ``(7) the National Cancer Institute. ``(b) Study Sections.--The Director of NIH shall establish a study section or special emphasis panel if determined to be appropriate, for the National Institutes of Health to review extramural research grant applications regarding breast implants to ensure the appropriate design and high quality of such research and shall take appropriate action to ensure the quality of intramural research activities. ``(c) Clinical Study.-- ``(1) In general.--The Director of NIH shall conduct or support research to expand the understanding of the health implications of both saline and silicone breast implants. Such research should, if determined to be scientifically appropriate, include multidisciplinary, clinical, case- controlled study of women with breast implants for at least eight years whether it be one prosthesis or multiple, and differentiate between women receiving implants for mastectomy, reconstructive or cosmetic purposes and include subsets of women with saline implants and silicone implants. Such a study should focus on the rate of local complications which includes capsular contracture, leakage, loss of nipple sensation, deflation and rupture as well the presentation of atypical symptoms, silicone migration, neurological dysfunction, and immune system irregularities, and evaluate to what extent if any, their health differs from that of suitable controls. ``(2) Annual report.--The Director of NIH shall annually prepare and submit to the appropriate Committees of Congress a report concerning the results of the study conducted under paragraph (1).''. SEC. 4. INTENSIFICATION OF ACTIVITIES REGARDING POSTMARKET RESEARCH OF SALINE BREAST IMPLANTS AT THE FOOD AND DRUG ADMINISTRATION. To ensure that the Food and Drug Administration conducts postmarket evaluations of saline implant manufacturers' data based on the postmarket recommendations made by the Food and Drug Administration's General and Plastic Surgery Devices Panel, the Commissioner of Food and Drugs shall report to Congress on the implementation status of the postmarket recommendations at 6, 12, and 18 month intervals after the date of the enactment of this Act and annually thereafter. SEC. 5. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING SILICONE BREAST IMPLANTS AT THE FOOD AND DRUG ADMINISTRATION. To assist women in receiving accurate and complete information about the risks of silicone breast implants, the Commissioner of Food and Drugs shall-- (1) expedite the conclusion the agency's criminal investigation into allegations of wrong-doing by one of the implant manufacturers; brief appropriate Committees of Congress on the findings and take appropriate action within 90 days after the date of the enactment of this Act; (2) ensure that the toll-free consumer information line and materials concerning breast implants provided by the Food and Drug Administration are available, up to date, and responsive to reports of problems with breast implants, and that timely aggregate data concerning such reports shall be made available to the public upon request and consistent with existing confidentiality standards; (3) require that manufacturers of silicone breast implants update implant package inserts and informed consent documents regularly to reflect accurate information about such implants, particularly the rate of local complications and ruptures of such implants; (4) require that any manufacturers of such implants that are conducting clinical studies on silicone breast implants-- (A) require its clinical investigators to provide prospective patients with the Food and Drug Administration's breast implant booklet; (B) amend such study protocol and informed consent document to reflect that patients must be provided with a copy of informed consent documents at the initial, or earliest possible, consultation regarding breast prosthesis; (C) amend the informed consent protocol to inform women about how to obtain a Medwatch form and encourage any woman who withdraws from the study, or who would like to report such problem or concerns with the study and reason for withdrawing; and (D) amend the informed consent document to provide potential participants with the inclusion criteria for the clinical trial and the toll-free Consumer Information number; and (5) appoint a special ad hoc patient information panel that-- (A) convenes annually for the sole purpose of reviewing breast implant information and advertisements provided by the manufacturers and the Food and Drug Administration to ensure consumer information is thorough and accurate; and (B) includes in its membership (but is not limited to) saline and silicone breast implant recipients, bioethicists, rheumatologists, and oncologists with experience in both clinical care and research regarding breast implants.

Breast Implant Research and Information Act - Requires the Director of the National Institutes of Health (NIH) to report to all appropriate committees of Congress on the status of the existing breast implant research funded by such Institutes. Amends the Public Health Service Act to require the NIH Director to: (1) appoint an official of the Department of Health and Human Services to serve as the NIH coordinator regarding breast implant research. (2) establish either a study section or special emphasis panel for NIH to review extramural breast implant research grant applications to ensure research design and quality, as well as quality intramural research. And (3) conduct or support research to expand the understanding of the health implications of both saline and silicone breast implants. Requires a report from the Commissioner of Food and Drugs concerning postmarket evaluations of saline implant manufacturers' data. Directs the Commissioner to take specified steps to assist women in receiving accurate and complete information about the risks of silicone breast implants.

A bill to promote research to identify and evaluate the health effects of breast implants; to ensure that women receive accurate information about such implants and to encourage the Food and Drug Administration to thoroughly review the implant manufacturers' standing with the agency.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Breast Implant Research and Information Act". <SECTION-HEADER> FINDINGS AND PURPOSE. Findings. Congress makes the following findings: According to the Institute of Medicine, it is estimated that 1,000,000 to 2,000,000 American women have received breast implants over the last 35 years. Because there has never been a patient registry for breast implant recipients it is impossible to more accurately determine the number of women who have received breast implants. Yet, the American Society of Plastic Surgeons estimates that in 1999 alone 82,975 women had breast reconstruction following mastectomies and another 167,318 American women received breast implants for cosmetic purposes. From 1985 until January 2000, FDA received 127,770 adverse reaction reports for silicone gel-filled breast implants and 65,720 adverse reaction reports for saline-filled implants. Women need complete and accurate information about the potential health risks and advantages of breast implants so that women can make informed decisions. Silicone breast implants have never been approved by the Food and Drug Administration. Saline breast implants, which consist of a saline solution injected into a silicone envelope, were approved by the agency in 2000 despite alarmingly high complication and reoperation rates. After three years, 43 percent of the augmentation patients and 73 percent of the reconstruction patients experienced local complications and 40 percent of the reconstruction patients were forced to undergo additional surgery for local complications and device failure. In 1998, the Food and Drug Administration opened a criminal investigation following allegations that one of the breast implant manufacturers was manipulating research data in breast implant studies. When the Food and Drug Administration's General and Plastic Surgery Devices Panel convened in March 2000 to consider market approval for saline implants, it was not informed of the investigation. Although the manufacturer's saline breast implant was approved by the Food and Drug Administration in May 2000, the investigation remains open. According to a 1997 Mayo Clinic study, within 5 years of receiving such implants, 1 in 4 women required additional surgery. In 2000, research sponsored by the Food and Drug Administration found that even among women who had not sought medical treatment for implant problems, almost 70 percent had at least one ruptured implant after 10 to 15 years. Silicone was found to be migrating away from the implants in 21 percent of those women. The FDA researchers concluded that "the relationship of free silicone to development or progression of disease is unknown". A 1993 study by Dr. Suzanne S. Teuber et al. University of California, published in The Journal of Autoimmunity, investigated the influence of silicone breast implants on the expression of anticollagen antibodies and found a statistically significant incidence of anticollagen antibodies in women with implants. The researchers concluded that silicone breast implants should not be considered a benign or immunologically inert material. Serious implications may result from their use. The Institute of Medicine's 1999 study of silicone breast implant safety found that local complications with silicone breast implants were the primary safety issue, that they have not been well studied, and that information on these complications is crucial for women deciding whether or not they want breast implant surgery. Concern remains that exposure to silicone breast implants may result in currently undefined connective tissue or autoimmune diseases. A 2001 National Cancer Institute study found breast implant recipients suffer from higher rates of lung and brain cancer than other plastic surgery patients. A 1999 case report by Dr. Suzanne S. Teuber et al. University of California, published in The Journal of Rheumatology, found evidence of silicone migration in women with ruptured or leaking silicone breast implants. These patients experienced severe local inflammation and complications resulting from silicone migration to the axilla, arm or abdominal wall. Researchers concluded that once silicone gel leaves the implant, it is not biologically inert and in some persons can elicit profound pathologic responses. According to many reports, including a study published in the Journal of the National Cancer Institute, the presence of a silicone breast implant may create difficulties in obtaining accurate and thorough mammograms because as much as 40 percent of the breast tissue can be masked by the implant. This delays the early detection of breast cancer in women. According to a 2000 Food and Drug Administration publication, women of childbearing age who want to breast feed should be aware of the negative impact of breast implants on breast feeding. It is not known if a small amount of silicone may pass from the silicone shell of an implant into breast milk. If this occurs, it is not known what effect it may have on the nursing infant. Purpose. It is the purpose of this Act to promote research to identify and evaluate the health effects of breast implants, to ensure that women receive accurate information about such implants and to encourage the Food and Drug Administration to conclude its criminal investigation based on the allegations of wrong-doing by one of the implant manufacturers which ultimately may affect their products and the health of American women. Rule of Construction. Nothing in this Act shall be construed to affect any rule or regulation promulgated under the authority of the Federal Food, Drug and Cosmetic Act that is in effect on the date of enactment of this Act relating to the availability of silicone breast implant for reconstruction after mastectomy, correction of congenital deformities, or replacement for ruptured silicone implants for augmentation. <SECTION-HEADER> EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING SILICONE BREAST IMPLANTS AT THE NATIONAL INSTITUTES OF HEALTH. Status of Existing Research. The Director of the National Institutes of Health shall report to all appropriate committees of Congress on the status of the existing breast implant research funded by such Institutes within 90 days after the date of the enactment of this Act. Amendment to Public Health Service Act. Part H of title IV of the Public Health Service Act is amended by adding at the end of the following: "Section 498C. BREAST IMPLANT RESEARCH. Institute-Wide Coordinator. The Director of NIH shall appoint an appropriate official of the Department of Health and Human Services to serve as the National Institutes of Health coordinator regarding breast implant research. Such coordinator shall encourage and coordinate the participation of all appropriate Institutes research including the Office of Research on Women's Health, the National Institute of Allergy and Infectious Diseases, the National Institute of Arthritis and Musculoskeletal and Skin diseases, the National Institute of Child Health and Human Development, the National Institute of Environmental Health Sciences, the National Institute of Neurological Disorders and Stroke. And the National Cancer Institute. Study Sections. The Director of NIH shall establish a study section or special emphasis panel if determined to be appropriate, for the National Institutes of Health to review extramural research grant applications regarding breast implants to ensure the appropriate design and high quality of such research and shall take appropriate action to ensure the quality of intramural research activities. Clinical Study. In general. The Director of NIH shall conduct or support research to expand the understanding of the health implications of both saline and silicone breast implants. Such research should, if determined to be scientifically appropriate, include multidisciplinary, clinical, case- controlled study of women with breast implants for at least eight years whether it be one prosthesis or multiple, and differentiate between women receiving implants for mastectomy, reconstructive or cosmetic purposes and include subsets of women with saline implants and silicone implants. Such a study should focus on the rate of local complications which includes capsular contracture, leakage, loss of nipple sensation, deflation and rupture as well the presentation of atypical symptoms, silicone migration, neurological dysfunction, and immune system irregularities, and evaluate to what extent if any, their health differs from that of suitable controls. Annual report. The Director of NIH shall annually prepare and submit to the appropriate Committees of Congress a report concerning the results of the study conducted under paragraph (1).". <SECTION-HEADER> INTENSIFICATION OF ACTIVITIES REGARDING POSTMARKET RESEARCH OF SALINE BREAST IMPLANTS AT THE FOOD AND DRUG ADMINISTRATION. To ensure that the Food and Drug Administration conducts postmarket evaluations of saline implant manufacturers' data based on the postmarket recommendations made by the Food and Drug Administration's General and Plastic Surgery Devices Panel, the Commissioner of Food and Drugs shall report to Congress on the implementation status of the postmarket recommendations at 6, 12, and 18 month intervals after the date of the enactment of this Act and annually thereafter. <SECTION-HEADER> EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING SILICONE BREAST IMPLANTS AT THE FOOD AND DRUG ADMINISTRATION. To assist women in receiving accurate and complete information about the risks of silicone breast implants, the Commissioner of Food and Drugs shall expedite the conclusion the agency's criminal investigation into allegations of wrong-doing by one of the implant manufacturers. Brief appropriate Committees of Congress on the findings and take appropriate action within 90 days after the date of the enactment of this Act. Ensure that the toll-free consumer information line and materials concerning breast implants provided by the Food and Drug Administration are available, up to date, and responsive to reports of problems with breast implants, and that timely aggregate data concerning such reports shall be made available to the public upon request and consistent with existing confidentiality standards. Require that manufacturers of silicone breast implants update implant package inserts and informed consent documents regularly to reflect accurate information about such implants, particularly the rate of local complications and ruptures of such implants. Require that any manufacturers of such implants that are conducting clinical studies on silicone breast implants require its clinical investigators to provide prospective patients with the Food and Drug Administration's breast implant booklet. Amend such study protocol and informed consent document to reflect that patients must be provided with a copy of informed consent documents at the initial, or earliest possible, consultation regarding breast prosthesis. Amend the informed consent protocol to inform women about how to obtain a Medwatch form and encourage any woman who withdraws from the study, or who would like to report such problem or concerns with the study and reason for withdrawing. And amend the informed consent document to provide potential participants with the inclusion criteria for the clinical trial and the toll-free Consumer Information number. And appoint a special ad hoc patient information panel that convenes annually for the sole purpose of reviewing breast implant information and advertisements provided by the manufacturers and the Food and Drug Administration to ensure consumer information is thorough and accurate. And includes in its membership saline and silicone breast implant recipients, bioethicists, rheumatologists, and oncologists with experience in both clinical care and research regarding breast implants.

Breast Implant Research and Information Act - Requires the Director of the National Institutes of Health (NIH) to report to all appropriate committees of Congress on the status of the existing breast implant research funded by such Institutes. Amends the Public Health Service Act to require the NIH Director to: (1) appoint an official of the Department of Health and Human Services to serve as the NIH coordinator regarding breast implant research. (2) establish either a study section or special emphasis panel for NIH to review extramural breast implant research grant applications to ensure research design and quality, as well as quality intramural research. And (3) conduct or support research to expand the understanding of the health implications of both saline and silicone breast implants. Requires a report from the Commissioner of Food and Drugs concerning postmarket evaluations of saline implant manufacturers' data. Directs the Commissioner to take specified steps to assist women in receiving accurate and complete information about the risks of silicone breast implants.

A bill to promote research to identify and evaluate the health effects of breast implants. To ensure that women receive accurate information about such implants and to encourage the Food and Drug Administration to thoroughly review the implant manufacturers' standing with the agency.

115_s1274

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth and Development Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The promotion of sustainable economic growth is the only long-term solution to lifting people out of poverty and addressing development challenges such as infectious disease, food security, access to education, and access to clean water, as reflected in the Sustainable Development Goals adopted at the United Nations Sustainable Development Summit on September 25, 2015. (2) Several of the greatest development success stories of the past 50 years demonstrate that private sector investment and economic growth are fundamental to lifting populations out of poverty. (3) A dramatic shift in the composition of capital flows to the developing world necessitates a new approach to official development assistance; whereas 40 years ago more than 70 percent of capital flowing to developing countries was public sector foreign assistance, today over 80 percent of capital flowing to the developing world comes from the private sector. (4) In order to better leverage United States foreign assistance dollars and to promote sustainable economic development in partner countries, the United States Government must seek to promote economic growth through private sector investment by consulting United States business during development planning and programming processes. (5) Eleven of the 15 largest importers of United States goods and services are countries that graduated from United States foreign assistance, and 12 of the 15 fastest growing markets for United States exports are former United States foreign assistance recipients. (6) With 12 departments, 26 agencies, and more than 60 Federal Government offices involved in the delivery of United States foreign assistance and the promotion of United States investment overseas, it is unnecessarily difficult for United States businesses to navigate this bureaucracy in search of opportunities to partner with such United States agencies. (7) Although many United States development agencies have taken steps to improve the private sector coordination capabilities of such agencies in recent years, these agency- specific strategies are not integrated into a coherent interagency coordination structure to effectively engage the private sector. (8) The United States Government has no streamlined, interagency mechanism for coordination with the private sector for the purposes of development or promotion of opportunities for investment, nor are the activities of the United States Government in this area guided by a coherent set of strategic objectives, targets, or operating principles. (9) Whether in the context of a country, sector, or global development strategy, decisions regarding program prioritization and resource allocation would benefit greatly from private sector perspectives and market data and coordination with the private sector from the outset. (10) Development programs can be designed to better attract private sector investment and to promote public-private partnerships in key development sectors. (11) The Millennium Challenge Corporation and the Partnership for Growth both analyze constraints on growth as part of the planning processes of these organizations, but these analyses need to be included in agency country, sector, and global development strategies to more effectively inform and guide the full spectrum of United States development programs. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (3) Private sector.--The term ``private sector'' means for- profit United States businesses. (4) Secretary.--The term ``Secretary'' means the Secretary of State. (5) United states development agencies.--The term ``United States development agencies'' means-- (A) the Department of State; (B) the United States Agency for International Development; (C) the Millennium Challenge Corporation; (D) the Overseas Private Investment Corporation; (E) the Trade and Development Agency; (F) the Inter-American Foundation; and (G) the African Development Foundation. SEC. 4. PURPOSE. The purpose of this Act is to maximize the impact of United States development programs by-- (1) enhancing coordination between United States development agencies and the programs of such agencies and the private sector and the investment activities of the private sector; (2) integrating private sector input into the planning and programming processes of United States development agencies; (3) institutionalizing analyses of constraints on growth and investment throughout the planning and programming processes of United States development agencies; (4) ensuring United States development agencies are accountable for improving coordination between United States development programs and private sector investment activities; and (5) promoting and facilitating private sector investment. SEC. 5. SENSE OF CONGRESS ON UNITED STATES DEVELOPMENT ASSISTANCE. It is the sense of Congress that-- (1) United States development assistance should be pursued in a way that aims-- (A) to build and strengthen civic institutions; (B) to provide for public accountability; and (C) to serve as the basis for a democratic social contract between the people and their government, and as a basis for graduation from assistance; (2) United States Government policies and decisions should be guided by clear benchmarks for the evaluation of partner country commitment to funding development priorities, including the ``investing in people'' metric of the Millennium Challenge Corporation; (3) United States Government programs should be guided by a unified strategy, ambitious targets, and a robust monitoring, evaluation, and public accountability plan; (4) United States development assistance should aim to help build the capacity of partner countries to raise and commit partner country resources toward development goals, including-- (A) the capacity to increase revenues; (B) transparent budgeting and expenditures; (C) policies and laws that increase domestic investment; and (D) the ability to address the illicit flows of capital from domestic and international sources; (5) the Addis Ababa Action Agenda, reached at the Third International Conference on Financing for Development, and the emphasis of the Addis Ababa Action Agenda on economic growth and the commitment of greater domestic resources towards development goals, serves as a basis for concrete actions by donors and partner countries to achieve greater accountability and to foster broad-based economic growth and the establishment of prosperous, middle class-based societies; (6) domestic resource commitments and domestic resource mobilization for development purposes provide a greater chance for sustainability and an alignment of incentives among stakeholders, including donors, partner countries, citizens, and the private sector that drives economic growth; (7) the domestic resource commitments described in paragraph (6) are opportunities to provide for greater accountability and the building of strong, just social contracts between people and their governments, allowing governments to raise revenue, address citizen priorities, and be held accountable for results; (8) fostering domestic capacity and domestic responsibility for outcomes is the basis of true country ownership and a transition from assistance to sustainability by achieving development goals; (9) public sector development finance programs, which mobilize private capital to achieve development objectives, are projected to soon overtake traditional grant-based assistance as measured by total capital investments, reflecting an increasing recognition by both donor and recipient countries of the potential that development finance holds for driving inclusive, sustainable economic growth; (10) United States development finance programs should be used for development purposes, complement but not displace private capital, and operate free of political agendas; (11) while the United States has the ability to carry out development finance programs through the Overseas Private Investment Corporation, the Development Credit Authority of the United States Agency for International Development, and the United States Trade and Development Agency, that ability is under-appreciated as a matter of policy and underutilized as a matter of development strategy; (12) the Overseas Private Investment Corporation lacks certain development finance tools, including the ability to make limited equity investments in projects rather than issuing debt and the authority and resources to provide first-loss guarantees or technical assistance; (13) the Overseas Private Investment Corporation is also limited by uncertainty around the renewal of its legal authorities and would be more effective with the stability and predictability provided by a multi-year authorization and a reformulation of how the agency may use its proceeds for essential staff and overhead expenses while still returning money to the Treasury; and (14) United States development assistance should prioritize and better coordinate resources that support enhanced trade capacity and facilitate fairer and more sustainable trade with partner countries. SEC. 6. INTERAGENCY STRATEGY AND MECHANISM TO COORDINATE UNITED STATES DEVELOPMENT PROGRAMS AND PRIVATE SECTOR INVESTMENT ACTIVITIES. (a) In General.--The President shall establish a primary, interagency mechanism to assist the private sector in coordinating United States development programs with private sector investment activities. (b) Duties.--The mechanism established under subsection (a) shall-- (1) streamline and integrate the various private sector liaison, coordination, and investment promotion functions of United States development agencies; (2) facilitate the use of various development and finance tools across United States development agencies to attract greater private sector participation in development activities; and (3) establish a single point of contact for the private sector for partnership opportunities with United States development agencies. (c) Annual Strategy.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a strategy for the facilitation and coordination of private sector investments and activities for the purposes of development. (2) Elements of the annual strategy.--The annual strategy required under paragraph (1) shall include-- (A) country, sectoral, and global targets for private sector investment facilitation and coordination; (B) a description of the specific roles and responsibilities of United States Government departments and agencies involved in meeting the targets described in subparagraph (A), including within United States missions in-country; and (C) a plan relating to monitoring, evaluation, and public accountability. SEC. 7. INTEGRATING PRIVATE SECTOR COORDINATION IN COUNTRY, SECTOR, AND GLOBAL DEVELOPMENT STRATEGIES. The Secretary and the Administrator shall direct their respective policy teams, including the Assistant to the Administrator for the Bureau of Policy, Planning and Learning, and country teams, to include private sector facilitation and coordination in all country, sector, and global development strategies, including integrated country strategies, regional and functional strategies, country development cooperation strategies, mission strategic resource plans, and global development strategies. SEC. 8. ANALYSIS OF CONSTRAINTS ON GROWTH AND INVESTMENT IN FOREIGN COUNTRIES AND SECTORS. (a) In General.--The Secretary, the Administrator, and the heads of other relevant Federal agencies shall ensure that analyses of rigorous, current constraints on growth and investment guide all country, region, and sector economic development strategies. (b) Matters To Be Included.--The analysis required under subsection (a) shall include the identification and analysis of-- (1) constraints posed by the inadequacies of critical infrastructure, rule of law, tax and investment codes, and customs and regulatory regimes of recipient countries, as appropriate; and (2) particular economic sectors that are central to achieving economic growth, such as agriculture, transportation, energy, and financial services. (c) Results.--The results of the analyses described under subsection (a) shall-- (1) be incorporated into the development strategies of United States development agencies; (2) be used to inform and guide resource allocations; and (3) be made available to the public, and for comment by all stakeholders, prior to finalization of development strategies. SEC. 9. REPORT. Not later than 1 year after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that describes the specific measures that have been taken to implement this Act and the outcomes that such measures are intended to produce.

Economic Growth and Development Act This bill requires the President to: (1) establish a primary, interagency mechanism to assist the private sector in coordinating US development programs with private sector investment activities. And (2) submit, annually, a strategy for the facilitation and coordination of private sector investments and activities for the purposes of development. Such mechanism shall: (1) streamline and integrate private sector liaison, coordination, and investment promotion functions of US development agencies. (2) facilitate the use of development and finance tools across such agencies to attract greater private sector participation in development activities. And (3) establish a single point of contact for the private sector for partnership opportunities with such agencies. The Department of State and the US Agency for International Development (USAID) shall direct their policy teams to include private sector facilitation and coordination in all country, sector, and global development strategies. The State Department, USAID, and other relevant federal agencies shall ensure that analyses of rigorous, current constraints on growth and investment guide all such strategies.

Economic Growth and Development Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Economic Growth and Development Act". <SECTION-HEADER> FINDINGS. Congress makes the following findings: The promotion of sustainable economic growth is the only long-term solution to lifting people out of poverty and addressing development challenges such as infectious disease, food security, access to education, and access to clean water, as reflected in the Sustainable Development Goals adopted at the United Nations Sustainable Development Summit on September 25, 2015. Several of the greatest development success stories of the past 50 years demonstrate that private sector investment and economic growth are fundamental to lifting populations out of poverty. A dramatic shift in the composition of capital flows to the developing world necessitates a new approach to official development assistance. Whereas 40 years ago more than 70 percent of capital flowing to developing countries was public sector foreign assistance, today over 80 percent of capital flowing to the developing world comes from the private sector. In order to better leverage United States foreign assistance dollars and to promote sustainable economic development in partner countries, the United States Government must seek to promote economic growth through private sector investment by consulting United States business during development planning and programming processes. Eleven of the 15 largest importers of United States goods and services are countries that graduated from United States foreign assistance, and 12 of the 15 fastest growing markets for United States exports are former United States foreign assistance recipients. With 12 departments, 26 agencies, and more than 60 Federal Government offices involved in the delivery of United States foreign assistance and the promotion of United States investment overseas, it is unnecessarily difficult for United States businesses to navigate this bureaucracy in search of opportunities to partner with such United States agencies. Although many United States development agencies have taken steps to improve the private sector coordination capabilities of such agencies in recent years, these agency- specific strategies are not integrated into a coherent interagency coordination structure to effectively engage the private sector. The United States Government has no streamlined, interagency mechanism for coordination with the private sector for the purposes of development or promotion of opportunities for investment, nor are the activities of the United States Government in this area guided by a coherent set of strategic objectives, targets, or operating principles. Whether in the context of a country, sector, or global development strategy, decisions regarding program prioritization and resource allocation would benefit greatly from private sector perspectives and market data and coordination with the private sector from the outset. Development programs can be designed to better attract private sector investment and to promote public-private partnerships in key development sectors. The Millennium Challenge Corporation and the Partnership for Growth both analyze constraints on growth as part of the planning processes of these organizations, but these analyses need to be included in agency country, sector, and global development strategies to more effectively inform and guide the full spectrum of United States development programs. <SECTION-HEADER> DEFINITIONS. In this Act: Administrator. The term "Administrator" means the Administrator of the United States Agency for International Development. Appropriate congressional committees. The term "appropriate congressional committees" means the Committee on Foreign Relations and the Committee on Appropriations of the Senate. And the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. Private sector. The term "private sector" means for- profit United States businesses. Secretary. The term "Secretary" means the Secretary of State. United states development agencies. The term "United States development agencies" means the Department of State, the United States Agency for International Development, the Millennium Challenge Corporation, the Overseas Private Investment Corporation, the Trade and Development Agency, the Inter-American Foundation. And the African Development Foundation. <SECTION-HEADER> PURPOSE. The purpose of this Act is to maximize the impact of United States development programs by enhancing coordination between United States development agencies and the programs of such agencies and the private sector and the investment activities of the private sector. Integrating private sector input into the planning and programming processes of United States development agencies. Institutionalizing analyses of constraints on growth and investment throughout the planning and programming processes of United States development agencies. Ensuring United States development agencies are accountable for improving coordination between United States development programs and private sector investment activities. And promoting and facilitating private sector investment. <SECTION-HEADER> SENSE OF CONGRESS ON UNITED STATES DEVELOPMENT ASSISTANCE. It is the sense of Congress that United States development assistance should be pursued in a way that aims to build and strengthen civic institutions, to provide for public accountability. And to serve as the basis for a democratic social contract between the people and their government, and as a basis for graduation from assistance. United States Government policies and decisions should be guided by clear benchmarks for the evaluation of partner country commitment to funding development priorities, including the "investing in people" metric of the Millennium Challenge Corporation. United States Government programs should be guided by a unified strategy, ambitious targets, and a robust monitoring, evaluation, and public accountability plan. United States development assistance should aim to help build the capacity of partner countries to raise and commit partner country resources toward development goals, including the capacity to increase revenues, transparent budgeting and expenditures, policies and laws that increase domestic investment. And the ability to address the illicit flows of capital from domestic and international sources. The Addis Ababa Action Agenda, reached at the Third International Conference on Financing for Development, and the emphasis of the Addis Ababa Action Agenda on economic growth and the commitment of greater domestic resources towards development goals, serves as a basis for concrete actions by donors and partner countries to achieve greater accountability and to foster broad-based economic growth and the establishment of prosperous, middle class-based societies. Domestic resource commitments and domestic resource mobilization for development purposes provide a greater chance for sustainability and an alignment of incentives among stakeholders, including donors, partner countries, citizens, and the private sector that drives economic growth. The domestic resource commitments described in paragraph (6) are opportunities to provide for greater accountability and the building of strong, just social contracts between people and their governments, allowing governments to raise revenue, address citizen priorities, and be held accountable for results. Fostering domestic capacity and domestic responsibility for outcomes is the basis of true country ownership and a transition from assistance to sustainability by achieving development goals. Public sector development finance programs, which mobilize private capital to achieve development objectives, are projected to soon overtake traditional grant-based assistance as measured by total capital investments, reflecting an increasing recognition by both donor and recipient countries of the potential that development finance holds for driving inclusive, sustainable economic growth. United States development finance programs should be used for development purposes, complement but not displace private capital, and operate free of political agendas. While the United States has the ability to carry out development finance programs through the Overseas Private Investment Corporation, the Development Credit Authority of the United States Agency for International Development, and the United States Trade and Development Agency, that ability is under-appreciated as a matter of policy and underutilized as a matter of development strategy. The Overseas Private Investment Corporation lacks certain development finance tools, including the ability to make limited equity investments in projects rather than issuing debt and the authority and resources to provide first-loss guarantees or technical assistance. The Overseas Private Investment Corporation is also limited by uncertainty around the renewal of its legal authorities and would be more effective with the stability and predictability provided by a multi-year authorization and a reformulation of how the agency may use its proceeds for essential staff and overhead expenses while still returning money to the Treasury. And United States development assistance should prioritize and better coordinate resources that support enhanced trade capacity and facilitate fairer and more sustainable trade with partner countries. <SECTION-HEADER> INTERAGENCY STRATEGY AND MECHANISM TO COORDINATE UNITED STATES DEVELOPMENT PROGRAMS AND PRIVATE SECTOR INVESTMENT ACTIVITIES. In General. The President shall establish a primary, interagency mechanism to assist the private sector in coordinating United States development programs with private sector investment activities. Duties. The mechanism established under subsection (a) shall streamline and integrate the various private sector liaison, coordination, and investment promotion functions of United States development agencies. Facilitate the use of various development and finance tools across United States development agencies to attract greater private sector participation in development activities. And establish a single point of contact for the private sector for partnership opportunities with United States development agencies. Annual Strategy. In general. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a strategy for the facilitation and coordination of private sector investments and activities for the purposes of development. Elements of the annual strategy. The annual strategy required under paragraph (1) shall include country, sectoral, and global targets for private sector investment facilitation and coordination. A description of the specific roles and responsibilities of United States Government departments and agencies involved in meeting the targets described in subparagraph (A), including within United States missions in-country. And a plan relating to monitoring, evaluation, and public accountability. <SECTION-HEADER> INTEGRATING PRIVATE SECTOR COORDINATION IN COUNTRY, SECTOR, AND GLOBAL DEVELOPMENT STRATEGIES. The Secretary and the Administrator shall direct their respective policy teams, including the Assistant to the Administrator for the Bureau of Policy, Planning and Learning, and country teams, to include private sector facilitation and coordination in all country, sector, and global development strategies, including integrated country strategies, regional and functional strategies, country development cooperation strategies, mission strategic resource plans, and global development strategies. <SECTION-HEADER> ANALYSIS OF CONSTRAINTS ON GROWTH AND INVESTMENT IN FOREIGN COUNTRIES AND SECTORS. In General. The Secretary, the Administrator, and the heads of other relevant Federal agencies shall ensure that analyses of rigorous, current constraints on growth and investment guide all country, region, and sector economic development strategies. Matters To Be Included. The analysis required under subsection shall include the identification and analysis of constraints posed by the inadequacies of critical infrastructure, rule of law, tax and investment codes, and customs and regulatory regimes of recipient countries, as appropriate. And particular economic sectors that are central to achieving economic growth, such as agriculture, transportation, energy, and financial services. Results. The results of the analyses described under subsection (a) shall be incorporated into the development strategies of United States development agencies, be used to inform and guide resource allocations. And be made available to the public, and for comment by all stakeholders, prior to finalization of development strategies. <SECTION-HEADER> REPORT. Not later than 1 year after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that describes the specific measures that have been taken to implement this Act and the outcomes that such measures are intended to produce.

Economic Growth and Development Act This bill requires the President to: (1) establish a primary, interagency mechanism to assist the private sector in coordinating US development programs with private sector investment activities. And (2) submit, annually, a strategy for the facilitation and coordination of private sector investments and activities for the purposes of development. Such mechanism shall: (1) streamline and integrate private sector liaison, coordination, and investment promotion functions of US development agencies. (2) facilitate the use of development and finance tools across such agencies to attract greater private sector participation in development activities. And (3) establish a single point of contact for the private sector for partnership opportunities with such agencies. The Department of State and the US Agency for International Development (USAID) shall direct their policy teams to include private sector facilitation and coordination in all country, sector, and global development strategies. The State Department, USAID, and other relevant federal agencies shall ensure that analyses of rigorous, current constraints on growth and investment guide all such strategies.

Economic Growth and Development Act

107_hr2313

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crane Tithe Tax Act of 2001''. SEC. 2. REPEAL OF TAXATION OF CORPORATIONS. The following provisions of the Internal Revenue Code of 1986 are hereby repealed: (1) section 11 (relating to corporate income tax), (2) section 55 (relating to alternative minimum tax) insofar as it applies to corporations, (3) section 511 (relating to unrelated business income tax), (4) section 531 (relating to accumulated earnings tax), (5) section 541 (relating to personal holding company tax), (6) section 594 (relating to alternative tax for certain mutual savings banks), (7) section 801 (relating to tax imposed on life insurance companies), (8) section 821 (relating to tax imposed on certain mutual insurance companies), (9) section 831 (relating to tax on certain other insurance companies), (10) section 852 (relating to tax on regulated investment companies), (11) section 857 (relating to tax on real estate investment trusts), and (12) section 882 (relating to tax on income of foreign corporations connected with United States business). SEC. 3. 10 PERCENT INCOME TAX RATE FOR INDIVIDUALS. Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed on individuals) is amended to read as follows: ``SECTION 1. TAX IMPOSED. ``(a) In General.--There is hereby imposed on the income of every individual a tax equal to 10 percent of the excess of the earned income of such individual for the taxable year over the exemption amount for such year. ``(b) Definitions.--For purposes of this section-- ``(1) Exemption amount.-- ``(A) In general.--The term `exemption amount' means, for any taxable year, $10,000 increased (for taxable years beginning after December 31, 2001) by an amount equal to $10,000 multiplied by the cost-of- living adjustment for the calendar year in which the taxable year begins. ``(B) Cost-of-living adjustment.--For purposes of this paragraph-- ``(i) In general.--The cost-of-living adjustment for any calendar year is the percentage (if any) by which-- ``(I) the CPI for October of the preceding calendar year, exceeds ``(II) the CPI for October of 2000. ``(ii) CPI.--The term `CPI' means the last Consumer Price Index for all-urban consumers published by the Department of Labor. ``(C) Rounding.--If the increase determined under this paragraph is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10 (or if such increase is a multiple of $5, such increase shall be increased to the next highest multiple of $10). ``(2) Earned income.-- ``(A) In general.--Except as provided in subparagraph (B), the term `earned income' means-- ``(i) wages, salaries, and other employee compensation, ``(ii) the amount of the taxpayer's net earnings from self-employment for the taxable year, and ``(iii) the amount of dividends which are from a personal service corporation or which are otherwise directly or indirectly compensation for services. ``(B) Exceptions.--The term `earned income' does not include-- ``(i) any amount received as a pension or annuity, or ``(ii) any tip unless the amount of the tip is not within the discretion of the service- recipient. ``(C) Fringe benefits valued at employer cost.--The amount of any fringe benefit which is included as earned income shall be the cost to the employer of such benefit.'' SEC. 4. AMNESTY FOR ALL PRIOR TAX LIABILITY. (a) In General.--No person shall be liable for any tax imposed by chapter 1 of the Internal Revenue Code of 1986 (or for penalties and interest with respect to such tax) for any taxable year ending before January 1, 2000. (b) Exceptions.-- (1) Amounts paid.--Subsection (a) shall not apply to amounts paid before the date of the enactment of this Act. (2) Tax attributable to illegal activities.--Subsection (a) shall not apply to any tax (including penalties and interest with respect to such tax) attributable to any business activity which is in violation of any Federal, State, or local law. SEC. 5. REPEAL OF SPECIAL DEDUCTIONS, CREDITS, AND EXCLUSIONS FROM INCOME FOR INDIVIDUALS. Chapter 1 of the Internal Revenue Code of 1986 is amended by striking out all specific exclusions from gross income, all deductions, and all credits against income tax to the extent related to the computation of individual income tax liability. SEC. 6. REPEAL OF ESTATE AND GIFT TAXES. Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes) is hereby repealed. SEC. 7. EFFECTIVE DATES. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act. (b) Repeal of Estate and Gift Taxes.--The repeal made by section 6 shall apply to estates of decedents dying, and transfers made, after the date of the enactment of this Act. (c) Technical and Conforming Changes.--The Secretary of the Treasury or his delegate shall, as soon as practicable but in any event not later than 90 days after the date of the enactment of this Act, submit to the Committee on Ways and Means of the House of Representatives a draft of any technical and conforming changes in the Internal Revenue Code of 1986 which are necessary to reflect throughout such Code the changes in the substantive provisions of law made by this Act.

Crane Tithe Tax Act of 2001 - Amends the Internal Revenue Code to: (1) repeal the tax on corporations. (2) repeal the current tax rates for individuals and replace such rates with a ten percent tax on earned income. (3) provide amnesty for any tax liability prior to January 1, 2000. (4) repeal all specific exclusions from gross income, all deductions, and all credits. And (5) repeal subtitle B relating to estate, gift, and generation-skipping taxes.

To amend the Internal Revenue Code of 1986 to repeal the income taxation of corporations, to impose a 10 percent tax on the earned income (and only the earned income) of individuals, to repeal the estate and gift taxes, to provide amnesty for all tax liability for prior taxable years, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Crane Tithe Tax Act of 2001". <SECTION-HEADER> REPEAL OF TAXATION OF CORPORATIONS. The following provisions of the Internal Revenue Code of 1986 are hereby repealed: section 11 , section 55 insofar as it applies to corporations, section 511 , section 531 , section 541 , section 594 , section 801 , section 821 , section 831 , section 852 , section 857 , and section 882 . <SECTION-HEADER> 10 PERCENT INCOME TAX RATE FOR INDIVIDUALS. Section 1 of the Internal Revenue Code of 1986 is amended to read as follows: "<SECTION-HEADER> TAX IMPOSED. In General. There is hereby imposed on the income of every individual a tax equal to 10 percent of the excess of the earned income of such individual for the taxable year over the exemption amount for such year. Definitions. For purposes of this section Exemption amount. In general. The term `exemption amount' means, for any taxable year, $10,000 increased by an amount equal to $10,000 multiplied by the cost-of- living adjustment for the calendar year in which the taxable year begins. Cost-of-living adjustment. For purposes of this paragraph In general. The cost-of-living adjustment for any calendar year is the percentage by which the CPI for October of the preceding calendar year, exceeds the CPI for October of 2000. CPI. The term `CPI' means the last Consumer Price Index for all-urban consumers published by the Department of Labor. Rounding. If the increase determined under this paragraph is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10 . Earned income. In general. Except as provided in subparagraph (B), the term `earned income' means wages, salaries, and other employee compensation, the amount of the taxpayer's net earnings from self-employment for the taxable year, and the amount of dividends which are from a personal service corporation or which are otherwise directly or indirectly compensation for services. Exceptions. The term `earned income' does not include any amount received as a pension or annuity, or any tip unless the amount of the tip is not within the discretion of the service- recipient. Fringe benefits valued at employer cost. The amount of any fringe benefit which is included as earned income shall be the cost to the employer of such benefit." <SECTION-HEADER> AMNESTY FOR ALL PRIOR TAX LIABILITY. In General. No person shall be liable for any tax imposed by chapter 1 of the Internal Revenue Code of 1986 for any taxable year ending before January 1, 2000. Exceptions. Amounts paid. Subsection (a) shall not apply to amounts paid before the date of the enactment of this Act. Tax attributable to illegal activities. Subsection (a) shall not apply to any tax attributable to any business activity which is in violation of any Federal, State, or local law. <SECTION-HEADER> REPEAL OF SPECIAL DEDUCTIONS, CREDITS, AND EXCLUSIONS FROM INCOME FOR INDIVIDUALS. Chapter 1 of the Internal Revenue Code of 1986 is amended by striking out all specific exclusions from gross income, all deductions, and all credits against income tax to the extent related to the computation of individual income tax liability. <SECTION-HEADER> REPEAL OF ESTATE AND GIFT TAXES. Subtitle B of the Internal Revenue Code of 1986 is hereby repealed. <SECTION-HEADER> EFFECTIVE DATES. In General. Except as provided in subsection (b), the amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act. Repeal of Estate and Gift Taxes. The repeal made by section 6 shall apply to estates of decedents dying, and transfers made, after the date of the enactment of this Act. Technical and Conforming Changes. The Secretary of the Treasury or his delegate shall, as soon as practicable but in any event not later than 90 days after the date of the enactment of this Act, submit to the Committee on Ways and Means of the House of Representatives a draft of any technical and conforming changes in the Internal Revenue Code of 1986 which are necessary to reflect throughout such Code the changes in the substantive provisions of law made by this Act.

Crane Tithe Tax Act of 2001 - Amends the Internal Revenue Code to: (1) repeal the tax on corporations. (2) repeal the current tax rates for individuals and replace such rates with a ten percent tax on earned income. (3) provide amnesty for any tax liability prior to January 1, 2000. (4) repeal all specific exclusions from gross income, all deductions, and all credits. And (5) repeal subtitle B relating to estate, gift, and generation-skipping taxes.

To amend the Internal Revenue Code of 1986 to repeal the income taxation of corporations, to impose a 10 percent tax on the earned income of individuals, to repeal the estate and gift taxes, to provide amnesty for all tax liability for prior taxable years, and for other purposes.

111_hr2286

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Exemption Relief Act of 2009''. SEC. 2. ELECTION OF COVERAGE FOR CERTAIN NONCOVERED EMPLOYEES. (a) In General.--Section 210 of the Social Security Act (42 U.S.C. 410)) is amended by adding at the end the following new subsection: ``Inclusion of Service Under Elections Made by Certain Noncovered Employees ``(s) Notwithstanding any other provision of this section, the term `employment' shall include any service with respect to which an election under section 3121(k)(2) of the Internal Revenue Code of 1986 applies.''. (b) Election.--Section 3121 of the Internal Revenue Code of 1986 (definitions applicable to tax under Federal Insurance Contributions Act) is amended by inserting after subsection (j) the following new subsection: ``(k) Optional Inclusion of Coverage of Service of Certain Noncovered Employees.-- ``(1) Inclusion of service as employment.--Notwithstanding any other provision of this section, the term `employment' shall for purposes of this chapter include any service with respect to which an election under paragraph (2) applies. ``(2) Election of inclusion.-- ``(A) In general.--Any individual whose service for any employer is excluded from `employment' under subsection (b) may, at his option, elect-- ``(i) to have any such service performed by him, during pay periods commencing after 30 days after the date of such election, included as `employment', ``(ii) to be subject to the taxes imposed by section 3101 for such taxable year with respect to such service, and ``(iii) to have the employer subject to the tax under section 3111 for such taxable year with respect to such service. ``(B) Applicability of election.--An election made by an individual under this paragraph-- ``(i) shall apply with respect to all service performed by such individual for the employer described in subparagraph (A) during pay periods described in subparagraph (A)(i) to the extent that such service would not constitute `employment' for purposes of this chapter but for this subsection, and ``(ii) shall be irrevocable. ``(C) Requirement of minimum annual remuneration.-- An election made by an individual under this paragraph shall take effect only if such individual has received remuneration in the amount of at least $400 for service of the type to which the election applies which was performed by such individual for the employer described in subparagraph (A) during the taxable year in which the election is made. ``(D) Manner of election.-- ``(i) In general.--An election by an individual under this paragraph may be made only in such form and manner as shall be prescribed by the Secretary, in consultation with the Commissioner of Social Security, including timely written notice of the election provided by the employee to the employer. ``(ii) Declaration of minimum annual remuneration.--An election shall not be treated as made in accordance with clause (i) unless the election includes a written declaration by the employee, in such form as shall be prescribed by the Secretary, that the requirements of subparagraph (C) have been met in connection with the election. ``(3) Regulations.--The Secretary, in consultation with the Commissioner of Social Security, shall prescribe such regulations as may be necessary or appropriate to carry out this subsection. Such regulations shall-- ``(A) establish procedures to deal with any administrative or other problems which may result from elections made under this subsection; ``(B) provide for the interchange of information between the Secretary and the Commissioner; and ``(C) include such other provisions, conditions, and requirements as may be necessary or appropriate for the administration of this subsection and the related provisions of title II of the Social Security Act.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply only with respect to service performed in taxable years beginning after 90 days after the date of the enactment of this Act.

Social Security Exemption Relief Act of 2009 - Amends title II (OASDI) of the Social Security Act and the Internal Revenue Code to allow an employee, whose employment is not otherwise covered for Social Security benefit purposes , to elect irrevocably to have that employment treated as so covered and the employer be subject to Social Security taxes.

To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to provide that an employee whose employment for an employer is not otherwise covered for social security benefit purposes may irrevocably elect to have his or her employment with such employer treated as so covered and subject to social security taxes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Social Security Exemption Relief Act of 2009". <SECTION-HEADER> ELECTION OF COVERAGE FOR CERTAIN NONCOVERED EMPLOYEES. In General. Section 210 of the Social Security Act is amended by adding at the end the following new subsection: "Inclusion of Service Under Elections Made by Certain Noncovered Employees Notwithstanding any other provision of this section, the term `employment' shall include any service with respect to which an election under section 3121(k)(2) of the Internal Revenue Code of 1986 applies.". Election. Section 3121 of the Internal Revenue Code of 1986 is amended by inserting after subsection (j) the following new subsection: Optional Inclusion of Coverage of Service of Certain Noncovered Employees. Inclusion of service as employment. Notwithstanding any other provision of this section, the term `employment' shall for purposes of this chapter include any service with respect to which an election under paragraph (2) applies. Election of inclusion. In general. Any individual whose service for any employer is excluded from `employment' under subsection (b) may, at his option, elect to have any such service performed by him, during pay periods commencing after 30 days after the date of such election, included as `employment', to be subject to the taxes imposed by section 3101 for such taxable year with respect to such service, and to have the employer subject to the tax under section 3111 for such taxable year with respect to such service. Applicability of election. An election made by an individual under this paragraph shall apply with respect to all service performed by such individual for the employer described in subparagraph (A) during pay periods described in subparagraph (A)(i) to the extent that such service would not constitute `employment' for purposes of this chapter but for this subsection, and shall be irrevocable. Requirement of minimum annual remuneration. An election made by an individual under this paragraph shall take effect only if such individual has received remuneration in the amount of at least $400 for service of the type to which the election applies which was performed by such individual for the employer described in subparagraph (A) during the taxable year in which the election is made. Manner of election. In general. An election by an individual under this paragraph may be made only in such form and manner as shall be prescribed by the Secretary, in consultation with the Commissioner of Social Security, including timely written notice of the election provided by the employee to the employer. Declaration of minimum annual remuneration. An election shall not be treated as made in accordance with clause (i) unless the election includes a written declaration by the employee, in such form as shall be prescribed by the Secretary, that the requirements of subparagraph (C) have been met in connection with the election. Regulations. The Secretary, in consultation with the Commissioner of Social Security, shall prescribe such regulations as may be necessary or appropriate to carry out this subsection. Such regulations shall establish procedures to deal with any administrative or other problems which may result from elections made under this subsection. Provide for the interchange of information between the Secretary and the Commissioner. And include such other provisions, conditions, and requirements as may be necessary or appropriate for the administration of this subsection and the related provisions of title II of the Social Security Act.". <SECTION-HEADER> EFFECTIVE DATE. The amendments made by this Act shall apply only with respect to service performed in taxable years beginning after 90 days after the date of the enactment of this Act.

Social Security Exemption Relief Act of 2009 - Amends title II (OASDI) of the Social Security Act and the Internal Revenue Code to allow an employee, whose employment is not otherwise covered for Social Security benefit purposes , to elect irrevocably to have that employment treated as so covered and the employer be subject to Social Security taxes.

To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to provide that an employee whose employment for an employer is not otherwise covered for social security benefit purposes may irrevocably elect to have his or her employment with such employer treated as so covered and subject to social security taxes.

110_s1320

SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorism Prevention and Deterrence Act of 2007''. SEC. 2. PREVENTION AND DETERRENCE OF TERRORIST SUICIDE BOMBINGS. (a) Offense of Rewarding or Facilitating International Terrorist Acts.-- (1) In general.--Chapter 113B of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2339E. Providing material support to international terrorism ``(a) Definitions.--In this section: ``(1) The term `facility of interstate or foreign commerce' has the same meaning as in section 1958(b)(2). ``(2) The term `international terrorism' has the same meaning as in section 2331. ``(3) The term `material support or resources' has the same meaning as in section 2339A(b). ``(4) The term `perpetrator of an act' includes any person who-- ``(A) commits the act; ``(B) aids, abets, counsels, commands, induces, or procures its commission; or ``(C) attempts, plots, or conspires to commit the act. ``(5) The term `serious bodily injury' has the same meaning as in section 1365. ``(b) Prohibition.--Whoever, in a circumstance described in subsection (c), provides, or attempts or conspires to provide, material support or resources to the perpetrator of an act of international terrorism, or to a family member or other person associated with such perpetrator, with the intent to facilitate, reward, or encourage that act or other acts of international terrorism, shall be fined under this title, imprisoned not more than 25 years, or both, and, if death results, shall be imprisoned for any term of years or for life. ``(c) Jurisdictional Bases.--A circumstance referred to in subsection (b) is that-- ``(1) the offense occurs in or affects interstate or foreign commerce; ``(2) the offense involves the use of the mails or a facility of interstate or foreign commerce; ``(3) an offender intends to facilitate, reward, or encourage an act of international terrorism that affects interstate or foreign commerce or would have affected interstate or foreign commerce had it been consummated; ``(4) an offender intends to facilitate, reward, or encourage an act of international terrorism that violates the criminal laws of the United States; ``(5) an offender intends to facilitate, reward, or encourage an act of international terrorism that is designed to influence the policy or affect the conduct of the United States Government; ``(6) an offender intends to facilitate, reward, or encourage an act of international terrorism that occurs in part within the United States and is designed to influence the policy or affect the conduct of a foreign government; ``(7) an offender intends to facilitate, reward, or encourage an act of international terrorism that causes or is designed to cause death or serious bodily injury to a national of the United States while that national is outside the United States, or substantial damage to the property of a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions) while that property is outside of the United States; ``(8) the offense occurs in whole or in part within the United States, and an offender intends to facilitate, reward or encourage an act of international terrorism that is designed to influence the policy or affect the conduct of a foreign government; or ``(9) the offense occurs in whole or in part outside of the United States, and an offender is a national of the United States, a stateless person whose habitual residence is in the United States, or a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions).''. (2) Technical and conforming amendments.-- (A) Table of sections.--The table of sections for chapter 113B of title 18, United States Code, is amended by adding at the end the following: ``2339D. Receiving military-type training from a foreign terrorist organization. ``2339E. Providing material support to international terrorism.''. (B) Other amendment.--Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by inserting ``2339E (relating to providing material support to international terrorism),'' before ``or 2340A (relating to torture)''. (b) Increased Penalties for Providing Material Support to Terrorists.-- (1) Providing material support to designated foreign terrorist organizations.--Section 2339B(a) of title 18, United States Code, is amended by striking ``15 years'' and inserting ``25 years''. (2) Providing material support or resources in aid of a terrorist crime.--Section 2339A(a) of title 18, United States Code, is amended by striking ``15 years'' and inserting ``40 years''. (3) Receiving military-type training from a foreign terrorist organization.--Section 2339D(a) of title 18, United States Code, is amended by striking ``ten years'' and inserting ``15 years''. (4) Addition of attempts and conspiracies to an offense relating to military training.--Section 2339D(a) of title 18, United States Code, is amended by inserting ``, or attempts or conspires to receive,'' after ``receives''. SEC. 3. TERRORIST MURDERS, KIDNAPPINGS, AND ASSAULTS. (a) Penalties for Terrorist Murder and Manslaughter.--Section 2332(a) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``fined under this title'' and all that follows and inserting ``punished as provided under section 1111(b);''; and (2) in paragraph (2), by striking ``fined under this title'' and all that follows and inserting ``punished as provided under section 1112(b); and''. (b) Addition of Offense of Terrorist Kidnapping.--Section 2332 of title 18, United States Code, is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) Kidnapping.--Whoever outside the United States unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away, or attempts or conspires to seize, confine, inveigle, decoy, kidnap, abduct or carry away, a national of the United States shall be punished as provided under section 1201(a).''. (c) Addition of Sexual Assault to Definition of Offense of Terrorist Assault.--Section 2332(d) of title 18, United States Code, as redesignated by subsection (b) of this section, is amended-- (1) in paragraph (1), by inserting ``(as defined in section 1365, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242)'' after ``injury''; (2) in paragraph (2), by inserting ``(as defined in section 1365, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242)'' after ``injury''; and (3) by striking the matter following paragraph (2) and inserting the following: ``shall be punished as provided under section 2242.''.

Terrorism Prevention and Deterrence Act of 2007 - Amends the federal criminal code to impose a fine andor prison term of up to 25 years for providing, or attempting or conspiring to provide, material support or resources to a perpetrator of international terrorism, or to a family member or other person associated with such perpetrator, with the intent to facilitate, reward, or encourage any act of international terrorism. Provides for expanded jurisdictional bases for prosecuting such offense. Increases prison terms for providing material support to terrorists and foreign terrorist organizations and for receiving military-type training from a foreign terrorist organization. Prohibits attempts or conspiracies to receive such training. Increases criminal penalties for terrorist murders or manslaughters of US nationals outside the United States. Specifies separate criminal penalties for kidnappings and sexual abuse of US nationals outside the United States.

A bill to prohibit the rewarding of suicide bombings, to prohibit terrorist kidnappings and sexual assaults, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Terrorism Prevention and Deterrence Act of 2007". <SECTION-HEADER> PREVENTION AND DETERRENCE OF TERRORIST SUICIDE BOMBINGS. Offense of Rewarding or Facilitating International Terrorist Acts. In general. Chapter 113B of title 18, United States Code, is amended by adding at the end the following: "Section 2339E. Providing material support to international terrorism Definitions. In this section: The term `facility of interstate or foreign commerce' has the same meaning as in section 1958(b)(2). The term `international terrorism' has the same meaning as in section 2331. The term `material support or resources' has the same meaning as in section 2339A(b). The term `perpetrator of an act' includes any person who commits the act, aids, abets, counsels, commands, induces, or procures its commission. Or attempts, plots, or conspires to commit the act. The term `serious bodily injury' has the same meaning as in section 1365. Prohibition. Whoever, in a circumstance described in subsection (c), provides, or attempts or conspires to provide, material support or resources to the perpetrator of an act of international terrorism, or to a family member or other person associated with such perpetrator, with the intent to facilitate, reward, or encourage that act or other acts of international terrorism, shall be fined under this title, imprisoned not more than 25 years, or both, and, if death results, shall be imprisoned for any term of years or for life. Jurisdictional Bases. A circumstance referred to in subsection (b) is that the offense occurs in or affects interstate or foreign commerce. The offense involves the use of the mails or a facility of interstate or foreign commerce. An offender intends to facilitate, reward, or encourage an act of international terrorism that affects interstate or foreign commerce or would have affected interstate or foreign commerce had it been consummated. An offender intends to facilitate, reward, or encourage an act of international terrorism that violates the criminal laws of the United States. An offender intends to facilitate, reward, or encourage an act of international terrorism that is designed to influence the policy or affect the conduct of the United States Government. An offender intends to facilitate, reward, or encourage an act of international terrorism that occurs in part within the United States and is designed to influence the policy or affect the conduct of a foreign government. An offender intends to facilitate, reward, or encourage an act of international terrorism that causes or is designed to cause death or serious bodily injury to a national of the United States while that national is outside the United States, or substantial damage to the property of a legal entity organized under the laws of the United States while that property is outside of the United States. The offense occurs in whole or in part within the United States, and an offender intends to facilitate, reward or encourage an act of international terrorism that is designed to influence the policy or affect the conduct of a foreign government. Or the offense occurs in whole or in part outside of the United States, and an offender is a national of the United States, a stateless person whose habitual residence is in the United States, or a legal entity organized under the laws of the United States .". Technical and conforming amendments. Table of sections. The table of sections for chapter 113B of title 18, United States Code, is amended by adding at the end the following: "2339D. Receiving military-type training from a foreign terrorist organization. "2339E. Providing material support to international terrorism.". Other amendment. Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by inserting "2339E ," before "or 2340A ". Increased Penalties for Providing Material Support to Terrorists. Providing material support to designated foreign terrorist organizations. Section 2339B(a) of title 18, United States Code, is amended by striking "15 years" and inserting "25 years". Providing material support or resources in aid of a terrorist crime. Section 2339A(a) of title 18, United States Code, is amended by striking "15 years" and inserting "40 years". Receiving military-type training from a foreign terrorist organization. Section 2339D(a) of title 18, United States Code, is amended by striking "ten years" and inserting "15 years". Addition of attempts and conspiracies to an offense relating to military training. Section 2339D(a) of title 18, United States Code, is amended by inserting ", or attempts or conspires to receive," after "receives". <SECTION-HEADER> TERRORIST MURDERS, KIDNAPPINGS, AND ASSAULTS. Penalties for Terrorist Murder and Manslaughter. Section 2332(a) of title 18, United States Code, is amended in paragraph (1), by striking "fined under this title" and all that follows and inserting "punished as provided under section 1111(b), ". And in paragraph (2), by striking "fined under this title" and all that follows and inserting "punished as provided under section 1112(b). And". Addition of Offense of Terrorist Kidnapping. Section 2332 of title 18, United States Code, is amended by redesignating subsections (c) and (d) as subsections and (e), respectively. And by inserting after subsection (b) the following: Kidnapping. Whoever outside the United States unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away, or attempts or conspires to seize, confine, inveigle, decoy, kidnap, abduct or carry away, a national of the United States shall be punished as provided under section 1201(a).". Addition of Sexual Assault to Definition of Offense of Terrorist Assault. Section 2332(d) of title 18, United States Code, as redesignated by subsection (b) of this section, is amended in paragraph (1), by inserting "" after "injury", in paragraph (2), by inserting "" after "injury". And by striking the matter following paragraph (2) and inserting the following: "shall be punished as provided under section 2242.".

Terrorism Prevention and Deterrence Act of 2007 - Amends the federal criminal code to impose a fine andor prison term of up to 25 years for providing, or attempting or conspiring to provide, material support or resources to a perpetrator of international terrorism, or to a family member or other person associated with such perpetrator, with the intent to facilitate, reward, or encourage any act of international terrorism. Provides for expanded jurisdictional bases for prosecuting such offense. Increases prison terms for providing material support to terrorists and foreign terrorist organizations and for receiving military-type training from a foreign terrorist organization. Prohibits attempts or conspiracies to receive such training. Increases criminal penalties for terrorist murders or manslaughters of US nationals outside the United States. Specifies separate criminal penalties for kidnappings and sexual abuse of US nationals outside the United States.

A bill to prohibit the rewarding of suicide bombings, to prohibit terrorist kidnappings and sexual assaults, and for other purposes.

104_hr2723

SECTION 1. SHORT TITLE. This Act may be cited as the ``Work and Family Integration Act''. SEC. 2. FLEXIBLE AND COMPRESSED SCHEDULES AND REHIRING PREFERENCE. The Fair Labor Standards Act of 1938 is amended by inserting after section 13 (29 U.S.C. 213) the following new sections: ``SEC. 13A. FLEXIBLE AND COMPRESSED SCHEDULES. ``(a) Purpose.--The purpose of this section is to balance the demands of workplaces with the needs of families in the United States. ``(b) Compressed Schedules.-- ``(1) In general.--Notwithstanding any other provision of law, an employer may establish programs that allow the use of a compressed schedule that consists of-- ``(A) in the case of a schedule of a full-time employee, a 160-hour basic work requirement, over a 4- week period, that is scheduled for less than 20 workdays; and ``(B) in the case of a schedule of a part-time employee, a basic work requirement of less than 160 hours, over a 4-week period, that is scheduled for less than 20 workdays. ``(2) Overtime compensation provisions.--Section 7 and any other provision of law that relates to premium pay for overtime work shall not apply to the hours that constitute such a compressed schedule. ``(3) Computation of overtime.--In the case of any full- time employee, hours worked in excess of such a compressed schedule shall be overtime hours and shall be paid for as provided by the applicable provisions referred to in paragraph (2). In the case of any part-time employee on such a compressed schedule, overtime pay shall begin to be paid after the same number of hours of work after which a full-time employee on a similar schedule would begin to receive overtime pay. ``(c) Flexible Schedules.-- ``(1) In general.--Notwithstanding any other provision of law, an employer may establish programs that allow the use of flexible schedules that include-- ``(A) designated hours and days during which an employee on such a schedule must be present for work; and ``(B) designated hours during which an employee on such a schedule may elect the time of the arrival of such employee at and departure of such employee from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday. ``(2) Overtime compensation provisions.--For purposes of determining compensation for overtime hours in the case of an employee participating in a program under this subsection-- ``(A) the employer may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding section 7 or any other provision of law; or ``(B) the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable. ``(3) Computation of overtime.--Notwithstanding the provisions of law referred to in paragraph (2)(A), an employee shall not be entitled to be compensated for credit hours worked except to the extent such employee is allowed to have such hours taken into account with respect to the basic work requirement of the employee. ``(4) Accumulation and compensation.-- ``(A) Accumulation.--A full-time employee on a flexible schedule under this subsection can accumulate not more than 48 credit hours, and a part-time employee can accumulate not more than \1/4\ of the hours in the basic work requirement, over a 4-week period, of the employee, for carryover from a 4-week period to a succeeding 4-week period for credit to the basic work requirement for such period. ``(B) Compensation.--Any employee who is on a flexible schedule program under this subsection and who is no longer subject to such a program shall be paid at the then current rate of basic pay of the employee for-- ``(i) in the case of a full-time employee, not more than 48 credit hours accumulated by such employee; or ``(ii) in the case of a part-time employee, the number of credit hours (not in excess of \1/4\ of the hours in the basic work requirement, over a 4-week period, of the employee) accumulated by such employee. ``(d) Participation.-- ``(1) In general.--Except as provided in paragraph (3), no employee may be required to participate in a program described in this section. ``(2) Prohibition of coercion.-- ``(A) An employer may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any employee for the purpose of interfering with such employee's rights under this section to elect a time of arrival or departure, to elect or not to elect to work a compressed work schedule, to work or not to work credit hours, or to request or not to request compensatory time off in lieu of payment for overtime hours. ``(B) For the purpose of subsection (A), the term `intimidate, threaten, or coerce' includes, but is not limited to, promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).'' ``(3) Collective bargaining agreement.--In a case in which a valid collective bargaining agreement exists, an employee may only be required to participate in such a program in accordance with the agreement. ``(e) Application of Programs in the Case of Collective Bargaining Agreements.-- ``(1) Applicable requirements.--In the case of employees in a unit represented by an exclusive representative, any flexible or compressed schedule described in subsection (b) or (c), respectively, and the establishment and termination of any such schedule, shall be subject to the provisions of this section and the terms of a collective bargaining agreement between the employer and the exclusive representative. ``(2) Inclusion of employees.--Employees within a unit represented by an exclusive representative shall not be included within any program under this section except to the extent expressly provided under a collective bargaining agreement between the employer and the exclusive representative. ``(3) Collective bargaining agreements.--Nothing in this section shall be construed to diminish the obligation of an employer to comply with any collective bargaining agreement or any employment benefits program or plan that provides lesser or greater rights to employees than the benefits established under this section. ``(f) Definitions.-- ``(1) Basic work requirement.--The term `basic work requirement' means the number of hours, excluding overtime hours, that an employee is required to work or is required to account for by leave or otherwise. ``(2) Collective bargaining.--The term `collective bargaining' means the performance of the mutual obligation of the representative of an employer and the exclusive representative of employees in an appropriate unit to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting such employees and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but the obligation referred to in this paragraph does not compel either party to agree to a proposal or to make a concession. ``(3) Collective bargaining agreement.--The term `collective bargaining agreement' means an agreement entered into as a result of collective bargaining. ``(4) Credit hours.--The term `credit hours' means any hours, within a flexible schedule established under subsection (c), that are in excess of the basic work requirement of an employee and that the employee elects to work so as to vary the length of a workweek or a workday. ``(5) Employee.--The term `employee' means an employee, as defined in section 3, except that the term shall not include an employee, as defined in section 6121(2) of title 5, United States Code. ``(6) Employer.--The term `employer' means an employer, as defined in section 3, except that the term shall not include any person acting in relation to an employee, as defined in section 6121(2) of title 5, United States Code. ``(7) Exclusive representative.--The term `exclusive representative' means any labor organization that-- ``(A) is certified as the exclusive representative of employees in an appropriate unit pursuant to Federal law; or ``(B) was recognized by an employer immediately before the date of enactment of this section as the exclusive representative of employees in an appropriate unit-- ``(i) on the basis of an election; or ``(ii) on any basis other than an election; and continues to be so recognized. ``(8) Overtime hours.--The term `overtime hours'-- ``(A) when used with respect to flexible schedule programs under subsection (c), means all hours in excess of 8 hours in a day or 40 hours in a week that are officially ordered in advance, but does not include credit hours; and ``(B) when used with respect to compressed schedule programs under subsection (b), means any hours in excess of the specified hours that constitute the compressed schedule. ``SEC. 13B. PRIORITY REHIRING. ``(a) Priority.-- ``(1) In general.--Notwithstanding the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), or any other provision of law, if an employee of an employer takes a period of not more than 5 years to care for a son, daughter or parent of the employee, the employer may give priority treatment to the former employee in a hiring decision after the family care period. ``(2) No basis for violation or action.--Notwithstanding any other provision of law, priority treatment to a former employee as described in paragraph (1)(B) that is provided by an employer in a manner consistent with this section shall not constitute a violation by the employer of, or serve as a basis for an action against an employer by another individual under, the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, or any other provision of law. ``(b) Relationship to Leave.--Nothing in this section shall be construed to affect any leave benefit available under other law. ``(c) Effect on Benefits.--Nothing in this section shall be construed to entitle any rehired employee to-- ``(1) the accrual of any seniority or employment benefits during any family care period; or ``(2) any right, benefit, or position of employment other than any right, benefit, or position to which the employee was entitled prior to taking the family care period. ``(d) Periodic Reports.--Nothing in this section shall be construed to prohibit an employer from requiring a former employee to report periodically to the employer on the status and intention of the former employee to apply for reemployment with the employer. ``(e) Collective Bargaining Agreements.--Nothing in this section shall be construed to diminish the obligation of an employer to comply with any collective bargaining agreement or any employment benefits program or plan that provides lesser or greater rights to employees than the benefits established under this section. ``(f) Definitions.--As used in this section: ``(1) Employment benefits.--The term `employment benefits' means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an `employee benefit plan', as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)). ``(2) Family care period.--The term `family care period' means a period of not more than 5 years during which an individual who was an employee cares for a son, daughter, or parent of the employee, as described in subsection (a)(1). ``(3) Former employee.--The term `former employee' means an individual who-- ``(A) was an employee; and ``(B) is taking a family care period. ``(4) Parent.--The term `parent' means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was under 18 years of age. ``(5) Rehired employee.--The term `rehired employee' means an individual who-- ``(A) was the employee of an employer; and ``(B) has been rehired by the employer after taking a family care period. ``(6) Son or daughter.--The term `son or daughter' means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is-- ``(A) under 6 years of age; or ``(B) 6 years of age or older and incapable of self-care because of a mental or physical disability. ``(g) Effective Dates.--This section shall take effect 6 months after the date of enactment of this section.''. SEC. 3. FAIR LABOR STANDARDS EXEMPTIONS. (a) Employees Subject to Certain Leave Policies.--Section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) is amended by inserting before the semicolon at the end thereof the following: ``, regardless of whether or not such executive, administrative, professional, or outside sales employee-- ``(A) is subject to reductions-- ``(i) in accrued leave of any type; or ``(ii) in pay because of an absence of the employee and because-- ``(I) the accrued leave of the employee was exhausted, or ``(II) the employee chose to be absent without charging the accrued leave of the employee, regardless of the length of the leave or absence for which the reductions are to be made, or ``(B) is subject to employer management policies or practices with respect to-- ``(i) the recording of hours worked, ``(ii) the establishment of regular working hours, ``(iii) compensation of any type (irrespective of the amount or method of determination) that is above the salaried level for a work week or work period, and ``(iv) suspension from work without pay for disciplinary purposes''. (b) Effective Date.--The amendment made by subsection (a) shall apply to an employee (described in such amendment) before, on, and after the date of enactment of this Act unless-- (1) an action was brought in a court involving the application of section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) to the employee; and (2) a final judgment has been entered in the action on or before the date of enactment of this Act. SEC. 4. CONFORMING AMENDMENT TO TITLE 5, UNITED STATES CODE. Section 6121(5) of title 5, United States Code, is amended to read as follows: ``(5) `compressed schedule' means-- ``(A) in the case of a schedule of a full-time employee, a 160-hour basic work requirement, over a 4- week period, that is scheduled for less than 20 workdays, and ``(B) in the case of a schedule of a part-time employee, a basic work requirement, over a 4-week period, of less than 160 hours, that is scheduled for less than 20 workdays;''.

Work and Family Integration Act - Amends the Fair Labor Standards Act of 1938 to revise the 40-hour maximum workweek provision to allow employees to work flexible work schedules of 160 hours in any combination over a four-week period before employers would have to pay overtime compensation. Allows employees to request, and employers to provide, compensatory time-and-a-half off in lieu of compensatory overtime pay. Requires that any flexible work arrangement be agreed upon by both the employee and the employer, without coercion. Provides that collective bargaining agreements would remain unaffected. Allows former employees a priority in rehiring if they take time off for up to five years in order to take care of their children or parents. Provides that such an employee's priority treatment may not be used as a basis for an action against the employer for violation of Federal equal protection laws. Revises the salaried employee overtime exemption to allow flexible work schedules under such exemption. Amends Federal civil service law to revise the definition of compressed schedule to conform with that under this Act.

Work and Family Integration Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Work and Family Integration Act". <SECTION-HEADER> FLEXIBLE AND COMPRESSED SCHEDULES AND REHIRING PREFERENCE. The Fair Labor Standards Act of 1938 is amended by inserting after section 13 the following new sections: "Section 13A. FLEXIBLE AND COMPRESSED SCHEDULES. Purpose. The purpose of this section is to balance the demands of workplaces with the needs of families in the United States. Compressed Schedules. In general. Notwithstanding any other provision of law, an employer may establish programs that allow the use of a compressed schedule that consists of in the case of a schedule of a full-time employee, a 160-hour basic work requirement, over a 4- week period, that is scheduled for less than 20 workdays. And in the case of a schedule of a part-time employee, a basic work requirement of less than 160 hours, over a 4-week period, that is scheduled for less than 20 workdays. Overtime compensation provisions. Section 7 and any other provision of law that relates to premium pay for overtime work shall not apply to the hours that constitute such a compressed schedule. Computation of overtime. In the case of any full- time employee, hours worked in excess of such a compressed schedule shall be overtime hours and shall be paid for as provided by the applicable provisions referred to in paragraph . In the case of any part-time employee on such a compressed schedule, overtime pay shall begin to be paid after the same number of hours of work after which a full-time employee on a similar schedule would begin to receive overtime pay. Flexible Schedules. In general. Notwithstanding any other provision of law, an employer may establish programs that allow the use of flexible schedules that include designated hours and days during which an employee on such a schedule must be present for work. And designated hours during which an employee on such a schedule may elect the time of the arrival of such employee at and departure of such employee from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday. Overtime compensation provisions. For purposes of determining compensation for overtime hours in the case of an employee participating in a program under this subsection the employer may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding section 7 or any other provision of law. Or the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable. Computation of overtime. Notwithstanding the provisions of law referred to in paragraph (2)(A), an employee shall not be entitled to be compensated for credit hours worked except to the extent such employee is allowed to have such hours taken into account with respect to the basic work requirement of the employee. Accumulation and compensation. Accumulation. A full-time employee on a flexible schedule under this subsection can accumulate not more than 48 credit hours, and a part-time employee can accumulate not more than 14 of the hours in the basic work requirement, over a 4-week period, of the employee, for carryover from a 4-week period to a succeeding 4-week period for credit to the basic work requirement for such period. Compensation. Any employee who is on a flexible schedule program under this subsection and who is no longer subject to such a program shall be paid at the then current rate of basic pay of the employee for in the case of a full-time employee, not more than 48 credit hours accumulated by such employee. Or in the case of a part-time employee, the number of credit hours accumulated by such employee. Participation. In general. Except as provided in paragraph (3), no employee may be required to participate in a program described in this section. Prohibition of coercion. An employer may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any employee for the purpose of interfering with such employee's rights under this section to elect a time of arrival or departure, to elect or not to elect to work a compressed work schedule, to work or not to work credit hours, or to request or not to request compensatory time off in lieu of payment for overtime hours. For the purpose of subsection (A), the term `intimidate, threaten, or coerce' includes, but is not limited to, promising to confer or conferring any benefit , or effecting or threatening to effect any reprisal ." Collective bargaining agreement. In a case in which a valid collective bargaining agreement exists, an employee may only be required to participate in such a program in accordance with the agreement. Application of Programs in the Case of Collective Bargaining Agreements. Applicable requirements. In the case of employees in a unit represented by an exclusive representative, any flexible or compressed schedule described in subsection (b) or (c), respectively, and the establishment and termination of any such schedule, shall be subject to the provisions of this section and the terms of a collective bargaining agreement between the employer and the exclusive representative. Inclusion of employees. Employees within a unit represented by an exclusive representative shall not be included within any program under this section except to the extent expressly provided under a collective bargaining agreement between the employer and the exclusive representative. Collective bargaining agreements. Nothing in this section shall be construed to diminish the obligation of an employer to comply with any collective bargaining agreement or any employment benefits program or plan that provides lesser or greater rights to employees than the benefits established under this section. Definitions. Basic work requirement. The term `basic work requirement' means the number of hours, excluding overtime hours, that an employee is required to work or is required to account for by leave or otherwise. Collective bargaining. The term `collective bargaining' means the performance of the mutual obligation of the representative of an employer and the exclusive representative of employees in an appropriate unit to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting such employees and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but the obligation referred to in this paragraph does not compel either party to agree to a proposal or to make a concession. Collective bargaining agreement. The term `collective bargaining agreement' means an agreement entered into as a result of collective bargaining. Credit hours. The term `credit hours' means any hours, within a flexible schedule established under subsection , that are in excess of the basic work requirement of an employee and that the employee elects to work so as to vary the length of a workweek or a workday. Employee. The term `employee' means an employee, as defined in section 3, except that the term shall not include an employee, as defined in section 6121(2) of title 5, United States Code. Employer. The term `employer' means an employer, as defined in section 3, except that the term shall not include any person acting in relation to an employee, as defined in section 6121(2) of title 5, United States Code. Exclusive representative. The term `exclusive representative' means any labor organization that is certified as the exclusive representative of employees in an appropriate unit pursuant to Federal law. Or was recognized by an employer immediately before the date of enactment of this section as the exclusive representative of employees in an appropriate unit on the basis of an election, or on any basis other than an election. And continues to be so recognized. Overtime hours. The term `overtime hours' when used with respect to flexible schedule programs under subsection (c), means all hours in excess of 8 hours in a day or 40 hours in a week that are officially ordered in advance, but does not include credit hours. And when used with respect to compressed schedule programs under subsection (b), means any hours in excess of the specified hours that constitute the compressed schedule. "Section 13B. PRIORITY REHIRING. Priority. In general. Notwithstanding the Civil Rights Act of 1964 , the Age Discrimination in Employment Act of 1967 , or any other provision of law, if an employee of an employer takes a period of not more than 5 years to care for a son, daughter or parent of the employee, the employer may give priority treatment to the former employee in a hiring decision after the family care period. No basis for violation or action. Notwithstanding any other provision of law, priority treatment to a former employee as described in paragraph (1)(B) that is provided by an employer in a manner consistent with this section shall not constitute a violation by the employer of, or serve as a basis for an action against an employer by another individual under, the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, or any other provision of law. Relationship to Leave. Nothing in this section shall be construed to affect any leave benefit available under other law. Effect on Benefits. Nothing in this section shall be construed to entitle any rehired employee to the accrual of any seniority or employment benefits during any family care period. Or any right, benefit, or position of employment other than any right, benefit, or position to which the employee was entitled prior to taking the family care period. Periodic Reports. Nothing in this section shall be construed to prohibit an employer from requiring a former employee to report periodically to the employer on the status and intention of the former employee to apply for reemployment with the employer. Collective Bargaining Agreements. Nothing in this section shall be construed to diminish the obligation of an employer to comply with any collective bargaining agreement or any employment benefits program or plan that provides lesser or greater rights to employees than the benefits established under this section. Definitions. As used in this section: Employment benefits. The term `employment benefits' means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an `employee benefit plan', as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 USC. 1002(3)). Family care period. The term `family care period' means a period of not more than 5 years during which an individual who was an employee cares for a son, daughter, or parent of the employee, as described in subsection (a)(1). Former employee. The term `former employee' means an individual who was an employee. And is taking a family care period. Parent. The term `parent' means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was under 18 years of age. Rehired employee. The term `rehired employee' means an individual who was the employee of an employer. And has been rehired by the employer after taking a family care period. Son or daughter. The term `son or daughter' means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 6 years of age. Or 6 years of age or older and incapable of self-care because of a mental or physical disability. Effective Dates. This section shall take effect 6 months after the date of enactment of this section.". <SECTION-HEADER> FAIR LABOR STANDARDS EXEMPTIONS. Employees Subject to Certain Leave Policies. Section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 USC. 213(a)(1)) is amended by inserting before the semicolon at the end thereof the following: ", regardless of whether or not such executive, administrative, professional, or outside sales employee is subject to reductions in accrued leave of any type. Or in pay because of an absence of the employee and because the accrued leave of the employee was exhausted, or the employee chose to be absent without charging the accrued leave of the employee, regardless of the length of the leave or absence for which the reductions are to be made, or is subject to employer management policies or practices with respect to the recording of hours worked, the establishment of regular working hours, compensation of any type that is above the salaried level for a work week or work period, and suspension from work without pay for disciplinary purposes". Effective Date. The amendment made by subsection (a) shall apply to an employee before, on, and after the date of enactment of this Act unless an action was brought in a court involving the application of section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 USC. 213(a)(1)) to the employee. And a final judgment has been entered in the action on or before the date of enactment of this Act. <SECTION-HEADER> CONFORMING AMENDMENT TO TITLE 5, UNITED STATES CODE. Section 6121(5) of title 5, United States Code, is amended to read as follows: `compressed schedule' means in the case of a schedule of a full-time employee, a 160-hour basic work requirement, over a 4- week period, that is scheduled for less than 20 workdays, and in the case of a schedule of a part-time employee, a basic work requirement, over a 4-week period, of less than 160 hours, that is scheduled for less than 20 workdays, ".

Work and Family Integration Act - Amends the Fair Labor Standards Act of 1938 to revise the 40-hour maximum workweek provision to allow employees to work flexible work schedules of 160 hours in any combination over a four-week period before employers would have to pay overtime compensation. Allows employees to request, and employers to provide, compensatory time-and-a-half off in lieu of compensatory overtime pay. Requires that any flexible work arrangement be agreed upon by both the employee and the employer, without coercion. Provides that collective bargaining agreements would remain unaffected. Allows former employees a priority in rehiring if they take time off for up to five years in order to take care of their children or parents. Provides that such an employee's priority treatment may not be used as a basis for an action against the employer for violation of Federal equal protection laws. Revises the salaried employee overtime exemption to allow flexible work schedules under such exemption. Amends Federal civil service law to revise the definition of compressed schedule to conform with that under this Act.

Work and Family Integration Act

110_hr1283

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arthritis Prevention, Control, and Cure Act of 2008''. SEC. 2. ENHANCING THE PUBLIC HEALTH ACTIVITIES RELATED TO ARTHRITIS OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION THROUGH THE NATIONAL ARTHRITIS ACTION PLAN. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 314 the following: ``SEC. 315. IMPLEMENTATION OF THE NATIONAL ARTHRITIS ACTION PROGRAM. ``(a) Establishment of Program.--The Secretary may develop and implement a National Arthritis Action Program (in this section referred to as the `Program') consistent with this section. ``(b) Control, Prevention, and Surveillance.-- ``(1) In general.--Under the Program, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may, directly or through competitive grants to eligible entities, conduct, support, and promote the coordination of research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases. ``(2) Training and technical assistance.--With respect to the planning, development, and operation of any activity carried out under paragraph (1), the Secretary may provide training, technical assistance, supplies, equipment, or services, and may assign any officer or employee of the Department of Health and Human Services to a State or local health agency, or to any public or nonprofit entity designated by a State health agency, in lieu of providing grant funds under this subsection. ``(3) Arthritis prevention research at the centers for disease control and prevention centers.--The Secretary may provide additional grant support under this subsection to encourage the expansion of research related to the prevention and management of arthritis at the Centers for Disease Control and Prevention. ``(4) Eligible entity.--For purposes of this subsection, the term `eligible entity' means a national public or private nonprofit entity that demonstrates to the satisfaction of the Secretary, in the application described in subsection (e), the ability of the entity to carry out the activities described in paragraph (1). ``(c) Education and Outreach.-- ``(1) In general.--Under the Program, the Secretary may coordinate and carry out national education and outreach activities, directly or through the provision of grants to eligible entities, to support, develop, and implement education initiatives and outreach strategies appropriate for arthritis and other rheumatic diseases. ``(2) Initiatives and strategies.--Initiatives and strategies implemented under paragraph (1) may include public awareness campaigns, public service announcements, and community partnership workshops, as well as programs targeted at businesses and employers, managed care organizations, and health care providers. ``(3) Priority.--In carrying out paragraph (1), the Secretary-- ``(A) may emphasize prevention, early diagnosis, and appropriate management of arthritis, and opportunities for effective patient self-management; and ``(B) may give priority to reaching high-risk or underserved populations. ``(4) Collaboration.--In carrying out this subsection, the Secretary shall consult and collaborate with stake-holders from the public, private, and nonprofit sectors with expertise relating to arthritis control, prevention, and treatment. ``(5) Eligible entity.--For purposes of this subsection, the term `eligible entity' means a national public or private nonprofit entity that demonstrates to the satisfaction of the Secretary, in the application described in subsection (e), the ability of the entity to carry out the activities described in paragraph (1). ``(d) Comprehensive State Grants.-- ``(1) In general.--Under the Program, the Secretary may award grants to eligible entities to provide support for comprehensive arthritis control and prevention programs and to enable such entities to provide public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases. ``(2) Eligibility.--To be eligible to receive a grant under this subsection, an entity shall be a State or Indian tribe. ``(3) Application.--To be eligible to receive a grant under this subsection, an entity shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require, including a comprehensive arthritis control and prevention plan that-- ``(A) is developed with the advice of stakeholders from the public, private, and nonprofit sectors that have expertise relating to arthritis control, prevention, and treatment that increase the quality of life and decrease the level of disability; ``(B) is intended to reduce the morbidity of arthritis, with priority on preventing and controlling arthritis in at-risk populations and reducing disparities in arthritis prevention, diagnosis, management, and quality of care in underserved populations; ``(C) describes the arthritis-related services and activities to be undertaken or supported by the entity; and ``(D) demonstrates the relationship the entity has with the community and local entities and how the entity plans to involve such community and local entities in carrying out the activities described in paragraph (1). ``(4) Use of funds.--An eligible entity may use amounts received under a grant awarded under this subsection to conduct, in a manner consistent with the comprehensive arthritis control and prevention plan submitted by the entity in the application under paragraph (3)-- ``(A) public health surveillance and epidemiological activities relating to the prevalence of arthritis and assessment of disparities in arthritis prevention, diagnosis, management, and care; ``(B) public information and education programs; and ``(C) education, training, and clinical skills improvement activities for health professionals, including allied health personnel. ``(e) General Application.--To be eligible to receive a grant under this section, except under subsection (d), an entity shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require, including a description of how funds received under a grant awarded under this section will supplement or fulfill unmet needs identified in a comprehensive arthritis control and prevention plan of the entity. ``(f) Definitions.--For purposes of this section: ``(1) Indian tribe.--The term `Indian tribe' has the meaning given such term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). ``(2) State.--The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) for fiscal year 2009, $32,000,000; ``(2) for fiscal year 2010, $34,000,000; ``(3) for fiscal year 2011, $36,000,000; ``(4) for fiscal year 2012, $38,000,000; and ``(5) for fiscal year 2013, $40,000,000.''. SEC. 3. ACTIVITIES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES WITH RESPECT TO JUVENILE ARTHRITIS AND RELATED CONDITIONS. (a) In General.--The Secretary of Health and Human Services, in coordination with the Director of the National Institutes of Health, may expand and intensify programs of the National Institutes of Health with respect to research and related activities concerning various forms of juvenile arthritis and related conditions. (b) Coordination.--The Director of the National Institutes of Health may coordinate the programs referred to in subsection (a) and consult with additional Federal officials, voluntary health associations, medical professional societies, and private entities as appropriate. SEC. 4. PUBLIC HEALTH AND SURVEILLANCE ACTIVITIES RELATED TO JUVENILE ARTHRITIS AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 320A the following: ``SEC. 320B. SURVEILLANCE AND RESEARCH REGARDING JUVENILE ARTHRITIS. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to and enter into cooperative agreements with public or nonprofit private entities for the collection, analysis, and reporting of data on juvenile arthritis. ``(b) Technical Assistance.--In awarding grants and entering into agreements under subsection (a), the Secretary may provide direct technical assistance in lieu of cash. ``(c) Coordination With NIH.--The Secretary shall ensure that epidemiological and other types of information obtained under subsection (a) is made available to the National Institutes of Health. ``(d) Creation of a National Juvenile Arthritis Population-Based Database.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in collaboration with a national voluntary health organization with experience serving the juvenile arthritis population as well as the full spectrum of arthritis-related conditions, may support the development of a national juvenile arthritis population-based database to collect specific data for follow-up studies regarding the prevalence and incidence of juvenile arthritis, as well as capturing information on evidence-based health outcomes related to specific therapies and interventions. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $25,000,000 for each of fiscal years 2009 through 2013.'' SEC. 5. INVESTMENT IN TOMORROW'S PEDIATRIC RHEUMATOLOGISTS. (a) Enhanced Support.-- (1) In general.--In order to ensure an adequate future supply of pediatric rheumatologists, the Secretary of Health and Human Services, in consultation with the Administrator of the Health Resources and Services Administration, shall support activities that provide for-- (A) an increase in the number and size of institutional training grants awarded to institutions to support pediatric rheumatology training; and (B) an expansion of public-private partnerships to encourage academic institutions, private sector entities, and health agencies to promote educational training and fellowship opportunities for pediatric rheumatologists. (2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $3,750,000 for each of the fiscal years 2009 through 2013. (b) Pediatric Loan Repayment Program.-- (1) In general.--The Secretary of Health and Human Services, in consultation with the Administrator of the Health Resources and Services Administration, shall establish and, subject to the determination under paragraph (3), carry out a pediatric rheumatology loan repayment program. (2) Program administration.--Through the program established under this subsection, the Secretary shall-- (A) enter into contracts with qualified health professionals who are pediatric rheumatologists under which-- (i) such professionals agree to provide health care in an area with a shortage of pediatric rheumatologists and that has the capacity to support pediatric rheumatology, as determined by the Secretary of Health and Human Services; and (ii) the Federal Government agrees to repay, for each year of such service, not more than $25,000 of the principal and interest of the educational loans of such professionals; and (B) in addition to making payments under paragraph (1) on behalf of an individual, make payments to the individual for the purpose of providing reimbursement for tax liability resulting from the payments made under paragraph (1), in an amount equal to 39 percent of the total amount of the payments made for the taxable year involved. (3) Determination of shortage areas.--For purposes of this subsection, an area shall be determined to be an area with a shortage of pediatric rheumatologists based on the ratio of the number of children who reside in such area who are in need of services of a pediatric rheumatologist to the number of pediatric rheumatologists who furnish services within 100 miles of the area. (4) Periodic assessments.-- (A) In general.--The Secretary of Health and Human Services shall periodically assess-- (i) the extent to which the loan repayment program under this section is needed; and (ii) the extent to which the program is effective in increasing the number of pediatric rheumatologists nationally and the number of pediatric rheumatologists in areas with a shortage of pediatric rheumatologists. In the case that the Secretary determines, pursuant to an assessment under this subparagraph, that there is no longer a need for the loan repayment program, such program shall be terminated as of a date specified by the Secretary. (B) Annual reports.--The Secretary of Health and Human Services shall annually report to Congress on the periodic assessments conducted under subparagraph (A). (5) Funding.-- (A) In general.--For the purpose of carrying out this subsection, the Secretary of Health and Human Services may reserve, from amounts appropriated for the Health Resources and Services Administration for the fiscal year involved, such amounts as the Secretary determines to be appropriate. (B) Availability of funds.--Amounts made available to carry out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which such amounts were made available. Passed the House of Representatives September 27, 2008. Attest: LORRAINE C. MILLER, Clerk.

Arthritis Prevention, Control, and Cure Act of 2008 - Amends the Public Health Service Act to allow the Secretary of Health and Human Services to develop and implement a National Arthritis Action Program, which may include: (1) conducting, supporting, and promoting the coordination of research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases. (2) providing training, technical assistance, supplies, equipment, or services and assigning any officer or employee of the Department of Health and Human Services (HHS) to a state or local health agency. (3) providing additional grant support to encourage the expansion of research related to the prevention and management of arthritis at the Centers for Disease Control and Prevention (CDC). (4) carrying out national education and outreach activities to support, develop, and implement education initiatives and outreach strategies appropriate for arthritis and other rheumatic diseases. And (5) awarding grants to states or Indian tribes to support comprehensive arthritis control and prevention programs and to provide public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases. Allows the Secretary, in carrying out national education and outreach activities, to: (1) emphasize prevention, early diagnosis, and appropriate management of arthritis and opportunities for effective patient self-management. And (2) give priority to reaching high-risk or underserved populations. Authorizes appropriations for FY2009-FY2013. Authorizes the Secretary to expand and intensify programs of the National Institutes of Health (NIH) concerning juvenile arthritis and related conditions. Allows the Secretary, acting through the Director of CDC, to award grants to, and enter into cooperative agreements with, public or nonprofit private entities for the collection, analysis, and reporting of data on juvenile arthritis. Requires the Secretary to ensure that epidemiological and other types of information are made available to NIH. Allows the Secretary, acting through the Director of CDC, to support the development of a national juvenile arthritis population-based database to: (1) collect specific data for follow-up studies regarding the prevalence and incidence of juvenile arthritis. And (2) capture information on evidence-based health outcomes related to specific therapies and interventions. Authorizes appropriations for FY2009-FY2013. Requires the Secretary to support activities that provide for: (1) an increase in the number and size of institutional training grants to support pediatric rheumatology training. And (2) an expansion of public-private partnerships to promote educational training and fellowship opportunities for pediatric rheumatologists. Authorizes appropriations for FY2009-FY2013. Requires the Secretary to establish and carry out a pediatric rheumatology loan repayment program through which the Secretary shall repay student loans in exchange for service as a pediatric rheumatologist in an area with both a shortage of pediatric rheumatologists and the capacity to support pediatric rheumatology. Requires the Secretary to periodically assess: (1) the extent to which the loan repayment program is needed. And (2) the extent to which the program is effective in increasing the number of pediatric rheumatologists nationally and in areas with a shortage. Terminates the program if the Secretary determines it is no longer needed.

To amend the Public Health Service Act to provide for arthritis research and public health, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Arthritis Prevention, Control, and Cure Act of 2008". <SECTION-HEADER> ENHANCING THE PUBLIC HEALTH ACTIVITIES RELATED TO ARTHRITIS OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION THROUGH THE NATIONAL ARTHRITIS ACTION PLAN. Part B of title III of the Public Health Service Act is amended by inserting after section 314 the following: "Section 315. IMPLEMENTATION OF THE NATIONAL ARTHRITIS ACTION PROGRAM. Establishment of Program. The Secretary may develop and implement a National Arthritis Action Program consistent with this section. Control, Prevention, and Surveillance. In general. Under the Program, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may, directly or through competitive grants to eligible entities, conduct, support, and promote the coordination of research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases. Training and technical assistance. With respect to the planning, development, and operation of any activity carried out under paragraph (1), the Secretary may provide training, technical assistance, supplies, equipment, or services, and may assign any officer or employee of the Department of Health and Human Services to a State or local health agency, or to any public or nonprofit entity designated by a State health agency, in lieu of providing grant funds under this subsection. Arthritis prevention research at the centers for disease control and prevention centers. The Secretary may provide additional grant support under this subsection to encourage the expansion of research related to the prevention and management of arthritis at the Centers for Disease Control and Prevention. Eligible entity. For purposes of this subsection, the term `eligible entity' means a national public or private nonprofit entity that demonstrates to the satisfaction of the Secretary, in the application described in subsection (e), the ability of the entity to carry out the activities described in paragraph (1). Education and Outreach. In general. Under the Program, the Secretary may coordinate and carry out national education and outreach activities, directly or through the provision of grants to eligible entities, to support, develop, and implement education initiatives and outreach strategies appropriate for arthritis and other rheumatic diseases. Initiatives and strategies. Initiatives and strategies implemented under paragraph (1) may include public awareness campaigns, public service announcements, and community partnership workshops, as well as programs targeted at businesses and employers, managed care organizations, and health care providers. Priority. In carrying out paragraph (1), the Secretary may emphasize prevention, early diagnosis, and appropriate management of arthritis, and opportunities for effective patient self-management. And may give priority to reaching high-risk or underserved populations. Collaboration. In carrying out this subsection, the Secretary shall consult and collaborate with stake-holders from the public, private, and nonprofit sectors with expertise relating to arthritis control, prevention, and treatment. Eligible entity. For purposes of this subsection, the term `eligible entity' means a national public or private nonprofit entity that demonstrates to the satisfaction of the Secretary, in the application described in subsection (e), the ability of the entity to carry out the activities described in paragraph (1). Comprehensive State Grants. In general. Under the Program, the Secretary may award grants to eligible entities to provide support for comprehensive arthritis control and prevention programs and to enable such entities to provide public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases. Eligibility. To be eligible to receive a grant under this subsection, an entity shall be a State or Indian tribe. Application. To be eligible to receive a grant under this subsection, an entity shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require, including a comprehensive arthritis control and prevention plan that is developed with the advice of stakeholders from the public, private, and nonprofit sectors that have expertise relating to arthritis control, prevention, and treatment that increase the quality of life and decrease the level of disability. Is intended to reduce the morbidity of arthritis, with priority on preventing and controlling arthritis in at-risk populations and reducing disparities in arthritis prevention, diagnosis, management, and quality of care in underserved populations. Describes the arthritis-related services and activities to be undertaken or supported by the entity. And demonstrates the relationship the entity has with the community and local entities and how the entity plans to involve such community and local entities in carrying out the activities described in paragraph (1). Use of funds. An eligible entity may use amounts received under a grant awarded under this subsection to conduct, in a manner consistent with the comprehensive arthritis control and prevention plan submitted by the entity in the application under paragraph (3) public health surveillance and epidemiological activities relating to the prevalence of arthritis and assessment of disparities in arthritis prevention, diagnosis, management, and care, public information and education programs. And education, training, and clinical skills improvement activities for health professionals, including allied health personnel. General Application. To be eligible to receive a grant under this section, except under subsection (d), an entity shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require, including a description of how funds received under a grant awarded under this section will supplement or fulfill unmet needs identified in a comprehensive arthritis control and prevention plan of the entity. Definitions. For purposes of this section: Indian tribe. The term `Indian tribe' has the meaning given such term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 USC. 450b(e)). State. The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. Authorization of Appropriations. There are authorized to be appropriated to carry out this section for fiscal year 2009, $32,000,000, for fiscal year 2010, $34,000,000, for fiscal year 2011, $36,000,000, for fiscal year 2012, $38,000,000. And for fiscal year 2013, $40,000,000.". <SECTION-HEADER> ACTIVITIES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES WITH RESPECT TO JUVENILE ARTHRITIS AND RELATED CONDITIONS. In General. The Secretary of Health and Human Services, in coordination with the Director of the National Institutes of Health, may expand and intensify programs of the National Institutes of Health with respect to research and related activities concerning various forms of juvenile arthritis and related conditions. Coordination. The Director of the National Institutes of Health may coordinate the programs referred to in subsection (a) and consult with additional Federal officials, voluntary health associations, medical professional societies, and private entities as appropriate. <SECTION-HEADER> PUBLIC HEALTH AND SURVEILLANCE ACTIVITIES RELATED TO JUVENILE ARTHRITIS AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION. Part B of title III of the Public Health Service Act is amended by inserting after section 320A the following: "Section 320B. SURVEILLANCE AND RESEARCH REGARDING JUVENILE ARTHRITIS. In General. The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to and enter into cooperative agreements with public or nonprofit private entities for the collection, analysis, and reporting of data on juvenile arthritis. Technical Assistance. In awarding grants and entering into agreements under subsection (a), the Secretary may provide direct technical assistance in lieu of cash. Coordination With NIH. The Secretary shall ensure that epidemiological and other types of information obtained under subsection (a) is made available to the National Institutes of Health. Creation of a National Juvenile Arthritis Population-Based Database. The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in collaboration with a national voluntary health organization with experience serving the juvenile arthritis population as well as the full spectrum of arthritis-related conditions, may support the development of a national juvenile arthritis population-based database to collect specific data for follow-up studies regarding the prevalence and incidence of juvenile arthritis, as well as capturing information on evidence-based health outcomes related to specific therapies and interventions. Authorization of Appropriations. For the purpose of carrying out this section, there is authorized to be appropriated $25,000,000 for each of fiscal years 2009 through 2013." <SECTION-HEADER> INVESTMENT IN TOMORROW'S PEDIATRIC RHEUMATOLOGISTS. Enhanced Support. In general. In order to ensure an adequate future supply of pediatric rheumatologists, the Secretary of Health and Human Services, in consultation with the Administrator of the Health Resources and Services Administration, shall support activities that provide for an increase in the number and size of institutional training grants awarded to institutions to support pediatric rheumatology training. And an expansion of public-private partnerships to encourage academic institutions, private sector entities, and health agencies to promote educational training and fellowship opportunities for pediatric rheumatologists. Authorization of appropriations. There are authorized to be appropriated to carry out this subsection $3,750,000 for each of the fiscal years 2009 through 2013. Pediatric Loan Repayment Program. In general. The Secretary of Health and Human Services, in consultation with the Administrator of the Health Resources and Services Administration, shall establish and, subject to the determination under paragraph (3), carry out a pediatric rheumatology loan repayment program. Program administration. Through the program established under this subsection, the Secretary shall enter into contracts with qualified health professionals who are pediatric rheumatologists under which such professionals agree to provide health care in an area with a shortage of pediatric rheumatologists and that has the capacity to support pediatric rheumatology, as determined by the Secretary of Health and Human Services. And the Federal Government agrees to repay, for each year of such service, not more than $25,000 of the principal and interest of the educational loans of such professionals. And in addition to making payments under paragraph on behalf of an individual, make payments to the individual for the purpose of providing reimbursement for tax liability resulting from the payments made under paragraph (1), in an amount equal to 39 percent of the total amount of the payments made for the taxable year involved. Determination of shortage areas. For purposes of this subsection, an area shall be determined to be an area with a shortage of pediatric rheumatologists based on the ratio of the number of children who reside in such area who are in need of services of a pediatric rheumatologist to the number of pediatric rheumatologists who furnish services within 100 miles of the area. Periodic assessments. In general. The Secretary of Health and Human Services shall periodically assess the extent to which the loan repayment program under this section is needed. And the extent to which the program is effective in increasing the number of pediatric rheumatologists nationally and the number of pediatric rheumatologists in areas with a shortage of pediatric rheumatologists. In the case that the Secretary determines, pursuant to an assessment under this subparagraph, that there is no longer a need for the loan repayment program, such program shall be terminated as of a date specified by the Secretary. Annual reports. The Secretary of Health and Human Services shall annually report to Congress on the periodic assessments conducted under subparagraph (A). Funding. In general. For the purpose of carrying out this subsection, the Secretary of Health and Human Services may reserve, from amounts appropriated for the Health Resources and Services Administration for the fiscal year involved, such amounts as the Secretary determines to be appropriate. Availability of funds. Amounts made available to carry out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which such amounts were made available. Passed the House of Representatives September 27, 2008. Attest: LORRAINE C. MILLER, Clerk.

Arthritis Prevention, Control, and Cure Act of 2008 - Amends the Public Health Service Act to allow the Secretary of Health and Human Services to develop and implement a National Arthritis Action Program, which may include: (1) conducting, supporting, and promoting the coordination of research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases. (2) providing training, technical assistance, supplies, equipment, or services and assigning any officer or employee of the Department of Health and Human Services (HHS) to a state or local health agency. (3) providing additional grant support to encourage the expansion of research related to the prevention and management of arthritis at the Centers for Disease Control and Prevention (CDC). (4) carrying out national education and outreach activities to support, develop, and implement education initiatives and outreach strategies appropriate for arthritis and other rheumatic diseases. And (5) awarding grants to states or Indian tribes to support comprehensive arthritis control and prevention programs and to provide public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases. Allows the Secretary, in carrying out national education and outreach activities, to: (1) emphasize prevention, early diagnosis, and appropriate management of arthritis and opportunities for effective patient self-management. And (2) give priority to reaching high-risk or underserved populations. Authorizes appropriations for FY2009-FY2013. Authorizes the Secretary to expand and intensify programs of the National Institutes of Health (NIH) concerning juvenile arthritis and related conditions. Allows the Secretary, acting through the Director of CDC, to award grants to, and enter into cooperative agreements with, public or nonprofit private entities for the collection, analysis, and reporting of data on juvenile arthritis. Requires the Secretary to ensure that epidemiological and other types of information are made available to NIH. Allows the Secretary, acting through the Director of CDC, to support the development of a national juvenile arthritis population-based database to: (1) collect specific data for follow-up studies regarding the prevalence and incidence of juvenile arthritis. And (2) capture information on evidence-based health outcomes related to specific therapies and interventions. Authorizes appropriations for FY2009-FY2013. Requires the Secretary to support activities that provide for: (1) an increase in the number and size of institutional training grants to support pediatric rheumatology training. And (2) an expansion of public-private partnerships to promote educational training and fellowship opportunities for pediatric rheumatologists. Authorizes appropriations for FY2009-FY2013. Requires the Secretary to establish and carry out a pediatric rheumatology loan repayment program through which the Secretary shall repay student loans in exchange for service as a pediatric rheumatologist in an area with both a shortage of pediatric rheumatologists and the capacity to support pediatric rheumatology. Requires the Secretary to periodically assess: (1) the extent to which the loan repayment program is needed. And (2) the extent to which the program is effective in increasing the number of pediatric rheumatologists nationally and in areas with a shortage. Terminates the program if the Secretary determines it is no longer needed.

To amend the Public Health Service Act to provide for arthritis research and public health, and for other purposes.

112_s856

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Spending Transparency Act of 2011''. SEC. 2. PUBLIC AVAILABILITY OF AGGREGATE DATA ON MEDICARE PROVIDERS OF SERVICES AND SUPPLIERS. (a) Purpose.--The purpose of this section is to make aggregate information about providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) publicly available and to provide a new level of transparency in such program. (b) Public Availability.--Section 1128J of the Social Security Act (42 U.S.C. 1320a-7k) is amended by adding at the end the following new subsection: ``(f) Public Availability of Certain Medicare Data.-- ``(1) In general.--The Secretary shall, to the extent consistent with applicable information, privacy, security, and disclosure laws, including the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 and section 552a of title 5, United States Code, make available to the public on the Internet website of the Centers for Medicare & Medicaid Services the following data with respect to title XVIII: ``(A) A complete list of the providers of services and suppliers participating in the program under such title, including the business address of such providers of services and suppliers. ``(B) Aggregate information about each such provider of services and supplier, including-- ``(i) the total number of individuals furnished items or services by the provider of services or supplier for which payment was made under such title during the preceding year; ``(ii) the number of unique patient encounters conducted by the provider of services or supplier for which payment was made under such title during the preceding year; ``(iii) the average number of codes billed under such title by the provider of services of supplier per patient encounter during the preceding year; ``(iv) the total amount paid to such provider of services or supplier under such title during the preceding year; ``(v) the top 50 billing codes on claims paid under such title to the provider of services or supplier during the preceding year, as determined by volume, including a description of such codes; ``(vi) the top 50 billing codes on such claims paid during such year, as determined by dollar amount, including a description of such codes; and ``(vii) the top 50 diagnosis and procedure code pairs on such claims paid during such year, as determined by volume, including a description of such codes. ``(2) Implementation.--Not later than 1 year after the date of enactment of the Medicare Spending Transparency Act of 2011, the Secretary shall promulgate regulations to carry out this subsection.''. SEC. 3. ACCESS TO MEDICARE CLAIMS AND PAYMENT DATA BY QUALIFIED INDIVIDUALS AND GROUPS. (a) Purpose.--The purpose of this section is to allow qualified individuals and groups access to information on claims and payment data under the Medicare program for purposes of conducting health research and detecting fraud under such program. (b) Access to Medicare Claims and Payment Data by Qualified Individuals and Groups.--Section 1128J of the Social Security Act (42 U.S.C. 1320a-7k), as amended by section 2, is amended by adding at the end the following new subsection: ``(g) Access to Medicare Claims and Payment Data by Qualified Individuals and Groups.-- ``(1) In general.--For purposes of conducting health research and detecting fraud under title XVIII, and to the extent consistent with applicable information, privacy, security, and disclosure laws, including the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 and section 552a of title 5, United States Code, and subject to any information systems security requirements under such laws or otherwise required by the Secretary, a qualified individual or group shall have access to claims and payment data of the Department of Health and Human Services and its contractors related to title XVIII. Notwithstanding any other provision of law, such data shall include the identity of individual providers of services and suppliers under such title. ``(2) Definition of qualified individual or group.-- ``(A) In general.--In this subsection, the term `qualified individual or group' means an individual or entity that the Secretary has determined, in accordance with subparagraph (B), has relevant experience, knowledge, and technical expertise in medicine, statistics, health care billing, practice patterns, health care fraud detection, and analysis to use data provided to the individual or the entity under this subsection in an appropriate, responsible, and ethical manner and for the purposes described in paragraph (1). ``(B) Procedures.--The Secretary shall establish procedures for determining, in a timely manner, whether an individual or entity is a qualified individual or group. ``(3) Procedures.--The Secretary shall establish procedures for the storage and use of data provided to a qualified individual or group under this subsection. Such procedures shall ensure that, in the case where the qualified individual or group publishes an analysis of such data (or any analysis using such data), the qualified individual or group discloses the following information (in a form and manner, and at a time, specified by the Secretary): ``(A) The name of the qualified individual or group. ``(B) The sources of any funding for the qualified individual or group. ``(C) Any employer or other relevant affiliations of the qualified individual or group. ``(D) The data analysis methods used by the qualified individual or group in the analysis involved.''.

Medicare Spending Transparency Act of 2011 - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), consistent with applicable information, privacy, security, and disclosure laws, to make public on the Internet website of the Centers for Medicare and Medicaid Services the following data with respect to SSA title XVIII (Medicare): (1) a complete list of service providers and suppliers participating in the Medicare program, including their business addresses. And (2) certain aggregate information about each provider and supplier. Entitles a qualified individual or group, for health research and fraud detection purposes, to access to Medicare claims and payment data of both HHS and its contractors. Directs the Secretary to establish procedures for the storage and use of data provided to such an individual or group.

A bill to amend title XI of the Social Security Act to make available to the public aggregate data on providers of services and suppliers under the Medicare program and to allow qualified individuals and groups access to claims and payment data under the Medicare program for purposes of conducting health research and detecting fraud.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Medicare Spending Transparency Act of 2011". <SECTION-HEADER> PUBLIC AVAILABILITY OF AGGREGATE DATA ON MEDICARE PROVIDERS OF SERVICES AND SUPPLIERS. Purpose. The purpose of this section is to make aggregate information about providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act publicly available and to provide a new level of transparency in such program. Public Availability. Section 1128J of the Social Security Act is amended by adding at the end the following new subsection: Public Availability of Certain Medicare Data. In general. The Secretary shall, to the extent consistent with applicable information, privacy, security, and disclosure laws, including the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 and section 552a of title 5, United States Code, make available to the public on the Internet website of the Centers for Medicare Medicaid Services the following data with respect to title XVIII: A complete list of the providers of services and suppliers participating in the program under such title, including the business address of such providers of services and suppliers. Aggregate information about each such provider of services and supplier, including the total number of individuals furnished items or services by the provider of services or supplier for which payment was made under such title during the preceding year. The number of unique patient encounters conducted by the provider of services or supplier for which payment was made under such title during the preceding year. The average number of codes billed under such title by the provider of services of supplier per patient encounter during the preceding year. The total amount paid to such provider of services or supplier under such title during the preceding year. The top 50 billing codes on claims paid under such title to the provider of services or supplier during the preceding year, as determined by volume, including a description of such codes. The top 50 billing codes on such claims paid during such year, as determined by dollar amount, including a description of such codes. And the top 50 diagnosis and procedure code pairs on such claims paid during such year, as determined by volume, including a description of such codes. Implementation. Not later than 1 year after the date of enactment of the Medicare Spending Transparency Act of 2011, the Secretary shall promulgate regulations to carry out this subsection.". <SECTION-HEADER> ACCESS TO MEDICARE CLAIMS AND PAYMENT DATA BY QUALIFIED INDIVIDUALS AND GROUPS. Purpose. The purpose of this section is to allow qualified individuals and groups access to information on claims and payment data under the Medicare program for purposes of conducting health research and detecting fraud under such program. Access to Medicare Claims and Payment Data by Qualified Individuals and Groups. Section 1128J of the Social Security Act , as amended by section 2, is amended by adding at the end the following new subsection: Access to Medicare Claims and Payment Data by Qualified Individuals and Groups. In general. For purposes of conducting health research and detecting fraud under title XVIII, and to the extent consistent with applicable information, privacy, security, and disclosure laws, including the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 and section 552a of title 5, United States Code, and subject to any information systems security requirements under such laws or otherwise required by the Secretary, a qualified individual or group shall have access to claims and payment data of the Department of Health and Human Services and its contractors related to title XVIII. Notwithstanding any other provision of law, such data shall include the identity of individual providers of services and suppliers under such title. Definition of qualified individual or group. In general. In this subsection, the term `qualified individual or group' means an individual or entity that the Secretary has determined, in accordance with subparagraph (B), has relevant experience, knowledge, and technical expertise in medicine, statistics, health care billing, practice patterns, health care fraud detection, and analysis to use data provided to the individual or the entity under this subsection in an appropriate, responsible, and ethical manner and for the purposes described in paragraph (1). Procedures. The Secretary shall establish procedures for determining, in a timely manner, whether an individual or entity is a qualified individual or group. Procedures. The Secretary shall establish procedures for the storage and use of data provided to a qualified individual or group under this subsection. Such procedures shall ensure that, in the case where the qualified individual or group publishes an analysis of such data , the qualified individual or group discloses the following information : The name of the qualified individual or group. The sources of any funding for the qualified individual or group. Any employer or other relevant affiliations of the qualified individual or group. The data analysis methods used by the qualified individual or group in the analysis involved.".

Medicare Spending Transparency Act of 2011 - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), consistent with applicable information, privacy, security, and disclosure laws, to make public on the Internet website of the Centers for Medicare and Medicaid Services the following data with respect to SSA title XVIII (Medicare): (1) a complete list of service providers and suppliers participating in the Medicare program, including their business addresses. And (2) certain aggregate information about each provider and supplier. Entitles a qualified individual or group, for health research and fraud detection purposes, to access to Medicare claims and payment data of both HHS and its contractors. Directs the Secretary to establish procedures for the storage and use of data provided to such an individual or group.

A bill to amend title XI of the Social Security Act to make available to the public aggregate data on providers of services and suppliers under the Medicare program and to allow qualified individuals and groups access to claims and payment data under the Medicare program for purposes of conducting health research and detecting fraud.

112_s619

SECTION 1. SHORT TITLE. This Act may be cited as the ``STEM Support for Teachers in Education and Mentoring (STEM) Act'' or the ``STEM\2\ Act''. SEC. 2. STEM EDUCATION PLANNING AND TRAINING. (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``PART E--STEM EDUCATION PLANNING AND TRAINING ``SEC. 2501. DEFINITIONS. ``In this part: ``(1) Indian tribe; tribal organization.--The terms `Indian tribe' and `tribal organization' have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act. ``(2) STEM.--The term `STEM' means science, technology, engineering, and mathematics. ``SEC. 2502. PLANNING GRANTS. ``(a) Purpose.--The purpose of this section is to address the lack of coordination among STEM education efforts in the States. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means a State, Indian tribe, tribal organization, nonprofit organization, or institution of higher education. ``(c) Grants Authorized.--From amounts made available to carry out this section, the Secretary shall carry out a program of awarding, on a competitive basis, planning grants to eligible entities to enable the eligible entities to-- ``(1) develop effective State or tribal STEM networks for communication and collaboration that include school teachers, institutions of higher education, nonprofit organizations, businesses, Federal, State, and local governments, and any other relevant entities; and ``(2) through such State STEM networks, identify future STEM skills needed for STEM and non-STEM occupations. ``(d) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(e) Reports.-- ``(1) Reports to the secretary.--An eligible entity receiving a grant under this section shall submit to the Secretary an annual report describing the progress made on the grant. ``(2) Reports to congress.--Not later than 3 years after the date of enactment of the STEM Support for Teachers in Education and Mentoring (STEM) Act, and every 3 years thereafter, the Secretary shall submit a report to Congress regarding the program supported under this section. ``SEC. 2503. TRAINING PROGRAM GRANTS. ``(a) Purpose.--The purpose of this section is to strengthen the capacity of teachers, elementary schools, middle schools, and secondary schools to inspire and prepare students for STEM careers and build STEM literacy. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means a State, Indian tribe, tribal organization, local educational agency, institution of higher education, or nonprofit organization. ``(c) Grants Authorized.-- ``(1) In general.--From amounts made available to carry out this section, the Secretary shall carry out a program of awarding grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, carry out, and evaluate training programs for STEM education in elementary schools, middle schools, and secondary schools. ``(2) Proportionality.--To the extent practicable, the Secretary shall, in awarding grants under this section, ensure an equitable distribution between eligible entities serving urban areas and eligible entities serving rural areas. ``(d) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include-- ``(1) a description of how the eligible entity will monitor and evaluate the effectiveness of the training program, including how the eligible entity plans to measure the impact of the training on teachers who attended the training after the teachers return to the classroom; and ``(2) any other information the Secretary determines appropriate. ``(e) Use of Funds.--An eligible entity receiving a grant under this section shall use grant funds to carry out a training program, using best practice models and through summer institutes or other professional development enrichment programs, that provides professional development regarding STEM education to STEM teachers (including STEM teachers who are master teachers or have otherwise demonstrated mastery of STEM teaching) and administrators who are currently employed as teachers and administrators, respectively, as of the time of the program. ``(f) Reports.-- ``(1) Reports to the secretary.--An eligible entity receiving a grant under this section shall submit to the Secretary an annual report that describes the progress made on the grant and includes the results from the evaluation described in the application under subsection (d). ``(2) Reports to congress.--Not later than 3 years after the date of enactment of this part, and every 3 years thereafter, the Secretary shall submit a report to Congress regarding the program supported under this section. ``SEC. 2504. NATIONAL PANEL. ``(a) In General.--The Secretary shall establish a national panel to review, evaluate, and identify-- ``(1) rigorous kindergarten through grade 12 STEM curricula models, including computer or web-based simulation education programs and kinesthetic learning; and ``(2) best practices with respect to STEM curricula. ``(b) Members.--The Secretary shall determine the membership of the national panel described in subsection (a), which shall be comprised of individuals who have the wisdom and experience to identify and recommend the most effective STEM curricula models, such as-- ``(1) representatives of technology industries and business; ``(2) teachers and school administrators; ``(3) representatives of nonprofit organizations and community organizations; ``(4) faculty members of institutions of higher education; ``(5) research specialists and curricula specialists; ``(6) at least 1 rural education expert; and ``(7) other individuals, as determined appropriate by the Secretary. ``(c) Reports.--The panel shall prepare reports and recommendations regarding the panel's findings as requested by the Secretary. ``SEC. 2505. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2011 and each of the 5 succeeding fiscal years.''. (b) Table of Contents.--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 2441 the following: ``Part E--STEM Education Planning and Training ``Sec. 2501. Definitions. ``Sec. 2502. Planning grants. ``Sec. 2503. Training program grants. ``Sec. 2504. National panel. ``Sec. 2505. Authorization of appropriations.''.

STEM Support for Teachers in Education and Mentoring (STEM) Act or STEM 2 Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive planning grants to states, Indian tribes or tribal organizations, nonprofit organizations, or institutions of higher education to develop effective state or tribal science, technology, engineering, and mathematics (STEM) networks that coordinate STEM education efforts by: (1) facilitating communication and collaboration among public and private STEM stakeholders, and (2) identifying STEM occupational skills needed in the future. Directs the Secretary to award competitive grants to states, Indian tribes or tribal organizations, local educational agencies, institutions of higher education, or nonprofit organizations to develop, implement, and evaluate STEM education training programs for teachers and administrators in elementary, middle, and secondary schools. Requires the Secretary to establish a national panel to identify and recommend the most effective STEM curricula models for kindergarten through grade 12.

A bill to assist in the coordination among science, technology, engineering, and mathematics efforts in the States, to strengthen the capacity of elementary schools, middle schools, and secondary schools to prepare students in science, technology, engineering, and mathematics, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "STEM Support for Teachers in Education and Mentoring (STEM) Act" or the "STEM2 Act". <SECTION-HEADER> STEM EDUCATION PLANNING AND TRAINING. In General. Title II of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: "PART E STEM EDUCATION PLANNING AND TRAINING "Section 2501. DEFINITIONS. "In this part: Indian tribe. Tribal organization. The terms `Indian tribe' and `tribal organization' have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act. STEM. The term `STEM' means science, technology, engineering, and mathematics. "Section 2502. PLANNING GRANTS. Purpose. The purpose of this section is to address the lack of coordination among STEM education efforts in the States. Definition of Eligible Entity. In this section, the term `eligible entity' means a State, Indian tribe, tribal organization, nonprofit organization, or institution of higher education. Grants Authorized. From amounts made available to carry out this section, the Secretary shall carry out a program of awarding, on a competitive basis, planning grants to eligible entities to enable the eligible entities to develop effective State or tribal STEM networks for communication and collaboration that include school teachers, institutions of higher education, nonprofit organizations, businesses, Federal, State, and local governments, and any other relevant entities. And through such State STEM networks, identify future STEM skills needed for STEM and non-STEM occupations. Application. An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Reports. Reports to the secretary. An eligible entity receiving a grant under this section shall submit to the Secretary an annual report describing the progress made on the grant. Reports to congress. Not later than 3 years after the date of enactment of the STEM Support for Teachers in Education and Mentoring (STEM) Act, and every 3 years thereafter, the Secretary shall submit a report to Congress regarding the program supported under this section. "Section 2503. TRAINING PROGRAM GRANTS. Purpose. The purpose of this section is to strengthen the capacity of teachers, elementary schools, middle schools, and secondary schools to inspire and prepare students for STEM careers and build STEM literacy. Definition of Eligible Entity. In this section, the term `eligible entity' means a State, Indian tribe, tribal organization, local educational agency, institution of higher education, or nonprofit organization. Grants Authorized. In general. From amounts made available to carry out this section, the Secretary shall carry out a program of awarding grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, carry out, and evaluate training programs for STEM education in elementary schools, middle schools, and secondary schools. Proportionality. To the extent practicable, the Secretary shall, in awarding grants under this section, ensure an equitable distribution between eligible entities serving urban areas and eligible entities serving rural areas. Application. An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include a description of how the eligible entity will monitor and evaluate the effectiveness of the training program, including how the eligible entity plans to measure the impact of the training on teachers who attended the training after the teachers return to the classroom. And any other information the Secretary determines appropriate. Use of Funds. An eligible entity receiving a grant under this section shall use grant funds to carry out a training program, using best practice models and through summer institutes or other professional development enrichment programs, that provides professional development regarding STEM education to STEM teachers and administrators who are currently employed as teachers and administrators, respectively, as of the time of the program. Reports. Reports to the secretary. An eligible entity receiving a grant under this section shall submit to the Secretary an annual report that describes the progress made on the grant and includes the results from the evaluation described in the application under subsection (d). Reports to congress. Not later than 3 years after the date of enactment of this part, and every 3 years thereafter, the Secretary shall submit a report to Congress regarding the program supported under this section. "Section 2504. NATIONAL PANEL. In General. The Secretary shall establish a national panel to review, evaluate, and identify rigorous kindergarten through grade 12 STEM curricula models, including computer or web-based simulation education programs and kinesthetic learning. And best practices with respect to STEM curricula. Members. The Secretary shall determine the membership of the national panel described in subsection (a), which shall be comprised of individuals who have the wisdom and experience to identify and recommend the most effective STEM curricula models, such as representatives of technology industries and business, teachers and school administrators, representatives of nonprofit organizations and community organizations, faculty members of institutions of higher education, research specialists and curricula specialists, at least 1 rural education expert. And other individuals, as determined appropriate by the Secretary. Reports. The panel shall prepare reports and recommendations regarding the panel's findings as requested by the Secretary. "Section 2505. AUTHORIZATION OF APPROPRIATIONS. "There is authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2011 and each of the 5 succeeding fiscal years.". Table of Contents. 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 2441 the following: "Part E STEM Education Planning and Training "Section 2501. Definitions. "Section 2502. Planning grants. "Section 2503. Training program grants. "Section 2504. National panel. "Section 2505. Authorization of appropriations.".

STEM Support for Teachers in Education and Mentoring (STEM) Act or STEM 2 Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive planning grants to states, Indian tribes or tribal organizations, nonprofit organizations, or institutions of higher education to develop effective state or tribal science, technology, engineering, and mathematics (STEM) networks that coordinate STEM education efforts by: (1) facilitating communication and collaboration among public and private STEM stakeholders, and (2) identifying STEM occupational skills needed in the future. Directs the Secretary to award competitive grants to states, Indian tribes or tribal organizations, local educational agencies, institutions of higher education, or nonprofit organizations to develop, implement, and evaluate STEM education training programs for teachers and administrators in elementary, middle, and secondary schools. Requires the Secretary to establish a national panel to identify and recommend the most effective STEM curricula models for kindergarten through grade 12.

A bill to assist in the coordination among science, technology, engineering, and mathematics efforts in the States, to strengthen the capacity of elementary schools, middle schools, and secondary schools to prepare students in science, technology, engineering, and mathematics, and for other purposes.

115_s2024

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foster Care Tax Credit Act''. SEC. 2. FOSTER CARE TAX CREDIT. (a) Allowance of Credit.-- (1) In general.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. FOSTER CARE TAX CREDIT. ``(a) Allowance of Credit.--With respect to each qualifying foster child of an eligible taxpayer, for each calendar month occurring during the taxable year that such child resides in the home of such taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to \1/12\ of the amount determined under subsection (b). ``(b) Amount Determined.-- ``(1) In general.--The amount determined under this subsection with respect to an eligible taxpayer and a taxable year is-- ``(A) $1,000, reduced by ``(B) $50 for each $1,000 (or fraction thereof) by which the eligible taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' has the meaning given such term by section 24(b)(2). ``(c) Qualifying Foster Child.--For purposes of this section, the term `qualifying foster child' means an eligible foster child (within the meaning of section 152(f)(1)(C)) of the eligible taxpayer-- ``(1) who has not attained age 17, ``(2) who is a citizen, national, or resident of the United States, ``(3) who resides in the home of the eligible taxpayer for not less than 1 calendar month during the taxable year, and ``(4) with respect to whom the credit under section 24 is not allowable to the eligible taxpayer or any other taxpayer who would be an eligible taxpayer but for paragraph (3) of subsection (d). ``(d) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any taxpayer, except that-- ``(1) no single household shall include more than 1 eligible taxpayer, ``(2) married individuals filing a joint return shall be treated as 1 eligible taxpayer, and ``(3) in the case of individuals not described in paragraph (2) who are members of the same household, only the taxpayer with the highest adjusted gross income for the taxable year shall be treated as an eligible taxpayer. ``(e) Calendar Month.--For purposes of this section, if a foster child resides in the home of the taxpayer for more than 15 consecutive days of a calendar month but fewer than the total number of days in such calendar month, such foster child shall be treated as residing in the home of the taxpayer for the full calendar month. ``(f) Portion of Credit Refundable.-- ``(1) In general.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under this section without regard to this subsection and the limitation under section 26(a) (determined after any reduction of the credit under section 24(a) by reason of section 24(d)), or ``(B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection, and after any reduction of the credit under section 24(a) by reason of section 24(d)) would increase if the limitation imposed by section 26(a) were increased by the greater of-- ``(i) 15 percent of so much of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year as exceeds $3,000, or ``(ii) in the case of a taxpayer with 3 or more qualifying foster children residing in the home of the taxpayer for all months in the taxable year (without regard to whether the same 3 children reside in the home of the taxpayer for all such months), the excess (if any) of-- ``(I) the taxpayer's social security taxes for the taxable year, over ``(II) the credit allowed under section 32 for the taxable year. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a). For purposes of subparagraph (B), any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year. ``(2) Social security taxes.--For purposes of paragraph (1), the term `social security taxes' has the same meaning as when used in section 24(d)(1). ``(g) Identification Requirements.-- ``(1) Qualifying child identification requirement.--No credit shall be allowed under this section to an eligible taxpayer with respect to any qualifying foster child unless the taxpayer includes the name and taxpayer identification number of such qualifying foster child on the return of tax for the taxable year and such taxpayer identification number was issued on or before the due date for filing such return. ``(2) Taxpayer identification requirement.--No credit shall be allowed under this section if the identifying number of the eligible taxpayer was issued after the due date for filing the return for the taxable year. ``(h) Restrictions on Taxpayers Who Improperly Claimed Credit in Prior Year.-- ``(1) Taxpayers making prior fraudulent or reckless claims.-- ``(A) In general.--No credit shall be allowed under this section for any taxable year in the disallowance period. ``(B) Disallowance period.--For purposes of subparagraph (A), the disallowance period is-- ``(i) the period of 10 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section was due to fraud, and ``(ii) the period of 2 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section was due to reckless or intentional disregard of rules and regulations (but not due to fraud). ``(2) Taxpayers making improper prior claims.--In the case of a taxpayer who is denied credit under this section for any taxable year as a result of the deficiency procedures under subchapter B of chapter 63, no credit shall be allowed under this section for any subsequent taxable year unless the taxpayer provides such information as the Secretary may require to demonstrate eligibility for such credit.''. (2) Conforming amendments.-- (A) Section 6211(b)(4) of the Internal Revenue Code of 1986 is amended by ``inserting 25E(f),'' before ``32,''. (B) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``25E,'' after ``25A,''. (C) The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Foster care tax credit.''. (b) Application of Tax Return Preparer Due Diligence Penalty.-- Section 6695(g) of the Internal Revenue Code of 1986 is amended by inserting ``25E,'' after ``25A(a)(1),''. (c) Effective Date.--The amendments made by this section shall apply to calendar months beginning after December 31, 2017, in taxable years beginning after such date. (d) Education.--The Secretary of Health and Human Services (or the Secretary's delegate), in coordination with the Secretary of the Treasury or such Secretary's delegate, shall identify provisions in the Internal Revenue Code of 1986 that can be used by or can benefit foster families, and shall increase outreach efforts to provide information and educational materials regarding such provisions to State and Indian tribal foster care agencies and to foster families.

Foster Care Tax Credit Act This bill amends the Internal Revenue Code to allow a partially refundable tax credit for each qualifying foster child who resides in the home of an eligible taxpayer for at least one calendar month during the taxable year. A quot, qualifying foster childquot. Is a child in foster care who: (1) has not attained age 17. (2) is a citizen, national, or resident of the United States. And (3) with respect to whom the child tax credit is not allowable. In order to claim the credit, the name and taxpayer identification number of a foster child must be included on the taxpayer's tax return. No credit is allowed if the identification number of either the taxpayer or the qualifying child was issued after the due date for filing the return for the taxable year. The bill denies the tax credit to certain taxpayers who have made prior fraudulent or reckless claims for the credit within specified disallowance periods. The Department of Health and Human Services must identify provisions in the Internal Revenue Code that can benefit foster families and increase outreach efforts to inform state and Indian tribal foster care agencies and foster families about such provisions.

Foster Care Tax Credit Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Foster Care Tax Credit Act". <SECTION-HEADER> FOSTER CARE TAX CREDIT. Allowance of Credit. In general. Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: "Section 25E. FOSTER CARE TAX CREDIT. Allowance of Credit. With respect to each qualifying foster child of an eligible taxpayer, for each calendar month occurring during the taxable year that such child resides in the home of such taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 112 of the amount determined under subsection (b). Amount Determined. In general. The amount determined under this subsection with respect to an eligible taxpayer and a taxable year is $1,000, reduced by $50 for each $1,000 by which the eligible taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. Threshold amount. For purposes of paragraph (1), the term `threshold amount' has the meaning given such term by section 24(b)(2). Qualifying Foster Child. For purposes of this section, the term `qualifying foster child' means an eligible foster child (within the meaning of section 152(f)(1)(C)) of the eligible taxpayer who has not attained age 17, who is a citizen, national, or resident of the United States, who resides in the home of the eligible taxpayer for not less than 1 calendar month during the taxable year, and with respect to whom the credit under section 24 is not allowable to the eligible taxpayer or any other taxpayer who would be an eligible taxpayer but for paragraph (3) of subsection (d). Eligible Taxpayer. For purposes of this section, the term `eligible taxpayer' means any taxpayer, except that no single household shall include more than 1 eligible taxpayer, married individuals filing a joint return shall be treated as 1 eligible taxpayer, and in the case of individuals not described in paragraph who are members of the same household, only the taxpayer with the highest adjusted gross income for the taxable year shall be treated as an eligible taxpayer. Calendar Month. For purposes of this section, if a foster child resides in the home of the taxpayer for more than 15 consecutive days of a calendar month but fewer than the total number of days in such calendar month, such foster child shall be treated as residing in the home of the taxpayer for the full calendar month. Portion of Credit Refundable. In general. The aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of the credit which would be allowed under this section without regard to this subsection and the limitation under section 26(a) (determined after any reduction of the credit under section 24(a) by reason of section 24(d)), or the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection, and after any reduction of the credit under section 24(a) by reason of section 24(d)) would increase if the limitation imposed by section 26(a) were increased by the greater of 15 percent of so much of the taxpayer's earned income which is taken into account in computing taxable income for the taxable year as exceeds $3,000, or in the case of a taxpayer with 3 or more qualifying foster children residing in the home of the taxpayer for all months in the taxable year , the excess of the taxpayer's social security taxes for the taxable year, over the credit allowed under section 32 for the taxable year. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a). For purposes of subparagraph (B), any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year. Social security taxes. For purposes of paragraph , the term `social security taxes' has the same meaning as when used in section 24(d)(1). Identification Requirements. Qualifying child identification requirement. No credit shall be allowed under this section to an eligible taxpayer with respect to any qualifying foster child unless the taxpayer includes the name and taxpayer identification number of such qualifying foster child on the return of tax for the taxable year and such taxpayer identification number was issued on or before the due date for filing such return. Taxpayer identification requirement. No credit shall be allowed under this section if the identifying number of the eligible taxpayer was issued after the due date for filing the return for the taxable year. Restrictions on Taxpayers Who Improperly Claimed Credit in Prior Year. Taxpayers making prior fraudulent or reckless claims. In general. No credit shall be allowed under this section for any taxable year in the disallowance period. Disallowance period. For purposes of subparagraph (A), the disallowance period is the period of 10 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section was due to fraud, and the period of 2 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section was due to reckless or intentional disregard of rules and regulations . Taxpayers making improper prior claims. In the case of a taxpayer who is denied credit under this section for any taxable year as a result of the deficiency procedures under subchapter B of chapter 63, no credit shall be allowed under this section for any subsequent taxable year unless the taxpayer provides such information as the Secretary may require to demonstrate eligibility for such credit.". Conforming amendments. Section 6211(b)(4) of the Internal Revenue Code of 1986 is amended by "inserting 25E(f)," before "32,". Section 1324(b)(2) of title 31, United States Code, is amended by inserting "25E," after "25A,". The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: "Section 25E. Foster care tax credit.". Application of Tax Return Preparer Due Diligence Penalty. Section 6695(g) of the Internal Revenue Code of 1986 is amended by inserting "25E," after "25A(a)(1),". Effective Date. The amendments made by this section shall apply to calendar months beginning after December 31, 2017, in taxable years beginning after such date. Education. The Secretary of Health and Human Services , in coordination with the Secretary of the Treasury or such Secretary's delegate, shall identify provisions in the Internal Revenue Code of 1986 that can be used by or can benefit foster families, and shall increase outreach efforts to provide information and educational materials regarding such provisions to State and Indian tribal foster care agencies and to foster families.

Foster Care Tax Credit Act This bill amends the Internal Revenue Code to allow a partially refundable tax credit for each qualifying foster child who resides in the home of an eligible taxpayer for at least one calendar month during the taxable year. A quot, qualifying foster childquot. Is a child in foster care who: (1) has not attained age 17. (2) is a citizen, national, or resident of the United States. And (3) with respect to whom the child tax credit is not allowable. In order to claim the credit, the name and taxpayer identification number of a foster child must be included on the taxpayer's tax return. No credit is allowed if the identification number of either the taxpayer or the qualifying child was issued after the due date for filing the return for the taxable year. The bill denies the tax credit to certain taxpayers who have made prior fraudulent or reckless claims for the credit within specified disallowance periods. The Department of Health and Human Services must identify provisions in the Internal Revenue Code that can benefit foster families and increase outreach efforts to inform state and Indian tribal foster care agencies and foster families about such provisions.

Foster Care Tax Credit Act

107_s1783

to provide for annexing the Hawaiian Islands to the United States of July 7, 1898 (30 Stat. 750), and which were later transferred to the State of Hawaii in the Act entitled ``An Act to provide for the admission of the State of Hawaii into the Union'' approved March 18, 1959 (Public Law 86-3; 73 Stat. 4). (4) Indigenous, native people.--The term ``indigenous, native people'' means the lineal descendants of the aboriginal, indigenous, native people of the United States. (5) Native hawaiian.-- (A) Prior to the recognition by the United States of the Native Hawaiian governing entity, the term ``Native Hawaiian'' means all Native Hawaiian people who were eligible in 1921 for the programs authorized by the Hawaiian Homes Commission Act (42 Stat. 108, chapter 42) and their lineal descendants. (B) Following the recognition by the United States of the Native Hawaiian governing entity, the term ``Native Hawaiian'' shall have the meaning given to such term in the organic governing documents of the Native Hawaiian governing entity. (6) Native hawaiian governing entity.--The term ``Native Hawaiian governing entity'' means the sole governing entity organized by the Native Hawaiian people through a process which involves the maximum participation of Native Hawaiians. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. UNITED STATES POLICY AND PURPOSE. (a) Policy.--The United States reaffirms that-- (1) Native Hawaiians are a unique and distinct, indigenous, native people, with whom the United States has a political and legal relationship; (2) the United States has a special responsibility to promote the welfare of Native Hawaiians; (3) Congress possesses the authority under the Constitution to enact legislation to address the conditions of Native Hawaiians and has exercised this authority through the enactment of-- (A) the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42); (B) the Act entitled ``An Act to provide for the admission of the State of Hawaii into the Union'', approved March 18, 1959 (Public Law 86-3; 73 Stat. 4); and (C) more than 150 other Federal laws addressing the conditions of Native Hawaiians; (4) Native Hawaiians have-- (A) an inherent right to autonomy in their internal affairs; (B) an inherent right of self-determination and self-governance; and (C) the right to reorganize a Native Hawaiian governing entity; and (5) the United States shall continue to engage in a process of reconciliation and political relations with the Native Hawaiian people. (b) Purpose.--It is the intent of Congress that the purpose of this Act is to provide a process for the recognition by the United States of a Native Hawaiian governing entity for purposes of continuing a government-to-government relationship. SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE HAWAIIAN RELATIONS. (a) In General.--There is established within the Office of the Secretary the United States Office for Native Hawaiian Relations. (b) Duties of the Office.--The United States Office for Native Hawaiian Relations shall-- (1) effectuate and coordinate the special political and legal relationship between the Native Hawaiian people and the United States, and upon the recognition of the Native Hawaiian governing entity by the United States, between the Native Hawaiian governing entity and the United States through the Secretary, and with all other Federal agencies; (2) continue the process of reconciliation with the Native Hawaiian people, and upon the recognition of the Native Hawaiian governing entity by the United States, continue the process of reconciliation with the Native Hawaiian governing entity; (3) fully integrate the principle and practice of meaningful, regular, and appropriate consultation with the Native Hawaiian governing entity by providing timely notice to, and consulting with the Native Hawaiian people and the Native Hawaiian governing entity prior to taking any actions that may have the potential to significantly affect Native Hawaiian resources, rights, or lands; (4) consult with other Federal agencies, and with relevant agencies of the State of Hawaii on policies, practices, and proposed actions affecting Native Hawaiian resources, rights, or lands; and (5) prepare and submit to the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives an annual report detailing the activities that are undertaken with respect to the continuing process of reconciliation and to effect meaningful consultation with the Native Hawaiian governing entity and providing recommendations for any necessary changes to existing Federal statutes or regulations promulgated under the authority of Federal law. SEC. 5. PROCESS FOR THE RECOGNITION OF THE NATIVE HAWAIIAN GOVERNING ENTITY. (a) Recognition of Right To Organize.--The right of the Native Hawaiian people to organize for their common welfare and to adopt appropriate organic governing documents is hereby recognized by the United States. (b) Process.-- (1) Submittal of organic governing documents.--Following the organization of the Native Hawaiian governing entity, the adoption of organic governing documents, and the election of officers of the Native Hawaiian governing entity, the duly elected officers of the Native Hawaiian governing entity shall submit the organic governing documents of the Native Hawaiian governing entity-- (A) to the Secretary; and (B) to the State of Hawaii for purposes of advising the State that the Native Hawaiian governing entity has been reorganized. (2) Certifications.-- (A) In general.--Within 120 days of the date that the duly elected officers of the Native Hawaiian governing entity submit the organic governing documents to the Secretary, the Secretary shall certify that the organic governing documents-- (i) establish the criteria for citizenship in the Native Hawaiian governing entity; (ii) were adopted through a process that provided for the maximum participation of Native Hawaiians; (iii) provide for the exercise of governmental authorities by the Native Hawaiian governing entity; (iv) provide for the Native Hawaiian governing entity to negotiate with Federal, State, and local governments, and other entities; (v) prevent the sale, disposition, lease, or encumbrance of lands, interests in lands, or other assets of the Native Hawaiian governing entity without the consent of the Native Hawaiian governing entity; (vi) provide for the protection of the civil rights of the citizens of the Native Hawaiian governing entity and all persons subject to the authority of the Native Hawaiian governing entity, and ensure that the Native Hawaiian governing entity exercises its authority consistent with the requirements of section 202 of the Act of April 11, 1968 (25 U.S.C. 1302); and (vii) are consistent with applicable Federal law and the special political and legal relationship between the United States and the indigenous native people of the United States. (B) By the secretary.--Within 120 days of the date that the duly elected officers of the Native Hawaiian governing entity submit the organic governing documents to the Secretary, the Secretary shall certify that the State of Hawaii supports the recognition of the Native Hawaiian governing entity by the United States as evidenced by a resolution or act of the Hawaii State legislature. (C) Resubmission in case of noncompliance with federal law.-- (i) Resubmission by the secretary.--If the Secretary determines that the organic governing documents, or any part thereof, are not consistent with applicable Federal law, the Secretary shall resubmit the organic governing documents to the duly elected officers of the Native Hawaiian governing entity along with a justification for each of the Secretary's findings as to why the provisions are not consistent with such law. (ii) Amendment and resubmission by the native hawaiian governing entity.--If the organic governing documents are resubmitted to the duly elected officers of the Native Hawaiian governing entity by the Secretary under clause (i), the duly elected officers of the Native Hawaiian governing entity shall-- (I) amend the organic governing documents to ensure that the documents comply with applicable Federal law; and (II) resubmit the amended organic governing documents to the Secretary for certification in accordance with the requirements of this paragraph. (D) Certifications deemed made.--The certifications authorized in subparagraph (B) shall be deemed to have been made if the Secretary has not acted within 180 days of the date that the duly elected officers of the Native Hawaiian governing entity have submitted or resubmitted the organic governing documents of the Native Hawaiian governing entity to the Secretary. (3) Federal recognition.--Notwithstanding any other provision of law, upon the election of the officers of the Native Hawaiian governing entity and the certifications by the Secretary required under paragraph (1), the United States hereby extends Federal recognition to the Native Hawaiian governing entity as the representative governing body of the Native Hawaiian people. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out the activities authorized in this Act. SEC. 7. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY; NEGOTIATIONS. (a) Reaffirmation.--The delegation by the United States of authority to the State of Hawaii to address the conditions of the indigenous, native people of Hawaii contained in the Act entitled ``An Act to provide for the admission of the State of Hawaii into the Union'' approved March 18, 1959 (Public Law 86-3; 73 Stat. 5) is hereby reaffirmed. (b) Negotiations.--Upon the Federal recognition of the Native Hawaiian governing entity by the United States, the United States is authorized to negotiate and enter into an agreement with the State of Hawaii and the Native Hawaiian governing entity regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use to the Native Hawaiian governing entity. Nothing in this Act is intended to serve as a settlement of any claims against the United States. SEC. 8. APPLICABILITY OF CERTAIN FEDERAL LAWS. (a) Indian Gaming Regulatory Act.--Nothing contained in this Act shall be construed as an authorization for the Native Hawaiian governing entity to conduct gaming activities under the authority of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). (b) Ineligibility for Indian Programs.--Nothing contained in this Act shall be construed as an authorization for eligibility to participate in any programs and services provided by the Bureau of Indian Affairs or the Indian Health Service for any persons not otherwise eligible for such programs or services. SEC. 9. ETHICS. The provisions of section 208(a) of title 18, United States Code, prohibiting involvement by a Federal Government officer or employee in particular matters where the officer or employee or his or her spouse or minor child has a financial interest shall not apply to Native Hawaiians employed by the United States Office for Native Hawaiian Relations if the financial interest that would be affected by the particular matter involved is that resulting solely from the interest of the officer or employee or his or her spouse or minor child that results from his or her status as a Native Hawaiian. SEC. 10. SEVERABILITY. In the event that any section or provision of this Act is held invalid, it is the intent of Congress that the remaining sections or provisions of this Act shall continue in full force and effect.

Establishes the US Office for Native Hawaiian Relations (Office) within the Office of the Secretary of the Interior. Recognizes the right of the Native Hawaiian people to adopt organic governing documents. Provides that following the organization and election of a Native Hawaiian government and the adoption of such documents, the duly elected Native Hawaiian government shall submit those documents to the Secretary and to the State of Hawaii for purposes of advising the State that such government has been reorganized. Extends Federal recognition to the Native Hawaiian government as the representative governing body of the Native Hawaiian people upon election of officers and certification by the Secretary. Permits the United States, upon Federal recognition of the Native Hawaiian government, to enter into an agreement with Hawaii and such government regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use.

A bill expressing the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity, and of other purposes.

To provide for annexing the Hawaiian Islands to the United States of July 7, 1898 , and which were later transferred to the State of Hawaii in the Act entitled "An Act to provide for the admission of the State of Hawaii into the Union" approved March 18, 1959 . Indigenous, native people. The term "indigenous, native people" means the lineal descendants of the aboriginal, indigenous, native people of the United States. Native hawaiian. Prior to the recognition by the United States of the Native Hawaiian governing entity, the term "Native Hawaiian" means all Native Hawaiian people who were eligible in 1921 for the programs authorized by the Hawaiian Homes Commission Act and their lineal descendants. Following the recognition by the United States of the Native Hawaiian governing entity, the term "Native Hawaiian" shall have the meaning given to such term in the organic governing documents of the Native Hawaiian governing entity. Native hawaiian governing entity. The term "Native Hawaiian governing entity" means the sole governing entity organized by the Native Hawaiian people through a process which involves the maximum participation of Native Hawaiians. Secretary. The term "Secretary" means the Secretary of the Interior. <SECTION-HEADER> UNITED STATES POLICY AND PURPOSE. Policy. The United States reaffirms that Native Hawaiians are a unique and distinct, indigenous, native people, with whom the United States has a political and legal relationship. The United States has a special responsibility to promote the welfare of Native Hawaiians. Congress possesses the authority under the Constitution to enact legislation to address the conditions of Native Hawaiians and has exercised this authority through the enactment of the Hawaiian Homes Commission Act, 1920. The Act entitled "An Act to provide for the admission of the State of Hawaii into the Union", approved March 18, 1959. And more than 150 other Federal laws addressing the conditions of Native Hawaiians. Native Hawaiians have an inherent right to autonomy in their internal affairs, an inherent right of self-determination and self-governance, and the right to reorganize a Native Hawaiian governing entity. And the United States shall continue to engage in a process of reconciliation and political relations with the Native Hawaiian people. Purpose. It is the intent of Congress that the purpose of this Act is to provide a process for the recognition by the United States of a Native Hawaiian governing entity for purposes of continuing a government-to-government relationship. <SECTION-HEADER> ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE HAWAIIAN RELATIONS. In General. There is established within the Office of the Secretary the United States Office for Native Hawaiian Relations. Duties of the Office. The United States Office for Native Hawaiian Relations shall effectuate and coordinate the special political and legal relationship between the Native Hawaiian people and the United States, and upon the recognition of the Native Hawaiian governing entity by the United States, between the Native Hawaiian governing entity and the United States through the Secretary, and with all other Federal agencies. Continue the process of reconciliation with the Native Hawaiian people, and upon the recognition of the Native Hawaiian governing entity by the United States, continue the process of reconciliation with the Native Hawaiian governing entity. Fully integrate the principle and practice of meaningful, regular, and appropriate consultation with the Native Hawaiian governing entity by providing timely notice to, and consulting with the Native Hawaiian people and the Native Hawaiian governing entity prior to taking any actions that may have the potential to significantly affect Native Hawaiian resources, rights, or lands. Consult with other Federal agencies, and with relevant agencies of the State of Hawaii on policies, practices, and proposed actions affecting Native Hawaiian resources, rights, or lands. And prepare and submit to the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives an annual report detailing the activities that are undertaken with respect to the continuing process of reconciliation and to effect meaningful consultation with the Native Hawaiian governing entity and providing recommendations for any necessary changes to existing Federal statutes or regulations promulgated under the authority of Federal law. <SECTION-HEADER> PROCESS FOR THE RECOGNITION OF THE NATIVE HAWAIIAN GOVERNING ENTITY. Recognition of Right To Organize. The right of the Native Hawaiian people to organize for their common welfare and to adopt appropriate organic governing documents is hereby recognized by the United States. Process. Submittal of organic governing documents. Following the organization of the Native Hawaiian governing entity, the adoption of organic governing documents, and the election of officers of the Native Hawaiian governing entity, the duly elected officers of the Native Hawaiian governing entity shall submit the organic governing documents of the Native Hawaiian governing entity to the Secretary. And to the State of Hawaii for purposes of advising the State that the Native Hawaiian governing entity has been reorganized. Certifications. In general. Within 120 days of the date that the duly elected officers of the Native Hawaiian governing entity submit the organic governing documents to the Secretary, the Secretary shall certify that the organic governing documents establish the criteria for citizenship in the Native Hawaiian governing entity. Were adopted through a process that provided for the maximum participation of Native Hawaiians. Provide for the exercise of governmental authorities by the Native Hawaiian governing entity. Provide for the Native Hawaiian governing entity to negotiate with Federal, State, and local governments, and other entities. Prevent the sale, disposition, lease, or encumbrance of lands, interests in lands, or other assets of the Native Hawaiian governing entity without the consent of the Native Hawaiian governing entity. Provide for the protection of the civil rights of the citizens of the Native Hawaiian governing entity and all persons subject to the authority of the Native Hawaiian governing entity, and ensure that the Native Hawaiian governing entity exercises its authority consistent with the requirements of section 202 of the Act of April 11, 1968. And are consistent with applicable Federal law and the special political and legal relationship between the United States and the indigenous native people of the United States. By the secretary. Within 120 days of the date that the duly elected officers of the Native Hawaiian governing entity submit the organic governing documents to the Secretary, the Secretary shall certify that the State of Hawaii supports the recognition of the Native Hawaiian governing entity by the United States as evidenced by a resolution or act of the Hawaii State legislature. Resubmission in case of noncompliance with federal law. Resubmission by the secretary. If the Secretary determines that the organic governing documents, or any part thereof, are not consistent with applicable Federal law, the Secretary shall resubmit the organic governing documents to the duly elected officers of the Native Hawaiian governing entity along with a justification for each of the Secretary's findings as to why the provisions are not consistent with such law. Amendment and resubmission by the native hawaiian governing entity. If the organic governing documents are resubmitted to the duly elected officers of the Native Hawaiian governing entity by the Secretary under clause (i), the duly elected officers of the Native Hawaiian governing entity shall amend the organic governing documents to ensure that the documents comply with applicable Federal law. And resubmit the amended organic governing documents to the Secretary for certification in accordance with the requirements of this paragraph. Certifications deemed made. The certifications authorized in subparagraph (B) shall be deemed to have been made if the Secretary has not acted within 180 days of the date that the duly elected officers of the Native Hawaiian governing entity have submitted or resubmitted the organic governing documents of the Native Hawaiian governing entity to the Secretary. Federal recognition. Notwithstanding any other provision of law, upon the election of the officers of the Native Hawaiian governing entity and the certifications by the Secretary required under paragraph (1), the United States hereby extends Federal recognition to the Native Hawaiian governing entity as the representative governing body of the Native Hawaiian people. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out the activities authorized in this Act. <SECTION-HEADER> REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY. NEGOTIATIONS. Reaffirmation. The delegation by the United States of authority to the State of Hawaii to address the conditions of the indigenous, native people of Hawaii contained in the Act entitled "An Act to provide for the admission of the State of Hawaii into the Union" approved March 18, 1959 is hereby reaffirmed. Negotiations. Upon the Federal recognition of the Native Hawaiian governing entity by the United States, the United States is authorized to negotiate and enter into an agreement with the State of Hawaii and the Native Hawaiian governing entity regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use to the Native Hawaiian governing entity. Nothing in this Act is intended to serve as a settlement of any claims against the United States. <SECTION-HEADER> APPLICABILITY OF CERTAIN FEDERAL LAWS. Indian Gaming Regulatory Act. Nothing contained in this Act shall be construed as an authorization for the Native Hawaiian governing entity to conduct gaming activities under the authority of the Indian Gaming Regulatory Act . Ineligibility for Indian Programs. Nothing contained in this Act shall be construed as an authorization for eligibility to participate in any programs and services provided by the Bureau of Indian Affairs or the Indian Health Service for any persons not otherwise eligible for such programs or services. <SECTION-HEADER> ETHICS. The provisions of section 208(a) of title 18, United States Code, prohibiting involvement by a Federal Government officer or employee in particular matters where the officer or employee or his or her spouse or minor child has a financial interest shall not apply to Native Hawaiians employed by the United States Office for Native Hawaiian Relations if the financial interest that would be affected by the particular matter involved is that resulting solely from the interest of the officer or employee or his or her spouse or minor child that results from his or her status as a Native Hawaiian. <SECTION-HEADER> SEVERABILITY. In the event that any section or provision of this Act is held invalid, it is the intent of Congress that the remaining sections or provisions of this Act shall continue in full force and effect.

Establishes the US Office for Native Hawaiian Relations (Office) within the Office of the Secretary of the Interior. Recognizes the right of the Native Hawaiian people to adopt organic governing documents. Provides that following the organization and election of a Native Hawaiian government and the adoption of such documents, the duly elected Native Hawaiian government shall submit those documents to the Secretary and to the State of Hawaii for purposes of advising the State that such government has been reorganized. Extends Federal recognition to the Native Hawaiian government as the representative governing body of the Native Hawaiian people upon election of officers and certification by the Secretary. Permits the United States, upon Federal recognition of the Native Hawaiian government, to enter into an agreement with Hawaii and such government regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use.

A bill expressing the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity, and of other purposes.

114_hr2952

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Employment Outcomes of TANF Recipients Act''. SEC. 2. IMPROVING ECONOMIC MOBILITY OF TANF RECIPIENTS. Section 403(a)(4) of the Social Security Act (42 U.S.C. 603(a)(4)) is amended to read as follows: ``(4) Improving economic mobility of tanf recipients.-- ``(A) Measuring state performance.-- ``(i) In general.--Each State, in consultation with the Secretary, shall collect and report information necessary to measure the level of performance of the State for each indicator described in clause (ii), for fiscal year 2018 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2018 to establish the baseline level of performance of each State for each such indicator. ``(ii) Indicators.--The indicators described in this clause, for a fiscal year, are the following: ``(I) The employment percentage for the fiscal year, which is equal to-- ``(aa) the number of families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) who, during a quarter in the fiscal year, exited from the program, and who, during the 2nd quarter after the exit, include an adult in unsubsidized employment; divided by ``(bb) the number of families who received assistance from the program in the exit quarter referred to in subclause (aa). ``(II) The retention percentage for the fiscal year, which is equal to-- ``(aa) the number of families receiving assistance from the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) who, during a quarter in the fiscal year, exited from the program, and who, during the 4th quarter after the exit, include an adult in unsubsidized employment; divided by ``(bb) the number of families who received assistance under the program in the exit quarter referred to in subclause (aa). ``(III) The advancement measure for the fiscal year, which is equal to the median earnings of the adults receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) who, during a quarter in the fiscal year, exited from the program, and who during the 2nd quarter after the exit, are in unsubsidized employment. ``(iii) Agreement on requisite performance level for each indicator.-- ``(I) Fiscal years 2019 and 2020.-- The State shall reach agreement with the Secretary on the requisite level of performance for each indicator described in clause (ii), for each of fiscal years 2019 and 2020. In establishing the requisite levels of performance, the State and the Secretary shall-- ``(aa) take into account how the levels involved compare with the levels established for other States; ``(bb) ensure the levels involved are adjusted, using the objective statistical model referred to in clause (v), based on-- ``(AA) the differences among States in actual economic conditions, including differences in unemployment rates and job losses or gains in particular industries; and ``(BB) the characteristics of participants on entry into the program, including indicators of prior work history, lack of educational or occupational skills attainment, or other factors that may affect employment and earnings; and ``(cc) take into account the extent to which the levels involved promote continuous improvement in performance by each State. ``(II) Fiscal year 2021.--The State shall reach agreement with the Secretary, before fiscal year 2021, on the requisite level of performance for each indicator described in clause (ii), for fiscal year 2021, which shall be established in accordance with subclause (I) of this clause. ``(iv) Revisions based on economic conditions and individuals receiving assistance during the fiscal year.--The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a fiscal year and a State to reflect the actual economic conditions and characteristics of participants during that fiscal year in the State. ``(v) Statistical adjustment model.--The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for actual economic conditions and characteristics of participants, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141). ``(B) Report on state performance.-- ``(i) In general.--Not later than October 1, 2017, the Secretary shall develop a template which each State shall use to report on outcomes achieved under the 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)). ``(ii) Contents.--Each such report shall include-- ``(I) the number of individuals who exited the program during the year, and their reasons for doing so, including a separate accounting of the number of work-eligible individuals (as so defined) who exited the program during the year and their reasons for doing so; ``(II) the characteristics of the individuals who exited the program during the year, including information on the length of time the individual received assistance under the program, the educational level of the individual, and the earnings of the individual in the 4 quarters preceding the exit; and ``(III) information specifying the levels of performance achieved on each indicator described in subparagraph (A)(ii). ``(iii) Publication.--Not later than September 30 of fiscal year 2020 and of each succeeding fiscal year, the Secretary shall make available electronically to the public each report submitted under this subparagraph during the fiscal year. ``(C) Regulations.--The Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations as may be necessary to provide for the measurement of State performance on the indicators described in this paragraph.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2016. Amend the title so as to read: ``A bill to increase the employment, job retention, and earnings of former TANF recipients.''.

Improving Employment Outcomes of TANF Recipients Act This bill amends part A (TANF) of title IV of the Social Security Act to replace the current program of bonus grants for high performing states with a program requiring each state to collect and report information necessary to measure the state's level of performance for FY2018 and each ensuing fiscal year for each employment percentage, retention percentage, and earnings advancement measure for adults in unsubsidized employment after exiting the TANF program (indicators). The Department of Health and Human Services (HHS) shall use the information collected for FY2018 to establish the baseline level of performance of each state for each indicator. The state shall reach agreement with HHS: (1) on the requisite level of performance for each indicator for FY2019-FY2020. And (2) before FY2021 on the requisite level of performance for each indicator for that fiscal year. HHS shall revise the requisite levels of performance for a fiscal year and a state to reflect the actual economic conditions and characteristics of participants. HHS shall use an objective statistical model to make such performance level adjustments, and shall consult with the Department of Labor to develop a statistical adjustment model similar to one described in the Workforce Innovation and Opportunity Act. HHS shall also develop a template which each state shall use to report on outcomes achieved under the new program or any other state program funded with qualified state expenditures.

Improving Employment Outcomes of TANF Recipients Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Improving Employment Outcomes of TANF Recipients Act". <SECTION-HEADER> IMPROVING ECONOMIC MOBILITY OF TANF RECIPIENTS. Section 403(a)(4) of the Social Security Act (42 USC. 603(a)(4)) is amended to read as follows: Improving economic mobility of tanf recipients. Measuring state performance. In general. Each State, in consultation with the Secretary, shall collect and report information necessary to measure the level of performance of the State for each indicator described in clause (ii), for fiscal year 2018 and each fiscal year thereafter, and the Secretary shall use the information collected for fiscal year 2018 to establish the baseline level of performance of each State for each such indicator. Indicators. The indicators described in this clause, for a fiscal year, are the following: The employment percentage for the fiscal year, which is equal to the number of families receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) who, during a quarter in the fiscal year, exited from the program, and who, during the 2nd quarter after the exit, include an adult in unsubsidized employment. Divided by the number of families who received assistance from the program in the exit quarter referred to in subclause (aa). The retention percentage for the fiscal year, which is equal to the number of families receiving assistance from the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) who, during a quarter in the fiscal year, exited from the program, and who, during the 4th quarter after the exit, include an adult in unsubsidized employment. Divided by the number of families who received assistance under the program in the exit quarter referred to in subclause (aa). The advancement measure for the fiscal year, which is equal to the median earnings of the adults receiving assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(ii)) who, during a quarter in the fiscal year, exited from the program, and who during the 2nd quarter after the exit, are in unsubsidized employment. Agreement on requisite performance level for each indicator. Fiscal years 2019 and 2020. The State shall reach agreement with the Secretary on the requisite level of performance for each indicator described in clause (ii), for each of fiscal years 2019 and 2020. In establishing the requisite levels of performance, the State and the Secretary shall take into account how the levels involved compare with the levels established for other States. Ensure the levels involved are adjusted, using the objective statistical model referred to in clause (v), based on the differences among States in actual economic conditions, including differences in unemployment rates and job losses or gains in particular industries. And the characteristics of participants on entry into the program, including indicators of prior work history, lack of educational or occupational skills attainment, or other factors that may affect employment and earnings. And take into account the extent to which the levels involved promote continuous improvement in performance by each State. Fiscal year 2021. The State shall reach agreement with the Secretary, before fiscal year 2021, on the requisite level of performance for each indicator described in clause , for fiscal year 2021, which shall be established in accordance with subclause (I) of this clause. Revisions based on economic conditions and individuals receiving assistance during the fiscal year. The Secretary shall, in accordance with the objective statistical model referred to in clause (v), revise the requisite levels of performance for a fiscal year and a State to reflect the actual economic conditions and characteristics of participants during that fiscal year in the State. Statistical adjustment model. The Secretary shall use an objective statistical model to make adjustments to the requisite levels of performance for actual economic conditions and characteristics of participants, and shall consult with the Secretary of Labor to develop a model that is the same as or similar to the model described in section 116(b)(3)(viii) of the Workforce Innovation and Opportunity Act . Report on state performance. In general. Not later than October 1, 2017, the Secretary shall develop a template which each State shall use to report on outcomes achieved under the 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)). Contents. Each such report shall include the number of individuals who exited the program during the year, and their reasons for doing so, including a separate accounting of the number of work-eligible individuals who exited the program during the year and their reasons for doing so. The characteristics of the individuals who exited the program during the year, including information on the length of time the individual received assistance under the program, the educational level of the individual, and the earnings of the individual in the 4 quarters preceding the exit. And information specifying the levels of performance achieved on each indicator described in subparagraph (ii). Publication. Not later than September 30 of fiscal year 2020 and of each succeeding fiscal year, the Secretary shall make available electronically to the public each report submitted under this subparagraph during the fiscal year. Regulations. The Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations as may be necessary to provide for the measurement of State performance on the indicators described in this paragraph.". <SECTION-HEADER> EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2016. Amend the title so as to read: "A bill to increase the employment, job retention, and earnings of former TANF recipients.".

Improving Employment Outcomes of TANF Recipients Act This bill amends part A (TANF) of title IV of the Social Security Act to replace the current program of bonus grants for high performing states with a program requiring each state to collect and report information necessary to measure the state's level of performance for FY2018 and each ensuing fiscal year for each employment percentage, retention percentage, and earnings advancement measure for adults in unsubsidized employment after exiting the TANF program (indicators). The Department of Health and Human Services (HHS) shall use the information collected for FY2018 to establish the baseline level of performance of each state for each indicator. The state shall reach agreement with HHS: (1) on the requisite level of performance for each indicator for FY2019-FY2020. And (2) before FY2021 on the requisite level of performance for each indicator for that fiscal year. HHS shall revise the requisite levels of performance for a fiscal year and a state to reflect the actual economic conditions and characteristics of participants. HHS shall use an objective statistical model to make such performance level adjustments, and shall consult with the Department of Labor to develop a statistical adjustment model similar to one described in the Workforce Innovation and Opportunity Act. HHS shall also develop a template which each state shall use to report on outcomes achieved under the new program or any other state program funded with qualified state expenditures.

Improving Employment Outcomes of TANF Recipients Act

111_s2784

SECTION 1. PERMANENT EXTENSION OF ESTATE TAX AS IN EFFECT IN 2009. (a) Restoration of Unified Credit Against Gift Tax.--Paragraph (1) of section 2505(a) (relating to general rule for unified credit against gift tax), after the application of subsection (f), is amended by striking ``(determined as if the applicable exclusion amount were $1,000,000)''. (b) Exclusion Equivalent of Unified Credit Equal to $3,500,000.-- Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to unified credit against estate tax) is amended to read as follows: ``(c) Applicable Credit Amount.-- ``(1) In general.--For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under section 2001(c) if the amount with respect to which such tentative tax is to be computed were equal to the applicable exclusion amount. ``(2) Applicable exclusion amount.-- ``(A) In general.--For purposes of this subsection, the applicable exclusion amount is $3,500,000. ``(B) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2010, the dollar amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (c) Maximum Estate Tax Rate Equal to 45 Percent.-- (1) In general.--Subsection (c) of section 2001 of the Internal Revenue Code of 1986 (relating to imposition and rate of tax) is amended-- (A) by striking ``but not over $2,000,000'' in the table contained in paragraph (1), (B) by striking the last 2 items in such table, (C) by striking ``(1) in general.--'', and (D) by striking paragraph (2). (2) Conforming amendment.--Paragraphs (1) and (2) of section 2102(b) of such Code are amended to read as follows: ``(1) In general.--A credit in an amount that would be determined under section 2010 as the applicable credit amount if the applicable exclusion amount were $60,000 shall be allowed against the tax imposed by section 2101. ``(2) Residents of possessions of the united states.--In the case of a decedent who is considered to be a `nonresident not a citizen of the United States' under section 2209, the credit allowed under this subsection shall not be less than the proportion of the amount that would be determined under section 2010 as the applicable credit amount if the applicable exclusion amount were $175,000 which the value of that part of the decedent's gross estate which at the time of the decedent's death is situated in the United States bears to the value of the decedent's entire gross estate, wherever situated.''. (d) Modifications of Estate and Gift Taxes To Reflect Differences in Unified Credit Resulting From Different Tax Rates.-- (1) Estate tax.-- (A) In general.--Section 2001(b)(2) of the Internal Revenue Code of 1986 (relating to computation of tax) is amended by striking ``if the provisions of subsection (c) (as in effect at the decedent's death)'' and inserting ``if the modifications described in subsection (g)''. (B) Modifications.--Section 2001 of such Code is amended by adding at the end the following new subsection: ``(g) Modifications to Gift Tax Payable To Reflect Different Tax Rates.--For purposes of applying subsection (b)(2) with respect to 1 or more gifts, the rates of tax under subsection (c) in effect at the decedent's death shall, in lieu of the rates of tax in effect at the time of such gifts, be used both to compute-- ``(1) the tax imposed by chapter 12 with respect to such gifts, and ``(2) the credit allowed against such tax under section 2505, including in computing-- ``(A) the applicable credit amount under section 2505(a)(1), and ``(B) the sum of the amounts allowed as a credit for all preceding periods under section 2505(a)(2). For purposes of paragraph (2)(A), the applicable credit amount for any calendar year before 1998 is the amount which would be determined under section 2010(c) if the applicable exclusion amount were the dollar amount under section 6018(a)(1) for such year.''. (2) Gift tax.--Section 2505(a) of such Code (relating to unified credit against gift tax) is amended by adding at the end the following new flush sentence: ``For purposes of applying paragraph (2) for any calendar year, the rates of tax in effect under section 2502(a)(2) for such calendar year shall, in lieu of the rates of tax in effect for preceding calendar periods, be used in determining the amounts allowable as a credit under this section for all preceding calendar periods.''. (e) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009. (f) Additional Modifications to Estate Tax.-- (1) In general.--The following provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such provisions, are hereby repealed: (A) Subtitles A and E of title V. (B) Subsection (d), and so much of subsection (f)(3) as relates to subsection (d), of section 511. (C) Paragraph (2) of subsection (b), and paragraph (2) of subsection (e), of section 521. The Internal Revenue Code of 1986 shall be applied as if such provisions and amendments had never been enacted. (2) Sunset not to apply.-- (A) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``this Act'' and all that follows and inserting ``this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.''. (B) Subsection (b) of such section 901 is amended by striking ``, estates, gifts, and transfers''. (3) Repeal of deadwood.-- (A) Sections 2011, 2057, and 2604 of the Internal Revenue Code of 1986 are hereby repealed. (B) The table of sections for part II of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2011. (C) The table of sections for part IV of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2057. (D) The table of sections for subchapter A of chapter 13 of such Code is amended by striking the item relating to section 2604. SEC. 2. UNIFIED CREDIT INCREASED BY UNUSED UNIFIED CREDIT OF DECEASED SPOUSE. (a) In General.--Section 2010(c) of the Internal Revenue Code of 1986, as amended by section 1(b), is amended by striking paragraph (2) and inserting the following new paragraphs: ``(2) Applicable exclusion amount.--For purposes of this subsection, the applicable exclusion amount is the sum of-- ``(A) the basic exclusion amount, and ``(B) in the case of a surviving spouse, the aggregate deceased spousal unused exclusion amount. ``(3) Basic exclusion amount.-- ``(A) In general.--For purposes of this subsection, the basic exclusion amount is $3,500,000. ``(B) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2010, the dollar amount in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. ``(4) Aggregate deceased spousal unused exclusion amount.-- For purposes of this subsection, the term `aggregate deceased spousal unused exclusion amount' means the lesser of-- ``(A) the basic exclusion amount, or ``(B) the sum of the deceased spousal unused exclusion amounts computed with respect to each deceased spouse of the surviving spouse. ``(5) Deceased spousal unused exclusion amount.--For purposes of this subsection, the term `deceased spousal unused exclusion amount' means, with respect to the surviving spouse of any deceased spouse dying after December 31, 2009, the excess (if any) of-- ``(A) the basic exclusion amount of the deceased spouse, over ``(B) the amount with respect to which the tentative tax is determined under section 2001(b)(1) on the estate of such deceased spouse. ``(6) Special rules.-- ``(A) Election required.--A deceased spousal unused exclusion amount may not be taken into account by a surviving spouse under paragraph (5) unless the executor of the estate of the deceased spouse files an estate tax return on which such amount is computed and makes an election on such return that such amount may be so taken into account. Such election, once made, shall be irrevocable. No election may be made under this subparagraph if such return is filed after the time prescribed by law (including extensions) for filing such return. ``(B) Examination of prior returns after expiration of period of limitations with respect to deceased spousal unused exclusion amount.--Notwithstanding any period of limitation in section 6501, after the time has expired under section 6501 within which a tax may be assessed under chapter 11 or 12 with respect to a deceased spousal unused exclusion amount, the Secretary may examine a return of the deceased spouse to make determinations with respect to such amount for purposes of carrying out this subsection. ``(7) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this subsection.''. (b) Conforming Amendments.-- (1) Paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986, as amended by section 1(a), is amended to read as follows: ``(1) the applicable credit amount in effect under section 2010(c) which would apply if the donor died as of the end of the calendar year, reduced by''. (2) Section 2631(c) of such Code is amended by striking ``the applicable exclusion amount'' and inserting ``the basic exclusion amount''. (3) Section 6018(a)(1) of such Code is amended by striking ``applicable exclusion amount'' and inserting ``basic exclusion amount''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009. SEC. 3. SENSE OF THE SENATE REGARDING REVENUE NEUTRALITY. It is the sense of the Senate that any reduction in Federal revenues resulting from the provisions of, and amendments made by, this Act should be fully offset.

Amends the Internal Revenue Code to: (1) establish a permanent estate tax exclusion of $3.5 million and a maximum 45 tax rate for decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009. (2) allow an annual inflation adjustment to the exclusion amount after 2010. And (3) allow a surviving spouse an increase in the estate tax exclusion by the unused exclusion amount of a deceased spouse. Expresses the sense of the Senate that any reduction in federal revenues resulting from this Act should be fully offset.

A bill to amend the Internal Revenue Code of 1986 to permanently extend the estate tax as in effect in 2009, and for other purposes.

<SECTION-HEADER> PERMANENT EXTENSION OF ESTATE TAX AS IN EFFECT IN 2009. Restoration of Unified Credit Against Gift Tax. Paragraph (1) of section 2505(a) , after the application of subsection (f), is amended by striking "". Exclusion Equivalent of Unified Credit Equal to $3,500,000. Subsection (c) of section 2010 of the Internal Revenue Code of 1986 is amended to read as follows: Applicable Credit Amount. In general. For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under section 2001(c) if the amount with respect to which such tentative tax is to be computed were equal to the applicable exclusion amount. Applicable exclusion amount. In general. For purposes of this subsection, the applicable exclusion amount is $3,500,000. Inflation adjustment. In the case of any decedent dying in a calendar year after 2010, the dollar amount in subparagraph (A) shall be increased by an amount equal to such dollar amount, multiplied by the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2009' for `calendar year 1992' in subparagraph thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.". Maximum Estate Tax Rate Equal to 45 Percent. In general. Subsection (c) of section 2001 of the Internal Revenue Code of 1986 is amended by striking "but not over $2,000,000" in the table contained in paragraph (1), by striking the last 2 items in such table, by striking "(1) in general. ", and by striking paragraph (2). Conforming amendment. Paragraphs (1) and (2) of section 2102(b) of such Code are amended to read as follows: In general. A credit in an amount that would be determined under section 2010 as the applicable credit amount if the applicable exclusion amount were $60,000 shall be allowed against the tax imposed by section 2101. Residents of possessions of the united states. In the case of a decedent who is considered to be a `nonresident not a citizen of the United States' under section 2209, the credit allowed under this subsection shall not be less than the proportion of the amount that would be determined under section 2010 as the applicable credit amount if the applicable exclusion amount were $175,000 which the value of that part of the decedent's gross estate which at the time of the decedent's death is situated in the United States bears to the value of the decedent's entire gross estate, wherever situated.". Modifications of Estate and Gift Taxes To Reflect Differences in Unified Credit Resulting From Different Tax Rates. Estate tax. In general. Section 2001(b)(2) of the Internal Revenue Code of 1986 is amended by striking "if the provisions of subsection (c) " and inserting "if the modifications described in subsection (g)". Modifications. Section 2001 of such Code is amended by adding at the end the following new subsection: Modifications to Gift Tax Payable To Reflect Different Tax Rates. For purposes of applying subsection (b)(2) with respect to 1 or more gifts, the rates of tax under subsection (c) in effect at the decedent's death shall, in lieu of the rates of tax in effect at the time of such gifts, be used both to compute the tax imposed by chapter 12 with respect to such gifts, and the credit allowed against such tax under section 2505, including in computing the applicable credit amount under section 2505(a)(1), and the sum of the amounts allowed as a credit for all preceding periods under section 2505(a)(2). For purposes of paragraph (2)(A), the applicable credit amount for any calendar year before 1998 is the amount which would be determined under section 2010(c) if the applicable exclusion amount were the dollar amount under section 6018(a)(1) for such year.". Gift tax. Section 2505(a) of such Code is amended by adding at the end the following new flush sentence: "For purposes of applying paragraph (2) for any calendar year, the rates of tax in effect under section 2502(a)(2) for such calendar year shall, in lieu of the rates of tax in effect for preceding calendar periods, be used in determining the amounts allowable as a credit under this section for all preceding calendar periods.". Effective Date. The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009. Additional Modifications to Estate Tax. In general. The following provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such provisions, are hereby repealed: Subtitles A and E of title V. Subsection (d), and so much of subsection (3) as relates to subsection (d), of section 511. Paragraph (2) of subsection (b), and paragraph of subsection (e), of section 521. The Internal Revenue Code of 1986 shall be applied as if such provisions and amendments had never been enacted. Sunset not to apply. Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking "this Act" and all that follows and inserting "this Act shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.". Subsection (b) of such section 901 is amended by striking ", estates, gifts, and transfers". Repeal of deadwood. Sections 2011, 2057, and 2604 of the Internal Revenue Code of 1986 are hereby repealed. The table of sections for part II of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2011. The table of sections for part IV of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2057. The table of sections for subchapter A of chapter 13 of such Code is amended by striking the item relating to section 2604. <SECTION-HEADER> UNIFIED CREDIT INCREASED BY UNUSED UNIFIED CREDIT OF DECEASED SPOUSE. In General. Section 2010(c) of the Internal Revenue Code of 1986, as amended by section 1(b), is amended by striking paragraph (2) and inserting the following new paragraphs: Applicable exclusion amount. For purposes of this subsection, the applicable exclusion amount is the sum of the basic exclusion amount, and in the case of a surviving spouse, the aggregate deceased spousal unused exclusion amount. Basic exclusion amount. In general. For purposes of this subsection, the basic exclusion amount is $3,500,000. Inflation adjustment. In the case of any decedent dying in a calendar year after 2010, the dollar amount in subparagraph (A) shall be increased by an amount equal to such dollar amount, multiplied by the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2009' for `calendar year 1992' in subparagraph thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. Aggregate deceased spousal unused exclusion amount. For purposes of this subsection, the term `aggregate deceased spousal unused exclusion amount' means the lesser of the basic exclusion amount, or the sum of the deceased spousal unused exclusion amounts computed with respect to each deceased spouse of the surviving spouse. Deceased spousal unused exclusion amount. For purposes of this subsection, the term `deceased spousal unused exclusion amount' means, with respect to the surviving spouse of any deceased spouse dying after December 31, 2009, the excess of the basic exclusion amount of the deceased spouse, over the amount with respect to which the tentative tax is determined under section 2001(b)(1) on the estate of such deceased spouse. Special rules. Election required. A deceased spousal unused exclusion amount may not be taken into account by a surviving spouse under paragraph (5) unless the executor of the estate of the deceased spouse files an estate tax return on which such amount is computed and makes an election on such return that such amount may be so taken into account. Such election, once made, shall be irrevocable. No election may be made under this subparagraph if such return is filed after the time prescribed by law for filing such return. Examination of prior returns after expiration of period of limitations with respect to deceased spousal unused exclusion amount. Notwithstanding any period of limitation in section 6501, after the time has expired under section 6501 within which a tax may be assessed under chapter 11 or 12 with respect to a deceased spousal unused exclusion amount, the Secretary may examine a return of the deceased spouse to make determinations with respect to such amount for purposes of carrying out this subsection. Regulations. The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this subsection.". Conforming Amendments. Paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986, as amended by section 1(a), is amended to read as follows: the applicable credit amount in effect under section 2010(c) which would apply if the donor died as of the end of the calendar year, reduced by". Section 2631(c) of such Code is amended by striking "the applicable exclusion amount" and inserting "the basic exclusion amount". Section 6018(a)(1) of such Code is amended by striking "applicable exclusion amount" and inserting "basic exclusion amount". Effective Date. The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009. <SECTION-HEADER> SENSE OF THE SENATE REGARDING REVENUE NEUTRALITY. It is the sense of the Senate that any reduction in Federal revenues resulting from the provisions of, and amendments made by, this Act should be fully offset.

Amends the Internal Revenue Code to: (1) establish a permanent estate tax exclusion of $3.5 million and a maximum 45 tax rate for decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009. (2) allow an annual inflation adjustment to the exclusion amount after 2010. And (3) allow a surviving spouse an increase in the estate tax exclusion by the unused exclusion amount of a deceased spouse. Expresses the sense of the Senate that any reduction in federal revenues resulting from this Act should be fully offset.

A bill to amend the Internal Revenue Code of 1986 to permanently extend the estate tax as in effect in 2009, and for other purposes.

107_hr3312

SECTION 1. SHORT TITLE. This Act may be cited as the ``RAFT (Restore Access to Foreign Trade) Act''. SEC. 2. ELIMINATION OF FOREIGN BASE COMPANY SHIPPING INCOME AS FOREIGN BASE COMPANY INCOME. (a) Elimination of Foreign Base Company Shipping Income.--Section 954 of the Internal Revenue Code of 1986 (relating to foreign base company income) is amended-- (1) by striking paragraph (4) of subsection (a) (relating to foreign base company shipping income), and (2) by striking subsection (f) (relating to foreign base company shipping income). (b) Conforming Amendments.-- (1) Subparagraph (D) of section 904(d)(2) of such Code (relating to the definition of shipping income for purposes of the foreign tax credit) is amended to read as follows: ``(D) Shipping income.-- ``(i) In general.--The term `shipping income' means income derived from, or in connection with, the use (or hiring or leasing for use) of any aircraft or vessel in foreign commerce, or from, or in connection with, the performance of services directly related to the use of any such aircraft, or vessel, or from the sale, exchange, or other disposition of any such aircraft or vessel. ``(ii) Special rules.-- ``(I) Such term includes dividends and interest received from a foreign corporation in respect of which taxes are deemed paid under section 902 (other than dividends from a noncontrolled section 902 corporation out of earnings and profits accumulated in taxable years beginning before January 1, 2003) and gain from the sale, exchange, or other disposition of stock or obligations of such a foreign corporation to the extent that such dividends, interest, and gains are attributable to shipping income. ``(II) Such term includes that portion of the distributive share of the income of a partnership attributable to shipping income. ``(III) Such term includes any income derived from a space or ocean activity (as defined in section 863(d)(2)). ``(IV) Such term does not include, except as provided in subclause (I), any dividend or interest income which is foreign personal holding company income as defined in section 954(c). ``(V) Such term does not include financial services income.''. (2) Section 952(c)(1)(B)(iii) of such Code is amended by striking subclause (I) and redesignating subclauses (II) through (VI) as subclauses (I) through (V), respectively. (3) Section 953 of such Code is amended-- (A) by striking ``954(i)'' and inserting ``954(h)'' in subsections (b)(3) and (e) each place it appears, and (B) by striking ``954(h)(7)'' and inserting ``954(g)(7)'' in subsection (e)(7)(A). (4) Section 954 of such Code is amended-- (A) in subsection (a) by inserting ``and'' at the end of paragraph (3) and redesignating paragraph (5) as paragraph (4), (B) in subsection (b)-- (i) by striking ``the foreign base shipping income,'' in paragraph (5), (ii) by striking paragraphs (6) and (7), and (iii) by redesignating paragraph (8) as paragraph (6), and (C) by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2001, and to taxable years of United States shareholders (within the meaning of section 951(b) of the Internal Revenue Code of 1986) within which or with which such taxable years of such foreign corporations end.

RAFT Act - Amends the Internal Revenue Code to eliminate foreign base company shipping income from inclusion as foreign base company income. Revises the definition of shipping income with respect to the application of the foreign tax credit.

To amend the Internal Revenue Code of 1986 to eliminate foreign base company shipping income from foreign base company income.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "RAFT Act". <SECTION-HEADER> ELIMINATION OF FOREIGN BASE COMPANY SHIPPING INCOME AS FOREIGN BASE COMPANY INCOME. Elimination of Foreign Base Company Shipping Income. Section 954 of the Internal Revenue Code of 1986 is amended by striking paragraph (4) of subsection (a) , and by striking subsection (f) . Conforming Amendments. Subparagraph (D) of section 904(d)(2) of such Code is amended to read as follows: Shipping income. In general. The term `shipping income' means income derived from, or in connection with, the use of any aircraft or vessel in foreign commerce, or from, or in connection with, the performance of services directly related to the use of any such aircraft, or vessel, or from the sale, exchange, or other disposition of any such aircraft or vessel. Special rules. Such term includes dividends and interest received from a foreign corporation in respect of which taxes are deemed paid under section 902 and gain from the sale, exchange, or other disposition of stock or obligations of such a foreign corporation to the extent that such dividends, interest, and gains are attributable to shipping income. Such term includes that portion of the distributive share of the income of a partnership attributable to shipping income. Such term includes any income derived from a space or ocean activity (as defined in section 863(d)(2)). Such term does not include, except as provided in subclause (I), any dividend or interest income which is foreign personal holding company income as defined in section 954(c). Such term does not include financial services income.". Section 952(c)(1)(B)(iii) of such Code is amended by striking subclause (I) and redesignating subclauses (II) through (VI) as subclauses (I) through (V), respectively. Section 953 of such Code is amended by striking "954(i)" and inserting "954(h)" in subsections (b)(3) and (e) each place it appears, and by striking "954(h)(7)" and inserting "954(g)(7)" in subsection (e)(7)(A). Section 954 of such Code is amended in subsection (a) by inserting "and" at the end of paragraph (3) and redesignating paragraph (5) as paragraph (4), in subsection (b) by striking "the foreign base shipping income," in paragraph (5), by striking paragraphs (6) and (7), and by redesignating paragraph (8) as paragraph (6), and by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively. Effective Date. The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2001, and to taxable years of United States shareholders (within the meaning of section 951 within which or with which such taxable years of such foreign corporations end.

RAFT Act - Amends the Internal Revenue Code to eliminate foreign base company shipping income from inclusion as foreign base company income. Revises the definition of shipping income with respect to the application of the foreign tax credit.

To amend the Internal Revenue Code of 1986 to eliminate foreign base company shipping income from foreign base company income.

113_s2436

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empower Employees Act of 2014''. SEC. 2. LABOR ORGANIZATION DUES NOT DEDUCTIBLE FROM PAY. (a) Agencies Generally.-- (1) In general.--Chapter 71 of title 5, United States Code, is amended by striking section 7115 and inserting the following: ``Sec. 7115. Labor organization dues not deductible from pay ``(a) In General.--An agency may not deduct any amount from the pay of an employee for the dues of a labor organization. ``(b) Restriction.--Appropriated funds may not be used to pay an employee who makes deductions described in subsection (a). ``(c) Definition.--For purposes of this section, the term `agency' means-- ``(1) an Executive agency (as defined in section 105), the United States Postal Service, and the Postal Regulatory Commission; ``(2) an office, agency, or other establishment in the legislative branch; ``(3) an office, agency, or other establishment in the judicial branch; and ``(4) the government of the District of Columbia.''. (2) Clerical amendment.--The table of sections for chapter 71 of title 5, United States Code, is amended by striking the item relating to section 7115 and inserting the following: ``7115. Labor organization dues not deductible from pay.''. (b) Postal Service Amendment.-- (1) In general.--Section 1205 of title 39, United States Code, is repealed. (2) Clerical amendment.--The table of sections for chapter 12 of title 39, United States Code, is amended by striking the item relating to section 1205. SEC. 3. EFFECTIVE DATES; TRANSITION PROVISIONS. (a) Effective Date.--The amendments made by this Act shall take effect on the date of enactment of this Act. (b) Transition Provisions.-- (1) Current deductions for dues of an exclusive representative.--Nothing in this Act shall, in the case of an assignment received before the date of enactment of this Act under subsection (a) of section 7115 of title 5, United States Code (as then in effect), cause the termination of such assignment before-- (A) the date on which such assignment is revoked, in accordance with the last sentence of such subsection (a) (as last in effect before such date of enactment); or (B) if earlier, the date determined under paragraph (1) or (2) of subsection (b) of such section 7115 (as last in effect before such date of enactment). (2) Current deductions for dues of other labor organizations.--Nothing in this Act shall, in the case of a voluntary allotment made before the date of enactment of this Act under subsection (c) of section 7115 of title 5, United States Code (as then in effect), cause the termination of such allotment before the date on which the underlying agreement (under authority of which such allotment is being made) ceases to have effect, whether by reason of section 7115(c)(2)(B) of such title 5 (as last in effect before such date of enactment) or otherwise. (3) Current deductions for dues of a labor organization from postal service employees.--Nothing in this Act shall, in the case of a written assignment received before the date of enactment of this Act under section 1205 of title 39, United States Code (as then in effect), cause the termination of such assignment before the date on which such assignment-- (A) is revoked in accordance with such section (as last in effect before such date of enactment); or (B) otherwise expires. (c) Nonrenewability.-- (1) In general.--An agreement between an agency and a labor organization, entered into before the date of enactment of this Act under subsection (a) or (c) of section 7115 of such title 5 (as then in effect), shall not, to the extent that it relates to deductions for the payment of dues of such labor organization, be subject to renewal or extension. (2) Postal service.--A written assignment received by the United States Postal Service under section 1205 of title 39, United States Code (as then in effect) or an agreement between the United States Postal Service and any organization of employees in effect pursuant to 1205(b) of such title (as then in effect), shall not, to the extent that it relates to deductions for the payment of dues of such organization, be subject to renewal or extension. (d) Definitions.--For purposes of this section, the terms ``agency'', ``exclusive representative'', and ``labor organization'' have the meanings given such terms in section 7103 of title 5, United States Code.

Empower Employees Act of 2014 - Prohibits federal agencies, including executive, legislative, and judicial agencies, the United States Postal Service (USPO), the Postal Regulatory Commission (PRC), and the government of the District of Columbia, from deducting labor organization fees from the salaries of their employees.

Empower Employees Act of 2014

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Empower Employees Act of 2014". <SECTION-HEADER> LABOR ORGANIZATION DUES NOT DEDUCTIBLE FROM PAY. Agencies Generally. In general. Chapter 71 of title 5, United States Code, is amended by striking section 7115 and inserting the following: "Section 7115. Labor organization dues not deductible from pay In General. An agency may not deduct any amount from the pay of an employee for the dues of a labor organization. Restriction. Appropriated funds may not be used to pay an employee who makes deductions described in subsection (a). Definition. For purposes of this section, the term `agency' means an Executive agency , the United States Postal Service, and the Postal Regulatory Commission, an office, agency, or other establishment in the legislative branch, an office, agency, or other establishment in the judicial branch. And the government of the District of Columbia.". Clerical amendment. The table of sections for chapter 71 of title 5, United States Code, is amended by striking the item relating to section 7115 and inserting the following: "7115. Labor organization dues not deductible from pay.". Postal Service Amendment. In general. Section 1205 of title 39, United States Code, is repealed. Clerical amendment. The table of sections for chapter 12 of title 39, United States Code, is amended by striking the item relating to section 1205. <SECTION-HEADER> EFFECTIVE DATES. TRANSITION PROVISIONS. Effective Date. The amendments made by this Act shall take effect on the date of enactment of this Act. Transition Provisions. Current deductions for dues of an exclusive representative. Nothing in this Act shall, in the case of an assignment received before the date of enactment of this Act under subsection (a) of section 7115 of title 5, United States Code , cause the termination of such assignment before the date on which such assignment is revoked, in accordance with the last sentence of such subsection. Or if earlier, the date determined under paragraph or (2) of subsection (b) of such section 7115 . Current deductions for dues of other labor organizations. Nothing in this Act shall, in the case of a voluntary allotment made before the date of enactment of this Act under subsection (c) of section 7115 of title 5, United States Code , cause the termination of such allotment before the date on which the underlying agreement ceases to have effect, whether by reason of section 7115(c)(2)(B) of such title 5 or otherwise. Current deductions for dues of a labor organization from postal service employees. Nothing in this Act shall, in the case of a written assignment received before the date of enactment of this Act under section 1205 of title 39, United States Code , cause the termination of such assignment before the date on which such assignment is revoked in accordance with such section. Or otherwise expires. Nonrenewability. In general. An agreement between an agency and a labor organization, entered into before the date of enactment of this Act under subsection (a) or (c) of section 7115 of such title 5 , shall not, to the extent that it relates to deductions for the payment of dues of such labor organization, be subject to renewal or extension. Postal service. A written assignment received by the United States Postal Service under section 1205 of title 39, United States Code or an agreement between the United States Postal Service and any organization of employees in effect pursuant to 1205(b) of such title , shall not, to the extent that it relates to deductions for the payment of dues of such organization, be subject to renewal or extension. Definitions. For purposes of this section, the terms "agency", "exclusive representative", and "labor organization" have the meanings given such terms in section 7103 of title 5, United States Code.

Empower Employees Act of 2014 - Prohibits federal agencies, including executive, legislative, and judicial agencies, the United States Postal Service (USPO), the Postal Regulatory Commission (PRC), and the government of the District of Columbia, from deducting labor organization fees from the salaries of their employees.

Empower Employees Act of 2014

111_hr4955

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transforming Undergraduate STEM Education Act''. SEC. 2. TRANSFORMING UNDERGRADUATE EDUCATION IN STEM. Section 17 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-6) is amended to read as follows: ``SEC. 17. TRANSFORMING UNDERGRADUATE EDUCATION IN STEM. ``(a) In General.--The Director shall award grants, on a competitive, merit-reviewed basis, to institutions of higher education to implement or expand research-based reforms in undergraduate STEM education for the purpose of increasing the number and quality of students studying toward and completing baccalaureate degrees in STEM. ``(b) Uses of Funds.--Activities supported by grants under this section may include-- ``(1) development, implementation, and assessment of innovative, research-based approaches to transforming the teaching and learning of disciplinary or interdisciplinary STEM at the undergraduate level; ``(2) expansion of successful STEM reform efforts beyond a single course or group of courses to achieve reform within an entire academic unit, or expansion of successful reform efforts beyond a single academic unit to other STEM academic units within an institution; ``(3) creation of multidisciplinary or interdisciplinary courses or programs that formalize collaborations for the purpose of improved student instruction and research in STEM; ``(4) expansion of undergraduate STEM research opportunities to include interdisciplinary research opportunities and research opportunities in industry, at Federal labs, and at international research institutions or research sites; ``(5) implementation or expansion of bridge, cohort, tutoring, or mentoring programs proven to enhance student recruitment or persistence to degree completion in STEM; ``(6) improvement of undergraduate STEM education for nonmajors, including education majors; ``(7) implementation of technology-driven reform efforts, including the installation of technology to facilitate such reform, that directly impact undergraduate STEM instruction or research experiences; ``(8) development and implementation of faculty development programs focused on improved instruction, mentoring, evaluation, and support of undergraduate STEM students; ``(9) support for graduate students and postdoctoral fellows to participate in instructional or assessment activities at primarily undergraduate institutions; and ``(10) research on teaching and learning of STEM at the undergraduate level related to the proposed reform effort, including assessment and evaluation of the proposed reform activities and research on scalability and sustainability of approaches to reform. ``(c) Selection Process.-- ``(1) Applications.--An institution of higher education seeking a grant under this section 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) a description of the proposed reform effort; ``(B) a description of the research findings that will serve as the basis for the proposed reform effort or, in the case of applications that propose an expansion of a previously implemented reform effort, a description of the previously implemented reform effort, including data on student recruitment, persistence to degree completion, and academic achievement; ``(C) evidence of institutional support for, and commitment to, the proposed reform effort, including long-term commitment to implement successful strategies from the current reform effort beyond the academic unit or units included in the grant proposal; ``(D) a description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to undergraduate STEM education; and ``(E) a description of the plans for assessment and evaluation of the proposed reform activities, including evidence of participation by individuals with experience in assessment and evaluation of teaching and learning programs. ``(2) Review of applications.--In selecting grant recipients under this section, the Director shall consider at a minimum-- ``(A) the likelihood of success in undertaking the proposed effort at the institution submitting the application, including the extent to which the faculty, staff, and administrators of the institution are committed to making the proposed institutional reform a priority of the participating academic unit or units; ``(B) the degree to which the proposed reform will contribute to change in institutional culture and policy such that a greater value is placed on faculty engagement in undergraduate education; ``(C) the likelihood that the institution will sustain or expand the reform beyond the period of the grant; and ``(D) the degree to which scholarly assessment and evaluation plans are included in the design of the reform effort. ``(3) Priority.--For proposals that include an expansion of existing reform efforts beyond a single academic unit, the Director shall give priority to proposals for which a senior institutional administrator, including a dean or other administrator of equal or higher rank, serves as the principal investigator. ``(4) Grant distribution.--The Director shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education.''.

Transforming Undergraduate STEM Education Act - Amends the National Science Foundation Authorization Act of 2002 to make changes to the program requiring the Director of the National Science Foundation (NSF) to award competitive grants to institutions of higher education (IHEs) to expand previously implemented reforms of undergraduate science, mathematics, engineering, or technology (STEM) education. Expands grant uses to allow their use in: (1) implementing, rather that just expanding, research-based reforms in undergraduate STEM education, (2) creating multidisciplinary or interdisciplinary STEM courses or programs. (3) expanding undergraduate STEM research opportunities to include interdisciplinary research and research in industry, at federal labs, and at international research institutions or research sites. (4) implementing or expanding bridge, cohort, tutoring, or mentoring programs that enhance student recruitment or persistence, (5) implementing STEM faculty development programs. (6) supporting the participation of graduate students and postdoctoral fellows in instructional or assessment activities at primarily undergraduate IHEs. And (7) researching STEM teaching and learning at the undergraduate level related to the proposed reform effort. Gives priority, among proposals that expand existing reform efforts beyond a single academic unit, to proposals for which a senior institutional administrator serves as the principal investigator.

To authorize the National Science Foundation to provide grants for implementing or expanding research-based reforms in undergraduate STEM education for the purpose of increasing the number and quality of students studying toward and completing baccalaureate degrees in STEM.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Transforming Undergraduate STEM Education Act". <SECTION-HEADER> TRANSFORMING UNDERGRADUATE EDUCATION IN STEM. Section 17 of the National Science Foundation Authorization Act of 2002 is amended to read as follows: "Section 17. TRANSFORMING UNDERGRADUATE EDUCATION IN STEM. In General. The Director shall award grants, on a competitive, merit-reviewed basis, to institutions of higher education to implement or expand research-based reforms in undergraduate STEM education for the purpose of increasing the number and quality of students studying toward and completing baccalaureate degrees in STEM. Uses of Funds. Activities supported by grants under this section may include development, implementation, and assessment of innovative, research-based approaches to transforming the teaching and learning of disciplinary or interdisciplinary STEM at the undergraduate level. Expansion of successful STEM reform efforts beyond a single course or group of courses to achieve reform within an entire academic unit, or expansion of successful reform efforts beyond a single academic unit to other STEM academic units within an institution. Creation of multidisciplinary or interdisciplinary courses or programs that formalize collaborations for the purpose of improved student instruction and research in STEM. Expansion of undergraduate STEM research opportunities to include interdisciplinary research opportunities and research opportunities in industry, at Federal labs, and at international research institutions or research sites. Implementation or expansion of bridge, cohort, tutoring, or mentoring programs proven to enhance student recruitment or persistence to degree completion in STEM, improvement of undergraduate STEM education for nonmajors, including education majors. Implementation of technology-driven reform efforts, including the installation of technology to facilitate such reform, that directly impact undergraduate STEM instruction or research experiences. Development and implementation of faculty development programs focused on improved instruction, mentoring, evaluation, and support of undergraduate STEM students. Support for graduate students and postdoctoral fellows to participate in instructional or assessment activities at primarily undergraduate institutions. And research on teaching and learning of STEM at the undergraduate level related to the proposed reform effort, including assessment and evaluation of the proposed reform activities and research on scalability and sustainability of approaches to reform. Selection Process. Applications. An institution of higher education seeking a grant under this section 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 the proposed reform effort. A description of the research findings that will serve as the basis for the proposed reform effort or, in the case of applications that propose an expansion of a previously implemented reform effort, a description of the previously implemented reform effort, including data on student recruitment, persistence to degree completion, and academic achievement. Evidence of institutional support for, and commitment to, the proposed reform effort, including long-term commitment to implement successful strategies from the current reform effort beyond the academic unit or units included in the grant proposal. A description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to undergraduate STEM education. And a description of the plans for assessment and evaluation of the proposed reform activities, including evidence of participation by individuals with experience in assessment and evaluation of teaching and learning programs. Review of applications. In selecting grant recipients under this section, the Director shall consider at a minimum the likelihood of success in undertaking the proposed effort at the institution submitting the application, including the extent to which the faculty, staff, and administrators of the institution are committed to making the proposed institutional reform a priority of the participating academic unit or units. The degree to which the proposed reform will contribute to change in institutional culture and policy such that a greater value is placed on faculty engagement in undergraduate education. The likelihood that the institution will sustain or expand the reform beyond the period of the grant. And the degree to which scholarly assessment and evaluation plans are included in the design of the reform effort. Priority. For proposals that include an expansion of existing reform efforts beyond a single academic unit, the Director shall give priority to proposals for which a senior institutional administrator, including a dean or other administrator of equal or higher rank, serves as the principal investigator. Grant distribution. The Director shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education.".

Transforming Undergraduate STEM Education Act - Amends the National Science Foundation Authorization Act of 2002 to make changes to the program requiring the Director of the National Science Foundation (NSF) to award competitive grants to institutions of higher education (IHEs) to expand previously implemented reforms of undergraduate science, mathematics, engineering, or technology (STEM) education. Expands grant uses to allow their use in: (1) implementing, rather that just expanding, research-based reforms in undergraduate STEM education, (2) creating multidisciplinary or interdisciplinary STEM courses or programs. (3) expanding undergraduate STEM research opportunities to include interdisciplinary research and research in industry, at federal labs, and at international research institutions or research sites. (4) implementing or expanding bridge, cohort, tutoring, or mentoring programs that enhance student recruitment or persistence, (5) implementing STEM faculty development programs. (6) supporting the participation of graduate students and postdoctoral fellows in instructional or assessment activities at primarily undergraduate IHEs. And (7) researching STEM teaching and learning at the undergraduate level related to the proposed reform effort. Gives priority, among proposals that expand existing reform efforts beyond a single academic unit, to proposals for which a senior institutional administrator serves as the principal investigator.

To authorize the National Science Foundation to provide grants for implementing or expanding research-based reforms in undergraduate STEM education for the purpose of increasing the number and quality of students studying toward and completing baccalaureate degrees in STEM.

111_hr1195

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mark Twain Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Samuel Clemens--better known to the world as Mark Twain--was a unique American voice whose literary work has had a lasting effect on our Nation's history and culture. (2) Mark Twain remains one of the best known Americans in the world with over 6,500 editions of his books translated into 75 languages. (3) Mark Twain's literary and educational legacy remains strong even today, with nearly every book he wrote still in print, including The Adventures of Tom Sawyer and Adventures of Huckleberry Finn--both of which have never gone out of print since they were first published over a century ago. (4) In the past 2 decades alone, there have been more than 100 books published and over 250 doctoral dissertations written on Mark Twain's life and work. (5) Even today, Americans seek to know more about the life and work of Mark Twain, as people from around the world and across all 50 States annually flock to National Historic Landmarks like the Mark Twain House & Museum in Hartford, CT and the Mark Twain Boyhood Home & Museum in Hannibal, MO. (6) Mark Twain's work is remembered today for addressing the complex social issues facing America at the turn of the century, including the legacy of the Civil War, race relations, and the economic inequalities of the ``Gilded Age''. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the life and legacy of Mark Twain. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2013''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the Board of the Mark Twain House and Museum; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2013. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; and (2) $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) \2/5\ of the surcharges, to the Mark Twain House & Museum in Hartford, Connecticut, to support the continued restoration of the Mark Twain house and grounds, and ensure continuing growth and innovation in museum programming to research, promote and educate on the legacy of Mark Twain. (2) \1/5\ of the surcharges, to the Mark Twain Project at the Bancroft Library of the University of California, Berkeley, California, to support programs to study and promote Mark Twain's legacy. (3) \1/5\ of the surcharges, to the Center for Mark Twain Studies at Elmira College, New York, to support programs to study and promote Mark Twain's legacy. (4) \1/5\ of the surcharges, to the Mark Twain Boyhood Home and Museum in Hannibal, Missouri, to preserve historical sites related to Mark Twain and help support programs to study and promote his legacy. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of each of the organizations referred to in paragraphs (1), (2), (3), and (4) of subsection (b) as may be related to the expenditures of amounts paid under such subsection. (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

Mark Twain Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins emblematic of the life and legacy of Mark Twain. Limits issuance of such coins to calendar year 2013. Requires specified surcharges in the sale of such coins, which shall be promptly paid, in specified percentages, to: (1) the Mark Twain House Museum in Hartford, Connecticut, to support the continued restoration of the house and grounds, and ensure continuing growth and innovation in museum programming to research, promote, and educate on the legacy of Mark Twain. (2) the Mark Twain Project at the Bancroft Library of University of California, Berkeley, California, to support programs to study and promote Mark Twain's legacy. (3) the Center for Mark Twain Studies at Elmira College, New York, for the same purposes. And (4) the Mark Twain Boyhood Home and Museum in Hannibal, Missouri, to preserve historical sites related to Mark Twain and help support study and promotion programs.

To require the Secretary of the Treasury to mint coins in commemoration of Mark Twain.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Mark Twain Commemorative Coin Act". <SECTION-HEADER> FINDINGS. The Congress finds as follows: Samuel Clemens better known to the world as Mark Twain was a unique American voice whose literary work has had a lasting effect on our Nation's history and culture. Mark Twain remains one of the best known Americans in the world with over 6,500 editions of his books translated into 75 languages. Mark Twain's literary and educational legacy remains strong even today, with nearly every book he wrote still in print, including The Adventures of Tom Sawyer and Adventures of Huckleberry Finn both of which have never gone out of print since they were first published over a century ago. In the past 2 decades alone, there have been more than 100 books published and over 250 doctoral dissertations written on Mark Twain's life and work. Even today, Americans seek to know more about the life and work of Mark Twain, as people from around the world and across all 50 States annually flock to National Historic Landmarks like the Mark Twain House Museum in Hartford, CT and the Mark Twain Boyhood Home Museum in Hannibal, MO. Mark Twain's work is remembered today for addressing the complex social issues facing America at the turn of the century, including the legacy of the Civil War, race relations, and the economic inequalities of the "Gilded Age". <SECTION-HEADER> COIN SPECIFICATIONS. Denominations. The Secretary of the Treasury shall mint and issue the following coins: $5 gold coins. Not more than 100,000 $5 coins, which shall weigh 8.359 grams, have a diameter of 0.850 inches. And contain 90 percent gold and 10 percent alloy. $1 silver coins. Not more than 500,000 $1 coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches. And contain 90 percent silver and 10 percent copper. Legal Tender. The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. Numismatic Items. For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. <SECTION-HEADER> DESIGN OF COINS. Design Requirements. In general. The design of the coins minted under this Act shall be emblematic of the life and legacy of Mark Twain. Designation and inscriptions. On each coin minted under this Act there shall be a designation of the value of the coin, an inscription of the year "2013". And inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". Selection. The design for the coins minted under this Act shall be selected by the Secretary after consultation with the Commission of Fine Arts and the Board of the Mark Twain House and Museum. And reviewed by the Citizens Coinage Advisory Committee. <SECTION-HEADER> ISSUANCE OF COINS. Quality of Coins. Coins minted under this Act shall be issued in uncirculated and proof qualities. Mint Facility. Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. Period for Issuance. The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2013. <SECTION-HEADER> SALE OF COINS. Sale Price. The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins. The surcharge provided in section 7(a) with respect to such coins. And the cost of designing and issuing the coins . Bulk Sales. The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. Prepaid Orders. In general. The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. Discount. Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. <SECTION-HEADER> SURCHARGES. In General. All sales of coins issued under this Act shall include a surcharge of $35 per coin for the $5 coin. And $10 per coin for the $1 coin. Distribution. Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: 25 of the surcharges, to the Mark Twain House Museum in Hartford, Connecticut, to support the continued restoration of the Mark Twain house and grounds, and ensure continuing growth and innovation in museum programming to research, promote and educate on the legacy of Mark Twain. 15 of the surcharges, to the Mark Twain Project at the Bancroft Library of the University of California, Berkeley, California, to support programs to study and promote Mark Twain's legacy. 15 of the surcharges, to the Center for Mark Twain Studies at Elmira College, New York, to support programs to study and promote Mark Twain's legacy. 15 of the surcharges, to the Mark Twain Boyhood Home and Museum in Hannibal, Missouri, to preserve historical sites related to Mark Twain and help support programs to study and promote his legacy. Audits. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of each of the organizations referred to in paragraphs (1), (2). and (4) of subsection (b) as may be related to the expenditures of amounts paid under such subsection. Limitation. Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code . The Secretary of the Treasury may issue guidance to carry out this subsection.

Mark Twain Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins emblematic of the life and legacy of Mark Twain. Limits issuance of such coins to calendar year 2013. Requires specified surcharges in the sale of such coins, which shall be promptly paid, in specified percentages, to: (1) the Mark Twain House Museum in Hartford, Connecticut, to support the continued restoration of the house and grounds, and ensure continuing growth and innovation in museum programming to research, promote, and educate on the legacy of Mark Twain. (2) the Mark Twain Project at the Bancroft Library of University of California, Berkeley, California, to support programs to study and promote Mark Twain's legacy. (3) the Center for Mark Twain Studies at Elmira College, New York, for the same purposes. And (4) the Mark Twain Boyhood Home and Museum in Hannibal, Missouri, to preserve historical sites related to Mark Twain and help support study and promotion programs.

To require the Secretary of the Treasury to mint coins in commemoration of Mark Twain.

115_s1913

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Prairie Conservation Act''. SEC. 2. CROP PRODUCTION ON NATIVE SOD. (a) Federal Crop Insurance.--Section 508(o) of the Federal Crop Insurance Act (7 U.S.C. 1508(o)) is amended-- (1) in paragraph (2), by striking subparagraph (A) and inserting the following: ``(A) In general.-- ``(i) Agricultural act of 2014.--Native sod acreage that has been tilled for the production of an insurable crop during the period beginning on February 8, 2014, and ending on the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this subtitle as described in this paragraph. ``(ii) American prairie conservation act.-- ``(I) Non-hay and non-forage crops.--As determined by the Secretary, native sod acreage that has been tilled for the production of an insurable crop other than a hay or forage crop after the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this subtitle as described in this paragraph. ``(II) Hay and forage crops.-- During each crop year of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of an insurable hay or forage crop after the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this subtitle as described in this paragraph.''; and (2) by striking paragraph (3) and inserting the following: ``(3) Native sod conversion certification.-- ``(A) Certification.--As a condition on the receipt of benefits under this subtitle, a producer that has tilled native sod acreage for the production of an insurable crop as described in paragraph (2)(A) shall certify to the Secretary that acreage using-- ``(i) an acreage report form of the Farm Service Agency (FSA-578 or any successor form); and ``(ii) one or more maps. ``(B) Corrections.--Beginning on the date on which a producer submits a certification under subparagraph (A), as soon as practicable after the producer discovers a change in tilled native sod acreage described in that subparagraph, the producer shall submit to the Secretary any appropriate corrections to a form or map described in clause (i) or (ii) of that subparagraph. ``(C) Annual reports.--Not later than January 1, 2019, and each January 1 thereafter through January 1, 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the tilled native sod acreage that has been certified under subparagraph (A) in each county and State as of the date of submission of the report.''. (b) Noninsured Crop Disaster Assistance.--Section 196(a)(4) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(a)(4)) is amended-- (1) in subparagraph (B), by striking clause (i) and inserting the following: ``(i) In general.-- ``(I) Agricultural act of 2014.--As determined by the Secretary, native sod acreage that has been tilled for the production of a covered crop during the period beginning on February 8, 2014, and ending on the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph. ``(II) American prairie conservation act.-- ``(aa) Non-hay and non- forage crops.--During the first 4 crop years of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of a covered crop other than a hay or forage crop after the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph. ``(bb) Hay and forage crops.--During each crop year of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of a hay or forage crop after the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph.''; and (2) by striking subparagraph (C) and inserting the following: ``(C) Native sod conversion certification.-- ``(i) Certification.--As a condition on the receipt of benefits under this section, a producer that has tilled native sod acreage for the production of an insurable crop as described in subparagraph (B)(i) shall certify to the Secretary that acreage using-- ``(I) an acreage report form of the Farm Service Agency (FSA-578 or any successor form); and ``(II) one or more maps. ``(ii) Corrections.--Beginning on the date on which a producer submits a certification under clause (i), as soon as practicable after the producer discovers a change in tilled native sod acreage described in that clause, the producer shall submit to the Secretary any appropriate corrections to a form or map described in subclause (I) or (II) of that clause. ``(iii) Annual reports.--Not later than January 1, 2019, and each January 1 thereafter through January 1, 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the tilled native sod acreage that has been certified under clause (i) in each county and State as of the date of submission of the report.''. (c) Cropland Report Annual Updates.--Section 11014(c)(2) of the Agricultural Act of 2014 (Public Law 113-79; 128 Stat. 963) is amended in the matter preceding subparagraph (A) by striking ``2018'' and inserting ``2023''.

American Prairie Conservation Act This bill amends the Federal Crop Insurance Act and the Federal Agriculture Improvement and Reform Act of 1996 to modify provisions, known as sodsaver provisions, that reduce benefits under the Department of Agriculture (USDA) crop insurance and noninsured crop disaster assistance programs for farmers who plant crops on native sod. The bill also amends the Agriculture Act of 2014 to extend the requirement for USDA to submit annual reports to Congress regarding cropland acreage.

American Prairie Conservation Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "American Prairie Conservation Act". <SECTION-HEADER> CROP PRODUCTION ON NATIVE SOD. Federal Crop Insurance. Section 508(o) of the Federal Crop Insurance Act (7 USC. 1508(o)) is amended in paragraph (2), by striking subparagraph (A) and inserting the following: In general. Agricultural act of 2014. Native sod acreage that has been tilled for the production of an insurable crop during the period beginning on February 8, 2014, and ending on the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this subtitle as described in this paragraph. American prairie conservation act. Non-hay and non-forage crops. As determined by the Secretary, native sod acreage that has been tilled for the production of an insurable crop other than a hay or forage crop after the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this subtitle as described in this paragraph. Hay and forage crops. During each crop year of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of an insurable hay or forage crop after the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this subtitle as described in this paragraph.". And by striking paragraph (3) and inserting the following: Native sod conversion certification. Certification. As a condition on the receipt of benefits under this subtitle, a producer that has tilled native sod acreage for the production of an insurable crop as described in paragraph (2)(A) shall certify to the Secretary that acreage using an acreage report form of the Farm Service Agency. And one or more maps. Corrections. Beginning on the date on which a producer submits a certification under subparagraph , as soon as practicable after the producer discovers a change in tilled native sod acreage described in that subparagraph, the producer shall submit to the Secretary any appropriate corrections to a form or map described in clause (i) or (ii) of that subparagraph. Annual reports. Not later than January 1, 2019, and each January 1 thereafter through January 1, 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the tilled native sod acreage that has been certified under subparagraph in each county and State as of the date of submission of the report.". Noninsured Crop Disaster Assistance. Section 196(a)(4) of the Federal Agriculture Improvement and Reform Act of 1996 (7 USC. 7333(a)(4)) is amended in subparagraph (B), by striking clause (i) and inserting the following: In general. Agricultural act of 2014. As determined by the Secretary, native sod acreage that has been tilled for the production of a covered crop during the period beginning on February 8, 2014, and ending on the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph. American prairie conservation act. Non-hay and non- forage crops. During the first 4 crop years of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of a covered crop other than a hay or forage crop after the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph. Hay and forage crops. During each crop year of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of a hay or forage crop after the date of enactment of the American Prairie Conservation Act shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph.". And by striking subparagraph (C) and inserting the following: Native sod conversion certification. Certification. As a condition on the receipt of benefits under this section, a producer that has tilled native sod acreage for the production of an insurable crop as described in subparagraph (B)(i) shall certify to the Secretary that acreage using an acreage report form of the Farm Service Agency. And one or more maps. Corrections. Beginning on the date on which a producer submits a certification under clause (i), as soon as practicable after the producer discovers a change in tilled native sod acreage described in that clause, the producer shall submit to the Secretary any appropriate corrections to a form or map described in subclause (I) or (II) of that clause. Annual reports. Not later than January 1, 2019, and each January 1 thereafter through January 1, 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the tilled native sod acreage that has been certified under clause (i) in each county and State as of the date of submission of the report.". Cropland Report Annual Updates. Section 11014(c)(2) of the Agricultural Act of 2014 is amended in the matter preceding subparagraph (A) by striking "2018" and inserting "2023".

American Prairie Conservation Act This bill amends the Federal Crop Insurance Act and the Federal Agriculture Improvement and Reform Act of 1996 to modify provisions, known as sodsaver provisions, that reduce benefits under the Department of Agriculture (USDA) crop insurance and noninsured crop disaster assistance programs for farmers who plant crops on native sod. The bill also amends the Agriculture Act of 2014 to extend the requirement for USDA to submit annual reports to Congress regarding cropland acreage.

American Prairie Conservation Act

103_hr4222

SECTION 1. ESTABLISHMENT OF WORKFORCE SKILLS AND DEVELOPMENT LOAN PROGRAM. (a) In General.--Part B of title III of the Job Training Partnership Act (29 U.S.C. 1662 et seq.) is amended by adding at the end the following new section: ``SEC. 327. WORKFORCE SKILLS AND DEVELOPMENT LOAN PROGRAM. ``(a) Findings and Purposes.-- ``(1) Findings.--The Congress finds that-- ``(A) the changing nature of the workforce in the United States is forcing more and more workers to obtain skills upgrading to keep pace; ``(B) employees who receive formal skills upgrading enjoy earning advantages of 25 percent or more over those with no such upgrading; ``(C) the return on investment from formal training through increased productivity is equivalent to 3 times the cost of such training; ``(D) approximately 40 percent of business executives say they cannot modernize their equipment due to worker skill deficiencies; ``(E) companies cite the lack of funds as a major reason for failure to establish and carry out workforce skills upgrading programs; ``(F) although the training of the workforce in the United States is a national concern of utmost importance, limited resources at the Federal level make it infeasible to effectively and efficiently address this concern alone; and ``(G) States, employers, and representatives of employees need to share the responsibility in providing skills upgrading for employees. ``(2) Purposes.--The purposes of this section are-- ``(A) to encourage industry-based investment in human resource development that promotes the competitiveness of the Nation's industries through productivity and product quality enhancement; ``(B) to ensure secure jobs for those who successfully complete skills upgrading; and ``(C) to supplement, and not supplant, funds available through existing skills upgrading programs conducted by employers, employee representatives, and the government; and ``(D) to establish programs which will not replace, parallel, supplant, compete with, or duplicate in any way existing skills upgrading programs. ``(b) Authorization.-- ``(1) In general.--From amounts reserved under section 302(a)(2) for any fiscal year, the Secretary may use not less than 5 percent, but not more than 10 percent, of such amounts to provide grants to States to provide loans to eligible entities described in paragraph (2) to assist such entities in providing skills upgrading for non-managerial employees. ``(2) Eligible entities.--An eligible entity described in this paragraph is-- ``(A) an employer; ``(B) a representative of employees; ``(C) a business association; ``(D) a trade organization; or ``(E) a consortium consisting of-- ``(i) more than 1 of the entities described in subparagraphs (A) through (D); or ``(ii) an institution of higher education (as such term is defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088) which continues to meet the eligibility and certification requirements under section 498 of such Act) and 1 or more of the entities described in subparagraphs (A) through (D). ``(c) Application.--The Secretary may provide a grant to a State under subsection (b) only if such State submits to the Secretary an application which contains such information as the Secretary may reasonably require. ``(d) Priority.--In providing grants under subsection (b), the Secretary shall give priority to States that have demonstrated the ability to expeditiously establish and carry out loan guarantee programs described in subsection (f). ``(e) Limitations.-- ``(1) Maximum annual grant amount.--The amount of a grant provided to a State under subsection (b) for any fiscal year shall not exceed $2,000,000. ``(2) Maximum total grant amount.--The total amount of grants provided to a State under subsection (b) shall not exceed $5,000,000. ``(f) Use of Amounts.--A State shall use amounts received from a grant under subsection (b) to establish a loan guarantee program to assist eligible entities described in subsection (b)(2) to provide skills upgrading for non-managerial employees. In carrying out such program, the State shall meet the following requirements: ``(1) Establishment of reserve fund for loan guarantees.-- The State shall establish a reserve fund from amounts received from such grant for the purpose of making commitments to guarantee the payment of principal and interest on loans made by financial institutions to such eligible entities to provide skills upgrading for non-managerial employees. ``(2) Criteria for loan guarantees.--The State, in conjunction with appropriate financial institutions, shall establish and publish criteria for providing loan guarantees to eligible entities under the program, including criteria that provides for the following: ``(A) A loan guarantee may be issued under the program only if, at the time such guarantee is issued the eligible entity agrees to pay as an insurance premium an amount equal to 1 percent of the principal received by such entity under the loan to the State's reserve fund. ``(B)(i) Subject to clause (ii), the eligible entity will use amounts received from the loan to provide skills upgrading for mid- and lower- level employees, which may include (but is not limited to)-- ``(I) training in total quality management, statistical process control, production techniques, office automation, materials resource planning; and ``(II) training to improve basic skills, including reading, writing, and arithmatic. ``(ii) In providing such skills upgrading, the eligible entity shall give priority to non-managerial employees who-- ``(I) directly produce or deliver goods or services; or ``(II) are in danger of being terminated or laid off as a result of modernization in the workplace, corporate downsizing, foreign or domestic competition, or Federal policies adversely affecting 1 or more industries. ``(C) Amounts from a loan shall not be used to pay the wages or other benefits of any employee receiving assistance under the program. ``(3) Payment by state to financial institutions in cases of default.-- ``(A) In general.--In accordance with criteria developed by the Secretary, the State shall make payments from the State's reserve fund to financial institutions that have provided loans to eligible entities that have defaulted on such loans for the purpose of reimbursing such institutions for the amount of principal and interest remaining unpaid to the institutions by reason of such default. ``(B) No full faith and credit of the united states.--Loans provided by financial institutions to eligible entities under loan guarantee programs under this section shall not be obligations of, or guaranteed in any respect by, the United States. ``(4) Limitations on loan guarantees.--The authority of a State to extend loan guarantees under this section shall not at any time exceed an amount equal to 1,000 percent of the aggregate principal amount in the State's reserve fund. ``(5) Interest from amounts in reserve fund.--Any interest earned from amounts in the State's reserve fund shall be credited to such fund. ``(g) Additional Amounts.--In addition to amounts received from a grant under subsection (b), the Governor of a State may use not more than 5 percent of the amount reserved under section 302(c) for a fiscal year to establish and carry out the loan guarantee program under subsection (f). ``(h) Federal and State Share.-- ``(1) Federal share.--The Federal share under this section may not exceed 50 percent of the total cost of the program established under subsection (f) for any fiscal year. ``(2) State share.-- ``(A) In general.--Except as provided in subparagraph (B), the State share shall be provided from non-Federal sources and may be in cash or in-kind, fairly evaluated. ``(B) Exception.--The State share may include amounts reserved in accordance with subsection (g).''. (b) Conforming Amendments.-- (1) Reservation of amounts.--Paragraph (1) of section 302(c) of the Job Training Partnership Act (29 U.S.C. 1652(c)(1)) is amended-- (A) in subparagraph (D), by striking ``program system; and'' and inserting ``program system;''; (B) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(F) establishing and carrying out the loan guarantee program under section 327(f).''. (2) Table of contents.--The table of contents of such Act is amended by inserting after the item relating to section 326 the following new item: ``Sec. 327. Workforce skills and development loan program.''. SEC. 2. INFORMATION RELATING TO SKILLS UPGRADING ACTIVITIES FOR CAPACITY BUILDING AND INFORMATION AND DISSEMINATION NETWORK. Section 453(b)(2) of the Job Training Partnership Act (29 U.S.C. 1733(b)(2)) is amended-- (1) in subparagraph (C)(ii)(V), by striking the period at the end of such subparagraph and inserting ``; and''; and (2) by adding at the end the following new subparagraph: ``(D)(i) collect and disseminate information-- ``(I) on successful programs to upgrade the skills of workers carried out pursuant to section 327; ``(II) on research and evaluation conducted concerning such programs; and ``(III) that will assist employers, representatives of employees, business associations, trade organizations, and consortia consisting of more than 1 of the preceding entities in designing and implementing the most effective skills upgrading methods available today; and ``(ii) facilitate communication and the exchange of information and ideas among States and the entities described in clause (i)(III) carrying out such skills upgrading pursuant to section 327.''. SEC. 3. AMENDMENT TO HIGHER EDUCATION ACT OF 1965. Section 439(d)(1) of the Higher Education Act of 1965 is amended by adding at the end the following new sentence: ``For purposes of this section, loans made pursuant to section 327 of the Job Training Partnership Act may be considered to be student loans which are not insured or guaranteed as provided for in this subsection.''.

Amends the Job Training Partnership Act to establish a workforce skills and development loan program. Directs the Secretary of Labor to use certain amounts to make grants to States to establish reserve funds to guarantee loans to employers, employee representatives, and other eligible entities to provide skills upgrading for non-managerial employees. Gives grant priority to States with demonstrated ability to expeditiously establish and carry out such loan programs. Requires the capacity building and information and dissemination network to include information relating to such skills upgrading activities.

To amend the Job Training Partnership Act to establish a workforce skills and development loan program to provide grants to States to guarantee loans made to employers, representatives of employees, and other entities to provide skills upgrading for non-managerial employees, and for other purposes.

<SECTION-HEADER> ESTABLISHMENT OF WORKFORCE SKILLS AND DEVELOPMENT LOAN PROGRAM. In General. Part B of title III of the Job Training Partnership Act is amended by adding at the end the following new section: "Section 327. WORKFORCE SKILLS AND DEVELOPMENT LOAN PROGRAM. Findings and Purposes. Findings. The Congress finds that the changing nature of the workforce in the United States is forcing more and more workers to obtain skills upgrading to keep pace. Employees who receive formal skills upgrading enjoy earning advantages of 25 percent or more over those with no such upgrading. The return on investment from formal training through increased productivity is equivalent to 3 times the cost of such training. Approximately 40 percent of business executives say they cannot modernize their equipment due to worker skill deficiencies. Companies cite the lack of funds as a major reason for failure to establish and carry out workforce skills upgrading programs. Although the training of the workforce in the United States is a national concern of utmost importance, limited resources at the Federal level make it infeasible to effectively and efficiently address this concern alone. And States, employers, and representatives of employees need to share the responsibility in providing skills upgrading for employees. Purposes. The purposes of this section are to encourage industry-based investment in human resource development that promotes the competitiveness of the Nation's industries through productivity and product quality enhancement. To ensure secure jobs for those who successfully complete skills upgrading. And to supplement, and not supplant, funds available through existing skills upgrading programs conducted by employers, employee representatives, and the government. And to establish programs which will not replace, parallel, supplant, compete with, or duplicate in any way existing skills upgrading programs. Authorization. In general. From amounts reserved under section 302(a)(2) for any fiscal year, the Secretary may use not less than 5 percent, but not more than 10 percent, of such amounts to provide grants to States to provide loans to eligible entities described in paragraph (2) to assist such entities in providing skills upgrading for non-managerial employees. Eligible entities. An eligible entity described in this paragraph is an employer, a representative of employees, a business association, a trade organization. Or a consortium consisting of more than 1 of the entities described in subparagraphs (A) through (D). Or an institution of higher education (as such term is defined in section 481 of the Higher Education Act of 1965 and 1 or more of the entities described in subparagraphs (A) through (D). Application. The Secretary may provide a grant to a State under subsection (b) only if such State submits to the Secretary an application which contains such information as the Secretary may reasonably require. Priority. In providing grants under subsection (b), the Secretary shall give priority to States that have demonstrated the ability to expeditiously establish and carry out loan guarantee programs described in subsection (f). Limitations. Maximum annual grant amount. The amount of a grant provided to a State under subsection (b) for any fiscal year shall not exceed $2,000,000. Maximum total grant amount. The total amount of grants provided to a State under subsection (b) shall not exceed $5,000,000. Use of Amounts. A State shall use amounts received from a grant under subsection (b) to establish a loan guarantee program to assist eligible entities described in subsection (b)(2) to provide skills upgrading for non-managerial employees. In carrying out such program, the State shall meet the following requirements: Establishment of reserve fund for loan guarantees. The State shall establish a reserve fund from amounts received from such grant for the purpose of making commitments to guarantee the payment of principal and interest on loans made by financial institutions to such eligible entities to provide skills upgrading for non-managerial employees. Criteria for loan guarantees. The State, in conjunction with appropriate financial institutions, shall establish and publish criteria for providing loan guarantees to eligible entities under the program, including criteria that provides for the following: A loan guarantee may be issued under the program only if, at the time such guarantee is issued the eligible entity agrees to pay as an insurance premium an amount equal to 1 percent of the principal received by such entity under the loan to the State's reserve fund. (i) Subject to clause (ii), the eligible entity will use amounts received from the loan to provide skills upgrading for mid- and lower- level employees, which may include training in total quality management, statistical process control, production techniques, office automation, materials resource planning. And training to improve basic skills, including reading, writing, and arithmatic. In providing such skills upgrading, the eligible entity shall give priority to non-managerial employees who directly produce or deliver goods or services. Or are in danger of being terminated or laid off as a result of modernization in the workplace, corporate downsizing, foreign or domestic competition, or Federal policies adversely affecting 1 or more industries. Amounts from a loan shall not be used to pay the wages or other benefits of any employee receiving assistance under the program. Payment by state to financial institutions in cases of default. In general. In accordance with criteria developed by the Secretary, the State shall make payments from the State's reserve fund to financial institutions that have provided loans to eligible entities that have defaulted on such loans for the purpose of reimbursing such institutions for the amount of principal and interest remaining unpaid to the institutions by reason of such default. No full faith and credit of the united states. Loans provided by financial institutions to eligible entities under loan guarantee programs under this section shall not be obligations of, or guaranteed in any respect by, the United States. Limitations on loan guarantees. The authority of a State to extend loan guarantees under this section shall not at any time exceed an amount equal to 1,000 percent of the aggregate principal amount in the State's reserve fund. Interest from amounts in reserve fund. Any interest earned from amounts in the State's reserve fund shall be credited to such fund. Additional Amounts. In addition to amounts received from a grant under subsection (b), the Governor of a State may use not more than 5 percent of the amount reserved under section 302(c) for a fiscal year to establish and carry out the loan guarantee program under subsection (f). Federal and State Share. Federal share. The Federal share under this section may not exceed 50 percent of the total cost of the program established under subsection (f) for any fiscal year. State share. In general. Except as provided in subparagraph (B), the State share shall be provided from non-Federal sources and may be in cash or in-kind, fairly evaluated. Exception. The State share may include amounts reserved in accordance with subsection (g).". Conforming Amendments. Reservation of amounts. Paragraph (1) of section 302(c) of the Job Training Partnership Act (29 USC. 1652(c)(1)) is amended in subparagraph (D), by striking "program system, and" and inserting "program system, ". By striking the period at the end of subparagraph (E) and inserting ", and". And by adding at the end the following new subparagraph: establishing and carrying out the loan guarantee program under section 327(f).". Table of contents. The table of contents of such Act is amended by inserting after the item relating to section 326 the following new item: "Section 327. Workforce skills and development loan program.". <SECTION-HEADER> INFORMATION RELATING TO SKILLS UPGRADING ACTIVITIES FOR CAPACITY BUILDING AND INFORMATION AND DISSEMINATION NETWORK. Section 453(b)(2) of the Job Training Partnership Act (29 USC. 1733(b)(2)) is amended in subparagraph (C)(ii)(V), by striking the period at the end of such subparagraph and inserting ", and". And by adding at the end the following new subparagraph: (i) collect and disseminate information on successful programs to upgrade the skills of workers carried out pursuant to section 327, on research and evaluation conducted concerning such programs. And that will assist employers, representatives of employees, business associations, trade organizations, and consortia consisting of more than 1 of the preceding entities in designing and implementing the most effective skills upgrading methods available today. And facilitate communication and the exchange of information and ideas among States and the entities described in clause (i)(III) carrying out such skills upgrading pursuant to section 327.". <SECTION-HEADER> AMENDMENT TO HIGHER EDUCATION ACT OF 1965. Section 439(d)(1) of the Higher Education Act of 1965 is amended by adding at the end the following new sentence: "For purposes of this section, loans made pursuant to section 327 of the Job Training Partnership Act may be considered to be student loans which are not insured or guaranteed as provided for in this subsection.".

Amends the Job Training Partnership Act to establish a workforce skills and development loan program. Directs the Secretary of Labor to use certain amounts to make grants to States to establish reserve funds to guarantee loans to employers, employee representatives, and other eligible entities to provide skills upgrading for non-managerial employees. Gives grant priority to States with demonstrated ability to expeditiously establish and carry out such loan programs. Requires the capacity building and information and dissemination network to include information relating to such skills upgrading activities.

To amend the Job Training Partnership Act to establish a workforce skills and development loan program to provide grants to States to guarantee loans made to employers, representatives of employees, and other entities to provide skills upgrading for non-managerial employees, and for other purposes.

111_s137

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Energy Production Act of 2009''. SEC. 2. PURPOSE. The purpose of this Act to is make the United States the world leader in green energy production and manufacturing by-- (1) promoting green technology innovation; (2) assisting in the transition to a green energy economy; and (3) increasing scientific knowledge that may reveal the basis for new or enhanced products, equipment, or processes. SEC. 3. DEFINITIONS. In this Act: (1) Biomass.--The term ``biomass'' has the meaning given the term ``renewable biomass'' in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)). (2) Environmentally protective.--The term ``environmentally protective'' means, with respect to technology, technology that-- (A) is most likely to result in the least impact to land, forests, water quantity and quality, air quality, and wildlife habitat; and (B) possesses the highest potential for long-term sustained production of green energy. (3) Green energy.-- (A) In general.--The term ``green energy'' has the meaning given the term ``renewable energy''. (B) Inclusion.--The term ``green energy'' includes energy derived from coal produced in a manner that-- (i) sequesters carbon from carbon dioxide emissions at a minimum 85 percent capture rate on an annual basis; and (ii) complies with section 1421(d) of the Safe Drinking Water Act (42 U.S.C. 300h(d)). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). (5) Renewable energy.--The term ``renewable energy'' means electric energy generated at a facility (including a distributed generation facility) from solar, wind, fuel cells, biomass, geothermal, ocean energy, or landfill gas. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. (7) Target area.--The term ``target area'' means-- (A) an area that has experienced a significant loss of manufacturing employment; (B) an area with a large manufacturing capacity; (C) an area with an unemployment rate that is higher than the national average unemployment rate; and (D) priority for an area that includes a brownfield site (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)). SEC. 4. GREEN TECHNOLOGY INVESTMENT CORPORATION. (a) Establishment.-- (1) In general.--There is established in the Department of Energy a corporation to be known as the ``Green Technology Investment Corporation''. (2) Meetings.--The Corporation shall meet at least 4 times during each fiscal year. (3) Rules for corporation business.--Not later than 1 year after the date of enactment of this Act, the Corporation shall establish rules for the conduct of business of the Corporation. (4) Applicable authority.--The Corporation shall be subject to-- (A) subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''); and (B) all other Federal law applicable to quasi- autonomous agencies within the Department of Energy. (5) Administrative costs.--The Secretary shall-- (A) be responsible for paying all administrative costs of the Corporation; and (B) in conjunction with the Board of Directors of the Corporation, take every reasonable action to reduce and minimize administrative costs of carrying out this section and the program. (b) Board of Directors.-- (1) In general.--The Board of Directors of the Corporation shall consist of 7 members, appointed by the President, by and with the advice and consent of the Senate, who are-- (A) leaders from industry, labor, academia, government, and nongovernment organizations; and (B) selected based on having the necessary expertise-- (i) to build world-class applied research capability; (ii) to assist entrepreneurial innovators in accelerating formation and attraction of technology-based businesses; (iii) to create product innovation; (iv) to market the manufacturing competitiveness of the United States; (v) to create domestic jobs and skills development opportunities in emerging domestic markets; and (vi) to evaluate and advise on environmental sustainability and climate change. (2) Chairperson.--The President shall appoint, by and with the advice and consent of the Senate, 1 member of the Board of Directors to serve as Chairperson. (c) Term of Service.-- (1) In general.--Each member of the Board of Directors shall be appointed for a term of 5 years. (2) Additional terms.--The President may appoint, by and with the advice and consent of the Senate, a member of the Board to serve additional terms of service. (d) Responsibilities.--The Corporation shall allocate funds, provide grants, and carry out programs under this Act, for all phases of technology commercialization, in accordance with this Act. SEC. 5. GREEN TECHNOLOGY INVESTMENT FUND. (a) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``Green Technology Investment Fund'' (referred to in this section as the ``Fund''), consisting of such amounts as are appropriated to the Fund under section 11. (b) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), on request by the Corporation, the Secretary of the Treasury shall transfer from the Fund to the Corporation such amounts as the Corporation determines are necessary to provide grants, loans, and other assistance, and otherwise carry out programs, under this Act. (2) Administrative expenses.--An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act. (c) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. SEC. 6. GREEN REDEVELOPMENT, OPPORTUNITY, AND WORKFORCE (GROW) GRANTS. The Corporation shall establish and carry out a grant program-- (1) to assist small and medium-sized businesses in accelerating new product development and commercialization of technology products; (2) to assist small and medium-sized businesses in capitalizing on early-stage investment, particularly those businesses that provide evidence of a capability to meet a green marketplace need; (3) to create and maintain jobs within the United States; (4) to assist local governments in improving infrastructure for related businesses in accordance with this section; (5) to seek and develop innovative ways of assisting businesses and communities in achieving the goals of this Act; (6) to redeploy underused manufacturing capacity; (7) to capitalize on export opportunities; (8) to revitalize depressed manufacturing communities; and (9) to search for and develop innovative ways to design environmentally protective technologies and best practices and demonstrate commercial green energy production. SEC. 7. GREEN ENERGY TECHNOLOGY INTERNSHIP PROGRAM. (a) In General.--The Corporation shall establish a green energy technology internship program under which-- (1) students and educators at institutions of higher education in the United States are paired with businesses of all sizes in the United States; and (2) those businesses are encouraged-- (A) to develop cutting-edge, high-tech skills in participating students; and (B) to ultimately offer full-time employment to those students after graduation. (b) Goal.--The Corporation shall establish as a goal for the green energy technology internship program the reimbursement by the Corporation, of not more than the greater of 50 percent or $5,000 of the wages paid to a participating student or educator, on the condition that, in the case of a participating student, the business strives for the possibility of full-time employment of the student after graduation. (c) Requirements.--The Corporation shall establish requirements for participation in the green energy technology internship program, including requirements relating to-- (1) the eligibility of students, educators, and businesses to participate in the program; and (2) application contents and procedures. SEC. 8. GREEN ENERGY TECHNOLOGY APPRENTICESHIP PROGRAM. (a) In General.--The Corporation shall establish a green energy technology apprenticeship program under which-- (1) apprentices and employers in the United States are paired with businesses of all sizes in the United States; and (2) those businesses are encouraged-- (A) to develop cutting-edge, high-tech skills in participating students; (B) to ultimately offer full-time employment to those students after completion; and (C) to work closely with organized labor. (b) Goal.--As a goal for the green energy technology apprenticeship program, the Corporation shall, to the maximum extent practicable, provide reimbursement for not more than the higher of 50 percent or $5,000 of the wages paid to a participating apprentice, if the business paired with the apprentice agrees to make every effort to offer full- time employment to the apprentice on the completion of the apprenticeship. (c) Requirements.--The Corporation shall establish requirements for participation in the green energy technology apprenticeship program, including requirements relating to-- (1) the eligibility of apprentices, organized labor, trades, and businesses to participate in the program; (2) partnerships with organized labor apprenticeship programs; and (3) application contents and procedures. SEC. 9. CRITERIA FOR PROVISION OF GRANTS, LOANS, AND OTHER ASSISTANCE. (a) Eligible Projects.-- (1) In general.--The Corporation shall provide grants, loans, and other assistance in accordance with the programs under this Act for projects that, as determined by the Corporation-- (A) offer the best technology, research, and commercialization for the United States; (B) permit anticipation and action on market opportunities; (C) encourage industry involvement; (D) facilitate investment at the intersection of core competency areas; (E) recruit world-class talent and high-growth companies; (F) create economic opportunity for target areas; (G) engage regional partners; (H) emphasize accountability and metrics; (I) upon completion, will serve as sites and facilities primarily intended for commercial, industrial, or manufacturing use; and (J) advance environmental protection. (2) Priority.--In carrying out paragraph (1), the Corporation-- (A) shall give priority to-- (i) renewable energy, carbon-neutral projects; and (ii) projects that advance environmentally protective goals, with a particular emphasis on best practices and innovative technology that reduce negative impacts on a commercial scale; and (B) may consider and give priority to the potential of a project to develop or improve innovative, cutting- edge technology for green energy projects that are carbon neutral. (b) Basis.--A grant, loan, or other assistance provided under this Act-- (1) shall be based on the best available technology, research, and commercialization, with a focus on diversity of green technologies; and (2) shall not be provided solely on a geographical basis. (c) Eligible Applicants.--The Corporation may provide a grant, loan, or other assistance under this Act to-- (1) a political subdivision or nonprofit economic development organization; (2) a municipality, local government, community, or institution of higher education (including a technical educational institution); and (3) a private, for-profit entity, with the unanimous approval by the Board of Directors of the Corporation. (d) Funds Allocated.--The Corporation shall determine the maximum and minimum amount provided for each program and program recipient under this Act in order to maximize the purposes of this Act. (e) Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Corporation shall submit to Congress a report that describes all activities of the Corporation carried out using funds made available under this Act, including, for the year covered by the report, a description of-- (1) each grant, loan, or other award of assistance provided under this Act; and (2) the reason for each grant, loan, or other award. SEC. 10. ADMINISTRATION. Notwithstanding any other provision of this Act, none of the funds made available to carry out this Act may be used to carry out any project, activity, or expense that is not located within the United States. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund to carry out this Act, to remain available until expended-- (1) $1,000,000,000 for fiscal year 2009; (2) $5,000,000,000 for fiscal year 2010; and (3) $10,000,000,000 for each of fiscal years 2011 through 2013.

Green Energy Production Act of 2009 - Establishes in the Department of Energy (DOE) the Green Technology Investment Corporation to allocate funds, provide grants, and carry out programs for all phases of technology commercialization. Requires the Corporation to establish: (1) ) a green redevelopment, opportunity, and workforce (GROW) grant program (2) a green energy technology internship program. And (3) a green energy technology apprenticeship program. Establishes in the Treasury the Green Technology Investment Fund to provide grants, loans, and assistance under this Act. Sets forth criteria for project eligibility and priority and applicant eligibility for grants, loans, and assistance under this Act.

A bill to create jobs and reduce the dependence of the United States on foreign and unsustainable energy sources by promoting the production of green energy, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Green Energy Production Act of 2009". <SECTION-HEADER> PURPOSE. The purpose of this Act to is make the United States the world leader in green energy production and manufacturing by promoting green technology innovation, assisting in the transition to a green energy economy. And increasing scientific knowledge that may reveal the basis for new or enhanced products, equipment, or processes. <SECTION-HEADER> DEFINITIONS. In this Act: Biomass. The term "biomass" has the meaning given the term "renewable biomass" in section 211(o)(1) of the Clean Air Act (42 USC. 7545(o)(1)). Environmentally protective. The term "environmentally protective" means, with respect to technology, technology that is most likely to result in the least impact to land, forests, water quantity and quality, air quality, and wildlife habitat. And possesses the highest potential for long-term sustained production of green energy. Green energy. In general. The term "green energy" has the meaning given the term "renewable energy". Inclusion. The term "green energy" includes energy derived from coal produced in a manner that sequesters carbon from carbon dioxide emissions at a minimum 85 percent capture rate on an annual basis. And complies with section 1421(d) of the Safe Drinking Water Act (42 USC. 300h(d)). Institution of higher education. The term "institution of higher education" has the meaning given the term in section 101 of the Higher Education Act of 1965 . Renewable energy. The term "renewable energy" means electric energy generated at a facility from solar, wind, fuel cells, biomass, geothermal, ocean energy, or landfill gas. Secretary. The term "Secretary" means the Secretary of Energy. Target area. The term "target area" means an area that has experienced a significant loss of manufacturing employment, an area with a large manufacturing capacity. An area with an unemployment rate that is higher than the national average unemployment rate. And priority for an area that includes a brownfield site (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 . <SECTION-HEADER> GREEN TECHNOLOGY INVESTMENT CORPORATION. Establishment. In general. There is established in the Department of Energy a corporation to be known as the "Green Technology Investment Corporation". Meetings. The Corporation shall meet at least 4 times during each fiscal year. Rules for corporation business. Not later than 1 year after the date of enactment of this Act, the Corporation shall establish rules for the conduct of business of the Corporation. Applicable authority. The Corporation shall be subject to subchapter II of chapter 5, and chapter 7, of title 5, United States Code. And all other Federal law applicable to quasi- autonomous agencies within the Department of Energy. Administrative costs. The Secretary shall be responsible for paying all administrative costs of the Corporation. And in conjunction with the Board of Directors of the Corporation, take every reasonable action to reduce and minimize administrative costs of carrying out this section and the program. Board of Directors. In general. The Board of Directors of the Corporation shall consist of 7 members, appointed by the President, by and with the advice and consent of the Senate, who are leaders from industry, labor, academia, government, and nongovernment organizations. And selected based on having the necessary expertise to build world-class applied research capability. To assist entrepreneurial innovators in accelerating formation and attraction of technology-based businesses, to create product innovation, to market the manufacturing competitiveness of the United States. To create domestic jobs and skills development opportunities in emerging domestic markets. And to evaluate and advise on environmental sustainability and climate change. Chairperson. The President shall appoint, by and with the advice and consent of the Senate, 1 member of the Board of Directors to serve as Chairperson. Term of Service. In general. Each member of the Board of Directors shall be appointed for a term of 5 years. Additional terms. The President may appoint, by and with the advice and consent of the Senate, a member of the Board to serve additional terms of service. Responsibilities. The Corporation shall allocate funds, provide grants, and carry out programs under this Act, for all phases of technology commercialization, in accordance with this Act. <SECTION-HEADER> GREEN TECHNOLOGY INVESTMENT FUND. Establishment. There is established in the Treasury of the United States a fund, to be known as the "Green Technology Investment Fund" , consisting of such amounts as are appropriated to the Fund under section 11. Expenditures From Fund. In general. Subject to paragraph (2), on request by the Corporation, the Secretary of the Treasury shall transfer from the Fund to the Corporation such amounts as the Corporation determines are necessary to provide grants, loans, and other assistance, and otherwise carry out programs, under this Act. Administrative expenses. An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act. Transfers of Amounts. In general. The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. Adjustments. Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. <SECTION-HEADER> GREEN REDEVELOPMENT, OPPORTUNITY, AND WORKFORCE (GROW) GRANTS. The Corporation shall establish and carry out a grant program to assist small and medium-sized businesses in accelerating new product development and commercialization of technology products. To assist small and medium-sized businesses in capitalizing on early-stage investment, particularly those businesses that provide evidence of a capability to meet a green marketplace need, to create and maintain jobs within the United States. To assist local governments in improving infrastructure for related businesses in accordance with this section. To seek and develop innovative ways of assisting businesses and communities in achieving the goals of this Act, to redeploy underused manufacturing capacity, to capitalize on export opportunities, to revitalize depressed manufacturing communities. And to search for and develop innovative ways to design environmentally protective technologies and best practices and demonstrate commercial green energy production. <SECTION-HEADER> GREEN ENERGY TECHNOLOGY INTERNSHIP PROGRAM. In General. The Corporation shall establish a green energy technology internship program under which students and educators at institutions of higher education in the United States are paired with businesses of all sizes in the United States. And those businesses are encouraged to develop cutting-edge, high-tech skills in participating students. And to ultimately offer full-time employment to those students after graduation. Goal. The Corporation shall establish as a goal for the green energy technology internship program the reimbursement by the Corporation, of not more than the greater of 50 percent or $5,000 of the wages paid to a participating student or educator, on the condition that, in the case of a participating student, the business strives for the possibility of full-time employment of the student after graduation. Requirements. The Corporation shall establish requirements for participation in the green energy technology internship program, including requirements relating to the eligibility of students, educators, and businesses to participate in the program. And application contents and procedures. <SECTION-HEADER> GREEN ENERGY TECHNOLOGY APPRENTICESHIP PROGRAM. In General. The Corporation shall establish a green energy technology apprenticeship program under which apprentices and employers in the United States are paired with businesses of all sizes in the United States. And those businesses are encouraged to develop cutting-edge, high-tech skills in participating students, to ultimately offer full-time employment to those students after completion. And to work closely with organized labor. Goal. As a goal for the green energy technology apprenticeship program, the Corporation shall, to the maximum extent practicable, provide reimbursement for not more than the higher of 50 percent or $5,000 of the wages paid to a participating apprentice, if the business paired with the apprentice agrees to make every effort to offer full- time employment to the apprentice on the completion of the apprenticeship. Requirements. The Corporation shall establish requirements for participation in the green energy technology apprenticeship program, including requirements relating to the eligibility of apprentices, organized labor, trades, and businesses to participate in the program, partnerships with organized labor apprenticeship programs. And application contents and procedures. <SECTION-HEADER> CRITERIA FOR PROVISION OF GRANTS, LOANS, AND OTHER ASSISTANCE. Eligible Projects. In general. The Corporation shall provide grants, loans, and other assistance in accordance with the programs under this Act for projects that, as determined by the Corporation offer the best technology, research, and commercialization for the United States, permit anticipation and action on market opportunities, encourage industry involvement, facilitate investment at the intersection of core competency areas, recruit world-class talent and high-growth companies, create economic opportunity for target areas, engage regional partners, emphasize accountability and metrics. Upon completion, will serve as sites and facilities primarily intended for commercial, industrial, or manufacturing use. And advance environmental protection. Priority. In carrying out paragraph (1), the Corporation shall give priority to renewable energy, carbon-neutral projects. And projects that advance environmentally protective goals, with a particular emphasis on best practices and innovative technology that reduce negative impacts on a commercial scale. And may consider and give priority to the potential of a project to develop or improve innovative, cutting- edge technology for green energy projects that are carbon neutral. Basis. A grant, loan, or other assistance provided under this Act shall be based on the best available technology, research, and commercialization, with a focus on diversity of green technologies. And shall not be provided solely on a geographical basis. Eligible Applicants. The Corporation may provide a grant, loan, or other assistance under this Act to a political subdivision or nonprofit economic development organization, a municipality, local government, community, or institution of higher education. And a private, for-profit entity, with the unanimous approval by the Board of Directors of the Corporation. Funds Allocated. The Corporation shall determine the maximum and minimum amount provided for each program and program recipient under this Act in order to maximize the purposes of this Act. Report. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Corporation shall submit to Congress a report that describes all activities of the Corporation carried out using funds made available under this Act, including, for the year covered by the report, a description of each grant, loan, or other award of assistance provided under this Act. And the reason for each grant, loan, or other award. <SECTION-HEADER> ADMINISTRATION. Notwithstanding any other provision of this Act, none of the funds made available to carry out this Act may be used to carry out any project, activity, or expense that is not located within the United States. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund to carry out this Act, to remain available until expended $1,000,000,000 for fiscal year 2009, $5,000,000,000 for fiscal year 2010, and $10,000,000,000 for each of fiscal years 2011 through 2013.

Green Energy Production Act of 2009 - Establishes in the Department of Energy (DOE) the Green Technology Investment Corporation to allocate funds, provide grants, and carry out programs for all phases of technology commercialization. Requires the Corporation to establish: (1) ) a green redevelopment, opportunity, and workforce (GROW) grant program (2) a green energy technology internship program. And (3) a green energy technology apprenticeship program. Establishes in the Treasury the Green Technology Investment Fund to provide grants, loans, and assistance under this Act. Sets forth criteria for project eligibility and priority and applicant eligibility for grants, loans, and assistance under this Act.

A bill to create jobs and reduce the dependence of the United States on foreign and unsustainable energy sources by promoting the production of green energy, and for other purposes.

113_hr4977

SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Options for Veterans Expedited Recovery Act'' or the ``COVER Act''. SEC. 2. ESTABLISHMENT AND DUTIES. (a) Establishment.--There is established the Veterans Expedited Recovery Commission (in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall perform the following duties: (1) Examine the efficacy of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating mental health illnesses of veterans and identify areas to improve wellness-based outcomes. (2) Conduct a patient-centered survey within each of the Veterans Integrated Service Networks to examine-- (A) the experience of veterans with the Department of Veterans Affairs when seeking medical assistance for mental health issues through the health care system of the Department; (B) the experience of veterans with non-Department medical facilities and health professionals for treating mental health issues; (C) the preferences of veterans regarding available treatments for mental health issues and which methods the veterans believe to be most effective; (D) the experience, if any, of veterans with respect to the complementary alternative treatment therapies described in subparagraphs (A) through (I) in paragraph (3); (E) the prevalence of prescribing prescription medication among veterans seeking treatment through the health care system of the Department as remedies for addressing mental health issues; and (F) the outreach efforts of the Secretary regarding the availability of benefits and treatments for veterans for addressing mental health issues, including by identifying ways to reduce barriers to and gaps in such benefits and treatments. (3) Examine available research on complementary alternative treatment therapies for mental health issues and identify what benefits could be made with the inclusion of such treatments for veterans, including with respect to-- (A) music therapy; (B) equine therapy; (C) training and caring for service dogs; (D) yoga therapy; (E) acupuncture therapy; (F) meditation therapy; (G) outdoor sports therapy; (H) hyperbaric oxygen therapy; (I) accelerated resolution therapy; and (J) other therapies the Commission determines appropriate. (4) Study the potential increase in the approval by the Secretary of claims for compensation relating to mental health issues for veterans who served Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn. SEC. 3. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 10 members, appointed as follows: (A) Two members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran. (B) Two members appointed by the Minority Leader of the House of Representatives, at least one of whom shall be a veteran. (C) Two members appointed by the Majority Leader of the Senate, at least one of whom shall be a veteran. (D) Two members appointed by the Minority Leader of the Senate, at least one of whom shall be a veteran. (E) Two members appointed by the President, at least one of whom shall be a veteran. (2) Qualifications.--Members of the Commission shall be-- (A) individuals who are of recognized standing and distinction within the medical community with a background in treating mental health; and (B) individuals with experience working with the military and veteran population. (b) Chairman.--The President shall designate a member of the Commission to be the chairman. (c) Period of Appointment.--Members of the Commission shall be appointed for the life of the Commission. (d) Vacancy.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Appointment Deadline.--The appointment of members of the Commission in this section shall be made not later than 90 days after the date of the enactment of this Act. SEC. 4. POWERS OF COMMISSION. (a) Meeting.-- (1) Initial meeting.--The Commission shall hold its first meeting not later than 30 days after a majority of members are appointed to the Commission. (2) Meeting.--The Commission shall regularly meet at the call of the Chairman. Such meetings may be carried out through the use of telephonic or other appropriate telecommunication technology if the Commission determines that such technology will allow the members to communicate simultaneously. (b) Hearing.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive evidence as the Commission considers advisable to carry out the responsibilities of the Commission. (c) Information From Federal Agencies.--The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out the duties of the Commission. (d) Information From Nongovernmental Organizations.--In carrying out section 2(b), the Commission may seek guidance through consultation with foundations, veterans service organizations, nonprofit groups, faith-based organizations, private and public institutions of higher education, and other organizations as the Commission determines appropriate. (e) Commission Records.--The Commission shall keep an accurate and complete record of the actions and meetings of the Commission. Such record shall be made available for public inspection and the Comptroller General of the United States may audit and examine such record. (f) Personnel Matters.--Upon request of the chairman of the Commission, the head of any department or agency of the Federal Government may detail, on a reimbursable basis, any personnel of that department or agency to assist the Commission in carrying out the duties of the Commission. (g) Compensation of Members; Travel Expenses.--Each member shall serve without pay, except that each member shall receive travel expenses to perform the duties of the Commission under section 2(b) of this Act, including per diem in lieu of subsistence, at rates authorized under subchapter I of chapter 57 of title 5, United States Code. (h) Staff.--The Chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, without regard to the provision 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 a level IV of the Executive Schedule under section 5316 of title 5, United States Code. (i) Personnel as Federal Employees.-- (1) In general.--The executive director and any personnel of the Commission are employees under section 2105 of title 5, United States Code, for purpose of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (2) Members of the commission.--Paragraph (1) shall not be construed to apply to members of the Commission. (j) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriations Acts, enter into contracts to enable the Commission to discharge the duties of the Commission under this Act. (k) Expert and Consultant Service.--The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (l) Postal Service.--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. (m) Physical Facilities and Equipment.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. These administrative services may include human resource management, budget, leasing, accounting, and payroll services. SEC. 5. REPORT. (a) Interim Reports.-- (1) In general.--Not later than 60 days after the date on which the Commission first meets, and each 30-day period thereafter ending on the date on which the Commission submits the final report under subsection (b), the Commission shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate and the President a report detailing the level of cooperation the Secretary of Veterans Affairs (and the heads of other departments or agencies of the Federal Government) has provided to the Commission. (2) Other reports.--In carrying out the duties pursuant to section 2(b), at times that the Commission determines appropriate, the Commission shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate and any other appropriate entities an interim report with respect to the findings identified by the Commission. (b) Final Report.--Not later than 18 months after the first meeting of the Commission, the Commission shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate, the President, and the Secretary of Veterans Affairs a final report on the findings of the Commission. Such report shall include the following: (1) Recommendations to implement in a feasible, timely, and cost-effective manner the solutions and remedies identified within the findings of the Commission pursuant to section 2(b). (2) An analysis of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating veterans with mental health care issues, and an examination of the prevalence and efficacy of prescription drugs as a means for treatment. (3) The findings of the patient-centered survey conducted within each of the Veterans Integrated Service Networks pursuant to section 2(b)(2). (4) An examination of complementary alternative treatments described in section 2(b)(3) and the potential benefits of incorporating such treatments in the therapy model used by the Secretary for treating veterans with mental health issues. (c) Plan.--Not later than 90 days after the date on which the Commission submits the final report under subsection (b), the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the following: (1) An action plan for implementing the recommendations established by the Commission on such solutions and remedies for improving wellness-based outcomes for veterans with mental health care issues. (2) A feasible timeframe on when complementary alternative treatments described in section 2(b)(3) can be implemented Department-wide. (3) If the Secretary determines that implementing the recommendations established by the Commission, including with respect to such complementary alternative treatments, is not appropriate or feasible, a justification for such determination and an alternative solution to improve the efficacy of the therapy model used by the Secretary for treating veterans with mental health issues. SEC. 6. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the Commission submits the final report under section 5(b).

Creating Options for Veterans Expedited Recovery Act or the COVER Act - Establishes the Veterans Expedited Recovery Commission to: examine the efficacy of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating mental health illnesses of veterans and identify areas to improve wellness-based outcomes. Conduct a patient-centered survey within each of the Veterans Integrated Service Networks to examine the experience of veterans with the Department of Veterans Affairs (VA) when seeking medical assistance for mental health issues through the VA health care system, their experience with non-VA facilities and health professionals for such issues, their preferences regarding available treatments for such issues and which methods they believe to be most effective, their experience with complementary alternative treatment therapies, the prevalence of prescribing prescription medication among veterans seeking treatment through the VA health care system to address mental health issues, and the Secretary's outreach efforts regarding the availability of benefits and treatments for such issues. Examine available research on complementary alternative treatment therapies for mental health issues and identify what benefits could be made with the inclusion of such treatments for veterans. And study the potential increase in the approval by the Secretary of claims for compensation relating to mental health issues for veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn. Directs the Secretary, upon a report by the Commission, to submit: (1) an action plan for implementing recommendations and a time frame for implementing complementary alternative treatments, or (2) a justification for not doing so and an alternative solution to improve the efficacy of the therapy model.

COVER Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Creating Options for Veterans Expedited Recovery Act" or the "COVER Act". <SECTION-HEADER> ESTABLISHMENT AND DUTIES. Establishment. There is established the Veterans Expedited Recovery Commission . Duties. The Commission shall perform the following duties: Examine the efficacy of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating mental health illnesses of veterans and identify areas to improve wellness-based outcomes. Conduct a patient-centered survey within each of the Veterans Integrated Service Networks to examine the experience of veterans with the Department of Veterans Affairs when seeking medical assistance for mental health issues through the health care system of the Department. The experience of veterans with non-Department medical facilities and health professionals for treating mental health issues. The preferences of veterans regarding available treatments for mental health issues and which methods the veterans believe to be most effective. The experience, if any, of veterans with respect to the complementary alternative treatment therapies described in subparagraphs (A) through (I) in paragraph (3). The prevalence of prescribing prescription medication among veterans seeking treatment through the health care system of the Department as remedies for addressing mental health issues. And the outreach efforts of the Secretary regarding the availability of benefits and treatments for veterans for addressing mental health issues, including by identifying ways to reduce barriers to and gaps in such benefits and treatments. Examine available research on complementary alternative treatment therapies for mental health issues and identify what benefits could be made with the inclusion of such treatments for veterans, including with respect to music therapy, equine therapy, training and caring for service dogs, yoga therapy, acupuncture therapy, meditation therapy, outdoor sports therapy, hyperbaric oxygen therapy, accelerated resolution therapy. And other therapies the Commission determines appropriate. Study the potential increase in the approval by the Secretary of claims for compensation relating to mental health issues for veterans who served Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn. <SECTION-HEADER> MEMBERSHIP. Number and Appointment. In general. The Commission shall be composed of 10 members, appointed as follows: Two members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran. Two members appointed by the Minority Leader of the House of Representatives, at least one of whom shall be a veteran. Two members appointed by the Majority Leader of the Senate, at least one of whom shall be a veteran. Two members appointed by the Minority Leader of the Senate, at least one of whom shall be a veteran. Two members appointed by the President, at least one of whom shall be a veteran. Qualifications. Members of the Commission shall be individuals who are of recognized standing and distinction within the medical community with a background in treating mental health. And individuals with experience working with the military and veteran population. Chairman. The President shall designate a member of the Commission to be the chairman. Period of Appointment. Members of the Commission shall be appointed for the life of the Commission. Vacancy. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Appointment Deadline. The appointment of members of the Commission in this section shall be made not later than 90 days after the date of the enactment of this Act. <SECTION-HEADER> POWERS OF COMMISSION. Meeting. Initial meeting. The Commission shall hold its first meeting not later than 30 days after a majority of members are appointed to the Commission. Meeting. The Commission shall regularly meet at the call of the Chairman. Such meetings may be carried out through the use of telephonic or other appropriate telecommunication technology if the Commission determines that such technology will allow the members to communicate simultaneously. Hearing. The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive evidence as the Commission considers advisable to carry out the responsibilities of the Commission. Information From Federal Agencies. The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out the duties of the Commission. Information From Nongovernmental Organizations. In carrying out section 2(b), the Commission may seek guidance through consultation with foundations, veterans service organizations, nonprofit groups, faith-based organizations, private and public institutions of higher education, and other organizations as the Commission determines appropriate. Commission Records. The Commission shall keep an accurate and complete record of the actions and meetings of the Commission. Such record shall be made available for public inspection and the Comptroller General of the United States may audit and examine such record. Personnel Matters. Upon request of the chairman of the Commission, the head of any department or agency of the Federal Government may detail, on a reimbursable basis, any personnel of that department or agency to assist the Commission in carrying out the duties of the Commission. Compensation of Members. Travel Expenses. Each member shall serve without pay, except that each member shall receive travel expenses to perform the duties of the Commission under section 2(b) of this Act, including per diem in lieu of subsistence, at rates authorized under subchapter I of chapter 57 of title 5, United States Code. Staff. The Chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, without regard to the provision 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 a level IV of the Executive Schedule under section 5316 of title 5, United States Code. Personnel as Federal Employees. In general. The executive director and any personnel of the Commission are employees under section 2105 of title 5, United States Code, for purpose of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. Members of the commission. Paragraph (1) shall not be construed to apply to members of the Commission. Contracting. The Commission may, to such extent and in such amounts as are provided in appropriations Acts, enter into contracts to enable the Commission to discharge the duties of the Commission under this Act. Expert and Consultant Service. The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. Postal Service. 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. Physical Facilities and Equipment. Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. These administrative services may include human resource management, budget, leasing, accounting, and payroll services. <SECTION-HEADER> REPORT. Interim Reports. In general. Not later than 60 days after the date on which the Commission first meets, and each 30-day period thereafter ending on the date on which the Commission submits the final report under subsection (b), the Commission shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate and the President a report detailing the level of cooperation the Secretary of Veterans Affairs has provided to the Commission. Other reports. In carrying out the duties pursuant to section 2(b), at times that the Commission determines appropriate, the Commission shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate and any other appropriate entities an interim report with respect to the findings identified by the Commission. Final Report. Not later than 18 months after the first meeting of the Commission, the Commission shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate, the President, and the Secretary of Veterans Affairs a final report on the findings of the Commission. Such report shall include the following: Recommendations to implement in a feasible, timely, and cost-effective manner the solutions and remedies identified within the findings of the Commission pursuant to section 2(b). An analysis of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating veterans with mental health care issues, and an examination of the prevalence and efficacy of prescription drugs as a means for treatment. The findings of the patient-centered survey conducted within each of the Veterans Integrated Service Networks pursuant to section 2(b)(2). An examination of complementary alternative treatments described in section 2(b)(3) and the potential benefits of incorporating such treatments in the therapy model used by the Secretary for treating veterans with mental health issues. Plan. Not later than 90 days after the date on which the Commission submits the final report under subsection (b), the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the following: An action plan for implementing the recommendations established by the Commission on such solutions and remedies for improving wellness-based outcomes for veterans with mental health care issues. A feasible timeframe on when complementary alternative treatments described in section 2(b)(3) can be implemented Department-wide. If the Secretary determines that implementing the recommendations established by the Commission, including with respect to such complementary alternative treatments, is not appropriate or feasible, a justification for such determination and an alternative solution to improve the efficacy of the therapy model used by the Secretary for treating veterans with mental health issues. <SECTION-HEADER> TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the Commission submits the final report under section 5(b).

Creating Options for Veterans Expedited Recovery Act or the COVER Act - Establishes the Veterans Expedited Recovery Commission to: examine the efficacy of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating mental health illnesses of veterans and identify areas to improve wellness-based outcomes. Conduct a patient-centered survey within each of the Veterans Integrated Service Networks to examine the experience of veterans with the Department of Veterans Affairs (VA) when seeking medical assistance for mental health issues through the VA health care system, their experience with non-VA facilities and health professionals for such issues, their preferences regarding available treatments for such issues and which methods they believe to be most effective, their experience with complementary alternative treatment therapies, the prevalence of prescribing prescription medication among veterans seeking treatment through the VA health care system to address mental health issues, and the Secretary's outreach efforts regarding the availability of benefits and treatments for such issues. Examine available research on complementary alternative treatment therapies for mental health issues and identify what benefits could be made with the inclusion of such treatments for veterans. And study the potential increase in the approval by the Secretary of claims for compensation relating to mental health issues for veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn. Directs the Secretary, upon a report by the Commission, to submit: (1) an action plan for implementing recommendations and a time frame for implementing complementary alternative treatments, or (2) a justification for not doing so and an alternative solution to improve the efficacy of the therapy model.

COVER Act

103_hr3987

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rhinoceros and Tiger Conservation Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) The world's rhinoceros population is declining at an alarming rate, a 90 percent decline since 1970. (2) All rhinoceros species have been listed on Appendix I of CITES since 1977. (3) All rhinoceros species, except the southern subspecies of white rhinoceros, are listed as endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (4) In 1987, the parties to CITES adopted a resolution that urged all parties to establish a moratorium on the sale and trade in rhinoceros products (other than legally taken trophies), to destroy government stockpiles of rhinoceros horn, and to exert pressure on countries continuing to allow trade in rhinoceros products. (5) On September 7, 1993, under section 8 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978) the Secretary certified that the People's Republic of China and Taiwan were engaged in trade of rhinoceros parts and tiger parts that diminished the effectiveness of an international conservation program for that endangered species. (6) On September 9, 1993, the Standing Committee of CITES, in debating the continuing problem of trade in rhinoceros horn, adopted a resolution urging parties to CITES to implement stricter domestic measures, up to and including an immediate prohibition in trade in wildlife species. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To assist in the conservation of rhinoceros and tigers by supporting the conservation programs of nations whose activities affect rhinoceros and tiger populations, and the CITES Secretariat. (2) To provide financial resources for those programs. SEC. 4. DEFINITIONS. In this Act-- (1) ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973, and its appendices; (2) ``conservation'' means the use of all methods and procedures necessary to bring rhinoceros and tigers to the point at which there are sufficient populations to ensure that those species do not become extinct, including all activities associated with scientific resource management, such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transportation; (3) ``fish products'' means any aquatic species (including marine mammals and plants) exported from a country and all products and parts thereof, whether taken by fishing vessels of that country, or packed, processed, or otherwise prepared for export in that country or within its jurisdiction; (4) ``Fund'' means the Rhinoceros and Tiger Conservation Fund established under section 6(a); (5) ``Secretary'' means the Secretary of the Interior; and (6) ``wildlife products'' means any wild animal (other than an aquatic species which is a fish product) taken within a country and all products and parts thereof (including eggs), whether packed, processed, or otherwise prepared for export in that country or within its jurisdiction. This term does not include any wild animal or fish if brought or imported into the United States for scientific research or any legally taken sport-hunted trophies. SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSISTANCE. (a) In General.--The Secretary, subject to the availability of appropriations, shall use amounts in the Fund to provide financial assistance for projects for the conservation of rhinoceros and tigers. (b) Project Proposal.--A country whose activities affect rhinoceros or tiger populations, the CITES Secretariat, or any other person may submit to the Secretary a project proposal under this section. Each proposal shall-- (1) name the individual responsible for conducting the project; (2) state the purposes of the project succinctly; (3) describe the qualifications of the individuals who will conduct the project; (4) estimate the funds and time required to complete the project; (5) provide evidence of support of the project by appropriate governmental entities of countries in which the project will be conducted, if the Secretary determines that the support is required for the success of the project; and (6) provide any other information the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.--The Secretary shall review each project proposal to determine if it meets the criterion set forth in subsection (d). Not later than 6 months after receiving a project proposal, and subject to the availability of funds, the Secretary shall approve or disapprove the proposal and provide written notification to the person who submitted the proposal and to each country within which the project is to be conducted. (d) Criterion for Approval.--The Secretary may approve a project under this section if the project will enhance programs or activities for the conservation of rhinoceros or tigers. (e) Project Reporting.--Each person that receives assistance under this section for a project shall provide periodic reports to the Secretary as the Secretary considers necessary. Each report shall include all information requested by the Secretary for evaluating the progress and success of the project. SEC. 6. RHINOCEROS AND TIGER CONSERVATION FUND. (a) Establishment.--There is established in the general fund of the Treasury a separate account to be known as the ``Rhinoceros and Tiger Conservation Fund'', which shall consist of amounts deposited into the Fund by the Secretary of the Treasury under subsection (b). (b) Deposits Into the Fund.--The Secretary of the Treasury shall deposit into the Fund-- (1) all amounts received by the Secretary in the form of donations under subsection (d); and (2) other amounts appropriated to the Fund. (c) Use.-- (1) In general.--Subject to paragraph (2), the Secretary may use amounts in the Fund without further appropriation to provide assistance under section 5. (2) Administration.--Of amounts in the Fund available for each fiscal year, the Secretary may use not more than 6 percent to administer the Fund. (d) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 5. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. SEC. 7. SANCTIONS AGAINST FOREIGN COUNTRIES. (a) Initial Review and Certification.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall-- (1) review all foreign countries whose activities affect rhinoceros or tiger populations; and (2) if the Secretary finds that any citizen of a foreign country, directly or indirectly, is engaging in trade in products made from rhinoceros or tigers, or in another activity that adversely affects rhinoceros or tiger conservation, certify that fact to the President. (b) Consultation.--Not later than 30 days after the date of a certification under subsection (a)(2) with respect to a foreign country, the President shall enter into consultations with the government of the country that the certification has been made. (c) Moratorium on Importation.-- (1) Direction to establish.--Not later than 60 days after the date of a certification under subsection (a)(2) with respect to a foreign country, if consultations under subsection (b) are not satisfactorily concluded with the country the President shall direct the Secretary of the Treasury to establish a moratorium on the importation of all fish products and wildlife products from the country. (2) Implementation.--The Secretary of the Treasury shall establish and implement a moratorium pursuant to the direction of the President under paragraph (1), by not later than 45 days after the date the President directs the Secretary of the Treasury to establish the moratorium. (3) Public notice.--The Secretary of the Treasury shall provide public notice of a moratorium under this subsection before implementing the moratorium. (4) Subsequent review.--The Secretary shall periodically review the activities of citizens of a foreign country with respect to which a certification is made under subsection (a)(2) to determine if the reasons for making the certification no longer exist. (5) Termination of moratorium.--If, after notice and public comment, the Secretary determines that the reasons for making a certification under subsection (a)(2) with respect to a foreign country no longer exist the Secretary of the Treasury shall terminate a moratorium established for the country under this subsection. (d) Additional Economic Sanctions.-- (1) Determination of effectiveness of moratorium.--Not later than 6 months after the date of a certification under subsection (a)(2) with respect to a foreign country, the Secretary shall determine whether a moratorium under subsection (c) is insufficient to cause the foreign country to improve its efforts for the conservation of rhinoceros or tigers, as appropriate. (2) Certification.--The Secretary shall certify to the President each affirmative determination under paragraph (1) with respect to a foreign country. (3) Effect of certification.--Certification by the Secretary under paragraph (2) is deemed to be a certification under section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund $10,000,000 for each of fiscal years 1995, 1996, 1997, 1998, and 1999 to carry out this Act, to remain available until expended.

Rhinoceros and Tiger Conservation Act of 1994 - Establishes in the Treasury the Rhinoceros and Tiger Conservation Fund, to be used for conservation project purposes. Directs the Secretary of the Interior to use amounts from the Fund to provide financial assistance for worldwide projects for the conservation of rhinoceroses and tigers. Outlines provisions concerning the submission of projects for such assistance and review and approval by the Secretary. Provides sanctions against countries whose activities adversely affect rhinoceros or tiger conservation , including a moratorium on the importation from such country of any fish and wildlife products. Provides for the review and termination of such moratoriums in appropriate circumstances. Allows additional economic sanctions. Authorizes appropriations for FY 1995 through 1999.

Rhinoceros and Tiger Conservation Act of 1994

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Rhinoceros and Tiger Conservation Act of 1994". <SECTION-HEADER> FINDINGS. The Congress finds the following: The world's rhinoceros population is declining at an alarming rate, a 90 percent decline since 1970. All rhinoceros species have been listed on Appendix I of CITES since 1977. All rhinoceros species, except the southern subspecies of white rhinoceros, are listed as endangered species under the Endangered Species Act of 1973 . In 1987, the parties to CITES adopted a resolution that urged all parties to establish a moratorium on the sale and trade in rhinoceros products , to destroy government stockpiles of rhinoceros horn, and to exert pressure on countries continuing to allow trade in rhinoceros products. On September 7, 1993, under section 8 of the Fishermen's Protective Act of 1967 the Secretary certified that the People's Republic of China and Taiwan were engaged in trade of rhinoceros parts and tiger parts that diminished the effectiveness of an international conservation program for that endangered species. On September 9, 1993, the Standing Committee of CITES, in debating the continuing problem of trade in rhinoceros horn, adopted a resolution urging parties to CITES to implement stricter domestic measures, up to and including an immediate prohibition in trade in wildlife species. <SECTION-HEADER> PURPOSES. The purposes of this Act are the following: To assist in the conservation of rhinoceros and tigers by supporting the conservation programs of nations whose activities affect rhinoceros and tiger populations, and the CITES Secretariat. To provide financial resources for those programs. <SECTION-HEADER> DEFINITIONS. In this Act "CITES" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973, and its appendices. "conservation" means the use of all methods and procedures necessary to bring rhinoceros and tigers to the point at which there are sufficient populations to ensure that those species do not become extinct, including all activities associated with scientific resource management, such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transportation. "fish products" means any aquatic species exported from a country and all products and parts thereof, whether taken by fishing vessels of that country, or packed, processed, or otherwise prepared for export in that country or within its jurisdiction. "Fund" means the Rhinoceros and Tiger Conservation Fund established under section 6(a), "Secretary" means the Secretary of the Interior. And "wildlife products" means any wild animal taken within a country and all products and parts thereof , whether packed, processed, or otherwise prepared for export in that country or within its jurisdiction. This term does not include any wild animal or fish if brought or imported into the United States for scientific research or any legally taken sport-hunted trophies. <SECTION-HEADER> RHINOCEROS AND TIGER CONSERVATION ASSISTANCE. In General. The Secretary, subject to the availability of appropriations, shall use amounts in the Fund to provide financial assistance for projects for the conservation of rhinoceros and tigers. Project Proposal. A country whose activities affect rhinoceros or tiger populations, the CITES Secretariat, or any other person may submit to the Secretary a project proposal under this section. Each proposal shall name the individual responsible for conducting the project, state the purposes of the project succinctly. Describe the qualifications of the individuals who will conduct the project, estimate the funds and time required to complete the project. Provide evidence of support of the project by appropriate governmental entities of countries in which the project will be conducted, if the Secretary determines that the support is required for the success of the project. And provide any other information the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. Project Review and Approval. The Secretary shall review each project proposal to determine if it meets the criterion set forth in subsection (d). Not later than 6 months after receiving a project proposal, and subject to the availability of funds, the Secretary shall approve or disapprove the proposal and provide written notification to the person who submitted the proposal and to each country within which the project is to be conducted. Criterion for Approval. The Secretary may approve a project under this section if the project will enhance programs or activities for the conservation of rhinoceros or tigers. Project Reporting. Each person that receives assistance under this section for a project shall provide periodic reports to the Secretary as the Secretary considers necessary. Each report shall include all information requested by the Secretary for evaluating the progress and success of the project. <SECTION-HEADER> RHINOCEROS AND TIGER CONSERVATION FUND. Establishment. There is established in the general fund of the Treasury a separate account to be known as the "Rhinoceros and Tiger Conservation Fund", which shall consist of amounts deposited into the Fund by the Secretary of the Treasury under subsection (b). Deposits Into the Fund. The Secretary of the Treasury shall deposit into the Fund all amounts received by the Secretary in the form of donations under subsection (d). And other amounts appropriated to the Fund. Use. In general. Subject to paragraph (2), the Secretary may use amounts in the Fund without further appropriation to provide assistance under section 5. Administration. Of amounts in the Fund available for each fiscal year, the Secretary may use not more than 6 percent to administer the Fund. Acceptance and Use of Donations. The Secretary may accept and use donations to provide assistance under section 5. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. <SECTION-HEADER> SANCTIONS AGAINST FOREIGN COUNTRIES. Initial Review and Certification. Not later than 30 days after the date of the enactment of this Act, the Secretary shall review all foreign countries whose activities affect rhinoceros or tiger populations. And if the Secretary finds that any citizen of a foreign country, directly or indirectly, is engaging in trade in products made from rhinoceros or tigers, or in another activity that adversely affects rhinoceros or tiger conservation, certify that fact to the President. Consultation. Not later than 30 days after the date of a certification under subsection (a)(2) with respect to a foreign country, the President shall enter into consultations with the government of the country that the certification has been made. Moratorium on Importation. Direction to establish. Not later than 60 days after the date of a certification under subsection (a)(2) with respect to a foreign country, if consultations under subsection are not satisfactorily concluded with the country the President shall direct the Secretary of the Treasury to establish a moratorium on the importation of all fish products and wildlife products from the country. Implementation. The Secretary of the Treasury shall establish and implement a moratorium pursuant to the direction of the President under paragraph (1), by not later than 45 days after the date the President directs the Secretary of the Treasury to establish the moratorium. Public notice. The Secretary of the Treasury shall provide public notice of a moratorium under this subsection before implementing the moratorium. Subsequent review. The Secretary shall periodically review the activities of citizens of a foreign country with respect to which a certification is made under subsection (2) to determine if the reasons for making the certification no longer exist. Termination of moratorium. If, after notice and public comment, the Secretary determines that the reasons for making a certification under subsection (a)(2) with respect to a foreign country no longer exist the Secretary of the Treasury shall terminate a moratorium established for the country under this subsection. Additional Economic Sanctions. Determination of effectiveness of moratorium. Not later than 6 months after the date of a certification under subsection (a)(2) with respect to a foreign country, the Secretary shall determine whether a moratorium under subsection is insufficient to cause the foreign country to improve its efforts for the conservation of rhinoceros or tigers, as appropriate. Certification. The Secretary shall certify to the President each affirmative determination under paragraph (1) with respect to a foreign country. Effect of certification. Certification by the Secretary under paragraph (2) is deemed to be a certification under section 8(a) of the Fishermen's Protective Act of 1967 (22 USC. 1978(a)). <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund $10,000,000 for each of fiscal years 1995, 1996, 1997, 1998, and 1999 to carry out this Act, to remain available until expended.

Rhinoceros and Tiger Conservation Act of 1994 - Establishes in the Treasury the Rhinoceros and Tiger Conservation Fund, to be used for conservation project purposes. Directs the Secretary of the Interior to use amounts from the Fund to provide financial assistance for worldwide projects for the conservation of rhinoceroses and tigers. Outlines provisions concerning the submission of projects for such assistance and review and approval by the Secretary. Provides sanctions against countries whose activities adversely affect rhinoceros or tiger conservation , including a moratorium on the importation from such country of any fish and wildlife products. Provides for the review and termination of such moratoriums in appropriate circumstances. Allows additional economic sanctions. Authorizes appropriations for FY 1995 through 1999.

Rhinoceros and Tiger Conservation Act of 1994

111_hr6505

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pakistani Temporary Protected Status Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) The summer of 2010 produced Pakistan's worst flooding in 80 years. (2) The 2010 Pakistani floods began in July 2010 following heavy monsoon rains in the Khyber Pakhtunkhwa, Sindh, Punjab, and Balochistan regions of Pakistan and affected the Indus River basin. Flooding began on July 22, 2010, in the province of Baluchistan. (3) According to the United Nations, 20,000,000 people, one-eighth of the population, and nearly 62,000 square miles, one-fifth of the country, have been significantly affected by destruction of property, livelihood, and infrastructure. (4) The Pakistani Government reports that the floods have affected 82 of Pakistan's 122 districts. As a result, more than 12 million people require humanitarian assistance, with nearly 6 million victims lacking access to food, shelter, and water. (5) The Pakistani Government estimates that approximately 1.9 million houses were either damaged or destroyed and nearly 2,000 people have lost their lives. (6) Over 60,000 troops are involved in Pakistan's flood relief operations. (7) The floods severely devastated Pakistan's infrastructure including roads, bridges, schools, health clinics, electricity, and communications. More than 5,000 miles of roads and railways were washed away, along with some 7,000 schools and more than 400 health facilities. (8) In addition, about 17 million acres of Pakistan's most fertile croplands have been submerged by the floods, in a nation where farming is an economic mainstay. The waters have also killed more than 200,000 head of livestock, and washed away large quantities of stored commodities that feed millions throughout the year. (9) On August 14, 2010, the first documented case of cholera emerged in the town of Mingora. (10) On September 7, 2010, the International Labour Organization reported that more than 5.3 million jobs have been lost due to the floods. (11) Concerns are growing about the enduring toll of the disaster on Pakistan's overall economy, food supply, and political stability. (12) Temporary protected status allows aliens who do not legally qualify as refugees but are nonetheless fleeing or reluctant to return to potentially dangerous situations to temporarily remain in the United States. (13) Granting temporary protected status to nationals of Pakistan is consistent with the interests of the United States and promotes the values and morals that have made the United States strong. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that the extraordinary and temporary conditions caused by flooding in Pakistan qualifies Pakistan for designation under subparagraph (B) or (C) of section 244(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(1)), pursuant to which nationals of Pakistan would be eligible for temporary protected status in the United States. SEC. 4. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS. (a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Pakistan shall be treated as if it had been designated under subsection (b) of such section, subject to the provisions of this section. (2) Period of designation.--The initial period of such designation shall begin on the date of the enactment of this Act and shall remain in effect for 12 months. (b) Aliens Eligible.--In applying section 244 of such Act pursuant to the designation made under this section, subject to section 244(c)(3) of such Act, an alien who is a national of Pakistan is deemed to satisfy the requirements of section 244(c)(1) of such Act only if the alien-- (1) has been continuously physically present in the United States since July 22, 2010; (2) is admissible as an immigrant, except as otherwise provided under section 244(c)(2)(A) of such Act, and is not ineligible for temporary protected status under section 244(c)(2)(B) of such Act; and (3) registers for temporary protected status in a manner that the Secretary of Homeland Security shall establish. (c) Consent To Travel Abroad.--The Secretary of Homeland Security shall give the prior consent to travel abroad described in section 244(f)(3) of such Act to an alien who is granted temporary protected status pursuant to the designation made under this section, if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with such an authorization shall be treated the same as any other returning alien provided temporary protected status under section 244 of such Act.

Pakistani Temporary Protected Status Act of 2010 - Expresses the sense of Congress that the extraordinary and temporary conditions caused by flooding in Pakistan qualifies Pakistan for designation under the Immigration and Nationality Act pursuant to which its nationals would be eligible for temporary protected status (TPS) in the United States. Designates Pakistan as a TPS-eligible country for an initial 12-month period. Sets forth related TPS eligibility requirements, including continuous US presence since July 22, 2010. Requires the Secretary of Homeland Security (DHS) to give prior consent to such aliens for temporary trips abroad in emergency and extenuating circumstances.

To designate Pakistan under section 244 of the Immigration and Nationality Act to permit nationals of Pakistan to be eligible for temporary protected status under such section.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Pakistani Temporary Protected Status Act of 2010". <SECTION-HEADER> FINDINGS. The Congress finds the following: The summer of 2010 produced Pakistan's worst flooding in 80 years. The 2010 Pakistani floods began in July 2010 following heavy monsoon rains in the Khyber Pakhtunkhwa, Sindh, Punjab, and Balochistan regions of Pakistan and affected the Indus River basin. Flooding began on July 22, 2010, in the province of Baluchistan. According to the United Nations, 20,000,000 people, one-eighth of the population, and nearly 62,000 square miles, one-fifth of the country, have been significantly affected by destruction of property, livelihood, and infrastructure. The Pakistani Government reports that the floods have affected 82 of Pakistan's 122 districts. As a result, more than 12 million people require humanitarian assistance, with nearly 6 million victims lacking access to food, shelter, and water. The Pakistani Government estimates that approximately 1.9 million houses were either damaged or destroyed and nearly 2,000 people have lost their lives. Over 60,000 troops are involved in Pakistan's flood relief operations. The floods severely devastated Pakistan's infrastructure including roads, bridges, schools, health clinics, electricity, and communications. More than 5,000 miles of roads and railways were washed away, along with some 7,000 schools and more than 400 health facilities. In addition, about 17 million acres of Pakistan's most fertile croplands have been submerged by the floods, in a nation where farming is an economic mainstay. The waters have also killed more than 200,000 head of livestock, and washed away large quantities of stored commodities that feed millions throughout the year. On August 14, 2010, the first documented case of cholera emerged in the town of Mingora. On September 7, 2010, the International Labour Organization reported that more than 5.3 million jobs have been lost due to the floods. Concerns are growing about the enduring toll of the disaster on Pakistan's overall economy, food supply, and political stability. Temporary protected status allows aliens who do not legally qualify as refugees but are nonetheless fleeing or reluctant to return to potentially dangerous situations to temporarily remain in the United States. Granting temporary protected status to nationals of Pakistan is consistent with the interests of the United States and promotes the values and morals that have made the United States strong. <SECTION-HEADER> SENSE OF CONGRESS. It is the sense of the Congress that the extraordinary and temporary conditions caused by flooding in Pakistan qualifies Pakistan for designation under subparagraph (B) or (C) of section 244(b)(1) of the Immigration and Nationality Act (8 USC. 1254a(b)(1)), pursuant to which nationals of Pakistan would be eligible for temporary protected status in the United States. <SECTION-HEADER> DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS. Designation. In general. For purposes of section 244 of the Immigration and Nationality Act , Pakistan shall be treated as if it had been designated under subsection of such section, subject to the provisions of this section. Period of designation. The initial period of such designation shall begin on the date of the enactment of this Act and shall remain in effect for 12 months. Aliens Eligible. In applying section 244 of such Act pursuant to the designation made under this section, subject to section 244(c)(3) of such Act, an alien who is a national of Pakistan is deemed to satisfy the requirements of section 244(c)(1) of such Act only if the alien has been continuously physically present in the United States since July 22, 2010. Is admissible as an immigrant, except as otherwise provided under section 244(c)(2)(A) of such Act, and is not ineligible for temporary protected status under section 244(c)(2)(B) of such Act. And registers for temporary protected status in a manner that the Secretary of Homeland Security shall establish. Consent To Travel Abroad. The Secretary of Homeland Security shall give the prior consent to travel abroad described in section 244(f)(3) of such Act to an alien who is granted temporary protected status pursuant to the designation made under this section, if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with such an authorization shall be treated the same as any other returning alien provided temporary protected status under section 244 of such Act.

Pakistani Temporary Protected Status Act of 2010 - Expresses the sense of Congress that the extraordinary and temporary conditions caused by flooding in Pakistan qualifies Pakistan for designation under the Immigration and Nationality Act pursuant to which its nationals would be eligible for temporary protected status (TPS) in the United States. Designates Pakistan as a TPS-eligible country for an initial 12-month period. Sets forth related TPS eligibility requirements, including continuous US presence since July 22, 2010. Requires the Secretary of Homeland Security (DHS) to give prior consent to such aliens for temporary trips abroad in emergency and extenuating circumstances.

To designate Pakistan under section 244 of the Immigration and Nationality Act to permit nationals of Pakistan to be eligible for temporary protected status under such section.

111_hr4527

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate and Labor Electioneering Advertisement Reform Act'' or the ``CLEAR Act''. SEC. 2. STATEMENTS INCLUDED IN CAMPAIGN-RELATED COMMUNICATIONS FUNDED BY CORPORATIONS OR LABOR ORGANIZATIONS. (a) Requiring Statement Identifying Head of Corporation or Organization.--Section 318(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)) is amended-- (1) in paragraph (2), by striking ``Any communication'' and inserting ``Except as provided in paragraph (3), any communication''; and (2) by adding at the end the following new paragraph: ``(3) Special rules for communications paid for by corporations or labor organizations.-- ``(A) Disclosure statement required.--Any communication described in paragraph (3) of subsection (a) which is a corporate communication or a labor organization communication and which is transmitted through radio or television shall include, in addition to the requirements of that paragraph, the disclosure statement described in subparagraph (C). ``(B) Method of conveyance of statement.-- ``(i) Communications transmitted through radio.--In the case of a communication to which this paragraph applies which is transmitted through radio, the disclosure statement described in subparagraph (C) shall be made by audio in a clearly spoken manner by the applicable individual. ``(ii) Communications transmitted through television.--In the case of a communication to which this paragraph applies which is transmitted through television, the disclosure statement described in subparagraph (C) shall be conveyed by an unobscured, full-screen view of the applicable individual, or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual. The statement, together with a clearly readable logo of the corporation or labor organization (as the case may be), if any, shall also appear in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement and logo, for a period of at least 4 seconds. ``(C) Disclosure statement described.--The disclosure statement described in this subparagraph is the following: `I am _______, and _______ paid for this advertisement and approves its contents.', with-- ``(i) the first blank to be filled in with the name and title of the applicable individual; and ``(ii) the second blank to the filled in with the name of the corporation (in the case of a corporate communication) or the name of the labor organization (in the case of a labor organization communication). ``(D) Definitions.--In this paragraph-- ``(i) the term `applicable individual' means the chief executive officer of a corporation (with respect to a corporate communication) or the highest ranking officer of a labor organization (with respect to a labor organization communication); ``(ii) the term `corporate communication' means a communication paid for in whole or in part by a corporation, other than a communication paid for in whole by a separate segregated fund established by a corporation under section 316(b)(2)(C); and ``(iii) the term `labor organization communication' means a communication paid for in whole or in part by a labor organization, other than a communication paid for in whole by a separate segregated fund established by a labor organization under section 316(b)(2)(C).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to communications made on or after the date of the enactment of this Act.

Amends the Federal Election Campaign Act of 1971 to require certain campaign-related radio and television communications paid for by a corporation or labor organization to include a statement identifying the chief executive officer of the corporation or the president of the labor organization.

To amend the Federal Election Campaign Act of 1971 to require certain campaign-related communications paid for by a corporation or labor organization to include a statement identifying the chief executive officer of the corporation or the president of the labor organization, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Corporate and Labor Electioneering Advertisement Reform Act" or the "CLEAR Act". <SECTION-HEADER> STATEMENTS INCLUDED IN CAMPAIGN-RELATED COMMUNICATIONS FUNDED BY CORPORATIONS OR LABOR ORGANIZATIONS. Requiring Statement Identifying Head of Corporation or Organization. Section 318(d) of the Federal Election Campaign Act of 1971 (2 USC. 441d(d)) is amended in paragraph (2), by striking "Any communication" and inserting "Except as provided in paragraph (3), any communication". And by adding at the end the following new paragraph: Special rules for communications paid for by corporations or labor organizations. Disclosure statement required. Any communication described in paragraph (3) of subsection which is a corporate communication or a labor organization communication and which is transmitted through radio or television shall include, in addition to the requirements of that paragraph, the disclosure statement described in subparagraph (C). Method of conveyance of statement. Communications transmitted through radio. In the case of a communication to which this paragraph applies which is transmitted through radio, the disclosure statement described in subparagraph (C) shall be made by audio in a clearly spoken manner by the applicable individual. Communications transmitted through television. In the case of a communication to which this paragraph applies which is transmitted through television, the disclosure statement described in subparagraph (C) shall be conveyed by an unobscured, full-screen view of the applicable individual, or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual. The statement, together with a clearly readable logo of the corporation or labor organization , if any, shall also appear in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement and logo, for a period of at least 4 seconds. Disclosure statement described. The disclosure statement described in this subparagraph is the following: `I am , and paid for this advertisement and approves its contents.', with the first blank to be filled in with the name and title of the applicable individual. And the second blank to the filled in with the name of the corporation or the name of the labor organization . Definitions. In this paragraph the term `applicable individual' means the chief executive officer of a corporation or the highest ranking officer of a labor organization. The term `corporate communication' means a communication paid for in whole or in part by a corporation, other than a communication paid for in whole by a separate segregated fund established by a corporation under section 316(b)(2)(C). And the term `labor organization communication' means a communication paid for in whole or in part by a labor organization, other than a communication paid for in whole by a separate segregated fund established by a labor organization under section 316(b)(2)(C).". Effective Date. The amendment made by subsection (a) shall apply with respect to communications made on or after the date of the enactment of this Act.

Amends the Federal Election Campaign Act of 1971 to require certain campaign-related radio and television communications paid for by a corporation or labor organization to include a statement identifying the chief executive officer of the corporation or the president of the labor organization.

To amend the Federal Election Campaign Act of 1971 to require certain campaign-related communications paid for by a corporation or labor organization to include a statement identifying the chief executive officer of the corporation or the president of the labor organization, and for other purposes.

114_s3264

SECTION 1. SPECIAL RULE FOR CERTAIN FACILITIES GENERATING ELECTRICITY FROM BIOMASS AND MUNICIPAL SOLID WASTE. (a) In General.--Section 45(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Special rule for certain qualified facilities.-- ``(A) In general.--In the case of electricity produced at a qualified facility described in paragraph (3) or (7) of subsection (d) and placed in service before the date of the enactment of this paragraph, a taxpayer may elect to apply subsection (a)(2)(A)(ii) by substituting `the period beginning after December 31, 2016, and ending before January 1, 2018' for `the 10- year period beginning on the date the facility was originally placed in service'. ``(B) Limitation.--No credit shall be allowed under subsection (a) to any taxpayer making an election under this paragraph with respect to electricity produced and sold at a facility during any period which, when aggregated with all other periods for which a credit is allowed under this section with respect to electricity produced and sold at such facility, is in excess of 10 years.''. (b) Effective Date.--The amendment made by this section shall take effect on January 1, 2017. SEC. 2. MODIFICATION TO DEFINITION OF MUNICIPAL SOLID WASTE. (a) In General.--Paragraph (6) of section 45(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(6) Municipal solid waste.-- ``(A) In general.--The term `municipal solid waste' has the meaning given the term `solid waste' under section 2(27) of the Solid Waste Disposal Act (42 U.S.C. 6903), except that such term does not include-- ``(i) paper which is commonly recycled and which has been segregated from other solid waste (as so defined), or ``(ii) solid waste (as so defined) which is collected as part of a system which commingles commonly recycled paper with other solid waste which is not commonly recycled at any point from the time of collection through any materials recovery. ``(B) Special rule with respect to incidental and residual waste.--Subparagraph (A)(ii) shall not apply to-- ``(i) solid waste (as so defined) which only contains an incidental amount of commonly recycled paper, and ``(ii) solid waste (as so defined) which is residual waste generated at a materials recovery facility that receives and processes only paper and other recyclable materials containing no more than an incidental amount of non-recyclable solid waste. ``(C) No effect on existing processes.--Nothing in subparagraph (A) shall be interpreted to require a State or a political subdivision of a State, directly or indirectly, to change the systems, processes, or equipment it uses to collect, treat, dispose, or otherwise use municipal solid waste, within the meaning of the Solid Waste Disposal Act (42 U.S.C. 6903 et seq.), nor require a change to the regulations that implement subtitle D of such Act (42 U.S.C. 6901 et seq.).''. (b) Rules With Respect to Electricity Produced From Solid Waste.-- Subsection (e) of section 45 of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new paragraph: ``(13) Source of municipal solid waste feedstock.--In the case of a qualified facility that produces electricity both from municipal solid waste and other solid waste that is not a qualified energy resource-- ``(A) such facility shall be considered a qualified facility if it otherwise meets the requirements of subsection (d), and ``(B) subsection (a) shall only apply to that portion of the electricity produced from municipal solid waste.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

This bill amends the Internal Revenue Code, with respect to the tax credit for producing electricity from renewable resources, to allow a taxpayer to elect the application of such credit to open-loop biomass and trash facilities during the period beginning after December 31, 2016, and ending before January 1, 2018 . The bill limits the aggregate period during which a taxpayer can claim a tax credit with respect to a facility to 10 years. The bill also modifies the definition of quot, municipal solid wastequot. To specify that the term does not include solid waste collected as part of a system which commingles commonly recycled paper with other solid waste which is not commonly recycled at any point from the time of collection through any materials recovery. The bill includes exceptions for incidental and residual waste. In the case of a facility that produces electricity both from municipal solid waste and other solid waste that is not a qualified energy resource: (1) the facility is a qualified facility if it otherwise meets the requirements for qualified facilities, and (2) the credit only applies to the portion of the electricity produced from municipal solid waste.

A bill to amend the Internal Revenue Code of 1986 to modify the credit for production of electricity from renewable resources to allow a credit for certain open-loop biomass and trash facilities placed in service before the date of the enactment of this Act and to modify the definition of municipal solid waste.

<SECTION-HEADER> SPECIAL RULE FOR CERTAIN FACILITIES GENERATING ELECTRICITY FROM BIOMASS AND MUNICIPAL SOLID WASTE. In General. Section 45(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: Special rule for certain qualified facilities. In general. In the case of electricity produced at a qualified facility described in paragraph or (7) of subsection (d) and placed in service before the date of the enactment of this paragraph, a taxpayer may elect to apply subsection (a)(2)(A)(ii) by substituting `the period beginning after December 31, 2016, and ending before January 1, 2018' for `the 10- year period beginning on the date the facility was originally placed in service'. Limitation. No credit shall be allowed under subsection (a) to any taxpayer making an election under this paragraph with respect to electricity produced and sold at a facility during any period which, when aggregated with all other periods for which a credit is allowed under this section with respect to electricity produced and sold at such facility, is in excess of 10 years.". Effective Date. The amendment made by this section shall take effect on January 1, 2017. <SECTION-HEADER> MODIFICATION TO DEFINITION OF MUNICIPAL SOLID WASTE. In General. Paragraph (6) of section 45(c) of the Internal Revenue Code of 1986 is amended to read as follows: Municipal solid waste. In general. The term `municipal solid waste' has the meaning given the term `solid waste' under section 2(27) of the Solid Waste Disposal Act , except that such term does not include paper which is commonly recycled and which has been segregated from other solid waste , or solid waste which is collected as part of a system which commingles commonly recycled paper with other solid waste which is not commonly recycled at any point from the time of collection through any materials recovery. Special rule with respect to incidental and residual waste. Subparagraph (A)(ii) shall not apply to solid waste which only contains an incidental amount of commonly recycled paper, and solid waste which is residual waste generated at a materials recovery facility that receives and processes only paper and other recyclable materials containing no more than an incidental amount of non-recyclable solid waste. No effect on existing processes. Nothing in subparagraph (A) shall be interpreted to require a State or a political subdivision of a State, directly or indirectly, to change the systems, processes, or equipment it uses to collect, treat, dispose, or otherwise use municipal solid waste, within the meaning of the Solid Waste Disposal Act , nor require a change to the regulations that implement subtitle D of such Act .". Rules With Respect to Electricity Produced From Solid Waste. Subsection (e) of section 45 of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new paragraph: Source of municipal solid waste feedstock. In the case of a qualified facility that produces electricity both from municipal solid waste and other solid waste that is not a qualified energy resource such facility shall be considered a qualified facility if it otherwise meets the requirements of subsection (d), and subsection (a) shall only apply to that portion of the electricity produced from municipal solid waste.". Effective Date. The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

This bill amends the Internal Revenue Code, with respect to the tax credit for producing electricity from renewable resources, to allow a taxpayer to elect the application of such credit to open-loop biomass and trash facilities during the period beginning after December 31, 2016, and ending before January 1, 2018 . The bill limits the aggregate period during which a taxpayer can claim a tax credit with respect to a facility to 10 years. The bill also modifies the definition of quot, municipal solid wastequot. To specify that the term does not include solid waste collected as part of a system which commingles commonly recycled paper with other solid waste which is not commonly recycled at any point from the time of collection through any materials recovery. The bill includes exceptions for incidental and residual waste. In the case of a facility that produces electricity both from municipal solid waste and other solid waste that is not a qualified energy resource: (1) the facility is a qualified facility if it otherwise meets the requirements for qualified facilities, and (2) the credit only applies to the portion of the electricity produced from municipal solid waste.

A bill to amend the Internal Revenue Code of 1986 to modify the credit for production of electricity from renewable resources to allow a credit for certain open-loop biomass and trash facilities placed in service before the date of the enactment of this Act and to modify the definition of municipal solid waste.

115_s2181

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Families Credit Reporting Act of 2017''. SEC. 2. NOTICE OF STATUS AS AN ACTIVE DUTY MILITARY CONSUMER. The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended-- (1) in section 605 (15 U.S.C. 1681c), by adding at the end the following: ``(i) Notice of Status as an Active Duty Military Consumer.-- ``(1) In general.--With respect to an item of adverse information about a consumer that arises from the failure of the consumer to make any required payment on a debt or other obligation, if the action or inaction that gave rise to the item occurred while the consumer was an active duty military consumer-- ``(A) the consumer may provide appropriate proof, including official orders, to a consumer reporting agency that the consumer was an active duty military consumer at the time the action or inaction occurred; and ``(B) any consumer report provided by the consumer reporting agency that includes the item shall clearly and conspicuously disclose that the consumer was an active duty military consumer when the action or inaction that gave rise to the item occurred. ``(2) Model form.--The Bureau shall prepare a model form, which shall be made publicly available, including in an electronic format, by which a consumer may-- ``(A) notify, and provide appropriate proof to, a consumer reporting agency in a simple and easy manner, including electronically, that the consumer is or was an active duty military consumer; and ``(B) provide contact information of the consumer for the purpose of communicating with the consumer while the consumer is an active duty military consumer. ``(3) No adverse consequences.--Notice, whether provided by the model form described in paragraph (2) or otherwise, that a consumer is or was an active duty military consumer may not provide the sole basis for-- ``(A) with respect to a credit transaction between the consumer and a creditor, a creditor-- ``(i) denying an application of credit submitted by the consumer; ``(ii) revoking an offer of credit made to the consumer by the creditor; ``(iii) changing the terms of an existing credit arrangement with the consumer; or ``(iv) refusing to grant credit to the consumer in a substantially similar amount or on substantially similar terms requested by the consumer; ``(B) furnishing negative information relating to the creditworthiness of the consumer by or to a consumer reporting agency; or ``(C) except as otherwise provided in this title, a creditor or consumer reporting agency noting in the file of the consumer that the consumer is or was an active duty military consumer.''; (2) in section 605A (15 U.S.C. 1681c-1)-- (A) in subsection (c)-- (i) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; (ii) in the matter preceding subparagraph (A), as so redesignated, by striking ``Upon'' and inserting the following: ``(1) In general.--Upon''; and (iii) by adding at the end the following: ``(2) Negative information notification.--If a consumer reporting agency receives an item of adverse information about a consumer who has provided appropriate proof that the consumer is an active duty military consumer, the consumer reporting agency shall promptly notify the consumer, with a frequency, in a manner, and according to a timeline determined by the Bureau or specified by the consumer-- ``(A) that the consumer reporting agency has received the item of adverse information, along with a description of the item; and ``(B) the method by which the consumer may dispute the validity of the item. ``(3) Contact information for active duty military consumers.-- ``(A) In general.--If a consumer who has provided appropriate proof to a consumer reporting agency that the consumer is an active duty military consumer provides the consumer reporting agency with contact information for the purpose of communicating with the consumer while the consumer is an active duty military consumer, the consumer reporting agency shall use that contact information for all communications with the consumer while the consumer is an active duty military consumer. ``(B) Direct request.--Unless a consumer directs otherwise, the provision of contact information by the consumer under subparagraph (A) shall be deemed to be a request for the consumer to receive an active duty alert under paragraph (1). ``(4) Sense of congress.--It is the sense of Congress that any person making use of a consumer report that contains an item of adverse information with respect to a consumer should, if the action or inaction that gave rise to the item occurred while the consumer was an active duty military consumer, take that fact into account when evaluating the creditworthiness of the consumer.''; and (B) in subsection (e), by striking paragraph (3) and inserting the following: ``(3) subparagraphs (A) and (B) of subsection (c)(1), in the case of a referral under subsection (c)(1)(C).''; and (3) in section 611(a)(1) (15 U.S.C. 1681i(a)(1)), by adding at the end the following: ``(D) Notice of dispute related to active duty military consumers.--With respect to an item of information described under subparagraph (A) that is under dispute, if the consumer to whom the item relates has notified the consumer reporting agency conducting the investigation described in that subparagraph, and has provided appropriate proof, that the consumer was an active duty military consumer at the time the action or inaction that gave rise to the disputed item occurred, the consumer reporting agency shall-- ``(i) include that fact in the file of the consumer; and ``(ii) indicate that fact in each consumer report that includes the disputed item.''.

Military Families Credit Reporting Act of 2017 This bill amends the Fair Credit Reporting Act to: (1) allow a consumer to provide proof to a consumer reporting agency that an adverse credit report item occurred while on active duty, and (2) require a consumer reporting agency to provide an active duty military consumer's relevant active duty status on adverse credit report items. The Consumer Financial Protection Bureau is required to publish a model form that allows a consumer to: (1) notify a consumer reporting agency that the consumer is an active duty military consumer, and (2) provide contact information for communicating with the consumer while on active duty. Notice of active duty status may not be the basis for an adverse credit action. A consumer reporting agency must notify an active duty military consumer of negative information received about that consumer.

Military Families Credit Reporting Act of 2017

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Military Families Credit Reporting Act of 2017". <SECTION-HEADER> NOTICE OF STATUS AS AN ACTIVE DUTY MILITARY CONSUMER. The Fair Credit Reporting Act is amended in section 605 , by adding at the end the following: Notice of Status as an Active Duty Military Consumer. In general. With respect to an item of adverse information about a consumer that arises from the failure of the consumer to make any required payment on a debt or other obligation, if the action or inaction that gave rise to the item occurred while the consumer was an active duty military consumer the consumer may provide appropriate proof, including official orders, to a consumer reporting agency that the consumer was an active duty military consumer at the time the action or inaction occurred. And any consumer report provided by the consumer reporting agency that includes the item shall clearly and conspicuously disclose that the consumer was an active duty military consumer when the action or inaction that gave rise to the item occurred. Model form. The Bureau shall prepare a model form, which shall be made publicly available, including in an electronic format, by which a consumer may notify, and provide appropriate proof to, a consumer reporting agency in a simple and easy manner, including electronically, that the consumer is or was an active duty military consumer. And provide contact information of the consumer for the purpose of communicating with the consumer while the consumer is an active duty military consumer. No adverse consequences. Notice, whether provided by the model form described in paragraph (2) or otherwise, that a consumer is or was an active duty military consumer may not provide the sole basis for with respect to a credit transaction between the consumer and a creditor, a creditor denying an application of credit submitted by the consumer. Revoking an offer of credit made to the consumer by the creditor. Changing the terms of an existing credit arrangement with the consumer. Or refusing to grant credit to the consumer in a substantially similar amount or on substantially similar terms requested by the consumer. Furnishing negative information relating to the creditworthiness of the consumer by or to a consumer reporting agency. Or except as otherwise provided in this title, a creditor or consumer reporting agency noting in the file of the consumer that the consumer is or was an active duty military consumer.". In section 605A in subsection (c) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly. In the matter preceding subparagraph , as so redesignated, by striking "Upon" and inserting the following: In general. Upon". And by adding at the end the following: Negative information notification. If a consumer reporting agency receives an item of adverse information about a consumer who has provided appropriate proof that the consumer is an active duty military consumer, the consumer reporting agency shall promptly notify the consumer, with a frequency, in a manner, and according to a timeline determined by the Bureau or specified by the consumer that the consumer reporting agency has received the item of adverse information, along with a description of the item. And the method by which the consumer may dispute the validity of the item. Contact information for active duty military consumers. In general. If a consumer who has provided appropriate proof to a consumer reporting agency that the consumer is an active duty military consumer provides the consumer reporting agency with contact information for the purpose of communicating with the consumer while the consumer is an active duty military consumer, the consumer reporting agency shall use that contact information for all communications with the consumer while the consumer is an active duty military consumer. Direct request. Unless a consumer directs otherwise, the provision of contact information by the consumer under subparagraph (A) shall be deemed to be a request for the consumer to receive an active duty alert under paragraph (1). Sense of congress. It is the sense of Congress that any person making use of a consumer report that contains an item of adverse information with respect to a consumer should, if the action or inaction that gave rise to the item occurred while the consumer was an active duty military consumer, take that fact into account when evaluating the creditworthiness of the consumer.". And in subsection (e), by striking paragraph (3) and inserting the following: subparagraphs (A) and (B) of subsection (c)(1), in the case of a referral under subsection (c)(1)(C).". And in section 611(a)(1) (15 USC. 1681i(a)(1)), by adding at the end the following: Notice of dispute related to active duty military consumers. With respect to an item of information described under subparagraph (A) that is under dispute, if the consumer to whom the item relates has notified the consumer reporting agency conducting the investigation described in that subparagraph, and has provided appropriate proof, that the consumer was an active duty military consumer at the time the action or inaction that gave rise to the disputed item occurred, the consumer reporting agency shall include that fact in the file of the consumer. And indicate that fact in each consumer report that includes the disputed item.".

Military Families Credit Reporting Act of 2017 This bill amends the Fair Credit Reporting Act to: (1) allow a consumer to provide proof to a consumer reporting agency that an adverse credit report item occurred while on active duty, and (2) require a consumer reporting agency to provide an active duty military consumer's relevant active duty status on adverse credit report items. The Consumer Financial Protection Bureau is required to publish a model form that allows a consumer to: (1) notify a consumer reporting agency that the consumer is an active duty military consumer, and (2) provide contact information for communicating with the consumer while on active duty. Notice of active duty status may not be the basis for an adverse credit action. A consumer reporting agency must notify an active duty military consumer of negative information received about that consumer.

Military Families Credit Reporting Act of 2017

114_s685

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 quot, autocyclequot. 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-HEADER> SHORT TITLE. This Act may be cited as the Autocycle Safety Act. <SECTION-HEADER> MOTOR VEHICLE SAFETY STANDARDS. Defined Term. Section 30102(a) of title 49, United States Code, is amended by redesignating paragraphs (1) through (11) as paragraphs (2) through (12), respectively. And by inserting before paragraph (2), as redesignated, the following: `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.". Applicability of Motor Vehicle Safety Standards to Autocycles. Chapter 301 of title 49, United States Code, is amended in the table of sections, by striking the items relating to sections 30113 and 30114 and inserting the following: "30113. Exemptions. "30114. Autocycles.". In section 30113, by amending the section heading to read as follows: "Section 30113. Exemptions", by redesignating section 30114 as subsection (i) of section 30113. And by inserting after section 30113, as amended by paragraph (3), the following: "Section 30114. Autocycles 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 , a person satisfies the requirements set forth in section 30112(a) with regard to an autocycle if the autocycle 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 seating systems, belted occupant crash protection, seat belt assemblies, seat belt assembly anchorages, child restraint systems, roof crush resistance, child restraint anchorage systems, and flammability of interior materials. Meets the performance criteria relating to upper interior impact set forth in FMVSS 201 to the extent possible to reach the target points. Is equipped with a steering wheel air bag, 2 curtain side impact air bags, anti-lock brakes, and electronic stability control. And complies with the motor vehicle safety standards for motorcycles, as set forth in Part 571 of title 49, Code of Federal Regulations, relating to brake hoses, lamps, reflective devices, and associated equipment, rearview mirrors, motor vehicle brake fluids, new pneumatic tires, tire selection and rims, motorcycle brake systems, motorcycle controls and displays. And glazing materials . Applicability. In determining which motor vehicle safety standards are applicable to autocycles, the Secretary of Transportation shall apply motorcycle safety standards to those aspects of an autocycle's performance regulated through the motor vehicle safety standards applicable to motorcycles. And 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. Rulemaking. 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). Rulemaking. In issuing rules to preserve autocycle safety pursuant to paragraph (1), the Secretary shall provide autocycle manufacturers with appropriate lead time to comply with the safety standards set forth in such rules. And comply with the requirements and considerations set forth in subsections (a) and (b) of section 30111.". <SECTION-HEADER> AUTOCYCLE FUEL ECONOMY. Section 32901(a) of title 49, United States Code, is amended by redesignating paragraphs (3) through (19) as paragraphs (4) through (20), respectively. By inserting after paragraph (2) the following: `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.". In paragraph (4), as redesignated, by inserting "or an autocycle" after "a 4-wheeled vehicle". And in paragraph (19), as redesignated, by inserting "" after the "means an automobile".

Autocycle Safety Act This bill defines quot, autocyclequot. 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

109_s325

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Highway Borders Act of 2005''. SEC. 2. COORDINATED BORDER INFRASTRUCTURE PROGRAM. Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. Coordinated border infrastructure program ``(a) Definitions.--In this section: ``(1) Border region.--The term `border region' means the portion of a border State that is located within 100 kilometers of a land border crossing with Canada or Mexico. ``(2) Border state.--The term `border State' means any State that has a boundary in common with Canada or Mexico. ``(3) Commercial vehicle.--The term `commercial vehicle' means a vehicle that is used for the primary purpose of transporting cargo in international or interstate commercial trade. ``(4) Passenger vehicle.--The term `passenger vehicle' means a vehicle that is used for the primary purpose of transporting individuals. ``(b) Program.--The Secretary shall establish and implement a coordinated border infrastructure program under which the Secretary shall make allocations to border States for projects within a border region to improve the safe movement of people and goods at or across the border between the United States and Canada and the border between the United States and Mexico. ``(c) Eligible Uses.--Allocations to States under this section may only be used in a border region for-- ``(1) improvements to transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movements; ``(2) construction of highways and related safety and safety enforcement facilities that will facilitate vehicle and cargo movements relating to international trade; ``(3) operational improvements, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross-border vehicle and cargo movement; ``(4) international coordination of planning, programming, and border operation with Canada and Mexico relating to expediting cross-border vehicle and cargo movements; ``(5) projects in Canada or Mexico proposed by 1 or more border States that directly and predominantly facilitate cross- border vehicle and commercial cargo movements at the international gateways or ports of entry into a border region; and ``(6) planning and environmental studies. ``(d) Allocations of Funds.-- ``(1) In general.--For each fiscal year, the Secretary shall allocate among border States, in accordance with the formula described in paragraph (2), funds to be used in accordance with subsection (c). ``(2) Formula.--Subject to paragraph (3), the amount allocated to a border State under this paragraph shall be determined by the Secretary, as follows: ``(A) 25 percent in the ratio that-- ``(i) the average annual weight of all cargo entering the border State by commercial vehicle across the international border with Canada or Mexico, as the case may be; bears to ``(ii) the average annual weight of all cargo entering all border States by commercial vehicle across the international borders with Canada and Mexico. ``(B) 25 percent in the ratio that-- ``(i) the average trade value of all cargo imported into the border State and all cargo exported from the border State by commercial vehicle across the international border with Canada or Mexico, as the case may be; bears to ``(ii) the average trade value of all cargo imported into all border States and all cargo exported from all border States by commercial vehicle across the international borders with Canada and Mexico. ``(C) 25 percent in the ratio that-- ``(i) the number of commercial vehicles annually entering the border State across the international border with Canada or Mexico, as the case may be; bears to ``(ii) the number of all commercial vehicles annually entering all border States across the international borders with Canada and Mexico. ``(D) 25 percent in the ratio that-- ``(i) the number of passenger vehicles annually entering the border State across the international border with Canada or Mexico, as the case may be; bears to ``(ii) the number of all passenger vehicles annually entering all border States across the international borders with Canada and Mexico. ``(3) Data source.-- ``(A) In general.--The data used by the Secretary in making allocations under this subsection shall be based on the Bureau of Transportation Statistics Transborder Surface Freight Dataset (or other similar database). ``(B) Basis of calculation.--All formula calculations shall be made using the average values for the most recent 5-year period for which data are available. ``(4) Minimum allocation.--Notwithstanding paragraph (2), for each fiscal year, each border State shall receive at least \1/2\ of 1 percent of the funds made available for allocation under this paragraph for the fiscal year. ``(e) Cost Sharing.--The Federal share of the cost of a project carried out using funds allocated under this section shall not exceed 80 percent. ``(f) Transfer of Funds to the Administrator of General Services.-- ``(1) In general.--At the request of a State, funds allocated to the State under this section shall be transferred to the Administrator of General Services for the purpose of funding a project under the administrative jurisdiction of the Administrator in a border State if the Secretary determines, after consultation with the State transportation department, as appropriate, that-- ``(A) the Administrator should carry out the project; and ``(B) the Administrator agrees to use the funds to carry out the project. ``(2) No augmentation of appropriations.--Funds transferred under paragraph (1) shall not be considered to be an augmentation of the amount of appropriations made to the General Services Administration. ``(3) Administration.--Funds transferred under paragraph (1) shall be administered in accordance with the procedures applicable to the General Services Administration, except that the funds shall be available for obligation in the same manner as other funds apportioned under this chapter. ``(4) Transfer of obligation authority.--Obligation authority shall be transferred to the Administrator of General Services in the same manner and amount as funds are transferred for a project under paragraph (1). ``(g) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $200,000,000 for each of fiscal years 2006 through 2011. ``(2) Obligation authority.--Funds made available to carry out this section shall be available for obligation as if the funds were apportioned in accordance with section 104. ``(3) Exclusion from calculation of minimum guarantee.--The Secretary shall calculate the amounts to be allocated among the States under section 105 without regard to amounts made available to the States under this subsection.''. SEC. 3. CONFORMING AMENDMENTS. (a) Section 1101(a) of the Transportation Equity Act for the 21st Century (112 Stat. 111) is amended by striking paragraph (9) and inserting the following: ``(9) Coordinated border infrastructure program.--For the coordinated border infrastructure program under section 165 of title 23, United States Code, $200,000,000 for each of fiscal years 2006 through 2011.''. (b) Sections 1118 and 1119 of the Transportation Equity Act for the 21st Century (112 Stat. 161) are repealed. (c) The analysis for subchapter I of chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 164 the following: ``165. Coordinated border infrastructure program.''.

National Highway Borders Act of 2005 - Directs the Secretary of Transportation to establish and implement a coordinated border infrastructure program under which the Secretary shall make allocations to border States for projects within a border region to improve the safe movement of people and goods at or across the US-Canadian and US-Mexican borders. Permits allocations to States to be used in a border region only for specified: (1) improvements to transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movement. (2) construction of highways and related safety and safety enforcement facilities, (3) operational improvements, (4) international coordination of planning, programming, and border operation. (5) projects in Canada or Mexico proposed by border States that directly and predominantly facilitate cross-border vehicle and commercial cargo movements. And (6) planning and environmental studies. Directs the Secretary to allocate funds among border States on the basis of a specified formula. Sets the Federal cost share of projects under this Act at 80 percent.

A bill to amend title 23, United States Code, to establish programs to facilitate international and interstate trade.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "National Highway Borders Act of 2005". <SECTION-HEADER> COORDINATED BORDER INFRASTRUCTURE PROGRAM. Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following: "Section 165. Coordinated border infrastructure program Definitions. In this section: Border region. The term `border region' means the portion of a border State that is located within 100 kilometers of a land border crossing with Canada or Mexico. Border state. The term `border State' means any State that has a boundary in common with Canada or Mexico. Commercial vehicle. The term `commercial vehicle' means a vehicle that is used for the primary purpose of transporting cargo in international or interstate commercial trade. Passenger vehicle. The term `passenger vehicle' means a vehicle that is used for the primary purpose of transporting individuals. Program. The Secretary shall establish and implement a coordinated border infrastructure program under which the Secretary shall make allocations to border States for projects within a border region to improve the safe movement of people and goods at or across the border between the United States and Canada and the border between the United States and Mexico. Eligible Uses. Allocations to States under this section may only be used in a border region for improvements to transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movements. Construction of highways and related safety and safety enforcement facilities that will facilitate vehicle and cargo movements relating to international trade. Operational improvements, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross-border vehicle and cargo movement. International coordination of planning, programming, and border operation with Canada and Mexico relating to expediting cross-border vehicle and cargo movements. Projects in Canada or Mexico proposed by 1 or more border States that directly and predominantly facilitate cross- border vehicle and commercial cargo movements at the international gateways or ports of entry into a border region. And planning and environmental studies. Allocations of Funds. In general. For each fiscal year, the Secretary shall allocate among border States, in accordance with the formula described in paragraph (2), funds to be used in accordance with subsection (c). Formula. Subject to paragraph (3), the amount allocated to a border State under this paragraph shall be determined by the Secretary, as follows: 25 percent in the ratio that the average annual weight of all cargo entering the border State by commercial vehicle across the international border with Canada or Mexico, as the case may be. Bears to the average annual weight of all cargo entering all border States by commercial vehicle across the international borders with Canada and Mexico. 25 percent in the ratio that the average trade value of all cargo imported into the border State and all cargo exported from the border State by commercial vehicle across the international border with Canada or Mexico, as the case may be. Bears to the average trade value of all cargo imported into all border States and all cargo exported from all border States by commercial vehicle across the international borders with Canada and Mexico. 25 percent in the ratio that the number of commercial vehicles annually entering the border State across the international border with Canada or Mexico, as the case may be. Bears to the number of all commercial vehicles annually entering all border States across the international borders with Canada and Mexico. 25 percent in the ratio that the number of passenger vehicles annually entering the border State across the international border with Canada or Mexico, as the case may be. Bears to the number of all passenger vehicles annually entering all border States across the international borders with Canada and Mexico. Data source. In general. The data used by the Secretary in making allocations under this subsection shall be based on the Bureau of Transportation Statistics Transborder Surface Freight Dataset . Basis of calculation. All formula calculations shall be made using the average values for the most recent 5-year period for which data are available. Minimum allocation. Notwithstanding paragraph (2), for each fiscal year, each border State shall receive at least 12 of 1 percent of the funds made available for allocation under this paragraph for the fiscal year. Cost Sharing. The Federal share of the cost of a project carried out using funds allocated under this section shall not exceed 80 percent. Transfer of Funds to the Administrator of General Services. In general. At the request of a State, funds allocated to the State under this section shall be transferred to the Administrator of General Services for the purpose of funding a project under the administrative jurisdiction of the Administrator in a border State if the Secretary determines, after consultation with the State transportation department, as appropriate, that the Administrator should carry out the project. And the Administrator agrees to use the funds to carry out the project. No augmentation of appropriations. Funds transferred under paragraph (1) shall not be considered to be an augmentation of the amount of appropriations made to the General Services Administration. Administration. Funds transferred under paragraph shall be administered in accordance with the procedures applicable to the General Services Administration, except that the funds shall be available for obligation in the same manner as other funds apportioned under this chapter. Transfer of obligation authority. Obligation authority shall be transferred to the Administrator of General Services in the same manner and amount as funds are transferred for a project under paragraph (1). Funding. Authorization of appropriations. There is authorized to be appropriated from the Highway Trust Fund to carry out this section $200,000,000 for each of fiscal years 2006 through 2011. Obligation authority. Funds made available to carry out this section shall be available for obligation as if the funds were apportioned in accordance with section 104. Exclusion from calculation of minimum guarantee. The Secretary shall calculate the amounts to be allocated among the States under section 105 without regard to amounts made available to the States under this subsection.". <SECTION-HEADER> CONFORMING AMENDMENTS. Section 1101(a) of the Transportation Equity Act for the 21st Century is amended by striking paragraph (9) and inserting the following: Coordinated border infrastructure program. For the coordinated border infrastructure program under section 165 of title 23, United States Code, $200,000,000 for each of fiscal years 2006 through 2011.". Sections 1118 and 1119 of the Transportation Equity Act for the 21st Century are repealed. The analysis for subchapter I of chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 164 the following: "165. Coordinated border infrastructure program.".

National Highway Borders Act of 2005 - Directs the Secretary of Transportation to establish and implement a coordinated border infrastructure program under which the Secretary shall make allocations to border States for projects within a border region to improve the safe movement of people and goods at or across the US-Canadian and US-Mexican borders. Permits allocations to States to be used in a border region only for specified: (1) improvements to transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movement. (2) construction of highways and related safety and safety enforcement facilities, (3) operational improvements, (4) international coordination of planning, programming, and border operation. (5) projects in Canada or Mexico proposed by border States that directly and predominantly facilitate cross-border vehicle and commercial cargo movements. And (6) planning and environmental studies. Directs the Secretary to allocate funds among border States on the basis of a specified formula. Sets the Federal cost share of projects under this Act at 80 percent.

A bill to amend title 23, United States Code, to establish programs to facilitate international and interstate trade.

115_s1843

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop CEO Excessive Pay Act''. SEC. 2. DENIAL OF DEDUCTION FOR PAYMENTS OF EXCESSIVE COMPENSATION. (a) In General.--Section 162 of the Internal Revenue Code of 1986 is amended by inserting after subsection (h) the following new subsections: ``(i) Excessive Compensation.-- ``(1) In general.--No deduction shall be allowed under this chapter for any excessive compensation for any employee of the taxpayer. ``(2) Excessive compensation.--For purposes of this subsection, the term `excessive compensation' means, with respect to any employee, the amount by which the compensation for services performed by such employee during the taxable year exceeds the lesser of-- ``(A) the median of the compensation paid for services performed by all employees of the taxpayer during the taxable year, multiplied by 25, or ``(B) $1,000,000. ``(3) Other definitions and special rules.--For purposes of this subsection-- ``(A) Compensation.--The term `compensation' includes wages, salary, fees, commissions, fringe benefits, deferred compensation, retirement contributions, options, bonuses, property, and any other form of remuneration that the Secretary determines is appropriate. ``(B) Employer.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single taxpayer for purposes of this subsection. ``(C) Employee.--The term `employee' includes full- time, part-time, and seasonal employees. ``(4) Reporting.--Each employer which provides any excessive compensation to any employee during a taxable year shall file a report with the Secretary with respect to such taxable year including-- ``(A) the amount of compensation of the employee of the taxpayer receiving the lowest amount of compensation during such taxable year, ``(B) the amount of compensation of the employee of the taxpayer receiving the highest amount of compensation during such taxable year, ``(C) the median compensation of all employees of the taxpayer during such taxable year, ``(D) the number of employees of the taxpayer who are receiving excessive compensation during such taxable year, and ``(E) the amount of compensation of each employee described in subparagraph (D) during such taxable year. Such report shall be filed at such time and in such manner as the Secretary may require. ``(j) Fines Relating to Executive Compensation.--No deduction shall be allowed under this chapter for any fine paid to the Securities and Exchange Commission under section 16(h)(4) of the Securities Exchange Act of 1934.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. AMENDMENT TO THE SECURITIES EXCHANGE ACT OF 1934. (a) In General.--Section 16 of the Securities Exchange Act of 1934 (15 U.S.C. 78p) is amended by adding at the end the following: ``(h) Shareholder Approval of Executive Compensation.-- ``(1) Calculation of compensation.--For purposes of this subsection, the term `compensation' includes wages, salary, fees, commissions, fringe benefits, deferred compensation, retirement contributions, options, bonuses, property, and any other form of remuneration that the Commission, in consultation with the Secretary of the Treasury, determines is appropriate. ``(2) Limitation.-- ``(A) In general.--Except as provided in subparagraph (B), the compensation paid to an employee of an issuer in any taxable year may not exceed the lesser of-- ``(i) $1,000,000; or ``(ii) an amount that is 25 times the median amount of compensation paid to all employees of that issuer during that taxable year. ``(B) Exception.--An issuer may pay compensation described in subparagraph (A) to an employee of the issuer if, not more than 18 months before the last day of the taxable year in which the compensation is paid, not less than 50 percent of the shareholders of the issuer vote to approve the compensation through a proxy or consent or authorization for an annual or other meeting of the shareholders. ``(3) Proxy contents.--Proxy materials for a shareholder vote described in paragraph (2)(B) shall include, with respect to the most recent taxable year ending before the date on which the vote takes place-- ``(A) the amount of compensation paid to the lowest paid employee of the issuer; ``(B) the amount of compensation paid to the highest paid employee of the issuer; ``(C) the median amount of compensation paid to all employees of the issuer; ``(D) the number of employees of the issuer who are paid compensation in an amount that is more than 25 times the amount described in subparagraph (C); and ``(E) the total amount of compensation paid to the employees described in subparagraph (D). ``(4) Money penalty.-- ``(A) In general.--The Commission may impose a civil penalty against an issuer if-- ``(i) the issuer, in a taxable year, pays compensation to an employee of the issuer in an amount that exceeds the lesser of-- ``(I) $1,000,000; or ``(II) 25 times the median amount of compensation paid to all employees of that issuer during that taxable year; and ``(ii)(I) the issuer does not conduct a vote described in paragraph (2)(B) with respect to the compensation described in clause (i); or ``(II) less than 50 percent of the shareholders of the issuer vote to approve the compensation described in clause (i), in contravention of the requirement under paragraph (2)(B). ``(B) Amount of penalty.--The amount of the penalty imposed under subparagraph (A) shall be equal to the excess of-- ``(i) the compensation described in subparagraph (A)(i); over ``(ii) the lesser of-- ``(I) $1,000,000; or ``(II) the amount that is 25 times the median amount of compensation paid to all employees of the issuer during the taxable year in which that compensation is paid to that employee.''. (b) Deadline for Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall issue any final rules and regulations required to carry out section 16(h) of the Securities Exchange Act of 1934, as added by subsection (a).

Stop CEO Excessive Pay Act The bill amends the Internal Revenue Code, with respect to the deduction for trade or business expenses, to prohibit a deduction for excessive compensation for any employee of the taxpayer. quot, Excessive compensationquot. Is the amount by which the compensation for services performed by an employee during the year exceeds the lesser of: (1) the median of the compensation paid for services performed by all employees of the taxpayer during the taxable year, multiplied by 25. Or (2) $1 million. The bill amends the Securities Exchange Act of 1934 to: (1) prohibit an issuer from paying excessive compensation to an employee unless the compensation is approved by at least 50 of the shareholders, and (2) impose monetary penalties on issuers that violate the requirement. The bill also prohibits tax deductions for penalties paid to the Securities and Exchange Commission pursuant to this bill.

Stop CEO Excessive Pay Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Stop CEO Excessive Pay Act". <SECTION-HEADER> DENIAL OF DEDUCTION FOR PAYMENTS OF EXCESSIVE COMPENSATION. In General. Section 162 of the Internal Revenue Code of 1986 is amended by inserting after subsection (h) the following new subsections: Excessive Compensation. In general. No deduction shall be allowed under this chapter for any excessive compensation for any employee of the taxpayer. Excessive compensation. For purposes of this subsection, the term `excessive compensation' means, with respect to any employee, the amount by which the compensation for services performed by such employee during the taxable year exceeds the lesser of the median of the compensation paid for services performed by all employees of the taxpayer during the taxable year, multiplied by 25, or $1,000,000. Other definitions and special rules. For purposes of this subsection Compensation. The term `compensation' includes wages, salary, fees, commissions, fringe benefits, deferred compensation, retirement contributions, options, bonuses, property, and any other form of remuneration that the Secretary determines is appropriate. Employer. All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single taxpayer for purposes of this subsection. Employee. The term `employee' includes full- time, part-time, and seasonal employees. Reporting. Each employer which provides any excessive compensation to any employee during a taxable year shall file a report with the Secretary with respect to such taxable year including the amount of compensation of the employee of the taxpayer receiving the lowest amount of compensation during such taxable year, the amount of compensation of the employee of the taxpayer receiving the highest amount of compensation during such taxable year, the median compensation of all employees of the taxpayer during such taxable year, the number of employees of the taxpayer who are receiving excessive compensation during such taxable year, and the amount of compensation of each employee described in subparagraph (D) during such taxable year. Such report shall be filed at such time and in such manner as the Secretary may require. Fines Relating to Executive Compensation. No deduction shall be allowed under this chapter for any fine paid to the Securities and Exchange Commission under section 16(h)(4) of the Securities Exchange Act of 1934.". Effective Date. The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <SECTION-HEADER> AMENDMENT TO THE SECURITIES EXCHANGE ACT OF 1934. In General. Section 16 of the Securities Exchange Act of 1934 is amended by adding at the end the following: Shareholder Approval of Executive Compensation. Calculation of compensation. For purposes of this subsection, the term `compensation' includes wages, salary, fees, commissions, fringe benefits, deferred compensation, retirement contributions, options, bonuses, property, and any other form of remuneration that the Commission, in consultation with the Secretary of the Treasury, determines is appropriate. Limitation. In general. Except as provided in subparagraph (B), the compensation paid to an employee of an issuer in any taxable year may not exceed the lesser of $1,000,000. Or an amount that is 25 times the median amount of compensation paid to all employees of that issuer during that taxable year. Exception. An issuer may pay compensation described in subparagraph (A) to an employee of the issuer if, not more than 18 months before the last day of the taxable year in which the compensation is paid, not less than 50 percent of the shareholders of the issuer vote to approve the compensation through a proxy or consent or authorization for an annual or other meeting of the shareholders. Proxy contents. Proxy materials for a shareholder vote described in paragraph (2)(B) shall include, with respect to the most recent taxable year ending before the date on which the vote takes place the amount of compensation paid to the lowest paid employee of the issuer. The amount of compensation paid to the highest paid employee of the issuer. The median amount of compensation paid to all employees of the issuer. The number of employees of the issuer who are paid compensation in an amount that is more than 25 times the amount described in subparagraph (C). And the total amount of compensation paid to the employees described in subparagraph (D). Money penalty. In general. The Commission may impose a civil penalty against an issuer if the issuer, in a taxable year, pays compensation to an employee of the issuer in an amount that exceeds the lesser of $1,000,000. Or 25 times the median amount of compensation paid to all employees of that issuer during that taxable year. And (I) the issuer does not conduct a vote described in paragraph (2)(B) with respect to the compensation described in clause (i). Or less than 50 percent of the shareholders of the issuer vote to approve the compensation described in clause (i), in contravention of the requirement under paragraph (2)(B). Amount of penalty. The amount of the penalty imposed under subparagraph (A) shall be equal to the excess of the compensation described in subparagraph (A)(i), over the lesser of $1,000,000. Or the amount that is 25 times the median amount of compensation paid to all employees of the issuer during the taxable year in which that compensation is paid to that employee.". Deadline for Rulemaking. Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall issue any final rules and regulations required to carry out section 16(h) of the Securities Exchange Act of 1934, as added by subsection .

Stop CEO Excessive Pay Act The bill amends the Internal Revenue Code, with respect to the deduction for trade or business expenses, to prohibit a deduction for excessive compensation for any employee of the taxpayer. quot, Excessive compensationquot. Is the amount by which the compensation for services performed by an employee during the year exceeds the lesser of: (1) the median of the compensation paid for services performed by all employees of the taxpayer during the taxable year, multiplied by 25. Or (2) $1 million. The bill amends the Securities Exchange Act of 1934 to: (1) prohibit an issuer from paying excessive compensation to an employee unless the compensation is approved by at least 50 of the shareholders, and (2) impose monetary penalties on issuers that violate the requirement. The bill also prohibits tax deductions for penalties paid to the Securities and Exchange Commission pursuant to this bill.

Stop CEO Excessive Pay Act

111_hr5863

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Pollution Wildlife Protection Act''. SEC. 2. NOTICE OF EXPLORATION AND DEVELOPMENT AND PRODUCTION PLANS. (a) Notice of Exploration Plans.--Section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) is amended by adding at the end the following: ``(i) Public Notice.-- ``(1) The Secretary shall promptly publish notice in the Federal Register of the receipt of any application or plan submitted to the Secretary pursuant to this section, and make electronically available to the public any such applications or plans, except any information that the Secretary determines to be proprietary. ``(2) The Secretary shall promptly publish notice in the Federal Register of the Secretary's decision to approve, deny, or modify any application or plan submitted to the Secretary pursuant to this section.''. (b) Notice of Development and Production Plans.--Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 1351) is amended by adding at the end the following: ``(m) Public Notice.-- ``(1) The Secretary shall promptly publish notice in the Federal Register of the receipt of any application or plan submitted to the Secretary pursuant to this section, and make electronically available to the public any such applications or plans, except any information that the Secretary determines to be proprietary. ``(2) The Secretary shall promptly publish notice in the Federal Register of the Secretary's decision to approve, deny, or modify any plan submitted to the Secretary pursuant to this section.''. SEC. 3. APPLICATION OF DEVELOPMENT AND PRODUCTION PLAN REQUIREMENTS IN THE GULF OF MEXICO. Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 1351) is amended-- (1) by striking ``other than the Gulf of Mexico,'' each place it appears; and (2) by striking subsection (l). SEC. 4. ENSURING COMPLIANCE WITH OTHER LAWS. (a) Exploration Plans.--Section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) is further amended by adding at the end the following: ``(j) Certification of Compliance With Other Statutes.-- ``(1) In general.--The Secretary shall not approve any exploration plan or significant revision of an exploration plan, or grant any license or permit under this section, unless the Secretary certifies that-- ``(A) such plan, approval, permit, or license is in compliance with the National Environmental Policy Act (42 U.S.C. 4321 et seq.), Endangered Species Act (16 U.S.C. 1531 et seq.), Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1801 et seq.), Clean Water Act (33 U.S.C. 1251 et seq.), Coastal Zone Management Act (16 U.S.C. 1451 et seq.), and any other applicable statutes, regulations, and legal authorities; and ``(B) all permits and other authorizations required under such statutes, regulations, and legal authorities have been issued for activities to be conducted under such plan, approval, permit, or license. ``(2) Prior consultation required.--Prior to making such certification, the Secretary shall consult with any Federal agency that has jurisdiction by law with respect to those Acts, regulations, and authorities.''. (b) Development and Production Plans.--Section 25 of the Outer Continental Shelf Lands Act (43 U.S.C. 1351) is further amended by adding at the end the following: ``(n) Certification of Compliance With Other Statutes.-- ``(1) In general.--The Secretary shall not approve any development and production plan, or a significant revision of a development and production plan, unless the Secretary certifies that-- ``(A) such plan, approval, permit, or license is in compliance with the National Environmental Policy Act (42 U.S.C. 4321 et seq.), Endangered Species Act (16 U.S.C. 1531 et seq.), Marine Mammal Protection Act (16 U.S.C. 1361 et seq.), Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1801 et seq.), Clean Water Act (33 U.S.C. 1251 et seq.), Coastal Zone Management Act (16 U.S.C. 1451 et seq.), and any other applicable law and regulations; and ``(B) all permits and other authorizations required under such statutes, regulations, and legal authorities have been issued for activities to be conducted under such plan, approval, permit, or license. ``(2) Prior consultation required.--Prior to making such certification, the Secretary shall consult with any Federal agency that has jurisdiction by law with respect to those Acts or other applicable law and regulations.''. SEC. 5. CONSULTATION REQUIREMENTS FOR ENDANGERED SPECIES AND FISHERIES. Section 19 of the Outer Continental Shelf Lands Act (43 U.S.C. 1346) is amended-- (1) by striking so much as precedes subsection (a) and inserting the following: ``SEC. 19. CONSULTATION REQUIREMENTS.''; and (2) by adding at the end the following: ``(f) Consultation Requirements for Endangered Species and Fisheries.--The Secretary shall treat the notice of any lease sale, and the approval of any leasing program, exploration plan or permit, development and production plan, or development operation coordination document, or the significant revision of such a program, plan, permit, or document, as an agency action requiring consultation-- ``(1) with the Secretary of Commerce or of the Interior pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) for any listed species that occur in the proposed area of activity; and ``(2) with the Secretary of Commerce pursuant to section 305(b) of the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1855(b)).''. SEC. 6. CUMULATIVE IMPACTS ON MARINE MAMMAL SPECIES AND STOCKS AND SUBSISTENCE USE. Section 20 of the Outer Continental Shelf Lands Act (43 U.S.C. 1346) is amended by adding at the end the following: ``(g) Cumulative Impacts on Marine Mammal Species and Stocks and Subsistence Use.--In determining, pursuant to subparagraphs (A)(i) and (D)(i) of section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)), whether takings from specified activities administered under this title will have a negligible impact on a marine mammal species or stock, and not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses, the Secretary of Commerce or Interior shall incorporate any takings of such species or stock from any other reasonably foreseeable activities administered under this Act.''. SEC. 7. CITIZEN SUITS. (a) Additional Authority To Bring Action Under Other Statutes.-- Section 23 of the Outer Continental Shelf Lands Act (43 U.S.C. 1349) is amended by adding at the end the following: ``(d) Additional Authority To Bring Action Under Other Statutes.-- ``(1) Authority.--In addition to remedies available under other laws, any person may commence a civil action on the person's own behalf, against the United States and any other subject instrumentality or agency that is alleged to have approved a leasing program, lease sale, exploration plan or permit, or development and production plan, under section 18, 8, 10, or 25, respectively-- ``(A) without having prepared an environmental impact statement or environmental assessment pursuant to section 102(2)(C) of the National Environmental Policy Act 1969 (42 U.S.C. 4332), consulted with the Secretary of Commerce or Secretary of the Interior pursuant to section 7 of the Endangered Species Act 1973 (16 U.S.C. 1536), or consulted with the Secretary of Commerce pursuant to section 305 of the Magnuson- Stevens Fisheries Conservation and Management Act (16 U.S.C. 1855); or ``(B) without having complied with any other provision of such statutes, the provisions of Act this related to such statutes, or any regulation implementing or issued under their authority of such statutes. ``(2) Marine mammal protection act of 1972.-- ``(A) In general.--In addition to remedies available under other laws, any person may commence a civil action on the person's own behalf to enjoin any person who is alleged-- ``(i) to have failed to obtain proper authorization, pursuant to subparagraphs (A) and (D) of section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)), prior to commencing an activity that may take a marine mammal in exploration, development, or production activities administered under this Act; or ``(ii) to be in violation of any other provision of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), or any regulation issued under the authority thereof, with respect to exploration, development, or production activities administered under this Act. ``(B) Intervention; award of costs.--In any action under this paragraph-- ``(i) the Attorney General, at the request of the Secretary or of the Secretary of Commerce, may intervene on behalf of the United States as a matter of right; and ``(ii) the court, in issuing any final order, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.''. (b) Time To Bring Action.--Section 23(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1349(a)) is amended-- (1) in paragraph (2)(A)-- (A) by striking ``sixty days after the plaintiff has given'' and inserting ``the plaintiff giving''; and (B) by striking ``under oath''; and (2) by striking paragraph (3) and redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively. (c) Review of Approval of Leasing Program and Approval, Modification, or Disapproval of Plans.--Section 23(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 1349(c))-- (1) in paragraph (1), by inserting after ``District of Columbia'' the following: ``or in a United States court of appeals for a circuit in which an affected State is located''; (2) in paragraph (3)-- (A) by striking ``paragraphs (1) and (2)'' and inserting ``paragraph (1)''; and (B) by striking ``sixty'' and inserting ``90''; (3) in paragraph (5), by striking ``involved'' and inserting ``specified in paragraph (1)''; and (4) in paragraph (6), by striking the sentence beginning ``The findings of the Secretary''. (d) Nonrestriction Clause.--Nothing in this section shall restrict any right that any person (or class of persons) may have under any other statute or under common law to seek enforcement of such statute or to seek any other relief (including relief against the Secretary or other persons).

Oil Pollution Wildlife Protection Act - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of Energy (DOE) to publish in the Federal Register and make electronically available to the public the Secretary's decision to approve, deny, or modify any geological and geophysical exploration, development, or production plans. Repeals the exemption of the Gulf of Mexico from oil and gas development and production requirements for the outer Continental Shelf (OCS). Prohibits the Secretary from approving any geological and geophysical exploration, development, or production plan, or any significant plan revision, or from granting any license or permit unless the Secretary certifies that: (1) such plan is in compliance with specified statutes, regulations, and legal authorities. And (2) all requisite authorizations have been issued for activities to be conducted under the plan. Requires the Secretary to consult with the Secretaries of Commerce or of the Interior regarding any endangered species or fisheries that occur in the proposed area of activity. Requires the Secretaries of Commerce or of the Interior to incorporate in environmental studies of areas or regions included in an oil and gas lease sale or other lease any takings of marine mammal species or stock from any other reasonably foreseeable activities when determining whether takings from specified OCSLA activities will have a negligible impact on a marine mammal species or stock, and not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses. Permits citizen suits against the United States and any other subject instrumentality or agency that is alleged to have approved a leasing program, lease sale, exploration plan or permit, or development and production plan, without having prepared an environmental impact statement or environmental assessment, or without having complied with other related requirements. Authorizes a person to commence a civil action on the person's own behalf to enjoin any person alleged to have failed to obtain proper authorization pursuant to the Marine Mammal Protection Act of 1972.

To amend the Outer Continental Shelf Lands Act with regard to oversight and judicial review in connection with offshore oil production and exploration, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Oil Pollution Wildlife Protection Act". <SECTION-HEADER> NOTICE OF EXPLORATION AND DEVELOPMENT AND PRODUCTION PLANS. Notice of Exploration Plans. Section 11 of the Outer Continental Shelf Lands Act is amended by adding at the end the following: Public Notice. The Secretary shall promptly publish notice in the Federal Register of the receipt of any application or plan submitted to the Secretary pursuant to this section, and make electronically available to the public any such applications or plans, except any information that the Secretary determines to be proprietary. The Secretary shall promptly publish notice in the Federal Register of the Secretary's decision to approve, deny, or modify any application or plan submitted to the Secretary pursuant to this section.". Notice of Development and Production Plans. Section 25 of the Outer Continental Shelf Lands Act is amended by adding at the end the following: Public Notice. The Secretary shall promptly publish notice in the Federal Register of the receipt of any application or plan submitted to the Secretary pursuant to this section, and make electronically available to the public any such applications or plans, except any information that the Secretary determines to be proprietary. The Secretary shall promptly publish notice in the Federal Register of the Secretary's decision to approve, deny, or modify any plan submitted to the Secretary pursuant to this section.". <SECTION-HEADER> APPLICATION OF DEVELOPMENT AND PRODUCTION PLAN REQUIREMENTS IN THE GULF OF MEXICO. Section 25 of the Outer Continental Shelf Lands Act is amended by striking "other than the Gulf of Mexico," each place it appears. And by striking subsection (l). <SECTION-HEADER> ENSURING COMPLIANCE WITH OTHER LAWS. Exploration Plans. Section 11 of the Outer Continental Shelf Lands Act is further amended by adding at the end the following: Certification of Compliance With Other Statutes. In general. The Secretary shall not approve any exploration plan or significant revision of an exploration plan, or grant any license or permit under this section, unless the Secretary certifies that such plan, approval, permit, or license is in compliance with the National Environmental Policy Act , Endangered Species Act , Marine Mammal Protection Act , Magnuson-Stevens Fisheries Conservation and Management Act , Clean Water Act , Coastal Zone Management Act , and any other applicable statutes, regulations, and legal authorities. And all permits and other authorizations required under such statutes, regulations, and legal authorities have been issued for activities to be conducted under such plan, approval, permit, or license. Prior consultation required. Prior to making such certification, the Secretary shall consult with any Federal agency that has jurisdiction by law with respect to those Acts, regulations, and authorities.". Development and Production Plans. Section 25 of the Outer Continental Shelf Lands Act is further amended by adding at the end the following: Certification of Compliance With Other Statutes. In general. The Secretary shall not approve any development and production plan, or a significant revision of a development and production plan, unless the Secretary certifies that such plan, approval, permit, or license is in compliance with the National Environmental Policy Act , Endangered Species Act , Marine Mammal Protection Act , Magnuson-Stevens Fisheries Conservation and Management Act , Clean Water Act , Coastal Zone Management Act , and any other applicable law and regulations. And all permits and other authorizations required under such statutes, regulations, and legal authorities have been issued for activities to be conducted under such plan, approval, permit, or license. Prior consultation required. Prior to making such certification, the Secretary shall consult with any Federal agency that has jurisdiction by law with respect to those Acts or other applicable law and regulations.". <SECTION-HEADER> CONSULTATION REQUIREMENTS FOR ENDANGERED SPECIES AND FISHERIES. Section 19 of the Outer Continental Shelf Lands Act is amended by striking so much as precedes subsection (a) and inserting the following: "Section 19. CONSULTATION REQUIREMENTS.". And by adding at the end the following: Consultation Requirements for Endangered Species and Fisheries. The Secretary shall treat the notice of any lease sale, and the approval of any leasing program, exploration plan or permit, development and production plan, or development operation coordination document, or the significant revision of such a program, plan, permit, or document, as an agency action requiring consultation with the Secretary of Commerce or of the Interior pursuant to section 7 of the Endangered Species Act of 1973 for any listed species that occur in the proposed area of activity. And with the Secretary of Commerce pursuant to section 305(b) of the Magnuson-Stevens Fisheries Conservation and Management Act (16 USC. 1855(b)).". <SECTION-HEADER> CUMULATIVE IMPACTS ON MARINE MAMMAL SPECIES AND STOCKS AND SUBSISTENCE USE. Section 20 of the Outer Continental Shelf Lands Act is amended by adding at the end the following: Cumulative Impacts on Marine Mammal Species and Stocks and Subsistence Use. In determining, pursuant to subparagraphs (A)(i) and (i) of section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 USC. 1371(a)(5)), whether takings from specified activities administered under this title will have a negligible impact on a marine mammal species or stock, and not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses, the Secretary of Commerce or Interior shall incorporate any takings of such species or stock from any other reasonably foreseeable activities administered under this Act.". <SECTION-HEADER> CITIZEN SUITS. Additional Authority To Bring Action Under Other Statutes. Section 23 of the Outer Continental Shelf Lands Act is amended by adding at the end the following: Additional Authority To Bring Action Under Other Statutes. Authority. In addition to remedies available under other laws, any person may commence a civil action on the person's own behalf, against the United States and any other subject instrumentality or agency that is alleged to have approved a leasing program, lease sale, exploration plan or permit, or development and production plan, under section 18, 8, 10, or 25, respectively without having prepared an environmental impact statement or environmental assessment pursuant to section 102(2)(C) of the National Environmental Policy Act 1969 , consulted with the Secretary of Commerce or Secretary of the Interior pursuant to section 7 of the Endangered Species Act 1973 , or consulted with the Secretary of Commerce pursuant to section 305 of the Magnuson- Stevens Fisheries Conservation and Management Act. Or without having complied with any other provision of such statutes, the provisions of Act this related to such statutes, or any regulation implementing or issued under their authority of such statutes. Marine mammal protection act of 1972. In general. In addition to remedies available under other laws, any person may commence a civil action on the person's own behalf to enjoin any person who is alleged to have failed to obtain proper authorization, pursuant to subparagraphs (A) and (D) of section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 USC. 1371(a)(5)), prior to commencing an activity that may take a marine mammal in exploration, development, or production activities administered under this Act. Or to be in violation of any other provision of the Marine Mammal Protection Act of 1972 , or any regulation issued under the authority thereof, with respect to exploration, development, or production activities administered under this Act. Intervention. Award of costs. In any action under this paragraph the Attorney General, at the request of the Secretary or of the Secretary of Commerce, may intervene on behalf of the United States as a matter of right. And the court, in issuing any final order, may award costs of litigation to any party, whenever the court determines such award is appropriate.". Time To Bring Action. Section 23(a) of the Outer Continental Shelf Lands Act (43 USC. 1349(a)) is amended in paragraph (2)(A) by striking "sixty days after the plaintiff has given" and inserting "the plaintiff giving", and by striking "under oath". And by striking paragraph (3) and redesignating paragraphs through (6) as paragraphs (3) through (5), respectively. Review of Approval of Leasing Program and Approval, Modification, or Disapproval of Plans. Section 23(c) of the Outer Continental Shelf Lands Act (43 USC. 1349(c)) in paragraph (1), by inserting after "District of Columbia" the following: "or in a United States court of appeals for a circuit in which an affected State is located". In paragraph (3) by striking "paragraphs (1) and (2)" and inserting "paragraph (1)", and by striking "sixty" and inserting "90". In paragraph (5), by striking "involved" and inserting "specified in paragraph (1)". And in paragraph (6), by striking the sentence beginning "The findings of the Secretary". Nonrestriction Clause. Nothing in this section shall restrict any right that any person may have under any other statute or under common law to seek enforcement of such statute or to seek any other relief .

Oil Pollution Wildlife Protection Act - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of Energy (DOE) to publish in the Federal Register and make electronically available to the public the Secretary's decision to approve, deny, or modify any geological and geophysical exploration, development, or production plans. Repeals the exemption of the Gulf of Mexico from oil and gas development and production requirements for the outer Continental Shelf (OCS). Prohibits the Secretary from approving any geological and geophysical exploration, development, or production plan, or any significant plan revision, or from granting any license or permit unless the Secretary certifies that: (1) such plan is in compliance with specified statutes, regulations, and legal authorities. And (2) all requisite authorizations have been issued for activities to be conducted under the plan. Requires the Secretary to consult with the Secretaries of Commerce or of the Interior regarding any endangered species or fisheries that occur in the proposed area of activity. Requires the Secretaries of Commerce or of the Interior to incorporate in environmental studies of areas or regions included in an oil and gas lease sale or other lease any takings of marine mammal species or stock from any other reasonably foreseeable activities when determining whether takings from specified OCSLA activities will have a negligible impact on a marine mammal species or stock, and not have an unmitigable adverse impact on the availability of such species or stock for taking for subsistence uses. Permits citizen suits against the United States and any other subject instrumentality or agency that is alleged to have approved a leasing program, lease sale, exploration plan or permit, or development and production plan, without having prepared an environmental impact statement or environmental assessment, or without having complied with other related requirements. Authorizes a person to commence a civil action on the person's own behalf to enjoin any person alleged to have failed to obtain proper authorization pursuant to the Marine Mammal Protection Act of 1972.

To amend the Outer Continental Shelf Lands Act with regard to oversight and judicial review in connection with offshore oil production and exploration, and for other purposes.

103_s1830

-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-. -T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-S-m-a-l-l -B-u-s-i-n-e-s-s -D-e-f-e-n-s-e -C-o-n-v-e-r-s-i-o-n -G-u-a-r-a-n-t-e-e-d -L-o-a-n -A-c-t -o-f -1-9-9-4-'-'-. -S-E-C-. -2-. -A-U-T-H-O-R-I-Z-A-T-I-O-N-S-. -S-e-c-t-i-o-n -2-0 -o-f -t-h-e -S-m-a-l-l -B-u-s-i-n-e-s-s -A-c-t -(-1-5 -U-.-S-.-C-. -6-3-1 -n-o-t-e-) -i-s -a-m-e-n-d-e-d--- -(-1-) -i-n -s-u-b-s-e-c-t-i-o-n -(-l-)-, -a-s -a-d-d-e-d -b-y -s-e-c-t-i-o-n -4-0-5-(-3-) -o-f -t-h-e -S-m-a-l-l -B-u-s-i-n-e-s-s -C-r-e-d-i-t -a-n-d -B-u-s-i-n-e-s-s -O-p-p-o-r-t-u-n-i-t-y -E-n-h-a-n-c-e-m-e-n-t -A-c-t -o-f -1-9-9-2--- -(-A-) -b-y -s-t-r-i-k-i-n-g -`-`-(-l-) -T-h-e-r-e-'-' -a-n-d -i-n-s-e-r-t-i-n-g -`-`-(-3-) -T-h-e-r-e-'-' -a-n-d -i-n-d-e-n-t-i-n-g -a-p-p-r-o-p-r-i-a-t-e-l-y-; -a-n-d -(-B-) -b-y -s-t-r-i-k-i-n-g -`-`-s-u-b-s-e-c-t-i-o-n -(-k-)-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g -`-`-p-a-r-a-g-r-a-p-h-s -(-1-) -a-n-d -(-2-)-'-'-; -(-2-) -b-y -r-e-d-e-s-i-g-n-a-t-i-n-g -s-u-b-s-e-c-t-i-o-n -(-k-)-, -a-s -a-d-d-e-d -b-y -s-e-c-t-i-o-n -4-0-5-(-3-) -o-f -t-h-e -S-m-a-l-l -B-u-s-i-n-e-s-s -C-r-e-d-i-t -a-n-d -B-u-s-i-n-e-s-s -O-p-p-o-r-t-u-n-i-t-y -A-c-t -o-f -1-9-9-2-, -a-s -s-u-b-s-e-c-t-i-o-n -(-l-)-; -(-3-) -i-n -s-u-b-s-e-c-t-i-o-n -(-l-)-, -a-s -s-o -r-e-d-e-s-i-g-n-a-t-e-d-, -b-y -i-n-s-e-r-t-i-n-g -a-f-t-e-r -p-a-r-a-g-r-a-p-h -(-1-)-, -t-h-e -f-o-l-l-o-w-i-n-g -n-e-w -p-a-r-a-g-r-a-p-h-: -`-`-(-2-) -T-h-e -A-d-m-i-n-i-s-t-r-a-t-i-o-n -i-s -a-u-t-h-o-r-i-z-e-d -t-o -m-a-k-e -n-o-t -m-o-r-e -t-h-a-n -$-4-,-0-0-0-,-0-0-0-,-0-0-0 -i-n -l-o-a-n-s -o-n -a -g-u-a-r-a-n-t-e-e-d -b-a-s-i-s-, -i-n -a-c-c-o-r-d-a-n-c-e -w-i-t-h -s-e-c-t-i-o-n -7-(-a-)-(-2-1-)-, -s-u-c-h -a-m-o-u-n-t -t-o -r-e-m-a-i-n -a-v-a-i-l-a-b-l-e -u-n-t-i-l -e-x-p-e-n-d-e-d-.-'-'-; -(-4-) -i-n -s-u-b-s-e-c-t-i-o-n -(-n-)--- -(-A-) -b-y -s-t-r-i-k-i-n-g -`-`-(-n-) -T-h-e-r-e-'-' -a-n-d -i-n-s-e-r-t-i-n-g -`-`-(-3-) -T-h-e-r-e-'-' -a-n-d -i-n-d-e-n-t-i-n-g -a-p-p-r-o-p-r-i-a-t-e-l-y-; -a-n-d -(-B-) -b-y -s-t-r-i-k-i-n-g -`-`-s-u-b-s-e-c-t-i-o-n -(-m-)-'-' -a-n-d -i-n-s-e-r-t-i-n-g -`-`-p-a-r-a-g-r-a-p-h-s -(-1-) -a-n-d -(-2-)-'-'-; -(-5-) -i-n -s-u-b-s-e-c-t-i-o-n -(-m-)-, -b-y -i-n-s-e-r-t-i-n-g -a-f-t-e-r -p-a-r-a-g-r-a-p-h -(-1-)-, -t-h-e -f-o-l-l-o-w-i-n-g -n-e-w -p-a-r-a-g-r-a-p-h-: -`-`-(-2-) -T-h-e -A-d-m-i-n-i-s-t-r-a-t-i-o-n -i-s -a-u-t-h-o-r-i-z-e-d -t-o -m-a-k-e -n-o-t -m-o-r-e -t-h-a-n -$-4-,-0-0-0-,-0-0-0-,-0-0-0 -i-n -l-o-a-n-s -o-n -a -g-u-a-r-a-n-t-e-e-d -b-a-s-i-s-, -i-n -a-c-c-o-r-d-a-n-c-e -w-i-t-h -s-e-c-t-i-o-n -7-(-a-)-(-2-1-)-, -s-u-c-h -a-m-o-u-n-t -t-o -r-e-m-a-i-n -a-v-a-i-l-a-b-l-e -u-n-t-i-l -e-x-p-e-n-d-e-d-.-'-'-; -(-6-) -b-y -r-e-d-e-s-i-g-n-a-t-i-n-g -s-u-b-s-e-c-t-i-o-n -(-o-) -a-s -s-u-b-s-e-c-t-i-o-n -(-n-)-; -a-n-d -(-7-) -i-n -s-u-b-s-e-c-t-i-o-n -(-p-)--- -(-A-) -b-y -s-t-r-i-k-i-n-g -`-`-(-p-) -T-h-e-r-e-'-' -a-n-d -i-n-s-e-r-t-i-n-g -`-`-(-2-) -T-h-e-r-e-'-'-, -a-n-d -i-n-d-e-n-t-i-n-g -a-p-p-r-o-p-r-i-a-t-e-l-y-; -a-n-d -(-B-) -b-y -s-t-r-i-k-i-n-g -`-`-s-u-b-s-e-c-t-i-o-n -(-o-)-'-' -a-n-d -i-n-s-e-r-t-i-n-g -`-`-p-a-r-a-g-r-a-p-h -(-1-)-'-'-. -S-E-C-. -3-. -T-E-C-H-N-I-C-A-L -C-L-A-R-I-F-I-C-A-T-I-O-N-. -S-e-c-t-i-o-n -7-(-a-)-(-2-1-)-(-A-) -o-f -t-h-e -S-m-a-l-l -B-u-s-i-n-e-s-s -A-c-t -(-1-5 -U-.-S-.-C-. -6-3-6-(-a-)-(-2-1-)-(-A-)-) -i-s -a-m-e-n-d-e-d -b-y -s-t-r-i-k-i-n-g -`-`-u-n-d-e-r -t-h-e-'-' -a-n-d -i-n-s-e-r-t-i-n-g -`-`-o-n -a -g-u-a-r-a-n-t-e-e-d -b-a-s-i-s -u-n-d-e-r -t-h-e-'-'-. -S-E-C-. -4-. -R-E-A-C-H-I-N-G -A-D-D-I-T-I-O-N-A-L -S-M-A-L-L -B-U-S-I-N-E-S-S -C-O-N-C-E-R-N-S-. -S-e-c-t-i-o-n -7-(-a-)-(-2-1-)-(-A-)-(-i-) -o-f -t-h-e -S-m-a-l-l -B-u-s-i-n-e-s-s -A-c-t -(-1-5 -U-.-S-.-C-. -6-3-6-(-a-)-(-2-1-)-(-A-)-(-i-)-) -i-s -a-m-e-n-d-e-d--- -(-1-) -i-n -s-u-b-c-l-a-u-s-e -(-I-)-, -b-y -s-t-r-i-k-i-n-g -`-`-o-r-'-' -a-t -t-h-e -e-n-d-; -a-n-d -(-2-) -b-y -a-d-d-i-n-g -a-f-t-e-r -s-u-b-c-l-a-u-s-e -(-I-I-)-, -t-h-e -f-o-l-l-o-w-i-n-g -n-e-w -s-u-b-c-l-a-u-s-e-: -`-`-(-I-I-I-) -a -s-u-b-s-t-a-n-t-i-a-l -r-e-d-u-c-t-i-o-n -i-n -t-h-e -r-e-v-e-n-u-e-s -o-f -t-h-e -s-m-a-l-l -b-u-s-i-n-e-s-s -c-o-n-c-e-r-n -d-u-e -t-o -a-n -o-v-e-r-a-l-l -r-e-d-u-c-t-i-o-n -i-n -e-c-o-n-o-m-i-c -a-c-t-i-v-i-t-y -w-i-t-h-i-n -t-h-e -c-o-m-m-u-n-i-t-y -f-r-o-m -w-h-i-c-h -s-u-c-h -s-m-a-l-l -b-u-s-i-n-e-s-s -c-o-n-c-e-r-n -d-e-r-i-v-e-s -r-e-v-e-n-u-e-s-, -i-f -s-u-c-h -r-e-d-u-c-t-i-o-n -i-n -e-c-o-n-o-m-i-c -a-c-t-i-v-i-t-y -i-s -a -d-i-r-e-c-t -r-e-s-u-l-t -o-f -t-h-e -f-a-c-t-o-r-s -d-e-s-c-r-i-b-e-d -i-n -s-u-b-c-l-a-u-s-e -(-I-) -o-r -(-I-I-)-; -o-r-'-'-. SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Defense Conversion Assistance Act of 1994''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. TITLE I--SMALL BUSINESS DEFENSE CONVERSION LOAN GUARANTEE PROGRAM Sec. 101. Defense conversion loan guarantee authorizations. Sec. 102. Technical clarification. Sec. 103. Reaching additional small business concerns. Sec. 104. Separate appropriations requirement. TITLE II--MISCELLANEOUS SMALL BUSINESS ADMINISTRATION AUTHORITIES Sec. 201. Small business development center defense conversion assistance program. Sec. 202. Job creation and community benefit. Sec. 203. Development company loan program reauthorization. Sec. 204. Disaster loan temporary personnel. TITLE I--SMALL BUSINESS DEFENSE CONVERSION LOAN GUARANTEE PROGRAM SEC. 101. DEFENSE CONVERSION LOAN GUARANTEE AUTHORIZATIONS. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- (1) in subsection (l), as added by section 405(3) of the Small Business Credit and Business Opportunity Enhancement Act of 1992-- (A) by striking ``(l) There'' and inserting the following: ``(3) There''; and (B) by striking ``subsection (k)'', and inserting ``paragraphs (1) and (2)''; (2) by redesignating subsection (k), as added by section 405(3) of the Small Business Credit and Business Opportunity Act of 1992, as subsection (l); (3) in subsection (l), as redesignated, by inserting after paragraph (1) the following new paragraph: ``(2) The Administration is authorized to make not more than $4,000,000,000 in loans on a guaranteed basis, in accordance with section 7(a)(21), such amount to remain available without fiscal year limitation.''; (4) in subsection (n)-- (A) by striking ``(n) There'' and inserting the following: ``(3) There''; and (B) by striking ``subsection (m)'' and inserting ``paragraphs (1) and (2)''; (5) in subsection (m), by inserting after paragraph (1) the following new paragraph: ``(2) The Administration is authorized to make not more than $4,000,000,000 in loans on a guaranteed basis, in accordance with section 7(a)(21), such amount to remain available without fiscal year limitation.''; (6) by redesignating subsection (o) as subsection (n); (7) in subsection (n), as redesignated, by inserting after paragraph (1) the following new paragraph: ``(2) The Administration is authorized to make not more than $4,000,000,000 in loans on a guaranteed basis, in accordance with section 7(a)(21), such amount to remain available without fiscal year limitation.''; and (8) in subsection (p)-- (A) by striking ``(p) There'' and inserting the following: ``(3) There''; and (B) by striking ``subsection (o)'' and inserting ``paragraphs (1) and (2)''. SEC. 102. TECHNICAL CLARIFICATION. Section 7(a)(21)(A) of the Small Business Act (15 U.S.C. 636(a)(21)(A)) is amended by striking ``under the'' and inserting ``on a guaranteed basis under the''. SEC. 103. REACHING ADDITIONAL SMALL BUSINESS CONCERNS. Section 7(a)(21)(A)(i) of the Small Business Act (15 U.S.C. 636(a)(21)(A)(i)) is amended-- (1) in subclause (I), by striking ``or'' at the end; and (2) by adding at the end the following new subclause: ``(III) a substantial reduction in the revenues of the small business concern due to an overall reduction in economic activity within the community from which such small business concern derives revenues, if such reduction in economic activity is a direct result of the factors described in subclause (I) or (II); or''. SEC. 104. SEPARATE APPROPRIATIONS REQUIREMENT. Section 7(a)(21)(C) of the Small Business Act (15 U.S.C. 636(a)(21)(C)) is amended by adding at the end the following: ``Loans authorized under this paragraph shall be funded through appropriations that are separate and distinct from the appropriations account that funds general guaranteed business loans authorized under this section.''. TITLE II--MISCELLANEOUS SMALL BUSINESS ADMINISTRATION AUTHORITIES SEC. 201. SMALL BUSINESS DEVELOPMENT CENTER DEFENSE CONVERSION ASSISTANCE PROGRAM. (a) Authorization of Appropriations.--Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following new paragraph: ``(7) Authorization of appropriations for defense conversion assistance program.-- ``(A) In general.-- ``(i) Authorization.--There are authorized to be appropriated, either directly or through transfer from another Federal department or agency, $15,000,000 for each of fiscal years 1995, 1996, and 1997 to carry out subsection (c)(3)(G). ``(ii) Separate funding.--Activities carried out under subsection (c)(3)(G) shall be funded through appropriations that are separate and distinct from the appropriations account that funds Small Business Development Centers authorized under this section. ``(B) Matching requirement.--Notwithstanding paragraph (5), the Administration shall require, as a condition of any grant (or amendment or modification thereof) made under subsection (c)(3)(G), that an additional amount equal to 50 percent of such grant be provided from sources other than the Federal Government. Such amount may be provided in cash or by indirect or in-kind contribution.''. (b) Funds to Small Business Development Centers.--Section 21(a) of the Small Business Act (15 U.S.C. 648(a)), as amended by subsection (a), is amended by adding at the end the following new paragraph: ``(8) Funds to small business development centers.-- Notwithstanding any other provision of law, amounts made available to a Small Business Development Center to carry out this section, either directly or through transfer from another Federal department or agency, shall not be included in the calculation of the amount of Administration assistance made available to the Small Business Development Center for purposes of paragraph (4) or (5).''. (c) Technical and Conforming Amendments.--Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended-- (1) in paragraph (4), by striking ``Except as provided in paragraph (4)'' and inserting ``Except as provided in paragraphs (5) and (7)''; and (2) in paragraph (5), by striking ``required in paragraph (3)'' and inserting ``required by paragraph (4)''. SEC. 202. JOB CREATION AND COMMUNITY BENEFIT. Section 7(a)(21) of the Small Business Act (15 U.S.C. 636(a)(21)) is amended by adding at the end the following new subparagraph: ``(E) Job creation and community benefit.--In providing assistance under this paragraph, the Administration shall develop procedures to ensure, to the maximum extent practicable, that such assistance is used for projects that-- ``(i) have the greatest potential for-- ``(I) creating new jobs for individuals whose employment is involuntarily terminated due to reductions in Federal defense expenditures; or ``(II) preventing the loss of jobs by employees of small business concerns described in subparagraph (A)(i); and ``(ii) have substantial potential for stimulating new economic activity in communities most impacted by reductions in Federal defense expenditures.''. SEC. 203. DEVELOPMENT COMPANY LOAN PROGRAM REAUTHORIZATION. Section 20(i)(2)(C) of the Small Business Act (15 U.S.C. 631 note) is amended by striking ``$1,200,000,000'' and inserting ``$1,500,000,000''. SEC. 204. DISASTER LOAN TEMPORARY PERSONNEL. Section 5(b)(8) of the Small Business Act (15 U.S.C. 634(b)(8)) is amended by striking ``six months'' and inserting ``12 months''. Amend the title so as to read: ``A bill to authorize funding for the small business defense conversion programs and the Development Company Loan Program of the Small Business Administration, and for other purposes.''.

TABLE OF CONTENTS: Title I: Small Business Defense Conversion Loan Guarantee Program Title II: Miscellaneous Small Business Administration Authorities Small Business Defense Conversion Assistance Act of 1994 - Title I: Small Business Defense Conversion Loan Guarantee Program - Amends the Small Business Act to authorize the Small Business Administration (SBA) to make up to $4 billion in guaranteed loans for the small business defense conversion program . Adds to small businesses eligible for such loans those experiencing substantial revenue reduction because of an overall reduction in economic activity in a community due to such closures or terminations. Requires such defense conversion loans to be funded through appropriations that are separate and distinct from funds appropriated for general business loans under the Act. Title II: Miscellaneous Small Business Administration Authorities - Authorizes appropriations for FY 1995 through 1997 under the Small Business Development Center Program for the defense conversion assistance program. Requires 50 percent of such grant amounts to be provided by non-Federal sources. Prohibits any such amounts from being included in the calculation of the amount of SBA assistance to the Development Center Program. Directs the SBA to develop procedures to ensure that assistance is provided for projects that have the greatest potential for creating new jobs in areas experiencing terminations or reductions due to reductions in defense spending or for preventing job loss by small business employees, and that have substantial potential for stimulating new economic activity in communities most impacted by reductions in defense spending. Increases the amount authorized for the Small Business Development Company loan program. Authorizes the SBA Administrator to pay transportation expenses and per diem for up to 12 months for SBA employees rendering temporary services in connection with disaster assistance.

Small Business Defense Conversion Assistance Act of 1994

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Short Title. This Act may be cited as the "Small Business Defense Conversion Assistance Act of 1994". Table of Contents. The table of contents for this Act is as follows: <SECTION-HEADER> Short title and table of contents. TITLE I SMALL BUSINESS DEFENSE CONVERSION LOAN GUARANTEE PROGRAM Section 101. Defense conversion loan guarantee authorizations. Section 102. Technical clarification. Section 103. Reaching additional small business concerns. Section 104. Separate appropriations requirement. TITLE II MISCELLANEOUS SMALL BUSINESS ADMINISTRATION AUTHORITIES Section 201. Small business development center defense conversion assistance program. Section 202. Job creation and community benefit. Section 203. Development company loan program reauthorization. Section 204. Disaster loan temporary personnel. TITLE I SMALL BUSINESS DEFENSE CONVERSION LOAN GUARANTEE PROGRAM Section 101. DEFENSE CONVERSION LOAN GUARANTEE AUTHORIZATIONS. Section 20 of the Small Business Act is amended in subsection (l), as added by section 405(3) of the Small Business Credit and Business Opportunity Enhancement Act of 1992 by striking "(l) There" and inserting the following: There". And by striking "subsection (k)", and inserting "paragraphs (1) and (2)". By redesignating subsection (k), as added by section 405(3) of the Small Business Credit and Business Opportunity Act of 1992, as subsection (l). In subsection (l), as redesignated, by inserting after paragraph (1) the following new paragraph: The Administration is authorized to make not more than $4,000,000,000 in loans on a guaranteed basis, in accordance with section 7(a)(21), such amount to remain available without fiscal year limitation.". In subsection (n) by striking "(n) There" and inserting the following: There". And by striking "subsection (m)" and inserting "paragraphs (1) and (2)". In subsection (m), by inserting after paragraph (1) the following new paragraph: The Administration is authorized to make not more than $4,000,000,000 in loans on a guaranteed basis, in accordance with section 7(a)(21), such amount to remain available without fiscal year limitation.", by redesignating subsection (o) as subsection (n). In subsection (n), as redesignated, by inserting after paragraph (1) the following new paragraph: The Administration is authorized to make not more than $4,000,000,000 in loans on a guaranteed basis, in accordance with section 7(a)(21), such amount to remain available without fiscal year limitation.". And in subsection (p) by striking "(p) There" and inserting the following: There". And by striking "subsection (o)" and inserting "paragraphs (1) and (2)". Section 102. TECHNICAL CLARIFICATION. Section 7(a)(21)(A) of the Small Business Act (15 USC. 636(a)(21)(A)) is amended by striking "under the" and inserting "on a guaranteed basis under the". Section 103. REACHING ADDITIONAL SMALL BUSINESS CONCERNS. Section 7(a)(21)(A)(i) of the Small Business Act (15 USC. 636(a)(21)(A)(i)) is amended in subclause (I), by striking "or" at the end. And by adding at the end the following new subclause: a substantial reduction in the revenues of the small business concern due to an overall reduction in economic activity within the community from which such small business concern derives revenues, if such reduction in economic activity is a direct result of the factors described in subclause (I) or (II). Or". Section 104. SEPARATE APPROPRIATIONS REQUIREMENT. Section 7(a)(21)(C) of the Small Business Act (15 USC. 636(a)(21)(C)) is amended by adding at the end the following: "Loans authorized under this paragraph shall be funded through appropriations that are separate and distinct from the appropriations account that funds general guaranteed business loans authorized under this section.". TITLE II MISCELLANEOUS SMALL BUSINESS ADMINISTRATION AUTHORITIES Section 201. SMALL BUSINESS DEVELOPMENT CENTER DEFENSE CONVERSION ASSISTANCE PROGRAM. Authorization of Appropriations. Section 21(a) of the Small Business Act (15 USC. 648(a)) is amended by adding at the end the following new paragraph: Authorization of appropriations for defense conversion assistance program. In general. Authorization. There are authorized to be appropriated, either directly or through transfer from another Federal department or agency, $15,000,000 for each of fiscal years 1995, 1996, and 1997 to carry out subsection (3)(G). Separate funding. Activities carried out under subsection (c)(3)(G) shall be funded through appropriations that are separate and distinct from the appropriations account that funds Small Business Development Centers authorized under this section. Matching requirement. Notwithstanding paragraph (5), the Administration shall require, as a condition of any grant made under subsection (c)(3)(G), that an additional amount equal to 50 percent of such grant be provided from sources other than the Federal Government. Such amount may be provided in cash or by indirect or in-kind contribution.". Funds to Small Business Development Centers. Section 21(a) of the Small Business Act (15 USC. 648(a)), as amended by subsection , is amended by adding at the end the following new paragraph: Funds to small business development centers. Notwithstanding any other provision of law, amounts made available to a Small Business Development Center to carry out this section, either directly or through transfer from another Federal department or agency, shall not be included in the calculation of the amount of Administration assistance made available to the Small Business Development Center for purposes of paragraph (4) or (5).". Technical and Conforming Amendments. Section 21(a) of the Small Business Act (15 USC. 648(a)) is amended in paragraph (4), by striking "Except as provided in paragraph (4)" and inserting "Except as provided in paragraphs (5) and (7)". And in paragraph (5), by striking "required in paragraph " and inserting "required by paragraph (4)". Section 202. JOB CREATION AND COMMUNITY BENEFIT. Section 7(a)(21) of the Small Business Act (15 USC. 636(a)(21)) is amended by adding at the end the following new subparagraph: Job creation and community benefit. In providing assistance under this paragraph, the Administration shall develop procedures to ensure, to the maximum extent practicable, that such assistance is used for projects that have the greatest potential for creating new jobs for individuals whose employment is involuntarily terminated due to reductions in Federal defense expenditures. Or preventing the loss of jobs by employees of small business concerns described in subparagraph (A)(i). And have substantial potential for stimulating new economic activity in communities most impacted by reductions in Federal defense expenditures.". Section 203. DEVELOPMENT COMPANY LOAN PROGRAM REAUTHORIZATION. Section 20(i)(2)(C) of the Small Business Act is amended by striking "$1,200,000,000" and inserting "$1,500,000,000". Section 204. DISASTER LOAN TEMPORARY PERSONNEL. Section 5(b)(8) of the Small Business Act (15 USC. 634(b)(8)) is amended by striking "six months" and inserting "12 months". Amend the title so as to read: "A bill to authorize funding for the small business defense conversion programs and the Development Company Loan Program of the Small Business Administration, and for other purposes.".

TABLE OF CONTENTS: Title I: Small Business Defense Conversion Loan Guarantee Program Title II: Miscellaneous Small Business Administration Authorities Small Business Defense Conversion Assistance Act of 1994 - Title I: Small Business Defense Conversion Loan Guarantee Program - Amends the Small Business Act to authorize the Small Business Administration (SBA) to make up to $4 billion in guaranteed loans for the small business defense conversion program . Adds to small businesses eligible for such loans those experiencing substantial revenue reduction because of an overall reduction in economic activity in a community due to such closures or terminations. Requires such defense conversion loans to be funded through appropriations that are separate and distinct from funds appropriated for general business loans under the Act. Title II: Miscellaneous Small Business Administration Authorities - Authorizes appropriations for FY 1995 through 1997 under the Small Business Development Center Program for the defense conversion assistance program. Requires 50 percent of such grant amounts to be provided by non-Federal sources. Prohibits any such amounts from being included in the calculation of the amount of SBA assistance to the Development Center Program. Directs the SBA to develop procedures to ensure that assistance is provided for projects that have the greatest potential for creating new jobs in areas experiencing terminations or reductions due to reductions in defense spending or for preventing job loss by small business employees, and that have substantial potential for stimulating new economic activity in communities most impacted by reductions in defense spending. Increases the amount authorized for the Small Business Development Company loan program. Authorizes the SBA Administrator to pay transportation expenses and per diem for up to 12 months for SBA employees rendering temporary services in connection with disaster assistance.

Small Business Defense Conversion Assistance Act of 1994

108_s1898

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Support for Reservists and National Guard Members Act''. SEC. 2. DESIGNATION OF OVERPAYMENTS TO SUPPORT RESERVISTS. (a) Designation.-- (1) In general.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS TO SUPPORT RESERVISTS ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--In the case of an individual, with respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that a specified portion (not less than $1) of any overpayment of tax for such taxable year be paid over to the Reservist Income Differential Trust Fund. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as-- ``(1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and ``(2) a contribution made by such taxpayer on such date to the United States.''. (2) Transfers to reservist income differential trust fund.--The Secretary of the Treasury shall, from time to time, transfer to the Reservist Income Differential Trust Fund the amounts designated under section 6097 of the Internal Revenue Code of 1986. (3) Clerical amendment.--The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX. Designation of overpayments to support reservists.''. (b) Reservist Income Differential Trust Fund.-- (1) In general.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9511. RESERVIST INCOME DIFFERENTIAL TRUST FUND. ``(a) Establishment.--There is established in the Treasury of the United States a trust fund to be known as the `Reservist Income Differential Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Reservist Income Differential Trust Fund amounts equivalent to the amounts designated under section 6097 (relating to designation of overpayments to support reservists). ``(c) Expenditures.--Amounts in the Reservist Income Differential Trust Fund shall be available for making distributions to eligible members of reserve components in accordance with section 212 of title 37, United States Code.''. (2) Clerical amendment.--The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 9511. Reservist Income Differential Trust Fund.''. (c) Effective Dates.-- (1) Subsection (a).--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2003. (2) Subsection (b).--The amendments made by subsection (b) shall take effect on the date of the enactment of this Act. SEC. 3. PAY DIFFERENTIAL FOR MOBILIZED RESERVES. (a) Authority.-- (1) In general.--Chapter 3 of title 37, United States Code, is amended by adding at the end the following new section: ``Sec. 212. Reserves on active duty: pay differential for service in support of a contingency operation ``(a) Authority.--To the extent provided in appropriations Acts, the Secretary of a military department shall pay an eligible member of a reserve component of the armed forces a pay differential computed under subsection (c). ``(b) Eligible Member.--A member of a reserve component is eligible for a pay differential for each month during which the member is serving on active duty for a period of more than 30 days pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10. ``(c) Amount.--(1) Subject to paragraphs (2) and (3), the amount of a pay differential paid under this section for a month to a member called or ordered to active duty as described in subsection (b) shall be equal to the excess of-- ``(A) the monthly rate of the salary, wage, or similar form of compensation that applied to the member in the member's position of employment (if any) for the last full month before the month in which the member either commenced the period of active duty to which called or ordered or commenced the performance of duties for the armed forces in another duty status in preparation for the performance of the active duty to which called or ordered, over ``(B) the monthly rate of basic pay payable to the member under section 204 of this title for such month of active-duty service. ``(2) The Secretary concerned may pay a member a pay differential under this section for a month in an amount less than the amount computed under paragraph (1) if the Secretary concerned determines that it is necessary to do so on the basis of the availability of funds for such purpose. ``(3) A member may not be paid more than a total of $25,000 under this section. ``(d) Funding.--(1) Pay differentials under this section shall be paid out of funds that are transferred from the Reservist Income Differential Trust Fund to military personnel accounts for the purposes of this section. ``(2) The Secretary of Defense and the Secretary of the Treasury shall jointly prescribe regulations providing for transfers of funds in the Reservist Income Differential Trust Fund to the appropriate military personnel accounts to make payments under this section. ``(3) In this section, the term `Reservist Income Differential Trust Fund' means the Reservist Income Differential Trust Fund referred to in section 6097 of the Internal Revenue Code.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``212. Reserves on active duty: pay differential for service in support of a contingency operation.''. (b) Effective Date.--Section 212 of title 37, United States Code, shall take effect on October 1, 2004, and shall apply with respect to months that begin on or after that date.

Voluntary Support for Reservists and National Guard Members Act - Amends the Internal Revenue Code to permit a taxpayer to designate a specified portion of any tax overpayment to the Reservist Income Differential Trust Fund . Establishes such Fund. Directs the Secretary of a military department, to the extent provided in appropriations Acts, to pay an eligible member of a reserve component of the armed forces a pay differential, according to a specified formula, of up to a maximum amount of $25,000. Provides for funding from the Fund.

A bill to amend the Internal Revenue Code of 1986 to allow tax-payers to designate part or all of any income tax refund to support reservists and National Guard members.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Voluntary Support for Reservists and National Guard Members Act". <SECTION-HEADER> DESIGNATION OF OVERPAYMENTS TO SUPPORT RESERVISTS. Designation. In general. Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: "PART IX DESIGNATION OF OVERPAYMENTS TO SUPPORT RESERVISTS "Section 6097. Designation. "Section 6097. DESIGNATION. In General. In the case of an individual, with respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that a specified portion of any overpayment of tax for such taxable year be paid over to the Reservist Income Differential Trust Fund. Manner and Time of Designation. A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. Overpayments Treated as Refunded. For purposes of this title, any portion of an overpayment of tax designated under subsection shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 or, if later, the date the return is filed, and a contribution made by such taxpayer on such date to the United States.". Transfers to reservist income differential trust fund. The Secretary of the Treasury shall, from time to time, transfer to the Reservist Income Differential Trust Fund the amounts designated under section 6097 of the Internal Revenue Code of 1986. Clerical amendment. The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: "Part IX. Designation of overpayments to support reservists.". Reservist Income Differential Trust Fund. In general. Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 9511. RESERVIST INCOME DIFFERENTIAL TRUST FUND. Establishment. There is established in the Treasury of the United States a trust fund to be known as the `Reservist Income Differential Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). Transfers to Trust Fund. There are hereby appropriated to the Reservist Income Differential Trust Fund amounts equivalent to the amounts designated under section 6097 . Expenditures. Amounts in the Reservist Income Differential Trust Fund shall be available for making distributions to eligible members of reserve components in accordance with section 212 of title 37, United States Code.". Clerical amendment. The table of sections for such subchapter is amended by adding at the end the following new item: "Section 9511. Reservist Income Differential Trust Fund.". Effective Dates. Subsection (a). The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2003. Subsection (b). The amendments made by subsection (b) shall take effect on the date of the enactment of this Act. <SECTION-HEADER> PAY DIFFERENTIAL FOR MOBILIZED RESERVES. Authority. In general. Chapter 3 of title 37, United States Code, is amended by adding at the end the following new section: "Section 212. Reserves on active duty: pay differential for service in support of a contingency operation Authority. To the extent provided in appropriations Acts, the Secretary of a military department shall pay an eligible member of a reserve component of the armed forces a pay differential computed under subsection (c). Eligible Member. A member of a reserve component is eligible for a pay differential for each month during which the member is serving on active duty for a period of more than 30 days pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10. Amount. (1) Subject to paragraphs (2) and (3), the amount of a pay differential paid under this section for a month to a member called or ordered to active duty as described in subsection (b) shall be equal to the excess of the monthly rate of the salary, wage, or similar form of compensation that applied to the member in the member's position of employment for the last full month before the month in which the member either commenced the period of active duty to which called or ordered or commenced the performance of duties for the armed forces in another duty status in preparation for the performance of the active duty to which called or ordered, over the monthly rate of basic pay payable to the member under section 204 of this title for such month of active-duty service. The Secretary concerned may pay a member a pay differential under this section for a month in an amount less than the amount computed under paragraph (1) if the Secretary concerned determines that it is necessary to do so on the basis of the availability of funds for such purpose. A member may not be paid more than a total of $25,000 under this section. Funding. (1) Pay differentials under this section shall be paid out of funds that are transferred from the Reservist Income Differential Trust Fund to military personnel accounts for the purposes of this section. The Secretary of Defense and the Secretary of the Treasury shall jointly prescribe regulations providing for transfers of funds in the Reservist Income Differential Trust Fund to the appropriate military personnel accounts to make payments under this section. In this section, the term `Reservist Income Differential Trust Fund' means the Reservist Income Differential Trust Fund referred to in section 6097 of the Internal Revenue Code.". Clerical amendment. The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "212. Reserves on active duty: pay differential for service in support of a contingency operation.". Effective Date. Section 212 of title 37, United States Code, shall take effect on October 1, 2004, and shall apply with respect to months that begin on or after that date.

Voluntary Support for Reservists and National Guard Members Act - Amends the Internal Revenue Code to permit a taxpayer to designate a specified portion of any tax overpayment to the Reservist Income Differential Trust Fund . Establishes such Fund. Directs the Secretary of a military department, to the extent provided in appropriations Acts, to pay an eligible member of a reserve component of the armed forces a pay differential, according to a specified formula, of up to a maximum amount of $25,000. Provides for funding from the Fund.

A bill to amend the Internal Revenue Code of 1986 to allow tax-payers to designate part or all of any income tax refund to support reservists and National Guard members.

110_hr4749

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Bombing Prevention Act of 2008''. SEC. 2. BOMBING PREVENTION. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following new section: ``SEC. 210F. OFFICE FOR BOMBING PREVENTION. ``(a) In General.--The Secretary shall establish within the Protective Security Coordination Division of the Office of Infrastructure Protection of the Department an Office for Bombing Prevention (in this section referred to as `the Office'). ``(b) Responsibilities.--The Office shall have the primary responsibility for enhancing the ability, and coordinating the efforts, of the United States to deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States, including by-- ``(1) serving as the lead agency of the Department for ensuring that programs designed to counter terrorist explosive attacks in the United States function together efficiently to meet the evolving threat from explosives and improvised explosive devices; ``(2) coordinating national and intergovernmental bombing prevention activities to ensure those activities work toward achieving common national goals; ``(3) conducting analysis of the capabilities and requirements necessary for Federal, State, local, and tribal governments to deter, prevent, detect, protect against, and assist in any response to terrorist explosive attacks in the United States by-- ``(A) maintaining a national analysis database on the capabilities of bomb squads, explosive detection canine teams, tactics teams, and public safety dive teams; and ``(B) applying the analysis derived from the database described in subparagraph (A) in-- ``(i) evaluating progress toward closing identified gaps relating to national strategic goals and standards; and ``(ii) informing decisions relating to homeland security policy, assistance, training, research, development efforts, testing and evaluation, and related requirements; ``(4) promoting secure information sharing of sensitive material and promoting security awareness, including by-- ``(A) operating and maintaining a secure information sharing system that allows the sharing of critical information relating to terrorist explosive attack tactics, techniques, and procedures; ``(B) educating the public and private sectors about explosive precursor chemicals; ``(C) working with international partners, in coordination with the Office for International Affairs of the Department, to develop and share effective practices to deter, prevent, detect, protect, and respond to terrorist explosive attacks in the United States; and ``(D) executing national public awareness and vigilance campaigns relating to terrorist explosive threats, preventing explosive attacks, and activities and measures underway to safeguard the United States; ``(5) assisting State, local, and tribal governments in developing multi-jurisdictional improvised explosive devices security plans for high-risk jurisdictions; ``(6) helping to ensure, in coordination with the Under Secretary for Science and Technology and the Administrator of the Federal Emergency Management Agency, the identification and availability of effective technology applications through field pilot testing and acquisition of such technology applications by Federal, State, local, and tribal governments to deter, prevent, detect, protect, and respond to terrorist explosive attacks in the United States; ``(7) coordinating the efforts of the Department relating to, and assisting departments and agencies of Federal, State, local, and tribal governments, and private sector business in, developing and implementing national explosives detection training, certification, and performance standards; ``(8) ensuring the implementation of any recommendations in the national strategy required under section 210G, including developing, maintaining, and tracking progress toward achieving objectives to reduce the vulnerability of the United States to terrorist explosive attacks; ``(9) developing, in coordination with the Administrator of the Federal Emergency Management Agency, programmatic guidance and permitted uses for bombing prevention activities funded by homeland security assistance administered by the Department; and ``(10) establishing and executing a public awareness campaign to inform the general public and private sector businesses on ways they can deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States, that-- ``(A) utilizes a broad spectrum of both mainstream and specialty print, radio, television outlets, and the Internet; ``(B) utilizes small and disadvantaged businesses, as defined under the Small Business Act (15 U.S.C. 631 et seq.); and ``(C) ensures that the public awareness messages under the campaign reach and are understandable to underserved populations, including-- ``(i) persons with physical and mental disabilities, health problems, visual impairments, hearing impairments, limited English proficiency, and literacy barriers; ``(ii) socially and economically disadvantaged households and communities; ``(iii) the elderly; and ``(iv) children. ``(c) Limitation on Statutory Construction.--Nothing in this section shall be construed to affect the authority of the Administrator of the Federal Emergency Management Agency, or the Attorney General of the United States. ``(d) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $10,000,000 for fiscal year 2009; ``(B) $25,000,000 for each of fiscal years 2010 through 2012; and ``(C) such sums as may be necessary for each subsequent fiscal year. ``(2) Availability.--Amounts made available pursuant to paragraph (1) are authorized to remain available until expended. ``(e) Enhancement of Explosives Detection Canine Resources and Capabilities.--To enhance the Nation's explosives detection canine resources and capabilities the Secretary of Homeland Security shall, by partnering with other Federal, State, local, and tribal agencies, nonprofit organizations, universities including historically black colleges and universities and minority serving institutions, and the private sector-- ``(1) within 270 days after the date of the enactment of this subsection-- ``(A) develop a pilot program that includes a domestic breeding program for purpose-bred explosives detection canines; and ``(B) increase the current number of capability assessments of explosives detection canine units to identify common challenges and gaps in canine explosives detection, to provide for effective domestic preparedness and collective response to terrorism, and to inform grant guidance and priorities, consistent with national capabilities database efforts; ``(2) continue development of a scientifically-based training curriculum to enhance consensus-based national training and certification standards to provide for effective domestic preparedness and collective response to terrorism through the effective use of explosives detection canines for explosives detection canines; and ``(3) continue engagement in explosives detection canine research and development activities through partnerships with the Science and Technology Directorate and the Technical Support Working Group. ``SEC. 210G. NATIONAL STRATEGY. ``(a) In General.--The Secretary shall develop and periodically update a national strategy to prevent and prepare for terrorist explosive attacks in the United States. ``(b) Development.--Not later than 90 days after the date of the enactment of this section, the Secretary shall develop the national strategy required under subsection (a). ``(c) Reporting.--Not later than six months after the date of the submission of the report regarding each quadrennial homeland security review conducted under section 707, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the national strategy required under subsection (a), which shall include recommendations, if any, for deterring, preventing, detecting, protecting against, and responding to terrorist attacks in the United States using explosives or improvised explosive devices, including any such recommendations relating to coordinating the efforts of Federal, State, local, and tribal governments, emergency response providers, and the private sector.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 210E the following new items: ``Sec. 210F. Office for Bombing Prevention. ``Sec. 210G. National strategy.''. SEC. 3. EXPLOSIVES TECHNOLOGY DEVELOPMENT AND TRANSFER. (a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new sections: ``SEC. 318. EXPLOSIVES RESEARCH AND DEVELOPMENT. ``(a) In General.--The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Under Secretary for National Protection and Programs, the Attorney General, the Secretary of Defense, and the head of any other relevant Federal department or agency, shall ensure coordination and information sharing regarding nonmilitary research, development, testing, and evaluation activities of the Federal Government relating to the detection and prevention of, protection against, and response to terrorist attacks in the United States using explosives or improvised explosive devices, and the development of tools and technologies necessary to neutralize and disable explosive devices. ``(b) Leveraging Military Research.--The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Under Secretary for National Protection and Programs, shall coordinate with the Secretary of Defense and the head of any other relevant Federal department or agency to ensure that, to the maximum extent possible, military policies and procedures, and research, development, testing, and evaluation activities relating to the detection and prevention of, protection against, and response to terrorist attacks using explosives or improvised explosive devices, and the development of tools and technologies necessary to neutralize and disable explosive devices, are adapted to nonmilitary uses. ``SEC. 319. TECHNOLOGY TRANSFER. ``(a) In General.--The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Under Secretary for National Protection and Programs, shall establish a technology transfer program to facilitate the identification, modification, and commercialization of technology and equipment for use by Federal, State, and local governmental agencies, emergency response providers, and the private sector to deter, prevent, detect, protect, and respond to terrorist attacks in the United States using explosives or improvised explosive devices. ``(b) Program.--The activities under the program established under subsection (a) shall include-- ``(1) applying the analysis conducted under section 210F(b)(3) of the capabilities and requirements of bomb squad, explosive detection canine teams, tactical teams, and public safety dive teams of Federal, State, and local governments, to determine the training and technology requirements for Federal, State, and local governments, emergency response providers, and the private sector; ``(2) identifying available technologies designed to deter, prevent, detect, protect, or respond to terrorist attacks using explosives or improvised explosive devices that have been, or are in the process of being, developed, tested, evaluated, or demonstrated by the Department, other Federal agencies, the private sector, foreign governments, or international organizations; ``(3) reviewing whether a technology described in paragraph (2) may be useful in assisting Federal, State, or local governments, emergency response providers, or the private sector in detecting, deterring, preventing, or responding to terrorist attacks using explosives or improvised explosive devices; and ``(4) communicating to Federal, State, and local governments, emergency response providers, and the private sector the availability of any technology described in paragraph (2), including providing the specifications of any such technology, indicating whether any such technology satisfies appropriate standards, and identifying grants, if any, available from the Department to purchase any such technology. ``(c) Working Group.--To facilitate the transfer of military technologies, the Secretary, acting through the Under Secretary for Science and Technology, in coordination with the Secretary of Defense, and in a manner consistent with protection of sensitive sources and methods, shall establish a working group to advise and assist in the identification of military technologies designed to deter, prevent, detect, protect, or respond to terrorist explosive attacks that are in the process of being developed, or are developed, by the Department of Defense or the private sector.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 317 the following new items: ``Sec. 318. Explosives research and development. ``Sec. 319. Technology transfer.''. SEC. 4. GAO STUDY OF EXPLOSIVES DETECTION CANINE TEAMS. Section 1307(f) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 121 Stat. 395) is amended by striking ``utilization'' and all that follows through the end of the sentence and inserting ``utilization of explosives detection canine teams, by the Transportation Security Administration and all other agencies of the Department of Homeland Security that utilize explosives detection canines, to strengthen security and the capacity of explosive detection canine detection teams of the Department.''. SEC. 5. REPORT ON CANINE PROCUREMENT ACTIVITIES. The Secretary of Homeland Security shall submit a report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate by not later than 180 days after the date of the enactment of this Act examining the administration of canine procurement activities by the Department of Homeland Security to deter, prevent, detect, and protect against terrorist explosive attacks in the United States, that includes consideration of the feasibility of reducing the price paid for the procurement of untrained canines, including by utilizing an expanded pool of breeds, procuring canines from domestic breeders, and acquiring canines from animal shelters, rescue societies, and other not-for- profit entities. Passed the House of Representatives June 18, 2008. Attest: LORRAINE C. MILLER, Clerk.

National Bombing Prevention Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish within the Department of Homeland Security's (DHS) Protective Security Coordination Division of the Office of Infrastructure Protection an Office for Bombing Prevention to enhance and coordinate US efforts to deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States. Directs the Office to: (1) serve as the lead agency of DHS for ensuring that programs designed to counter terrorist explosive attacks function together efficiently to meet the evolving threat from explosives and improvised explosive devices (IEDs). (2) promote secure information sharing of sensitive material and security awareness. (3) assist state, local, and tribal governments in developing multijurisdictional IED security plans for high risk jurisdictions. And (4) establish and execute a public awareness campaign to inform the general public and private sector businesses on ways they can deter, detect, prevent, protect against, and respond to terrorist explosive attacks. Authorizes appropriations. Directs the Secretary to partner with other federal, state, local, and tribal agencies, nonprofit organizations, universities, and the private sector to: (1) develop a pilot program that includes a domestic breeding program for explosives detection canines. (2) increase the number of capability assessments of explosives detection canine units. (3) continue development of a scientifically-based training curriculum to enhance consensus-based national training and certification standards to provide for the effective use of explosives detection canines. And (4) continue engagement in explosives detection canine research and development activities through partnerships with the Science and Technology Directorate and the Technical Support Working Group. Directs the Secretary to develop, periodically update, and report to Congress on a national strategy to prevent and prepare for terrorist explosive attacks in the United States. Directs the Secretary, acting through the Under Secretary for Science and Technology, to: (1) ensure coordination and information sharing regarding nonmilitary research, development, testing, and evaluation activities relating to the detection and prevention of, protection against, and response to terrorist attacks using explosives or IEDs and the development of tools and technologies to neutralize and disable explosive devices. (2) coordinate with the Secretary of Defense and other federal department heads to ensure that military policies, procedures, activities, tools, and technologies to prevent and respond to terrorist attacks are adapted to nonmilitary uses. (3) establish a technology transfer program to facilitate the identification, modification, and commercialization of technology and equipment for use by governmental agencies, emergency response providers, and the private sector against such attacks. And (4) establish a working group to advise and assist in the identification of military technologies developed by the Department of Defense (DOD) or the private sector to protect against and respond to explosive attacks. Amends the Implementing Recommendations of the 911 Commission Act of 2007 to direct the Comptroller General to utilize explosives detection canine teams of TSA and other DHS agencies to strengthen security and capacity. Directs the Secretary to submit a report to specified congressional committees on the administration of canine procurement activities by DHS to deter, prevent, detect, and protect against terrorist explosive attacks in the United States that includes consideration of the feasibility of reducing the price paid for the procurement of untrained canines, including by utilizing an expanded pool of breeds, procuring canines from domestic breeders, and acquiring canines from animal shelters, rescue societies, and other not-for-profit entities.

To amend the Homeland Security Act of 2002 to establish the Office for Bombing Prevention, to address terrorist explosive threats, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "National Bombing Prevention Act of 2008". <SECTION-HEADER> BOMBING PREVENTION. In General. Subtitle A of title II of the Homeland Security Act of 2002 is amended by adding at the end the following new section: "Section 210F. OFFICE FOR BOMBING PREVENTION. In General. The Secretary shall establish within the Protective Security Coordination Division of the Office of Infrastructure Protection of the Department an Office for Bombing Prevention . Responsibilities. The Office shall have the primary responsibility for enhancing the ability, and coordinating the efforts, of the United States to deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States, including by serving as the lead agency of the Department for ensuring that programs designed to counter terrorist explosive attacks in the United States function together efficiently to meet the evolving threat from explosives and improvised explosive devices. Coordinating national and intergovernmental bombing prevention activities to ensure those activities work toward achieving common national goals. Conducting analysis of the capabilities and requirements necessary for Federal, State, local, and tribal governments to deter, prevent, detect, protect against, and assist in any response to terrorist explosive attacks in the United States by maintaining a national analysis database on the capabilities of bomb squads, explosive detection canine teams, tactics teams, and public safety dive teams. And applying the analysis derived from the database described in subparagraph (A) in evaluating progress toward closing identified gaps relating to national strategic goals and standards. And informing decisions relating to homeland security policy, assistance, training, research, development efforts, testing and evaluation, and related requirements. Promoting secure information sharing of sensitive material and promoting security awareness, including by operating and maintaining a secure information sharing system that allows the sharing of critical information relating to terrorist explosive attack tactics, techniques, and procedures, educating the public and private sectors about explosive precursor chemicals. Working with international partners, in coordination with the Office for International Affairs of the Department, to develop and share effective practices to deter, prevent, detect, protect, and respond to terrorist explosive attacks in the United States. And executing national public awareness and vigilance campaigns relating to terrorist explosive threats, preventing explosive attacks, and activities and measures underway to safeguard the United States. Assisting State, local, and tribal governments in developing multi-jurisdictional improvised explosive devices security plans for high-risk jurisdictions. Helping to ensure, in coordination with the Under Secretary for Science and Technology and the Administrator of the Federal Emergency Management Agency, the identification and availability of effective technology applications through field pilot testing and acquisition of such technology applications by Federal, State, local, and tribal governments to deter, prevent, detect, protect, and respond to terrorist explosive attacks in the United States. Coordinating the efforts of the Department relating to, and assisting departments and agencies of Federal, State, local, and tribal governments, and private sector business in, developing and implementing national explosives detection training, certification, and performance standards. Ensuring the implementation of any recommendations in the national strategy required under section 210G, including developing, maintaining, and tracking progress toward achieving objectives to reduce the vulnerability of the United States to terrorist explosive attacks. Developing, in coordination with the Administrator of the Federal Emergency Management Agency, programmatic guidance and permitted uses for bombing prevention activities funded by homeland security assistance administered by the Department. And establishing and executing a public awareness campaign to inform the general public and private sector businesses on ways they can deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States, that utilizes a broad spectrum of both mainstream and specialty print, radio, television outlets, and the Internet. Utilizes small and disadvantaged businesses, as defined under the Small Business Act. And ensures that the public awareness messages under the campaign reach and are understandable to underserved populations, including persons with physical and mental disabilities, health problems, visual impairments, hearing impairments, limited English proficiency, and literacy barriers, socially and economically disadvantaged households and communities, the elderly. And children. Limitation on Statutory Construction. Nothing in this section shall be construed to affect the authority of the Administrator of the Federal Emergency Management Agency, or the Attorney General of the United States. Authorization of Appropriations. In general. There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2009, $25,000,000 for each of fiscal years 2010 through 2012. And such sums as may be necessary for each subsequent fiscal year. Availability. Amounts made available pursuant to paragraph (1) are authorized to remain available until expended. Enhancement of Explosives Detection Canine Resources and Capabilities. To enhance the Nation's explosives detection canine resources and capabilities the Secretary of Homeland Security shall, by partnering with other Federal, State, local, and tribal agencies, nonprofit organizations, universities including historically black colleges and universities and minority serving institutions, and the private sector within 270 days after the date of the enactment of this subsection develop a pilot program that includes a domestic breeding program for purpose-bred explosives detection canines. And increase the current number of capability assessments of explosives detection canine units to identify common challenges and gaps in canine explosives detection, to provide for effective domestic preparedness and collective response to terrorism, and to inform grant guidance and priorities, consistent with national capabilities database efforts. Continue development of a scientifically-based training curriculum to enhance consensus-based national training and certification standards to provide for effective domestic preparedness and collective response to terrorism through the effective use of explosives detection canines for explosives detection canines. And continue engagement in explosives detection canine research and development activities through partnerships with the Science and Technology Directorate and the Technical Support Working Group. "Section 210G. NATIONAL STRATEGY. In General. The Secretary shall develop and periodically update a national strategy to prevent and prepare for terrorist explosive attacks in the United States. Development. Not later than 90 days after the date of the enactment of this section, the Secretary shall develop the national strategy required under subsection (a). Reporting. Not later than six months after the date of the submission of the report regarding each quadrennial homeland security review conducted under section 707, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the national strategy required under subsection (a), which shall include recommendations, if any, for deterring, preventing, detecting, protecting against, and responding to terrorist attacks in the United States using explosives or improvised explosive devices, including any such recommendations relating to coordinating the efforts of Federal, State, local, and tribal governments, emergency response providers, and the private sector.". Technical and Conforming Amendment. The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 210E the following new items: "Section 210F. Office for Bombing Prevention. "Section 210G. National strategy.". <SECTION-HEADER> EXPLOSIVES TECHNOLOGY DEVELOPMENT AND TRANSFER. In General. Title III of the Homeland Security Act of 2002 is amended by adding at the end the following new sections: "Section 318. EXPLOSIVES RESEARCH AND DEVELOPMENT. In General. The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Under Secretary for National Protection and Programs, the Attorney General, the Secretary of Defense, and the head of any other relevant Federal department or agency, shall ensure coordination and information sharing regarding nonmilitary research, development, testing, and evaluation activities of the Federal Government relating to the detection and prevention of, protection against, and response to terrorist attacks in the United States using explosives or improvised explosive devices, and the development of tools and technologies necessary to neutralize and disable explosive devices. Leveraging Military Research. The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Under Secretary for National Protection and Programs, shall coordinate with the Secretary of Defense and the head of any other relevant Federal department or agency to ensure that, to the maximum extent possible, military policies and procedures, and research, development, testing, and evaluation activities relating to the detection and prevention of, protection against, and response to terrorist attacks using explosives or improvised explosive devices, and the development of tools and technologies necessary to neutralize and disable explosive devices, are adapted to nonmilitary uses. "Section 319. TECHNOLOGY TRANSFER. In General. The Secretary, acting through the Under Secretary for Science and Technology, and in coordination with the Under Secretary for National Protection and Programs, shall establish a technology transfer program to facilitate the identification, modification, and commercialization of technology and equipment for use by Federal, State, and local governmental agencies, emergency response providers, and the private sector to deter, prevent, detect, protect, and respond to terrorist attacks in the United States using explosives or improvised explosive devices. Program. The activities under the program established under subsection (a) shall include applying the analysis conducted under section 210F(b)(3) of the capabilities and requirements of bomb squad, explosive detection canine teams, tactical teams, and public safety dive teams of Federal, State, and local governments, to determine the training and technology requirements for Federal, State, and local governments, emergency response providers, and the private sector. Identifying available technologies designed to deter, prevent, detect, protect, or respond to terrorist attacks using explosives or improvised explosive devices that have been, or are in the process of being, developed, tested, evaluated, or demonstrated by the Department, other Federal agencies, the private sector, foreign governments, or international organizations. Reviewing whether a technology described in paragraph may be useful in assisting Federal, State, or local governments, emergency response providers, or the private sector in detecting, deterring, preventing, or responding to terrorist attacks using explosives or improvised explosive devices. And communicating to Federal, State, and local governments, emergency response providers, and the private sector the availability of any technology described in paragraph (2), including providing the specifications of any such technology, indicating whether any such technology satisfies appropriate standards, and identifying grants, if any, available from the Department to purchase any such technology. Working Group. To facilitate the transfer of military technologies, the Secretary, acting through the Under Secretary for Science and Technology, in coordination with the Secretary of Defense, and in a manner consistent with protection of sensitive sources and methods, shall establish a working group to advise and assist in the identification of military technologies designed to deter, prevent, detect, protect, or respond to terrorist explosive attacks that are in the process of being developed, or are developed, by the Department of Defense or the private sector.". Technical and Conforming Amendment. The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 317 the following new items: "Section 318. Explosives research and development. "Section 319. Technology transfer.". <SECTION-HEADER> GAO STUDY OF EXPLOSIVES DETECTION CANINE TEAMS. Section 1307(f) of the Implementing Recommendations of the 911 Commission Act of 2007 is amended by striking "utilization" and all that follows through the end of the sentence and inserting "utilization of explosives detection canine teams, by the Transportation Security Administration and all other agencies of the Department of Homeland Security that utilize explosives detection canines, to strengthen security and the capacity of explosive detection canine detection teams of the Department.". <SECTION-HEADER> REPORT ON CANINE PROCUREMENT ACTIVITIES. The Secretary of Homeland Security shall submit a report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate by not later than 180 days after the date of the enactment of this Act examining the administration of canine procurement activities by the Department of Homeland Security to deter, prevent, detect, and protect against terrorist explosive attacks in the United States, that includes consideration of the feasibility of reducing the price paid for the procurement of untrained canines, including by utilizing an expanded pool of breeds, procuring canines from domestic breeders, and acquiring canines from animal shelters, rescue societies, and other not-for- profit entities. Passed the House of Representatives June 18, 2008. Attest: LORRAINE C. MILLER, Clerk.

National Bombing Prevention Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish within the Department of Homeland Security's (DHS) Protective Security Coordination Division of the Office of Infrastructure Protection an Office for Bombing Prevention to enhance and coordinate US efforts to deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States. Directs the Office to: (1) serve as the lead agency of DHS for ensuring that programs designed to counter terrorist explosive attacks function together efficiently to meet the evolving threat from explosives and improvised explosive devices (IEDs). (2) promote secure information sharing of sensitive material and security awareness. (3) assist state, local, and tribal governments in developing multijurisdictional IED security plans for high risk jurisdictions. And (4) establish and execute a public awareness campaign to inform the general public and private sector businesses on ways they can deter, detect, prevent, protect against, and respond to terrorist explosive attacks. Authorizes appropriations. Directs the Secretary to partner with other federal, state, local, and tribal agencies, nonprofit organizations, universities, and the private sector to: (1) develop a pilot program that includes a domestic breeding program for explosives detection canines. (2) increase the number of capability assessments of explosives detection canine units. (3) continue development of a scientifically-based training curriculum to enhance consensus-based national training and certification standards to provide for the effective use of explosives detection canines. And (4) continue engagement in explosives detection canine research and development activities through partnerships with the Science and Technology Directorate and the Technical Support Working Group. Directs the Secretary to develop, periodically update, and report to Congress on a national strategy to prevent and prepare for terrorist explosive attacks in the United States. Directs the Secretary, acting through the Under Secretary for Science and Technology, to: (1) ensure coordination and information sharing regarding nonmilitary research, development, testing, and evaluation activities relating to the detection and prevention of, protection against, and response to terrorist attacks using explosives or IEDs and the development of tools and technologies to neutralize and disable explosive devices. (2) coordinate with the Secretary of Defense and other federal department heads to ensure that military policies, procedures, activities, tools, and technologies to prevent and respond to terrorist attacks are adapted to nonmilitary uses. (3) establish a technology transfer program to facilitate the identification, modification, and commercialization of technology and equipment for use by governmental agencies, emergency response providers, and the private sector against such attacks. And (4) establish a working group to advise and assist in the identification of military technologies developed by the Department of Defense (DOD) or the private sector to protect against and respond to explosive attacks. Amends the Implementing Recommendations of the 911 Commission Act of 2007 to direct the Comptroller General to utilize explosives detection canine teams of TSA and other DHS agencies to strengthen security and capacity. Directs the Secretary to submit a report to specified congressional committees on the administration of canine procurement activities by DHS to deter, prevent, detect, and protect against terrorist explosive attacks in the United States that includes consideration of the feasibility of reducing the price paid for the procurement of untrained canines, including by utilizing an expanded pool of breeds, procuring canines from domestic breeders, and acquiring canines from animal shelters, rescue societies, and other not-for-profit entities.

To amend the Homeland Security Act of 2002 to establish the Office for Bombing Prevention, to address terrorist explosive threats, and for other purposes.

112_hr1754

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Equal Access to Mortgage Finance Programs Act''. SEC. 2. PERMANENT CONFORMING LOAN LIMIT INCREASE FOR FREDDIE MAC AND FANNIE MAE. (a) Freddie Mac.-- (1) Increase.--Paragraph (2) of section 305(a) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) is amended-- (A) by inserting ``(A)'' after ``(2)''; (B) in the first sentence, by redesignating clauses (A) through (C) as clauses (i) through (iii), respectively; (C) in the second sentence, by striking ``clause (A)'' and inserting ``clause (i)''; and (D) in the last sentence-- (i) by striking ``115 percent'' each place such term appears and inserting ``125 percent''; and (ii) by striking ``150 percent'' and inserting ``175 percent''. (2) Discretionary authority to limit decreases.--Paragraph (2) of section 305(a) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)), as amended by paragraph (1), is further amended by adding at the end the following new subparagraph: ``(B) Notwithstanding the calculation of the limitation on the maximum original principal obligation of a mortgage that may be purchased by the Corporation for an area pursuant to the last sentence of subparagraph (A), if any recalculation of the local median home price for any area would otherwise result in a decrease in the maximum original principal limitation for any size residence in any such area, the Director of the Federal Housing Finance Agency may prevent or limit a decrease in such limitation from taking place for any such area. In taking such action, the Director shall consider such factors as market dislocations caused by a decrease in such limitation, the extent of the median home price decline, and the causes for such reduction in median home price.''. (b) Fannie Mae.-- (1) Increase.--Paragraph (2) of section 302(b) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) is amended-- (A) by inserting ``(A)'' after ``(2)''; (B) in the second sentence, by redesignating clauses (A) through (C) as clauses (i) through (iii), respectively; (C) in the third sentence, by striking ``clause (A)'' and inserting ``clause (i)''; and (D) in the last sentence-- (i) by striking ``115 percent'' each place such term appears and inserting ``125 percent''; and (ii) by striking ``150 percent'' and inserting ``175 percent''. (2) Discretionary authority to limit decreases.--Paragraph (2) of section 302(b) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)), as amended by paragraph (1), is further amended by adding at the end the following new subparagraph: ``(B) Notwithstanding the calculation of the limitation on the maximum original principal obligation of a mortgage that may be purchased by the corporation for an area pursuant to the last sentence of subparagraph (A), if any recalculation of the local median home price for any area would otherwise result in a decrease in the maximum original principal limitation for any size residence in any such area, the Director of the Federal Housing Finance Agency may prevent or limit a decrease in such limitation from taking place for any such area. In taking such action, the Director shall consider such factors as market dislocations caused by a decrease in such limitation, the extent of the median home price decline, and the causes for such reduction in median home price.''. SEC. 3. PERMANENT LOAN LIMIT INCREASE FOR FHA. (a) Increase.--Subparagraph (A) of section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended-- (1) in clause (i) by striking ``115 percent'' and inserting ``125 percent''; and (2) in clause (ii) by striking ``150 percent'' and inserting ``175 percent''. (b) Discretionary Authority To Limit Decreases.--Subparagraph (A) of section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended by inserting after ``; and'' at the end the following: ``except that notwithstanding the calculation of the maximum dollar amount limitation for any area pursuant to clause (i) of this subparagraph, if any recalculation of the local median home price for any area would otherwise result in a decrease in the maximum dollar amount limitation for any size residence in any such area, the Secretary, considering such factors as market dislocations caused by a decrease in such dollar amount limitation, the extent of the median home price decline, and the causes for such reduction in median home price, may prevent or limit a decrease in such dollar amount limitation from taking place for any such area; and''. SEC. 4. EXISTING LOAN LIMITS. This Act may not be construed to affect the loan limits for the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association in effect under section 146 of the Continuing Appropriations Act, 2011 (Public Law 111-242; 124 Stat. 2615) or the FHA mortgage amount limitations in effect under section 145 of such Act. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2011.

Preserving Equal Access to Mortgage Finance Programs Act - Amends the Federal Home Loan Mortgage Corporation Act and the Federal National Mortgage Association Charter Act to increase limitations on the maximum original principal obligation of mortgages that may purchased by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation Association . Increases such limitations in areas where 125 of the median price of residences of a particular size exceed existing mortgage purchase limitations for such residence size. Gives the Director of the Federal Housing Finance Agency (FHFA) discretion to prevent or limit a decrease in the limitation on the maximum original principal obligation of a mortgage that may be purchased by the corporation for an area. Amends the National Housing Act to raise limitations on the maximum principal obligation of mortgages that may be insured by the Secretary of Housing and Urban Development (HUD). Gives the Secretary discretion to prevent or limit a decrease in the maximum dollar amount limitation for any area from taking place for any such area.

To permanently increase the conforming loan limits for the Federal Home Loan Mortgage Corporation and the Federal National Mortgage Association and the FHA maximum mortgage amount limitations.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Preserving Equal Access to Mortgage Finance Programs Act". <SECTION-HEADER> PERMANENT CONFORMING LOAN LIMIT INCREASE FOR FREDDIE MAC AND FANNIE MAE. Freddie Mac. Increase. Paragraph (2) of section 305(a) of the Federal Home Loan Mortgage Corporation Act (12 USC. 1454(a)(2)) is amended by inserting "(A)" after "(2)". In the first sentence, by redesignating clauses through (C) as clauses (i) through (iii), respectively. In the second sentence, by striking "clause " and inserting "clause (i)". And in the last sentence by striking "115 percent" each place such term appears and inserting "125 percent". And by striking "150 percent" and inserting "175 percent". Discretionary authority to limit decreases. Paragraph of section 305(a) of the Federal Home Loan Mortgage Corporation Act (12 USC. 1454(a)(2)), as amended by paragraph , is further amended by adding at the end the following new subparagraph: Notwithstanding the calculation of the limitation on the maximum original principal obligation of a mortgage that may be purchased by the Corporation for an area pursuant to the last sentence of subparagraph (A), if any recalculation of the local median home price for any area would otherwise result in a decrease in the maximum original principal limitation for any size residence in any such area, the Director of the Federal Housing Finance Agency may prevent or limit a decrease in such limitation from taking place for any such area. In taking such action, the Director shall consider such factors as market dislocations caused by a decrease in such limitation, the extent of the median home price decline, and the causes for such reduction in median home price.". Fannie Mae. Increase. Paragraph (2) of section 302(b) of the Federal National Mortgage Association Charter Act (12 USC. 1717(b)(2)) is amended by inserting "(A)" after "(2)". In the second sentence, by redesignating clauses (A) through (C) as clauses (i) through (iii), respectively. In the third sentence, by striking "clause " and inserting "clause (i)". And in the last sentence by striking "115 percent" each place such term appears and inserting "125 percent". And by striking "150 percent" and inserting "175 percent". Discretionary authority to limit decreases. Paragraph of section 302(b) of the Federal National Mortgage Association Charter Act (12 USC. 1717(b)(2)), as amended by paragraph (1), is further amended by adding at the end the following new subparagraph: Notwithstanding the calculation of the limitation on the maximum original principal obligation of a mortgage that may be purchased by the corporation for an area pursuant to the last sentence of subparagraph (A), if any recalculation of the local median home price for any area would otherwise result in a decrease in the maximum original principal limitation for any size residence in any such area, the Director of the Federal Housing Finance Agency may prevent or limit a decrease in such limitation from taking place for any such area. In taking such action, the Director shall consider such factors as market dislocations caused by a decrease in such limitation, the extent of the median home price decline, and the causes for such reduction in median home price.". <SECTION-HEADER> PERMANENT LOAN LIMIT INCREASE FOR FHA. Increase. Subparagraph (A) of section 203(b)(2) of the National Housing Act (12 USC. 1709(b)(2)(A)) is amended in clause (i) by striking "115 percent" and inserting "125 percent". And in clause (ii) by striking "150 percent" and inserting "175 percent". Discretionary Authority To Limit Decreases. Subparagraph (A) of section 203(b)(2) of the National Housing Act (12 USC. 1709(b)(2)(A)) is amended by inserting after ". And" at the end the following: "except that notwithstanding the calculation of the maximum dollar amount limitation for any area pursuant to clause (i) of this subparagraph, if any recalculation of the local median home price for any area would otherwise result in a decrease in the maximum dollar amount limitation for any size residence in any such area, the Secretary, considering such factors as market dislocations caused by a decrease in such dollar amount limitation, the extent of the median home price decline, and the causes for such reduction in median home price, may prevent or limit a decrease in such dollar amount limitation from taking place for any such area. And". <SECTION-HEADER> EXISTING LOAN LIMITS. This Act may not be construed to affect the loan limits for the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association in effect under section 146 of the Continuing Appropriations Act, 2011 or the FHA mortgage amount limitations in effect under section 145 of such Act. <SECTION-HEADER> EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2011.

Preserving Equal Access to Mortgage Finance Programs Act - Amends the Federal Home Loan Mortgage Corporation Act and the Federal National Mortgage Association Charter Act to increase limitations on the maximum original principal obligation of mortgages that may purchased by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation Association . Increases such limitations in areas where 125 of the median price of residences of a particular size exceed existing mortgage purchase limitations for such residence size. Gives the Director of the Federal Housing Finance Agency (FHFA) discretion to prevent or limit a decrease in the limitation on the maximum original principal obligation of a mortgage that may be purchased by the corporation for an area. Amends the National Housing Act to raise limitations on the maximum principal obligation of mortgages that may be insured by the Secretary of Housing and Urban Development (HUD). Gives the Secretary discretion to prevent or limit a decrease in the maximum dollar amount limitation for any area from taking place for any such area.

To permanently increase the conforming loan limits for the Federal Home Loan Mortgage Corporation and the Federal National Mortgage Association and the FHA maximum mortgage amount limitations.

104_s1079

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Charity Reform Act''. SEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE CHARITIES PROVIDING ASSISTANCE TO THE POOR. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified charitable contributions which are paid by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed by subsection (a) for the taxable year shall not exceed $500 ($1,000 in the case of a joint return under section 6013). ``(c) Qualified Charitable Contribution.--For purposes of this section, the term `qualified charitable contribution' means any charitable contribution (as defined in section 170(c)) made in cash to a qualified charity but only if the amount of each such contribution, and the recipient thereof, are identified on the return for the taxable year during which such contribution is made. ``(d) Qualified Charity.-- ``(1) In general.--For purposes of this section, the term `qualified charity' means, with respect to the taxpayer, any organization which is described in section 501(c)(3) and exempt from tax under section 501(a), and-- ``(A) which, upon request by the organization, is certified by the Secretary as meeting the requirements of paragraphs (2) and (3), or ``(B)(i) which is organized to solicit and collect gifts and grants which, by agreement, are distributed to qualified charities described in subparagraph (A), ``(ii) with respect to which at least 85 percent of the funds so collected are distributed to qualified charities described in subparagraph (A), and ``(iii) which meets the requirements of paragraph (5). ``(2) Charity must primarily assist the poor.--An organization meets the requirements of this paragraph only if the Secretary reasonably expects that the predominant activity of such organization will be the providing of services to individuals and families which are designed to prevent or alleviate poverty among such individuals and families. ``(3) Minimum expense requirement.-- ``(A) In general.--An organization meets the requirements of this paragraph only if the Secretary reasonably expects that the annual poverty program expenses of such organization will not be less than 70 percent of the annual aggregate expenses of such organization. ``(B) Poverty program expense.--For purposes of subparagraph (A)-- ``(i) In general.--The term `poverty program expense' means any expense in providing program services referred to in paragraph (2). ``(ii) Exceptions.--Such term shall not include-- ``(I) any management or general expense, ``(II) any expense for the purpose of influencing legislation (as defined in section 4911(d)), ``(III) any expense primarily for the purpose of fundraising, and ``(IV) any expense for a legal service provided on behalf of any individual referred to in paragraph (2). ``(4) Election to treat poverty programs as separate organization.-- ``(A) In general.--An organization may elect to treat one or more programs operated by it as a separate organization for purposes of this section. ``(B) Effect of election.--If an organization elects the application of this paragraph, the organization, in accordance with regulations, shall-- ``(i) maintain separate accounting for revenues and expenses of programs with respect to which the election was made, ``(ii) ensure that contributions to which this section applies be used only for such programs, and ``(iii) provide for the proportional allocation of management, general, and fundraising expenses to such programs to the extent not allocable to a specific program. ``(C) Reporting requirements.--An organization shall not be required to file any return under section 6033 with respect to any programs treated as a separate organization under this paragraph, except that if the organization is otherwise required to file such a return, such organization shall include on such return the percentages described in the last sentence of section 6033(b) which are determined with respect to such separate organization. ``(5) Additional requirements for solicitation organizations.--The requirements of this paragraph are met if the organization-- ``(A) maintains separate accounting for revenues and expenses, and ``(B) makes available to the public its administrative and fundraising costs and information as to the organizations receiving funds from it and the amount of such funds. ``(e) Coordination With Deduction for Charitable Contributions.-- ``(1) Credit in lieu of deduction.--The credit provided by subsection (a) for any qualified charitable contribution shall be in lieu of any deduction otherwise allowable under this chapter for such contribution. ``(2) Election to have section not apply.--A taxpayer may elect for any taxable year to have this section not apply.'' (b) Returns.-- (1) Qualified charities required to provide copies of annual return.--Subsection (e) of section 6104 of such Code (relating to public inspection of certain annual returns and applications for exemption) is amended by adding at the end the following new paragraph: ``(3) Qualified charities required to provide copies of annual return.-- ``(A) In general.--Every qualified charity (as defined in section 23(d)) shall, upon request of an individual made at an office where such organization's annual return filed under section 6033 is required under paragraph (1) to be available for inspection, provide a copy of such return to such individual without charge other than a reasonable fee for any reproduction and mailing costs. If the request is made in person, such copies shall be provided immediately and, if made other than in person, shall be provided within 30 days. ``(B) Period of availability.--Subparagraph (A) shall apply only during the 3-year period beginning on the filing date (as defined in paragraph (1)(D) of the return requested).'' (2) Additional information.--Section 6033(b) of such Code is amended by adding at the end the following new flush sentence: ``Each qualified charity (as defined in section 23(d)) to which this subsection otherwise applies shall also furnish each of the percentages determined by dividing the following categories of the organization's expenses for the year by its total expenses for the year: program services; management and general; fundraising; and payments to affiliates.'' (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Credit for certain charitable contributions.'' (d) Effective Date.--The amendments made by this section shall apply to contributions made after the 90th day after the date of the enactment of this Act in taxable years ending after such date. SEC. 3. DEDUCTION FOR CHARITABLE CONTRIBUTIONS TO BE ALLOWED TO INDIVIDUALS WHO DO NOT ITEMIZE DEDUCTIONS. (a) In General.--Section 170 of the Internal Revenue Code of 1986 (relating to charitable, etc., contributions and gifts) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Deduction for Individuals Not Itemizing Deductions.--In the case of an individual who does not itemize deductions for the taxable year, the amount allowable under subsection (a) for the taxable year shall be taken into account as a direct charitable deduction under section 63.'' (b) Direct Charitable Deduction.-- (1) In general.--Subsection (b) of section 63 of such Code is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(3) the deduction for charitable contributions under section 170(m).'' (2) Conforming amendment.--Subsection (d) of section 63 of such Code is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the deduction for charitable contributions under section 170(m).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. SEC. 4. CHARITABLE CONTRIBUTION DEDUCTION NOT SUBJECT TO OVERALL LIMITATION ON ITEMIZED DEDUCTIONS. (a) In General.--Subsection (c) of section 68 of the Internal Revenue Code of 1986 (relating to overall limitation on itemized deductions) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(4) the deduction under section 170 (relating to charitable, etc., contributions and gifts).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1995. SEC. 5. CHARITABLE CONTRIBUTIONS MADE BEFORE FILING OF RETURN. (a) In General.--Subsection (a) of section 170 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Time when contributions deemed made.--The taxpayer may elect to treat any charitable contribution which is made not later than the time prescribed by law for filing the return for the taxable year (not including extensions thereof) as being made on the last day of such taxable year. Such an election, once made, shall be irrevocable.'' (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994. SEC. 6. FINANCIAL ACCOUNTABILITY REPORTING REQUIREMENT FOR GOVERNMENTAL POVERTY AND WELFARE PROGRAMS. (a) In General.--Each applicable welfare program shall publish in the Federal Register and other publications generally available to the public within a reasonable period of time following the end of a fiscal year the following information for the fiscal year: (1) Information required to be included on a return under section 6033 of the Internal Revenue Code of 1986 by an organization described in section 501(c)(3) of such Code, including expenses for program services, administrative and general costs, and fundraising. (2) The percentages determined by dividing the following categories of the program's expenses for the year by its total expenses for the year: program services; management and general; and fundraising. (b) Additional Availability.--Each applicable welfare program shall make the information described in subsection (a) available at its principal office and at any of its regional or district offices. Upon request of an individual made at any such office, the program shall provide a copy of the information to such individual without charge other than a reasonable fee for any reproduction and mailing costs. Such request shall be met within 30 days (or immediately if made in person). (c) Applicable Welfare Program.--For purposes of this section, an applicable welfare program is a Federal, State, or local welfare or public assistance program for which Federal funds are appropriated. SEC. 7. STANDARDS FOR DETERMINING SUCCESS OF GOVERNMENTAL WELFARE PROGRAMS. (a) In General.--The Comptroller General of the United States shall conduct a study with respect to applicable welfare programs to develop standards to determine-- (1) whether such programs meet the needs for which the programs were established, and (2) if such programs meet such needs, whether they do so in a cost-effective manner. For purposes of this subsection, the term ``applicable welfare program'' has the meaning given such term by section 6(c). (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall report to the Congress the results of the study conducted under subsection (a), including the standards described therein.

Comprehensive Charity Reform Act - Amends the Internal Revenue Code to allow an individual a tax credit not exceeding $500 for qualified charitable contributions paid to certain private charities providing assistance to the poor. Sets forth provisions providing for the coordination of the credit with deductions allowable for charitable contributions. Allows an individual who does not itemize deductions for the taxable year a direct charitable deduction in the amount allowable for qualified charitable organizations. Exempts the charitable contribution deduction from the overall limitation on itemized deductions. Allows the taxpayer to elect to treat any charitable contribution made before the time prescribed by law for filing of the return for the taxable year as being made on the last day of such taxable year and makes such an election irrevocable.

Comprehensive Charity Reform Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Comprehensive Charity Reform Act". <SECTION-HEADER> CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE CHARITIES PROVIDING ASSISTANCE TO THE POOR. In General. Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 22 the following new section: "Section 23. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS. In General. In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified charitable contributions which are paid by the taxpayer during the taxable year. Limitation. The credit allowed by subsection (a) for the taxable year shall not exceed $500 . Qualified Charitable Contribution. For purposes of this section, the term `qualified charitable contribution' means any charitable contribution (as defined in section 170(c)) made in cash to a qualified charity but only if the amount of each such contribution, and the recipient thereof, are identified on the return for the taxable year during which such contribution is made. Qualified Charity. In general. For purposes of this section, the term `qualified charity' means, with respect to the taxpayer, any organization which is described in section 501(c)(3) and exempt from tax under section 501(a), and which, upon request by the organization, is certified by the Secretary as meeting the requirements of paragraphs (2) and (3), or (i) which is organized to solicit and collect gifts and grants which, by agreement, are distributed to qualified charities described in subparagraph (A), with respect to which at least 85 percent of the funds so collected are distributed to qualified charities described in subparagraph (A), and which meets the requirements of paragraph . Charity must primarily assist the poor. An organization meets the requirements of this paragraph only if the Secretary reasonably expects that the predominant activity of such organization will be the providing of services to individuals and families which are designed to prevent or alleviate poverty among such individuals and families. Minimum expense requirement. In general. An organization meets the requirements of this paragraph only if the Secretary reasonably expects that the annual poverty program expenses of such organization will not be less than 70 percent of the annual aggregate expenses of such organization. Poverty program expense. For purposes of subparagraph (A) In general. The term `poverty program expense' means any expense in providing program services referred to in paragraph (2). Exceptions. Such term shall not include any management or general expense, any expense for the purpose of influencing legislation (as defined in section 4911(d)), any expense primarily for the purpose of fundraising, and any expense for a legal service provided on behalf of any individual referred to in paragraph . Election to treat poverty programs as separate organization. In general. An organization may elect to treat one or more programs operated by it as a separate organization for purposes of this section. Effect of election. If an organization elects the application of this paragraph, the organization, in accordance with regulations, shall maintain separate accounting for revenues and expenses of programs with respect to which the election was made, ensure that contributions to which this section applies be used only for such programs, and provide for the proportional allocation of management, general, and fundraising expenses to such programs to the extent not allocable to a specific program. Reporting requirements. An organization shall not be required to file any return under section 6033 with respect to any programs treated as a separate organization under this paragraph, except that if the organization is otherwise required to file such a return, such organization shall include on such return the percentages described in the last sentence of section 6033(b) which are determined with respect to such separate organization. Additional requirements for solicitation organizations. The requirements of this paragraph are met if the organization maintains separate accounting for revenues and expenses, and makes available to the public its administrative and fundraising costs and information as to the organizations receiving funds from it and the amount of such funds. Coordination With Deduction for Charitable Contributions. Credit in lieu of deduction. The credit provided by subsection (a) for any qualified charitable contribution shall be in lieu of any deduction otherwise allowable under this chapter for such contribution. Election to have section not apply. A taxpayer may elect for any taxable year to have this section not apply." Returns. Qualified charities required to provide copies of annual return. Subsection (e) of section 6104 of such Code is amended by adding at the end the following new paragraph: Qualified charities required to provide copies of annual return. In general. Every qualified charity (as defined in section 23(d)) shall, upon request of an individual made at an office where such organization's annual return filed under section 6033 is required under paragraph (1) to be available for inspection, provide a copy of such return to such individual without charge other than a reasonable fee for any reproduction and mailing costs. If the request is made in person, such copies shall be provided immediately and, if made other than in person, shall be provided within 30 days. Period of availability. Subparagraph (A) shall apply only during the 3-year period beginning on the filing date (as defined in paragraph (1)." Additional information. Section 6033(b) of such Code is amended by adding at the end the following new flush sentence: "Each qualified charity (as defined in section 23(d)) to which this subsection otherwise applies shall also furnish each of the percentages determined by dividing the following categories of the organization's expenses for the year by its total expenses for the year: program services, management and general, fundraising. And payments to affiliates." Clerical Amendment. The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 22 the following new item: "<SECTION-HEADER> Credit for certain charitable contributions." Effective Date. The amendments made by this section shall apply to contributions made after the 90th day after the date of the enactment of this Act in taxable years ending after such date. <SECTION-HEADER> DEDUCTION FOR CHARITABLE CONTRIBUTIONS TO BE ALLOWED TO INDIVIDUALS WHO DO NOT ITEMIZE DEDUCTIONS. In General. Section 170 of the Internal Revenue Code of 1986 is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: Deduction for Individuals Not Itemizing Deductions. In the case of an individual who does not itemize deductions for the taxable year, the amount allowable under subsection (a) for the taxable year shall be taken into account as a direct charitable deduction under section 63." Direct Charitable Deduction. In general. Subsection (b) of section 63 of such Code is amended by striking "and" at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ", and", and by adding at the end thereof the following new paragraph: the deduction for charitable contributions under section 170(m)." Conforming amendment. Subsection (d) of section 63 of such Code is amended by striking "and" at the end of paragraph (1), by striking the period at the end of paragraph and inserting ", and", and by adding at the end the following new paragraph: the deduction for charitable contributions under section 170(m)." Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 1995. <SECTION-HEADER> CHARITABLE CONTRIBUTION DEDUCTION NOT SUBJECT TO OVERALL LIMITATION ON ITEMIZED DEDUCTIONS. In General. Subsection (c) of section 68 of the Internal Revenue Code of 1986 is amended by striking "and" at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ", and", and by adding at the end thereof the following new paragraph: the deduction under section 170 ." Effective Date. The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1995. <SECTION-HEADER> CHARITABLE CONTRIBUTIONS MADE BEFORE FILING OF RETURN. In General. Subsection (a) of section 170 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: Time when contributions deemed made. The taxpayer may elect to treat any charitable contribution which is made not later than the time prescribed by law for filing the return for the taxable year as being made on the last day of such taxable year. Such an election, once made, shall be irrevocable." Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 1994. <SECTION-HEADER> FINANCIAL ACCOUNTABILITY REPORTING REQUIREMENT FOR GOVERNMENTAL POVERTY AND WELFARE PROGRAMS. In General. Each applicable welfare program shall publish in the Federal Register and other publications generally available to the public within a reasonable period of time following the end of a fiscal year the following information for the fiscal year: Information required to be included on a return under section 6033 of the Internal Revenue Code of 1986 by an organization described in section 501(c)(3) of such Code, including expenses for program services, administrative and general costs, and fundraising. The percentages determined by dividing the following categories of the program's expenses for the year by its total expenses for the year: program services, management and general. And fundraising. Additional Availability. Each applicable welfare program shall make the information described in subsection (a) available at its principal office and at any of its regional or district offices. Upon request of an individual made at any such office, the program shall provide a copy of the information to such individual without charge other than a reasonable fee for any reproduction and mailing costs. Such request shall be met within 30 days . Applicable Welfare Program. For purposes of this section, an applicable welfare program is a Federal, State, or local welfare or public assistance program for which Federal funds are appropriated. <SECTION-HEADER> STANDARDS FOR DETERMINING SUCCESS OF GOVERNMENTAL WELFARE PROGRAMS. In General. The Comptroller General of the United States shall conduct a study with respect to applicable welfare programs to develop standards to determine whether such programs meet the needs for which the programs were established, and if such programs meet such needs, whether they do so in a cost-effective manner. For purposes of this subsection, the term "applicable welfare program" has the meaning given such term by section 6(c). Report. Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall report to the Congress the results of the study conducted under subsection , including the standards described therein.

Comprehensive Charity Reform Act - Amends the Internal Revenue Code to allow an individual a tax credit not exceeding $500 for qualified charitable contributions paid to certain private charities providing assistance to the poor. Sets forth provisions providing for the coordination of the credit with deductions allowable for charitable contributions. Allows an individual who does not itemize deductions for the taxable year a direct charitable deduction in the amount allowable for qualified charitable organizations. Exempts the charitable contribution deduction from the overall limitation on itemized deductions. Allows the taxpayer to elect to treat any charitable contribution made before the time prescribed by law for filing of the return for the taxable year as being made on the last day of such taxable year and makes such an election irrevocable.

Comprehensive Charity Reform Act

109_hr3835

TITLE I--NATIONAL OCEAN EXPLORATION PROGRAM SEC. 101. SHORT TITLE. This title may be cited as the ``National Ocean Exploration Program Act''. SEC. 102. ESTABLISHMENT. The Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, shall, in consultation with the National Science Foundation and other appropriate Federal agencies, establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with existing programs of the Administration, including those authorized in title II. SEC. 103. AUTHORITIES. In carrying out the program established under section 102, the Administrator of the National Oceanic and Atmospheric Administration shall-- (1) conduct interdisciplinary exploration voyages or other scientific activities in conjunction with other Federal agencies or academic or educational institutions, to survey little known areas of the marine environment, inventory, observe, and assess living and nonliving marine resources, and report such findings; (2) give priority attention to deep ocean regions, with a focus on surveying deep water marine systems that hold potential for important scientific discoveries, such as hydrothermal vent communities and seamounts; (3) conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration activities that combine archaeology and oceanographic sciences; (4) develop, in consultation with the National Science Foundation, a transparent process for reviewing and approving proposals for activities to be conducted under this program; (5) enhance the technical capability of the United States marine science community by promoting the development of improved oceanographic research, communication, navigation, and data collection systems, as well as underwater platforms and sensors; (6) accept donations of property, data, and equipment to be applied for the purpose of exploring the oceans or increasing knowledge of the oceans; and (7) establish an ocean exploration forum to encourage partnerships and promote communication among experts and other stakeholders in order to enhance the scientific and technical expertise and relevance of the national program. SEC. 104. OCEAN EXPLORATION TECHNOLOGY AND INFRASTRUCTURE TASK FORCE. The National Oceanic and Atmospheric Administration, in coordination with the National Aeronautics and Space Administration, the United States Geological Survey, Office of Naval Research, and relevant governmental, non-governmental, academic, and other experts, shall convene an ocean exploration technology and infrastructure task force to develop and implement a strategy-- (1) to facilitate transfer of new exploration technology to the program established under section 102; (2) to improve availability of communications infrastructure, including satellite capabilities, to the program; (3) to develop an integrated, workable, and comprehensive data management information processing system that will make information on unique and significant features obtained by the program available for research and management purposes; (4) to conduct public outreach activities that improve the public understanding of ocean science, resources, and processes, in conjunction with relevant programs of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other agencies; and (5) to encourage cost-sharing partnerships with governmental and non-governmental entities that will assist in transferring exploration technology and technical expertise to the program. SEC. 105. INTERAGENCY FINANCING. The National Oceanic and Atmospheric Administration, the National Science Foundation, and other Federal agencies involved in the program established under section 102, are authorized to participate in interagency financing and share, transfer, receive, and spend funds appropriated to any Federal participant in the program for the purposes of carrying out any administrative or programmatic project or activity under the program. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Federal participant and the costs of the same. SEC. 106. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT. Nothing in this title or title II supersedes, or limits the authority of the Secretary of the Interior under, the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this title-- (1) $30,500,000 for fiscal year 2006; (2) $33,550,000 for fiscal year 2007; (3) $36,905,000 for fiscal year 2008; (4) $40,596,000 for fiscal year 2009; (5) $44,655,000 for fiscal year 2010; (6) $49,121,000 for fiscal year 2011; (7) $54,033,000 for fiscal year 2012; (8) $59,436,000 for fiscal year 2013; (9) $65,379,000 for fiscal year 2014; and (10) $71,917,000 for fiscal year 2015. TITLE II--UNDERSEA RESEARCH PROGRAM SEC. 201. SHORT TITLE. This title may be cited as the ``NOAA Undersea Research Program Act of 2005''. SEC. 202. ESTABLISHMENT. The Administrator of the National Oceanic and Atmospheric Administration shall establish and maintain an undersea research program and shall designate a Director of that program. SEC. 203. PURPOSE. The purpose of the program established under section 202 is to increase scientific knowledge essential for the informed management, use and preservation of oceanic, coastal, and large lake resources through undersea research, exploration, education, and technology development. The program shall be part of National Oceanic and Atmospheric Administration's undersea research, education, and technology development efforts, and shall make available the infrastructure and expertise to service the undersea science needs of the academic community. SEC. 204. PROGRAM. The program established under section 202 shall be conducted through a national headquarters, a network of regional undersea research centers, and a national technology institute. Overall direction of the program will be provided by the program director with advice from a Council of Center Directors comprised of the directors of the regional centers and the national technology institute. SEC. 205. REGIONAL CENTERS AND TECHNOLOGY INSTITUTE. The following research, exploration, education, and technology programs shall be conducted through the network of regional centers and the national technology institute: (1) Core research and exploration based on national and regional undersea research priorities. (2) Advanced undersea technology development to support the National Oceanic and Atmospheric Administration's research mission and programs, including advanced undersea technology associated with seafloor observatories such as LEO-15 and the Aquarius habitat, remotely operated vehicles, autonomous underwater vehicles, and new sampling and sensing technologies. (3) Undersea science-based education and outreach programs to enrich ocean science education and public awareness of the oceans and Great Lakes. (4) Discovery, study, and development of natural products from ocean and aquatic systems. SEC. 206. COMPETITIVENESS. Except for a small discretionary fund for rapid response activities, for which no more than 10 percent of the program budget shall be set aside, and for National Oceanic and Atmospheric Administration-related service projects, the external projects supported by the regional centers shall be managed using an open and competitive process to evaluate scientific merit, relevance to the National Oceanic and Atmospheric Administration, regional and national research goals, and technical feasibility. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration-- (1) for fiscal year 2006-- (A) $12,500,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $5,000,000 for the National Technology Institute; (2) for fiscal year 2007-- (A) $13,750,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $5,500,000 for the National Technology Institute; (3) for fiscal year 2008-- (A) $15,125,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $6,050,000 for the National Technology Institute; (4) for fiscal year 2009-- (A) $16,638,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $6,655,000 for the National Technology Institute; (5) for fiscal year 2010-- (A) $18,301,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $7,321,000 for the National Technology Institute; (6) for fiscal year 2011-- (A) $20,131,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $8,053,000 for the National Technology Institute; (7) for fiscal year 2012-- (A) $22,145,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $8,859,000 for the National Technology Institute; (8) for fiscal year 2013-- (A) $24,359,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $9,744,000 for the National Technology Institute; (9) for fiscal year 2014-- (A) $26,795,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $10,718,000 for the National Technology Institute; and (10) for fiscal year 2015-- (A) $29,474,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers; and (B) $11,790,000 for the National Technology Institute.

National Ocean Exploration Program Act - Directs the Secretary of Commerce to establish within the National Oceanic and Atmospheric Administration (NOAA) a coordinated national ocean exploration program that promotes collaboration with existing NOAA programs, including those authorized under this Act. Directs the NOAA Administrator to: (1) conduct interdisciplinary exploration voyages or other scientific activities to survey, inventory, observe, and assess little-known areas of the marine environment. (2) give priority to deep ocean regions, focusing on marine systems holding potential for important scientific discoveries. And (3) promote development of improved oceanographic research, communication, navigation, and data collection systems. Requires NOAA to convene an ocean exploration technology and infrastructure task force to develop and implement a strategy to: (1) facilitate the transfer of new exploration technology to the program, (2) improve the availability of communications infrastructure to the program. (3) develop a data management information processing system for information obtained under the program. And (4) conduct public education and outreach activities that improve the public understanding of ocean science, resources, and processes. Authorizes NOAA, the National Science Foundation, and other federal agencies to participate in interagency financing in carrying out program activities. NOAA Undersea Research Program Act of 2005 - Directs the Administrator of NOAA to establish and maintain an undersea research program conducted through a national headquarters, a network of regional undersea research centers, and a national technology institute.

To establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration.

TITLE I NATIONAL OCEAN EXPLORATION PROGRAM Section 101. SHORT TITLE. This title may be cited as the "National Ocean Exploration Program Act". Section 102. ESTABLISHMENT. The Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, shall, in consultation with the National Science Foundation and other appropriate Federal agencies, establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with existing programs of the Administration, including those authorized in title II. Section 103. AUTHORITIES. In carrying out the program established under section 102, the Administrator of the National Oceanic and Atmospheric Administration shall conduct interdisciplinary exploration voyages or other scientific activities in conjunction with other Federal agencies or academic or educational institutions, to survey little known areas of the marine environment, inventory, observe, and assess living and nonliving marine resources, and report such findings. Give priority attention to deep ocean regions, with a focus on surveying deep water marine systems that hold potential for important scientific discoveries, such as hydrothermal vent communities and seamounts. Conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration activities that combine archaeology and oceanographic sciences. Develop, in consultation with the National Science Foundation, a transparent process for reviewing and approving proposals for activities to be conducted under this program. Enhance the technical capability of the United States marine science community by promoting the development of improved oceanographic research, communication, navigation, and data collection systems, as well as underwater platforms and sensors. Accept donations of property, data, and equipment to be applied for the purpose of exploring the oceans or increasing knowledge of the oceans. And establish an ocean exploration forum to encourage partnerships and promote communication among experts and other stakeholders in order to enhance the scientific and technical expertise and relevance of the national program. Section 104. OCEAN EXPLORATION TECHNOLOGY AND INFRASTRUCTURE TASK FORCE. The National Oceanic and Atmospheric Administration, in coordination with the National Aeronautics and Space Administration, the United States Geological Survey, Office of Naval Research, and relevant governmental, non-governmental, academic, and other experts, shall convene an ocean exploration technology and infrastructure task force to develop and implement a strategy to facilitate transfer of new exploration technology to the program established under section 102. To improve availability of communications infrastructure, including satellite capabilities, to the program. To develop an integrated, workable, and comprehensive data management information processing system that will make information on unique and significant features obtained by the program available for research and management purposes. To conduct public outreach activities that improve the public understanding of ocean science, resources, and processes, in conjunction with relevant programs of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other agencies. And to encourage cost-sharing partnerships with governmental and non-governmental entities that will assist in transferring exploration technology and technical expertise to the program. Section 105. INTERAGENCY FINANCING. The National Oceanic and Atmospheric Administration, the National Science Foundation, and other Federal agencies involved in the program established under section 102, are authorized to participate in interagency financing and share, transfer, receive, and spend funds appropriated to any Federal participant in the program for the purposes of carrying out any administrative or programmatic project or activity under the program. Funds may be transferred among such departments and agencies through an appropriate instrument that specifies the goods, services, or space being acquired from another Federal participant and the costs of the same. Section 106. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT. Nothing in this title or title II supersedes, or limits the authority of the Secretary of the Interior under, the Outer Continental Shelf Lands Act . Section 107. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this title $30,500,000 for fiscal year 2006, $33,550,000 for fiscal year 2007, $36,905,000 for fiscal year 2008, $40,596,000 for fiscal year 2009, $44,655,000 for fiscal year 2010, $49,121,000 for fiscal year 2011, $54,033,000 for fiscal year 2012, $59,436,000 for fiscal year 2013, $65,379,000 for fiscal year 2014. And $71,917,000 for fiscal year 2015. TITLE II UNDERSEA RESEARCH PROGRAM Section 201. SHORT TITLE. This title may be cited as the "NOAA Undersea Research Program Act of 2005". Section 202. ESTABLISHMENT. The Administrator of the National Oceanic and Atmospheric Administration shall establish and maintain an undersea research program and shall designate a Director of that program. Section 203. PURPOSE. The purpose of the program established under section 202 is to increase scientific knowledge essential for the informed management, use and preservation of oceanic, coastal, and large lake resources through undersea research, exploration, education, and technology development. The program shall be part of National Oceanic and Atmospheric Administration's undersea research, education, and technology development efforts, and shall make available the infrastructure and expertise to service the undersea science needs of the academic community. Section 204. PROGRAM. The program established under section 202 shall be conducted through a national headquarters, a network of regional undersea research centers, and a national technology institute. Overall direction of the program will be provided by the program director with advice from a Council of Center Directors comprised of the directors of the regional centers and the national technology institute. Section 205. REGIONAL CENTERS AND TECHNOLOGY INSTITUTE. The following research, exploration, education, and technology programs shall be conducted through the network of regional centers and the national technology institute: Core research and exploration based on national and regional undersea research priorities. Advanced undersea technology development to support the National Oceanic and Atmospheric Administration's research mission and programs, including advanced undersea technology associated with seafloor observatories such as LEO-15 and the Aquarius habitat, remotely operated vehicles, autonomous underwater vehicles, and new sampling and sensing technologies. Undersea science-based education and outreach programs to enrich ocean science education and public awareness of the oceans and Great Lakes. Discovery, study, and development of natural products from ocean and aquatic systems. Section 206. COMPETITIVENESS. Except for a small discretionary fund for rapid response activities, for which no more than 10 percent of the program budget shall be set aside, and for National Oceanic and Atmospheric Administration-related service projects, the external projects supported by the regional centers shall be managed using an open and competitive process to evaluate scientific merit, relevance to the National Oceanic and Atmospheric Administration, regional and national research goals, and technical feasibility. Section 207. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration for fiscal year 2006 $12,500,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers, and $5,000,000 for the National Technology Institute. For fiscal year 2007 $13,750,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers, and $5,500,000 for the National Technology Institute. For fiscal year 2008 $15,125,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers, and $6,050,000 for the National Technology Institute. For fiscal year 2009 $16,638,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers, and $6,655,000 for the National Technology Institute. For fiscal year 2010 $18,301,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers, and $7,321,000 for the National Technology Institute. For fiscal year 2011 $20,131,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers, and $8,053,000 for the National Technology Institute. For fiscal year 2012 $22,145,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers, and $8,859,000 for the National Technology Institute. For fiscal year 2013 $24,359,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers, and $9,744,000 for the National Technology Institute. For fiscal year 2014 $26,795,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers, and $10,718,000 for the National Technology Institute. And for fiscal year 2015 $29,474,000 for the regional centers, of which 50 percent shall be for West Coast Regional Centers and 50 percent shall be for East Coast Regional Centers, and $11,790,000 for the National Technology Institute.

National Ocean Exploration Program Act - Directs the Secretary of Commerce to establish within the National Oceanic and Atmospheric Administration (NOAA) a coordinated national ocean exploration program that promotes collaboration with existing NOAA programs, including those authorized under this Act. Directs the NOAA Administrator to: (1) conduct interdisciplinary exploration voyages or other scientific activities to survey, inventory, observe, and assess little-known areas of the marine environment. (2) give priority to deep ocean regions, focusing on marine systems holding potential for important scientific discoveries. And (3) promote development of improved oceanographic research, communication, navigation, and data collection systems. Requires NOAA to convene an ocean exploration technology and infrastructure task force to develop and implement a strategy to: (1) facilitate the transfer of new exploration technology to the program, (2) improve the availability of communications infrastructure to the program. (3) develop a data management information processing system for information obtained under the program. And (4) conduct public education and outreach activities that improve the public understanding of ocean science, resources, and processes. Authorizes NOAA, the National Science Foundation, and other federal agencies to participate in interagency financing in carrying out program activities. NOAA Undersea Research Program Act of 2005 - Directs the Administrator of NOAA to establish and maintain an undersea research program conducted through a national headquarters, a network of regional undersea research centers, and a national technology institute.

To establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration.

106_hr2674

SECTION 1. SHORT TITLE. This Act may be cited as the ``Palmetto Bend Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Project.--The term ``Project'' means the Palmetto Bend Reclamation Project in the State of Texas authorized under Public Law 90-562 (82 Stat. 999). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the Texas Water Development Board and Lavaca-Navidad River Authority jointly, unless Lavaca-Navidad River Authority has acquired the interests of the Texas Water Development Board prior to the time of title transfer, in which case ``State'' shall mean Lavaca-Navidad River Authority. SEC. 3. CONVEYANCE. (a) In General.--The Secretary shall, as soon as practicable after the date of enactment of this Act and in accordance with all applicable law, and subject to the conditions set forth in sections 4 and 5, convey to the State all right, title, and interest (excluding the mineral estate) in and to the Project held by the United States. (b) Report.--If the conveyance under section 3 has not been completed within 1 year and 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1) the status of the conveyance; (2) any obstacles to completion of the conveyance; and (3) the anticipated date for completion of the conveyance. SEC. 4. PAYMENT. (a) In General.--As a condition of the conveyance, the State shall pay the Secretary the adjusted net present value of current repayment obligations on the Project, calculated 30 days prior to closing using a discount rate equal to the average interest rate on 30-year United States Treasury notes during the preceding calendar month, which following application of the State's August 1, 1999, payment, is currently calculated to be $45,082,675 using a discount rate of 6.070 percent. The State shall also pay interest on the adjusted net present value of current repayment obligations from the date of State's most recent annual payment until closing at the interest rate for constant maturity United States Treasury notes of an equivalent term. (b) Obligation Extinguished.--Upon payment by the State under subsection (a), the obligation of the State and the Bureau of Reclamation under the Bureau of Reclamation Contract No. 14-06-500- 1880, as amended shall be extinguished. After completion of conveyance provided for in section 3, the State shall assume full responsibility for all aspects of operation, maintenance, and replacement of the Project. (c) Additional Costs.--The State shall bear the cost of all boundary surveys, title searches, appraisals, and other transaction costs for the conveyance. (d) Reclamation Fund.--All funds paid by the State to the Secretary under this section shall be credited to the Reclamation Fund in the Treasury of the United States. SEC. 5. FUTURE MANAGEMENT. (a) In General.--As a condition of the conveyance under section 3, the State shall agree that the lands, water, and facilities of the Project shall continue to be managed and operated for the purposes for which the Project was originally authorized; that is, to provide a dependable municipal and industrial water supply, to conserve and develop fish and wildlife resources, and to enhance recreational opportunities. The State's agreement shall be reflected in the management agreement required by subsection (b) of this section. (b) Fish, Wildlife, and Recreation Management.--As a condition of conveyance under section 3, management decisions and actions affecting the public aspects of the Project (namely, fish, wildlife, and recreation resources) shall be conducted according to a management agreement between all recipients of title to the Project and the Texas Parks and Wildlife Department that has been approved by the Secretary and shall extend for the useful life of the Project. (c) Existing Obligations.--The United States shall assign to the State and the State shall accept all surface use obligations of the United States associated with the Project existing on the date of the conveyance including contracts, easements, and any permits or license agreements. SEC. 6. MANAGEMENT OF MINERAL ESTATE. All mineral interests in the Project retained by the United States shall be managed consistent with Federal law and in a manner that will not interfere with the purposes for which the Project was authorized. SEC. 7. LIABILITY. (a) In General.--Effective on the date of conveyance of the Project, the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the Project, except for damages caused by acts of negligence committed prior to the date of conveyance by-- (1) the United States; or (2) an employee, agent, or contractor of the United States. (b) No Increase in Liability.--Nothing in this Act increases the liability of the United States beyond that provided for in the Federal Tort Claims Act (28 U.S.C. 2671 et seq.). SEC. 8. FUTURE BENEFITS. After purchase of the Project, the State shall not be entitled to receive any benefits for the Project under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093)), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.).

Directs the State, as a condition of conveyance, to pay the Secretary the adjusted net present value of current repayment obligations on the Project as well as interest. Extinguishes the State's obligation under a specified Bureau of Reclamation contract upon payment of such amount. Requires the State to bear the cost of all boundary surveys, title searches, appraisals, and other transaction costs for the conveyance. Requires State payments to the Secretary to be credited to the Reclamation Fund in the Treasury. Requires, as a condition of the conveyance, that: (1) the State agree that Project lands, water, and facilities shall continue to be managed and operated for the purposes for which the Project was originally authorized. And (2) management actions affecting the public aspects of the Project be conducted according to a management agreement between recipients of title to the Project and the Texas Parks and Wildlife Department approved by the Secretary. Assigns to the State all US surface use obligations associated with the Project. Makes the State, after purchase of the Project, ineligible to receive any benefits for the Project under Federal reclamation law.

Palmetto Bend Conveyance Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Palmetto Bend Conveyance Act". <SECTION-HEADER> DEFINITIONS. In this Act: Project. The term "Project" means the Palmetto Bend Reclamation Project in the State of Texas authorized under Public Law 90-562 . Secretary. The term "Secretary" means the Secretary of the Interior. State. The term "State" means the Texas Water Development Board and Lavaca-Navidad River Authority jointly, unless Lavaca-Navidad River Authority has acquired the interests of the Texas Water Development Board prior to the time of title transfer, in which case "State" shall mean Lavaca-Navidad River Authority. <SECTION-HEADER> CONVEYANCE. In General. The Secretary shall, as soon as practicable after the date of enactment of this Act and in accordance with all applicable law, and subject to the conditions set forth in sections 4 and 5, convey to the State all right, title, and interest in and to the Project held by the United States. Report. If the conveyance under section 3 has not been completed within 1 year and 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the status of the conveyance, any obstacles to completion of the conveyance. And the anticipated date for completion of the conveyance. <SECTION-HEADER> PAYMENT. In General. As a condition of the conveyance, the State shall pay the Secretary the adjusted net present value of current repayment obligations on the Project, calculated 30 days prior to closing using a discount rate equal to the average interest rate on 30-year United States Treasury notes during the preceding calendar month, which following application of the State's August 1, 1999, payment, is currently calculated to be $45,082,675 using a discount rate of 6.070 percent. The State shall also pay interest on the adjusted net present value of current repayment obligations from the date of State's most recent annual payment until closing at the interest rate for constant maturity United States Treasury notes of an equivalent term. Obligation Extinguished. Upon payment by the State under subsection (a), the obligation of the State and the Bureau of Reclamation under the Bureau of Reclamation Contract No. 14-06-500- 1880, as amended shall be extinguished. After completion of conveyance provided for in section 3, the State shall assume full responsibility for all aspects of operation, maintenance, and replacement of the Project. Additional Costs. The State shall bear the cost of all boundary surveys, title searches, appraisals, and other transaction costs for the conveyance. Reclamation Fund. All funds paid by the State to the Secretary under this section shall be credited to the Reclamation Fund in the Treasury of the United States. <SECTION-HEADER> FUTURE MANAGEMENT. In General. As a condition of the conveyance under section 3, the State shall agree that the lands, water, and facilities of the Project shall continue to be managed and operated for the purposes for which the Project was originally authorized. That is, to provide a dependable municipal and industrial water supply, to conserve and develop fish and wildlife resources, and to enhance recreational opportunities. The State's agreement shall be reflected in the management agreement required by subsection (b) of this section. Fish, Wildlife, and Recreation Management. As a condition of conveyance under section 3, management decisions and actions affecting the public aspects of the Project shall be conducted according to a management agreement between all recipients of title to the Project and the Texas Parks and Wildlife Department that has been approved by the Secretary and shall extend for the useful life of the Project. Existing Obligations. The United States shall assign to the State and the State shall accept all surface use obligations of the United States associated with the Project existing on the date of the conveyance including contracts, easements, and any permits or license agreements. <SECTION-HEADER> MANAGEMENT OF MINERAL ESTATE. All mineral interests in the Project retained by the United States shall be managed consistent with Federal law and in a manner that will not interfere with the purposes for which the Project was authorized. <SECTION-HEADER> LIABILITY. In General. Effective on the date of conveyance of the Project, the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the Project, except for damages caused by acts of negligence committed prior to the date of conveyance by the United States. Or an employee, agent, or contractor of the United States. No Increase in Liability. Nothing in this Act increases the liability of the United States beyond that provided for in the Federal Tort Claims Act . <SECTION-HEADER> FUTURE BENEFITS. After purchase of the Project, the State shall not be entitled to receive any benefits for the Project under Federal reclamation law (the Act of June 17, 1902 , and Acts supplemental to and amendatory of that Act .

Directs the State, as a condition of conveyance, to pay the Secretary the adjusted net present value of current repayment obligations on the Project as well as interest. Extinguishes the State's obligation under a specified Bureau of Reclamation contract upon payment of such amount. Requires the State to bear the cost of all boundary surveys, title searches, appraisals, and other transaction costs for the conveyance. Requires State payments to the Secretary to be credited to the Reclamation Fund in the Treasury. Requires, as a condition of the conveyance, that: (1) the State agree that Project lands, water, and facilities shall continue to be managed and operated for the purposes for which the Project was originally authorized. And (2) management actions affecting the public aspects of the Project be conducted according to a management agreement between recipients of title to the Project and the Texas Parks and Wildlife Department approved by the Secretary. Assigns to the State all US surface use obligations associated with the Project. Makes the State, after purchase of the Project, ineligible to receive any benefits for the Project under Federal reclamation law.

Palmetto Bend Conveyance Act

110_s1108

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Part D Outreach and Enrollment Enhancement Act of 2007''. SEC. 2. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS ELIGIBLE FOR AN INCOME-RELATED SUBSIDY. (a) Special Enrollment Period.--Section 1860D-1(b)(3) of the Social Security Act (42 U.S.C. 1395w-101(b)(3)) is amended by adding at the end the following new subparagraph: ``(F) Eligibility for low-income subsidy.-- ``(i) In general.--Subject to clause (iii), in the case of an applicable individual (as defined in clause (ii)). ``(ii) Applicable individual defined.--For purposes of this subparagraph, the term `applicable individual' means a part D eligible individual who is determined to be a subsidy- eligible individual (as defined in section 1860D-14(a)(3)), including such an individual who was enrolled in a prescription drug plan or an MA-PD plan on the date of such determination. ``(iii) Timing of special enrollment period.--The special enrollment period established under this subparagraph shall be for a 90-day period beginning on the date the applicable individual receives notification of such determination.''. (b) Enrollment Process for Subsidy-Eligible Individuals Eligible for Special Enrollment Period.--Section 1860D-1(b)(1) is amended by adding at the end the following new subparagraph: ``(D) Special rule for subsidy-eligible individuals eligible for special enrollment period.--The process established under subparagraph (A) shall include, in the case of an applicable individual (as defined in clause (ii) of paragraph (3)(F)) the following: ``(i) Facilitated enrollment.--During the 90-day period described in clause (iii) of such paragraph, a process for the facilitated enrollment of the individual in the prescription drug plan or MA-PD plan that is most appropriate for such individual (as determined by the Secretary). At the end of such 90-day period, the individual shall be enrolled in such plan unless the individual declines enrollment in the plan or in the program under this part, or chooses to enroll in another plan selected by the individual prior to the end of such 90-day period. ``(ii) One-time change of enrollment.--The opportunity to change enrollment with a prescription drug plan or an MA-PD plan not less than once during a plan year. Nothing in the previous sentence shall limit the ability of a part D eligible individual who is a full- benefit dual eligible individual (as defined in section 1935(c)(6)) to change enrollment under subparagraph (C)''. (c) Waiver of Late Enrollment Penalty.--Section 1860D-13(b) of the Social Security Act (42 U.S.C. 1395w-113(b)) is amended by adding at the end the following new paragraph: ``(8) Waiver of penalty for subsidy-eligible individuals.-- In no case shall a part D eligible individual who is determined to be a subsidy-eligible individual (as defined in section 1860D-14(a)(3)) be subject to an increase in the monthly beneficiary premium established under subsection (a).''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2008. SEC. 3. OUTREACH AND EDUCATION FOR PREMIUM AND COST-SHARING SUBSIDIES UNDER PART D. (a) Additional Funding for Outreach and Assistance.-- (1) State health insurance assistance programs.--There are authorized to be appropriated for each of fiscal years 2008, 2009, 2010, and 2011, an amount equal to $1 multiplied by the total number of individuals entitled to benefits, or enrolled, under part A of title XVIII of the Social Security Act, or enrolled under part B of such title during the fiscal year (as determined by the Secretary of Health and Human Services, based on the most recent available data before the beginning of the fiscal year) to be used to provide additional grants to State Health Insurance Assistance Programs (SHIPs) to conduct outreach and education related to the Medicare program under such title. (2) National center on senior benefits outreach and enrollment.-- (A) In general.--There are appropriated $4,000,000 to the National Center on Senior Benefits Outreach and Enrollment established under section 202(a)(20)(B) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)(20)(B)) to be used to provide outreach and enrollment assistance with respect to premium and cost- sharing subsidies under the Medicare prescription drug program under part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-101 et seq.). (B) Coordination.--The National Center on Senior Benefits Outreach and Enrollment shall coordinate outreach and enrollment assistance conducted under subparagraph (A) with activities conducted by State Health Insurance Assistance Programs (SHIPs) and other appropriate entities that conduct outreach and education related to such premium and cost-sharing subsidies. (b) Encouraging States To Direct Subsidy-Eligible Individuals to Organizations Providing Assistance.-- (1) In general.--The Secretary of Health and Human Services shall encourage States to direct applicable individuals to appropriate organizations and entities that provide assistance with respect to-- (A) applying for premium and cost-sharing subsidies under section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114); and (B) enrolling in a prescription drug plan or an MA- PD plan under part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-101 et seq.). (2) Applicable individuals defined.--In this subsection, the term ``applicable individual'' means an individual the State believes to be, or determines to be, eligible for premium and cost-sharing subsidies under section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114). SEC. 4. SCREENING BY COMMISSIONER OF SOCIAL SECURITY FOR ELIGIBILITY UNDER MEDICARE SAVINGS PROGRAMS. (a) In General.--Section 1860D-14(a)(3)(B)(i) of the Social Security Act (42 U.S.C. 1395w-114(a)(3)(B)(i)) is amended by inserting after the first sentence the following: ``As part of making an eligibility determination under the preceding sentence for an individual, the Commissioner shall screen for the individual's eligibility for medical assistance for any medicare cost-sharing described in section 1905(p)(3) and, if the screening indicates the individual is likely eligible for any such medicare cost-sharing, transmit the pertinent information to the appropriate State Medicaid agency for the determination of eligibility and enrollment of the individual for such medicare cost-sharing under the State plan (or under a waiver of such plan).''. (b) Effective Date.--The amendment made by this section shall take effect on the date of enactment of this Act. SEC. 5. ADMINISTRATION ON AGING STUDY AND REPORT ON SCREENING PROCESSES USED BY GOVERNMENT NEEDS-BASED PROGRAMS. (a) Study.-- (1) In general.--The Assistant Secretary of the Administration on Aging (in this section referred to as the ``Assistant Secretary'') shall conduct a comprehensive study of screening processes used by government needs-based programs. (2) Matters studied.--In conducting the study under paragraph (1), the Assistant Secretary shall-- (A) assess any duplications of effort under existing screening processes used by government needs- based programs; (B) determine the feasibility of creating a uniform screening process for such needs-based programs; (C) determine how the Federal government, State governments, and community-based organizations can better coordinate existing screening processes in order to facilitate the enrollment of seniors into need-based programs; (D) include a cost-benefit analysis with respect to creating a uniform screening process or better streamlining existing screening processes; and (E) determine the feasibility of using the Internet to administer screening processes, as well as the costs and benefits of migrating to on online system. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall submit a report to Congress containing the results of the study conducted under subsection (a), together with recommendations-- (1) to streamline and improve the effectiveness of screening processes used by government needs-based programs; and (2) for such legislation or administrative action as the Assistant Secretary determines appropriate. (c) Authorization.--There are authorized to be appropriated such sums as are necessary to carry out this section.

Medicare Part D Outreach and Enrollment Enhancement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide a special 90-day enrollment period for individuals who qualify for an income-related subsidy under the Medicare prescription drug program under part D , with waiver of any late enrollment fee. Makes appropriations to the National Center on Senior Benefits Outreach and Enrollment to provide outreach and enrollment assistance with respect to premium and cost-sharing subsidies under the drug program. Requires the Commissioner of Social Security, when conducting Medicare eligibility screening, to screen also for an individual's eligibility for medical assistance under SSA title XIX (Medicaid) for any Medicare cost-sharing, and, if the results are positive, report the pertinent information to the appropriate state Medicaid agency for the individual's eligibility determination and enrollment for Medicare cost-sharing under the state plan. Directs the Assistant Secretary of the Administration on Aging to study and report to Congress on screening processes used by government needs-based programs.

A bill to amend title XVIII of the Social Security Act to provide a special enrollment period for individuals who qualify for an income-related subsidy under the Medicare prescription drug program and to provide funding for the conduct of outreach and education with respect to the premium and cost-sharing subsidies under such program, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Medicare Part D Outreach and Enrollment Enhancement Act of 2007". <SECTION-HEADER> SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS ELIGIBLE FOR AN INCOME-RELATED SUBSIDY. Special Enrollment Period. Section 1860D-1(b)(3) of the Social Security Act (42 USC. 1395w-101(b)(3)) is amended by adding at the end the following new subparagraph: Eligibility for low-income subsidy. In general. Subject to clause (iii), in the case of an applicable individual (as defined in clause (ii)). Applicable individual defined. For purposes of this subparagraph, the term `applicable individual' means a part D eligible individual who is determined to be a subsidy- eligible individual (as defined in section 1860D-14(a)(3)), including such an individual who was enrolled in a prescription drug plan or an MA-PD plan on the date of such determination. Timing of special enrollment period. The special enrollment period established under this subparagraph shall be for a 90-day period beginning on the date the applicable individual receives notification of such determination.". Enrollment Process for Subsidy-Eligible Individuals Eligible for Special Enrollment Period. Section 1860D-1(b)(1) is amended by adding at the end the following new subparagraph: Special rule for subsidy-eligible individuals eligible for special enrollment period. The process established under subparagraph (A) shall include, in the case of an applicable individual (as defined in clause (ii) of paragraph (3)(F)) the following: Facilitated enrollment. During the 90-day period described in clause (iii) of such paragraph, a process for the facilitated enrollment of the individual in the prescription drug plan or MA-PD plan that is most appropriate for such individual . At the end of such 90-day period, the individual shall be enrolled in such plan unless the individual declines enrollment in the plan or in the program under this part, or chooses to enroll in another plan selected by the individual prior to the end of such 90-day period. One-time change of enrollment. The opportunity to change enrollment with a prescription drug plan or an MA-PD plan not less than once during a plan year. Nothing in the previous sentence shall limit the ability of a part D eligible individual who is a full- benefit dual eligible individual (as defined in section 1935(c)(6)) to change enrollment under subparagraph (C)". Waiver of Late Enrollment Penalty. Section 1860D-13(b) of the Social Security Act (42 USC. 1395w-113(b)) is amended by adding at the end the following new paragraph: Waiver of penalty for subsidy-eligible individuals. In no case shall a part D eligible individual who is determined to be a subsidy-eligible individual (as defined in section 1860D-14(a)(3)) be subject to an increase in the monthly beneficiary premium established under subsection (a).". Effective Date. The amendments made by this section shall take effect on January 1, 2008. <SECTION-HEADER> OUTREACH AND EDUCATION FOR PREMIUM AND COST-SHARING SUBSIDIES UNDER PART D. Additional Funding for Outreach and Assistance. State health insurance assistance programs. There are authorized to be appropriated for each of fiscal years 2008, 2009, 2010, and 2011, an amount equal to $1 multiplied by the total number of individuals entitled to benefits, or enrolled, under part A of title XVIII of the Social Security Act, or enrolled under part B of such title during the fiscal year to be used to provide additional grants to State Health Insurance Assistance Programs (SHIPs) to conduct outreach and education related to the Medicare program under such title. National center on senior benefits outreach and enrollment. In general. There are appropriated $4,000,000 to the National Center on Senior Benefits Outreach and Enrollment established under section 202(a)(20)(B) of the Older Americans Act of 1965 (42 USC. 3012(a)(20)(B)) to be used to provide outreach and enrollment assistance with respect to premium and cost- sharing subsidies under the Medicare prescription drug program under part D of title XVIII of the Social Security Act . Coordination. The National Center on Senior Benefits Outreach and Enrollment shall coordinate outreach and enrollment assistance conducted under subparagraph (A) with activities conducted by State Health Insurance Assistance Programs (SHIPs) and other appropriate entities that conduct outreach and education related to such premium and cost-sharing subsidies. Encouraging States To Direct Subsidy-Eligible Individuals to Organizations Providing Assistance. In general. The Secretary of Health and Human Services shall encourage States to direct applicable individuals to appropriate organizations and entities that provide assistance with respect to applying for premium and cost-sharing subsidies under section 1860D-14 of the Social Security Act. And enrolling in a prescription drug plan or an MA- PD plan under part D of title XVIII of the Social Security Act . Applicable individuals defined. In this subsection, the term "applicable individual" means an individual the State believes to be, or determines to be, eligible for premium and cost-sharing subsidies under section 1860D-14 of the Social Security Act . <SECTION-HEADER> SCREENING BY COMMISSIONER OF SOCIAL SECURITY FOR ELIGIBILITY UNDER MEDICARE SAVINGS PROGRAMS. In General. Section 1860D-14(a)(3)(B)(i) of the Social Security Act (42 USC. 1395w-114(a)(3)(B)(i)) is amended by inserting after the first sentence the following: "As part of making an eligibility determination under the preceding sentence for an individual, the Commissioner shall screen for the individual's eligibility for medical assistance for any medicare cost-sharing described in section 1905(p)(3) and, if the screening indicates the individual is likely eligible for any such medicare cost-sharing, transmit the pertinent information to the appropriate State Medicaid agency for the determination of eligibility and enrollment of the individual for such medicare cost-sharing under the State plan .". Effective Date. The amendment made by this section shall take effect on the date of enactment of this Act. <SECTION-HEADER> ADMINISTRATION ON AGING STUDY AND REPORT ON SCREENING PROCESSES USED BY GOVERNMENT NEEDS-BASED PROGRAMS. Study. In general. The Assistant Secretary of the Administration on Aging shall conduct a comprehensive study of screening processes used by government needs-based programs. Matters studied. In conducting the study under paragraph (1), the Assistant Secretary shall assess any duplications of effort under existing screening processes used by government needs- based programs. Determine the feasibility of creating a uniform screening process for such needs-based programs. Determine how the Federal government, State governments, and community-based organizations can better coordinate existing screening processes in order to facilitate the enrollment of seniors into need-based programs. Include a cost-benefit analysis with respect to creating a uniform screening process or better streamlining existing screening processes. And determine the feasibility of using the Internet to administer screening processes, as well as the costs and benefits of migrating to on online system. Report. Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall submit a report to Congress containing the results of the study conducted under subsection (a), together with recommendations to streamline and improve the effectiveness of screening processes used by government needs-based programs. And for such legislation or administrative action as the Assistant Secretary determines appropriate. Authorization. There are authorized to be appropriated such sums as are necessary to carry out this section.

Medicare Part D Outreach and Enrollment Enhancement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide a special 90-day enrollment period for individuals who qualify for an income-related subsidy under the Medicare prescription drug program under part D , with waiver of any late enrollment fee. Makes appropriations to the National Center on Senior Benefits Outreach and Enrollment to provide outreach and enrollment assistance with respect to premium and cost-sharing subsidies under the drug program. Requires the Commissioner of Social Security, when conducting Medicare eligibility screening, to screen also for an individual's eligibility for medical assistance under SSA title XIX (Medicaid) for any Medicare cost-sharing, and, if the results are positive, report the pertinent information to the appropriate state Medicaid agency for the individual's eligibility determination and enrollment for Medicare cost-sharing under the state plan. Directs the Assistant Secretary of the Administration on Aging to study and report to Congress on screening processes used by government needs-based programs.

A bill to amend title XVIII of the Social Security Act to provide a special enrollment period for individuals who qualify for an income-related subsidy under the Medicare prescription drug program and to provide funding for the conduct of outreach and education with respect to the premium and cost-sharing subsidies under such program, and for other purposes.

114_s2634

SECTION 1. SHORT TITLE. This Act may be cited as the ``One Health Act of 2016''. SEC. 2. INTERAGENCY ONE HEALTH PROGRAM. (a) In General.--The President, acting through the National Science and Technology Council, shall coordinate and support a national, interagency One Health Program to address infectious diseases in animals and the environment, and to help prevent the transmission of known and emerging infectious diseases between animal populations and human populations. (b) National One Health Framework.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Science and Technology Policy, in cooperation with the National Science and Technology Council, shall develop and submit to Congress a One Health Framework (referred to in this section as the ``framework'') for coordinated Federal activities under the One Health Program. (2) Contents of framework.--The framework described in paragraph (1) shall describe existing efforts and contain recommendations for building upon and complementing the activities of the Centers for Disease Control and Prevention, the Food and Drug Administration, the Department of Agriculture, the United States Agency for International Development, the Environmental Protection Agency, the National Institutes of Health, the Department of Homeland Security, the Department of the Interior, and other departments and agencies, as appropriate, and shall-- (A) identify and describe, as appropriate, activities of Federal agencies and departments under the One Health Program; (B) for the 10-year period beginning in the year the framework is submitted, establish Federal goals and priorities that most effectively advance-- (i) scientific understanding of the connections between human, animal, and environmental health; and (ii) workforce development to prevent and respond to zoonotic disease outbreaks in animals and humans; (C) describe specific activities required to achieve the goals and priorities described in subparagraph (B), such as competitive research grant programs, training and support for scientists, engagement of nongovernmental entities, and participation in international collaborations and research efforts; (D) identify and expand partnerships among Federal agencies, States, academic institutions, nongovernmental organizations, and private entities in order to develop new approaches for reducing hazards to human health from animal and environmental sources and to strengthen understanding of the value of an integrated approach under the One Health Program to addressing public health threats in a manner that prevents duplication; and (E) provide recommendations to Congress regarding additional action or legislation that may be required to assist in establishing the One Health Program. SEC. 3. NATIONAL ONE HEALTH INITIATIVE. (a) Establishment.--As part of the interagency One Health Program, in coordination with the Centers for Disease Control and Prevention, the Food and Drug Administration, the Department of Agriculture, the United States Agency for International Development, the Environmental Protection Agency, the National Institutes of Health, the Department of Homeland Security, the Department of the Interior, and other departments and agencies, as appropriate, the President, acting through the One Health Program shall establish a One Health Initiative to coordinate and implement research and field activities of the Federal Government related to the role of animals and the environment in human health, as described in subsection (b). (b) Activities.--Under the One Health Initiative established under subsection (a), members of the One Health Program shall provide support for activities in furtherance of the goals and priorities under the One Health Framework described in section 2(b), including through-- (1) entering into cooperative agreements with, and awarding grants to, public or private entities, including States, nongovernmental entities, academic institutions, nonprofit organizations, and privately funded philanthropic organizations in order to cover all or part of the costs associated with establishing or strengthening efforts described in the One Health Initiative; and (2) awarding grants to States for the purpose of establishing One Health national centers of excellence, with preference given to States that match Federal grant funds with State funds or funds obtained through State partnerships with private entities, academic institutions, or nonprofit organizations. (c) One Health National Centers of Excellence.--Centers of excellence established under subsection (b)(2) shall carry out activities of the type described in the One Health Framework under section 2(b), including supporting One Health workforce training and bringing together the animal, environmental, and human health workforce to coordinate disease surveillance and prevention efforts. (d) Authorization of Appropriations.-- (1) In general.--To carry out the One Health Initiative under this section, there are authorized to be appropriated $50,000,000 for the period of fiscal years 2016 through 2020. (2) Allocation of funds.--Of the amounts appropriated under paragraph (1), not less than 50 percent shall be allocated to supporting the national centers of excellence under subsection (b)(2). SEC. 4. LEVERAGING INTERNATIONAL SUPPORT. In carrying out section 2, the President shall direct representatives of the United States to appropriate international bodies, including the multilateral development banks, the World Health Organization, the Food and Agriculture Organization of the United Nations, and the World Organization for Animal Health, to use the influence of the United States, consistent with the broad development goals of the United States, to advocate that each such body-- (1) commit to adopting approaches consistent with the One Health Initiative under section 3 to address animal and environmental sources of public health threats prior to their introduction into human populations, including increased coordination and collaboration between human, animal, and environmental health officials; (2) provide technical assistance to the regulatory authorities of governments to remove unnecessary barriers to investment in programs similar to the One Health Initiative programs under section 3; and (3) utilize clear, accountable, and metric-based targets, consistent with the Global Health Security Agenda, to measure the effectiveness of such initiatives.

One Health Act of 2016 This bill requires the National Science and Technology Council (NSTC) to coordinate and support a One Health Program to: (1) address infectious diseases in animals and the environment, and (2) help prevent the transmission of infectious diseases between animal populations and human populations. The Office of Science and Technology Policy, in cooperation with the NSTC, must develop a framework for federal activities under the program. The framework must: describe the activities of federal agencies and departments under the program, establish goals and priorities for advancing scientific understanding and for workforce development and describe activities to achieve these goals and priorities, identify and expand partnerships among federal agencies and others to develop new approaches for reducing hazards to human health from animal and environmental sources and to promote an integrated approach to addressing public health threats in a manner that prevents duplication, and provide recommendations for additional action or legislation to assist in establishing the program. The program must establish an initiative to coordinate and implement federal research and field activities. Program members must support activities described in the framework, including by awarding grants to establish national centers of excellence to carry out those activities. The President must direct representatives of the United States to advocate that international bodies adopt approaches consistent with the initiative, provide technical assistance to governments to remove unnecessary barriers to investment in similar programs, and use certain targets to measure the effectiveness of such initiatives.

One Health Act of 2016

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "One Health Act of 2016". <SECTION-HEADER> INTERAGENCY ONE HEALTH PROGRAM. In General. The President, acting through the National Science and Technology Council, shall coordinate and support a national, interagency One Health Program to address infectious diseases in animals and the environment, and to help prevent the transmission of known and emerging infectious diseases between animal populations and human populations. National One Health Framework. In general. Not later than 1 year after the date of enactment of this Act, the Director of the Office of Science and Technology Policy, in cooperation with the National Science and Technology Council, shall develop and submit to Congress a One Health Framework for coordinated Federal activities under the One Health Program. Contents of framework. The framework described in paragraph (1) shall describe existing efforts and contain recommendations for building upon and complementing the activities of the Centers for Disease Control and Prevention, the Food and Drug Administration, the Department of Agriculture, the United States Agency for International Development, the Environmental Protection Agency, the National Institutes of Health, the Department of Homeland Security, the Department of the Interior, and other departments and agencies, as appropriate, and shall identify and describe, as appropriate, activities of Federal agencies and departments under the One Health Program. For the 10-year period beginning in the year the framework is submitted, establish Federal goals and priorities that most effectively advance scientific understanding of the connections between human, animal, and environmental health. And workforce development to prevent and respond to zoonotic disease outbreaks in animals and humans. Describe specific activities required to achieve the goals and priorities described in subparagraph (B), such as competitive research grant programs, training and support for scientists, engagement of nongovernmental entities, and participation in international collaborations and research efforts. Identify and expand partnerships among Federal agencies, States, academic institutions, nongovernmental organizations, and private entities in order to develop new approaches for reducing hazards to human health from animal and environmental sources and to strengthen understanding of the value of an integrated approach under the One Health Program to addressing public health threats in a manner that prevents duplication. And provide recommendations to Congress regarding additional action or legislation that may be required to assist in establishing the One Health Program. <SECTION-HEADER> NATIONAL ONE HEALTH INITIATIVE. Establishment. As part of the interagency One Health Program, in coordination with the Centers for Disease Control and Prevention, the Food and Drug Administration, the Department of Agriculture, the United States Agency for International Development, the Environmental Protection Agency, the National Institutes of Health, the Department of Homeland Security, the Department of the Interior, and other departments and agencies, as appropriate, the President, acting through the One Health Program shall establish a One Health Initiative to coordinate and implement research and field activities of the Federal Government related to the role of animals and the environment in human health, as described in subsection (b). Activities. Under the One Health Initiative established under subsection (a), members of the One Health Program shall provide support for activities in furtherance of the goals and priorities under the One Health Framework described in section 2(b), including through entering into cooperative agreements with, and awarding grants to, public or private entities, including States, nongovernmental entities, academic institutions, nonprofit organizations, and privately funded philanthropic organizations in order to cover all or part of the costs associated with establishing or strengthening efforts described in the One Health Initiative. And awarding grants to States for the purpose of establishing One Health national centers of excellence, with preference given to States that match Federal grant funds with State funds or funds obtained through State partnerships with private entities, academic institutions, or nonprofit organizations. One Health National Centers of Excellence. Centers of excellence established under subsection (b)(2) shall carry out activities of the type described in the One Health Framework under section 2(b), including supporting One Health workforce training and bringing together the animal, environmental, and human health workforce to coordinate disease surveillance and prevention efforts. Authorization of Appropriations. In general. To carry out the One Health Initiative under this section, there are authorized to be appropriated $50,000,000 for the period of fiscal years 2016 through 2020. Allocation of funds. Of the amounts appropriated under paragraph (1), not less than 50 percent shall be allocated to supporting the national centers of excellence under subsection (2). <SECTION-HEADER> LEVERAGING INTERNATIONAL SUPPORT. In carrying out section 2, the President shall direct representatives of the United States to appropriate international bodies, including the multilateral development banks, the World Health Organization, the Food and Agriculture Organization of the United Nations, and the World Organization for Animal Health, to use the influence of the United States, consistent with the broad development goals of the United States, to advocate that each such body commit to adopting approaches consistent with the One Health Initiative under section 3 to address animal and environmental sources of public health threats prior to their introduction into human populations, including increased coordination and collaboration between human, animal, and environmental health officials. Provide technical assistance to the regulatory authorities of governments to remove unnecessary barriers to investment in programs similar to the One Health Initiative programs under section 3. And utilize clear, accountable, and metric-based targets, consistent with the Global Health Security Agenda, to measure the effectiveness of such initiatives.

One Health Act of 2016 This bill requires the National Science and Technology Council (NSTC) to coordinate and support a One Health Program to: (1) address infectious diseases in animals and the environment, and (2) help prevent the transmission of infectious diseases between animal populations and human populations. The Office of Science and Technology Policy, in cooperation with the NSTC, must develop a framework for federal activities under the program. The framework must: describe the activities of federal agencies and departments under the program, establish goals and priorities for advancing scientific understanding and for workforce development and describe activities to achieve these goals and priorities, identify and expand partnerships among federal agencies and others to develop new approaches for reducing hazards to human health from animal and environmental sources and to promote an integrated approach to addressing public health threats in a manner that prevents duplication, and provide recommendations for additional action or legislation to assist in establishing the program. The program must establish an initiative to coordinate and implement federal research and field activities. Program members must support activities described in the framework, including by awarding grants to establish national centers of excellence to carry out those activities. The President must direct representatives of the United States to advocate that international bodies adopt approaches consistent with the initiative, provide technical assistance to governments to remove unnecessary barriers to investment in similar programs, and use certain targets to measure the effectiveness of such initiatives.

One Health Act of 2016

105_s2460

SECTION 1. DECEPTIVE GAMES OF CHANCE MAILINGS ELIMINATION. (a) Short Title.--This Act may be cited as the ``Deceptive Games of Chance Mailings Elimination Act of 1998''. (b) Nonmailable Matter.-- (1) In general.--Section 3001 of title 39, United States Code, is amended-- (A) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and (B) by inserting after subsection (i) the following: ``(j)(1) Matter otherwise legally acceptable in the mails that constitutes a solicitation or offer in connection with the sales promotion for a product or service or the promotion of a game of skill that includes the chance or opportunity to win anything of value and that contains words or symbols that suggest the recipient will, or is likely to, receive anything of value, shall conform with requirements prescribed in regulations issued by the Postmaster General. ``(2) Matter not in conformance with the regulations prescribed under paragraph (1) shall not be carried or delivered by mail and shall be disposed of as the Postal Service directs. ``(3) Regulations prescribed under paragraph (1) shall require, at a minimum, that-- ``(A) promotion of games of chance mailings contain notification or disclosure statements, with sufficiently large and noticeable type to be effective notice to recipients that-- ``(i) any recipient is not obligated to purchase a product in order to win; ``(ii) sets out the chances of winning accurately; and ``(iii) advises that purchases do not enhance the recipient's chances of winning; ``(B) games of chance mailings shall be clearly labeled to-- ``(i) identify such mailings as games of chance mailings; and ``(ii) prohibit misleading statements representing that recipients are guaranteed winners; and ``(C) solicitations in games of chance mailings may not represent that the recipient is a member of a selected group whose chances of winning are enhanced as a member of that group.''. (2) False representations.--Section 3005(a) of title 39, United States Code, is amended-- (A) in the first sentence by striking ``section 3001 (d), (h), or (i)'' and inserting ``section 3001 (d), (h), (i), or (j)''; and (B) in the second sentence by striking ``section 3001 (d), (h), or (i)'' and inserting ``section 3001 (d), (h), (i), or (j)''. (c) Administrative Subpoenas.-- (1) In general.--Chapter 30 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 3016. Administrative subpoenas ``(a) Authorization of Use of Subpoenas by Postmaster General.--In any investigation conducted under this chapter, the Postmaster General may require by subpoena the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Postmaster General finds relevant or material to the investigation. ``(b) Service.--(1) A subpoena issued under this section may be served by a person designated under section 3061 of title 18 at any place within the territorial jurisdiction of any court of the United States. ``(2) Any such subpoena may be served upon any person who is not to be found within the territorial jurisdiction of any court of the United States, in such manner as the Federal Rules of Civil Procedure prescribe for service in a foreign country. To the extent that the courts of the United States may assert jurisdiction over such person consistent with due process, the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance with this section by such person that such court would have if such person were personally within the jurisdiction of such court. ``(3) Service of any such subpoena may be made by a Postal Inspector upon a partnership, corporation, association, or other legal entity by-- ``(A) delivering a duly executed copy thereof to any partner, executive officer, managing agent, or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity; ``(B) delivering a duly executed copy thereof to the principal office or place of business of the partnership, corporation, association, or entity; or ``(C) depositing such copy in the United States mails, by registered or certified mail, return receipt requested, duly addressed to such partnership, corporation, association, or entity at its principal office or place of business. ``(4) Service of any subpoena may be made upon any natural person by-- ``(A) delivering a duly executed copy to the person to be served; or ``(B) depositing such copy in the United States mails by registered or certified mail, return receipt requested, duly addressed to such person at his residence or principal office or place of business. ``(5) A verified return by the individual serving any such subpoena setting forth the matter of such service shall be proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such subpoena. ``(c) Enforcement.--(1) Whenever any person, partnership, corporation, association, or entity fails to comply with any subpoena duly served upon him, the Postmaster General may request that the Attorney General seek enforcement of the subpoena in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this section. ``(2) Whenever any petition is filed in any district court of the United States under this section, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry into effect the provisions of this section. Any final order entered shall be subject to appeal under section 1291 of title 28. Any disobedience of any final order entered under this section by any court shall be punished as contempt. ``(d) Disclosure.--Any documentary material provided pursuant to any subpoena issued under this section shall be exempt from disclosure under section 552 of title 5.''. (2) Regulations.--Not later than 180 days after the date of enactment of this section, the Postal Service shall promulgate regulations setting out the procedures the Postal Service will use to implement this subsection. (3) Technical and conforming amendment.--The table of sections for chapter 30 of title 39, United States Code, is amended by adding at the end the following: ``3016. Administrative subpoenas.''. (d) Administrative Civil Penalties for Nonmailable Matter Violations.--Section 3012 of title 39, United States Code, is amended by adding at the end the following: ``(e)(1) In any proceeding in which the Postal Service issues an order under section 3005(a), the Postal Service may assess civil penalties in an amount of $10,000 per violation for each mailing of nonmailable matter as defined under any provision of this chapter. ``(2) The Postal Service shall prescribe regulations to carry out the subsection.''.

Deceptive Games of Chance Mailings Elimination Act of 1998 - Amends Federal postal law concerning nonmailable matter with respect to otherwise legally acceptable matter constituting a solicitation or offer in connection with the promotion of a game of chance that contains words or symbols suggesting the recipient will, or is likely to, receive anything of value. Requires such matter to conform with specified regulations issued by the Postmaster General before it may be carried or delivered by mail. Subjects matter violating such regulations to current cease and desist and other postal law sanctions involving false representations and lotteries. Requires any otherwise legally acceptable matter not in conformance with such regulations to be disposed of as the Postal Service directs. Authorizes the use of administrative subpoenas by the Postmaster General in any investigation involving nonmailable matter.

Deceptive Games of Chance Mailings Elimination Act of 1998

<SECTION-HEADER> DECEPTIVE GAMES OF CHANCE MAILINGS ELIMINATION. Short Title. This Act may be cited as the "Deceptive Games of Chance Mailings Elimination Act of 1998". Nonmailable Matter. In general. Section 3001 of title 39, United States Code, is amended by redesignating subsections (j) and (k) as subsections (k) and (l), respectively. And by inserting after subsection (i) the following: (1) Matter otherwise legally acceptable in the mails that constitutes a solicitation or offer in connection with the sales promotion for a product or service or the promotion of a game of skill that includes the chance or opportunity to win anything of value and that contains words or symbols that suggest the recipient will, or is likely to, receive anything of value, shall conform with requirements prescribed in regulations issued by the Postmaster General. Matter not in conformance with the regulations prescribed under paragraph (1) shall not be carried or delivered by mail and shall be disposed of as the Postal Service directs. Regulations prescribed under paragraph (1) shall require, at a minimum, that promotion of games of chance mailings contain notification or disclosure statements, with sufficiently large and noticeable type to be effective notice to recipients that any recipient is not obligated to purchase a product in order to win, sets out the chances of winning accurately. And advises that purchases do not enhance the recipient's chances of winning. Games of chance mailings shall be clearly labeled to identify such mailings as games of chance mailings, and prohibit misleading statements representing that recipients are guaranteed winners. And solicitations in games of chance mailings may not represent that the recipient is a member of a selected group whose chances of winning are enhanced as a member of that group.". False representations. Section 3005(a) of title 39, United States Code, is amended in the first sentence by striking "section 3001 (d), (h), or (i)" and inserting "section 3001 , (h), (i), or (j)". And in the second sentence by striking "section 3001 (d), (h), or (i)" and inserting "section 3001 , (h), (i), or (j)". Administrative Subpoenas. In general. Chapter 30 of title 39, United States Code, is amended by adding at the end the following: "Section 3016. Administrative subpoenas Authorization of Use of Subpoenas by Postmaster General. In any investigation conducted under this chapter, the Postmaster General may require by subpoena the production of any records which the Postmaster General finds relevant or material to the investigation. Service. (1) A subpoena issued under this section may be served by a person designated under section 3061 of title 18 at any place within the territorial jurisdiction of any court of the United States. Any such subpoena may be served upon any person who is not to be found within the territorial jurisdiction of any court of the United States, in such manner as the Federal Rules of Civil Procedure prescribe for service in a foreign country. To the extent that the courts of the United States may assert jurisdiction over such person consistent with due process, the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance with this section by such person that such court would have if such person were personally within the jurisdiction of such court. Service of any such subpoena may be made by a Postal Inspector upon a partnership, corporation, association, or other legal entity by delivering a duly executed copy thereof to any partner, executive officer, managing agent, or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity. Delivering a duly executed copy thereof to the principal office or place of business of the partnership, corporation, association, or entity. Or depositing such copy in the United States mails, by registered or certified mail, return receipt requested, duly addressed to such partnership, corporation, association, or entity at its principal office or place of business. Service of any subpoena may be made upon any natural person by delivering a duly executed copy to the person to be served. Or depositing such copy in the United States mails by registered or certified mail, return receipt requested, duly addressed to such person at his residence or principal office or place of business. A verified return by the individual serving any such subpoena setting forth the matter of such service shall be proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such subpoena. Enforcement. (1) Whenever any person, partnership, corporation, association, or entity fails to comply with any subpoena duly served upon him, the Postmaster General may request that the Attorney General seek enforcement of the subpoena in the district court of the United States for any judicial district in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this section. Whenever any petition is filed in any district court of the United States under this section, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry into effect the provisions of this section. Any final order entered shall be subject to appeal under section 1291 of title 28. Any disobedience of any final order entered under this section by any court shall be punished as contempt. Disclosure. Any documentary material provided pursuant to any subpoena issued under this section shall be exempt from disclosure under section 552 of title 5.". Regulations. Not later than 180 days after the date of enactment of this section, the Postal Service shall promulgate regulations setting out the procedures the Postal Service will use to implement this subsection. Technical and conforming amendment. The table of sections for chapter 30 of title 39, United States Code, is amended by adding at the end the following: "3016. Administrative subpoenas.". Administrative Civil Penalties for Nonmailable Matter Violations. Section 3012 of title 39, United States Code, is amended by adding at the end the following: (1) In any proceeding in which the Postal Service issues an order under section 3005(a), the Postal Service may assess civil penalties in an amount of $10,000 per violation for each mailing of nonmailable matter as defined under any provision of this chapter. The Postal Service shall prescribe regulations to carry out the subsection.".

Deceptive Games of Chance Mailings Elimination Act of 1998 - Amends Federal postal law concerning nonmailable matter with respect to otherwise legally acceptable matter constituting a solicitation or offer in connection with the promotion of a game of chance that contains words or symbols suggesting the recipient will, or is likely to, receive anything of value. Requires such matter to conform with specified regulations issued by the Postmaster General before it may be carried or delivered by mail. Subjects matter violating such regulations to current cease and desist and other postal law sanctions involving false representations and lotteries. Requires any otherwise legally acceptable matter not in conformance with such regulations to be disposed of as the Postal Service directs. Authorizes the use of administrative subpoenas by the Postmaster General in any investigation involving nonmailable matter.

Deceptive Games of Chance Mailings Elimination Act of 1998

104_hr1463

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Capital Area Interest Arbitration Standards Act of 1995''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) affordable public transportation is essential to the economic vitality of the national capital area and is an essential component of regional efforts to improve air quality to meet environmental requirements and to improve the health of both residents of and visitors to the national capital area as well as to preserve the beauty and dignity of the Nation's capital; (2) use of mass transit by both residents of and visitors to the national capital area is substantially affected by the prices charged for such mass transit services, prices that are substantially affected by labor costs, since more than \2/3\ of operating costs are attributable to labor costs; (3) labor costs incurred in providing mass transit in the national capital area have increased at an alarming rate and wages and benefits of operators and mechanics currently are among the highest in the Nation; (4) higher operating costs incurred for public transit in the national capital area cannot be offset by increasing costs to patrons, since this often discourages ridership and thus undermines the public interest in promoting the use of public transit; (5) spiraling labor costs cannot be offset by the governmental entities that are responsible for subsidy payments for public transit services since local governments generally, and the District of Columbia government in particular, are operating under severe fiscal constraints; (6) imposition of mandatory standards applicable to arbitrators resolving arbitration disputes involving interstate compact agencies operating in the national capital area will ensure that wage increases are justified and do not exceed the ability of transit patrons and taxpayers to fund the increase; and (7) Federal legislation is necessary under Article I of section 8 of the United States Constitution to balance the need to moderate and lower labor costs while maintaining industrial peace. (b) Purpose.--It is therefore the purpose of this Act to adopt standards governing arbitration which must be applied by arbitrators resolving disputes involving interstate compact agencies operating in the national capital area in order to lower operating costs for public transportation in the Washington metropolitan area. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``arbitration'' means-- (A) the arbitration of disputes, regarding the terms and conditions of employment, that is required under an interstate compact governing an interstate compact agency operating in the national capital area; and (B) does not include the interpretation and application of rights arising from an existing collective bargaining agreement; (2) the term ``arbitrator'' refers to either a single arbitrator, or a board of arbitrators, chosen under applicable procedures; (3) an interstate compact agency's ``funding ability'' is the ability of the interstate compact agency, or of any governmental jurisdiction which provides subsidy payments or budgetary assistance to the interstate compact agency, to obtain the necessary financial resources to pay for wage and benefit increases for employees of the interstate compact agency; (4) the term ``interstate compact agency operating in the national capital area'' means any interstate compact agency which provides public transit services; (5) the term ``interstate compact agency'' means any agency established by an interstate compact to which the District of Columbia is a signatory; and (6) the term ``public welfare'' includes, with respect to arbitration under an interstate compact-- (A) the financial ability of the individual jurisdictions participating in the compact to pay for the costs of providing public transit services; and (B) the average per capita tax burden, during the term of the collective bargaining agreement to which the arbitration relates, of the residents of the Washington, D.C. metropolitan area, and the effect of an arbitration award rendered pursuant to such arbitration on the respective income or property tax rates of the jurisdictions which provide subsidy payments to the interstate compact agency established under the compact. SEC. 4. STANDARDS FOR ARBITRATORS. (a) Factors in Making Arbitrary Award.--An arbitrator rendering an arbitration award involving the employees of an interstate compact agency operating in the national capital area may not make a finding or a decision for inclusion in a collective bargaining agreement governing conditions of employment without considering the following factors: (1) The existing terms and conditions of employment of the employees in the bargaining unit. (2) All available financial resources of the interstate compact agency. (3) The annual increase or decrease in consumer prices for goods and services as reflected in the most recent consumer price index for the Washington, D.C. metropolitan area, published by the Bureau of Labor Statistics of the United States Department of Labor. (4) The wages, benefits, and terms and conditions of the employment of other employees who perform, in other jurisdictions in the Washington, D.C. standard metropolitan statistical area, services similar to those in the bargaining unit. (5) The special nature of the work performed by the employees in the bargaining unit, including any hazards or the relative ease of employment, physical requirements, educational qualifications, job training and skills, shift assignments, and the demands placed upon the employees as compared to other employees of the interstate compact agency. (6) The interests and welfare of the employees in the bargaining unit, including-- (A) the overall compensation presently received by the employees, having regard not only for wage rates but also for wages for time not worked, including vacations, holidays, and other excused absences; (B) all benefits received by the employees, including previous bonuses, insurance, and pensions; and (C) the continuity and stability of employment. (7) The public welfare. (b) Compact Agency's Funding Ability.--An arbitrator rendering an arbitration award involving the employees of an interstate compact agency operating in the national capital area may not, with respect to a collective bargaining agreement governing conditions of employment, provide for salaries and other benefits that exceed the interstate compact agency's funding ability. (c) Requirements for Final Award.--In resolving a dispute submitted to arbitration involving the employees of an interstate compact agency operating in the national capital area, the arbitrator shall issue a written award that demonstrates that all the factors set forth in subsections (a) and (b) have been considered and applied. An award may grant an increase in pay rates or benefits (including insurance and pension benefits), or reduce hours of work, only if the arbitrator concludes that any costs to the agency do not adversely affect the public welfare. The arbitrator's conclusion regarding the public welfare must be supported by substantial evidence. SEC. 5. PROCEDURES FOR ENFORCEMENT OF AWARDS. (a) Modifications and Finality of Award.--In the case of an arbitration award to which section 4 applies, the interstate compact agency and the employees in the bargaining unit, through their representative, may agree in writing upon any modifications to the award within 10 days after the award is received by the parties. After the end of that 10-day period, the award, with any such modifications, shall become binding upon the interstate compact agency, the employees in the bargaining unit, and the employees' representative. (b) Implementation.--Each party to an award that becomes binding under subsection (a) shall take all actions necessary to implement the award. (c) Judicial Review.--Within 60 days after an award becomes binding under subsection (a), the interstate compact agency or the exclusive representative of the employees concerned may file a civil action in a court which has jurisdiction over the interstate compact agency for review of the award. The court shall review the award on the record, and shall vacate the award or any part of the award, after notice and a hearing, if-- (1) the award is in violation of applicable law; (2) the arbitrator exceeded the arbitrator's powers; (3) the decision by the arbitrator is arbitrary or capricious; (4) the arbitrator conducted the hearing contrary to the provisions of this Act or other statutes or rules that apply to the arbitration so as to substantially prejudice the rights of a party; (5) there was partiality or misconduct by the arbitrator prejudicing the rights of a party; (6) the award was procured by corruption, fraud, or bias on the part of the arbitrator; or (7) the arbitrator did not comply with the provisions of section 4.

National Capital Area Interest Arbitration Standards Act of 1995 - Provides for the adoption of mandatory standards and procedures governing the actions of arbitrators in the arbitration of labor disputes involving transit agencies operating in the Washington, D. C. metropolitan area.

National Capital Area Interest Arbitration Standards Act of 1995

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "National Capital Area Interest Arbitration Standards Act of 1995". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. The Congress finds that affordable public transportation is essential to the economic vitality of the national capital area and is an essential component of regional efforts to improve air quality to meet environmental requirements and to improve the health of both residents of and visitors to the national capital area as well as to preserve the beauty and dignity of the Nation's capital. Use of mass transit by both residents of and visitors to the national capital area is substantially affected by the prices charged for such mass transit services, prices that are substantially affected by labor costs, since more than 23 of operating costs are attributable to labor costs. Labor costs incurred in providing mass transit in the national capital area have increased at an alarming rate and wages and benefits of operators and mechanics currently are among the highest in the Nation. Higher operating costs incurred for public transit in the national capital area cannot be offset by increasing costs to patrons, since this often discourages ridership and thus undermines the public interest in promoting the use of public transit. Spiraling labor costs cannot be offset by the governmental entities that are responsible for subsidy payments for public transit services since local governments generally, and the District of Columbia government in particular, are operating under severe fiscal constraints. Imposition of mandatory standards applicable to arbitrators resolving arbitration disputes involving interstate compact agencies operating in the national capital area will ensure that wage increases are justified and do not exceed the ability of transit patrons and taxpayers to fund the increase. And Federal legislation is necessary under Article I of section 8 of the United States Constitution to balance the need to moderate and lower labor costs while maintaining industrial peace. Purpose. It is therefore the purpose of this Act to adopt standards governing arbitration which must be applied by arbitrators resolving disputes involving interstate compact agencies operating in the national capital area in order to lower operating costs for public transportation in the Washington metropolitan area. <SECTION-HEADER> DEFINITIONS. As used in this Act the term "arbitration" means the arbitration of disputes, regarding the terms and conditions of employment, that is required under an interstate compact governing an interstate compact agency operating in the national capital area. And does not include the interpretation and application of rights arising from an existing collective bargaining agreement. The term "arbitrator" refers to either a single arbitrator, or a board of arbitrators, chosen under applicable procedures. An interstate compact agency's "funding ability" is the ability of the interstate compact agency, or of any governmental jurisdiction which provides subsidy payments or budgetary assistance to the interstate compact agency, to obtain the necessary financial resources to pay for wage and benefit increases for employees of the interstate compact agency. The term "interstate compact agency operating in the national capital area" means any interstate compact agency which provides public transit services. The term "interstate compact agency" means any agency established by an interstate compact to which the District of Columbia is a signatory. And the term "public welfare" includes, with respect to arbitration under an interstate compact the financial ability of the individual jurisdictions participating in the compact to pay for the costs of providing public transit services. And the average per capita tax burden, during the term of the collective bargaining agreement to which the arbitration relates, of the residents of the Washington, D. C. metropolitan area, and the effect of an arbitration award rendered pursuant to such arbitration on the respective income or property tax rates of the jurisdictions which provide subsidy payments to the interstate compact agency established under the compact. <SECTION-HEADER> STANDARDS FOR ARBITRATORS. Factors in Making Arbitrary Award. An arbitrator rendering an arbitration award involving the employees of an interstate compact agency operating in the national capital area may not make a finding or a decision for inclusion in a collective bargaining agreement governing conditions of employment without considering the following factors: The existing terms and conditions of employment of the employees in the bargaining unit. All available financial resources of the interstate compact agency. The annual increase or decrease in consumer prices for goods and services as reflected in the most recent consumer price index for the Washington, D. C. metropolitan area, published by the Bureau of Labor Statistics of the United States Department of Labor. The wages, benefits, and terms and conditions of the employment of other employees who perform, in other jurisdictions in the Washington, D. C. standard metropolitan statistical area, services similar to those in the bargaining unit. The special nature of the work performed by the employees in the bargaining unit, including any hazards or the relative ease of employment, physical requirements, educational qualifications, job training and skills, shift assignments, and the demands placed upon the employees as compared to other employees of the interstate compact agency. The interests and welfare of the employees in the bargaining unit, including the overall compensation presently received by the employees, having regard not only for wage rates but also for wages for time not worked, including vacations, holidays, and other excused absences. All benefits received by the employees, including previous bonuses, insurance, and pensions. And the continuity and stability of employment. The public welfare. Compact Agency's Funding Ability. An arbitrator rendering an arbitration award involving the employees of an interstate compact agency operating in the national capital area may not, with respect to a collective bargaining agreement governing conditions of employment, provide for salaries and other benefits that exceed the interstate compact agency's funding ability. Requirements for Final Award. In resolving a dispute submitted to arbitration involving the employees of an interstate compact agency operating in the national capital area, the arbitrator shall issue a written award that demonstrates that all the factors set forth in subsections (a) and (b) have been considered and applied. An award may grant an increase in pay rates or benefits , or reduce hours of work, only if the arbitrator concludes that any costs to the agency do not adversely affect the public welfare. The arbitrator's conclusion regarding the public welfare must be supported by substantial evidence. <SECTION-HEADER> PROCEDURES FOR ENFORCEMENT OF AWARDS. Modifications and Finality of Award. In the case of an arbitration award to which section 4 applies, the interstate compact agency and the employees in the bargaining unit, through their representative, may agree in writing upon any modifications to the award within 10 days after the award is received by the parties. After the end of that 10-day period, the award, with any such modifications, shall become binding upon the interstate compact agency, the employees in the bargaining unit, and the employees' representative. Implementation. Each party to an award that becomes binding under subsection (a) shall take all actions necessary to implement the award. Judicial Review. Within 60 days after an award becomes binding under subsection (a), the interstate compact agency or the exclusive representative of the employees concerned may file a civil action in a court which has jurisdiction over the interstate compact agency for review of the award. The court shall review the award on the record, and shall vacate the award or any part of the award, after notice and a hearing, if the award is in violation of applicable law, the arbitrator exceeded the arbitrator's powers, the decision by the arbitrator is arbitrary or capricious. The arbitrator conducted the hearing contrary to the provisions of this Act or other statutes or rules that apply to the arbitration so as to substantially prejudice the rights of a party. There was partiality or misconduct by the arbitrator prejudicing the rights of a party. The award was procured by corruption, fraud, or bias on the part of the arbitrator. Or the arbitrator did not comply with the provisions of section 4.

National Capital Area Interest Arbitration Standards Act of 1995 - Provides for the adoption of mandatory standards and procedures governing the actions of arbitrators in the arbitration of labor disputes involving transit agencies operating in the Washington, D. C. metropolitan area.

National Capital Area Interest Arbitration Standards Act of 1995

112_s1616

SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Estate Investment and Jobs Act of 2011''. SEC. 2. EXCEPTION FROM FIRPTA FOR CERTAIN STOCK OF REAL ESTATE INVESTMENT TRUSTS. (a) In General.--Paragraph (3) of section 897(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking all that precedes ``If any class'' and inserting the following: ``(3) Exceptions for certain stock.-- ``(A) Exception for stock regularly traded on established securities markets.--'', (2) by inserting before the period the following: ``. In the case of any class of stock of a real estate investment trust, the preceding sentence shall be applied by substituting `10 percent' for `5 percent''', and (3) by adding at the end the following new subparagraph: ``(B) Exception for certain stock in real estate investment trusts.-- ``(i) In general.--Stock of a real estate investment trust held by a qualified shareholder shall not be treated as a United States real property interest except to the extent that an investor in the qualified shareholder (other than an investor that is a qualified shareholder) holds (directly or indirectly through the qualified shareholder) more than 10 percent of the stock of such real estate investment trust. ``(ii) Qualified shareholder.--For purposes of this subparagraph, the term `qualified shareholder' means an entity-- ``(I) that is eligible for benefits of a comprehensive income tax treaty with the United States which includes an exchange of information program, ``(II) that is a qualified collective investment vehicle, ``(III) whose principal class of interests is listed and regularly traded on one or more recognized stock exchanges (as defined in such comprehensive income tax treaty), and ``(IV) that maintains records on the identity of each person who, at any time during the qualified shareholder's taxable year, is the direct owner of more than 10 percent of the class of interest described in clause (III). ``(iii) Qualified collective investment vehicle.--For purposes of this subparagraph, the term `qualified collective investment vehicle' means an entity that-- ``(I) would be eligible for a reduced rate of withholding under such comprehensive income tax treaty with respect to ordinary dividends paid by a real estate investment trust, even if such entity holds more than 10 percent of the stock of such real estate investment trust, ``(II) would be classified as a United States real property holding corporation (determined without regard to this paragraph) at any time during the 5-year period ending on the date of disposition of or distribution with respect to the entity's interests in a real estate investment trust, or ``(III) is designated as such by the Secretary and is either-- ``(aa) fiscally transparent within the meaning of section 894, or ``(bb) required to include dividends in its gross income, but is entitled to a deduction for distributions to its investors.''. (b) Distributions by Real Estate Investment Trusts.--Paragraph (1) of section 897(h) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Any distribution'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), any distribution'', (2) by inserting ``(10 percent in the case of stock of a real estate investment trust)'' after ``5 percent of such class of stock'', (3) by inserting ``, and any distribution to a qualified shareholder (as defined in subsection (c)(3)(B)(ii)) shall not be treated as gain recognized from the sale or exchange of a United States real property interest to the extent that the stock of the real estate investment trust held by such qualified shareholder is not treated as a United States real property interest under subsection (c)(3)(B)'' before the period at the end of the second sentence, and (4) by adding at the end the following new subparagraph: ``(B) Special rule.--Subparagraph (A) shall not apply to distributions which are treated as a sale or exchange of stock or property pursuant to section 301(c)(3), 302, or 331.''. (c) Definition.--Paragraph (4) of section 897(h) of the Internal Revenue Code of 1986 is amended by adding at the end of subparagraph (B) the following: ``In determining whether a qualified investment entity is domestically controlled, any stock in the qualified investment entity held by another qualified investment entity shall be treated as held by a foreign person unless such other qualified investment entity is domestically controlled. In making such a determination, a qualified investment entity shall be permitted to presume that stock held by a holder of less than 5 percent of a class of stock regularly traded on an established securities market in the United States is held by United States persons throughout the testing period except to the extent that the qualified investment entity has actual knowledge regarding stock ownership.''. (d) Conforming Amendment.--Subparagraph (C) of section 897(c)(6) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``more than 5 percent'' and inserting ``more than 5 or 10 percent, whichever is applicable,'', and (2) by striking ``substituting `5 percent' for `50 percent')'' and inserting ``substituting `5 percent or 10 percent, whichever is applicable' for `50 percent')''. (e) Effective Dates.-- (1) In general.--The amendments made by subsection (a) shall apply to dispositions on and after the date of the enactment of this Act. (2) Distributions.--The amendments made by subsection (b) shall apply to any distribution by a real estate investment trust on or after the date of the enactment of this Act which is treated as a deduction for a taxable year of such trust ending after such date. (3) Definitions.--The amendments made by subsections (c) and (d) shall take effect on the date of the enactment of this Act. SEC. 3. UNITED STATES REAL PROPERTY INTEREST. (a) United States Real Property Interest.--Subparagraph (B) of section 897(c)(1) of the Internal Revenue Code of 1986 is amended by striking all that precedes ``(i) as of the date of the disposition'' and inserting the following: ``(B) Exclusion for interest in certain corporations.--The term `United States real property interest' does not include any interest in a corporation (other than a qualified investment entity (as defined in subsection (h)(4)(A)(i)) if--''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

Real Estate Investment and Jobs Act of 2011 - Amends the Internal Revenue Code to increase from 5 to 10 the allowable ownership interest in real estate investment trust (REIT) stock for purposes of tax exemptions allowed by the Foreign Investment in Real Property Tax Act relating to foreign investment in United States real property interests.

A bill to amend the Internal Revenue Code of 1986 to exempt certain stock of real estate investment trusts from the tax on foreign investments in United States real property interests, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Real Estate Investment and Jobs Act of 2011". <SECTION-HEADER> EXCEPTION FROM FIRPTA FOR CERTAIN STOCK OF REAL ESTATE INVESTMENT TRUSTS. In General. Paragraph (3) of section 897(c) of the Internal Revenue Code of 1986 is amended by striking all that precedes "If any class" and inserting the following: Exceptions for certain stock. Exception for stock regularly traded on established securities markets. ", by inserting before the period the following: ". In the case of any class of stock of a real estate investment trust, the preceding sentence shall be applied by substituting `10 percent' for `5 percent"', and by adding at the end the following new subparagraph: Exception for certain stock in real estate investment trusts. In general. Stock of a real estate investment trust held by a qualified shareholder shall not be treated as a United States real property interest except to the extent that an investor in the qualified shareholder holds more than 10 percent of the stock of such real estate investment trust. Qualified shareholder. For purposes of this subparagraph, the term `qualified shareholder' means an entity that is eligible for benefits of a comprehensive income tax treaty with the United States which includes an exchange of information program, that is a qualified collective investment vehicle, whose principal class of interests is listed and regularly traded on one or more recognized stock exchanges , and that maintains records on the identity of each person who, at any time during the qualified shareholder's taxable year, is the direct owner of more than 10 percent of the class of interest described in clause (III). Qualified collective investment vehicle. For purposes of this subparagraph, the term `qualified collective investment vehicle' means an entity that would be eligible for a reduced rate of withholding under such comprehensive income tax treaty with respect to ordinary dividends paid by a real estate investment trust, even if such entity holds more than 10 percent of the stock of such real estate investment trust, would be classified as a United States real property holding corporation at any time during the 5-year period ending on the date of disposition of or distribution with respect to the entity's interests in a real estate investment trust, or is designated as such by the Secretary and is either fiscally transparent within the meaning of section 894, or required to include dividends in its gross income, but is entitled to a deduction for distributions to its investors.". Distributions by Real Estate Investment Trusts. Paragraph (1) of section 897(h) of the Internal Revenue Code of 1986 is amended by striking "Any distribution" and inserting the following: In general. Except as provided in subparagraph (B), any distribution", by inserting "" after "5 percent of such class of stock", by inserting ", and any distribution to a qualified shareholder (as defined in subsection (c)(3)(B)(ii)) shall not be treated as gain recognized from the sale or exchange of a United States real property interest to the extent that the stock of the real estate investment trust held by such qualified shareholder is not treated as a United States real property interest under subsection (c)(3)(B)" before the period at the end of the second sentence, and by adding at the end the following new subparagraph: Special rule. Subparagraph (A) shall not apply to distributions which are treated as a sale or exchange of stock or property pursuant to section 301(c)(3), 302, or 331.". Definition. Paragraph (4) of section 897(h) of the Internal Revenue Code of 1986 is amended by adding at the end of subparagraph the following: "In determining whether a qualified investment entity is domestically controlled, any stock in the qualified investment entity held by another qualified investment entity shall be treated as held by a foreign person unless such other qualified investment entity is domestically controlled. In making such a determination, a qualified investment entity shall be permitted to presume that stock held by a holder of less than 5 percent of a class of stock regularly traded on an established securities market in the United States is held by United States persons throughout the testing period except to the extent that the qualified investment entity has actual knowledge regarding stock ownership.". Conforming Amendment. Subparagraph (C) of section 897(c)(6) of the Internal Revenue Code of 1986 is amended by striking "more than 5 percent" and inserting "more than 5 or 10 percent, whichever is applicable,", and ". Effective Dates. In general. The amendments made by subsection (a) shall apply to dispositions on and after the date of the enactment of this Act. Distributions. The amendments made by subsection (b) shall apply to any distribution by a real estate investment trust on or after the date of the enactment of this Act which is treated as a deduction for a taxable year of such trust ending after such date. Definitions. The amendments made by subsections (c) and (d) shall take effect on the date of the enactment of this Act. <SECTION-HEADER> UNITED STATES REAL PROPERTY INTEREST. United States Real Property Interest. Subparagraph (B) of section 897(c)(1) of the Internal Revenue Code of 1986 is amended by striking all that precedes "(i) as of the date of the disposition" and inserting the following: Exclusion for interest in certain corporations. The term `United States real property interest' does not include any interest in a corporation (other than a qualified investment entity (as defined in subsection (h)(4)(A)(i)) if ". Effective Date. The amendment made by this section shall take effect on the date of the enactment of this Act.

Real Estate Investment and Jobs Act of 2011 - Amends the Internal Revenue Code to increase from 5 to 10 the allowable ownership interest in real estate investment trust (REIT) stock for purposes of tax exemptions allowed by the Foreign Investment in Real Property Tax Act relating to foreign investment in United States real property interests.

A bill to amend the Internal Revenue Code of 1986 to exempt certain stock of real estate investment trusts from the tax on foreign investments in United States real property interests, and for other purposes.

114_hr6139

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2016''. SEC. 2. MEDICARE ENTITLEMENT TO IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. (a) Kidney Transplant Recipients.--Section 226A(b)(2) of the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except for eligibility for enrollment under part B solely for purposes of coverage of immunosuppressive drugs described in section 1861(s)(2)(J))'' before ``, with the thirty-sixth month''. (b) Individuals Eligible Only for Coverage of Immunosuppressive Drugs.-- (1) In general.--Section 1836 of the Social Security Act (42 U.S.C. 1395o) is amended-- (A) by striking ``Every'' and inserting ``(a) In General.--Every''; and (B) by inserting at the end the following new subsection: ``(b) Individuals Eligible for Immunosuppressive Drug Coverage.-- Beginning on January 1, 2017, every individual whose insurance benefits under part A has ended (whether before, on, or after such date) by reason of section 226A(b)(2) is eligible for enrollment in the insurance program established by this part solely for purposes of coverage of immunosuppressive drugs.''. (2) Conforming amendment.--Sections 1837, 1838, and 1839 of the Social Security Act (42 U.S.C. 1395(o), 42 U.S.C. 1395(p), 42 U.S.C. 1395(q)) are each amended by striking ``1836'' and inserting ``1836(a)'' each place it appears. (c) Enrollment for Individuals Only Eligible for Coverage of Immunosuppressive Drugs.--Section 1837 of the Social Security Act (42 U.S.C. 1395(p)) is amended by adding at the end the following new subsection: ``(m)(1) Any individual who is eligible under section 1836(b) to enroll in the medical insurance program established under this part for purposes of coverage of immunosuppressive drugs may enroll only in such manner and form as may be prescribed by regulations, and only during an enrollment period described in this subsection. ``(2) An individual described in paragraph (1) may enroll beginning on the first day of the third month before the month in which the individual first satisfies section 1836(b). ``(3) An individual described in paragraph (1) whose entitlement for hospital insurance benefits under part A ends by reason of section 226A(b)(2) on or after January 1, 2017, shall be deemed to have enrolled in the medical insurance program established by this part for purposes of coverage of immunosuppressive drugs.''. (d) Coverage Period for Individuals Only Eligible for Coverage of Immunosuppressive Drugs.-- (1) In general.--Section 1838 of the Social Security Act (42 U.S.C. 1395(q)) is amended by adding at the end the following new subsection: ``(g) In the case of an individual described in section 1836(b), the following rules shall apply: ``(1) In the case of such an individual who is deemed to have enrolled in part B for coverage of immunosuppressive drugs under section 1837(m)(3), such individual's coverage period shall begin on the first day of the month in which the individual first satisfies section 1836(b). ``(2) In the case of such an individual who enrolls in part B for coverage of immunosuppressive drugs under section 1837(m)(2), such individual's coverage period shall begin on the first day of the month in which the individual first satisfies section 1836(b) or the month following the month in which the individual so enrolls, whichever is later. ``(3) The provisions of subsections (b) and (d) shall apply with respect to an individual described in paragraph (1) or (2). ``(4) In addition to the reasons for termination under subsection (b), the coverage period of an individual described in paragraph (1) or (2) shall end when the individual becomes entitled to benefits under this title under section 226(a), 226(b), or 226A.''. (2) Conforming amendments.--Section 1838(b) is amended in the matter following paragraph (2) by adding ``or section 1837(m)(3)'' after ``section 1837(f)'' each place it appears. (e) Premiums for Individuals Only Eligible for Coverage of Immunosuppressive Drugs.--Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended-- (1) in subsection (b), by adding at the end the following new sentence: ``No increase in the premium shall be effected for individuals who are enrolled pursuant to section 1836(b) for coverage only of immunosuppressive drugs.''; and (2) by adding at the end the following new subsection: ``(j) Determination of Premium for Individuals Only Eligible for Coverage of Immunosuppressive Drugs.--The Secretary shall, during September of each year, determine and promulgate a monthly premium rate for the succeeding calendar year for individuals who enroll only for the purpose of coverage of immunosuppressive drugs under section 1836(b). Such premium shall be equal to 35 percent of the monthly actuarial rate for enrollees age 65 and over, determined according to paragraph (1), for that succeeding calendar year. The monthly premium of each individual enrolled for coverage of immunosuppressive drugs under section 1836(b) for each month shall be the amount promulgated in this subsection. Such amount shall be adjusted in accordance with subsections (c) and (f).''. (f) Government Contribution.--Section 1844(a) of the Social Security Act (42 U.S.C. 1395(w)) is amended-- (1) in paragraph (3), by striking the period at the end and inserting ``; plus''; (2) by adding after paragraph (3) the following new paragraph: ``(4) a Government contribution equal to the estimated aggregate reduction in premiums payable under part B that results from establishing the premium at 35 percent of the actuarial rate under section 1839(j) instead of 50 percent of the actuarial rate for individuals who enroll only for the purpose of coverage of immunosuppressive drugs under section 1836(b).''; and (3) by adding at the end the following flush matter: ``The Government contribution under paragraph (4) shall be treated as premiums payable and deposited for purposes of subparagraphs (A) and (B) of paragraph (1).''. (g) Extension of Secondary Payer Requirements for ESRD Beneficiaries Eligible for Coverage of Immunosuppressive Drugs.-- Section 1862(b)(1)(C) (42 U.S.C. 1395(y)(b)(1)) is amended by adding at the end the following new sentence: ``With regard to immunosuppressive drugs furnished to an individual who enrolls for the purpose of coverage of immunosuppressive drugs under section 1836(b) on or after January 1, 2017, this subparagraph shall apply without regard to any time limitation, except that when such individual becomes entitled to benefits under this title under sections 226(a) or 226(b), or entitled to or eligible for benefits under this title under section 226A, the provisions of subparagraphs (A) and (B), and the time limitations under this subparagraph, respectively, shall apply.''. (h) Ensuring Coverage Under the Medicare Savings Program.--Section 1905(p)(1)(A) of the Social Security Act (42 U.S.C. 1396d(p)(1)(A)) is amended by inserting ``or an individual who is enrolled under part B for the purpose of coverage of immunosuppressive drugs under section 1836(b)'' after ``section 1818''. (i) Part D.--Section 1860D-1(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w-101(a)(3)(A)) is amended by inserting ``(but not including an individual enrolled solely for coverage of immunosuppressive drugs under section 1836(b))'' before the period at the end.

Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2016 This bill amends titles II and XVIII (Medicare) of the Social Security Act to indefinitely extend Medicare coverage of immunosuppressive drugs for kidney transplant recipients. Under current law, such coverage is limited to 36 months following a transplant.

Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2016

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2016". <SECTION-HEADER> MEDICARE ENTITLEMENT TO IMMUNOSUPPRESSIVE DRUGS FOR KIDNEY TRANSPLANT RECIPIENTS. Kidney Transplant Recipients. Section 226A(b)(2) of the Social Security Act (42 USC. 426-1(b)(2)) is amended by inserting "(except for eligibility for enrollment under part B solely for purposes of coverage of immunosuppressive drugs described in section 1861(s)(2)(J))" before ", with the thirty-sixth month". Individuals Eligible Only for Coverage of Immunosuppressive Drugs. In general. Section 1836 of the Social Security Act is amended by striking "Every" and inserting "(a) In General. Every". And by inserting at the end the following new subsection: Individuals Eligible for Immunosuppressive Drug Coverage. Beginning on January 1, 2017, every individual whose insurance benefits under part A has ended by reason of section 226A(b)(2) is eligible for enrollment in the insurance program established by this part solely for purposes of coverage of immunosuppressive drugs.". Conforming amendment. Sections 1837, 1838, and 1839 of the Social Security Act (42 USC. 1395(o), 42 USC. 1395(p), 42 USC. 1395(q)) are each amended by striking "1836" and inserting "1836(a)" each place it appears. Enrollment for Individuals Only Eligible for Coverage of Immunosuppressive Drugs. Section 1837 of the Social Security Act (42 USC. 1395(p)) is amended by adding at the end the following new subsection: (1) Any individual who is eligible under section 1836(b) to enroll in the medical insurance program established under this part for purposes of coverage of immunosuppressive drugs may enroll only in such manner and form as may be prescribed by regulations, and only during an enrollment period described in this subsection. An individual described in paragraph (1) may enroll beginning on the first day of the third month before the month in which the individual first satisfies section 1836(b). An individual described in paragraph (1) whose entitlement for hospital insurance benefits under part A ends by reason of section 226A(b)(2) on or after January 1, 2017, shall be deemed to have enrolled in the medical insurance program established by this part for purposes of coverage of immunosuppressive drugs.". Coverage Period for Individuals Only Eligible for Coverage of Immunosuppressive Drugs. In general. Section 1838 of the Social Security Act (42 USC. 1395(q)) is amended by adding at the end the following new subsection: In the case of an individual described in section 1836(b), the following rules shall apply: In the case of such an individual who is deemed to have enrolled in part B for coverage of immunosuppressive drugs under section 1837(m)(3), such individual's coverage period shall begin on the first day of the month in which the individual first satisfies section 1836(b). In the case of such an individual who enrolls in part B for coverage of immunosuppressive drugs under section 1837(m)(2), such individual's coverage period shall begin on the first day of the month in which the individual first satisfies section 1836(b) or the month following the month in which the individual so enrolls, whichever is later. The provisions of subsections (b) and (d) shall apply with respect to an individual described in paragraph (1) or . In addition to the reasons for termination under subsection (b), the coverage period of an individual described in paragraph (1) or (2) shall end when the individual becomes entitled to benefits under this title under section 226(a), 226(b), or 226A.". Conforming amendments. Section 1838(b) is amended in the matter following paragraph (2) by adding "or section 1837(m)(3)" after "section 1837(f)" each place it appears. Premiums for Individuals Only Eligible for Coverage of Immunosuppressive Drugs. Section 1839 of the Social Security Act is amended in subsection (b), by adding at the end the following new sentence: "No increase in the premium shall be effected for individuals who are enrolled pursuant to section 1836(b) for coverage only of immunosuppressive drugs.". And by adding at the end the following new subsection: Determination of Premium for Individuals Only Eligible for Coverage of Immunosuppressive Drugs. The Secretary shall, during September of each year, determine and promulgate a monthly premium rate for the succeeding calendar year for individuals who enroll only for the purpose of coverage of immunosuppressive drugs under section 1836(b). Such premium shall be equal to 35 percent of the monthly actuarial rate for enrollees age 65 and over, determined according to paragraph (1), for that succeeding calendar year. The monthly premium of each individual enrolled for coverage of immunosuppressive drugs under section 1836(b) for each month shall be the amount promulgated in this subsection. Such amount shall be adjusted in accordance with subsections (c) and (f).". Government Contribution. Section 1844(a) of the Social Security Act (42 USC. 1395(w)) is amended in paragraph (3), by striking the period at the end and inserting ", plus". By adding after paragraph (3) the following new paragraph: a Government contribution equal to the estimated aggregate reduction in premiums payable under part B that results from establishing the premium at 35 percent of the actuarial rate under section 1839(j) instead of 50 percent of the actuarial rate for individuals who enroll only for the purpose of coverage of immunosuppressive drugs under section 1836(b).". And by adding at the end the following flush matter: "The Government contribution under paragraph (4) shall be treated as premiums payable and deposited for purposes of subparagraphs (A) and (B) of paragraph (1).". Extension of Secondary Payer Requirements for ESRD Beneficiaries Eligible for Coverage of Immunosuppressive Drugs. Section 1862(b)(1)(C) (42 USC. 1395(y)(b)(1)) is amended by adding at the end the following new sentence: "With regard to immunosuppressive drugs furnished to an individual who enrolls for the purpose of coverage of immunosuppressive drugs under section 1836(b) on or after January 1, 2017, this subparagraph shall apply without regard to any time limitation, except that when such individual becomes entitled to benefits under this title under sections 226(a) or 226(b), or entitled to or eligible for benefits under this title under section 226A, the provisions of subparagraphs (A) and (B), and the time limitations under this subparagraph, respectively, shall apply.". Ensuring Coverage Under the Medicare Savings Program. Section 1905(p)(1)(A) of the Social Security Act (42 USC. 1396d(p)(1)(A)) is amended by inserting "or an individual who is enrolled under part B for the purpose of coverage of immunosuppressive drugs under section 1836(b)" after "section 1818". Part D. Section 1860D-1(a)(3)(A) of the Social Security Act (42 USC. 1395w-101(a)(3)(A)) is amended by inserting "(but not including an individual enrolled solely for coverage of immunosuppressive drugs under section 1836(b))" before the period at the end.

Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2016 This bill amends titles II and XVIII (Medicare) of the Social Security Act to indefinitely extend Medicare coverage of immunosuppressive drugs for kidney transplant recipients. Under current law, such coverage is limited to 36 months following a transplant.

Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2016

103_hr274

SECTION 1. IMMEDIATE ENTITLEMENT TO BENEFITS IN PRORATED AMOUNT FOR FIRST MONTH IN WHICH REQUIREMENTS ARE MET. (a) Old-Age Insurance Benefits.-- (1) Immediate entitlement.--The first sentence of section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``beginning with--'' and all that follows and inserting the following: ``beginning with the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3) and ending with the month preceding the month in which he or she dies.''. (2) Proration for first month.--The second sentence of section 202(a) of such Act (42 U.S.C. 402(a)) is amended by inserting before the period at the end the following: ``; except that, in the case of an individual who has attained age 62 but has not attained retirement age (as defined in section 216(1)), the benefit for the first month in which he or she meets the criteria specified in paragraphs (1), (2), and (3) of this subsection shall be equal to an amount which bears the same ratio to the benefit which would be determined for such individual under the preceding provisions of this sentence as the number of days in such month on which he or she meets such criteria bears to 30''. (b) Wife's Insurance Benefits.-- (1) Immediate entitlement.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended by striking ``beginning with-- '' and all that follows through ``ending with'' (in the matter between subparagraphs (D) and (E)) and inserting the following: ``beginning with the first month in which she meets the criteria specified in subparagraphs (A), (B), (C), and (D) and ending with''. (2) Proration for first month.--Section 202(b)(2) of such Act (42 U.S.C. 402(b)(2)) is amended by inserting before the period at the end the following: ``; except that, in the case of a wife or divorced wife who has not attained retirement age (as defined in section 216(1)) or whose husband (or, in the case of a divorced wife, whose former husband) is entitled to disability insurance benefits, the benefit for the first month in which she meets the criteria specified in subparagraphs (A), (B), (C) and (D) of paragraph (1) shall be equal to an amount which bears the same ratio to the benefit which would be determined for her under the preceding provisions of this paragraph as the number of days in such month on which she meets such criteria bears to 30''. (c) Husband's Insurance Benefits.-- (1) Immediate entitlement.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended by striking ``beginning with-- '' and all that follows through ``ending with'' (in the matter between subparagraphs (D) and (E)) and inserting the following: ``beginning with the first month in which he meets the criteria specified in subparagraphs (A), (B), (C), and (D) and ending with''. (2) Proration for first month.--Section 202(c)(3) of such Act (42 U.S.C. 402(c)(3)) is amended by inserting before the period at the end the following: ``; except that, in the case of a husband or divorced husband who has not attained retirement age (as defined in section 216(1)) or whose wife (or, in the case of a divorced husband, whose former wife) is entitled to disability insurance benefits, the benefit for the first month in which he meets the criteria specified in subparagraphs (A), (B), (C) and (D) of paragraph (1) shall be equal to an amount which bears the same ratio to the benefit which would be determined for him under the preceding provisions of this paragraph as the number of days in such month on which he meets such criteria bears to 30''. (d) Child's Insurance Benefits.-- (1) Immediate entitlement.--The first sentence of section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended by striking ``beginning with--'' and all that follows through ``ending with'' (in the matter between subparagraphs (D) and (E)) and inserting the following: ``beginning with the first month in which such meets the criteria specified in subparagraphs (A), (B), and (C) and ending with''. (2) Proration for first month.--The first sentence of section 202(d)(2) of such Act (42 U.S.C. 402(d)(2)) is amended by inserting before the period at the end the following: ``; except that the benefit for the first month in which the child meets the criteria specified in subparagraphs (A), (B), and (C) of paragraph (1) shall be equal to an amount which bears the same ratio to the benefit which would be determined for the child under the preceding provisions of this sentence as the number of days in such month on which the child meets such criteria bears to 30''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall apply only with respect to individuals whose first month of entitlement to benefits under subsection (a), (b), (c), or (d) of section 202 of the Social Security Act (determined without regard to section 202(j)(1) of such Act) is a month after the month in which this Act is enacted.

Amends title II of the Social Security Act to provide prorated old-age and survivors benefits for the first month in which individuals become eligible for such benefits.

To amend title II of the Social Security Act to provide that an applicant for old-age, wife's, husband's, or child's insurance benefits who under present law does not qualify for a benefit for the first month in which he or she meets the applicable entitlement conditions shall be entitled to a prorated benefit for that month.

<SECTION-HEADER> IMMEDIATE ENTITLEMENT TO BENEFITS IN PRORATED AMOUNT FOR FIRST MONTH IN WHICH REQUIREMENTS ARE MET. Old-Age Insurance Benefits. Immediate entitlement. The first sentence of section 202(a) of the Social Security Act (42 USC. 402(a)) is amended by striking "beginning with " and all that follows and inserting the following: "beginning with the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3) and ending with the month preceding the month in which he or she dies.". Proration for first month. The second sentence of section 202(a) of such Act (42 USC. 402(a)) is amended by inserting before the period at the end the following: ". Except that, in the case of an individual who has attained age 62 but has not attained retirement age (as defined in section 216(1)), the benefit for the first month in which he or she meets the criteria specified in paragraphs (1), (2), and (3) of this subsection shall be equal to an amount which bears the same ratio to the benefit which would be determined for such individual under the preceding provisions of this sentence as the number of days in such month on which he or she meets such criteria bears to 30". Wife's Insurance Benefits. Immediate entitlement. Section 202(b)(1) of such Act (42 USC. 402(b)(1)) is amended by striking "beginning with " and all that follows through "ending with" (in the matter between subparagraphs (D) and (E)) and inserting the following: "beginning with the first month in which she meets the criteria specified in subparagraphs (A), (B), (C), and (D) and ending with". Proration for first month. Section 202(b)(2) of such Act (42 USC. 402(b)(2)) is amended by inserting before the period at the end the following: ". Except that, in the case of a wife or divorced wife who has not attained retirement age (as defined in section 216(1)) or whose husband is entitled to disability insurance benefits, the benefit for the first month in which she meets the criteria specified in subparagraphs (A). (C) and (D) of paragraph (1) shall be equal to an amount which bears the same ratio to the benefit which would be determined for her under the preceding provisions of this paragraph as the number of days in such month on which she meets such criteria bears to 30". Husband's Insurance Benefits. Immediate entitlement. Section 202(c)(1) of such Act (42 USC. 402(c)(1)) is amended by striking "beginning with " and all that follows through "ending with" (in the matter between subparagraphs (D) and (E)) and inserting the following: "beginning with the first month in which he meets the criteria specified in subparagraphs (A), (B), (C), and (D) and ending with". Proration for first month. Section 202(c)(3) of such Act (42 USC. 402(c)(3)) is amended by inserting before the period at the end the following: ". Except that, in the case of a husband or divorced husband who has not attained retirement age (as defined in section 216(1)) or whose wife is entitled to disability insurance benefits, the benefit for the first month in which he meets the criteria specified in subparagraphs (A), (B), (C) and (D) of paragraph (1) shall be equal to an amount which bears the same ratio to the benefit which would be determined for him under the preceding provisions of this paragraph as the number of days in such month on which he meets such criteria bears to 30". Child's Insurance Benefits. Immediate entitlement. The first sentence of section 202(d)(1) of such Act (42 USC. 402(d)(1)) is amended by striking "beginning with " and all that follows through "ending with" (in the matter between subparagraphs (D) and ) and inserting the following: "beginning with the first month in which such meets the criteria specified in subparagraphs (A), (B), and (C) and ending with". Proration for first month. The first sentence of section 202(d)(2) of such Act (42 USC. 402(d)(2)) is amended by inserting before the period at the end the following: ". Except that the benefit for the first month in which the child meets the criteria specified in subparagraphs (A), (B), and (C) of paragraph (1) shall be equal to an amount which bears the same ratio to the benefit which would be determined for the child under the preceding provisions of this sentence as the number of days in such month on which the child meets such criteria bears to 30". <SECTION-HEADER> EFFECTIVE DATE. The amendments made by this Act shall apply only with respect to individuals whose first month of entitlement to benefits under subsection (a), (b), (c), or (d) of section 202 of the Social Security Act (determined without regard to section 202(j) is a month after the month in which this Act is enacted.

Amends title II of the Social Security Act to provide prorated old-age and survivors benefits for the first month in which individuals become eligible for such benefits.

To amend title II of the Social Security Act to provide that an applicant for old-age, wife's, husband's, or child's insurance benefits who under present law does not qualify for a benefit for the first month in which he or she meets the applicable entitlement conditions shall be entitled to a prorated benefit for that month.

114_hr2485

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Infrastructure Accelerator Act of 2015''. SEC. 2. PURPOSES. The purpose of this program is to facilitate and mobilize investment in, and the long-term financing of, economically viable covered infrastructure projects of regional or national significance by providing funding for these projects, including through private sector financing, to accelerate the delivery of high-quality, critical infrastructure through a self-sustaining regional infrastructure accelerator that mitigates risk with technical expertise and best practices. SEC. 3. REGIONAL INFRASTRUCTURE ACCELERATOR PROGRAM ESTABLISHED. (a) In General.--From amounts appropriated under paragraphs (1) and (3) of section 8, the Secretary of Treasury may establish a regional infrastructure accelerator program (in this section referred to as the ``Program'') to provide grants to regional infrastructure accelerators to establish and administer a process for developing the priorities of and acquiring financing for covered infrastructure projects. (b) Program Structure.--The Program established pursuant to this Act shall include-- (1) an initial grant to a regional infrastructure accelerator that submits an application and a plan for promoting investment in covered infrastructure projects; and (2) a subsequent grant to a regional infrastructure accelerator for the purpose of awarding subgrants to one or more State, local, or regional public entities to support covered infrastructure projects and within the geographic area represented by the regional infrastructure accelerator. SEC. 4. INITIAL GRANTS TO REGIONAL INFRASTRUCTURE ACCELERATORS. (a) Application.--A regional infrastructure accelerator that seeks a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including a plan that describes how the regional infrastructure accelerator will promote investment in covered infrastructure projects by-- (1) providing guidance and feedback to State, local, or regional public entities on infrastructure priorities, financing strategies, and other matters relating to such projects; (2) evaluating and promoting innovative financing methods; (3) connecting sources of financing to the State, local, or regional public entities; (4) establishing standards to measure life-cycle costs of investments in such projects, defined as budgetary impacts of the design, development or construction, operations, and maintenance of an infrastructure asset; (5) building capacity of State and local governments to evaluate and structure projects involving the investment of private capital; and (6) providing technical assistance and information on best practices with respect to such projects which shall include-- (A) identifying and selecting qualified advisors such as infrastructure financial analysts and contract negotiators; (B) incorporating resiliency risk analyses into project planning and design; (C) preparing and reviewing requests for qualifications and proposals from private sector partners; and (D) applying standardized analyses and processes that provide quantitative data on infrastructure investments, or specifically a ``value for money'' analysis. (b) Selection.--From applications received under subsection (a), the Secretary shall select 5 regional infrastructure accelerators from geographically diverse regions to receive a grant under this section. (c) Structure of Regional Infrastructure Accelerators.-- (1) In general.--To be eligible to receive a grant under this Act, a regional infrastructure accelerator shall have a board of directors. (2) Board of directors.-- (A) Composition.--The board of directors of a regional infrastructure accelerator shall include at least one representative of each State, locality, or region in the area served by the regional infrastructure accelerator, as nominated by a governing body participating in the regional infrastructure accelerator and that participated in submitting an application under subsection (a). (B) Duties.--The duties of the board of directors shall be to-- (i) develop and approve of a regional infrastructure accelerator plan for their respective regional infrastructure accelerator; (ii) select subgrantees for award of funds for predevelopment costs, as described in section 5; and (iii) approve of and submit a report to the Secretary as described in subsection (e). (C) Requirements to approve plan.--In carrying out its duties under subparagraph (B)(i), the Board of Directors shall consider public stakeholder input from-- (i) a public project sponsor with experience in infrastructure financing; (ii) an entity with the ability to finance covered infrastructure projects in the area served by the regional infrastructure accelerator, including private sector equity investors, public pension funds, endowments, and other financial investment funds; (iii) a construction or real estate development entity with the capacity to develop covered infrastructure projects in the area served by the regional infrastructure accelerator; (iv) a representative of an organized labor association or an association of workers representing labor and workplace standards; (v) a legal expert with experience in contract development and execution of public private partnerships; and (vi) a representative of each Federal agency or department with jurisdiction over covered infrastructure projects. (d) Use of Funds.--A regional infrastructure accelerator that is awarded a grant under this section shall use such grant to-- (1) assess regional approaches to advancing innovative investment in covered infrastructure projects; (2) develop strategies for-- (A) transparency in the analysis of covered infrastructure projects to ensure protection of the public interest; (B) the bundling of smaller scale and rural projects into a larger transaction for investment; and (C) reducing transaction costs; (3) facilitatate the creation of a catalog of covered infrastructure projects available for investment; and (4) analyze and apply procurement methods for covered infrastructure projects, including-- (A) assessing taxpayer benefits of contractual agreements for the management and allocation of risks in infrastructure procurement; (B) measuring the speed and quality of project completion; (C) assessing the use of contracting strategies in which teams provide design, construction, financing, and maintenance solutions for performance outcomes; and (D) complete the report described in subsection (e). (e) Report.--Not later than 12 months after receipt of a grant under this section each regional infrastructure accelerator shall submit to the Secretary a report, which shall include-- (1) an update on the implementation of the plan described in subsection (a); (2) a description of the infrastructure needs of the region to be served by the regional infrastructure accelerator; (3) a proposal of covered infrastructure projects to be accomplished through a subsequent grant awarded under section 4; and (4) the procurement strategies the regional infrastructure accelerator intends to use for such covered infrastructure projects. (f) Selection for Subsequent Grant.--The Secretary shall review the reports submitted under subsection (e) and select not fewer than 4 regional infrastructure accelerators to receive a subsequent grant pursuant to section 4. SEC. 5. SUBSEQUENT GRANTS TO REGIONAL INFRASTRUCTURE ACCELERATORS. (a) In General.--Not later than 60 days after the Secretary reviews the report submitted under section 4(e), and from amounts appropriated under section 8(2), the Secretary shall award grants to the regional infrastructure accelerators selected under section 4(f). A regional infrastructure accelerator may use a grant awarded under this section to make subgrants to State, local, or regional public entities for predevelopment costs. (b) Restrictions on Subgrants.--Regional infrastructure accelerators may make subgrants to State, local, or regional public entities for predevelopment costs in an amount not to exceed $300,000 or 75 percent of the project costs, whichever is less. The subgrantee shall provide, or shall secure from other sources, funding for remaining balance of the project costs. Funds made available under this section for predevelopment costs cannot be used to pay for work already completed. (c) Application.--A State, local, or regional public entity may submit an application for a subgrant to a regional infrastructure accelerator that receives a grant under subsection (a) at such time, in such manner, and containing such information as the regional infrastructure accelerator may reasonably require. (d) Use of Funds.--Eligible costs shall include the following costs associated with covered infrastructure projects: (1) Project planning, feasibility studies, economic assessments, cost-benefit analyses, and public benefit studies. (2) ``Value-for-money'' analyses. (3) Design and engineering. (4) Financial planning (including the identification of funding and financing options). (5) Permitting, environmental review, and regulatory processes. (6) Assessment of the impacts of potential projects on the area, including the effect on communities and environment. (7) The workforce and wages and benefits, as well as assessment of infrastructure vulnerability and resilience to the impacts of climate change and other risks. (8) Public outreach and community engagement. SEC. 6. REPORT TO CONGRESS. Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the effectiveness of the Program established under this Act. The report shall include an overview of the Program and findings related to the effectiveness of regional collaboration on infrastructure investment, infrastructure finance, and the utilization of procurement methods (as described in section 4(d)(4)). SEC. 7. DEFINITIONS. In this Act, the following definitions shall apply: (1) Covered infrastructure project.--In this Act, the term ``covered infrastructure project'' means an infrastructure project-- (A) that is sponsored by a State, local, or regional public entity; and (B) that involves the construction, consolidation, alteration, or repair of any of the following: (i) Intercity passenger or freight rail lines. (ii) Intercity passenger rail facilities or equipment. (iii) Intercity freight rail facilities or equipment. (iv) Intercity passenger bus facilities or equipment. (v) Public transportation facilities or equipment. (vi) Highway facilities, including bridges and tunnels. (vii) Airports. (viii) Air traffic control systems. (ix) Port or marine terminal facilities, including approaches to marine terminal facilities or inland port facilities. (x) Port or marine equipment, including fixed equipment to serve approaches to marine terminals or inland ports. (xi) Ports of entry or border crossing infrastructure. (xii) Transmission or distribution pipelines. (xiii) Inland waterways. (xiv) Intermodal facilities or equipment related to 2 or more of the sectors described in clauses (i) through (xiii). (xv) Water treatment and solid waste disposal facilities, including drinking water facilities. (xvi) Storm water management systems. (xvii) Dams and levees. (xviii) Facilities or equipment for energy transmission, distribution or storage. (2) Regional infrastructure accelerator.--The term ``regional infrastructure accelerator'' means a multi- jurisdictional organization organized and dedicated to provide technical assistance, financing options, and resources for covered infrastructure projects within the jurisdictions represented in such organization. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (4) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out the Program established under this Act $25,000,000, of which-- (1) $11,500,000 shall be used for initial grants to regional infrastructure accelerator under section 3, to be expended not later than 9 months after the date of enactment of this Act; (2) $13,000,000 shall be used for subgrants to covered entities under section 4, to be expended not later than 6 months after the submission of the final report required under section 4(e); and (3) $500,000 shall be used for administrative costs of the Program.

Regional Infrastructure Accelerator Act of 2015 This bill authorizes the Department of the Treasury to establish a regional infrastructure accelerator program to provide grants to regional infrastructure accelerators to establish and administer a process for developing the priorities of, and acquiring financing for, covered infrastructure projects. A quot, regional infrastructure acceleratorquot. Is defined as a multi-jurisdictional organization dedicated to provide technical assistance, financing options, and resources for covered infrastructure projects within the represented jurisdictions. A quot, covered infrastructure projectquot. Is as an infrastructure project sponsored by a state, local, or regional public entity that involves the construction, consolidation, alteration, or repair of rail, bus, or public transportation facilities or equipment, highway facilities , airports, port or marine facilities and equipment, pipelines, inland waterways, intermodal facilities and equipment, water treatment and solid waste disposal facilities, storm water management systems, dams and levees, and facilities or equipment for energy transmission, distribution, or storage. From applications received, Treasury shall select five regional infrastructure accelerators from geographically diverse regions to receive initial grants. A regional infrastructure accelerator shall use such a grant to: assess regional approaches to advancing innovative investment in covered infrastructure projects. Develop strategies for transparency in the analysis of such projects to ensure protection of the public interest, for the bundling of smaller scale and rural projects into a larger transaction for investment, and for reducing transaction costs. Facilitate the creation of a catalog of covered infrastructure projects available for investment. And analyze and apply project procurement methods. Treasury shall review reports submitted by such accelerators and select four of them to receive subsequent grants. A selected accelerator may use such subsequent grant to make subgrants to public entities for covered infrastructure predevelopment costs, which may include project planning, feasibility studies, economic assessments, cost-benefit analyses, public benefit studies, design and engineering, financial planning, permitting, environmental review, assessment of the impacts on the area, workforce and wages and benefits, assessment of infrastructure vulnerability and resilience to the impacts of climate change and other risks, and public outreach and community engagement.

Regional Infrastructure Accelerator Act of 2015

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Regional Infrastructure Accelerator Act of 2015". <SECTION-HEADER> PURPOSES. The purpose of this program is to facilitate and mobilize investment in, and the long-term financing of, economically viable covered infrastructure projects of regional or national significance by providing funding for these projects, including through private sector financing, to accelerate the delivery of high-quality, critical infrastructure through a self-sustaining regional infrastructure accelerator that mitigates risk with technical expertise and best practices. <SECTION-HEADER> REGIONAL INFRASTRUCTURE ACCELERATOR PROGRAM ESTABLISHED. In General. From amounts appropriated under paragraphs (1) and of section 8, the Secretary of Treasury may establish a regional infrastructure accelerator program to provide grants to regional infrastructure accelerators to establish and administer a process for developing the priorities of and acquiring financing for covered infrastructure projects. Program Structure. The Program established pursuant to this Act shall include an initial grant to a regional infrastructure accelerator that submits an application and a plan for promoting investment in covered infrastructure projects. And a subsequent grant to a regional infrastructure accelerator for the purpose of awarding subgrants to one or more State, local, or regional public entities to support covered infrastructure projects and within the geographic area represented by the regional infrastructure accelerator. <SECTION-HEADER> INITIAL GRANTS TO REGIONAL INFRASTRUCTURE ACCELERATORS. Application. A regional infrastructure accelerator that seeks a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including a plan that describes how the regional infrastructure accelerator will promote investment in covered infrastructure projects by providing guidance and feedback to State, local, or regional public entities on infrastructure priorities, financing strategies, and other matters relating to such projects, evaluating and promoting innovative financing methods. Connecting sources of financing to the State, local, or regional public entities. Establishing standards to measure life-cycle costs of investments in such projects, defined as budgetary impacts of the design, development or construction, operations, and maintenance of an infrastructure asset. Building capacity of State and local governments to evaluate and structure projects involving the investment of private capital. And providing technical assistance and information on best practices with respect to such projects which shall include identifying and selecting qualified advisors such as infrastructure financial analysts and contract negotiators, incorporating resiliency risk analyses into project planning and design. Preparing and reviewing requests for qualifications and proposals from private sector partners. And applying standardized analyses and processes that provide quantitative data on infrastructure investments, or specifically a "value for money" analysis. Selection. From applications received under subsection (a), the Secretary shall select 5 regional infrastructure accelerators from geographically diverse regions to receive a grant under this section. Structure of Regional Infrastructure Accelerators. In general. To be eligible to receive a grant under this Act, a regional infrastructure accelerator shall have a board of directors. Board of directors. Composition. The board of directors of a regional infrastructure accelerator shall include at least one representative of each State, locality, or region in the area served by the regional infrastructure accelerator, as nominated by a governing body participating in the regional infrastructure accelerator and that participated in submitting an application under subsection (a). Duties. The duties of the board of directors shall be to develop and approve of a regional infrastructure accelerator plan for their respective regional infrastructure accelerator. Select subgrantees for award of funds for predevelopment costs, as described in section 5. And approve of and submit a report to the Secretary as described in subsection (e). Requirements to approve plan. In carrying out its duties under subparagraph (B)(i), the Board of Directors shall consider public stakeholder input from a public project sponsor with experience in infrastructure financing. An entity with the ability to finance covered infrastructure projects in the area served by the regional infrastructure accelerator, including private sector equity investors, public pension funds, endowments, and other financial investment funds. A construction or real estate development entity with the capacity to develop covered infrastructure projects in the area served by the regional infrastructure accelerator. A representative of an organized labor association or an association of workers representing labor and workplace standards. A legal expert with experience in contract development and execution of public private partnerships. And a representative of each Federal agency or department with jurisdiction over covered infrastructure projects. Use of Funds. A regional infrastructure accelerator that is awarded a grant under this section shall use such grant to assess regional approaches to advancing innovative investment in covered infrastructure projects. Develop strategies for transparency in the analysis of covered infrastructure projects to ensure protection of the public interest. The bundling of smaller scale and rural projects into a larger transaction for investment, and reducing transaction costs. Facilitatate the creation of a catalog of covered infrastructure projects available for investment. And analyze and apply procurement methods for covered infrastructure projects, including assessing taxpayer benefits of contractual agreements for the management and allocation of risks in infrastructure procurement, measuring the speed and quality of project completion. Assessing the use of contracting strategies in which teams provide design, construction, financing, and maintenance solutions for performance outcomes. And complete the report described in subsection . Report. Not later than 12 months after receipt of a grant under this section each regional infrastructure accelerator shall submit to the Secretary a report, which shall include an update on the implementation of the plan described in subsection (a). A description of the infrastructure needs of the region to be served by the regional infrastructure accelerator. A proposal of covered infrastructure projects to be accomplished through a subsequent grant awarded under section 4. And the procurement strategies the regional infrastructure accelerator intends to use for such covered infrastructure projects. Selection for Subsequent Grant. The Secretary shall review the reports submitted under subsection (e) and select not fewer than 4 regional infrastructure accelerators to receive a subsequent grant pursuant to section 4. <SECTION-HEADER> SUBSEQUENT GRANTS TO REGIONAL INFRASTRUCTURE ACCELERATORS. In General. Not later than 60 days after the Secretary reviews the report submitted under section 4(e), and from amounts appropriated under section 8(2), the Secretary shall award grants to the regional infrastructure accelerators selected under section 4(f). A regional infrastructure accelerator may use a grant awarded under this section to make subgrants to State, local, or regional public entities for predevelopment costs. Restrictions on Subgrants. Regional infrastructure accelerators may make subgrants to State, local, or regional public entities for predevelopment costs in an amount not to exceed $300,000 or 75 percent of the project costs, whichever is less. The subgrantee shall provide, or shall secure from other sources, funding for remaining balance of the project costs. Funds made available under this section for predevelopment costs cannot be used to pay for work already completed. Application. A State, local, or regional public entity may submit an application for a subgrant to a regional infrastructure accelerator that receives a grant under subsection (a) at such time, in such manner, and containing such information as the regional infrastructure accelerator may reasonably require. Use of Funds. Eligible costs shall include the following costs associated with covered infrastructure projects: Project planning, feasibility studies, economic assessments, cost-benefit analyses, and public benefit studies. "Value-for-money" analyses. Design and engineering. Financial planning . Permitting, environmental review, and regulatory processes. Assessment of the impacts of potential projects on the area, including the effect on communities and environment. The workforce and wages and benefits, as well as assessment of infrastructure vulnerability and resilience to the impacts of climate change and other risks. Public outreach and community engagement. <SECTION-HEADER> REPORT TO CONGRESS. Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the effectiveness of the Program established under this Act. The report shall include an overview of the Program and findings related to the effectiveness of regional collaboration on infrastructure investment, infrastructure finance, and the utilization of procurement methods (as described in section 4(d)(4)). <SECTION-HEADER> DEFINITIONS. In this Act, the following definitions shall apply: Covered infrastructure project. In this Act, the term "covered infrastructure project" means an infrastructure project that is sponsored by a State, local, or regional public entity. And that involves the construction, consolidation, alteration, or repair of any of the following: Intercity passenger or freight rail lines. Intercity passenger rail facilities or equipment. Intercity freight rail facilities or equipment. Intercity passenger bus facilities or equipment. Public transportation facilities or equipment. Highway facilities, including bridges and tunnels. Airports. Air traffic control systems. Port or marine terminal facilities, including approaches to marine terminal facilities or inland port facilities. Port or marine equipment, including fixed equipment to serve approaches to marine terminals or inland ports. Ports of entry or border crossing infrastructure. Transmission or distribution pipelines. Inland waterways. Intermodal facilities or equipment related to 2 or more of the sectors described in clauses (i) through (xiii). Water treatment and solid waste disposal facilities, including drinking water facilities. Storm water management systems. Dams and levees. Facilities or equipment for energy transmission, distribution or storage. Regional infrastructure accelerator. The term "regional infrastructure accelerator" means a multi- jurisdictional organization organized and dedicated to provide technical assistance, financing options, and resources for covered infrastructure projects within the jurisdictions represented in such organization. Secretary. The term "Secretary" means the Secretary of the Treasury. State. The term "State" means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out the Program established under this Act $25,000,000, of which $11,500,000 shall be used for initial grants to regional infrastructure accelerator under section 3, to be expended not later than 9 months after the date of enactment of this Act. $13,000,000 shall be used for subgrants to covered entities under section 4, to be expended not later than 6 months after the submission of the final report required under section 4(e). And $500,000 shall be used for administrative costs of the Program.

Regional Infrastructure Accelerator Act of 2015 This bill authorizes the Department of the Treasury to establish a regional infrastructure accelerator program to provide grants to regional infrastructure accelerators to establish and administer a process for developing the priorities of, and acquiring financing for, covered infrastructure projects. A quot, regional infrastructure acceleratorquot. Is defined as a multi-jurisdictional organization dedicated to provide technical assistance, financing options, and resources for covered infrastructure projects within the represented jurisdictions. A quot, covered infrastructure projectquot. Is as an infrastructure project sponsored by a state, local, or regional public entity that involves the construction, consolidation, alteration, or repair of rail, bus, or public transportation facilities or equipment, highway facilities , airports, port or marine facilities and equipment, pipelines, inland waterways, intermodal facilities and equipment, water treatment and solid waste disposal facilities, storm water management systems, dams and levees, and facilities or equipment for energy transmission, distribution, or storage. From applications received, Treasury shall select five regional infrastructure accelerators from geographically diverse regions to receive initial grants. A regional infrastructure accelerator shall use such a grant to: assess regional approaches to advancing innovative investment in covered infrastructure projects. Develop strategies for transparency in the analysis of such projects to ensure protection of the public interest, for the bundling of smaller scale and rural projects into a larger transaction for investment, and for reducing transaction costs. Facilitate the creation of a catalog of covered infrastructure projects available for investment. And analyze and apply project procurement methods. Treasury shall review reports submitted by such accelerators and select four of them to receive subsequent grants. A selected accelerator may use such subsequent grant to make subgrants to public entities for covered infrastructure predevelopment costs, which may include project planning, feasibility studies, economic assessments, cost-benefit analyses, public benefit studies, design and engineering, financial planning, permitting, environmental review, assessment of the impacts on the area, workforce and wages and benefits, assessment of infrastructure vulnerability and resilience to the impacts of climate change and other risks, and public outreach and community engagement.

Regional Infrastructure Accelerator Act of 2015

111_s3743

SECTION 1. REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS. (a) Definitions.--Section 134(b) of title 23, United States Code, is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following: ``(5) Regional transportation planning organization.--The term `regional transportation planning organization' means the policy board of an organization established or designated under section 135(k).''. (b) Additional Requirements.--Section 135(e) of such title is amended-- (1) in the matter preceding paragraph (1) by striking ``consider''; (2) by striking paragraph (1) and inserting the following: ``(1) with respect to nonmetropolitan areas, cooperate with affected nonmetropolitan local officials with responsibility for transportation through regional transportation planning organizations;''; (3) in paragraph (2) by striking ``the concerns'' and inserting ``consider the concerns''; and (4) in paragraph (3)-- (A) by striking ``coordination of'' and inserting ``coordinate''; and (B) by striking ``the transportation improvement program'' and inserting ``transportation improvement programs''. (c) Long-Range Statewide Transportation Plan.--Section 135(f)(2) of such title is amended-- (1) by striking subparagraph (B) and inserting the following: ``(B) Nonmetropolitan areas.--With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan local officials with responsibility for transportation through regional transportation planning organizations.''; and (2) in subparagraph (D)(i), by striking ``and local agencies responsible for'' and inserting ``regional, and local agencies responsible for economic development, emergency management, transportation planning,''. (d) Statewide Transportation Improvement Program.--Section 135(g) of such title is amended-- (1) in paragraph (2), by striking subparagraph (B) and inserting the following: ``(B) Nonmetropolitan areas.--With respect to each nonmetropolitan area in the State, the program shall be developed in cooperation with affected nonmetropolitan local officials with responsibility for transportation through regional transportation planning organizations.''; and (2) in the first sentence of paragraph (5), by inserting ``through regional transportation planning organizations'' before the period at the end. (e) Funding.--Section 135(h) of such title is amended by striking ``section 104(f)'' and inserting ``sections 104(f) and 505''. (f) Designation of Regional Transportation Planning Organizations.--Section 135 of such title is amended by adding at the end the following: ``(k) Designation of Regional Transportation Planning Organizations.-- ``(1) In general.--To carry out the transportation planning process required under this section, States shall establish, designate, and use amounts made available to the State to carry out this section to fund regional transportation planning organizations to enhance the planning, coordination, and implementation of statewide transportation plans and programs, with an emphasis on addressing the needs of nonmetropolitan areas of the State. ``(2) Structure.--Each regional transportation planning organization shall be established as a multi-jurisdictional organization of nonmetropolitan local officials or their designees who volunteer for such organization and representatives of local transportation systems who volunteer for such organization. ``(3) Memorandum of understanding.--Each regional transportation planning organization shall be formed by a memorandum of understanding between the State and nonmetropolitan local officials or as otherwise provided under State law. ``(4) Function.--Each regional transportation planning organization shall work cooperatively to plan, coordinate, and implement transportation systems in nonmetropolitan areas. ``(5) Requirements.--Each regional transportation planning organization shall establish, at a minimum-- ``(A) a policy committee, the majority of which shall be comprised of nonmetropolitan local officials, or their designees, and which shall include, as appropriate, additional representatives from the State, private business, transportation service providers, economic development practitioners, and the public in the region; and ``(B) a fiscal and administrative agent, such as an existing regional planning and development organization, to provide professional planning, management, and administrative support. ``(6) Duties.--The regional transportation planning organization shall-- ``(A) ensure that nonmetropolitan local officials are meaningfully involved in the statewide transportation planning process; ``(B) develop and maintain, in cooperation with the State, regional long-range multimodal transportation plans; ``(C) develop a regional transportation improvement program for consideration by the State; ``(D) foster the coordination of local planning, land use, and economic development plans with State, regional, and local transportation plans and programs; ``(E) provide technical assistance to local officials; ``(F) participate in national, multi-State, and State policy and planning development processes to ensure the regional and local input of nonmetropolitan areas; ``(G) provide a forum for public participation in the statewide and regional transportation planning processes; ``(H) consider and share plans and programs with neighboring regional transportation planning organizations, metropolitan planning organizations, and, as appropriate, tribal organizations; and ``(I) conduct other duties, as necessary, to support and enhance the statewide planning process described in subsection (d).''.

Requires states, at a minimum, to cooperate with affected nonmetropolitan local officials responsible for transportation through regional transportation planning organizations to develop and implement long-range statewide transportation plans and statewide transportation improvement programs, with emphasis on addressing the transportation needs of nonmetropolitan areas of the state. Defines a regional transportation planning organization as a multi-jurisdictional organization composed of nonmetropolitan local officials and representatives of local transportation systems who all volunteer for such organization.

A bill to amend title 23, United States Code, to incorporate regional transportation planning organizations into statewide transportation planning, and for other purposes.

<SECTION-HEADER> REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS. Definitions. Section 134(b) of title 23, United States Code, is amended by redesignating paragraphs (5) and (6) as paragraphs and (7), respectively. And by inserting after paragraph (4) the following: Regional transportation planning organization. The term `regional transportation planning organization' means the policy board of an organization established or designated under section 135(k).". Additional Requirements. Section 135(e) of such title is amended in the matter preceding paragraph (1) by striking "consider". By striking paragraph (1) and inserting the following: with respect to nonmetropolitan areas, cooperate with affected nonmetropolitan local officials with responsibility for transportation through regional transportation planning organizations, ". In paragraph (2) by striking "the concerns" and inserting "consider the concerns". And in paragraph (3) by striking "coordination of" and inserting "coordinate". And by striking "the transportation improvement program" and inserting "transportation improvement programs". Long-Range Statewide Transportation Plan. Section 135(f)(2) of such title is amended by striking subparagraph (B) and inserting the following: Nonmetropolitan areas. With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan local officials with responsibility for transportation through regional transportation planning organizations.". And in subparagraph (D)(i), by striking "and local agencies responsible for" and inserting "regional, and local agencies responsible for economic development, emergency management, transportation planning,". Statewide Transportation Improvement Program. Section 135(g) of such title is amended in paragraph (2), by striking subparagraph (B) and inserting the following: Nonmetropolitan areas. With respect to each nonmetropolitan area in the State, the program shall be developed in cooperation with affected nonmetropolitan local officials with responsibility for transportation through regional transportation planning organizations.". And in the first sentence of paragraph (5), by inserting "through regional transportation planning organizations" before the period at the end. Funding. Section 135(h) of such title is amended by striking "section 104(f)" and inserting "sections 104(f) and 505". Designation of Regional Transportation Planning Organizations. Section 135 of such title is amended by adding at the end the following: Designation of Regional Transportation Planning Organizations. In general. To carry out the transportation planning process required under this section, States shall establish, designate, and use amounts made available to the State to carry out this section to fund regional transportation planning organizations to enhance the planning, coordination, and implementation of statewide transportation plans and programs, with an emphasis on addressing the needs of nonmetropolitan areas of the State. Structure. Each regional transportation planning organization shall be established as a multi-jurisdictional organization of nonmetropolitan local officials or their designees who volunteer for such organization and representatives of local transportation systems who volunteer for such organization. Memorandum of understanding. Each regional transportation planning organization shall be formed by a memorandum of understanding between the State and nonmetropolitan local officials or as otherwise provided under State law. Function. Each regional transportation planning organization shall work cooperatively to plan, coordinate, and implement transportation systems in nonmetropolitan areas. Requirements. Each regional transportation planning organization shall establish, at a minimum a policy committee, the majority of which shall be comprised of nonmetropolitan local officials, or their designees, and which shall include, as appropriate, additional representatives from the State, private business, transportation service providers, economic development practitioners, and the public in the region. And a fiscal and administrative agent, such as an existing regional planning and development organization, to provide professional planning, management, and administrative support. Duties. The regional transportation planning organization shall ensure that nonmetropolitan local officials are meaningfully involved in the statewide transportation planning process. Develop and maintain, in cooperation with the State, regional long-range multimodal transportation plans. Develop a regional transportation improvement program for consideration by the State. Foster the coordination of local planning, land use, and economic development plans with State, regional, and local transportation plans and programs, provide technical assistance to local officials. Participate in national, multi-State, and State policy and planning development processes to ensure the regional and local input of nonmetropolitan areas. Provide a forum for public participation in the statewide and regional transportation planning processes. Consider and share plans and programs with neighboring regional transportation planning organizations, metropolitan planning organizations, and, as appropriate, tribal organizations. And conduct other duties, as necessary, to support and enhance the statewide planning process described in subsection (d).".

Requires states, at a minimum, to cooperate with affected nonmetropolitan local officials responsible for transportation through regional transportation planning organizations to develop and implement long-range statewide transportation plans and statewide transportation improvement programs, with emphasis on addressing the transportation needs of nonmetropolitan areas of the state. Defines a regional transportation planning organization as a multi-jurisdictional organization composed of nonmetropolitan local officials and representatives of local transportation systems who all volunteer for such organization.

A bill to amend title 23, United States Code, to incorporate regional transportation planning organizations into statewide transportation planning, and for other purposes.

103_hr1229

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Aviation Research and Competitiveness Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) for every dollar increase in shipments of United States aircraft internationally, the United States economy output increases by an estimated $2.30; (2) for every $1,000,000,000 of aircraft shipments internationally, nearly 35,000 jobs are created; (3) many of the advanced aviation technologies developed by the Federal Aviation Administration and the Department of Defense have application in security, safety, capacity, communications, and air traffic control; (4) a decrease in military aviation programs will have a negative impact on civil aviation programs; (5) research programs at the Federal Aviation Administration have potential applications in both civil and military aviation; (6) joint technology development programs among the Department of Defense, the Federal Aviation Administration, and industry would allow for transferring skills and technologies from the defense to the civilian aviation sector and would allow for the transfer back to defense, when necessary; and (7) such joint programs could allow for the Department of Defense contribution to the programs to be phased out over 5 years, which would allow the defense industry to make the transfer to the civilian aviation sector and produce needed aviation technology. SEC. 3. JOINT AVIATION RESEARCH AND DEVELOPMENT PROGRAM. (a) Establishment.--The Administrator and the Secretary shall jointly establish a program for the purpose of conducting research on aviation technologies that have application to both military and civil aviation vehicles and airports and that enhance United States competitiveness. Such program shall include research on-- (1) next-generation satellite communications, including global positioning satellites; (2) advanced airport and airplane security; (3) environmentally compatible technologies, including technologies that limit or reduce noise and air pollution; and (4) advanced aviation safety programs. (b) Contracts and Grants.--Contracts and grants entered into under the program established under subsection (a) shall be administered using procedures developed jointly by the Secretary and the Administrator. These procedures should include an integrated acquisition policy for contract and grant requirements and for technical data rights that are not an impediment to joint programs among the Department of Defense, the Federal Aviation Administration, and industry. SEC. 4. JOINT AVIATION RESEARCH PLAN. (a) Requirement.--Within 180 days after the date of enactment of this Act, the Administrator and the Secretary, in consultation with the advisory committee, shall prepare and transmit to Congress a national aviation research plan setting forth the research and development that the Administrator and the Secretary consider necessary to advance aviation technologies over the 5-year period beginning in fiscal year 1993. (b) Objectives of Plan.--The objectives of the plan prepared under subsection (a) shall include-- (1) selected programs that jointly enhance public and private aviation technology development; (2) an opportunity for private defense contractors to be involved in transition activities to the civilian sector; and (3) the transfer of Federal Government-developed technologies to the private sector to promote economic strength and competitiveness. (c) Contents of Plan.--The plan prepared under subsection (a) shall include-- (1) for the first year, detailed objectives and estimates of the schedule, cost, and manpower levels for each research project, and a description of the scope and content of each major contract or grant; (2) for the second through fifth years, estimates of the total cost of each major project for such year and a list of all major research projects which may be required to meet the objectives; (3) a 5-year schedule for the decrease of Federal contribution and corresponding increase in private sector contributions for the research and development program; and (4) the portion of the Federal contribution that each Federal agency will contribute. (d) Annual Update.--The plan prepared under subsection (a) shall be updated annually, to reflect changes in global aviation technologies and United States competitiveness. SEC. 5. JOINT ADVISORY COMMITTEE. (a) Establishment.--Within 90 days after the date of enactment of this Act, the Administrator and the Secretary shall establish an Joint Aviation Research Advisory Committee. (b) Purposes.--The purposes of the advisory committee shall be-- (1) to provide advice and recommendations to the Administrator and the Secretary regarding needs, objectives, approaches, content, and accomplishments with respect to the aviation research program established under section 3; and (2) to advise the Administrator and the Secretary on the preparation of the aviation research plan under section 4, including annual updates thereto. (c) Membership.--The advisory committee shall be composed of not more than 20 members, to be appointed jointly by the Administrator and the Secretary, from among persons who are not employees of the Federal Aviation Administration or the Department of Defense and who are especially qualified to serve on the advisory committee by virtue of their education, training, or experience. In appointing members of the advisory committee, the Administrator and the Secretary shall ensure that universities, corporations, associations, industry, and other government agencies are represented. The majority of the members of the advisory committee shall be representatives of industry. (d) Chairperson.--The Administrator and the Secretary shall designate one member of the advisory committee as the chairperson, who shall be qualified in both military and civil aviation research, and in the applications of such research. (e) Subordinate Committees.--The Administrator and the Secretary, or the advisory committee, may establish subordinate committees to the advisory committee to provide advice and recommendations on specific areas of research conducted under this Act. (f) Administrative and Support Services.--The Administrator shall provide support staff and, on the request of the advisory committee, such information, administrative services, and supplies as the Administrator determines are necessary for the advisory committee to carry out its purposes. (g) Termination.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the advisory committee. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the Federal Aviation Administration; (2) the term ``advisory committee'' means the Joint Aviation Research Advisory Committee established under section 5; and (3) the term ``Secretary'' means the Secretary of Defense.

National Aviation Research and Competitiveness Act of 1993 - Directs the Administrator of the Federal Aviation Administration (FAA) and the Secretary of Defense (Secretary) to jointly establish a research program on aviation technologies that applies to both military and civil aviation vehicles and airports and that enhance US competitiveness. Requires the Administrator and the Secretary to transmit to the Congress a national aviation research plan that advances aviation technologies over a five-year period. Establishes a Joint Aviation Research Advisory Committee.

National Aviation Research and Competitiveness Act of 1993

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "National Aviation Research and Competitiveness Act of 1993". <SECTION-HEADER> FINDINGS. The Congress finds that for every dollar increase in shipments of United States aircraft internationally, the United States economy output increases by an estimated $2.30. For every $1,000,000,000 of aircraft shipments internationally, nearly 35,000 jobs are created. Many of the advanced aviation technologies developed by the Federal Aviation Administration and the Department of Defense have application in security, safety, capacity, communications, and air traffic control. A decrease in military aviation programs will have a negative impact on civil aviation programs. Research programs at the Federal Aviation Administration have potential applications in both civil and military aviation. Joint technology development programs among the Department of Defense, the Federal Aviation Administration, and industry would allow for transferring skills and technologies from the defense to the civilian aviation sector and would allow for the transfer back to defense, when necessary. And such joint programs could allow for the Department of Defense contribution to the programs to be phased out over 5 years, which would allow the defense industry to make the transfer to the civilian aviation sector and produce needed aviation technology. <SECTION-HEADER> JOINT AVIATION RESEARCH AND DEVELOPMENT PROGRAM. Establishment. The Administrator and the Secretary shall jointly establish a program for the purpose of conducting research on aviation technologies that have application to both military and civil aviation vehicles and airports and that enhance United States competitiveness. Such program shall include research on next-generation satellite communications, including global positioning satellites, advanced airport and airplane security. Environmentally compatible technologies, including technologies that limit or reduce noise and air pollution. And advanced aviation safety programs. Contracts and Grants. Contracts and grants entered into under the program established under subsection (a) shall be administered using procedures developed jointly by the Secretary and the Administrator. These procedures should include an integrated acquisition policy for contract and grant requirements and for technical data rights that are not an impediment to joint programs among the Department of Defense, the Federal Aviation Administration, and industry. <SECTION-HEADER> JOINT AVIATION RESEARCH PLAN. Requirement. Within 180 days after the date of enactment of this Act, the Administrator and the Secretary, in consultation with the advisory committee, shall prepare and transmit to Congress a national aviation research plan setting forth the research and development that the Administrator and the Secretary consider necessary to advance aviation technologies over the 5-year period beginning in fiscal year 1993. Objectives of Plan. The objectives of the plan prepared under subsection (a) shall include selected programs that jointly enhance public and private aviation technology development. An opportunity for private defense contractors to be involved in transition activities to the civilian sector. And the transfer of Federal Government-developed technologies to the private sector to promote economic strength and competitiveness. Contents of Plan. The plan prepared under subsection (a) shall include for the first year, detailed objectives and estimates of the schedule, cost, and manpower levels for each research project, and a description of the scope and content of each major contract or grant. For the second through fifth years, estimates of the total cost of each major project for such year and a list of all major research projects which may be required to meet the objectives. A 5-year schedule for the decrease of Federal contribution and corresponding increase in private sector contributions for the research and development program. And the portion of the Federal contribution that each Federal agency will contribute. Annual Update. The plan prepared under subsection (a) shall be updated annually, to reflect changes in global aviation technologies and United States competitiveness. <SECTION-HEADER> JOINT ADVISORY COMMITTEE. Establishment. Within 90 days after the date of enactment of this Act, the Administrator and the Secretary shall establish an Joint Aviation Research Advisory Committee. Purposes. The purposes of the advisory committee shall be to provide advice and recommendations to the Administrator and the Secretary regarding needs, objectives, approaches, content, and accomplishments with respect to the aviation research program established under section 3. And to advise the Administrator and the Secretary on the preparation of the aviation research plan under section 4, including annual updates thereto. Membership. The advisory committee shall be composed of not more than 20 members, to be appointed jointly by the Administrator and the Secretary, from among persons who are not employees of the Federal Aviation Administration or the Department of Defense and who are especially qualified to serve on the advisory committee by virtue of their education, training, or experience. In appointing members of the advisory committee, the Administrator and the Secretary shall ensure that universities, corporations, associations, industry, and other government agencies are represented. The majority of the members of the advisory committee shall be representatives of industry. Chairperson. The Administrator and the Secretary shall designate one member of the advisory committee as the chairperson, who shall be qualified in both military and civil aviation research, and in the applications of such research. Subordinate Committees. The Administrator and the Secretary, or the advisory committee, may establish subordinate committees to the advisory committee to provide advice and recommendations on specific areas of research conducted under this Act. Administrative and Support Services. The Administrator shall provide support staff and, on the request of the advisory committee, such information, administrative services, and supplies as the Administrator determines are necessary for the advisory committee to carry out its purposes. Termination. Section 14(a)(2)(B) of the Federal Advisory Committee Act shall not apply to the advisory committee. <SECTION-HEADER> DEFINITIONS. For purposes of this Act the term "Administrator" means the Administrator of the Federal Aviation Administration. The term "advisory committee" means the Joint Aviation Research Advisory Committee established under section 5, and the term "Secretary" means the Secretary of Defense.

National Aviation Research and Competitiveness Act of 1993 - Directs the Administrator of the Federal Aviation Administration (FAA) and the Secretary of Defense (Secretary) to jointly establish a research program on aviation technologies that applies to both military and civil aviation vehicles and airports and that enhance US competitiveness. Requires the Administrator and the Secretary to transmit to the Congress a national aviation research plan that advances aviation technologies over a five-year period. Establishes a Joint Aviation Research Advisory Committee.

National Aviation Research and Competitiveness Act of 1993

115_hr4118

SECTION 1. SHORT TITLE. This Act may be cited as the ``Master Limited Partnerships Parity Act''. SEC. 2. EXTENSION OF PUBLICLY TRADED PARTNERSHIP OWNERSHIP STRUCTURE TO ENERGY POWER GENERATION PROJECTS, TRANSPORTATION FUELS, AND RELATED ENERGY ACTIVITIES. (a) In General.--Subparagraph (E) of section 7704(d)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``income and gains derived from the exploration'' and inserting ``income and gains derived from the following: ``(i) Minerals, natural resources, etc.-- The exploration''; (2) by inserting ``or'' before ``industrial source''; (3) by inserting a period after ``carbon dioxide''; and (4) by striking ``, or the transportation or storage'' and all that follows and inserting the following: ``(ii) Renewable energy.--The generation of electric power (including the leasing of tangible personal property used for such generation) exclusively utilizing any resource described in section 45(c)(1) or energy property described in section 48 (determined without regard to any termination date), or in the case of a facility described in paragraph (3) or (7) of section 45(d) (determined without regard to any placed in service date or date by which construction of the facility is required to begin), the accepting or processing of such resource. ``(iii) Energy storage property.--The sale of electric power, capacity, resource adequacy, demand response capabilities, or ancillary services that is produced or made available from any equipment or facility (operating as a single unit or as an aggregation of units) the principal function of which is to-- ``(I) use mechanical, chemical, electrochemical, hydroelectric, or thermal processes to store energy that was generated at one time for conversion to electricity at a later time, or ``(II) store thermal energy for direct use for heating or cooling at a later time in a manner that avoids the need to use electricity at that later time. ``(iv) Combined heat and power.--The generation, storage, or distribution of thermal energy exclusively utilizing property described in section 48(c)(3) (determined without regard to subparagraphs (B) and (D) thereof and without regard to any placed in service date). ``(v) Renewable thermal energy.--The generation, storage, or distribution of thermal energy exclusively using any resource described in section 45(c)(1) or energy property described in clause (i) or (iii) of section 48(a)(3)(A). ``(vi) Waste heat to power.--The use of recoverable waste energy, as defined in section 371(5) of the Energy Policy and Conservation Act (42 U.S.C. 6341(5)) (as in effect on the date of the enactment of the Master Limited Partnerships Parity Act). ``(vii) Renewable fuel infrastructure.--The storage or transportation of any fuel described in subsection (b), (c), (d), or (e) of section 6426. ``(viii) Renewable fuels.--The production, storage, or transportation of any renewable fuel described in section 211(o)(1)(J) of the Clean Air Act (42 U.S.C. 7545(o)(1)(J)) (as in effect on the date of the enactment of the Master Limited Partnerships Parity Act) or section 40A(d)(1). ``(ix) Fuel derived from captured carbon dioxide.--The production, storage, or transportation of any fuel which-- ``(I) uses carbon dioxide captured from an anthropogenic source or the atmosphere as its primary feedstock, and ``(II) is determined by the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, to achieve a reduction of not less than a 60 percent in lifecycle greenhouse gas emissions (as defined in section 211(o)(1)(H) of the Clean Air Act) compared to baseline lifecycle greenhouse gas emissions (as defined in section 211(o)(1)(C) of such Act). This clause shall not apply to any fuel which uses as its primary feedstock carbon dioxide which is deliberately released from naturally- occurring subsurface springs. ``(x) Renewable chemicals.--The production, storage, or transportation of any qualifying renewable chemical (as defined in paragraph (6)). ``(xi) Energy efficient buildings.--The audit and installation through contract or other agreement of any energy efficient building property described in section 179D(c)(1). ``(xii) Gasification with sequestration.-- The production of any product or the generation of electric power from a project-- ``(I) which meets the requirements of subparagraphs (A) and (B) of section 48B(c)(1), and ``(II) not less than 75 percent of the total carbon dioxide emissions of which is qualified carbon dioxide (as defined in section 45Q(b)) which is disposed of or utilized as provided in paragraph (7). ``(xiii) Carbon capture and sequestration.-- ``(I) Power generation facilities.--The generation or storage of electric power (including associated income from the sale or marketing of energy, capacity, resource adequacy, and ancillary services) produced from any power generation facility which is, or from any power generation unit within, a qualified facility which is described in section 45Q(c) and not less than 50 percent (30 percent in the case of a facility or unit placed in service before January 1, 2017) of the total carbon dioxide emissions of which is qualified carbon dioxide which is disposed of or utilized as provided in paragraph (7). ``(II) Other facilities.--The sale of any good or service from any facility (other than a power generation facility) which is a qualified facility described in section 45Q(c) and the captured qualified carbon dioxide (as so defined) of which is disposed of as provided in paragraph (7).''. (b) Renewable Chemical.-- (1) In general.--Section 7704(d) of such Code is amended by adding at the end the following new paragraph: ``(6) Qualifying renewable chemical.-- ``(A) In general.--The term `qualifying renewable chemical' means any renewable chemical (as defined in section 9001 of the Agriculture Act of 2014)-- ``(i) which is produced by the taxpayer in the United States or in a territory or possession of the United States, ``(ii) which is the product of, or reliant upon, biological conversion, thermal conversion, or a combination of biological and thermal conversion, of renewable biomass (as defined in section 9001(13) of the Farm Security and Rural Investment Act of 2002), ``(iii) the biobased content of which is 95 percent or higher, ``(iv) which is sold or used by the taxpayer-- ``(I) for the production of chemical products, polymers, plastics, or formulated products, or ``(II) as chemicals, polymers, plastics, or formulated products, ``(v) which is not sold or used for the production of any food, feed, or fuel, and ``(vi) which is-- ``(I) acetic acid, acrylic acid, acyl glutamate, adipic acid, algae oils, algae sugars, 1,4-butanediol (BDO), iso-butanol, n-butanol, C10 and higher hydrocarbons produced from olefin metathesis, carboxylic acids produced from olefin metathesis, cellulosic sugar, diethyl methylene malonate, dodecanedioic acid (DDDA), esters produced from olefin metathesis, ethyl acetate, ethylene glycol, farnesene, 2,5-furandicarboxylic acid, gamma-butyrolactone, glucaric acid, hexamethylenediamine (HMD), 3-hydroxy propionic acid, iso-butene, isoprene, itaconic acid, lactide, levulinic acid, polyhydroxyalkonate (PHA), polylactic acid (PLA), polyethylene furanoate (PEF), polyethylene terephthalate (PET), polyitaconic acid, polyols from vegetable oils, poly(xylitan levulinate ketal), 1,3-propanediol, 1,2- propanediol, rhamnolipids, short and medium chain carboxylic acids produced from anaerobic digestion, succinic acid, terephthalic acid, vegetable fatty acid derived from ethyl esters containing vegetable oil, or p-Xylene, or ``(II) any chemical not described in clause (i) which is a chemical listed by the Secretary for purposes of this paragraph. ``(B) Biobased content.--For purposes of subparagraph (A)(iii), the term `biobased content percentage' means, with respect to any renewable chemical, the biobased content of such chemical (expressed as a percentage) determined by testing representative samples using the American Society for Testing and Materials (ASTM) D6866.''. (2) List of other qualifying renewable chemicals.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate), in consultation with the Secretary of Agriculture, shall establish a program to consider applications from taxpayers for the listing of chemicals under section 7874(d)(6)(A)(vi)(II) (as added by paragraph (1)). (c) Disposal and Utilization of Captured Carbon Dioxide.--Section 7704(d) of such Code, as amended by subsection (b), is amended by adding at the end the following new paragraph: ``(7) Disposal and utilization of captured carbon dioxide.--For purposes of clauses (xii)(III) and (xiii)(I) of paragraph (1)(E), carbon dioxide is disposed of or utilized as provided in this paragraph if such carbon dioxide is-- ``(A) placed into secure geological storage (as determined under section 45Q(d)(2)), ``(B) used as a tertiary injectant (as defined in section 45Q(d)(3)) in a qualified enhanced oil or natural gas recovery project (as defined in section 45Q(d)(4)) and placed into secure geological storage (as so determined), ``(C) fixated through photosynthesis or chemosynthesis (such as through the growing of algae or bacteria), ``(D) chemically converted to a material or chemical compound in which it is securely stored, or ``(E) used for any other purpose which the Secretary determines has the potential to strengthen or significantly develop a competitive market for carbon dioxide captured from man-made sources.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, in taxable years ending after such date.

Master Limited Partnerships Parity Act This bill amends the Internal Revenue Code, with respect to the tax treatment of publicly traded partnerships as corporations, to expand the definition of quot, qualifying incomequot. For such partnerships to include income and gains from renewable and alternative energy generation projects and related infrastructure for transportation or storage, including energy derived from thermal resources, waste, renewable fuels and chemicals, energy efficient buildings, gasification, and carbon capture in secure geological storage.

Master Limited Partnerships Parity Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Master Limited Partnerships Parity Act". <SECTION-HEADER> EXTENSION OF PUBLICLY TRADED PARTNERSHIP OWNERSHIP STRUCTURE TO ENERGY POWER GENERATION PROJECTS, TRANSPORTATION FUELS, AND RELATED ENERGY ACTIVITIES. In General. Subparagraph (E) of section 7704(d)(1) of the Internal Revenue Code of 1986 is amended by striking "income and gains derived from the exploration" and inserting "income and gains derived from the following: Minerals, natural resources, etc. The exploration", by inserting "or" before "industrial source", by inserting a period after "carbon dioxide". And by striking ", or the transportation or storage" and all that follows and inserting the following: Renewable energy. The generation of electric power exclusively utilizing any resource described in section 45(c)(1) or energy property described in section 48 , or in the case of a facility described in paragraph or (7) of section 45(d) , the accepting or processing of such resource. Energy storage property. The sale of electric power, capacity, resource adequacy, demand response capabilities, or ancillary services that is produced or made available from any equipment or facility the principal function of which is to use mechanical, chemical, electrochemical, hydroelectric, or thermal processes to store energy that was generated at one time for conversion to electricity at a later time, or store thermal energy for direct use for heating or cooling at a later time in a manner that avoids the need to use electricity at that later time. Combined heat and power. The generation, storage, or distribution of thermal energy exclusively utilizing property described in section 48(c)(3) (determined without regard to subparagraphs (B) and . Renewable thermal energy. The generation, storage, or distribution of thermal energy exclusively using any resource described in section 45(c)(1) or energy property described in clause (i) or (iii) of section 48(a)(3)(A). Waste heat to power. The use of recoverable waste energy, as defined in section 371(5) of the Energy Policy and Conservation Act (42 USC. 6341(5)) . Renewable fuel infrastructure. The storage or transportation of any fuel described in subsection (b), (c), (d), or (e) of section 6426. Renewable fuels. The production, storage, or transportation of any renewable fuel described in section 211(o)(1)(J) of the Clean Air Act (42 USC. 7545(o)(1)(J)) or section 40A(d)(1). Fuel derived from captured carbon dioxide. The production, storage, or transportation of any fuel which uses carbon dioxide captured from an anthropogenic source or the atmosphere as its primary feedstock, and is determined by the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, to achieve a reduction of not less than a 60 percent in lifecycle greenhouse gas emissions (as defined in section 211(o)(1) compared to baseline lifecycle greenhouse gas emissions (as defined in section 211(o)(1). This clause shall not apply to any fuel which uses as its primary feedstock carbon dioxide which is deliberately released from naturally- occurring subsurface springs. Renewable chemicals. The production, storage, or transportation of any qualifying renewable chemical (as defined in paragraph ). Energy efficient buildings. The audit and installation through contract or other agreement of any energy efficient building property described in section 179D(c)(1). Gasification with sequestration. The production of any product or the generation of electric power from a project which meets the requirements of subparagraphs (A) and (B) of section 48B(c)(1), and not less than 75 percent of the total carbon dioxide emissions of which is qualified carbon dioxide (as defined in section 45Q(b)) which is disposed of or utilized as provided in paragraph (7). Carbon capture and sequestration. Power generation facilities. The generation or storage of electric power produced from any power generation facility which is, or from any power generation unit within, a qualified facility which is described in section 45Q(c) and not less than 50 percent of the total carbon dioxide emissions of which is qualified carbon dioxide which is disposed of or utilized as provided in paragraph (7). Other facilities. The sale of any good or service from any facility which is a qualified facility described in section 45Q(c) and the captured qualified carbon dioxide of which is disposed of as provided in paragraph (7).". Renewable Chemical. In general. Section 7704(d) of such Code is amended by adding at the end the following new paragraph: Qualifying renewable chemical. In general. The term `qualifying renewable chemical' means any renewable chemical which is produced by the taxpayer in the United States or in a territory or possession of the United States, which is the product of, or reliant upon, biological conversion, thermal conversion, or a combination of biological and thermal conversion, of renewable biomass (as defined in section 9001, the biobased content of which is 95 percent or higher, which is sold or used by the taxpayer for the production of chemical products, polymers, plastics, or formulated products, or as chemicals, polymers, plastics, or formulated products, which is not sold or used for the production of any food, feed, or fuel, and which is acetic acid, acrylic acid, acyl glutamate, adipic acid, algae oils, algae sugars, 1,4-butanediol , iso-butanol, n-butanol, C10 and higher hydrocarbons produced from olefin metathesis, carboxylic acids produced from olefin metathesis, cellulosic sugar, diethyl methylene malonate, dodecanedioic acid (DDDA), esters produced from olefin metathesis, ethyl acetate, ethylene glycol, farnesene, 2,5-furandicarboxylic acid, gamma-butyrolactone, glucaric acid, hexamethylenediamine (HMD), 3-hydroxy propionic acid, iso-butene, isoprene, itaconic acid, lactide, levulinic acid, polyhydroxyalkonate (PHA), polylactic acid (PLA), polyethylene furanoate , polyethylene terephthalate , polyitaconic acid, polyols from vegetable oils, poly, 1,3-propanediol, 1,2- propanediol, rhamnolipids, short and medium chain carboxylic acids produced from anaerobic digestion, succinic acid, terephthalic acid, vegetable fatty acid derived from ethyl esters containing vegetable oil, or p-Xylene, or any chemical not described in clause (i) which is a chemical listed by the Secretary for purposes of this paragraph. Biobased content. For purposes of subparagraph (A)(iii), the term `biobased content percentage' means, with respect to any renewable chemical, the biobased content of such chemical determined by testing representative samples using the American Society for Testing and Materials (ASTM) D6866.". List of other qualifying renewable chemicals. Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury , in consultation with the Secretary of Agriculture, shall establish a program to consider applications from taxpayers for the listing of chemicals under section 7874(d)(6)(A)(vi)(II) (as added by paragraph (1)). Disposal and Utilization of Captured Carbon Dioxide. Section 7704(d) of such Code, as amended by subsection (b), is amended by adding at the end the following new paragraph: Disposal and utilization of captured carbon dioxide. For purposes of clauses (xii)(III) and (xiii)(I) of paragraph (1)(E), carbon dioxide is disposed of or utilized as provided in this paragraph if such carbon dioxide is placed into secure geological storage (as determined under section 45Q(d)(2)), used as a tertiary injectant (as defined in section 45Q(d)(3)) in a qualified enhanced oil or natural gas recovery project (as defined in section 45Q(d)(4)) and placed into secure geological storage , fixated through photosynthesis or chemosynthesis , chemically converted to a material or chemical compound in which it is securely stored, or used for any other purpose which the Secretary determines has the potential to strengthen or significantly develop a competitive market for carbon dioxide captured from man-made sources.". Effective Date. The amendments made by this section shall take effect on the date of the enactment of this Act, in taxable years ending after such date.

Master Limited Partnerships Parity Act This bill amends the Internal Revenue Code, with respect to the tax treatment of publicly traded partnerships as corporations, to expand the definition of quot, qualifying incomequot. For such partnerships to include income and gains from renewable and alternative energy generation projects and related infrastructure for transportation or storage, including energy derived from thermal resources, waste, renewable fuels and chemicals, energy efficient buildings, gasification, and carbon capture in secure geological storage.

Master Limited Partnerships Parity Act

104_s1525

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Espionage and Protection of Proprietary Economic Information Act of 1995''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) sustaining a healthy and competitive national economy is imperative to maintaining the security of the Nation; (2) the development and production of proprietary economic information is an integral part of virtually every aspect of United States trade, commerce, and business; (3) the development, production, protection, and lawful exchange, sale, and transfer of proprietary economic information is essential to maintaining the health and competitiveness of critical segments of United States business and industry, and hence to the national economy and the national security; (4) much proprietary economic information moves in interstate and foreign commerce, and proprietary economic information that does not move in interstate or foreign commerce directly affects that which does; (5) the theft, misappropriation, and wrongful receipt, transfer, exchange, and use of stolen or misappropriated proprietary economic information by foreign governments and their agents or instrumentalities costs the United States Government and United States firms, businesses, industries, and consumers millions of dollars each year; (6) the theft, misappropriation, and wrongful receipt, transfer, and use of proprietary economic information belonging to the United States Government and United States firms, businesses, and industry by foreign governments and their agents or instrumentalities directly and substantially threatens the health and competitiveness of critical segments of the United States economy and, consequently, the Nation's security; and (7) enforcement of existing State laws protecting proprietary economic information is frustrated by the ease with which stolen or wrongfully appropriated proprietary economic information is transferred across State and national boundaries. (b) Purposes.-- (1) Primary purpose.--The primary purpose of this Act is to protect the national security by preventing economic espionage and furthering the development and lawful use of United States proprietary economic information by protecting it from theft, wrongful destruction or alteration, misappropriation, and conversion by foreign governments and their agents or instrumentalities. This Act is intended to protect the proprietary economic information of the United States Government and United States firms, businesses, industries, and individuals both domestically and abroad by punishing individuals, corporations, and institutions which engage in economic espionage with the intent or purpose of aiding foreign nations or governments and their instrumentalities. (2) Secondary purpose.--The secondary purpose of this Act is to affirm that proprietary economic information is included in the term ``goods, wares, or merchandise'' as that term is used in Federal laws relating to stolen property. SEC. 3. PREVENTION OF ECONOMIC ESPIONAGE AND PROTECTION OF PROPRIETARY ECONOMIC INFORMATION IN INTERSTATE AND FOREIGN COMMERCE. (a) Economic Espionage.--Part I of title 18, United States Code, is amended by adding after chapter 27 the following new chapter: ``CHAPTER 28--ECONOMIC ESPIONAGE AND PROTECTION OF PROPRIETARY ECONOMIC INFORMATION ``Sec. ``570. Definitions. ``571. Engaging in economic espionage to aid foreign governments, corporations, institutions, or instrumentalities. ``572. Vicarious liability. ``573. Forfeiture. ``574. Extraterritoriality. ``575. Construction with other laws. ``576. Preservation of confidentiality. ``577. Nonapplicability to lawfully authorized law enforcement or intelligence activities. ``Sec. 570. Definitions ``As used in this chapter: ``(1) The term `foreign corporation, institution, or instrumentality' means any corporation, agency, component, institution, association, instrumentality, or legal, commercial, or business entity that is substantially owned, controlled, sponsored, commanded, managed, patronized, dominated, or chartered by a foreign government or subdivision of a foreign government. ``(2) The term `foreign agent' means any officer, employee, proxy, servant, delegate, or representative of a foreign nation or government. ``(3) The term `person' means a natural person, corporation, agency, association, institution, or any other legal, commercial, or business entity. ``(4) The term `proprietary economic information' means all forms and types of financial, business, scientific, technical, economic, or engineering information including, but not limited to data, plans, tools, mechanisms, compounds, formulas, designs, prototypes, processes, procedures, programs, codes, or commercial strategies, whether tangible or intangible, and whether stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing provided that: ``(A) the owner thereof has taken reasonable measures to keep such information confidential; and ``(B) the information is not available generally to, or accessible by, the public. ``(5) The term `owner' means the United States person or persons in whom, or United States Government component, department, or agency in which, rightful legal, beneficial, or equitable title to, or license in, proprietary economic information is reposed. ``(6) The term `United States person' means-- ``(A) in the case of a natural person, a United States citizen or permanent resident alien; and ``(B) in the case of a non-natural person, an entity substantially owned or controlled by the United States Government or by United States citizens or permanent resident aliens, or incorporated in the United States. ``Sec. 571. Engaging in economic espionage to aid foreign nations governments, corporations, institutions, or instrumentalities ``(a) Any person who, with intent to, or reason to believe that it will injure or disadvantage any owner and benefit or advantage any foreign nation, government, corporation, institution, or instrumentality who-- ``(1) steals, wrongfully appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains proprietary economic information; ``(2) wrongfully copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys proprietary economic information; ``(3) being entrusted with, or having lawful possession or control of, or access to, proprietary economic information, wrongfully copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys the same; ``(4) receives, buys, or possesses proprietary economic information, knowing the same to have been stolen or wrongfully appropriated, obtained, or converted; ``(5) attempts to commit any offense described in paragraph (1), (2), (3), or (4); ``(6) wrongfully solicits another to commit any offense described in paragraph (1), (2), (3), or (4); or ``(7) conspires with one or more other persons to commit any offense described in paragraph (1), (2), (3), or (4), and one or more of such persons do any act to effect the object of the conspiracy, shall, except as provided in subsection (b), be fined not more than $1,000,000, imprisoned not more than 25 years, or both. ``(b) Any corporation that commits any offense described in subsection (a) shall be fined not more than $50,000,000. ``Sec. 572. Vicarious liability ``Any officer, director, manager, or other person occupying a position of authority and responsibility for the acquisition, use, or management of proprietary economic information for any corporation or other business or commercial entity who-- ``(1) knows or has reason to know that agents or employees of the corporation or entity have wrongfully acquired or manipulated proprietary economic information in violation of section 571(a); and ``(2) directly or indirectly authorizes, permits, or suffers the information wrongfully acquired or manipulated to be used to injure or disadvantage any owner and benefit or advantage any foreign nation, government, corporation, institution, or instrumentality, shall be fined not more than $5,000,000, imprisoned not more than 25 years, or both. ``Sec. 573. Forfeiture ``(a) Notwithstanding any provision of State law, any person convicted of a violation of this chapter shall forfeit to the United States-- ``(1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as a result of such violation; and ``(2) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of a violation of this chapter. ``(b) The court, in imposing sentence on a defendant for the conviction of a violation of this chapter, shall order that the defendant forfeit to the United States all property described in subsection (a). ``(c) Except as provided in subsection (d), the provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853 (b), (c), and (e)-(p)) shall apply to-- ``(1) property subject to forfeiture under this section; ``(2) any seizure or disposition of such property; and ``(3) any administrative or judicial proceeding in relation to such property, if consistent with this section. ``(d) Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) all amounts from the forfeiture of property under this section remaining after the payment of expenses and sale authorized by law. ``Sec. 574. Extraterritoriality ``(a) This chapter applies to conduct occurring within the territorial and special maritime jurisdiction of the United States, its territories, and possessions. ``(b) This chapter applies to conduct occurring outside the territorial and special maritime jurisdiction of the United States, its territories, and possessions if-- ``(1) the offender is a United States citizen; or ``(2) the victim of the offense is an `owner,' as defined in section 570, and the offense was intended to have, or had, an effect in the United States. ``Sec. 575. Construction with other laws ``This chapter shall not be construed to preempt or displace any other Federal or State remedies, whether civil or criminal, for the misappropriation of proprietary economic information. ``Sec. 576. Preservation of confidentiality ``In any prosecution under this chapter, the court shall preserve the confidentiality of alleged proprietary economic information by any reasonable and lawful means including, but not limited to-- ``(1) the granting of protective orders in connection with discovery proceedings; and ``(2) the holding of in camera hearings, sealing relevant portions of the record, and the ordering of any person involved in the proceedings not to disclose the alleged proprietary economic information without prior court approval. Any owner of the proprietary economic information which is the subject of the offense may request the prosecution to seek such protective action. ``Sec. 577. Nonapplicability to lawfully authorized law enforcement or intelligence activities ``Any act in which information is seized, taken, transported, transmitted, or transferred pursuant to or in furtherance of any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States, shall not be considered a violation of section 571(a) or 572.''. (b) Table of Chapters.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item for chapter 27 the following: ``28. Economic Espionage.................................... 570''. SEC. 4. RELATED AMENDMENTS. (a) Stolen Property.--Section 2311 of title 18, United States Code, is amended by inserting between the items for ``Cattle'' and ``livestock'' the following: ```Goods, wares, or merchandise' means all forms and types of personal property and chattels-- ``(1) including all forms and types of financial, business, scientific, technical, economic, or engineering information including data, plans, tools, mechanisms, compounds, formulas, designs, prototypes, processes, procedures, programs, codes, or commercial strategies, whether tangible or intangible, and whether stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if-- ``(A) the owner thereof has taken reasonable measures to keep such property confidential, and ``(B) the property is not available generally to, or accessible by, the public; and ``(2) not including any property or chattel seized, taken, transported, transmitted, or transferred pursuant to or in furtherance of any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States.''. (b) Racketeer Influenced and Corrupt Organizations.--Section 1961(1)(B) of title 18, United States Code, is amended by inserting between ``sections 471, 472, and 473 (relating to counterfeiting),'' and ``section 659 (relating to theft from interstate shipment)'' the following: ``sections 571 and 572 (relating to economic espionage and protection of proprietary economic information in interstate and foreign commerce),''. (c) Wire and Electronic Communications Interception and Interception of Oral Communications.--Section 2516(1)(a) of title 18, United States Code, is amended by inserting the following between ``or under the following chapters of this title:'' and ``chapter 37 (relating to espionage)'' the following: ``chapter 28 (relating to economic espionage and protection of proprietary economic information in interstate and foreign commerce),''.

Economic Espionage and Protection of Proprietary Economic Information Act of 1995 - Amends the Federal criminal code to impose penalties upon individuals and corporations that engage in economic espionage to aid foreign nations' governments, corporations, institutions, or instrumentalities, including attempting, soliciting others, or conspiring to engage in such activity. Sets forth provisions regarding: (1) vicarious liability, (2) forfeiture, (3) extraterritoriality. And (4) non-preemption of other Federal or State remedies. Requires the court to preserve the confidentiality of alleged proprietary economic information by any reasonable and lawful means, including by: (1) granting protective orders in connection with discovery proceedings. And (2) holding in camera hearings, sealing relevant portions of the record, and ordering any person involved in the proceedings not to disclose such information without prior court approval. Makes this Act inapplicable to lawfully authorized law enforcement or intelligence activities. Defines goods, wares, or merchandise for purposes of Federal criminal code provisions regarding stolen property to mean all forms and types of personal property and chattels including all forms and types of financial, scientific, technical, economic, or engineering information if the owner has taken reasonable measures to keep such property confidential and the property is not available generally to, or accessible by, the public. Revises the Racketeer Influenced and Corrupt Organizations Act and Federal wiretap provisions to cover economic espionage and the protection of proprietary economic information in interstate and foreign commerce.

Economic Espionage and Protection of Proprietary Economic Information Act of 1995

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Economic Espionage and Protection of Proprietary Economic Information Act of 1995". <SECTION-HEADER> FINDINGS AND PURPOSE. Findings. Congress finds that sustaining a healthy and competitive national economy is imperative to maintaining the security of the Nation. The development and production of proprietary economic information is an integral part of virtually every aspect of United States trade, commerce, and business. The development, production, protection, and lawful exchange, sale, and transfer of proprietary economic information is essential to maintaining the health and competitiveness of critical segments of United States business and industry, and hence to the national economy and the national security. Much proprietary economic information moves in interstate and foreign commerce, and proprietary economic information that does not move in interstate or foreign commerce directly affects that which does. The theft, misappropriation, and wrongful receipt, transfer, exchange, and use of stolen or misappropriated proprietary economic information by foreign governments and their agents or instrumentalities costs the United States Government and United States firms, businesses, industries, and consumers millions of dollars each year. The theft, misappropriation, and wrongful receipt, transfer, and use of proprietary economic information belonging to the United States Government and United States firms, businesses, and industry by foreign governments and their agents or instrumentalities directly and substantially threatens the health and competitiveness of critical segments of the United States economy and, consequently, the Nation's security. And enforcement of existing State laws protecting proprietary economic information is frustrated by the ease with which stolen or wrongfully appropriated proprietary economic information is transferred across State and national boundaries. Purposes. Primary purpose. The primary purpose of this Act is to protect the national security by preventing economic espionage and furthering the development and lawful use of United States proprietary economic information by protecting it from theft, wrongful destruction or alteration, misappropriation, and conversion by foreign governments and their agents or instrumentalities. This Act is intended to protect the proprietary economic information of the United States Government and United States firms, businesses, industries, and individuals both domestically and abroad by punishing individuals, corporations, and institutions which engage in economic espionage with the intent or purpose of aiding foreign nations or governments and their instrumentalities. Secondary purpose. The secondary purpose of this Act is to affirm that proprietary economic information is included in the term "goods, wares, or merchandise" as that term is used in Federal laws relating to stolen property. <SECTION-HEADER> PREVENTION OF ECONOMIC ESPIONAGE AND PROTECTION OF PROPRIETARY ECONOMIC INFORMATION IN INTERSTATE AND FOREIGN COMMERCE. Economic Espionage. Part I of title 18, United States Code, is amended by adding after chapter 27 the following new chapter: "CHAPTER 28 ECONOMIC ESPIONAGE AND PROTECTION OF PROPRIETARY ECONOMIC INFORMATION "Section "570. Definitions. "571. Engaging in economic espionage to aid foreign governments, corporations, institutions, or instrumentalities. "572. Vicarious liability. "573. Forfeiture. "574. Extraterritoriality. "575. Construction with other laws. "576. Preservation of confidentiality. "577. Nonapplicability to lawfully authorized law enforcement or intelligence activities. "Section 570. Definitions "As used in this chapter: The term `foreign corporation, institution, or instrumentality' means any corporation, agency, component, institution, association, instrumentality, or legal, commercial, or business entity that is substantially owned, controlled, sponsored, commanded, managed, patronized, dominated, or chartered by a foreign government or subdivision of a foreign government. The term `foreign agent' means any officer, employee, proxy, servant, delegate, or representative of a foreign nation or government. The term `person' means a natural person, corporation, agency, association, institution, or any other legal, commercial, or business entity. The term `proprietary economic information' means all forms and types of financial, business, scientific, technical, economic, or engineering information including, but not limited to data, plans, tools, mechanisms, compounds, formulas, designs, prototypes, processes, procedures, programs, codes, or commercial strategies, whether tangible or intangible, and whether stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing provided that: the owner thereof has taken reasonable measures to keep such information confidential. And the information is not available generally to, or accessible by, the public. The term `owner' means the United States person or persons in whom, or United States Government component, department, or agency in which, rightful legal, beneficial, or equitable title to, or license in, proprietary economic information is reposed. The term `United States person' means in the case of a natural person, a United States citizen or permanent resident alien. And in the case of a non-natural person, an entity substantially owned or controlled by the United States Government or by United States citizens or permanent resident aliens, or incorporated in the United States. "Section 571. Engaging in economic espionage to aid foreign nations governments, corporations, institutions, or instrumentalities Any person who, with intent to, or reason to believe that it will injure or disadvantage any owner and benefit or advantage any foreign nation, government, corporation, institution, or instrumentality who steals, wrongfully appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains proprietary economic information. Wrongfully copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys proprietary economic information. Being entrusted with, or having lawful possession or control of, or access to, proprietary economic information, wrongfully copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys the same. Receives, buys, or possesses proprietary economic information, knowing the same to have been stolen or wrongfully appropriated, obtained, or converted. Attempts to commit any offense described in paragraph , (2), (3), or (4). Wrongfully solicits another to commit any offense described in paragraph (1), (2), (3), or (4). Or conspires with one or more other persons to commit any offense described in paragraph (1), (2), (3), or (4), and one or more of such persons do any act to effect the object of the conspiracy, shall, except as provided in subsection (b), be fined not more than $1,000,000, imprisoned not more than 25 years, or both. Any corporation that commits any offense described in subsection (a) shall be fined not more than $50,000,000. "Section 572. Vicarious liability "Any officer, director, manager, or other person occupying a position of authority and responsibility for the acquisition, use, or management of proprietary economic information for any corporation or other business or commercial entity who knows or has reason to know that agents or employees of the corporation or entity have wrongfully acquired or manipulated proprietary economic information in violation of section 571(a). And directly or indirectly authorizes, permits, or suffers the information wrongfully acquired or manipulated to be used to injure or disadvantage any owner and benefit or advantage any foreign nation, government, corporation, institution, or instrumentality, shall be fined not more than $5,000,000, imprisoned not more than 25 years, or both. "Section 573. Forfeiture Notwithstanding any provision of State law, any person convicted of a violation of this chapter shall forfeit to the United States any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as a result of such violation. And any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of a violation of this chapter. The court, in imposing sentence on a defendant for the conviction of a violation of this chapter, shall order that the defendant forfeit to the United States all property described in subsection (a). Except as provided in subsection (d), the provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 USC. 853 (b), (c), and (e)-(p)) shall apply to property subject to forfeiture under this section, any seizure or disposition of such property. And any administrative or judicial proceeding in relation to such property, if consistent with this section. Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 all amounts from the forfeiture of property under this section remaining after the payment of expenses and sale authorized by law. "Section 574. Extraterritoriality This chapter applies to conduct occurring within the territorial and special maritime jurisdiction of the United States, its territories, and possessions. This chapter applies to conduct occurring outside the territorial and special maritime jurisdiction of the United States, its territories, and possessions if the offender is a United States citizen. Or the victim of the offense is an `owner,' as defined in section 570, and the offense was intended to have, or had, an effect in the United States. "Section 575. Construction with other laws "This chapter shall not be construed to preempt or displace any other Federal or State remedies, whether civil or criminal, for the misappropriation of proprietary economic information. "Section 576. Preservation of confidentiality "In any prosecution under this chapter, the court shall preserve the confidentiality of alleged proprietary economic information by any reasonable and lawful means including, but not limited to the granting of protective orders in connection with discovery proceedings. And the holding of in camera hearings, sealing relevant portions of the record, and the ordering of any person involved in the proceedings not to disclose the alleged proprietary economic information without prior court approval. Any owner of the proprietary economic information which is the subject of the offense may request the prosecution to seek such protective action. "Section 577. Nonapplicability to lawfully authorized law enforcement or intelligence activities "Any act in which information is seized, taken, transported, transmitted, or transferred pursuant to or in furtherance of any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States, shall not be considered a violation of section 571(a) or 572.". Table of Chapters. The table of chapters for part I of title 18, United States Code, is amended by inserting after the item for chapter 27 the following: "28. Economic Espionage.................. 570". <SECTION-HEADER> RELATED AMENDMENTS. Stolen Property. Section 2311 of title 18, United States Code, is amended by inserting between the items for "Cattle" and "livestock" the following: "`Goods, wares, or merchandise' means all forms and types of personal property and chattels including all forms and types of financial, business, scientific, technical, economic, or engineering information including data, plans, tools, mechanisms, compounds, formulas, designs, prototypes, processes, procedures, programs, codes, or commercial strategies, whether tangible or intangible, and whether stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if the owner thereof has taken reasonable measures to keep such property confidential, and the property is not available generally to, or accessible by, the public. And not including any property or chattel seized, taken, transported, transmitted, or transferred pursuant to or in furtherance of any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States.". Racketeer Influenced and Corrupt Organizations. Section 1961(1)(B) of title 18, United States Code, is amended by inserting between "sections 471, 472, and 473 ," and "section 659 " the following: "sections 571 and 572 ,". Wire and Electronic Communications Interception and Interception of Oral Communications. Section 2516(1)(a) of title 18, United States Code, is amended by inserting the following between "or under the following chapters of this title:" and "chapter 37 " the following: "chapter 28 ,".

Economic Espionage and Protection of Proprietary Economic Information Act of 1995 - Amends the Federal criminal code to impose penalties upon individuals and corporations that engage in economic espionage to aid foreign nations' governments, corporations, institutions, or instrumentalities, including attempting, soliciting others, or conspiring to engage in such activity. Sets forth provisions regarding: (1) vicarious liability, (2) forfeiture, (3) extraterritoriality. And (4) non-preemption of other Federal or State remedies. Requires the court to preserve the confidentiality of alleged proprietary economic information by any reasonable and lawful means, including by: (1) granting protective orders in connection with discovery proceedings. And (2) holding in camera hearings, sealing relevant portions of the record, and ordering any person involved in the proceedings not to disclose such information without prior court approval. Makes this Act inapplicable to lawfully authorized law enforcement or intelligence activities. Defines goods, wares, or merchandise for purposes of Federal criminal code provisions regarding stolen property to mean all forms and types of personal property and chattels including all forms and types of financial, scientific, technical, economic, or engineering information if the owner has taken reasonable measures to keep such property confidential and the property is not available generally to, or accessible by, the public. Revises the Racketeer Influenced and Corrupt Organizations Act and Federal wiretap provisions to cover economic espionage and the protection of proprietary economic information in interstate and foreign commerce.

Economic Espionage and Protection of Proprietary Economic Information Act of 1995

112_hr1169

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard Technician Equity Act''. SEC. 2. TITLES 10 AND 32, UNITED STATES CODE, AMENDMENTS REGARDING NATIONAL GUARD TECHNICIANS AND RELATED PROVISIONS. (a) Authority To Employ Technician as Non-Dual Status Technician After 20 Years of Creditable Service.--Subsection (c) of section 709 of title 32, United States Code, is amended to read as follows: ``(c) A person shall have the right to be employed under subsection (a) as a non-dual status technician (as defined by section 10217 of title 10) if-- ``(1) the technician position occupied by the person has been designated by the Secretary concerned to be filled only by a non-dual status technician; or ``(2) the person occupying the technician position has at least 20 years of creditable service as a military technician (dual status).''. (b) Exception to Dual-Status Employment Condition of Membership in Selected Reserve.--Section 10216 of title 10, United States Code, is amended-- (1) in subsection (a)(1)(B), by inserting ``subject to subsection (d),'' before ``is required''; and (2) in subsection (d)(1), by striking ``Unless specifically exempted by law'' and inserting ``Except as provided in section 709(c)(2) of title 32 or as otherwise specifically exempted by law''. (c) Continued Compensation After Loss of Membership in Selected Reserve.--Subsection (e) of section 10216 of title 10, United States Code, is amended to read as follows: ``(e) Continued Compensation After Loss of Membership in Selected Reserve.--Funds appropriated for the Department of Defense may continue to be used to provide compensation to a military technician who was hired as a military technician (dual status), but who is no longer a member of the Selected Reserve.''. (d) Repeal of Permanent Limitations on Number of Non-Dual Status Technicians.--Section 10217 of title 10, United States Code, is amended by striking subsection (c). (e) Technician Restricted Right of Appeal and Adverse Actions Covered.-- (1) Rights of grievance, arbitration, appeal, and review beyond ag.--Section 709 of title 32, United States Code, is amended-- (A) in subsection (f)-- (i) in the matter preceding paragraph (1), by striking ``Notwithstanding any other provision of law and under'' and inserting ``Under''; and (ii) in paragraph (4), by striking ``a right of appeal'' and inserting ``subject to subsection (j), a right of appeal''; and (B) by adding at the end the following new subsection: ``(j)(1) Notwithstanding subsection (f)(4) or any other provision of law, a technician and a labor organization that is the exclusive representative of a bargaining unit including the technician shall have the rights of grievance, arbitration, appeal, and review extending beyond the adjutant general of the jurisdiction concerned and to the Merit Systems Protection Board and thereafter to the United States Court of Appeals for the Federal Circuit, in the same manner as provided in sections 4303, 7121, and 7701-7703 of title 5, with respect to a performance-based or adverse action imposing removal, suspension for more than 14 days, furlough for 30 days or less, or reduction in pay or pay band (or comparable reduction). ``(2) This subsection does not apply to a technician who is serving under a temporary appointment or in a trial or probationary period.''. (2) Adverse actions covered.--Section 709(g) of title 32, United States Code, is amended by striking ``7511, and 7512''. (3) Conforming amendment.--Section 7511(b) of title 5, United States Code, is amended-- (A) by striking paragraph (5); and (B) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively. (f) Technician Seniority Rights During RIF.--Subsection (g) of section 709 of title 32, United States Code, as amended by subsection (e)(2), is amended to read as follows: ``(g) Section 2108 of title 5 does not apply to a person employed under this section.''. (g) Availability of Certain Enlistment, Reenlistment, and Student Loan Benefits for Military Technicians.--Section 10216 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(h) Eligibility for Bonuses and Other Benefits.--(1) If an individual becomes employed as a military technician (dual status) while the individual is already a member of a reserve component, the Secretary concerned may not require the individual to repay any enlistment, reenlistment, or affiliation bonus provided to the individual in connection with the individual's enlistment or reenlistment before such employment. ``(2) Even though an individual employed as a military technician (dual status) is required as a condition of that employment to maintain membership in the Selected Reserve, the individual shall not be precluded from receiving an enlistment, reenlistment, or affiliation bonus nor be denied the opportunity to participate in an educational loan repayment program under chapter 1609 of this title as an additional incentive for the individual to accept and maintain such membership''. (h) Repeal of Prohibition Against Overtime Pay for National Guard Technicians.--Section 709(h) of title 32, United States Code, is amended by striking the second sentence and inserting the following new sentence: ``The Secretary concerned shall pay a technician for irregular or overtime work at a rate equal to one and one-half times the rate of basic pay applicable to the technician, except that, at the request of the technician, the Secretary may grant the technician, instead of such pay, an amount of compensatory time off from the technician's scheduled tour of duty equal to the amount of time spent in such irregular or overtime work.''. SEC. 3. TITLE 5, UNITED STATES CODE, AMENDMENTS REGARDING NATIONAL GUARD TECHNICIANS AND RELATED PROVISIONS. (a) Lowering Retirement Age.-- (1) Amendment to fers.--Subsection (c) of section 8414 of title 5, United States Code, is amended to read as follows: ``(c)(1) Under the circumstances described in paragraph (2), an employee who is separated from service as a military technician (dual status) is entitled to an annuity if the separation is by reason of either-- ``(A) separating from the Selected Reserve; or ``(B) ceasing to hold the military grade specified by the Secretary concerned for the position involved. ``(2) Except as provided in paragraph (3), paragraph (1) applies to a military technician (dual status) who is separated-- ``(A) after completing 25 years of service as such a technician, or ``(B) after becoming 50 years of age and completing 20 years of service as such a technician. ``(3) Paragraph (1) does not apply if separation or removal is for cause on charges of misconduct or delinquency.''. (2) Amendment to csrs.--Section 8336 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(q)(1) Under the circumstances described in paragraph (2), an employee who is separated from service as a military technician (dual status) is entitled to an annuity if the separation is by reason of either-- ``(A) separating from the Selected Reserve; or ``(B) ceasing to hold the military grade specified by the Secretary concerned for the position involved. ``(2) Except as provided in paragraph (3), paragraph (1) applies to a military technician (dual status) who is separated-- ``(A) after completing 25 years of service as such a technician, or ``(B) after becoming 50 years of age and completing 20 years of service as such a technician. ``(3) Paragraph (1) does not apply if separation or removal is for cause on charges of misconduct or delinquency.''. (b) Adequate Leave Time for Military Activations.--Section 6323(a)(1) of title 5, United States Code, is amended by striking the last sentence and inserting the following new sentence: ``Leave under this subsection accrues for an employee or individual at the rate of 30 days per fiscal year and, to the extent that such leave is not used by the employee or individual during the fiscal year accrued, accumulates without limitation for use in succeeding fiscal years.''. (c) Improved Health Care Benefits.-- (1) FEHBP changes.--Subparagraph (B) of section 8906(e)(3) of title 5, United States Code, is amended to read as follows: ``(B) An employee referred to in subparagraph (A) is an employee who-- ``(i) is enrolled in a health benefits plan under this chapter; ``(ii) is a member of a reserve component of the Armed Forces; ``(iii) is placed on leave without pay or separated from service to perform the active duty or other duties described in clause (iv); and ``(iv) is called or ordered to-- ``(I) active duty in support of a contingency operation (as defined in section 101(a)(13) of title 10); ``(II) active duty for a period of more than 30 consecutive days; ``(III) active duty under section 12406 of title 10; ``(IV) perform training or other duties described under paragraph (1) or (2) of section 502(f) of title 32; or ``(V) while not in Federal service, perform duties related to an emergency declared by the chief executive of a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.''. (2) Study and report.-- (A) In general.--Within 6 months after the date of the enactment of this Act, the Secretary of Defense and the Director of the Office of Personnel Management shall jointly conduct a study and submit to Congress a report-- (i) evaluating the feasibility of converting military technicians from FEHBP coverage to coverage provided under the TRICARE or TRICARE Reserve Select program (or both); and (ii) identifying any problems associated with the conversion of military technicians from FEHBP coverage to coverage provided under chapter 55 of title 10, United States Code, during contingency operations. (B) Definitions.--For purposes of this subsection-- (i) the term ``FEHBP coverage'' means coverage provided under chapter 89 of title 5, United States Code; and (ii) the term ``contingency operation'' has the meaning given that term in section 101(a)(13) of title 10, United States Code. SEC. 4. REDUCTION IN ELIGIBILITY AGE FOR RETIREMENT FOR NON-REGULAR SERVICE. Section 12731(f) of title 10, United States Code, is amended by striking ``60 years of age'' both places it appears and inserting ``55 years of age''.

National Guard Technician Equity Act - Provides a person the right to be employed as a non-dual status technician if: (1) the technician position has been designated to be filled only by a non-dual status technician, or (2) the person occupying the technician position has at least 20 years of service as a dual status military technician. Repeals: (1) the permanent limitation on the number of non-dual status technicians, and (2) the prohibition against overtime pay for National Guard technicians. Provides for: (1) continued compensation for a military technician who was hired as a dual status technician but who is no longer a member of the Selected Reserve. And (2) certain enlistment, reenlistment, and student loan benefits for military technicians. Provides for a technician's rights of grievance, arbitration, appeal, and review beyond the current stage of the adjutant general of the jurisdiction concerned. Makes a dual status military technician eligible for early retirement if separating from the Selected Reserve or ceasing to hold a specified military grade after: (1) completing 25 years of technician service, or (2) becoming 50 years old and completing 20 years of such service. Increases annual paid employment leave to 30 days for reserve or National Guard duty. Revises specified provisions regarding employer health plan contributions for members of a reserve component of the Armed Forces. Reduces to 55 the eligibility age for retired pay for non-regular service.

To amend titles 5, 10, and 32, United States Code, to eliminate inequities in the treatment of National Guard technicians, to reduce the eligibility age for retirement for non-Regular service, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "National Guard Technician Equity Act". <SECTION-HEADER> TITLES 10 AND 32, UNITED STATES CODE, AMENDMENTS REGARDING NATIONAL GUARD TECHNICIANS AND RELATED PROVISIONS. Authority To Employ Technician as Non-Dual Status Technician After 20 Years of Creditable Service. Subsection (c) of section 709 of title 32, United States Code, is amended to read as follows: A person shall have the right to be employed under subsection as a non-dual status technician if the technician position occupied by the person has been designated by the Secretary concerned to be filled only by a non-dual status technician. Or the person occupying the technician position has at least 20 years of creditable service as a military technician .". Exception to Dual-Status Employment Condition of Membership in Selected Reserve. Section 10216 of title 10, United States Code, is amended in subsection (a)(1)(B), by inserting "subject to subsection (d)," before "is required". And in subsection (d)(1), by striking "Unless specifically exempted by law" and inserting "Except as provided in section 709(c)(2) of title 32 or as otherwise specifically exempted by law". Continued Compensation After Loss of Membership in Selected Reserve. Subsection (e) of section 10216 of title 10, United States Code, is amended to read as follows: Continued Compensation After Loss of Membership in Selected Reserve. Funds appropriated for the Department of Defense may continue to be used to provide compensation to a military technician who was hired as a military technician , but who is no longer a member of the Selected Reserve.". Repeal of Permanent Limitations on Number of Non-Dual Status Technicians. Section 10217 of title 10, United States Code, is amended by striking subsection (c). Technician Restricted Right of Appeal and Adverse Actions Covered. Rights of grievance, arbitration, appeal, and review beyond ag. Section 709 of title 32, United States Code, is amended in subsection (f) in the matter preceding paragraph (1), by striking "Notwithstanding any other provision of law and under" and inserting "Under". And in paragraph (4), by striking "a right of appeal" and inserting "subject to subsection (j), a right of appeal". And by adding at the end the following new subsection: (1) Notwithstanding subsection (f)(4) or any other provision of law, a technician and a labor organization that is the exclusive representative of a bargaining unit including the technician shall have the rights of grievance, arbitration, appeal, and review extending beyond the adjutant general of the jurisdiction concerned and to the Merit Systems Protection Board and thereafter to the United States Court of Appeals for the Federal Circuit, in the same manner as provided in sections 4303, 7121, and 7701-7703 of title 5, with respect to a performance-based or adverse action imposing removal, suspension for more than 14 days, furlough for 30 days or less, or reduction in pay or pay band . This subsection does not apply to a technician who is serving under a temporary appointment or in a trial or probationary period.". Adverse actions covered. Section 709(g) of title 32, United States Code, is amended by striking "7511, and 7512". Conforming amendment. Section 7511(b) of title 5, United States Code, is amended by striking paragraph (5). And by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively. Technician Seniority Rights During RIF. Subsection (g) of section 709 of title 32, United States Code, as amended by subsection (2), is amended to read as follows: Section 2108 of title 5 does not apply to a person employed under this section.". Availability of Certain Enlistment, Reenlistment, and Student Loan Benefits for Military Technicians. Section 10216 of title 10, United States Code, is amended by adding at the end the following new subsection: Eligibility for Bonuses and Other Benefits. (1) If an individual becomes employed as a military technician while the individual is already a member of a reserve component, the Secretary concerned may not require the individual to repay any enlistment, reenlistment, or affiliation bonus provided to the individual in connection with the individual's enlistment or reenlistment before such employment. Even though an individual employed as a military technician is required as a condition of that employment to maintain membership in the Selected Reserve, the individual shall not be precluded from receiving an enlistment, reenlistment, or affiliation bonus nor be denied the opportunity to participate in an educational loan repayment program under chapter 1609 of this title as an additional incentive for the individual to accept and maintain such membership". Repeal of Prohibition Against Overtime Pay for National Guard Technicians. Section 709(h) of title 32, United States Code, is amended by striking the second sentence and inserting the following new sentence: "The Secretary concerned shall pay a technician for irregular or overtime work at a rate equal to one and one-half times the rate of basic pay applicable to the technician, except that, at the request of the technician, the Secretary may grant the technician, instead of such pay, an amount of compensatory time off from the technician's scheduled tour of duty equal to the amount of time spent in such irregular or overtime work.". <SECTION-HEADER> TITLE 5, UNITED STATES CODE, AMENDMENTS REGARDING NATIONAL GUARD TECHNICIANS AND RELATED PROVISIONS. Lowering Retirement Age. Amendment to fers. Subsection (c) of section 8414 of title 5, United States Code, is amended to read as follows: (1) Under the circumstances described in paragraph (2), an employee who is separated from service as a military technician is entitled to an annuity if the separation is by reason of either separating from the Selected Reserve. Or ceasing to hold the military grade specified by the Secretary concerned for the position involved. Except as provided in paragraph (3), paragraph (1) applies to a military technician who is separated after completing 25 years of service as such a technician, or after becoming 50 years of age and completing 20 years of service as such a technician. Paragraph (1) does not apply if separation or removal is for cause on charges of misconduct or delinquency.". Amendment to csrs. Section 8336 of title 5, United States Code, is amended by adding at the end the following new subsection: (1) Under the circumstances described in paragraph (2), an employee who is separated from service as a military technician is entitled to an annuity if the separation is by reason of either separating from the Selected Reserve. Or ceasing to hold the military grade specified by the Secretary concerned for the position involved. Except as provided in paragraph (3), paragraph (1) applies to a military technician who is separated after completing 25 years of service as such a technician, or after becoming 50 years of age and completing 20 years of service as such a technician. Paragraph (1) does not apply if separation or removal is for cause on charges of misconduct or delinquency.". Adequate Leave Time for Military Activations. Section 6323(a)(1) of title 5, United States Code, is amended by striking the last sentence and inserting the following new sentence: "Leave under this subsection accrues for an employee or individual at the rate of 30 days per fiscal year and, to the extent that such leave is not used by the employee or individual during the fiscal year accrued, accumulates without limitation for use in succeeding fiscal years.". Improved Health Care Benefits. FEHBP changes. Subparagraph (B) of section 8906(e)(3) of title 5, United States Code, is amended to read as follows: An employee referred to in subparagraph (A) is an employee who is enrolled in a health benefits plan under this chapter. Is a member of a reserve component of the Armed Forces. Is placed on leave without pay or separated from service to perform the active duty or other duties described in clause (iv). And is called or ordered to active duty in support of a contingency operation (as defined in section 101(a). Active duty for a period of more than 30 consecutive days, active duty under section 12406 of title 10. Perform training or other duties described under paragraph (1) or (2) of section 502(f) of title 32. Or while not in Federal service, perform duties related to an emergency declared by the chief executive of a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.". Study and report. In general. Within 6 months after the date of the enactment of this Act, the Secretary of Defense and the Director of the Office of Personnel Management shall jointly conduct a study and submit to Congress a report evaluating the feasibility of converting military technicians from FEHBP coverage to coverage provided under the TRICARE or TRICARE Reserve Select program. And identifying any problems associated with the conversion of military technicians from FEHBP coverage to coverage provided under chapter 55 of title 10, United States Code, during contingency operations. Definitions. For purposes of this subsection the term "FEHBP coverage" means coverage provided under chapter 89 of title 5, United States Code. And the term "contingency operation" has the meaning given that term in section 101(a)(13) of title 10, United States Code. <SECTION-HEADER> REDUCTION IN ELIGIBILITY AGE FOR RETIREMENT FOR NON-REGULAR SERVICE. Section 12731(f) of title 10, United States Code, is amended by striking "60 years of age" both places it appears and inserting "55 years of age".

National Guard Technician Equity Act - Provides a person the right to be employed as a non-dual status technician if: (1) the technician position has been designated to be filled only by a non-dual status technician, or (2) the person occupying the technician position has at least 20 years of service as a dual status military technician. Repeals: (1) the permanent limitation on the number of non-dual status technicians, and (2) the prohibition against overtime pay for National Guard technicians. Provides for: (1) continued compensation for a military technician who was hired as a dual status technician but who is no longer a member of the Selected Reserve. And (2) certain enlistment, reenlistment, and student loan benefits for military technicians. Provides for a technician's rights of grievance, arbitration, appeal, and review beyond the current stage of the adjutant general of the jurisdiction concerned. Makes a dual status military technician eligible for early retirement if separating from the Selected Reserve or ceasing to hold a specified military grade after: (1) completing 25 years of technician service, or (2) becoming 50 years old and completing 20 years of such service. Increases annual paid employment leave to 30 days for reserve or National Guard duty. Revises specified provisions regarding employer health plan contributions for members of a reserve component of the Armed Forces. Reduces to 55 the eligibility age for retired pay for non-regular service.

To amend titles 5, 10, and 32, United States Code, to eliminate inequities in the treatment of National Guard technicians, to reduce the eligibility age for retirement for non-Regular service, and for other purposes.

113_hr2031

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trial and Experimental Studies Transparency Act of 2012'' or the ``TEST Act''. SEC. 2. EXPANDED CLINICAL TRIAL REGISTRY DATA BANK. (a) In General.--Section 402(j) of the Public Health Service Act (42 U.S.C. 282(j)) is amended-- (1) in paragraph (1)(A)-- (A) in clause (ii)-- (i) by amending subclause (I) to read as follows: ``(I) an interventional study of a device subject to section 510(k), 515, or 520(m) of the Federal Food, Drug, and Cosmetic Act, including any interventional study of a device conducted outside of the United States the results of which are submitted to the Secretary in support of a PMA (as such term is defined in section 814.3(e) of title 21, Code of Federal Regulations); a premarket notification required under section 510(k) of the Federal Food, Drug, and Cosmetic Act; or a HDE (as such term is defined in section 814.3(m) of title 21, Code of Federal Regulations).''; and (ii) in subclause (II)-- (I) by striking ``pediatric''; and (II) by inserting ``that involves data collection from human subjects'' before the period at the end; (B) by amending clause (iii) to read as follows: ``(iii) Applicable drug clinical trial.-- The term `applicable drug clinical trial' means an interventional study of a drug subject to section 505 of the Federal Food, Drug, and Cosmetic Act or to section 351 of this Act, including any interventional study of a drug conducted outside of the United States the results of which are submitted to the Secretary in support of-- ``(I) an IND (as such term is defined in section 312.3 of title 21, Code of Federal Regulations); ``(II) an application filed under subsection (b) or (j) of such section 505 of the Federal Food, Drug, and Cosmetic Act; or ``(III) an application for a license under section 351.''; (C) by redesignating clauses (iv) through (ix) as clauses (v) through (x), respectively; (D) after clause (iii), by inserting the following new clause: ``(iv) Interventional study.--For purposes of clauses (ii) and (iii), the term `interventional study' means a study in human beings in which individuals are assigned by an investigator, based on a protocol, to receive specific interventions to evaluate their effects on biomedical or health-related outcomes.''; and (E) in clause (vi), as redesignated by subparagraph (C)-- (i) in the heading, by inserting ``; primary completion date'' after ``date''; and (ii) by inserting ``, also referred to as `primary completion date','' before ``means''; (2) in paragraph (2)-- (A) in subparagraph (A)(ii)-- (i) by redesignating subclauses (II), (III), and (IV) as subclauses (III), (IV), and (V), respectively; (ii) by inserting after subclause (I) the following: ``(II) supporting documents, including-- ``(aa) consent documents used to enroll subjects into the trial, as approved by the Institutional Review Board or equivalent committee prior to the start of the trial; and ``(bb) protocol documents, as approved by the Institutional Review Board or equivalent committee prior to the start of the trial;''; and (iii) in subclause (IV), as so redesignated, in item (cc), by inserting ``(or, in the case of a location outside of the United States, other appropriate location information)'' after ``zip code''; (B) in subparagraph (C)(ii) by striking ``21 days after'' and inserting ``before''; and (C) by amending subparagraph (D) to read as follows: ``(D) Posting of data.--The Director of NIH shall ensure that clinical trial information for an applicable clinical trial submitted in accordance with this paragraph is posted publically in the registry data bank not later than 30 days after such submission is determined to meet the quality criteria established by the Director of NIH.''; (3) in paragraph (3)-- (A) in subparagraph (C)-- (i) by striking ``Not later than 1 year'' and all that follows through the colon and inserting ``Subject to subparagraph (2)(C), the Secretary shall include in the registry and results data bank the following elements for an applicable clinical trial:''; and (ii) by adding at the end the following new clause: ``(v) Supporting documents.--Final consent and protocol documents, including all dated amendments to the initial version of such documents, as approved by the Institutional Review Board or equivalent committee.''; (B) in subparagraph (D)-- (i) by striking clauses (ii) and (iv); (ii) in clause (iii)-- (I) by striking subclause (III); and (II) by redesignating subclause (IV) as subclause (III); and (iii) by redesignating-- (I) clause (iii) as clause (ii); and (II) clauses (v) through (vii) as clauses (iii) through (v), respectively; (C) in subparagraph (E)-- (i) by striking clauses (i) through (v) and inserting the following: ``(i) In general.--Except as provided in clauses (ii) and (iii), the responsible party for an applicable clinical trial shall submit to the Director of NIH for inclusion in the registry and results data bank the clinical trial information described in subparagraph (C) not later than 1 year after the primary completion date of such trial. ``(ii) Delayed submission of results with certification.--If the responsible party for an applicable clinical trial submits a certification that an applicable clinical trial involves a drug described in clause (iii) or a device described in clause (iv), the responsible party shall submit to the Director of NIH, for inclusion in the registry and results data bank, the clinical trial information described in subparagraphs (C) and (D) not later than the earliest of the following: ``(I) The later of-- ``(aa) 30 days after the drug or device is approved, licensed, or cleared, as applicable; or ``(bb) 1 year after the primary completion date of the applicable clinical trial. ``(II) The date that is 2 years after the primary completion date of the applicable clinical trial. ``(iii) Drug described.--A drug described in this clause is a drug that contains an active ingredient, including any ester or salt, that has not been an ingredient in a drug approved in any other application under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed for any use under section 351 of this Act. ``(iv) Device described.--A device described in this clause is a device that has not been approved or cleared for any use under section 510(k) or under section 515 or 520(m) of the Federal Food, Drug, and Cosmetic Act.''; (ii) by redesignating clause (vi) as clause (v); and (iii) by adding at the end the following: ``(vi) Public postings related to delays and extensions.--Information submitted by the responsible party as part of a certification for delayed submission of results submitted under clause (ii) or a request for extension submitted under clause (v) shall be posted publically in the registry data bank.''; (D) by striking subparagraph (F); (E) by redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively; and (F) in subparagraph (F), as so redesignated, by inserting before the period at the end the following: ``is determined to meet the quality criteria established by the Director of NIH''; and (4) in paragraph (4)(B)-- (A) in clause (i)(II), by striking ``(3)(E)(iii)'' and inserting ``(3)(E)(ii)''; and (B) in clause (ii)(II)-- (i) by striking ``by both''; and (ii) by striking ``and paragraph (3)(D)(ii)(II))''. (b) Implementation.--The Secretary of Health and Human Services shall implement the amendments made by subsection (a) not later than 6 months after the date of enactment of this Act. SEC. 3. REPORTING REQUIREMENT. Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Director of the National Institutes of Health and the Commissioner of the Food and Drug Administration shall each submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that includes the following: (1) Based on information that is readily available in the data bank described in section 402(j) of the Public Health Service Act (42 U.S.C. 282(j))-- (A) the number of trials that the Director or Commissioner, as applicable, has identified as trials that are likely to be subject to the reporting requirements of such section; (B) of the trials identified under subparagraph (A), the estimated numbers and percentages of such trials-- (i) that have complete registration information; and (ii) that have met the result reporting requirements of section 402(j) of the Public Health Service Act; and (C) whether results of the trials have been submitted by the responsible party by the due dates outlined in section 402(j) of the Public Health Service Act and, if not, whether certifications for delayed submission of such results, or requests for extensions, have been submitted by the responsible party. For purposes of this paragraph, the Secretary may use an algorithm or other technique for efficiently reviewing large amounts of data. (2) A description of any actions taken to consult with other Federal agencies under 402(j)(5)(A)(iv) of the Public Health Service Act. (3) In the case of a report submitted by the Commissioner of the Food and Drug Administration, a description of any enforcement actions taken for violations of section 301(jj) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(jj)), including-- (A) warning letters or fines imposed related to reporting requirements; and (B) any inquiries made to responsible parties to inform those parties of any potential enforcement action. (4) In the case of a report submitted by the Director of the National Institutes of Health, a description of any actions taken to withhold grant funds from responsible parties that are not compliant with the requirements of this section as indicated in 402(j)(5)(A) of the Public Health Service Act. SEC. 4. RULEMAKING RELATED TO FOREIGN CLINICAL STUDIES. (a) Drugs.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to amend section 312.120 of title 21, Code of Federal Regulations (relating to foreign clinical studies not conducted under an IND) to require that clinical trial information for such a foreign clinical study be submitted for inclusion in the registry and results data bank in accordance with section 402(j) of the Public Health Service Act (42 U.S.C. 282(j)), as amended by this Act, as a condition for the acceptance of such study as support for an IND (as such term is defined in section 312.3 of title 21, Code of Federal Regulations) or application for marketing approval (an application under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262)). (b) Devices.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue final regulations (including regulations amending section 814.15 of title 21, Code of Federal Regulations (relating to research conducted outside the United States)) to require that clinical trial information for studies conducted outside the United States be submitted for inclusion in the registry and results data bank in accordance with section 402(j) of the Public Health Service Act (42 U.S.C. 282(j)), as amended by this Act, as a condition for the acceptance of such studies to support a PMA (as such term is defined in section 814.3(e) of title 21, Code of Federal Regulations), a premarket notification required under section 510(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k)), or HDE (as such term is defined in section 814.3(m) of title 21, Code of Federal Regulations).

Trial and Experimental Studies Transparency Act of 2012 sic or TEST Act - Amends the Public Health Service Act to expand the clinical trials that must be reported to the clinical trial registry data bank to include: (1) any interventional study of a drug, device, or biological product conducted outside of the United States the results of which are submitted to the Secretary of Health and Human Services (HHS) as support for approval of an application. And (2) postmarket surveillance of a class II or class III device that involves data collection from human subjects. Defines quot, interventional studyquot. To mean a study in human beings in which individuals are assigned by an investigator, based on a protocol, to receive specific interventions to evaluate their effects on biomedical health-related outcomes. Requires submission to the data bank of supporting documents, including protocol documents and consent documents used to enroll subjects into the trial. Requires the responsible party for a clinical trial to submit clinical trial information to the data bank before the first patient is enrolled in the trial. Requires the Director of the National Institutes of Health (NIH) to post the information submitted to the data bank within 30 days after the submission is determined to meet the quality criteria established by the Director. Revises time frames for the reporting of results data to the clinical trial registry. Requires the Director and the Commissioner of Food and Drugs (FDA) to report on the number of clinical trials with information submitted to the registry and steps taken to enforce compliance with such reporting requirements.

TEST Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Trial and Experimental Studies Transparency Act of 2012" or the "TEST Act". <SECTION-HEADER> EXPANDED CLINICAL TRIAL REGISTRY DATA BANK. In General. Section 402(j) of the Public Health Service Act (42 USC. 282(j)) is amended in paragraph (1)(A) in clause (ii) by amending subclause (I) to read as follows: an interventional study of a device subject to section 510(k), 515, or 520(m) of the Federal Food, Drug, and Cosmetic Act, including any interventional study of a device conducted outside of the United States the results of which are submitted to the Secretary in support of a PMA (as such term is defined in section 814.3. A premarket notification required under section 510(k) of the Federal Food, Drug, and Cosmetic Act. Or a HDE (as such term is defined in section 814.3.", and in subclause (II) by striking "pediatric". And by inserting "that involves data collection from human subjects" before the period at the end. By amending clause (iii) to read as follows: Applicable drug clinical trial. The term `applicable drug clinical trial' means an interventional study of a drug subject to section 505 of the Federal Food, Drug, and Cosmetic Act or to section 351 of this Act, including any interventional study of a drug conducted outside of the United States the results of which are submitted to the Secretary in support of an IND. An application filed under subsection (b) or (j) of such section 505 of the Federal Food, Drug, and Cosmetic Act, or an application for a license under section 351.". By redesignating clauses (iv) through (ix) as clauses (v) through (x), respectively. After clause (iii), by inserting the following new clause: Interventional study. For purposes of clauses (ii) and (iii), the term `interventional study' means a study in human beings in which individuals are assigned by an investigator, based on a protocol, to receive specific interventions to evaluate their effects on biomedical or health-related outcomes.". And in clause (vi), as redesignated by subparagraph in the heading, by inserting ", primary completion date" after "date". And by inserting ", also referred to as `primary completion date'," before "means". In paragraph (2) in subparagraph (A)(ii) by redesignating subclauses (II). and (IV) as subclauses (III), (IV), and , respectively. By inserting after subclause (I) the following: supporting documents, including consent documents used to enroll subjects into the trial, as approved by the Institutional Review Board or equivalent committee prior to the start of the trial. And protocol documents, as approved by the Institutional Review Board or equivalent committee prior to the start of the trial, ". And in subclause (IV), as so redesignated, in item (cc), by inserting "" after "zip code". In subparagraph (C)(ii) by striking "21 days after" and inserting "before". And by amending subparagraph (D) to read as follows: Posting of data. The Director of NIH shall ensure that clinical trial information for an applicable clinical trial submitted in accordance with this paragraph is posted publically in the registry data bank not later than 30 days after such submission is determined to meet the quality criteria established by the Director of NIH.". In paragraph (3) in subparagraph (C) by striking "Not later than 1 year" and all that follows through the colon and inserting "Subject to subparagraph (2)(C), the Secretary shall include in the registry and results data bank the following elements for an applicable clinical trial:". And by adding at the end the following new clause: Supporting documents. Final consent and protocol documents, including all dated amendments to the initial version of such documents, as approved by the Institutional Review Board or equivalent committee.", in subparagraph (D) by striking clauses (ii) and (iv), in clause (iii) by striking subclause (III), and by redesignating subclause as subclause (III), and by redesignating clause (iii) as clause (ii). And clauses (v) through (vii) as clauses (iii) through (v), respectively. In subparagraph (E) by striking clauses (i) through (v) and inserting the following: In general. Except as provided in clauses (ii) and (iii), the responsible party for an applicable clinical trial shall submit to the Director of NIH for inclusion in the registry and results data bank the clinical trial information described in subparagraph (C) not later than 1 year after the primary completion date of such trial. Delayed submission of results with certification. If the responsible party for an applicable clinical trial submits a certification that an applicable clinical trial involves a drug described in clause (iii) or a device described in clause (iv), the responsible party shall submit to the Director of NIH, for inclusion in the registry and results data bank, the clinical trial information described in subparagraphs (C) and not later than the earliest of the following: The later of 30 days after the drug or device is approved, licensed, or cleared, as applicable. Or 1 year after the primary completion date of the applicable clinical trial. The date that is 2 years after the primary completion date of the applicable clinical trial. Drug described. A drug described in this clause is a drug that contains an active ingredient, including any ester or salt, that has not been an ingredient in a drug approved in any other application under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed for any use under section 351 of this Act. Device described. A device described in this clause is a device that has not been approved or cleared for any use under section 510(k) or under section 515 or 520(m) of the Federal Food, Drug, and Cosmetic Act.", by redesignating clause (vi) as clause. And by adding at the end the following: Public postings related to delays and extensions. Information submitted by the responsible party as part of a certification for delayed submission of results submitted under clause (ii) or a request for extension submitted under clause (v) shall be posted publically in the registry data bank.", by striking subparagraph (F). By redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively. And in subparagraph (F), as so redesignated, by inserting before the period at the end the following: "is determined to meet the quality criteria established by the Director of NIH". And in paragraph (4)(B) in clause (i)(II), by striking "(3)(E)(iii)" and inserting "(3)(E)(ii)", and in clause (ii)(II) by striking "by both". And by striking "and paragraph (D)(ii)(II))". Implementation. The Secretary of Health and Human Services shall implement the amendments made by subsection (a) not later than 6 months after the date of enactment of this Act. <SECTION-HEADER> REPORTING REQUIREMENT. Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Director of the National Institutes of Health and the Commissioner of the Food and Drug Administration shall each submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that includes the following: Based on information that is readily available in the data bank described in section 402(j) of the Public Health Service Act (42 USC. 282(j)) the number of trials that the Director or Commissioner, as applicable, has identified as trials that are likely to be subject to the reporting requirements of such section. Of the trials identified under subparagraph , the estimated numbers and percentages of such trials that have complete registration information. And that have met the result reporting requirements of section 402(j) of the Public Health Service Act. And whether results of the trials have been submitted by the responsible party by the due dates outlined in section 402(j) of the Public Health Service Act and, if not, whether certifications for delayed submission of such results, or requests for extensions, have been submitted by the responsible party. For purposes of this paragraph, the Secretary may use an algorithm or other technique for efficiently reviewing large amounts of data. A description of any actions taken to consult with other Federal agencies under 402(j)(5)(A)(iv) of the Public Health Service Act. In the case of a report submitted by the Commissioner of the Food and Drug Administration, a description of any enforcement actions taken for violations of section 301(jj) of the Federal Food, Drug, and Cosmetic Act (21 USC. 331(jj)), including warning letters or fines imposed related to reporting requirements. And any inquiries made to responsible parties to inform those parties of any potential enforcement action. In the case of a report submitted by the Director of the National Institutes of Health, a description of any actions taken to withhold grant funds from responsible parties that are not compliant with the requirements of this section as indicated in 402(j)(5)(A) of the Public Health Service Act. <SECTION-HEADER> RULEMAKING RELATED TO FOREIGN CLINICAL STUDIES. Drugs. Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to amend section 312.120 of title 21, Code of Federal Regulations to require that clinical trial information for such a foreign clinical study be submitted for inclusion in the registry and results data bank in accordance with section 402(j) of the Public Health Service Act (42 USC. 282(j)), as amended by this Act, as a condition for the acceptance of such study as support for an IND or application for marketing approval (an application under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act . Devices. Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue final regulations (including regulations amending section 814.15 of title 21, Code of Federal Regulations to require that clinical trial information for studies conducted outside the United States be submitted for inclusion in the registry and results data bank in accordance with section 402(j) of the Public Health Service Act (42 USC. 282(j)), as amended by this Act, as a condition for the acceptance of such studies to support a PMA (as such term is defined in section 814.3, a premarket notification required under section 510(k) of the Federal Food, Drug, and Cosmetic Act (21 USC. 360(k)), or HDE (as such term is defined in section 814.3.

Trial and Experimental Studies Transparency Act of 2012 sic or TEST Act - Amends the Public Health Service Act to expand the clinical trials that must be reported to the clinical trial registry data bank to include: (1) any interventional study of a drug, device, or biological product conducted outside of the United States the results of which are submitted to the Secretary of Health and Human Services (HHS) as support for approval of an application. And (2) postmarket surveillance of a class II or class III device that involves data collection from human subjects. Defines quot, interventional studyquot. To mean a study in human beings in which individuals are assigned by an investigator, based on a protocol, to receive specific interventions to evaluate their effects on biomedical health-related outcomes. Requires submission to the data bank of supporting documents, including protocol documents and consent documents used to enroll subjects into the trial. Requires the responsible party for a clinical trial to submit clinical trial information to the data bank before the first patient is enrolled in the trial. Requires the Director of the National Institutes of Health (NIH) to post the information submitted to the data bank within 30 days after the submission is determined to meet the quality criteria established by the Director. Revises time frames for the reporting of results data to the clinical trial registry. Requires the Director and the Commissioner of Food and Drugs (FDA) to report on the number of clinical trials with information submitted to the registry and steps taken to enforce compliance with such reporting requirements.

TEST Act

115_s1700

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Efficiency Improvement Act of 2017''. SEC. 2. WATERSENSE. (a) In General.--Part B of title III of the Energy Policy and Conservation Act is amended by adding after section 324A (42 U.S.C. 6294a) the following: ``SEC. 324B. WATERSENSE. ``(a) Establishment of WaterSense Program.-- ``(1) In general.--There is established within the Environmental Protection Agency a voluntary WaterSense program to identify and promote water-efficient products, buildings and building landscapes, facilities, processes, and services that, through voluntary labeling of, or other forms of communications regarding, products, buildings and building landscapes, facilities, processes, and services while meeting strict performance criteria, sensibly-- ``(A) reduce water use; ``(B) reduce the strain on public and community water systems and wastewater and stormwater infrastructure; ``(C) conserve energy used to pump, heat, transport, and treat water; and ``(D) preserve water resources for future generations. ``(2) Inclusions.--The Administrator of the Environmental Protection Agency (referred to in this section as the `Administrator') shall, consistent with this section, identify water-efficient products, buildings and building landscapes, facilities, processes, and services, including categories such as-- ``(A) irrigation technologies and services; ``(B) point-of-use water treatment devices; ``(C) plumbing products; ``(D) reuse and recycling technologies; ``(E) landscaping and gardening products, including moisture control or water-enhancing technologies; ``(F) whole house humidifiers; and ``(G) water-efficient buildings or facilities, and building or facility landscapes. ``(b) Duties.--The Administrator, coordinating as appropriate with the Secretary, shall-- ``(1) establish-- ``(A) a WaterSense label to be used for items meeting the certification criteria established in accordance with this section; and ``(B) the procedure, including the methods and means, and criteria by which an item may be certified to display the WaterSense label, minimizing unintended or negative impacts to wastewater treatment works, recycled water quality, or water quality in receiving water; ``(2) enhance public awareness regarding the WaterSense label through outreach, education, and other means; ``(3) preserve the integrity of the WaterSense label by-- ``(A) establishing and maintaining feasible performance criteria so that products, buildings and building landscapes, facilities, processes, and services labeled with the WaterSense label perform as well or better than less water-efficient counterparts; ``(B) overseeing WaterSense certifications made by third parties; ``(C) as determined appropriate by the Administrator, using testing protocols, from the appropriate, applicable, and relevant consensus standards, for the purpose of determining standards compliance; and ``(D) auditing the use of the WaterSense label in the marketplace and preventing cases of misuse; ``(4) not more often than 6 years but not less often than 10 years after adoption or major revision of any WaterSense specification, review and, if appropriate, revise the specification to achieve additional water savings; ``(5) in revising a WaterSense specification-- ``(A) provide reasonable notice to interested parties and the public of any changes, including effective dates, and an explanation of the changes; ``(B) solicit comments from interested parties and the public prior to any changes; ``(C) as appropriate, respond to comments submitted by interested parties and the public; and ``(D) provide an appropriate transition time prior to the applicable effective date of any changes, taking into account the timing necessary for the manufacture, marketing, training, and distribution of the specific water-efficient product, building and building landscape, process, or service category being addressed; ``(6) use, to the extent that an agency action is based on science-- ``(A) the best available peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and ``(B) data collected by accepted methods or best available methods (if the reliability of the method and the nature of the decision justifies use of the data); and ``(7) not later than December 31, 2022, consider for review and revision any WaterSense specification adopted before January 1, 2012. ``(c) Transparency.--The Administrator shall, to the maximum extent practicable and not less than annually, regularly estimate and make available to the public the estimate aggregate production, aggregate market penetration, and savings of water, energy, and capital costs of water, wastewater, and stormwater attributable to the use of WaterSense-labeled products, buildings and building landscapes, facilities, processes, and services. ``(d) Distinction of Authorities.--In setting or maintaining specifications for Energy Star pursuant to section 324A, and WaterSense under this section, the Secretary and Administrator shall coordinate to prevent duplicative or conflicting requirements among the respective programs. ``(e) No Warranty.--A WaterSense label shall not create an express or implied warranty.''. (b) Conforming Amendment.--The table of contents for the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by inserting after the item relating to section 324A the following: ``Sec. 324B. WaterSense.''.

Water Efficiency Improvement Act of 2017 This bill amends the Energy Policy and Conservation Act to codify the WaterSense Program of the Environmental Protection Agency (EPA) that allows water-efficient products, buildings, landscapes, facilities, processes, and services to bear a WaterSense label. The EPA must establish certification criteria for the WaterSense label, enhance public awareness regarding the label, preserve the label's integrity, and review, and if appropriate, revise the WaterSense label requirements. To the maximum extent practicable and no less than annually, the EPA must estimate and publish the aggregate production, aggregate market penetration, and savings of water, energy, and capital costs of water, wastewater, and stormwater attributable to the use of WaterSense-labeled products, buildings and building landscapes, facilities, processes, and services.

Water Efficiency Improvement Act of 2017

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Water Efficiency Improvement Act of 2017". <SECTION-HEADER> WATERSENSE. In General. Part B of title III of the Energy Policy and Conservation Act is amended by adding after section 324A the following: "Section 324B. WATERSENSE. Establishment of WaterSense Program. In general. There is established within the Environmental Protection Agency a voluntary WaterSense program to identify and promote water-efficient products, buildings and building landscapes, facilities, processes, and services that, through voluntary labeling of, or other forms of communications regarding, products, buildings and building landscapes, facilities, processes, and services while meeting strict performance criteria, sensibly reduce water use. Reduce the strain on public and community water systems and wastewater and stormwater infrastructure, conserve energy used to pump, heat, transport, and treat water. And preserve water resources for future generations. Inclusions. The Administrator of the Environmental Protection Agency shall, consistent with this section, identify water-efficient products, buildings and building landscapes, facilities, processes, and services, including categories such as irrigation technologies and services, point-of-use water treatment devices, plumbing products, reuse and recycling technologies, landscaping and gardening products, including moisture control or water-enhancing technologies, whole house humidifiers. And water-efficient buildings or facilities, and building or facility landscapes. Duties. The Administrator, coordinating as appropriate with the Secretary, shall establish a WaterSense label to be used for items meeting the certification criteria established in accordance with this section. And the procedure, including the methods and means, and criteria by which an item may be certified to display the WaterSense label, minimizing unintended or negative impacts to wastewater treatment works, recycled water quality, or water quality in receiving water. Enhance public awareness regarding the WaterSense label through outreach, education, and other means. Preserve the integrity of the WaterSense label by establishing and maintaining feasible performance criteria so that products, buildings and building landscapes, facilities, processes, and services labeled with the WaterSense label perform as well or better than less water-efficient counterparts, overseeing WaterSense certifications made by third parties. As determined appropriate by the Administrator, using testing protocols, from the appropriate, applicable, and relevant consensus standards, for the purpose of determining standards compliance. And auditing the use of the WaterSense label in the marketplace and preventing cases of misuse. Not more often than 6 years but not less often than 10 years after adoption or major revision of any WaterSense specification, review and, if appropriate, revise the specification to achieve additional water savings. In revising a WaterSense specification provide reasonable notice to interested parties and the public of any changes, including effective dates, and an explanation of the changes. Solicit comments from interested parties and the public prior to any changes. As appropriate, respond to comments submitted by interested parties and the public. And provide an appropriate transition time prior to the applicable effective date of any changes, taking into account the timing necessary for the manufacture, marketing, training, and distribution of the specific water-efficient product, building and building landscape, process, or service category being addressed. Use, to the extent that an agency action is based on science the best available peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices, and data collected by accepted methods or best available methods. And not later than December 31, 2022, consider for review and revision any WaterSense specification adopted before January 1, 2012. Transparency. The Administrator shall, to the maximum extent practicable and not less than annually, regularly estimate and make available to the public the estimate aggregate production, aggregate market penetration, and savings of water, energy, and capital costs of water, wastewater, and stormwater attributable to the use of WaterSense-labeled products, buildings and building landscapes, facilities, processes, and services. Distinction of Authorities. In setting or maintaining specifications for Energy Star pursuant to section 324A, and WaterSense under this section, the Secretary and Administrator shall coordinate to prevent duplicative or conflicting requirements among the respective programs. No Warranty. A WaterSense label shall not create an express or implied warranty.". Conforming Amendment. The table of contents for the Energy Policy and Conservation Act is amended by inserting after the item relating to section 324A the following: "Section 324B. WaterSense.".

Water Efficiency Improvement Act of 2017 This bill amends the Energy Policy and Conservation Act to codify the WaterSense Program of the Environmental Protection Agency (EPA) that allows water-efficient products, buildings, landscapes, facilities, processes, and services to bear a WaterSense label. The EPA must establish certification criteria for the WaterSense label, enhance public awareness regarding the label, preserve the label's integrity, and review, and if appropriate, revise the WaterSense label requirements. To the maximum extent practicable and no less than annually, the EPA must estimate and publish the aggregate production, aggregate market penetration, and savings of water, energy, and capital costs of water, wastewater, and stormwater attributable to the use of WaterSense-labeled products, buildings and building landscapes, facilities, processes, and services.

Water Efficiency Improvement Act of 2017

103_hr267

SECTION 1. PROCEDURES FOR ADJUDICATION OF CAPITAL PUNISHMENT BY COURTS- MARTIAL. (a) New UCMJ Article.--(1)(A) Chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 852 (article 52) the following new section (article): ``Sec. 852a. Art. 52a. Procedures for adjudging capital punishment ``(a) No person may be sentenced by a court-martial to suffer death except as provided in this section (article). ``(b) No person may be sentenced by a court-martial to suffer death unless convicted by the concurrence of all the members of the court- martial present at the time the vote is taken of an offense in this chapter expressly made punishable by death. ``(c) If the trial counsel at a court-martial of an offense under this chapter expressly made punishable by death intends to prove at the trial any aggravating factor set out in subsection (e), the trial counsel shall provide the accused before arraignment with written notice of each such aggravating factor the trial counsel intends to prove. However, failure to provide such notice of an aggravating factor set out in subsection (e) before arraignment shall not bar later notice and proof of that aggravating factor unless the accused demonstrates-- ``(1) that the failure resulted in specific prejudice to the accused; and ``(2) that a continuance or recess is not an adequate remedy for such failure. ``(d)(1) A person may not be sentenced to death by a court-martial unless-- ``(A) the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (e); ``(B) notice of that aggravating factor was provided in accordance with subsection (c); and ``(C) each member of the court-martial concurs in finding that any extenuating or mitigating circumstances are substantially outweighed by aggravating circumstances, including the aggravating factors set out in subsection (e). ``(2) Findings by the members of a court-martial under paragraph (1) may be based on-- ``(A) evidence introduced on the issue of guilt or innocence; ``(B) evidence introduced during the sentencing proceeding; or ``(C) all such evidence. ``(3) The accused shall be given broad latitude to present matters in extenuation and mitigation. ``(e)(1) A sentence of death may be adjudged by a court-martial only if the members of the court-martial unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors: ``(A) That the offense was committed before or in the presence of the enemy (except that this subparagraph does not apply in the case of an offense under section 918 or 920 of this title (article 118 or 120)). ``(B) That, in committing the offense, the accused intended-- ``(i) to cause a grave risk of substantial damage to the national security; or ``(ii) to cause a grave risk of substantial damage to a mission, system, or function of the United States, but only if substantial damage to the national security of the United States would have resulted had the intended damage been effected. ``(C) That the offense caused substantial damage to the national security of the United States, whether or not the accused intended such damage (except that this subparagraph does not apply in the case of an offense under section 918 or 920 of this title (article 118 or 120)). ``(D) That the accused knowingly created a grave risk of death to one or more persons in addition to the victim of the offense (except that this factor does not apply in the case of an offense under section 920 of this title (article 120)). ``(E) That the accused committed the offense with the intent to avoid hazardous duty. ``(F) That, only in the case of an offense under section 918 or 920 of this title (article 118 or 120), the offense was committed in time of war and in territory in which-- ``(i) the United States or an ally of the United States was then an occupying power; or ``(ii) the armed forces of the United States were then engaged in active hostilities. ``(G) That, only in the case of an offense under section 918(l) of this title (article 118(l)), any of the following is applicable: ``(i) The accused was serving a sentence of confinement for 30 years or more or for life at the time of the offense. ``(ii) The offense was committed while the accused-- ``(I) was engaged in the commission or attempted commission of robbery, rape, aggravated arson, sodomy, burglary, kidnapping, mutiny, sedition, or piracy of an aircraft or vessel; or ``(II) was engaged in flight or attempted flight after the commission or attempted commission of any such offense. ``(iii) The offense was committed for the purpose of receiving money or a thing of value. ``(iv) The accused procured another by means of compulsion, coercion, or a promise of an advantage, a service, or a thing of value to commit the offense. ``(v) The offense was committed with the intent to avoid or to prevent lawful apprehension or effect an escape from custody or confinement. ``(vi) The victim of the offense was-- ``(I) the President, the President-elect, the Vice President (or, if there was no Vice President, the officer next in the order of succession to the office of President), the Vice President-elect, or an individual who is acting as President under the Constitution and laws of the United States; ``(II) a Member of Congress (including a Delegate to, or Resident Commissioner in, the Congress) or Member-of-Congress elect; ``(III) a justice or judge of the United States; ``(IV) a chief of state or head of government (or the political equivalent) of a foreign nation; or ``(V) a foreign official (as such term is defined in section 1116(b)(3)(A) of title 18), if the official was in the United States or on military property of the United States on official business at the time of the offense. ``(vii) The accused at the time of the offense knew that the victim was any of the following in the execution of such person's office: ``(I) A commissioned, warrant, noncommissioned, or petty officer of the armed forces. ``(II) A member of a law enforcement or security activity or agency, including correctional custody personnel. ``(III) A firefighter. ``(viii) The offense was committed with intent to obstruct justice. ``(ix) The offense was preceded by the intentional infliction of substantial physical harm or prolonged, substantial mental or physical pain and suffering to the victim. ``(x) The accused has been found guilty in the same case of another offense under section 918 of this title (article 118). ``(H) That, only in the case of an offense under section 918(4) of this title (article 118(4)), the accused was the actual perpetrator of the killing. ``(I) That, only in the case of an offense under section 920 of this title (article 120)-- ``(i) the victim was under the age of 12; or ``(ii) the accused maimed or attempted to kill the victim. ``(J) That, only in the case of an offense under the law of war, a sentence of death is authorized under the law of war for the offense. ``(K) That, only in the case of an offense under section 904 or 906a the accused has previously been convicted of this title (article 104 or 106a), of another offense involving espionage or treason for which either a sentence of death or a sentence of life imprisonment was authorized by statute. ``(L) That the offense involved such other factors as may be prescribed by the President by regulation, to the extent that such factors concern the national security or otherwise involve a function of the armed forces related to the conduct of hostilities. ``(2) In this subsection, `national security' means the national defense and foreign relations of the United States and specifically includes-- ``(A) a military or defense advantage over any foreign nation or group of nations; ``(B) a favorable foreign relations position; or ``(C) a defense posture capable of successfully resisting hostile or destructive action from within or without. ``(f) The military judge, in the presence of the accused and counsel, shall instruct the members of the court-martial on-- ``(1) such aggravating factors set forth in subsection (e) as may be in issue in the case; ``(2) the requirements and procedures under this section; and ``(3) the requirement to consider all evidence in extenuation and mitigation before they may adjudge a sentence of death. ``(g)(1) In closed session, before voting on a sentence-- ``(A) the members of the court-martial shall vote by secret written ballot separately on each aggravating factor set out in subsection (e) on which they have been instructed; and ``(B) if one or more of the aggravating factors set forth in subsection (e) is found to exist, the members shall then vote by secret written ballot on whether the aggravating circumstances (including any aggravating factors set out in subsection (e)) substantially outweigh any extenuating or mitigating circumstances or, in the absence of any extenuating or mitigating circumstances, whether the aggravating circumstances are themselves sufficient to justify a sentence of death. ``(2) A sentence of death may not be adjudged unless each member of the court-martial concurs-- ``(A) that, with respect to at least one aggravating factor, the existence of such factor has been proved beyond a reasonable doubt; and ``(B) that the aggravating circumstances (including any aggravating factors set out in subsection (e)) substantially outweigh any extenuating or mitigating circumstances or, in the absence of any extenuating or mitigating circumstances, that the aggravating circumstances are themselves sufficient to justify a sentence of death. ``(3) The members of the court-martial shall vote on a sentence under section 852 of this title (article 52). ``(h) If a sentence of death is adjudged, the president of the court-martial shall announce which aggravating factors under subsection (e) were unanimously found by the members. ``(i) Subsections (c) through (h) do not apply with respect to the sentence for an offense under section 106 of this title (article 106).''. (B) The table of sections at the beginning of subchapter VII of such chapter is amended by inserting after the item relating to section 852 (article 52) the following new item: ``852a. Art. 52a. Procedures for adjudging capital punishment.''. (2) Section 852(b)(1) of such title (article 52(b)(1)) is amended by inserting ``as provided in section 852a of this title (article 52a)'' after ``taken''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the 90th day after the date of the enactment of this Act and shall apply to charges first preferred on or after that date.

Amends the Uniform Code of Military Justice (UCMJ) to establish procedures under which a court-martial may prescribe the death sentence. Requires that: (1) the sentence of death be concurred in unanimously. (2) the offense must be one expressly made punishable by death. And (3) the trial counsel must notify the accused of the intent to prove the existence of an aggravating factor, which is required before a sentence of death may be pronounced. Lists aggravating factors, including committing an offense in the presence of the enemy, presenting a grave risk to national security, and attempting to avoid hazardous duty. Requires the military judge, in the presence of the accused and counsel, to instruct the members of the court-martial on the aggravating factors, all applicable requirements and procedures, and the requirement to consider all evidence in extenuation and mitigation before adjudging a sentence of death. Prohibits a death sentence from being adjudged unless each member of the court-martial concurs that: (1) at least one aggravating factor has been proven beyond a reasonable doubt. And (2) the aggravating circumstances substantially outweigh any extenuating or mitigating circumstances or are themselves sufficient to justify a sentence of death. Requires that any aggravating factors found be announced by the military judge upon determination of the death sentence.

To amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to establish procedures for the adjudication by courts-martial of sentences of capital punishment.

<SECTION-HEADER> PROCEDURES FOR ADJUDICATION OF CAPITAL PUNISHMENT BY COURTS- MARTIAL. New UCMJ Article. (1)(A) Chapter 47 of title 10, United States Code , is amended by inserting after section 852 the following new section (article): "Section 852a. Art. 52a. Procedures for adjudging capital punishment No person may be sentenced by a court-martial to suffer death except as provided in this section (article). No person may be sentenced by a court-martial to suffer death unless convicted by the concurrence of all the members of the court- martial present at the time the vote is taken of an offense in this chapter expressly made punishable by death. If the trial counsel at a court-martial of an offense under this chapter expressly made punishable by death intends to prove at the trial any aggravating factor set out in subsection (e), the trial counsel shall provide the accused before arraignment with written notice of each such aggravating factor the trial counsel intends to prove. However, failure to provide such notice of an aggravating factor set out in subsection (e) before arraignment shall not bar later notice and proof of that aggravating factor unless the accused demonstrates that the failure resulted in specific prejudice to the accused. And that a continuance or recess is not an adequate remedy for such failure. (1) A person may not be sentenced to death by a court-martial unless the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (e). Notice of that aggravating factor was provided in accordance with subsection (c). And each member of the court-martial concurs in finding that any extenuating or mitigating circumstances are substantially outweighed by aggravating circumstances, including the aggravating factors set out in subsection (e). Findings by the members of a court-martial under paragraph may be based on evidence introduced on the issue of guilt or innocence, evidence introduced during the sentencing proceeding. Or all such evidence. The accused shall be given broad latitude to present matters in extenuation and mitigation. (1) A sentence of death may be adjudged by a court-martial only if the members of the court-martial unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors: That the offense was committed before or in the presence of the enemy (except that this subparagraph does not apply in the case of an offense under section 918 or 920 of this title . That, in committing the offense, the accused intended to cause a grave risk of substantial damage to the national security. Or to cause a grave risk of substantial damage to a mission, system, or function of the United States, but only if substantial damage to the national security of the United States would have resulted had the intended damage been effected. That the offense caused substantial damage to the national security of the United States, whether or not the accused intended such damage (except that this subparagraph does not apply in the case of an offense under section 918 or 920 of this title . That the accused knowingly created a grave risk of death to one or more persons in addition to the victim of the offense (except that this factor does not apply in the case of an offense under section 920 of this title . That the accused committed the offense with the intent to avoid hazardous duty. That, only in the case of an offense under section 918 or 920 of this title , the offense was committed in time of war and in territory in which the United States or an ally of the United States was then an occupying power. Or the armed forces of the United States were then engaged in active hostilities. That, only in the case of an offense under section 918(l) of this title (article 118(l)), any of the following is applicable: The accused was serving a sentence of confinement for 30 years or more or for life at the time of the offense. The offense was committed while the accused was engaged in the commission or attempted commission of robbery, rape, aggravated arson, sodomy, burglary, kidnapping, mutiny, sedition, or piracy of an aircraft or vessel. Or was engaged in flight or attempted flight after the commission or attempted commission of any such offense. The offense was committed for the purpose of receiving money or a thing of value. The accused procured another by means of compulsion, coercion, or a promise of an advantage, a service, or a thing of value to commit the offense. The offense was committed with the intent to avoid or to prevent lawful apprehension or effect an escape from custody or confinement. The victim of the offense was the President, the President-elect, the Vice President , the Vice President-elect, or an individual who is acting as President under the Constitution and laws of the United States, a Member of Congress or Member-of-Congress elect, a justice or judge of the United States. A chief of state or head of government of a foreign nation. Or a foreign official (as such term is defined in section 1116(b)(3), if the official was in the United States or on military property of the United States on official business at the time of the offense. The accused at the time of the offense knew that the victim was any of the following in the execution of such person's office: A commissioned, warrant, noncommissioned, or petty officer of the armed forces. A member of a law enforcement or security activity or agency, including correctional custody personnel. A firefighter. The offense was committed with intent to obstruct justice. The offense was preceded by the intentional infliction of substantial physical harm or prolonged, substantial mental or physical pain and suffering to the victim. The accused has been found guilty in the same case of another offense under section 918 of this title . That, only in the case of an offense under section 918(4) of this title (article 118(4)), the accused was the actual perpetrator of the killing. That, only in the case of an offense under section 920 of this title the victim was under the age of 12. Or the accused maimed or attempted to kill the victim. That, only in the case of an offense under the law of war, a sentence of death is authorized under the law of war for the offense. That, only in the case of an offense under section 904 or 906a the accused has previously been convicted of this title , of another offense involving espionage or treason for which either a sentence of death or a sentence of life imprisonment was authorized by statute. That the offense involved such other factors as may be prescribed by the President by regulation, to the extent that such factors concern the national security or otherwise involve a function of the armed forces related to the conduct of hostilities. In this subsection, `national security' means the national defense and foreign relations of the United States and specifically includes a military or defense advantage over any foreign nation or group of nations, a favorable foreign relations position. Or a defense posture capable of successfully resisting hostile or destructive action from within or without. The military judge, in the presence of the accused and counsel, shall instruct the members of the court-martial on such aggravating factors set forth in subsection (e) as may be in issue in the case, the requirements and procedures under this section. And the requirement to consider all evidence in extenuation and mitigation before they may adjudge a sentence of death. (1) In closed session, before voting on a sentence the members of the court-martial shall vote by secret written ballot separately on each aggravating factor set out in subsection (e) on which they have been instructed. And if one or more of the aggravating factors set forth in subsection (e) is found to exist, the members shall then vote by secret written ballot on whether the aggravating circumstances (including any aggravating factors set out in subsection (e)) substantially outweigh any extenuating or mitigating circumstances or, in the absence of any extenuating or mitigating circumstances, whether the aggravating circumstances are themselves sufficient to justify a sentence of death. A sentence of death may not be adjudged unless each member of the court-martial concurs that, with respect to at least one aggravating factor, the existence of such factor has been proved beyond a reasonable doubt. And that the aggravating circumstances (including any aggravating factors set out in subsection (e)) substantially outweigh any extenuating or mitigating circumstances or, in the absence of any extenuating or mitigating circumstances, that the aggravating circumstances are themselves sufficient to justify a sentence of death. The members of the court-martial shall vote on a sentence under section 852 of this title . If a sentence of death is adjudged, the president of the court-martial shall announce which aggravating factors under subsection were unanimously found by the members. Subsections (c) through (h) do not apply with respect to the sentence for an offense under section 106 of this title .". The table of sections at the beginning of subchapter VII of such chapter is amended by inserting after the item relating to section 852 the following new item: "852a. Art. 52a. Procedures for adjudging capital punishment.". Section 852(b)(1) of such title (article 52(b)(1)) is amended by inserting "as provided in section 852a of this title " after "taken". Effective Date. The amendments made by subsection (a) shall take effect on the 90th day after the date of the enactment of this Act and shall apply to charges first preferred on or after that date.

Amends the Uniform Code of Military Justice (UCMJ) to establish procedures under which a court-martial may prescribe the death sentence. Requires that: (1) the sentence of death be concurred in unanimously. (2) the offense must be one expressly made punishable by death. And (3) the trial counsel must notify the accused of the intent to prove the existence of an aggravating factor, which is required before a sentence of death may be pronounced. Lists aggravating factors, including committing an offense in the presence of the enemy, presenting a grave risk to national security, and attempting to avoid hazardous duty. Requires the military judge, in the presence of the accused and counsel, to instruct the members of the court-martial on the aggravating factors, all applicable requirements and procedures, and the requirement to consider all evidence in extenuation and mitigation before adjudging a sentence of death. Prohibits a death sentence from being adjudged unless each member of the court-martial concurs that: (1) at least one aggravating factor has been proven beyond a reasonable doubt. And (2) the aggravating circumstances substantially outweigh any extenuating or mitigating circumstances or are themselves sufficient to justify a sentence of death. Requires that any aggravating factors found be announced by the military judge upon determination of the death sentence.

To amend chapter 47 of title 10, United States Code , to establish procedures for the adjudication by courts-martial of sentences of capital punishment.

113_s973

SECTION 1. SHORT TITLE. This Act may be cited as the ``Horseracing Integrity and Safety Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Interstate off-track wager; horsemen's group; host racing association; off-track betting system.--The terms ``interstate off-track wager'', ``horsemen's group'', ``host racing association'', and ``off-track betting system'' have the meanings given those terms in section 3 of the Interstate Horseracing Act of 1978 (15 U.S.C. 3002). (2) Veterinarian-client-patient relationship.--The term ``veterinarian-client-patient relationship'' has the meaning of that term as used in the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association (as in effect on the date of the enactment of this Act). SEC. 3. INDEPENDENT ANTI-DOPING ORGANIZATION FOR INTERSTATE HORSERACING. (a) In General.--There shall be an independent anti-doping organization with responsibility for ensuring the integrity and safety of horseraces that are the subject of interstate off-track wagers. (b) Duties.--The duties of the independent anti-doping organization referred to in subsection (a) with respect to horseraces described in that subsection are the following: (1) Developing, publishing, and maintaining rules with respect to-- (A) substances, methods, and treatments that may not be administered to a horse participating in such a horserace; (B) substances, methods, and treatments that may be administered to a horse participating in such a horserace in the context of a veterinarian-client- patient relationship; and (C) the use of substances, methods, and treatments permitted under subparagraph (B), including rules with respect to the period before a horserace (which may not be less than 24 hours before a horserace) during which a horse may no longer receive such substances, methods, and treatments. (2) Implementing programs relating to anti-doping education, research, testing, and adjudication to prevent any horse participating in a horserace described in subsection (a) from racing under the effect of any substance, method, or treatment that could affect the performance of the horse (other than a substance, method, or treatment described in subparagraph (B) of paragraph (1) administered during a time period that is permitted under subparagraph (C) of that paragraph). (3) Excluding from participating in any horserace described in subsection (a) any person that the independent anti-doping organization or a State racing commission determines-- (A) has violated a rule with respect to a substance, method, or treatment that may not be administered to a horse participating in such a horserace under subparagraph (A) of paragraph (1); (B) has violated 3 or more times a rule with respect to a substance, method, or treatment permitted under subparagraphs (B) and (C) of that paragraph that has the ability to affect the performance of a horse; or (C) is subject to a suspension from horseracing activities by any State racing commission. (c) Deadline.--The independent anti-doping organization referred to in subsection (a) shall publish the rules required by subsection (b) not later than one year after the date of the enactment of this Act. (d) Suspension of Exclusion Period.--The independent anti-doping organization referred to in subsection (a) may-- (1) suspend a period of exclusion from participating in a horserace imposed on a person pursuant to subsection (b)(3) if the person provides substantial assistance to the organization or other persons that results in the discovery of-- (A) a violation of a rule published under subsection (b) by another person; or (B) a violation of Federal or State law by another person; and (2) may reinstate all or part of a period of exclusion imposed on a person and suspended under paragraph (1) if the person fails to provide substantial assistance described in that paragraph. (e) Consultations.--In developing, publishing, and maintaining rules under subsection (b)(1), the independent anti-doping organization referred to in subsection (a) may consult with State racing commissions, host racing associations, horsemen's groups, and other interested persons. (f) Transition Rule With Respect to Furosemide.--During the 2-year period beginning on the date of the enactment of this Act, the independent anti-doping organization referred to in subsection (a) shall permit the use of furosemide in a horse participating in a horserace described in subsection (a) if-- (1) the horse is 3 years old or older; and (2) the use of furosemide-- (A) complies with the requirements of the document entitled ``ARCI-011-020 Medications and Prohibited Substances'' published by the Association of Racing Commissioners International, Inc.; and (B) is within the context of a veterinarian-client- patient relationship. (g) Designation of Organization.--The independent anti-doping organization designated pursuant to section 701 of the Office of National Drug Control Policy Reauthorization Act of 2006 (21 U.S.C. 2001) shall serve as the independent anti-doping organization referred to in subsection (a). SEC. 4. CONSENT REQUIRED FOR ACCEPTANCE OF INTERSTATE OFF-TRACK WAGERS. (a) In General.--On and after the date of the enactment of this Act, a host racing association may conduct a horserace that is the subject of an interstate off-track wager, and an interstate off-track wager may be accepted by an off-track betting system, only if consent is obtained from the independent anti-doping organization referred to in section 3(a). (b) Requirement for Agreement.-- (1) In general.--A host racing association shall obtain the consent required by subsection (a) of the independent anti- doping organization referred to in section 3(a) pursuant to an agreement entered into between the association and the organization that specifies the terms and conditions relating to such consent, including-- (A) compliance with the rules published under section 3(b); and (B) payments to the organization to defray the costs of carrying out the duties of the organization under this Act. (2) Defrayal of costs.--The independent anti-doping organization referred to in section 3(a) shall ensure that all of the costs incurred by the organization in carrying out the duties of the organization under this Act are defrayed pursuant to agreements entered into under paragraph (1).

Horseracing Integrity and Safety Act of 2013 - Requires: (1) there to be an independent anti-doping organization with responsibility for ensuring the integrity and safety of horse races that are the subject of interstate off-track wagers, and (2) the independent anti-doping organization designated pursuant to the Office of National Drug Control Policy Reauthorization Act of 2006 to serve as such organization. Sets forth as the duties of such organization: (1) developing, publishing, and maintaining rules regarding substances, methods, and treatments that may and may not be administered to a horse participating in such a race. (2) implementing programing relating to anti-doping education, research, testing, and adjudication to prevent any horse participating in such a race from racing under the effect of any prohibited substance, method, or treatment. And (3) excluding from participation in any such race any person who is determined to have violated such a rule or who is subject to a suspension from horse racing activities by any state racing commission. Prescribes conditions under which such organization may: (1) suspend the period a person is excluded from participation. And (2) permit the use of furosemide by a horse participating in such a race during the two-year period following enactment of this Act. Permits a host racing association to conduct a horse race that is the subject of an interstate off-track wager, and permits an interstate off-track wager to be accepted by an off-track betting system, only if consent is obtained from such organization. Requires such organization to ensure that all costs incurred in carrying its duties are defrayed pursuant to agreements for such consent.

Horseracing Integrity and Safety Act of 2013

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Horseracing Integrity and Safety Act of 2013". <SECTION-HEADER> DEFINITIONS. In this Act: Interstate off-track wager, horsemen's group, host racing association. Off-track betting system. The terms "interstate off-track wager", "horsemen's group", "host racing association", and "off-track betting system" have the meanings given those terms in section 3 of the Interstate Horseracing Act of 1978 . Veterinarian-client-patient relationship. The term "veterinarian-client-patient relationship" has the meaning of that term as used in the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association . <SECTION-HEADER> INDEPENDENT ANTI-DOPING ORGANIZATION FOR INTERSTATE HORSERACING. In General. There shall be an independent anti-doping organization with responsibility for ensuring the integrity and safety of horseraces that are the subject of interstate off-track wagers. Duties. The duties of the independent anti-doping organization referred to in subsection (a) with respect to horseraces described in that subsection are the following: Developing, publishing, and maintaining rules with respect to substances, methods, and treatments that may not be administered to a horse participating in such a horserace. Substances, methods, and treatments that may be administered to a horse participating in such a horserace in the context of a veterinarian-client- patient relationship. And the use of substances, methods, and treatments permitted under subparagraph (B), including rules with respect to the period before a horserace during which a horse may no longer receive such substances, methods, and treatments. Implementing programs relating to anti-doping education, research, testing, and adjudication to prevent any horse participating in a horserace described in subsection (a) from racing under the effect of any substance, method, or treatment that could affect the performance of the horse (other than a substance, method, or treatment described in subparagraph (B) of paragraph (1) administered during a time period that is permitted under subparagraph . Excluding from participating in any horserace described in subsection (a) any person that the independent anti-doping organization or a State racing commission determines has violated a rule with respect to a substance, method, or treatment that may not be administered to a horse participating in such a horserace under subparagraph (A) of paragraph (1). Has violated 3 or more times a rule with respect to a substance, method, or treatment permitted under subparagraphs (B) and (C) of that paragraph that has the ability to affect the performance of a horse. Or is subject to a suspension from horseracing activities by any State racing commission. Deadline. The independent anti-doping organization referred to in subsection (a) shall publish the rules required by subsection (b) not later than one year after the date of the enactment of this Act. Suspension of Exclusion Period. The independent anti-doping organization referred to in subsection (a) may suspend a period of exclusion from participating in a horserace imposed on a person pursuant to subsection (b)(3) if the person provides substantial assistance to the organization or other persons that results in the discovery of a violation of a rule published under subsection (b) by another person. Or a violation of Federal or State law by another person. And may reinstate all or part of a period of exclusion imposed on a person and suspended under paragraph (1) if the person fails to provide substantial assistance described in that paragraph. Consultations. In developing, publishing, and maintaining rules under subsection (b)(1), the independent anti-doping organization referred to in subsection (a) may consult with State racing commissions, host racing associations, horsemen's groups, and other interested persons. Transition Rule With Respect to Furosemide. During the 2-year period beginning on the date of the enactment of this Act, the independent anti-doping organization referred to in subsection (a) shall permit the use of furosemide in a horse participating in a horserace described in subsection (a) if the horse is 3 years old or older. And the use of furosemide complies with the requirements of the document entitled "ARCI-011-020 Medications and Prohibited Substances" published by the Association of Racing Commissioners International, Inc.. And is within the context of a veterinarian-client- patient relationship. Designation of Organization. The independent anti-doping organization designated pursuant to section 701 of the Office of National Drug Control Policy Reauthorization Act of 2006 shall serve as the independent anti-doping organization referred to in subsection (a). <SECTION-HEADER> CONSENT REQUIRED FOR ACCEPTANCE OF INTERSTATE OFF-TRACK WAGERS. In General. On and after the date of the enactment of this Act, a host racing association may conduct a horserace that is the subject of an interstate off-track wager, and an interstate off-track wager may be accepted by an off-track betting system, only if consent is obtained from the independent anti-doping organization referred to in section 3(a). Requirement for Agreement. In general. A host racing association shall obtain the consent required by subsection (a) of the independent anti- doping organization referred to in section 3(a) pursuant to an agreement entered into between the association and the organization that specifies the terms and conditions relating to such consent, including compliance with the rules published under section 3(b). And payments to the organization to defray the costs of carrying out the duties of the organization under this Act. Defrayal of costs. The independent anti-doping organization referred to in section 3(a) shall ensure that all of the costs incurred by the organization in carrying out the duties of the organization under this Act are defrayed pursuant to agreements entered into under paragraph (1).

Horseracing Integrity and Safety Act of 2013 - Requires: (1) there to be an independent anti-doping organization with responsibility for ensuring the integrity and safety of horse races that are the subject of interstate off-track wagers, and (2) the independent anti-doping organization designated pursuant to the Office of National Drug Control Policy Reauthorization Act of 2006 to serve as such organization. Sets forth as the duties of such organization: (1) developing, publishing, and maintaining rules regarding substances, methods, and treatments that may and may not be administered to a horse participating in such a race. (2) implementing programing relating to anti-doping education, research, testing, and adjudication to prevent any horse participating in such a race from racing under the effect of any prohibited substance, method, or treatment. And (3) excluding from participation in any such race any person who is determined to have violated such a rule or who is subject to a suspension from horse racing activities by any state racing commission. Prescribes conditions under which such organization may: (1) suspend the period a person is excluded from participation. And (2) permit the use of furosemide by a horse participating in such a race during the two-year period following enactment of this Act. Permits a host racing association to conduct a horse race that is the subject of an interstate off-track wager, and permits an interstate off-track wager to be accepted by an off-track betting system, only if consent is obtained from such organization. Requires such organization to ensure that all costs incurred in carrying its duties are defrayed pursuant to agreements for such consent.

Horseracing Integrity and Safety Act of 2013

105_hr4842

SECTION 1. RELEASE OF REVERSIONARY INTERESTS, BLACKWATER RIVER AND WITHLACOOCHEE STATE FORESTS, FLORIDA. (a) Release.--The Secretary of Agriculture shall release the reversionary interests of the United States that were retained by the United States when the following parcels of real property were conveyed to the State of Florida: (1) The parcel of real property described in a deed dated November 4, 1955, conveying certain lands in Santa Rosa County to the State of Florida. (2) The parcel of real property described in a deed dated April 11, 1957, conveying certain lands in Santa Rosa County to the State of Florida. (3) The parcel of real property described in a deed dated November 4, 1955, conveying certain lands in Okaloosa County to the State of Florida. (4) The parcel of real property described in a deed dated November 26, 1982, conveying certain lands in Citrus, Hernando, Pasco, and Sumter Counties to the State of Florida. The reversionary interest to be released under this section requires that the conveyed lands be used for public purposes and provides for a reversion of such lands to the United States if at any time they cease to be used for public purposes. (b) Legal Description.--The four deeds referred to in subsection (a) are recorded as follows: (1) Deed Book 122, Pages 397-437, Santa Rosa County, Florida. (2) Deed Book 133, Pages 333-337, Santa Rosa County, Florida. (3) Deed Book 121, Pages 511-528, Okaloosa County, Florida. (4) Official Record Book 610, Pages 1228-1237, Citrus County, Florida. (5) Official Record Book 517, Pages 491-500, Hernando County, Florida. (6) Official Record Book 269, Pages 126-135, Sumter County, Florida. (7) Official Record Book 1240, Pages 1065-1074, Pasco County, Florida. (c) Consideration.--As consideration for the release of the reversionary interests under subsection (a), the State of Florida shall agree to the following: (1) All proceeds from the sale, exchange, or other disposition of the real property subject to the reversionary interests shall be used by the State of Florida for the acquisition of other lands within or adjacent to the exterior boundaries of Blackwater River State Forest and Withlacoochee State Forest, or, with the approval of the Secretary of Agriculture, for the purchase of the individual mineral interest of the United States under section 2. (2) Any lands acquired by the sale, exchange, or other disposition of the real property subject to the reversionary interests shall become a part of the State forest in which the acquired lands are located and shall be subject to the condition that the acquired lands be used for public purposes. (3) The total land base of such State forests shall not be reduced below the original acreage of the real property included in the conveyances described in subsection (a), except in the case of any lands conveyed at the request of the United States, and the total land base shall be managed in perpetuity as State forest land. (4) All proceeds from the sale, exchange, or other disposition of the real property subject to the reversionary interests shall be maintained by the State of Florida in a separate fund. The record of all transactions involving such fund shall be open to inspection by the Secretary of Agriculture. (d) Disposition of Funds.--Any proceeds derived from the sale of these mineral interests shall be deposited into the fund established by the Act of December 4, 1967 (16 U.S.C. 484a), known as the Sisk Act, and shall be available for expenditure, upon appropriation, for the acquisitions of lands and interests in lands in the same State. (e) Additional Terms.--The Secretary of Agriculture may require such additional terms or conditions in connection with the release of the reversionary interests under this section as the Secretary considers appropriate to protect the interests of the United States. (f) Instrument of Release.--The Secretary of Agriculture shall execute and file in the appropriate office or offices a deed of release, amended deed, or other appropriate instrument effectuating the release of the reversionary interests under this section. SEC. 2. SALE OF MINERAL RIGHTS. (a) Sale Authorized.--Upon application by the State of Florida, the Secretary of Agriculture may convey to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, or to its designee, all of the individual mineral interests of the United States in any parcel of real property for which a reversionary interest is released under section 1. (b) Consideration.--As consideration for the sale of the mineral interests of the United States under subsection (a), the State of Florida shall pay to the United States an amount equal to the fair market value of such interests, as determined by appraisal acceptable to the Secretary of Agriculture.

Directs the Secretary of Agriculture to release US reversionary interests in four deeds that conveyed certain lands within the Blackwater River and Withlacoochee State Forests in Florida. Requires lands conveyed under the deeds to be used for public purposes. Authorizes the Secretary to convey to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida all of the US mineral interests in any real property for which a reversionary interest is released. Provides for any proceeds derived from the sale of these mineral interests to be deposited into the fund established by the Sisk Act and to be available for expenditure, upon appropriation, for the acquisitions of lands and interests in lands in the same State.

To release the reversionary interests retained by the United States in four deeds that conveyed certain lands to the State of Florida so as to permit the State to sell, exchange, or otherwise dispose of the lands, and to provide for the conveyance of certain mineral interests of the United States in the lands to the State of Florida.

<SECTION-HEADER> RELEASE OF REVERSIONARY INTERESTS, BLACKWATER RIVER AND WITHLACOOCHEE STATE FORESTS, FLORIDA. Release. The Secretary of Agriculture shall release the reversionary interests of the United States that were retained by the United States when the following parcels of real property were conveyed to the State of Florida: The parcel of real property described in a deed dated November 4, 1955, conveying certain lands in Santa Rosa County to the State of Florida. The parcel of real property described in a deed dated April 11, 1957, conveying certain lands in Santa Rosa County to the State of Florida. The parcel of real property described in a deed dated November 4, 1955, conveying certain lands in Okaloosa County to the State of Florida. The parcel of real property described in a deed dated November 26, 1982, conveying certain lands in Citrus, Hernando, Pasco, and Sumter Counties to the State of Florida. The reversionary interest to be released under this section requires that the conveyed lands be used for public purposes and provides for a reversion of such lands to the United States if at any time they cease to be used for public purposes. Legal Description. The four deeds referred to in subsection are recorded as follows: Deed Book 122, Pages 397-437, Santa Rosa County, Florida. Deed Book 133, Pages 333-337, Santa Rosa County, Florida. Deed Book 121, Pages 511-528, Okaloosa County, Florida. Official Record Book 610, Pages 1228-1237, Citrus County, Florida. Official Record Book 517, Pages 491-500, Hernando County, Florida. Official Record Book 269, Pages 126-135, Sumter County, Florida. Official Record Book 1240, Pages 1065-1074, Pasco County, Florida. Consideration. As consideration for the release of the reversionary interests under subsection (a), the State of Florida shall agree to the following: All proceeds from the sale, exchange, or other disposition of the real property subject to the reversionary interests shall be used by the State of Florida for the acquisition of other lands within or adjacent to the exterior boundaries of Blackwater River State Forest and Withlacoochee State Forest, or, with the approval of the Secretary of Agriculture, for the purchase of the individual mineral interest of the United States under section 2. Any lands acquired by the sale, exchange, or other disposition of the real property subject to the reversionary interests shall become a part of the State forest in which the acquired lands are located and shall be subject to the condition that the acquired lands be used for public purposes. The total land base of such State forests shall not be reduced below the original acreage of the real property included in the conveyances described in subsection (a), except in the case of any lands conveyed at the request of the United States, and the total land base shall be managed in perpetuity as State forest land. All proceeds from the sale, exchange, or other disposition of the real property subject to the reversionary interests shall be maintained by the State of Florida in a separate fund. The record of all transactions involving such fund shall be open to inspection by the Secretary of Agriculture. Disposition of Funds. Any proceeds derived from the sale of these mineral interests shall be deposited into the fund established by the Act of December 4, 1967 , known as the Sisk Act, and shall be available for expenditure, upon appropriation, for the acquisitions of lands and interests in lands in the same State. Additional Terms. The Secretary of Agriculture may require such additional terms or conditions in connection with the release of the reversionary interests under this section as the Secretary considers appropriate to protect the interests of the United States. Instrument of Release. The Secretary of Agriculture shall execute and file in the appropriate office or offices a deed of release, amended deed, or other appropriate instrument effectuating the release of the reversionary interests under this section. <SECTION-HEADER> SALE OF MINERAL RIGHTS. Sale Authorized. Upon application by the State of Florida, the Secretary of Agriculture may convey to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, or to its designee, all of the individual mineral interests of the United States in any parcel of real property for which a reversionary interest is released under section 1. Consideration. As consideration for the sale of the mineral interests of the United States under subsection (a), the State of Florida shall pay to the United States an amount equal to the fair market value of such interests, as determined by appraisal acceptable to the Secretary of Agriculture.

Directs the Secretary of Agriculture to release US reversionary interests in four deeds that conveyed certain lands within the Blackwater River and Withlacoochee State Forests in Florida. Requires lands conveyed under the deeds to be used for public purposes. Authorizes the Secretary to convey to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida all of the US mineral interests in any real property for which a reversionary interest is released. Provides for any proceeds derived from the sale of these mineral interests to be deposited into the fund established by the Sisk Act and to be available for expenditure, upon appropriation, for the acquisitions of lands and interests in lands in the same State.

To release the reversionary interests retained by the United States in four deeds that conveyed certain lands to the State of Florida so as to permit the State to sell, exchange, or otherwise dispose of the lands, and to provide for the conveyance of certain mineral interests of the United States in the lands to the State of Florida.

106_hr4488

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Women Vietnam Veterans' Children's Birth Defects Benefits Act.'' (b) References to Title 38, United States Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 2. BENEFITS FOR CHILDREN OF WOMEN VIETNAM VETERANS WHO SUFFER FROM BIRTH DEFECTS. Chapter 18 is amended-- (1) by inserting before section 1801 the following: ``SUBCHAPTER I--BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN WITH SPINA BIFIDA''; (2) by inserting after section 1805 the following new subchapters: ``SUBCHAPTER II--BENEFITS FOR CHILDREN OF WOMEN VIETNAM VETERANS WHO SUFFER FROM BIRTH DEFECTS ``Sec. 1811. Definitions ``For the purposes of this subchapter-- ``(1) The term `child' means a natural child of a woman Vietnam veteran, regardless of the child's age or marital status, who was conceived after the date on which the woman Vietnam veteran first entered the Republic of Vietnam during the Vietnam era. ``(2) The term `woman Vietnam veteran' means a woman who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era, without regard to the characterization of the individual's service. ``Sec. 1812. Covered birth defects ``(a) This subchapter applies with respect to any birth defect, other than spina bifida, which results in a permanent physical or mental disability, except for a birth defect determined by the Secretary to result from a familial disorder, birth-related injury, or fetal or neonatal infirmity with well-established causes. A birth defect to which this subchapter applies pursuant to the preceding sentence is referred to in this subchapter as a `covered birth defect'. ``(b) Where affirmative evidence establishes that a particular birth defect suffered by an individual resulted from a cause other than the service of the individual's mother in the Republic of Vietnam during the Vietnam era, the provision of health care or other benefits under this subchapter is not authorized. ``Sec. 1813. Health care ``(a) In accordance with regulations the Secretary shall prescribe, the Secretary shall provide a child of a woman Vietnam veteran who is suffering from a covered birth defect with such health care as the Secretary determines is needed by the child for the birth defect or any disability that is associated with such condition. ``(b) The Secretary may provide health care under this section directly or by contract or other arrangement with any health care provider. ``(c) For the purposes of this section-- ``(1) The term `health care'-- ``(A) means home care, hospital care, nursing home care, outpatient care, preventive care, habilitative and rehabilitative care, case management, and respite care; and ``(B) includes-- ``(i) the training of appropriate members of a child's family or household in the care of the child; and ``(ii) the provision of such pharmaceuticals, supplies, equipment, devices, appliances, assistive technology, direct transportation costs to and from approved sources of health care, and other materials as the Secretary determines necessary. ``(2) The term `health care provider' includes health care plans, insurers, organizations, institutions, and any other entity or individual furnishing health care services that the Secretary determines are authorized under this section. ``(3) The term `home care' means outpatient care, habilitative and rehabilitative care, preventive health services, and health-related services furnished to an individual in the individual's home or other place of residence. ``(4) The term `hospital care' means care and treatment for a disability furnished to an individual who has been admitted to a hospital as a patient. ``(5) The term `nursing home care' means care and treatment for a disability furnished to an individual who has been admitted to a nursing home as a resident. ``(6) The term `outpatient care' means care and treatment of a disability, and preventive health services, furnished to an individual other than hospital care or nursing home care. ``(7) The term `preventive care' means care and treatment furnished to prevent disability or illness, including periodic examinations, immunizations, patient health education, and such other services as the Secretary determines necessary to provide effective and economical preventive health care. ``(8) The term `habilitative and rehabilitative care' means such professional, counseling, and guidance services and treatment programs (other than vocational training under section 1804 or 1814 of this title) as are necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of a disabled person. ``(9) The term `respite care' means care furnished on an intermittent basis for a limited period to an individual who resides primarily in a private residence when such care will help the individual to continue residing in such private residence. ``Sec. 1814. Vocational training and rehabilitation ``(a) Pursuant to such regulations as the Secretary may prescribe, the Secretary may provide vocational training under this section to a child of a woman Vietnam veteran who is suffering from a covered birth defect if the Secretary determines that the achievement of a vocational goal by such child is reasonably feasible. ``(b) A program of vocational training for a child under this section shall be provided to the same extent and in the same manner as a program provided under section 1804 of this title to a child of a Vietnam veteran who is suffering from spina bifida and shall be subject to the same terms, conditions, and limitations set forth in that section. ``Sec. 1815. Monetary allowance ``(a) The Secretary shall pay a monthly allowance under this subchapter to any child of a woman Vietnam veteran who suffers from a disability resulting from a covered birth defect which results in permanent impairment of a physical or mental function in such child. ``(b)(1) The amount of the allowance paid under this section shall be based on the degree of disability suffered by a child, as determined in accordance with such schedule for rating disabilities resulting from covered birth defects as the Secretary may prescribe. ``(2) The Secretary shall, in prescribing the rating schedule for the purposes of this section, establish four levels of disability upon which the amount of the allowance provided by this section shall be based. The levels of disability established shall take into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and employability. ``(3) The amounts of the monthly allowance shall be as follows: ``(A) For the lowest level of disability prescribed, $100. ``(B) For the first intermediate level of disability prescribed, the greater of $214 or the rate payable for the lowest level of disability under section 1805(b)(3) of this title. ``(C) For the second intermediate level of disability prescribed, the greater of $743 or the rate payable for the intermediate level of disability under section 1805(b)(3). ``(D) For the highest level of disability prescribed, the greater of $1,272 or the rate payable for the highest level of disability under section 1805(b)(3) of this title. Such amounts are subject to adjustment under section 5312 of this title. ``SUBCHAPTER III--GENERAL''; (3) by redesignating section 1806 as section 1821; and (4) by adding at the end the following: ``Sec. 1822. Effect of monetary allowance under this chapter on other benefits ``(a) Notwithstanding any other provision of law, receipt by an individual of an allowance under this chapter shall not impair, infringe, or otherwise affect the right of the individual to receive any other benefit to which the individual may otherwise be entitled under any law administered by the Secretary, nor shall receipt of such an allowance impair, infringe, or otherwise affect the right of any other individual to receive any benefit to which that individual is entitled under any law administered by the Secretary that is based on that individual's relationship to an individual who receives an allowance under this chapter. ``(b) Notwithstanding any other provision of law, the allowance paid to an individual under this chapter shall not be considered to be income or resources in determining eligibility for or the amount of benefits under any Federal or federally assisted program. ``Sec. 1823. Nonduplication of benefits ``(a) An individual who is entitled to a monthly allowance under both subchapter I and subchapter II of this chapter may not receive such benefit under each subchapter concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which subchapter to receive such benefit. ``(b) An individual may not be provided more than one program of vocational training under this chapter.''. SEC. 3. CLERICAL AND CONFORMING AMENDMENTS. (a) Chapter Heading.--(1) The heading of chapter 18 is amended to read as follows: ``CHAPTER 18--BENEFITS FOR CERTAIN CHILDREN OF VIETNAM VETERANS''. (2) The item relating to chapter 18 in the tables of chapters before part I and at the beginning of part II is amended to read as follows: ``18. Benefits for Certain Children of Vietnam Veterans..... 1801''. (b) Amendments to Chapter 18.--Chapter 18 is amended-- (1) by striking ``chapter'' in sections 1801 and 1802 and inserting ``subchapter''; (2) by striking ``section 1804'' in section 1803(c)(8) and inserting ``either section 1804 or 1814''; and (3) in section 1805-- (A) by striking ``chapter'' and inserting ``subchapter''; and (B) by striking subsections (c) and (d). (c) Other Amendments.--Section 5312 is amended-- (1) in subsection (a), by striking ``section 1805'' and inserting ``sections 1805 and 1815''; and (2) in subsection (c)(1), by striking ``and 1805'' and inserting ``1805, and 1815''. (d) Table of Sections.--The table of sections at the beginning of chapter 18 is amended-- (1) by inserting at the beginning the following: ``SUBCHAPTER I--BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN WITH SPINA BIFIDA''; (2) by striking the item relating to section 1806; and (3) by adding at the end the following: ``SUBCHAPTER II--BENEFITS FOR CHILDREN OF WOMEN VIETNAM VETERANS WHO SUFFER FROM BIRTH DEFECTS ``1811. Definitions. ``1812. Covered birth defects. ``1813. Health care. ``1814. Vocational training and rehabilitation. ``1815. Monetary allowance. ``SUBCHAPTER III--GENERAL ``1821. Applicability of certain administrative provisions. ``1822. Effect of monetary allowance under this chapter on other benefits. ``1823. Nonduplication of benefits.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect on the later of October 1, 2000, or the first day of the first month beginning after the date of the enactment of this Act.

Directs the Secretary to pay a monthly allowance, based on the degree of disability, to any child of a woman Vietnam veteran who suffers from a disability resulting from a covered birth defect which results in permanent impairment of a physical or mental function. Prohibits such allowance from affecting the right to receive other veterans' benefits or compensation.

Women Vietnam Veterans' Children's Birth Defects Benefits Act

<SECTION-HEADER> SHORT TITLE. REFERENCES TO TITLE 38, UNITED STATES CODE. Short Title. This Act may be cited as the "Women Vietnam Veterans' Children's Birth Defects Benefits Act." References to Title 38, United States Code. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. <SECTION-HEADER> BENEFITS FOR CHILDREN OF WOMEN VIETNAM VETERANS WHO SUFFER FROM BIRTH DEFECTS. Chapter 18 is amended by inserting before section 1801 the following: "SUBCHAPTER I BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN WITH SPINA BIFIDA". By inserting after section 1805 the following new subchapters: "SUBCHAPTER II BENEFITS FOR CHILDREN OF WOMEN VIETNAM VETERANS WHO SUFFER FROM BIRTH DEFECTS "Section 1811. Definitions "For the purposes of this subchapter The term `child' means a natural child of a woman Vietnam veteran, regardless of the child's age or marital status, who was conceived after the date on which the woman Vietnam veteran first entered the Republic of Vietnam during the Vietnam era. The term `woman Vietnam veteran' means a woman who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era, without regard to the characterization of the individual's service. "Section 1812. Covered birth defects This subchapter applies with respect to any birth defect, other than spina bifida, which results in a permanent physical or mental disability, except for a birth defect determined by the Secretary to result from a familial disorder, birth-related injury, or fetal or neonatal infirmity with well-established causes. A birth defect to which this subchapter applies pursuant to the preceding sentence is referred to in this subchapter as a `covered birth defect'. Where affirmative evidence establishes that a particular birth defect suffered by an individual resulted from a cause other than the service of the individual's mother in the Republic of Vietnam during the Vietnam era, the provision of health care or other benefits under this subchapter is not authorized. "Section 1813. Health care In accordance with regulations the Secretary shall prescribe, the Secretary shall provide a child of a woman Vietnam veteran who is suffering from a covered birth defect with such health care as the Secretary determines is needed by the child for the birth defect or any disability that is associated with such condition. The Secretary may provide health care under this section directly or by contract or other arrangement with any health care provider. For the purposes of this section The term `health care' means home care, hospital care, nursing home care, outpatient care, preventive care, habilitative and rehabilitative care, case management, and respite care. And includes the training of appropriate members of a child's family or household in the care of the child. And the provision of such pharmaceuticals, supplies, equipment, devices, appliances, assistive technology, direct transportation costs to and from approved sources of health care, and other materials as the Secretary determines necessary. The term `health care provider' includes health care plans, insurers, organizations, institutions, and any other entity or individual furnishing health care services that the Secretary determines are authorized under this section. The term `home care' means outpatient care, habilitative and rehabilitative care, preventive health services, and health-related services furnished to an individual in the individual's home or other place of residence. The term `hospital care' means care and treatment for a disability furnished to an individual who has been admitted to a hospital as a patient. The term `nursing home care' means care and treatment for a disability furnished to an individual who has been admitted to a nursing home as a resident. The term `outpatient care' means care and treatment of a disability, and preventive health services, furnished to an individual other than hospital care or nursing home care. The term `preventive care' means care and treatment furnished to prevent disability or illness, including periodic examinations, immunizations, patient health education, and such other services as the Secretary determines necessary to provide effective and economical preventive health care. The term `habilitative and rehabilitative care' means such professional, counseling, and guidance services and treatment programs as are necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of a disabled person. The term `respite care' means care furnished on an intermittent basis for a limited period to an individual who resides primarily in a private residence when such care will help the individual to continue residing in such private residence. "Section 1814. Vocational training and rehabilitation Pursuant to such regulations as the Secretary may prescribe, the Secretary may provide vocational training under this section to a child of a woman Vietnam veteran who is suffering from a covered birth defect if the Secretary determines that the achievement of a vocational goal by such child is reasonably feasible. A program of vocational training for a child under this section shall be provided to the same extent and in the same manner as a program provided under section 1804 of this title to a child of a Vietnam veteran who is suffering from spina bifida and shall be subject to the same terms, conditions, and limitations set forth in that section. "Section 1815. Monetary allowance The Secretary shall pay a monthly allowance under this subchapter to any child of a woman Vietnam veteran who suffers from a disability resulting from a covered birth defect which results in permanent impairment of a physical or mental function in such child. (1) The amount of the allowance paid under this section shall be based on the degree of disability suffered by a child, as determined in accordance with such schedule for rating disabilities resulting from covered birth defects as the Secretary may prescribe. The Secretary shall, in prescribing the rating schedule for the purposes of this section, establish four levels of disability upon which the amount of the allowance provided by this section shall be based. The levels of disability established shall take into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and employability. The amounts of the monthly allowance shall be as follows: For the lowest level of disability prescribed, $100. For the first intermediate level of disability prescribed, the greater of $214 or the rate payable for the lowest level of disability under section 1805(b)(3) of this title. For the second intermediate level of disability prescribed, the greater of $743 or the rate payable for the intermediate level of disability under section 1805(b)(3). For the highest level of disability prescribed, the greater of $1,272 or the rate payable for the highest level of disability under section 1805(b)(3) of this title. Such amounts are subject to adjustment under section 5312 of this title. "SUBCHAPTER III GENERAL", by redesignating section 1806 as section 1821. And by adding at the end the following: "Section 1822. Effect of monetary allowance under this chapter on other benefits Notwithstanding any other provision of law, receipt by an individual of an allowance under this chapter shall not impair, infringe, or otherwise affect the right of the individual to receive any other benefit to which the individual may otherwise be entitled under any law administered by the Secretary, nor shall receipt of such an allowance impair, infringe, or otherwise affect the right of any other individual to receive any benefit to which that individual is entitled under any law administered by the Secretary that is based on that individual's relationship to an individual who receives an allowance under this chapter. Notwithstanding any other provision of law, the allowance paid to an individual under this chapter shall not be considered to be income or resources in determining eligibility for or the amount of benefits under any Federal or federally assisted program. "Section 1823. Nonduplication of benefits An individual who is entitled to a monthly allowance under both subchapter I and subchapter II of this chapter may not receive such benefit under each subchapter concurrently, but shall elect under which subchapter to receive such benefit. An individual may not be provided more than one program of vocational training under this chapter.". <SECTION-HEADER> CLERICAL AND CONFORMING AMENDMENTS. Chapter Heading. (1) The heading of chapter 18 is amended to read as follows: "CHAPTER 18 BENEFITS FOR CERTAIN CHILDREN OF VIETNAM VETERANS". The item relating to chapter 18 in the tables of chapters before part I and at the beginning of part II is amended to read as follows: "18. Benefits for Certain Children of Vietnam Veterans... 1801". Amendments to Chapter 18. Chapter 18 is amended by striking "chapter" in sections 1801 and 1802 and inserting "subchapter". By striking "section 1804" in section 1803(c)(8) and inserting "either section 1804 or 1814", and in section 1805 by striking "chapter" and inserting "subchapter". And by striking subsections (c) and (d). Other Amendments. Section 5312 is amended in subsection (a), by striking "section 1805" and inserting "sections 1805 and 1815". And in subsection (c)(1), by striking "and 1805" and inserting "1805, and 1815". Table of Sections. The table of sections at the beginning of chapter 18 is amended by inserting at the beginning the following: "SUBCHAPTER I BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN WITH SPINA BIFIDA", by striking the item relating to section 1806. And by adding at the end the following: "SUBCHAPTER II BENEFITS FOR CHILDREN OF WOMEN VIETNAM VETERANS WHO SUFFER FROM BIRTH DEFECTS "1811. Definitions. "1812. Covered birth defects. "1813. Health care. "1814. Vocational training and rehabilitation. "1815. Monetary allowance. "SUBCHAPTER III GENERAL "1821. Applicability of certain administrative provisions. "1822. Effect of monetary allowance under this chapter on other benefits. "1823. Nonduplication of benefits.". <SECTION-HEADER> EFFECTIVE DATE. The amendments made by this Act shall take effect on the later of October 1, 2000, or the first day of the first month beginning after the date of the enactment of this Act.

Directs the Secretary to pay a monthly allowance, based on the degree of disability, to any child of a woman Vietnam veteran who suffers from a disability resulting from a covered birth defect which results in permanent impairment of a physical or mental function. Prohibits such allowance from affecting the right to receive other veterans' benefits or compensation.

Women Vietnam Veterans' Children's Birth Defects Benefits Act

106_s2160

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Infertility Treatment and Hope Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) infertility affects 6,100,000 men and women; (2) infertility is a disease which affects men and women with equal frequency; (3) approximately 1 in 10 couples cannot conceive without medical assistance; (4) recent medical breakthroughs make infertility a treatable disease; and (5) only 25 percent of all health plan sponsors provide coverage for infertility services. SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following: ``SEC. 714. REQUIRED COVERAGE FOR INFERTILITY BENEFITS. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall ensure that coverage is provided for infertility benefits. ``(b) Infertility Benefits.--In subsection (a), the term `infertility benefits' at a minimum includes-- ``(1) diagnostic testing and treatment of infertility; ``(2) drug therapy, artificial insemination, and low tubal ovum transfers; ``(3) in vitro fertilization, intra-cytoplasmic sperm injection, gamete donation, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube transfer, zygote intra-fallopian tube transfer; and ``(4) any other medically indicated nonexperimental services or procedures that are used to treat infertility or induce pregnancy. ``(c) In Vitro Fertilization.-- ``(1) Limitation.-- ``(A) In general.--Subject to subparagraph (B), coverage of procedures under subsection (b)(3) may be limited to 4 completed embryo transfers. ``(B) Additional transfers.--If a live birth follows a completed embryo transfer under a procedure described in subparagraph (A), not less than 2 additional completed embryo transfers shall be provided. ``(2) Requirement.--Coverage of procedures under subsection (b)(3) shall be provided if-- ``(A) the individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments; and ``(B) the procedures are performed at medical facilities that conform with the minimal guidelines and standards for assisted reproductive technology of the American College of Obstetric and Gynecology or the American Society for Reproductive Medicine. ``(d) Prohibitions.--A group health plan, and a health insurance issuer providing 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 because of the individual's or enrollee's use or potential use of items or services that are covered in accordance with the requirements of this section; ``(2) provide monetary payments or rebates to a covered individual to encourage such individual to accept less than the minimum protections available under this section; or ``(3) provide incentives (monetary or otherwise) to a health care professional to induce such professional to withhold from a covered individual services described in subsection (a). ``(e) Rules of Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as preventing a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan from imposing deductibles, coinsurance, or other cost- sharing or limitations in relation to benefits for services described in this section under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such service may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any similar service otherwise covered under the plan; ``(B) as requiring a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan to cover experimental or investigational treatments of services described in this section, except to the extent that the plan or issuer provides coverage for other experimental or investigational treatments or services. ``(2) Limitations.--As used in paragraph (1), the term `limitation' includes restricting the type of health care professionals that may provide such treatments or services. ``(f) 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)(1), for purposes of assuring notice of such requirements under the plan, except that the summary description required to be provided under the last 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.''. (b) Clerical Amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 note) is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Required coverage for infertility benefits for federal employees health benefits plans.''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2001. SEC. 4. PUBLIC HEALTH SERVICE ACT. (a) In General.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following: ``SEC. 2707. REQUIRED COVERAGE FOR INFERTILITY BENEFITS. ``(a) In General.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall ensure that coverage is provided for infertility benefits. ``(b) Infertility Benefits.--In subsection (a), the term `infertility benefits' at a minimum includes-- ``(1) diagnostic testing and treatment of infertility; ``(2) drug therapy, artificial insemination, and low tubal ovum transfers; ``(3) in vitro fertilization, intra-cytoplasmic sperm injection, gamete donation, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube transfer, zygote intra-fallopian tube transfer; and ``(4) any other medically indicated nonexperimental services or procedures that are used to treat infertility or induce pregnancy. ``(c) In Vitro Fertilization.-- ``(1) Limitation.-- ``(A) In general.--Subject to subparagraph (B), coverage of procedures under subsection (b)(3) may be limited to 4 completed embryo transfers. ``(B) Additional transfers.--If a live birth follows a completed embryo transfer under a procedure described in subparagraph (A), not less than 2 additional completed embryo transfers shall be provided. ``(2) Requirement.--Coverage of procedures under subsection (b)(3) shall be provided if-- ``(A) the individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments; and ``(B) the procedures are performed at medical facilities that conform with the minimal guidelines and standards for assisted reproductive technology of the American College of Obstetric and Gynecology or the American Society for Reproductive Medicine. ``(d) Prohibitions.--A group health plan, and a health insurance issuer providing 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 because of the individual's or enrollee's use or potential use of items or services that are covered in accordance with the requirements of this section; ``(2) provide monetary payments or rebates to a covered individual to encourage such individual to accept less than the minimum protections available under this section; or ``(3) provide incentives (monetary or otherwise) to a health care professional to induce such professional to withhold from a covered individual services described in subsection (a). ``(e) Rules of Construction.-- ``(1) In general.--Nothing in this section shall be construed-- ``(A) as preventing a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan from imposing deductibles, coinsurance, or other cost- sharing or limitations in relation to benefits for services described in this section under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such service may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any similar service otherwise covered under the plan; ``(B) as requiring a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan to cover experimental or investigational treatments of services described in this section, except to the extent that the plan or issuer provides coverage for other experimental or investigational treatments or services. ``(2) Limitations.--As used in paragraph (1), the term `limitation' includes restricting the type of health care professionals that may provide such treatments or services. ``(f) 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)(1), for purposes of assuring notice of such requirements under the plan, except that the summary description required to be provided under the last 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.''. (b) Individual Market.--Part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended-- (1) by redesignating the first subpart 3 (relating to other requirements) as subpart 2; and (2) by adding at the end of subpart 2 the following new section: ``SEC. 2753. REQUIRED COVERAGE FOR INFERTILITY BENEFITS. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Effective Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated on or after January 1, 2001. SEC. 5. REQUIRED COVERAGE FOR INFERTILITY BENEFITS FOR FEDERAL EMPLOYEES HEALTH BENEFITS PLANS. (a) Types of Benefits.--Section 8904(a)(1) of title 5, United States Code, is amended by adding at the end the following: ``(G) Infertility benefits.''. (b) Health Benefits Plan Contract Requirement.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p)(1) Each contract under this chapter shall include a provision that ensures infertility benefits as provided under this subsection. ``(2) Infertility benefits under this subsection shall include-- ``(A) diagnostic testing and treatment of infertility; ``(B) drug therapy, artificial insemination, and low tubal ovum transfers; ``(C) in vitro fertilization, intra-cytoplasmic sperm injection, gamete donation, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube transfer, zygote intra-fallopian tube transfer; and ``(D) any other medically indicated nonexperimental services or procedures that are used to treat infertility or induce pregnancy. ``(3)(A)(i) Subject to clause (ii), procedures under paragraph (2)(C) shall be limited to 4 completed embryo transfers. ``(ii) If a live birth follows a completed embryo transfer, 2 additional completed embryo transfers shall be provided. ``(B) Procedures under paragraph (2)(C) shall be provided if-- ``(i) the individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments; and ``(ii) the procedures are performed at medical facilities that conform with the minimal guidelines and standards for assisted reproductive technology of the American College of Obstetric and Gynecology or the American Society for Reproductive Medicine.''. (c) Effective Date.--The amendments made by this section shall apply to contract years beginning on or after January 1, 2001.

Prohibits group health plans and health insurance issuers from: (1) denying an individual eligibility or continuing eligibility to enroll or renew coverage because of the individual's or enrollee's use or potential use of items or services covered by this Act. (2) providing monetary payments or rebates to a covered individual to encourage the acceptance of less than minimum protections available under this Act. Or (3) providing incentives to a health care professional to induce such professional to withhold infertility services from a covered individual. Amends the PHSA to apply infertility benefits provisions to health insurance coverage offered by an issuer in the individual market in the same manner as they are applied to coverage in the group market. Provides the infertility benefit coverage described by this Act for Federal employee health benefit plans as well.

Fair Access to Infertility Treatment and Hope Act of 2000

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Fair Access to Infertility Treatment and Hope Act of 2000". <SECTION-HEADER> FINDINGS. Congress finds that infertility affects 6,100,000 men and women. Infertility is a disease which affects men and women with equal frequency, approximately 1 in 10 couples cannot conceive without medical assistance, recent medical breakthroughs make infertility a treatable disease. And only 25 percent of all health plan sponsors provide coverage for infertility services. <SECTION-HEADER> AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. In General. 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: "Section 714. REQUIRED COVERAGE FOR INFERTILITY BENEFITS. In General. A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall ensure that coverage is provided for infertility benefits. Infertility Benefits. In subsection (a), the term `infertility benefits' at a minimum includes diagnostic testing and treatment of infertility, drug therapy, artificial insemination, and low tubal ovum transfers. In vitro fertilization, intra-cytoplasmic sperm injection, gamete donation, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube transfer, zygote intra-fallopian tube transfer. And any other medically indicated nonexperimental services or procedures that are used to treat infertility or induce pregnancy. In Vitro Fertilization. Limitation. In general. Subject to subparagraph (B), coverage of procedures under subsection (b)(3) may be limited to 4 completed embryo transfers. Additional transfers. If a live birth follows a completed embryo transfer under a procedure described in subparagraph (A), not less than 2 additional completed embryo transfers shall be provided. Requirement. Coverage of procedures under subsection (3) shall be provided if the individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments. And the procedures are performed at medical facilities that conform with the minimal guidelines and standards for assisted reproductive technology of the American College of Obstetric and Gynecology or the American Society for Reproductive Medicine. Prohibitions. A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan because of the individual's or enrollee's use or potential use of items or services that are covered in accordance with the requirements of this section. Provide monetary payments or rebates to a covered individual to encourage such individual to accept less than the minimum protections available under this section. Or provide incentives to a health care professional to induce such professional to withhold from a covered individual services described in subsection (a). Rules of Construction. In general. Nothing in this section shall be construed as preventing a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan from imposing deductibles, coinsurance, or other cost- sharing or limitations in relation to benefits for services described in this section under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such service may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any similar service otherwise covered under the plan. As requiring a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan to cover experimental or investigational treatments of services described in this section, except to the extent that the plan or issuer provides coverage for other experimental or investigational treatments or services. Limitations. As used in paragraph (1), the term `limitation' includes restricting the type of health care professionals that may provide such treatments or services. 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)(1), for purposes of assuring notice of such requirements under the plan, except that the summary description required to be provided under the last 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.". Clerical Amendment. The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 713 the following new item: "Section 714. Required coverage for infertility benefits for federal employees health benefits plans.". Effective Date. The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2001. <SECTION-HEADER> PUBLIC HEALTH SERVICE ACT. In General. Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following: "Section 2707. REQUIRED COVERAGE FOR INFERTILITY BENEFITS. In General. A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall ensure that coverage is provided for infertility benefits. Infertility Benefits. In subsection (a), the term `infertility benefits' at a minimum includes diagnostic testing and treatment of infertility, drug therapy, artificial insemination, and low tubal ovum transfers. In vitro fertilization, intra-cytoplasmic sperm injection, gamete donation, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube transfer, zygote intra-fallopian tube transfer. And any other medically indicated nonexperimental services or procedures that are used to treat infertility or induce pregnancy. In Vitro Fertilization. Limitation. In general. Subject to subparagraph (B), coverage of procedures under subsection (b)(3) may be limited to 4 completed embryo transfers. Additional transfers. If a live birth follows a completed embryo transfer under a procedure described in subparagraph (A), not less than 2 additional completed embryo transfers shall be provided. Requirement. Coverage of procedures under subsection (3) shall be provided if the individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments. And the procedures are performed at medical facilities that conform with the minimal guidelines and standards for assisted reproductive technology of the American College of Obstetric and Gynecology or the American Society for Reproductive Medicine. Prohibitions. A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan because of the individual's or enrollee's use or potential use of items or services that are covered in accordance with the requirements of this section. Provide monetary payments or rebates to a covered individual to encourage such individual to accept less than the minimum protections available under this section. Or provide incentives to a health care professional to induce such professional to withhold from a covered individual services described in subsection (a). Rules of Construction. In general. Nothing in this section shall be construed as preventing a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan from imposing deductibles, coinsurance, or other cost- sharing or limitations in relation to benefits for services described in this section under the plan, except that such a deductible, coinsurance, or other cost-sharing or limitation for any such service may not be greater than such a deductible, coinsurance, or cost-sharing or limitation for any similar service otherwise covered under the plan. As requiring a group health plan and a health insurance issuer providing health insurance coverage in connection with a group health plan to cover experimental or investigational treatments of services described in this section, except to the extent that the plan or issuer provides coverage for other experimental or investigational treatments or services. Limitations. As used in paragraph (1), the term `limitation' includes restricting the type of health care professionals that may provide such treatments or services. 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)(1), for purposes of assuring notice of such requirements under the plan, except that the summary description required to be provided under the last 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.". Individual Market. Part B of title XXVII of the Public Health Service Act is amended by redesignating the first subpart 3 as subpart 2. And by adding at the end of subpart 2 the following new section: "Section 2753. REQUIRED COVERAGE FOR INFERTILITY BENEFITS. "The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.". Effective Date. The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated on or after January 1, 2001. <SECTION-HEADER> REQUIRED COVERAGE FOR INFERTILITY BENEFITS FOR FEDERAL EMPLOYEES HEALTH BENEFITS PLANS. Types of Benefits. Section 8904(a)(1) of title 5, United States Code, is amended by adding at the end the following: Infertility benefits.". Health Benefits Plan Contract Requirement. Section 8902 of title 5, United States Code, is amended by adding at the end the following: (1) Each contract under this chapter shall include a provision that ensures infertility benefits as provided under this subsection. Infertility benefits under this subsection shall include diagnostic testing and treatment of infertility, drug therapy, artificial insemination, and low tubal ovum transfers. In vitro fertilization, intra-cytoplasmic sperm injection, gamete donation, embryo donation, assisted hatching, embryo transfer, gamete intra-fallopian tube transfer, zygote intra-fallopian tube transfer. And any other medically indicated nonexperimental services or procedures that are used to treat infertility or induce pregnancy. (A)(i) Subject to clause (ii), procedures under paragraph (C) shall be limited to 4 completed embryo transfers. If a live birth follows a completed embryo transfer, 2 additional completed embryo transfers shall be provided. Procedures under paragraph (2)(C) shall be provided if the individual has been unable to attain or sustain a successful pregnancy through reasonable, less costly medically appropriate covered infertility treatments. And the procedures are performed at medical facilities that conform with the minimal guidelines and standards for assisted reproductive technology of the American College of Obstetric and Gynecology or the American Society for Reproductive Medicine.". Effective Date. The amendments made by this section shall apply to contract years beginning on or after January 1, 2001.

Prohibits group health plans and health insurance issuers from: (1) denying an individual eligibility or continuing eligibility to enroll or renew coverage because of the individual's or enrollee's use or potential use of items or services covered by this Act. (2) providing monetary payments or rebates to a covered individual to encourage the acceptance of less than minimum protections available under this Act. Or (3) providing incentives to a health care professional to induce such professional to withhold infertility services from a covered individual. Amends the PHSA to apply infertility benefits provisions to health insurance coverage offered by an issuer in the individual market in the same manner as they are applied to coverage in the group market. Provides the infertility benefit coverage described by this Act for Federal employee health benefit plans as well.

Fair Access to Infertility Treatment and Hope Act of 2000

105_hr3593

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Small Business and Industry Partnership Enhancement Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) partnerships between contractor-operated facilities of the Department of Energy and small businesses can enhance growth of competitive small business opportunities; (2) the contractor-operated facilities represent a national resource in science and technology; (3) capacity for innovation in the United States is enhanced when the capabilities of the contractor-operated facilities are engaged with other providers and users of the Nation's science and technology base; (4) contributors to the Nation's science and technology delivery system, Federal agencies, private industry, universities, and the contractor-operated facilities can best perform their missions through partnerships and interactions that leverage the resources of each such entity; (5) interactions of the contractor-operated facilities with industry and universities serve to-- (A) expand the technology base available for missions of the Department of Energy; and (B) instill sound business practices in the contractor-operated facilities to enable cost-effective realization of the Federal missions of the facilities; (6) the contractor-operated facilities benefit from university interactions through access to leading edge research and through recruitment of the talent needed to pursue the missions of the facilities; (7) industry can improve products and processes leading to an enhanced competitive position through simplified access to the science and technology developed by the contractor-operated facilities; and (8) other Federal agencies can advance their own missions by using capabilities developed within the contractor-operated facilities. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to improve the ability of small businesses, Federal agencies, industry, and universities to work with the contractor-operated facilities of the Department of Energy while ensuring full cost recovery of each contractor-operated facility's expenses incurred in such work; (2) to encourage the contractor-operated facilities to expand their partnerships with universities and industries; and (3) to expand interactions of contractor-operated facilities with small businesses so as to-- (A) encourage commercial evaluation and development of the science and technology base of the contractor- operated facilities; and (B) provide technical assistance to small businesses. SEC. 4. CONTRACT RESEARCH SERVICES. Section 31a. of the Atomic Energy Act of 1954 (42 U.S.C. 2051(a)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) areas of technology within the mission of the Department of Energy as authorized by law.''. SEC. 5. COST RECOVERY. Section 33 of the Atomic Energy Act of 1954 (42 U.S.C. 2053) is amended-- (1) by striking ``Sec. 33. Research for Others.--Where'' and inserting the following: ``SEC. 33. RESEARCH FOR OTHERS. ``(a) In General.--Where''; and (2) by striking the last sentence and inserting the following: ``(b) Cost Recovery.-- ``(1) In general.--In carrying out subsection (a), the Secretary of Energy shall not recover more than the full cost of work incurred at contractor-operated facilities of the Department of Energy. ``(2) Administrative costs.--Any costs incurred by the Department of Energy in connection with work performed by contractor-operated facilities of the Department of Energy shall be funded from departmental administration accounts of the Department of Energy. ``(3) Charges.--For work performed for a person other than the Department of Energy (including non-Federal entities and Federal agencies other than the Department of Energy) (referred to in this paragraph as an `external customer'), a contractor- operated facility may assess a charge in an amount that does not exceed the sum of-- ``(A) the direct cost to the contractor in performing the work for the external customer; and ``(B) a pro rata share of overhead charges for overhead-funded services directly required for performance of the specific work for external customers as a whole or to a category of external customers that includes the external customer.''. SEC. 6. PARTNERSHIPS WITH UNIVERSITIES AND INDUSTRY. (a) In General.--Chapter 4 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2051 et seq.) is amended by adding at the end the following: ``SEC. 34. CONTRACTOR-OPERATED FACILITIES OF THE DEPARTMENT OF ENERGY. ``(a) Metrics.-- ``(1) Definition of metrics.--In this subsection, the term `metrics' means a system of measurements to determine levels of specific areas of performance. ``(2) Inclusion in contracts.--Metrics-- ``(A) shall be developed jointly by the Secretary of Energy and each contractor operating a facility of the Department of Energy to ensure that realistic goals are established that are directly supportive of the mission and responsibilities of the contractor-operated facility; ``(B) shall be specified in the contract for operation of the facility; and ``(C) shall be used to evaluate the effectiveness of partnership development by the facility. ``(b) Partnerships and Interactions.-- ``(1) Encouragement of partnerships and interactions.--The Secretary of Energy shall encourage partnerships and interactions with universities and private industry at each contractor-operated facility. ``(2) Component of performance evaluations.--The development and expansion of partnerships and interactions with universities and private industry shall be a component in evaluating the annual performance of each contractor-operated facility. ``(c) Small Business Technology Partnership Program.-- ``(1) In general.--The Secretary of Energy shall require that each contractor operating a facility of the Department of Energy create a small business technology partnership program at each contractor-operated facility. ``(2) Funding level.--A contractor may spend not more than 0.25 percent of the total operating budget of a contractor- operated facility on the program. ``(3) Evaluations.--The Secretary shall annually evaluate the effectiveness of the program with each contractor to ensure that the program is providing opportunities for small businesses to interact with and use the resources of each contractor-operated facility. ``(4) Use of funds.--Funds from the program-- ``(A) shall be used to cover a contractor-operated facility's costs of interactions with small businesses; and ``(B) shall not be used for direct monetary grants to small businesses.''. (b) Conforming Amendment.--The table of contents of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is amended by adding at the end of the items relating to chapter 4 of title I the following: ``Sec. 34. Contractor-operated facilities of the Department of Energy.''.

Department of Energy Small Business and Industry Partnership Enhancement Act of 1998 - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to make arrangements for the conduct of technology research and development activities within the mission of the Department of Energy (DOE). Revises NRC authority to conduct research and development activities and studies for others in its own contractor-operated facilities where private facilities are inadequate for the purposes. Prohibits the Secretary of Energy, when conducting such activities for others, from recovering more than the full cost of work incurred at DOE contractor-operated facilities. Declares that any costs incurred by DOE in connection with work performed by contractor-operated DOE facilities shall be funded from DOE departmental administration accounts. Prescribes guidelines for charges a DOE contractor-operated facility may assess for work performed for a non-DOE entity . Requires the Secretary and each contractor operating a DOE facility to develop jointly a system of measurements (metrics) to determine levels of specific areas of performance, which shall subsequently be specified in the contract for operation of a contractor-operated facility, and which shall be used to evaluate the effectiveness of the facility's partnership development. Instructs the Secretary to encourage partnerships and interactions with universities and private industry at each contractor-operated facility. Makes development and expansion of partnerships and interactions with universities and private industry a component in evaluating the annual performance of each contractor-operated facility. Requires each contractor operating a DOE facility to create a small business technology partnership program at each such facility. Requires the Secretary to evaluate program effectiveness annually with each contractor to ensure opportunities for small businesses to interact with and use the resources of each contractor-operated facility. Requires the use of program funds to cover a contractor-operated facility's costs of interactions with small businesses. Prohibits the use of such funds for direct monetary grants to small businesses.

Department of Energy Small Business and Industry Partnership Enhancement Act of 1998

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Department of Energy Small Business and Industry Partnership Enhancement Act of 1998". <SECTION-HEADER> FINDINGS. Congress finds that partnerships between contractor-operated facilities of the Department of Energy and small businesses can enhance growth of competitive small business opportunities. The contractor-operated facilities represent a national resource in science and technology. Capacity for innovation in the United States is enhanced when the capabilities of the contractor-operated facilities are engaged with other providers and users of the Nation's science and technology base. Contributors to the Nation's science and technology delivery system, Federal agencies, private industry, universities, and the contractor-operated facilities can best perform their missions through partnerships and interactions that leverage the resources of each such entity. Interactions of the contractor-operated facilities with industry and universities serve to expand the technology base available for missions of the Department of Energy. And instill sound business practices in the contractor-operated facilities to enable cost-effective realization of the Federal missions of the facilities. The contractor-operated facilities benefit from university interactions through access to leading edge research and through recruitment of the talent needed to pursue the missions of the facilities. Industry can improve products and processes leading to an enhanced competitive position through simplified access to the science and technology developed by the contractor-operated facilities. And other Federal agencies can advance their own missions by using capabilities developed within the contractor-operated facilities. <SECTION-HEADER> PURPOSES. The purposes of this Act are to improve the ability of small businesses, Federal agencies, industry, and universities to work with the contractor-operated facilities of the Department of Energy while ensuring full cost recovery of each contractor-operated facility's expenses incurred in such work. To encourage the contractor-operated facilities to expand their partnerships with universities and industries. And to expand interactions of contractor-operated facilities with small businesses so as to encourage commercial evaluation and development of the science and technology base of the contractor- operated facilities. And provide technical assistance to small businesses. <SECTION-HEADER> CONTRACT RESEARCH SERVICES. Section 31a. of the Atomic Energy Act of 1954 (42 USC. 2051(a)) is amended in paragraph (5), by striking "and" at the end. In paragraph (6), by striking the period at the end and inserting ", and". And by adding at the end the following: areas of technology within the mission of the Department of Energy as authorized by law.". <SECTION-HEADER> COST RECOVERY. Section 33 of the Atomic Energy Act of 1954 is amended by striking "<SECTION-HEADER> Research for Others. Where" and inserting the following: "Section 33. RESEARCH FOR OTHERS. In General. Where". And by striking the last sentence and inserting the following: Cost Recovery. In general. In carrying out subsection (a), the Secretary of Energy shall not recover more than the full cost of work incurred at contractor-operated facilities of the Department of Energy. Administrative costs. Any costs incurred by the Department of Energy in connection with work performed by contractor-operated facilities of the Department of Energy shall be funded from departmental administration accounts of the Department of Energy. Charges. For work performed for a person other than the Department of Energy , a contractor- operated facility may assess a charge in an amount that does not exceed the sum of the direct cost to the contractor in performing the work for the external customer. And a pro rata share of overhead charges for overhead-funded services directly required for performance of the specific work for external customers as a whole or to a category of external customers that includes the external customer.". <SECTION-HEADER> PARTNERSHIPS WITH UNIVERSITIES AND INDUSTRY. In General. Chapter 4 of title I of the Atomic Energy Act of 1954 is amended by adding at the end the following: "Section 34. CONTRACTOR-OPERATED FACILITIES OF THE DEPARTMENT OF ENERGY. Metrics. Definition of metrics. In this subsection, the term `metrics' means a system of measurements to determine levels of specific areas of performance. Inclusion in contracts. Metrics shall be developed jointly by the Secretary of Energy and each contractor operating a facility of the Department of Energy to ensure that realistic goals are established that are directly supportive of the mission and responsibilities of the contractor-operated facility. Shall be specified in the contract for operation of the facility. And shall be used to evaluate the effectiveness of partnership development by the facility. Partnerships and Interactions. Encouragement of partnerships and interactions. The Secretary of Energy shall encourage partnerships and interactions with universities and private industry at each contractor-operated facility. Component of performance evaluations. The development and expansion of partnerships and interactions with universities and private industry shall be a component in evaluating the annual performance of each contractor-operated facility. Small Business Technology Partnership Program. In general. The Secretary of Energy shall require that each contractor operating a facility of the Department of Energy create a small business technology partnership program at each contractor-operated facility. Funding level. A contractor may spend not more than 0.25 percent of the total operating budget of a contractor- operated facility on the program. Evaluations. The Secretary shall annually evaluate the effectiveness of the program with each contractor to ensure that the program is providing opportunities for small businesses to interact with and use the resources of each contractor-operated facility. Use of funds. Funds from the program shall be used to cover a contractor-operated facility's costs of interactions with small businesses. And shall not be used for direct monetary grants to small businesses.". Conforming Amendment. The table of contents of the Atomic Energy Act of 1954 is amended by adding at the end of the items relating to chapter 4 of title I the following: "<SECTION-HEADER> Contractor-operated facilities of the Department of Energy.".

Department of Energy Small Business and Industry Partnership Enhancement Act of 1998 - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to make arrangements for the conduct of technology research and development activities within the mission of the Department of Energy (DOE). Revises NRC authority to conduct research and development activities and studies for others in its own contractor-operated facilities where private facilities are inadequate for the purposes. Prohibits the Secretary of Energy, when conducting such activities for others, from recovering more than the full cost of work incurred at DOE contractor-operated facilities. Declares that any costs incurred by DOE in connection with work performed by contractor-operated DOE facilities shall be funded from DOE departmental administration accounts. Prescribes guidelines for charges a DOE contractor-operated facility may assess for work performed for a non-DOE entity . Requires the Secretary and each contractor operating a DOE facility to develop jointly a system of measurements (metrics) to determine levels of specific areas of performance, which shall subsequently be specified in the contract for operation of a contractor-operated facility, and which shall be used to evaluate the effectiveness of the facility's partnership development. Instructs the Secretary to encourage partnerships and interactions with universities and private industry at each contractor-operated facility. Makes development and expansion of partnerships and interactions with universities and private industry a component in evaluating the annual performance of each contractor-operated facility. Requires each contractor operating a DOE facility to create a small business technology partnership program at each such facility. Requires the Secretary to evaluate program effectiveness annually with each contractor to ensure opportunities for small businesses to interact with and use the resources of each contractor-operated facility. Requires the use of program funds to cover a contractor-operated facility's costs of interactions with small businesses. Prohibits the use of such funds for direct monetary grants to small businesses.

Department of Energy Small Business and Industry Partnership Enhancement Act of 1998

113_hr5136

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breaking Addiction Act of 2014''. SEC. 2. MEDICAID COMMUNITY-BASED INPATIENT SUBSTANCE USE DISORDER TREATMENT DEMONSTRATION PROJECT. (a) Authority.--The Secretary of Health and Human Services shall establish a 5-year demonstration project (in this section referred to as the ``demonstration project'') under which payment may be made to each participating State (as described in subsection (b)), for any medical assistance provided with respect to a qualified individual in a community-based institution for mental diseases who is being treated in such institution for a substance use condition. (b) Participating States.-- (1) Eligibility.--A State is eligible to participate in the demonstration project under this section if the State plan of the State provides for payment under the plan for community- based inpatient substance use disorder treatment services furnished to qualified individuals. (2) Application.--A State seeking to participate in the demonstration project under this section shall submit to the Secretary an application, at such time, in such form, and that contains such information, provisions, and assurances, as the Secretary may require. (3) Selection.--The Secretary shall select, on a competitive basis, from among the States that submit an application under paragraph (1) to the satisfaction of the Secretary, the States that will be participating in the demonstration project. In selecting such participating States, the Secretary shall seek to achieve an equitable geographic distribution. (c) Waiver Authority.-- (1) In general.--The Secretary shall waive the limitation on payment for care and services imposed by the subdivision (B) that follows paragraph (29) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) (relating to a limitation on payments for care or services for any individual who is under 65 years of age and who is a patient in an institution for mental diseases) with respect to payment for the medical assistance described in subsection (a). (2) Limited other waiver authority.--The Secretary may waive other requirements of titles XI and XIX of the Social Security Act (including the requirements of sections 1902(a)(1) (relating to statewideness) (42 U.S.C. 1396a(a)(1)) and 1902(a)(10)(B) (relating to comparability) (42 U.S.C. 1396a(a)(10)(B)) of such Act) only to the extent necessary to carry out the demonstration project under this section. (d) Evaluation and Report to Congress.-- (1) Evaluation.--The Secretary shall conduct an evaluation of the impact the demonstration project carried out under this section has on the functioning of the health and substance use disorder system and individuals enrolled in State plans under the Medicaid program under title XIX of the Social Security Act. The evaluation shall include each of the following: (A) An assessment of the access such individuals have to substance use disorder treatment services under the demonstration project carried out under this section, and with respect to such services, the average lengths of inpatient stays and emergency room visits. (B) An assessment of the discharge planning by the health care providers furnishing such services. (C) An assessment of the impact of the demonstration project on the costs of the full range of health care items and services, including inpatient, emergency and ambulatory care, diversions from inpatient and emergency care, and readmissions to institutions for mental diseases. (D) An analysis of the percentage of individuals enrolled in such plans who are admitted to community- based institutions for mental diseases as a result of the demonstration project as compared to those admitted to such institutions through other means. (2) Report.--Not later than December 31, 2020, the Secretary shall submit to Congress and make available to the public a report that contains-- (A) the findings of the evaluation under paragraph (1); and (B) the recommendations of the Secretary regarding whether-- (i) the limitation referred to in subsection (c)(1) is a barrier to care that needs to be reviewed by Congress; and (ii) the demonstration project carried out under this section should be continued after December 31, 2020, and expanded on a national basis. (e) Funding.-- (1) Appropriation.--Out of any funds in the Treasury not otherwise appropriated, there is appropriated to carry out this section, $300,000,000 for fiscal year 2015. (2) 10-year availability.--Funds appropriated under paragraph (1) shall remain available for obligation through December 31, 2024. (3) Funds allocated to states.--Funds shall be allocated to participating States on the basis of criteria, including a State's application and the availability of funds, as determined by the Secretary. (4) Payment to states.--For each calendar quarter beginning on or after October 1, 2014, the Secretary shall pay to each participating State, from the allocation made to the State under paragraph (3), an amount equal to the Federal medical assistance percentage of the amount expended during such quarter for the medical assistance described in subsection (a). (5) Limitation on payments.--In no case may-- (A) the aggregate amount of payments made by the Secretary to participating States under this section exceed $300,000,000; or (B) payments be made by the Secretary to participating States under this section after December 31, 2024. (f) Definitions.--In this section: (1) Federal medical assistance percentage.--The term ``Federal medical assistance percentage'' has the meaning given such term in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)). (2) Institution for mental diseases.--The term ``institution for mental diseases'' has the meaning given such term in section 1905(i) of the Social Security Act (42 U.S.C. 1396d(i)). (3) Medical assistance.--The term ``medical assistance'' has the meaning given such term in section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)). (4) Qualified individual.--The term ``qualified individual'' means an individual who, because of the individual's substance use condition, requires substance use disorder treatment and who-- (A) is over 21 years of age and under 65 years of age; and (B) is eligible for medical assistance under the State plan under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (5) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

Breaking Addiction Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to establish a five-year demonstration project under which payment may be made to each participating state for any medical assistance provided with respect to a qualified individual being treated for a substance use condition in a community-based institution for mental diseases.

Breaking Addiction Act of 2014

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Breaking Addiction Act of 2014". <SECTION-HEADER> MEDICAID COMMUNITY-BASED INPATIENT SUBSTANCE USE DISORDER TREATMENT DEMONSTRATION PROJECT. Authority. The Secretary of Health and Human Services shall establish a 5-year demonstration project under which payment may be made to each participating State (as described in subsection (b)), for any medical assistance provided with respect to a qualified individual in a community-based institution for mental diseases who is being treated in such institution for a substance use condition. Participating States. Eligibility. A State is eligible to participate in the demonstration project under this section if the State plan of the State provides for payment under the plan for community- based inpatient substance use disorder treatment services furnished to qualified individuals. Application. A State seeking to participate in the demonstration project under this section shall submit to the Secretary an application, at such time, in such form, and that contains such information, provisions, and assurances, as the Secretary may require. Selection. The Secretary shall select, on a competitive basis, from among the States that submit an application under paragraph (1) to the satisfaction of the Secretary, the States that will be participating in the demonstration project. In selecting such participating States, the Secretary shall seek to achieve an equitable geographic distribution. Waiver Authority. In general. The Secretary shall waive the limitation on payment for care and services imposed by the subdivision (B) that follows paragraph (29) of section 1905(a) of the Social Security Act (42 USC. 1396d(a)) with respect to payment for the medical assistance described in subsection (a). Limited other waiver authority. The Secretary may waive other requirements of titles XI and XIX of the Social Security Act (including the requirements of sections 1902(a)(1) (42 USC. 1396a(a)(1)) and 1902(a)(10)(B) (42 USC. 1396a(a)(10) only to the extent necessary to carry out the demonstration project under this section. Evaluation and Report to Congress. Evaluation. The Secretary shall conduct an evaluation of the impact the demonstration project carried out under this section has on the functioning of the health and substance use disorder system and individuals enrolled in State plans under the Medicaid program under title XIX of the Social Security Act. The evaluation shall include each of the following: An assessment of the access such individuals have to substance use disorder treatment services under the demonstration project carried out under this section, and with respect to such services, the average lengths of inpatient stays and emergency room visits. An assessment of the discharge planning by the health care providers furnishing such services. An assessment of the impact of the demonstration project on the costs of the full range of health care items and services, including inpatient, emergency and ambulatory care, diversions from inpatient and emergency care, and readmissions to institutions for mental diseases. An analysis of the percentage of individuals enrolled in such plans who are admitted to community- based institutions for mental diseases as a result of the demonstration project as compared to those admitted to such institutions through other means. Report. Not later than December 31, 2020, the Secretary shall submit to Congress and make available to the public a report that contains the findings of the evaluation under paragraph. And the recommendations of the Secretary regarding whether the limitation referred to in subsection (c)(1) is a barrier to care that needs to be reviewed by Congress. And the demonstration project carried out under this section should be continued after December 31, 2020, and expanded on a national basis. Funding. Appropriation. Out of any funds in the Treasury not otherwise appropriated, there is appropriated to carry out this section, $300,000,000 for fiscal year 2015. 10-year availability. Funds appropriated under paragraph (1) shall remain available for obligation through December 31, 2024. Funds allocated to states. Funds shall be allocated to participating States on the basis of criteria, including a State's application and the availability of funds, as determined by the Secretary. Payment to states. For each calendar quarter beginning on or after October 1, 2014, the Secretary shall pay to each participating State, from the allocation made to the State under paragraph (3), an amount equal to the Federal medical assistance percentage of the amount expended during such quarter for the medical assistance described in subsection (a). Limitation on payments. In no case may the aggregate amount of payments made by the Secretary to participating States under this section exceed $300,000,000. Or payments be made by the Secretary to participating States under this section after December 31, 2024. Definitions. In this section: Federal medical assistance percentage. The term "Federal medical assistance percentage" has the meaning given such term in section 1905(b) of the Social Security Act (42 USC. 1396d(b)). Institution for mental diseases. The term "institution for mental diseases" has the meaning given such term in section 1905(i) of the Social Security Act (42 USC. 1396d(i)). Medical assistance. The term "medical assistance" has the meaning given such term in section 1905(a) of the Social Security Act (42 USC. 1396d(a)). Qualified individual. The term "qualified individual" means an individual who, because of the individual's substance use condition, requires substance use disorder treatment and who is over 21 years of age and under 65 years of age. And is eligible for medical assistance under the State plan under the Medicaid program under title XIX of the Social Security Act . State. The term "State" has the meaning given such term for purposes of title XIX of the Social Security Act .

Breaking Addiction Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to establish a five-year demonstration project under which payment may be made to each participating state for any medical assistance provided with respect to a qualified individual being treated for a substance use condition in a community-based institution for mental diseases.

Breaking Addiction Act of 2014

111_hr2845

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect the Homeland from North Korean and Iranian Ballistic Missiles Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States Constitution indicates one of the first purposes of government is to provide for the defense of the American people. (2) North Korea continues to develop the Taepo Dong 2 long- range missile. (3) The United States intelligence community estimated that the Taepo Dong 2, when fully developed, could threaten the entire continental United States with a ballistic missile. (4) North Korea tested the Taepo Dong 2 missile over the Sea of Japan on July 4, 2006, in defiance of warnings from the United States, Japan, South Korea, and the People's Republic of China. (5) North Korea, in violation of United Nations Security Council Resolutions 1695 and 1718, launched a long range ballistic missile on April 5, 2009. This test demonstrates that North Korean long range ballistic missiles can now reach South Korea, Japan, and Guam and can travel 2,000 miles over Japan into the Pacific Ocean. (6) North Korea ordered inspectors out of the country and walked away from the 6 party talks on April 14, 2009. (7) North Korea has deployed the Musudan intermediate range ballistic missile which can threaten Okinawa and Guam, 200 No Dong missiles which can reach Japan, and 600 Scud missiles which threaten South Korea. (8) On April 29, 2009, North Korea threatened to conduct a nuclear test and an intercontinental ballistic missile unless the United Nations Security Council apologized for imposing sanctions against North Korea. (9) North Korea, in violation of United Nations Security Council resolution 1718, conducted a nuclear test on May 25, 2009. (10) North Korea's missile launch and nuclear test demonstrate present international diplomatic efforts are not sufficient to deter North Korea from developing, deploying, and launching missiles or developing nuclear technology. (11) North Korea has test-fired six short-range missiles off the country's east coast since the May 25, 2009, nuclear test. (12) Recently North Korea has asserted it is no longer bound by the armistice which ended the Korean War and has threatened war against the United States, South Korea, and Japan. (13) North Korea leads the world in missile proliferation. (14) North Korea is known to share ballistic missile technology with other weapons proliferating nations such as Iran. (15) North Korea aided Syria with its nuclear program. (16) The Director of the Missile Defense Agency said on June 9, 2009, ``The United States has fine-tuned its ability to shoot down long-range missiles that could be launched by North Korea based on a trio of tests mimicking such an attack.''. (17) On February 3, 2009, the Government of Iran successfully launched its first satellite into orbit--an act in direct violation of United Nations Security Council Resolution 1737. (18) General Maples, Director of the Defense Intelligence Agency, recently said, ``Iran's February 3, 2009, launch of the Safir space launch vehicle shows progress in mastering technology needed to produce ICBMs.''. (19) On April 5, 2009, President Barack Obama said, ``So let me be clear: Iran's nuclear and ballistic missile activity poses a real threat, not just to the United States, but to Iran's neighbors and our allies.''. (20) On May 19, 2009, the Government of Iran test-fired a new two-stage, medium-range, solid fuel, surface-to-surface missile, which can reach Europe, Israel, and United States forces deployed in the Persian Gulf Region. SEC. 3. STATEMENT OF POLICY REGARDING NORTH KOREA'S AND IRAN'S LONG- RANGE BALLISTIC MISSILE TECHNOLOGY. Congress-- (1) acknowledges that North Korea's and Iran's long-range ballistic missile technology is improving and could be used to deliver chemical, biological, or nuclear weapons; (2) expresses concern that North Korea's and Iran's long- range ballistic missile technology poses a real threat to the United States homeland; (3) realizes missile delivery technology and warheads could be passed along to state and non-state actors; and (4) supports ballistic missile protection of United States allies and forward deployed forces but believes it should not come at the expense of the protection of the United States homeland. SEC. 4. DEPLOYMENT OF MISSILE DEFENSE INTERCEPTORS IN ALASKA AND CALIFORNIA. The Secretary of Defense shall deploy the following: (1) Not less than 40 ground-based interceptors at Fort Greely, Alaska. (2) Not less than 4 ground-based interceptors at Vandenberg Air Force Base, California. (3) Such number of ground-based interceptors at such other locations as the President determines appropriate. SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR THE GROUND-BASED MIDCOURSE DEFENSE SYSTEM. Funds are hereby authorized to be appropriated for fiscal year 2010 for the ground-based midcourse defense system of the Missile Defense Agency in the amount of $500,000,000.

Protect the Homeland from North Korean and Iranian Ballistic Missiles Act - States the concern of Congress over North Korean and Iranian long-range ballistic missile technology and the spread of such technology. Expresses support for ballistic missile protection of US allies and forward deployed forces but also the belief that this should not come at the expense of US homeland protection. Directs the Secretary of Defense to deploy specified numbers of ground-based interceptors in Alaska and California and such number in other locations as determined to be appropriate by the President. Authorizes funding for the ground-based midcourse defense system of the Missile Defense Agency.

To direct the Secretary of Defense to deploy ground-based interceptors as part of the missile defense system, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Protect the Homeland from North Korean and Iranian Ballistic Missiles Act". <SECTION-HEADER> FINDINGS. Congress finds the following: The United States Constitution indicates one of the first purposes of government is to provide for the defense of the American people. North Korea continues to develop the Taepo Dong 2 long- range missile. The United States intelligence community estimated that the Taepo Dong 2, when fully developed, could threaten the entire continental United States with a ballistic missile. North Korea tested the Taepo Dong 2 missile over the Sea of Japan on July 4, 2006, in defiance of warnings from the United States, Japan, South Korea, and the People's Republic of China. North Korea, in violation of United Nations Security Council Resolutions 1695 and 1718, launched a long range ballistic missile on April 5, 2009. This test demonstrates that North Korean long range ballistic missiles can now reach South Korea, Japan, and Guam and can travel 2,000 miles over Japan into the Pacific Ocean. North Korea ordered inspectors out of the country and walked away from the 6 party talks on April 14, 2009. North Korea has deployed the Musudan intermediate range ballistic missile which can threaten Okinawa and Guam, 200 No Dong missiles which can reach Japan, and 600 Scud missiles which threaten South Korea. On April 29, 2009, North Korea threatened to conduct a nuclear test and an intercontinental ballistic missile unless the United Nations Security Council apologized for imposing sanctions against North Korea. North Korea, in violation of United Nations Security Council resolution 1718, conducted a nuclear test on May 25, 2009. North Korea's missile launch and nuclear test demonstrate present international diplomatic efforts are not sufficient to deter North Korea from developing, deploying, and launching missiles or developing nuclear technology. North Korea has test-fired six short-range missiles off the country's east coast since the May 25, 2009, nuclear test. Recently North Korea has asserted it is no longer bound by the armistice which ended the Korean War and has threatened war against the United States, South Korea, and Japan. North Korea leads the world in missile proliferation. North Korea is known to share ballistic missile technology with other weapons proliferating nations such as Iran. North Korea aided Syria with its nuclear program. The Director of the Missile Defense Agency said on June 9, 2009, "The United States has fine-tuned its ability to shoot down long-range missiles that could be launched by North Korea based on a trio of tests mimicking such an attack.". On February 3, 2009, the Government of Iran successfully launched its first satellite into orbit an act in direct violation of United Nations Security Council Resolution 1737. General Maples, Director of the Defense Intelligence Agency, recently said, "Iran's February 3, 2009, launch of the Safir space launch vehicle shows progress in mastering technology needed to produce ICBMs.". On April 5, 2009, President Barack Obama said, "So let me be clear: Iran's nuclear and ballistic missile activity poses a real threat, not just to the United States, but to Iran's neighbors and our allies.". On May 19, 2009, the Government of Iran test-fired a new two-stage, medium-range, solid fuel, surface-to-surface missile, which can reach Europe, Israel, and United States forces deployed in the Persian Gulf Region. <SECTION-HEADER> STATEMENT OF POLICY REGARDING NORTH KOREA'S AND IRAN'S LONG- RANGE BALLISTIC MISSILE TECHNOLOGY. Congress acknowledges that North Korea's and Iran's long-range ballistic missile technology is improving and could be used to deliver chemical, biological, or nuclear weapons. Expresses concern that North Korea's and Iran's long- range ballistic missile technology poses a real threat to the United States homeland. Realizes missile delivery technology and warheads could be passed along to state and non-state actors. And supports ballistic missile protection of United States allies and forward deployed forces but believes it should not come at the expense of the protection of the United States homeland. <SECTION-HEADER> DEPLOYMENT OF MISSILE DEFENSE INTERCEPTORS IN ALASKA AND CALIFORNIA. The Secretary of Defense shall deploy the following: Not less than 40 ground-based interceptors at Fort Greely, Alaska. Not less than 4 ground-based interceptors at Vandenberg Air Force Base, California. Such number of ground-based interceptors at such other locations as the President determines appropriate. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS FOR THE GROUND-BASED MIDCOURSE DEFENSE SYSTEM. Funds are hereby authorized to be appropriated for fiscal year 2010 for the ground-based midcourse defense system of the Missile Defense Agency in the amount of $500,000,000.

Protect the Homeland from North Korean and Iranian Ballistic Missiles Act - States the concern of Congress over North Korean and Iranian long-range ballistic missile technology and the spread of such technology. Expresses support for ballistic missile protection of US allies and forward deployed forces but also the belief that this should not come at the expense of US homeland protection. Directs the Secretary of Defense to deploy specified numbers of ground-based interceptors in Alaska and California and such number in other locations as determined to be appropriate by the President. Authorizes funding for the ground-based midcourse defense system of the Missile Defense Agency.

To direct the Secretary of Defense to deploy ground-based interceptors as part of the missile defense system, and for other purposes.

111_hr6024

SECTION 1. SHORT TITLE. This Act may be cited as the ``E. coli Traceability and Eradication Act''. SEC. 2. SHIGA TOXIN-PRODUCING E. COLI ERADICATION IN GROUND BEEF. (a) Amendment.--Title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end the following: ``SEC. 26. SHIGA TOXIN-PRODUCING E. COLI ERADICATION IN GROUND BEEF. ``(a) In General.--The Secretary of Agriculture shall require that slaughterhouses, processing establishments, and grinding facilities described in subsection (b) test for and report on the presence of Shiga toxin-producing E. coli at the following points: ``(1) One test at the slaughterhouse or processing establishment at which source trim was produced and 1 test of the source trim or bench trim at the receiving facility prior to combining with other lots from different sources. ``(2) If the source trim and grinding occurs at the same facility, 1 test of the source trim and 1 test of the final ground product. ``(b) Administration.--To carry out this section, the Secretary shall-- ``(1) publish peer-reviewed, science-based requirements for sampling protocols that establish, for each product type-- ``(A) lot size limitations; ``(B) sample size and the methodology used to calculate the sample size; ``(C) sample number; ``(D) the expected power of the sample; ``(E) in-field and laboratory sampling collection methods; and ``(F) a standard for validating laboratory test methods; ``(2) at least every two years, publish a peer review of the sampling protocols referred to in paragraph (1) and any necessary revisions of such protocols; ``(3) approve establishment sampling protocols consistent with the sampling protocols referred to in paragraph (1); and ``(4) in the case of a positive sample that indicates the presence of Shiga toxin-producing E. coli in a lot of an establishment-- ``(A) conduct an investigation sufficient to identify the original source of contamination using sampling protocols that include-- ``(i) collecting documentary evidence; and ``(ii) collecting and analyzing a sufficient number of meat samples from the source lots, as identified by the collection of documentary evidence conducted under clause (i), to determine the presence or absence of the pathogen in the source lots and the identity of the establishment that was the original source of contamination at locations that may include-- ``(I) the establishment that tested the meat from the original product lots; ``(II) an intermediary processor or warehouse holding meat from the same original product lots; ``(III) the establishment that produced the original product lots; or ``(IV) a Federally inspected or retail establishment that received part of the original product lots; ``(B) verify that meat or meat food products contaminated with Shiga toxin-producing E. coli, and the entire lot that is represented by the sample, are disposed of or treated to eradicate Shiga toxin- producing E. coli (in accordance with guidelines of the Secretary) before entry into commerce; and ``(C) promulgate regulations that require that the slaughterhouse or processing establishment takes corrective action and takes measures to prevent reoccurrence. ``(c) Testing.-- ``(1) In general.--A slaughterhouse or processing establishment producing or a grinding facility receiving trimmings shall test each lot using sampling standards and procedures determined by the Secretary. ``(2) Testing facilities.-- ``(A) In general.--An establishment shall use an independent testing facility accredited by the Secretary that uses methods that are at least equivalent in specificity and sensitivity to the methods used by the Secretary to test beef trimmings. ``(B) Administration.--In using an independent testing facility under subparagraph (A), the establishment-- ``(i) shall contract with the facility on an annual basis; and ``(ii) shall not terminate the contract on the basis of positive test results reported by the facility. ``(3) Proficiency testing service.--A laboratory that tests beef for Shiga toxin-producing E. coli shall contract with a testing service to verify the proficiency of the laboratory. ``(4) Transmission of testing results.-- ``(A) In general.--Test results of any testing conducted under this subsection shall be delivered, not later than 24 hours after such results are obtained, to a specific individual designated by each slaughterhouse, processing establishment, or grinding facility. ``(B) Transmission to secretary.--The slaughterhouse, processing establishment, or grinding facility shall report any positive or presumptive positive results directly to the Secretary through electronic means not later than 24 hours after receipt of results from a testing facility. ``(5) Habitual violators.--A slaughterhouse or processing establishment that produces or distributes trim that receives positive results that exceed the maximum allowable percentage of positive results for 3 consecutive days or more than 10 instances per year shall be listed on the public website of the Secretary as a habitual violator. ``(6) Compliance.--The Secretary shall take necessary regulatory action with respect to an establishment that fails to test, notify the Secretary of positive results, or otherwise comply with this subsection. ``(d) Imported Ground Beef.-- ``(1) In general.--Any trim, bench trim, and ground beef originating from outside the United States shall be subject to the same requirements as apply to domestic trim, bench trim, and ground beef under this section. ``(2) Verification.-- ``(A) In general.--To be eligible for importation into the United States, a foreign facility shall provide a certification of compliance with paragraph (1) to a domestic slaughterhouse, processing establishment, or grinding facility. ``(B) Secondary testing.--The domestic slaughterhouse, processing establishment, or grinding facility shall verify the results of the certification by conducting secondary testing of the trim, bench trim, or ground beef before processing into a final ground beef product.''. (b) Application.--Section 26 of the Federal Meat Inspection Act, as amended by subsection (a), shall apply-- (1) effective 180 days after the date of the enactment of this section, to-- (A) all slaughterhouses and processing establishments that produce more than 25,000 pounds of trim per day; and (B) grinding facilities that grind more than 25,000 pounds of trim or bench trim per day; (2) effective December 1, 2011, to-- (A) all slaughterhouses and processing establishments that produce more than 5,000 but not more than 25,000 pounds of trim per day; and (B) grinding facilities that grind more than 5,000 but not more than 25,000 pounds of trim or bench trim per day; (3) effective December 1, 2012, to-- (A) all slaughterhouses and processing establishments that produce more than 1,000 but not more than 5,000 pounds of trim per day; and (B) grinding facilities that grind more than 1,000 but not more than 5,000 pounds of trim or bench trim per day; and (4) effective December 1, 2013, to all slaughterhouses, processing establishments, and grinding facilities that produce or grind trim or bench trim. (c) Grants.-- (1) In general.--The Secretary of Agriculture shall award grants to assist slaughterhouses, processing establishments, and grinding facilities in complying with section 26 of the Federal Meat Inspection Act, as amended by subsection (a). (2) Eligible entities.--Grants awarded under this subsection are limited to-- (A) slaughterhouses and processing establishments that produce not more than 1,000 pounds of trim per day; and (B) grinding facilities that grind not more than 1,000 pounds of trim or bench trim per day. (3) Grant funding.-- (A) Amount.--The amount of each grant awarded under this subsection shall not exceed $10,000. (B) Priority.--The Secretary shall award grants under this section on a first-come, first-served basis. (4) Termination.--The grant program established under this section shall terminate on December 1, 2013. SEC. 3. PROTECTION AGAINST ADULTERATED AND CONTAMINATED MEAT OR MEAT FOOD PRODUCTS. (a) Findings.--Congress finds that it is essential and in the public interest that-- (1) the health and welfare of consumers be protected by ensuring that meat and meat food products distributed to consumers are wholesome and not adulterated or contaminated; and (2) Federal meat inspection programs identify all sources, including the slaughterhouse source, of original adulteration and contamination of enteric foodborne pathogens in meat in any case in which-- (A) lab samples test positive for enteric pathogen adulteration or contamination; or (B) adulterated or contaminated meat is found in commerce, including foodborne outbreaks. (b) Definitions.--Section 1 of the Federal Meat Inspection Act (21 U.S.C. 601) is amended by adding at the end the following: ``(x) Enteric Foodborne Pathogen.--The term `enteric foodborne pathogen' means live bacteriological matter that is commonly present in the digestive systems of animals for slaughter, including Shiga toxin- producing E. coli and salmonella, the presence of which in meat food products may indicate unsanitary conditions at the point of slaughter. ``(y) Establishment.--The term `establishment' means any person, firm, meat broker, renderer, or animal food manufacturer.''. (c) Protection Against Adulterated and Contaminated Meat or Meat Food Products.--Section 8 of the Federal Meat Inspection Act (21 U.S.C. 608) is amended-- (1) by striking ``Sec. 8. The Secretary'' and inserting the following: ``SEC. 8. PROTECTION AGAINST ADULTERATED AND CONTAMINATED MEAT OR MEAT FOOD PRODUCTS. ``(a) In General.--The Secretary''; (2) by inserting ``or contaminated'' after ``adulterated''; and (3) by adding at the end the following: ``(b) Sampling Protocols.-- ``(1) In general.--In carrying out this Act, the Secretary shall implement sampling protocols using methods and technologies to enable personnel of the Food Safety and Inspection Service to rapidly trace potential adulteration and contamination of meat and meat food products by enteric foodborne pathogens to possible preceding sources of the adulteration and contamination, including preparation, packaging, and slaughtering establishments, to determine the original site source of the adulteration or contamination. ``(2) Requirements.-- ``(A) In general.--The sampling protocols referred to in paragraph (1) shall enable rapid tracing to the source of contamination, through the-- ``(i) collection of documentary evidence; and ``(ii) collection and analyses of a sufficient number of meat samples from the source lots, as identified by collection of documentary evidence conducted under clause (i), to determine the presence or absence of the pathogen in the source lots and the identity of the establishment that was the original source of contamination at locations that may include---- ``(I) the establishment that tested the meat from the original product lot; ``(II) an intermediary processor or warehouse holding meat from the same original product lot; ``(III) the establishment that produced the original product lot; or ``(IV) a Federally inspected or retail establishment that received part of the original product lot. ``(B) Timing.--The collection of documentary and other relevant material to enable rapid tracing under subparagraph (A) shall occur at the time that samples of the relevant meat or meat food product are collected. ``(C) Certification.--The onsite inspector and a responsible establishment representative shall certify that the documentary and other tracing material collected under subparagraph (A) is complete and accurate. ``(3) Tracing of adulterated and contaminated meat and meat food products.--If a meat or meat food product sample tests positive or is indicated to test positive for adulteration or contamination by enteric foodborne pathogens, the Secretary shall immediately conduct a trace-- ``(A) to identify all sites of adulteration and contamination, including preparation, packaging, and slaughtering establishments; and ``(B) to identify the original source of adulteration or contamination. ``(4) Subsequent sampling.--If a raw ground meat sample tests positive or is indicated to test positive for adulteration or contamination by enteric foodborne pathogens at a preparation, packaging, or slaughtering establishment, the Secretary shall require subsequent sampling at the establishment, and any establishments supplying that establishment, each day for a minimum of 15 consecutive days after the date on which the adulterated or contaminated sample is collected.''.

E. coli Traceability and Eradication Act - Amends the the Federal Meat Inspection Act to require that specified slaughterhouses, processing establishments, and grinding facilities perform specified tests for the presence of Shiga toxin-producing E. coli in beef. Directs the Secretary of Agriculture (USDA) to make grants to assist certain slaughterhouses, processing establishments, and grinding facilities in complying with such requirements. Terminates grant assistance on December 1, 2013. Subjects imported trim, bench trim, and ground beef to the same testing requirements as domestic trim, bench trim, and ground beef. Defines enteric foodborne pathogen as live bacteriological matter that is commonly present in the digestive systems of animals for slaughter, including Shiga toxin-producing E. coli and salmonella, the presence of which in meat food products may indicate unsanitary conditions at the point of slaughter. Directs the Secretary to implement sampling protocols to enable the Food Safety and Inspection Service to rapidly trace potential adulteration and contamination of meat and meat food products by enteric foodborne pathogens to possible preceding sources of the adulteration and contamination, including preparation, packaging, and slaughtering establishments, to determine the original site source of the adulteration or contamination. Requires the Secretary: (1) if a meat or meat food product sample tests positive for adulteration or contamination by enteric foodborne pathogens, to conduct a trace to identify all sites of adulteration and contamination, including preparation, packaging, and slaughtering establishments, and to identify the original source of adulteration or contamination. And (2) if a raw ground meat sample tests positive for adulteration or contamination by enteric foodborne pathogens at a preparation, packaging, or slaughtering establishment, to require subsequent daily sampling at the establishment and any supplying establishments for a minimum of 15 consecutive days after the date on which the sample is collected.

To amend the Federal Meat Inspection Act to develop an effective sampling and testing program to test for E. coli in boneless beef manufacturing trimmings and other raw ground beef components, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "E. coli Traceability and Eradication Act". <SECTION-HEADER> SHIGA TOXIN-PRODUCING E. COLI ERADICATION IN GROUND BEEF. Amendment. Title I of the Federal Meat Inspection Act is amended by adding at the end the following: "Section 26. SHIGA TOXIN-PRODUCING E. COLI ERADICATION IN GROUND BEEF. In General. The Secretary of Agriculture shall require that slaughterhouses, processing establishments, and grinding facilities described in subsection (b) test for and report on the presence of Shiga toxin-producing E. coli at the following points: One test at the slaughterhouse or processing establishment at which source trim was produced and 1 test of the source trim or bench trim at the receiving facility prior to combining with other lots from different sources. If the source trim and grinding occurs at the same facility, 1 test of the source trim and 1 test of the final ground product. Administration. To carry out this section, the Secretary shall publish peer-reviewed, science-based requirements for sampling protocols that establish, for each product type lot size limitations. Sample size and the methodology used to calculate the sample size, sample number, the expected power of the sample, in-field and laboratory sampling collection methods, and a standard for validating laboratory test methods. At least every two years, publish a peer review of the sampling protocols referred to in paragraph (1) and any necessary revisions of such protocols. Approve establishment sampling protocols consistent with the sampling protocols referred to in paragraph (1). And in the case of a positive sample that indicates the presence of Shiga toxin-producing E. coli in a lot of an establishment conduct an investigation sufficient to identify the original source of contamination using sampling protocols that include collecting documentary evidence. And collecting and analyzing a sufficient number of meat samples from the source lots, as identified by the collection of documentary evidence conducted under clause , to determine the presence or absence of the pathogen in the source lots and the identity of the establishment that was the original source of contamination at locations that may include the establishment that tested the meat from the original product lots. An intermediary processor or warehouse holding meat from the same original product lots, the establishment that produced the original product lots. Or a Federally inspected or retail establishment that received part of the original product lots. Verify that meat or meat food products contaminated with Shiga toxin-producing E. coli, and the entire lot that is represented by the sample, are disposed of or treated to eradicate Shiga toxin- producing E. coli before entry into commerce. And promulgate regulations that require that the slaughterhouse or processing establishment takes corrective action and takes measures to prevent reoccurrence. Testing. In general. A slaughterhouse or processing establishment producing or a grinding facility receiving trimmings shall test each lot using sampling standards and procedures determined by the Secretary. Testing facilities. In general. An establishment shall use an independent testing facility accredited by the Secretary that uses methods that are at least equivalent in specificity and sensitivity to the methods used by the Secretary to test beef trimmings. Administration. In using an independent testing facility under subparagraph (A), the establishment shall contract with the facility on an annual basis. And shall not terminate the contract on the basis of positive test results reported by the facility. Proficiency testing service. A laboratory that tests beef for Shiga toxin-producing E. coli shall contract with a testing service to verify the proficiency of the laboratory. Transmission of testing results. In general. Test results of any testing conducted under this subsection shall be delivered, not later than 24 hours after such results are obtained, to a specific individual designated by each slaughterhouse, processing establishment, or grinding facility. Transmission to secretary. The slaughterhouse, processing establishment, or grinding facility shall report any positive or presumptive positive results directly to the Secretary through electronic means not later than 24 hours after receipt of results from a testing facility. Habitual violators. A slaughterhouse or processing establishment that produces or distributes trim that receives positive results that exceed the maximum allowable percentage of positive results for 3 consecutive days or more than 10 instances per year shall be listed on the public website of the Secretary as a habitual violator. Compliance. The Secretary shall take necessary regulatory action with respect to an establishment that fails to test, notify the Secretary of positive results, or otherwise comply with this subsection. Imported Ground Beef. In general. Any trim, bench trim, and ground beef originating from outside the United States shall be subject to the same requirements as apply to domestic trim, bench trim, and ground beef under this section. Verification. In general. To be eligible for importation into the United States, a foreign facility shall provide a certification of compliance with paragraph to a domestic slaughterhouse, processing establishment, or grinding facility. Secondary testing. The domestic slaughterhouse, processing establishment, or grinding facility shall verify the results of the certification by conducting secondary testing of the trim, bench trim, or ground beef before processing into a final ground beef product.". Application. Section 26 of the Federal Meat Inspection Act, as amended by subsection (a), shall apply effective 180 days after the date of the enactment of this section, to all slaughterhouses and processing establishments that produce more than 25,000 pounds of trim per day. And grinding facilities that grind more than 25,000 pounds of trim or bench trim per day. Effective December 1, 2011, to all slaughterhouses and processing establishments that produce more than 5,000 but not more than 25,000 pounds of trim per day. And grinding facilities that grind more than 5,000 but not more than 25,000 pounds of trim or bench trim per day. Effective December 1, 2012, to all slaughterhouses and processing establishments that produce more than 1,000 but not more than 5,000 pounds of trim per day. And grinding facilities that grind more than 1,000 but not more than 5,000 pounds of trim or bench trim per day. And effective December 1, 2013, to all slaughterhouses, processing establishments, and grinding facilities that produce or grind trim or bench trim. Grants. In general. The Secretary of Agriculture shall award grants to assist slaughterhouses, processing establishments, and grinding facilities in complying with section 26 of the Federal Meat Inspection Act, as amended by subsection (a). Eligible entities. Grants awarded under this subsection are limited to slaughterhouses and processing establishments that produce not more than 1,000 pounds of trim per day. And grinding facilities that grind not more than 1,000 pounds of trim or bench trim per day. Grant funding. Amount. The amount of each grant awarded under this subsection shall not exceed $10,000. Priority. The Secretary shall award grants under this section on a first-come, first-served basis. Termination. The grant program established under this section shall terminate on December 1, 2013. <SECTION-HEADER> PROTECTION AGAINST ADULTERATED AND CONTAMINATED MEAT OR MEAT FOOD PRODUCTS. Findings. Congress finds that it is essential and in the public interest that the health and welfare of consumers be protected by ensuring that meat and meat food products distributed to consumers are wholesome and not adulterated or contaminated. And Federal meat inspection programs identify all sources, including the slaughterhouse source, of original adulteration and contamination of enteric foodborne pathogens in meat in any case in which lab samples test positive for enteric pathogen adulteration or contamination. Or adulterated or contaminated meat is found in commerce, including foodborne outbreaks. Definitions. Section 1 of the Federal Meat Inspection Act is amended by adding at the end the following: Enteric Foodborne Pathogen. The term `enteric foodborne pathogen' means live bacteriological matter that is commonly present in the digestive systems of animals for slaughter, including Shiga toxin- producing E. coli and salmonella, the presence of which in meat food products may indicate unsanitary conditions at the point of slaughter. Establishment. The term `establishment' means any person, firm, meat broker, renderer, or animal food manufacturer.". Protection Against Adulterated and Contaminated Meat or Meat Food Products. Section 8 of the Federal Meat Inspection Act is amended by striking "<SECTION-HEADER> The Secretary" and inserting the following: "Section 8. PROTECTION AGAINST ADULTERATED AND CONTAMINATED MEAT OR MEAT FOOD PRODUCTS. In General. The Secretary", by inserting "or contaminated" after "adulterated". And by adding at the end the following: Sampling Protocols. In general. In carrying out this Act, the Secretary shall implement sampling protocols using methods and technologies to enable personnel of the Food Safety and Inspection Service to rapidly trace potential adulteration and contamination of meat and meat food products by enteric foodborne pathogens to possible preceding sources of the adulteration and contamination, including preparation, packaging, and slaughtering establishments, to determine the original site source of the adulteration or contamination. Requirements. In general. The sampling protocols referred to in paragraph (1) shall enable rapid tracing to the source of contamination, through the collection of documentary evidence. And collection and analyses of a sufficient number of meat samples from the source lots, as identified by collection of documentary evidence conducted under clause , to determine the presence or absence of the pathogen in the source lots and the identity of the establishment that was the original source of contamination at locations that may include the establishment that tested the meat from the original product lot. An intermediary processor or warehouse holding meat from the same original product lot, the establishment that produced the original product lot. Or a Federally inspected or retail establishment that received part of the original product lot. Timing. The collection of documentary and other relevant material to enable rapid tracing under subparagraph (A) shall occur at the time that samples of the relevant meat or meat food product are collected. Certification. The onsite inspector and a responsible establishment representative shall certify that the documentary and other tracing material collected under subparagraph (A) is complete and accurate. Tracing of adulterated and contaminated meat and meat food products. If a meat or meat food product sample tests positive or is indicated to test positive for adulteration or contamination by enteric foodborne pathogens, the Secretary shall immediately conduct a trace to identify all sites of adulteration and contamination, including preparation, packaging, and slaughtering establishments. And to identify the original source of adulteration or contamination. Subsequent sampling. If a raw ground meat sample tests positive or is indicated to test positive for adulteration or contamination by enteric foodborne pathogens at a preparation, packaging, or slaughtering establishment, the Secretary shall require subsequent sampling at the establishment, and any establishments supplying that establishment, each day for a minimum of 15 consecutive days after the date on which the adulterated or contaminated sample is collected.".

E. coli Traceability and Eradication Act - Amends the the Federal Meat Inspection Act to require that specified slaughterhouses, processing establishments, and grinding facilities perform specified tests for the presence of Shiga toxin-producing E. coli in beef. Directs the Secretary of Agriculture (USDA) to make grants to assist certain slaughterhouses, processing establishments, and grinding facilities in complying with such requirements. Terminates grant assistance on December 1, 2013. Subjects imported trim, bench trim, and ground beef to the same testing requirements as domestic trim, bench trim, and ground beef. Defines enteric foodborne pathogen as live bacteriological matter that is commonly present in the digestive systems of animals for slaughter, including Shiga toxin-producing E. coli and salmonella, the presence of which in meat food products may indicate unsanitary conditions at the point of slaughter. Directs the Secretary to implement sampling protocols to enable the Food Safety and Inspection Service to rapidly trace potential adulteration and contamination of meat and meat food products by enteric foodborne pathogens to possible preceding sources of the adulteration and contamination, including preparation, packaging, and slaughtering establishments, to determine the original site source of the adulteration or contamination. Requires the Secretary: (1) if a meat or meat food product sample tests positive for adulteration or contamination by enteric foodborne pathogens, to conduct a trace to identify all sites of adulteration and contamination, including preparation, packaging, and slaughtering establishments, and to identify the original source of adulteration or contamination. And (2) if a raw ground meat sample tests positive for adulteration or contamination by enteric foodborne pathogens at a preparation, packaging, or slaughtering establishment, to require subsequent daily sampling at the establishment and any supplying establishments for a minimum of 15 consecutive days after the date on which the sample is collected.

To amend the Federal Meat Inspection Act to develop an effective sampling and testing program to test for E. coli in boneless beef manufacturing trimmings and other raw ground beef components, and for other purposes.

108_hr3710

SECTION 1. IMPORTATION OF PRESCRIPTION DRUGS. (a) In General.--Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended by striking section 804 and inserting the following: ``SEC. 804. IMPORTATION OF PRESCRIPTION DRUGS. ``(a) Definitions.--In this section: ``(1) Importer.--The term `importer' means a pharmacist or wholesaler. ``(2) Pharmacist.--The term `pharmacist' means a person licensed by a State to practice pharmacy, including the dispensing and selling of prescription drugs. ``(3) Prescription drug.--The term `prescription drug' means a drug subject to section 503(b), other than-- ``(A) a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(B) a biological product (as defined in section 351 of the Public Health Service Act (42 U.S.C. 262)); ``(C) an infused drug (including a peritoneal dialysis solution); ``(D) an intravenously injected drug; ``(E) a drug that is inhaled during surgery; or ``(F) a drug which is a parenteral drug, the importation of which pursuant to subsection (b) is determined by the Secretary to pose a threat to the public health, in which case section 801(d)(1) shall continue to apply. ``(4) Qualifying laboratory.--The term `qualifying laboratory' means a laboratory in the United States that has been approved by the Secretary for the purposes of this section. ``(5) Wholesaler.-- ``(A) In general.--The term `wholesaler' means a person licensed as a wholesaler or distributor of prescription drugs in the United States under section 503(e)(2)(A). ``(B) Exclusion.--The term `wholesaler' does not include a person authorized to import drugs under section 801(d)(1). ``(b) Regulations.--The Secretary, after consultation with the United States Trade Representative and the Commissioner of Customs, shall promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States. ``(c) Limitation.--The regulations under subsection (b) shall-- ``(1) require that safeguards be in place to ensure that each prescription drug imported under the regulations complies with section 505 (including with respect to being safe and effective for the intended use of the prescription drug), with sections 501 and 502, and with other applicable requirements of this Act; ``(2) require that an importer of a prescription drug under the regulations comply with subsections (d)(1) and (e); and ``(3) contain any additional provisions determined by the Secretary to be appropriate as a safeguard to protect the public health or as a means to facilitate the importation of prescription drugs. ``(d) Information and Records.-- ``(1) In general.--The regulations under subsection (b) shall require an importer of a prescription drug under subsection (b) to submit to the Secretary the following information and documentation: ``(A) The name and quantity of the active ingredient of the prescription drug. ``(B) A description of the dosage form of the prescription drug. ``(C) The date on which the prescription drug is shipped. ``(D) The quantity of the prescription drug that is shipped. ``(E) The point of origin and destination of the prescription drug. ``(F) The price paid by the importer for the prescription drug. ``(G) Documentation from the foreign seller specifying-- ``(i) the original source of the prescription drug; and ``(ii) the quantity of each lot of the prescription drug originally received by the seller from that source. ``(H) The lot or control number assigned to the prescription drug by the manufacturer of the prescription drug. ``(I) The name, address, telephone number, and professional license number (if any) of the importer. ``(J)(i) In the case of a prescription drug that is shipped directly from the first foreign recipient of the prescription drug from the manufacturer: ``(I) Documentation demonstrating that the prescription drug was received by the recipient from the manufacturer and subsequently shipped by the first foreign recipient to the importer. ``(II) Documentation of the quantity of each lot of the prescription drug received by the first foreign recipient demonstrating that the quantity being imported into the United States is not more than the quantity that was received by the first foreign recipient. ``(III)(aa) In the case of an initial imported shipment, documentation demonstrating that each batch of the prescription drug in the shipment was statistically sampled and tested for authenticity and degradation. ``(bb) In the case of any subsequent shipment, documentation demonstrating that a statistically valid sample of the shipment was tested for authenticity and degradation. ``(ii) In the case of a prescription drug that is not shipped directly from the first foreign recipient of the prescription drug from the manufacturer, documentation demonstrating that each batch in each shipment offered for importation into the United States was statistically sampled and tested for authenticity and degradation. ``(K) Certification from the importer or manufacturer of the prescription drug that the prescription drug-- ``(i) is approved for marketing in the United States and is not adulterated or misbranded; and ``(ii) meets all labeling requirements under this Act. ``(L) Laboratory records, including complete data derived from all tests necessary to ensure that the prescription drug is in compliance with established specifications and standards. ``(M) Documentation demonstrating that the testing required by subparagraphs (J) and (L) was conducted at a qualifying laboratory. ``(N) Any other information that the Secretary determines is necessary to ensure the protection of the public health. ``(2) Maintenance by the secretary.--The Secretary shall maintain information and documentation submitted under paragraph (1) for such period of time as the Secretary determines to be necessary. ``(e) Testing.--The regulations under subsection (b) shall require-- ``(1) that testing described in subparagraphs (J) and (L) of subsection (d)(1) be conducted by the importer or by the manufacturer of the prescription drug at a qualified laboratory; ``(2) if the tests are conducted by the importer-- ``(A) that information needed to-- ``(i) authenticate the prescription drug being tested; and ``(ii) confirm that the labeling of the prescription drug complies with labeling requirements under this Act; be supplied by the manufacturer of the prescription drug to the pharmacist or wholesaler; and ``(B) that the information supplied under subparagraph (A) be kept in strict confidence and used only for purposes of testing or otherwise complying with this Act; and ``(3) may include such additional provisions as the Secretary determines to be appropriate to provide for the protection of trade secrets and commercial or financial information that is privileged or confidential. ``(f) Registration of Foreign Sellers.--Any establishment within Canada engaged in the distribution of a prescription drug that is imported or offered for importation into the United States shall register with the Secretary the name and place of business of the establishment and the name of the United States agent for the establishment. ``(g) Suspension of Importation.--The Secretary shall require that importations of a specific prescription drug or importations by a specific importer under subsection (b) be immediately suspended on discovery of a pattern of importation of that specific prescription drug or by that specific importer of drugs that are counterfeit or in violation of any requirement under this section, until an investigation is completed and the Secretary determines that the public is adequately protected from counterfeit and violative prescription drugs being imported under subsection (b). ``(h) Approved Labeling.--The manufacturer of a prescription drug shall provide an importer written authorization for the importer to use, at no cost, the approved labeling for the prescription drug. ``(i) Charitable Contributions.--Notwithstanding any other provision of this section, section 801(d)(1) continues to apply to a prescription drug that is donated or otherwise supplied at no charge by the manufacturer of the drug to a charitable or humanitarian organization (including the United Nations and affiliates) or to a government of a foreign country. ``(j) Waiver Authority for Importation by Individuals.-- ``(1) Declarations.--Congress declares that in the enforcement against individuals of the prohibition of importation of prescription drugs and devices, the Secretary should-- ``(A) focus enforcement on cases in which the importation by an individual poses a significant threat to public health; and ``(B) exercise discretion to permit individuals to make such importations in circumstances in which-- ``(i) the importation is clearly for personal use; and ``(ii) the prescription drug or device imported does not appear to present an unreasonable risk to the individual. ``(2) Waiver authority.-- ``(A) In general.--The Secretary may grant to individuals, by regulation or on a case-by-case basis, a waiver of the prohibition of importation of a prescription drug or device or class of prescription drugs or devices, under such conditions as the Secretary determines to be appropriate. ``(B) Guidance on case-by-case waivers.--The Secretary shall publish, and update as necessary, guidance that accurately describes circumstances in which the Secretary will consistently grant waivers on a case-by-case basis under subparagraph (A), so that individuals may know with the greatest practicable degree of certainty whether a particular importation for personal use will be permitted. ``(3) Drugs imported from canada.--In particular, the Secretary shall by regulation grant individuals a waiver to permit individuals to import into the United States a prescription drug that-- ``(A) is imported from a licensed pharmacy for personal use by an individual, not for resale, in quantities that do not exceed a 90-day supply; ``(B) is accompanied by a copy of a valid prescription; ``(C) is imported from Canada, from a seller registered with the Secretary; ``(D) is a prescription drug approved by the Secretary under chapter V; ``(E) is in the form of a final finished dosage that was manufactured in an establishment registered under section 510; and ``(F) is imported under such other conditions as the Secretary determines to be necessary to ensure public safety. ``(k) Construction.--Nothing in this section limits the authority of the Secretary relating to the importation of prescription drugs, other than with respect to section 801(d)(1) as provided in this section. ``(l) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (b) Conforming Amendments.--The Federal Food, Drug, and Cosmetic Act is amended-- (

Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States. Sets forth specified provisions respecting: (1) importer and foreign seller recordkeeping and information requirements, (2) qualified laboratory drug testing, (3) registration with the Secretary of Canadian sellers. And (4) approved labeling. Declares that the Secretary should: (1) focus enforcement on cases in which individual importation poses a significant public health threat. And (2) exercise discretion to permit individuals to make such importation for non-risk personal use. Authorizes the Secretary to grant individuals a waiver of the prohibition of importation of a prescription drug or device. Directs the Secretary to grant individuals a waiver of such prohibition for an approved prescription drug imported from Canada that is: (1) imported from a licensed pharmacy for not more than 90-day personal use, (2) accompanied by a valid prescription. (3) in a final finished dosage that was manufactured in a registered establishment. And (4) imported under such other conditions as the Secretary determines necessary to ensure public safety.

To amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of prescription drugs.

<SECTION-HEADER> IMPORTATION OF PRESCRIPTION DRUGS. In General. Chapter VIII of the Federal Food, Drug, and Cosmetic Act is amended by striking section 804 and inserting the following: "Section 804. IMPORTATION OF PRESCRIPTION DRUGS. Definitions. In this section: Importer. The term `importer' means a pharmacist or wholesaler. Pharmacist. The term `pharmacist' means a person licensed by a State to practice pharmacy, including the dispensing and selling of prescription drugs. Prescription drug. The term `prescription drug' means a drug subject to section 503(b), other than a controlled substance (as defined in section 102 of the Controlled Substances Act. A biological product (as defined in section 351 of the Public Health Service Act, an infused drug, an intravenously injected drug, a drug that is inhaled during surgery. Or a drug which is a parenteral drug, the importation of which pursuant to subsection (b) is determined by the Secretary to pose a threat to the public health, in which case section 801(d)(1) shall continue to apply. Qualifying laboratory. The term `qualifying laboratory' means a laboratory in the United States that has been approved by the Secretary for the purposes of this section. Wholesaler. In general. The term `wholesaler' means a person licensed as a wholesaler or distributor of prescription drugs in the United States under section 503(e)(2)(A). Exclusion. The term `wholesaler' does not include a person authorized to import drugs under section 801(d)(1). Regulations. The Secretary, after consultation with the United States Trade Representative and the Commissioner of Customs, shall promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States. Limitation. The regulations under subsection (b) shall require that safeguards be in place to ensure that each prescription drug imported under the regulations complies with section 505 , with sections 501 and 502, and with other applicable requirements of this Act. Require that an importer of a prescription drug under the regulations comply with subsections (d)(1) and (e). And contain any additional provisions determined by the Secretary to be appropriate as a safeguard to protect the public health or as a means to facilitate the importation of prescription drugs. Information and Records. In general. The regulations under subsection (b) shall require an importer of a prescription drug under subsection (b) to submit to the Secretary the following information and documentation: The name and quantity of the active ingredient of the prescription drug. A description of the dosage form of the prescription drug. The date on which the prescription drug is shipped. The quantity of the prescription drug that is shipped. The point of origin and destination of the prescription drug. The price paid by the importer for the prescription drug. Documentation from the foreign seller specifying the original source of the prescription drug. And the quantity of each lot of the prescription drug originally received by the seller from that source. The lot or control number assigned to the prescription drug by the manufacturer of the prescription drug. The name, address, telephone number, and professional license number of the importer. (i) In the case of a prescription drug that is shipped directly from the first foreign recipient of the prescription drug from the manufacturer: Documentation demonstrating that the prescription drug was received by the recipient from the manufacturer and subsequently shipped by the first foreign recipient to the importer. Documentation of the quantity of each lot of the prescription drug received by the first foreign recipient demonstrating that the quantity being imported into the United States is not more than the quantity that was received by the first foreign recipient. (aa) In the case of an initial imported shipment, documentation demonstrating that each batch of the prescription drug in the shipment was statistically sampled and tested for authenticity and degradation. In the case of any subsequent shipment, documentation demonstrating that a statistically valid sample of the shipment was tested for authenticity and degradation. In the case of a prescription drug that is not shipped directly from the first foreign recipient of the prescription drug from the manufacturer, documentation demonstrating that each batch in each shipment offered for importation into the United States was statistically sampled and tested for authenticity and degradation. Certification from the importer or manufacturer of the prescription drug that the prescription drug is approved for marketing in the United States and is not adulterated or misbranded. And meets all labeling requirements under this Act. Laboratory records, including complete data derived from all tests necessary to ensure that the prescription drug is in compliance with established specifications and standards. Documentation demonstrating that the testing required by subparagraphs (J) and (L) was conducted at a qualifying laboratory. Any other information that the Secretary determines is necessary to ensure the protection of the public health. Maintenance by the secretary. The Secretary shall maintain information and documentation submitted under paragraph (1) for such period of time as the Secretary determines to be necessary. Testing. The regulations under subsection (b) shall require that testing described in subparagraphs (J) and (L) of subsection (d)(1) be conducted by the importer or by the manufacturer of the prescription drug at a qualified laboratory. If the tests are conducted by the importer that information needed to authenticate the prescription drug being tested. And confirm that the labeling of the prescription drug complies with labeling requirements under this Act. Be supplied by the manufacturer of the prescription drug to the pharmacist or wholesaler. And that the information supplied under subparagraph (A) be kept in strict confidence and used only for purposes of testing or otherwise complying with this Act. And may include such additional provisions as the Secretary determines to be appropriate to provide for the protection of trade secrets and commercial or financial information that is privileged or confidential. Registration of Foreign Sellers. Any establishment within Canada engaged in the distribution of a prescription drug that is imported or offered for importation into the United States shall register with the Secretary the name and place of business of the establishment and the name of the United States agent for the establishment. Suspension of Importation. The Secretary shall require that importations of a specific prescription drug or importations by a specific importer under subsection (b) be immediately suspended on discovery of a pattern of importation of that specific prescription drug or by that specific importer of drugs that are counterfeit or in violation of any requirement under this section, until an investigation is completed and the Secretary determines that the public is adequately protected from counterfeit and violative prescription drugs being imported under subsection (b). Approved Labeling. The manufacturer of a prescription drug shall provide an importer written authorization for the importer to use, at no cost, the approved labeling for the prescription drug. Charitable Contributions. Notwithstanding any other provision of this section, section 801(d)(1) continues to apply to a prescription drug that is donated or otherwise supplied at no charge by the manufacturer of the drug to a charitable or humanitarian organization or to a government of a foreign country. Waiver Authority for Importation by Individuals. Declarations. Congress declares that in the enforcement against individuals of the prohibition of importation of prescription drugs and devices, the Secretary should focus enforcement on cases in which the importation by an individual poses a significant threat to public health. And exercise discretion to permit individuals to make such importations in circumstances in which the importation is clearly for personal use. And the prescription drug or device imported does not appear to present an unreasonable risk to the individual. Waiver authority. In general. The Secretary may grant to individuals, by regulation or on a case-by-case basis, a waiver of the prohibition of importation of a prescription drug or device or class of prescription drugs or devices, under such conditions as the Secretary determines to be appropriate. Guidance on case-by-case waivers. The Secretary shall publish, and update as necessary, guidance that accurately describes circumstances in which the Secretary will consistently grant waivers on a case-by-case basis under subparagraph (A), so that individuals may know with the greatest practicable degree of certainty whether a particular importation for personal use will be permitted. Drugs imported from canada. In particular, the Secretary shall by regulation grant individuals a waiver to permit individuals to import into the United States a prescription drug that is imported from a licensed pharmacy for personal use by an individual, not for resale, in quantities that do not exceed a 90-day supply, is accompanied by a copy of a valid prescription. Is imported from Canada, from a seller registered with the Secretary. Is a prescription drug approved by the Secretary under chapter V. Is in the form of a final finished dosage that was manufactured in an establishment registered under section 510. And is imported under such other conditions as the Secretary determines to be necessary to ensure public safety. Construction. Nothing in this section limits the authority of the Secretary relating to the importation of prescription drugs, other than with respect to section 801(d)(1) as provided in this section. Authorization of Appropriations. There are authorized to be appropriated such sums as are necessary to carry out this section.". Conforming Amendments. The Federal Food, Drug, and Cosmetic Act is amended (

Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States. Sets forth specified provisions respecting: (1) importer and foreign seller recordkeeping and information requirements, (2) qualified laboratory drug testing, (3) registration with the Secretary of Canadian sellers. And (4) approved labeling. Declares that the Secretary should: (1) focus enforcement on cases in which individual importation poses a significant public health threat. And (2) exercise discretion to permit individuals to make such importation for non-risk personal use. Authorizes the Secretary to grant individuals a waiver of the prohibition of importation of a prescription drug or device. Directs the Secretary to grant individuals a waiver of such prohibition for an approved prescription drug imported from Canada that is: (1) imported from a licensed pharmacy for not more than 90-day personal use, (2) accompanied by a valid prescription. (3) in a final finished dosage that was manufactured in a registered establishment. And (4) imported under such other conditions as the Secretary determines necessary to ensure public safety.

To amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of prescription drugs.

112_hr1542

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supermarket Tax Credit for Underserved Areas Act''. SEC. 2. TAX INCENTIVES FOR ESTABLISHMENT OF SUPERMARKETS IN CERTAIN UNDERSERVED AREAS. (a) In General.--Subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IV--TAX INCENTIVES FOR SUPERMARKETS IN UNDERSERVED AREAS ``Sec. 1400V-1. Increased rehabilitation credit. ``Sec. 1400V-2. Increased work opportunity tax credit. ``Sec. 1400V-3. Credit for sales of locally grown fresh fruits and vegetables. ``Sec. 1400V-4. Definitions. ``SEC. 1400V-1. INCREASED REHABILITATION CREDIT. ``(a) In General.--In the case of a qualified rehabilitated building (as defined in section 47) which is an underserved area supermarket, subsection (a) of section 47 shall be applied-- ``(1) by substituting `12 percent' for `10 percent' in paragraph (1), and ``(2) by substituting `24 percent' for `20 percent' in paragraph (2). ``(b) Underserved Area Supermarket.--For purposes of subsection (a), a qualified rehabilitated building shall be treated as meeting the requirements of subparagraphs (A), (B), (C), and (D) of section 1400V- 4(a)(2) if it is reasonable to believe that such building will meet such requirements as of the close of the taxable year in which such building is placed in service. ``(c) Termination.--Subsection (a) shall only apply to buildings placed in service after December 31, 2011, and before January 1, 2014. ``SEC. 1400V-2. INCREASED WORK OPPORTUNITY TAX CREDIT. ``(a) In General.--In the case of an individual employed in the trade or business of operating a new underserved area supermarket, the limitation otherwise in effect under paragraph (3) of section 51(b) with respect to such individual shall be increased by $1,000. ``(b) Termination.--Subsection (a) shall only apply to wages paid in taxable years beginning after December 31, 2011, and before January 1, 2017. ``SEC. 1400V-3. CREDIT FOR SALES OF LOCALLY GROWN FRESH FRUITS AND VEGETABLES. ``(a) In General.--For purposes of section 38, the underserved area supermarket fruit and vegetable credit determined under this section for the taxable year is 15 percent of the gross receipts from the retail sale of locally grown fresh fruits and vegetables in the trade or business of operating a new underserved area supermarket. ``(b) Termination.--Subsection (a) shall only apply to taxable years beginning after December 31, 2012, and before January 1, 2017. ``SEC. 1400V-4. DEFINITIONS. ``For purposes of this part-- ``(1) Underserved area supermarket.--The term `underserved area supermarket' means any supermarket located in an underserved area. ``(2) New underserved area supermarket.--The term `new underserved area supermarket' means any underserved area supermarket which-- ``(A) is placed in service after December 31, 2011, and ``(B) was not a supermarket at any time during the 3-year period ending on the date such underserved area supermarket is placed in service. ``(3) Supermarket.--The term `supermarket' means any building if-- ``(A) not less than 12,000 square feet and not more than 80,000 square feet of such building is used for selling items at retail, ``(B) at least 7 percent of the square feet of such building which is used for selling items at retail is used for selling produce, meat, fish, deli, and dairy items, ``(C) gross sales of items sold at retail from such building exceed $2,000,000 annually, and ``(D) at least 7 percent of such gross sales are attributable to sales of produce, meat, fish, deli, and dairy items. ``(4) Underserved area.--The term `underserved area' means-- ``(A) any enterprise community or empowerment zone with a designation in effect under section 1391, and ``(B) any renewal community with respect to which a designation was in effect under section 1400E on December 31, 2009.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to general business credit) 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) the underserved area supermarket fruit and vegetable credit determined under section 1400V-3.''. (c) Clerical Amendment.--The table of parts for subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item: ``Part IV. Tax Incentives for Supermarkets in Underserved Areas''.

Supermarket Tax Credit for Underserved Areas Act - Amends the Internal Revenue Code to: (1) increase the rate of the rehabilitation tax credit for a supermarket building placed in service after December 31, 2011, and before January 1, 2014, in an underserved area. (2) increase by $1,000 the the limit on wages eligible for the work opportunity tax credit for employees of a supermarket located in an underserved area. And (3) allow a business-related tax credit for 15 of the gross receipts from the retail sale of locally-grown fresh fruits and vegetables in a supermarket in an underserved area.

To amend the Internal Revenue Code of 1986 to provide tax incentives for the establishment of supermarkets in certain underserved areas.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Supermarket Tax Credit for Underserved Areas Act". <SECTION-HEADER> TAX INCENTIVES FOR ESTABLISHMENT OF SUPERMARKETS IN CERTAIN UNDERSERVED AREAS. In General. Subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: "PART IV TAX INCENTIVES FOR SUPERMARKETS IN UNDERSERVED AREAS "Section 1400V-1. Increased rehabilitation credit. "Section 1400V-2. Increased work opportunity tax credit. "Section 1400V-3. Credit for sales of locally grown fresh fruits and vegetables. "Section 1400V-4. Definitions. "Section 1400V-1. INCREASED REHABILITATION CREDIT. In General. In the case of a qualified rehabilitated building which is an underserved area supermarket, subsection (a) of section 47 shall be applied by substituting `12 percent' for `10 percent' in paragraph (1), and by substituting `24 percent' for `20 percent' in paragraph (2). Underserved Area Supermarket. For purposes of subsection , a qualified rehabilitated building shall be treated as meeting the requirements of subparagraphs (A), (B), (C), and (D) of section 1400V- 4(a)(2) if it is reasonable to believe that such building will meet such requirements as of the close of the taxable year in which such building is placed in service. Termination. Subsection (a) shall only apply to buildings placed in service after December 31, 2011, and before January 1, 2014. "Section 1400V-2. INCREASED WORK OPPORTUNITY TAX CREDIT. In General. In the case of an individual employed in the trade or business of operating a new underserved area supermarket, the limitation otherwise in effect under paragraph (3) of section 51(b) with respect to such individual shall be increased by $1,000. Termination. Subsection (a) shall only apply to wages paid in taxable years beginning after December 31, 2011, and before January 1, 2017. "Section 1400V-3. CREDIT FOR SALES OF LOCALLY GROWN FRESH FRUITS AND VEGETABLES. In General. For purposes of section 38, the underserved area supermarket fruit and vegetable credit determined under this section for the taxable year is 15 percent of the gross receipts from the retail sale of locally grown fresh fruits and vegetables in the trade or business of operating a new underserved area supermarket. Termination. Subsection (a) shall only apply to taxable years beginning after December 31, 2012, and before January 1, 2017. "Section 1400V-4. DEFINITIONS. "For purposes of this part Underserved area supermarket. The term `underserved area supermarket' means any supermarket located in an underserved area. New underserved area supermarket. The term `new underserved area supermarket' means any underserved area supermarket which is placed in service after December 31, 2011, and was not a supermarket at any time during the 3-year period ending on the date such underserved area supermarket is placed in service. Supermarket. The term `supermarket' means any building if not less than 12,000 square feet and not more than 80,000 square feet of such building is used for selling items at retail, at least 7 percent of the square feet of such building which is used for selling items at retail is used for selling produce, meat, fish, deli, and dairy items, gross sales of items sold at retail from such building exceed $2,000,000 annually, and at least 7 percent of such gross sales are attributable to sales of produce, meat, fish, deli, and dairy items. Underserved area. The term `underserved area' means any enterprise community or empowerment zone with a designation in effect under section 1391, and any renewal community with respect to which a designation was in effect under section 1400E on December 31, 2009.". Credit To Be Part of General Business Credit. Subsection (b) of section 38 of such Code is amended by striking "plus" at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ", plus", and by adding at the end the following new paragraph: the underserved area supermarket fruit and vegetable credit determined under section 1400V-3.". Clerical Amendment. The table of parts for subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item: "Part IV. Tax Incentives for Supermarkets in Underserved Areas".

Supermarket Tax Credit for Underserved Areas Act - Amends the Internal Revenue Code to: (1) increase the rate of the rehabilitation tax credit for a supermarket building placed in service after December 31, 2011, and before January 1, 2014, in an underserved area. (2) increase by $1,000 the the limit on wages eligible for the work opportunity tax credit for employees of a supermarket located in an underserved area. And (3) allow a business-related tax credit for 15 of the gross receipts from the retail sale of locally-grown fresh fruits and vegetables in a supermarket in an underserved area.

To amend the Internal Revenue Code of 1986 to provide tax incentives for the establishment of supermarkets in certain underserved areas.

109_hr5237

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Trade Requires Unmitigated Truth in Health (TRUTH) Act'' . SEC. 2. FINDINGS. The Congress finds as follows: (1) The rise of global trade has created both new commercial opportunities and new health risks. (2) Governments have the right and responsibility to protect their countries from the threat of disease. (3) Trade is responsible for contributing to the rapid spread of disease around the globe and increases the risk of a pandemic outbreak. (4) Those who participate in world trade, therefore, have a responsibility to promptly report and appropriately respond to infectious diseases on a timely basis to minimize the potential for global pandemics. (5) The World Health Organization has created the World Health Organization International Health Regulations to prevent, protect against, and control disease and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and that avoid unnecessary interference with international traffic and trade. (6) The failure of countries to be transparent and responsive to the existence or spread of disease in a country that is a member of the World Trade Organization threatens the free flow of goods and services that is a primary objective of the GATT 1994 and other agreements of the World Trade Organization. (7) The experience with the SARS outbreak in 2002 and 2003 should be a clear warning that the system of public health readiness can be easily compromised by delays in reporting the earliest cases of an outbreak by a country reluctant to publicize a problem with an economic downside, no matter the public health consequences. (8) If a country fails to abide by regulations which are designed to prevent, protect against, and control disease and provide a public health response to the international spread of disease without unnecessary interference with international traffic and trade, it may be necessary to take actions against that country which restrict or otherwise interfere with international traffic or trade in the best interest of public health. SEC. 3. WTO PROPOSAL. (a) Action by United States Trade Representative.--The United States Trade Representative shall-- (1) propose to the World Trade Organization that the rights and obligations of the World Trade Organization should take into account whether countries are undermining the trade system by failing to abide by the rules of other international organizations with regard to public health, specifically the International Health Regulations of the World Health Organization; and (2) include in the proposal options for its implementation, such as-- (A) provisions that would give members of the World Trade Organization the right to impose sanctions or other punitive measures on members that have been found to violate the International Health Regulations of the World Health Organization; and (B) membership criteria for current and potential members of the World trade Organization that would include the requirement to uphold the trade system by abiding by rules of other international organizations with regard to public health. (b) Report to Congress.--The United States Trade Representative shall report to the Congress, not later than 90 days after the date of the enactment of this Act, and not later than the end of each 90-day period thereafter, on steps the Trade Representative has taken to carry out subsection (a), and the results of those steps. SEC. 4. ANNUAL REPORT ON COUNTRY COMPLIANCE WITH INTERNATIONAL HEALTH REGULATIONS. (a) In General.--The Secretary of Health and Human Services shall transmit to the Speaker of the House of Representatives and the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, not later than December 1, 2006, and not later than December 1 of each year thereafter, a full and complete report regarding the status of the compliance with and observance of the International Health Regulations of the World Health Organization in each country that is a member of that Organization. (b) Contents.--Each report under subsection (a) shall include the following information: (1) The extent to which each country complies with and enforces the requirements contained in the International Health Regulations. (2) The extent to which each country uses effective epidemiological principles to detect, reduce, or eliminate the sources from which infection spreads, to improve sanitation in and around ports and airports, to prevent the dissemination of vectors, and, in general, to encourage epidemiological activities on the national level so that there is little risk of outside infection establishing itself in that country. (3) The steps that the Secretary has taken to alter United States programs or policies with respect to any country because of unsatisfactory compliance with the International Health Regulations. (4) For each country in which the report indicates that the country's health administration has failed to notify the World Health Organization within 24 hours of its being informed that the first case of a disease subject to the International Health Regulations, that is neither an imported case nor a transferred case, has occurred in its territory, or, within the subsequent 24 hours, has failed to notify the infected area, the extent to which the United States has taken or will take action to encourage such notifications. (5) The extent to which each country communicates frequent and detailed information to the World Health Organization about the presence of plague, cholera, yellow fever, avian influenza, Severe Acute Respiratory Syndrome (SARS), and any other disease determined by the Secretary that is present in its country. The report shall describe whether each country communicates to the World Health Organization the number of cases and deaths at least once each week, and the precautions taken to prevent the spread of the disease, in particular the measures which are being applied to prevent the spread of the disease to other territories by vessels, aircraft, trains, road vehicles, other means of transport, and containers leaving the infected area. (6) What steps the government of each country has taken to ensure that ports and airports in its territory have at their disposal an organization and equipment adequate for the application of the measures provided for in the International Health Regulations. (7) What steps the government of each country has taken to make available, at as many of the ports and airports in a territory as practicable, an organized medical and health service with adequate staff, equipment, and premises, in particular facilities for the prompt isolation and care of infected persons, for disinfection, disinsecting, and deratting, for bacteriological investigation, for the collection and examination of rodents for plague infection, for collection of water and food samples and their dispatch to a laboratory for examination, and for other appropriate measures provided for by the International Health Regulations.

Global Trade Requires Unmitigated Truth in Health (TRUTH) Act - Requires the US Trade Representative (USTR) to: (1) propose to the World Trade Organization (WTO) that its rights and obligations should take into account whether countries are undermining the trade system by failing to abide by the rules of other international organizations with regard to public health, specifically the International Health Regulations of the World Health Organization. And (2) include in the proposal specified options for its implementation. Requires the Secretary of Health and Human Services to report to the Speaker of the House of Representatives and specified congressional committees on the status of the compliance with and observance of such Regulations in each member country of the Organization.

To seek the inclusion of certain requirements of the International Health Regulations of the World Health Organization as obligations under the World Trade Organization.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Global Trade Requires Unmitigated Truth in Health (TRUTH) Act" . <SECTION-HEADER> FINDINGS. The Congress finds as follows: The rise of global trade has created both new commercial opportunities and new health risks. Governments have the right and responsibility to protect their countries from the threat of disease. Trade is responsible for contributing to the rapid spread of disease around the globe and increases the risk of a pandemic outbreak. Those who participate in world trade, therefore, have a responsibility to promptly report and appropriately respond to infectious diseases on a timely basis to minimize the potential for global pandemics. The World Health Organization has created the World Health Organization International Health Regulations to prevent, protect against, and control disease and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and that avoid unnecessary interference with international traffic and trade. The failure of countries to be transparent and responsive to the existence or spread of disease in a country that is a member of the World Trade Organization threatens the free flow of goods and services that is a primary objective of the GATT 1994 and other agreements of the World Trade Organization. The experience with the SARS outbreak in 2002 and 2003 should be a clear warning that the system of public health readiness can be easily compromised by delays in reporting the earliest cases of an outbreak by a country reluctant to publicize a problem with an economic downside, no matter the public health consequences. If a country fails to abide by regulations which are designed to prevent, protect against, and control disease and provide a public health response to the international spread of disease without unnecessary interference with international traffic and trade, it may be necessary to take actions against that country which restrict or otherwise interfere with international traffic or trade in the best interest of public health. <SECTION-HEADER> WTO PROPOSAL. Action by United States Trade Representative. The United States Trade Representative shall propose to the World Trade Organization that the rights and obligations of the World Trade Organization should take into account whether countries are undermining the trade system by failing to abide by the rules of other international organizations with regard to public health, specifically the International Health Regulations of the World Health Organization. And include in the proposal options for its implementation, such as provisions that would give members of the World Trade Organization the right to impose sanctions or other punitive measures on members that have been found to violate the International Health Regulations of the World Health Organization. And membership criteria for current and potential members of the World trade Organization that would include the requirement to uphold the trade system by abiding by rules of other international organizations with regard to public health. Report to Congress. The United States Trade Representative shall report to the Congress, not later than 90 days after the date of the enactment of this Act, and not later than the end of each 90-day period thereafter, on steps the Trade Representative has taken to carry out subsection (a), and the results of those steps. <SECTION-HEADER> ANNUAL REPORT ON COUNTRY COMPLIANCE WITH INTERNATIONAL HEALTH REGULATIONS. In General. The Secretary of Health and Human Services shall transmit to the Speaker of the House of Representatives and the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, not later than December 1, 2006, and not later than December 1 of each year thereafter, a full and complete report regarding the status of the compliance with and observance of the International Health Regulations of the World Health Organization in each country that is a member of that Organization. Contents. Each report under subsection (a) shall include the following information: The extent to which each country complies with and enforces the requirements contained in the International Health Regulations. The extent to which each country uses effective epidemiological principles to detect, reduce, or eliminate the sources from which infection spreads, to improve sanitation in and around ports and airports, to prevent the dissemination of vectors, and, in general, to encourage epidemiological activities on the national level so that there is little risk of outside infection establishing itself in that country. The steps that the Secretary has taken to alter United States programs or policies with respect to any country because of unsatisfactory compliance with the International Health Regulations. For each country in which the report indicates that the country's health administration has failed to notify the World Health Organization within 24 hours of its being informed that the first case of a disease subject to the International Health Regulations, that is neither an imported case nor a transferred case, has occurred in its territory, or, within the subsequent 24 hours, has failed to notify the infected area, the extent to which the United States has taken or will take action to encourage such notifications. The extent to which each country communicates frequent and detailed information to the World Health Organization about the presence of plague, cholera, yellow fever, avian influenza, Severe Acute Respiratory Syndrome (SARS), and any other disease determined by the Secretary that is present in its country. The report shall describe whether each country communicates to the World Health Organization the number of cases and deaths at least once each week, and the precautions taken to prevent the spread of the disease, in particular the measures which are being applied to prevent the spread of the disease to other territories by vessels, aircraft, trains, road vehicles, other means of transport, and containers leaving the infected area. What steps the government of each country has taken to ensure that ports and airports in its territory have at their disposal an organization and equipment adequate for the application of the measures provided for in the International Health Regulations. What steps the government of each country has taken to make available, at as many of the ports and airports in a territory as practicable, an organized medical and health service with adequate staff, equipment, and premises, in particular facilities for the prompt isolation and care of infected persons, for disinfection, disinsecting, and deratting, for bacteriological investigation, for the collection and examination of rodents for plague infection, for collection of water and food samples and their dispatch to a laboratory for examination, and for other appropriate measures provided for by the International Health Regulations.

Global Trade Requires Unmitigated Truth in Health (TRUTH) Act - Requires the US Trade Representative (USTR) to: (1) propose to the World Trade Organization (WTO) that its rights and obligations should take into account whether countries are undermining the trade system by failing to abide by the rules of other international organizations with regard to public health, specifically the International Health Regulations of the World Health Organization. And (2) include in the proposal specified options for its implementation. Requires the Secretary of Health and Human Services to report to the Speaker of the House of Representatives and specified congressional committees on the status of the compliance with and observance of such Regulations in each member country of the Organization.

To seek the inclusion of certain requirements of the International Health Regulations of the World Health Organization as obligations under the World Trade Organization.

114_s1312

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Supply and Distribution Act of 2015''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to adopt certain recommendations of the Quadrennial Energy Review of 2015; (2) to enhance the integration of energy markets; (3) to improve the collection of energy data and analysis; and (4) to promote the production and distribution of energy in the United States. SEC. 3. DEFINITIONS. In this Act: (a) Administrator.--The term ``Administrator'' means the Administrator of the Energy Information Administration. (b) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. SENSE OF CONGRESS RELATING TO DOMESTIC ENERGY. It is the sense of Congress that the production and distribution of energy in the United States requires access to infrastructure and markets. SEC. 5. ENERGY SECURITY. (a) In General.--The Secretary-- (1) shall collaborate with the heads of other Federal agencies to improve the conceptual development of energy security; and (2) may consult with allies and key trading partners of the United States with respect to energy security issues resulting from changes in the energy marketplace. (b) Considerations.--At a minimum, the Secretary shall ensure that, as part of the collaboration required under subsection (a)(1), the following are considered: (1) The development of flexible, transparent, and competitive energy markets, including natural gas and oil markets (2) The diversification of energy fuels, sources, and routes. (3) The encouragement of indigenous sources of energy supply. SEC. 6. SHARED INFRASTRUCTURE. The Secretary shall lead an interagency effort to improve and coordinate data collection and analytical and modeling capabilities for energy distribution on shared energy infrastructure. SEC. 7. ENERGY MARKET INTEGRATION. The Secretary shall coordinate the training of, and enhanced dialogue among, technical staff in applicable Federal agencies that are responsible for evaluating and implementing cross-border energy projects. SEC. 8. SENSE OF CONGRESS RELATING TO HYDROCARBON PRODUCTION. It is the sense of Congress that, as stated in the Annual Energy Outlook of 2015 of the Energy Information Administration, growth in crude oil and dry natural gas production varies significantly across oil and natural gas supply regions-- (1) forcing shifts in crude oil and natural gas flows between regions of the United States; and (2) requiring investment in or realignment of pipelines and other midstream infrastructure. SEC. 9. ENERGY DATA COLLABORATION. (a) In General.--The Administrator shall collaborate with the appropriate officials in Canada and Mexico, as determined by the Administrator, to improve-- (1) the quality and transparency of North American energy data through reconciliation of data on energy trade flows among the United States, Canada, and Mexico; (2) the extension of energy mapping capabilities in the United States, Canada, and Mexico; and (3) the development of common energy data terminology among the United States, Canada, and Mexico. (b) Periodic Updates.--The Administrator shall periodically inform the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding-- (1) the extent to which energy data is being shared under subsection (a); and (2) whether forward-looking projections for regional energy flows are improving in accuracy as a result of the energy data sharing under that subsection. SEC. 10. SENSE OF CONGRESS RELATING TO PROCESSED CONDENSATE. It is the sense of Congress that processed condensate is a petroleum product. SEC. 11. DEVELOPMENT OF DEFINITION OF CONDENSATE. (a) In General.--The Secretary shall-- (1) develop a standard definition of the term ``condensate''; and (2) advise relevant Federal agencies to adopt that definition for the purpose of clarifying energy policy in the United States. (b) Office of Fossil Energy Assessment.--The Assistant Secretary for Fossil Energy may assess the suitability of condensate separately from crude oil for use in strategic reserves, as determined necessary by the Secretary. (c) Energy Information Administration Data Collection.--The Administrator may collect data regarding condensate and crude oil production in the United States. SEC. 12. DEPARTMENT OF INTERIOR ASSESSMENTS. (a) In General.--The Secretary of the Interior shall direct the appropriate agencies within the Department of the Interior to assess condensate separately from crude oil, in accordance with this section. (b) Office of Natural Resources Revenue.--The Director of the Office of Natural Resources Revenue may collect data regarding condensate separately from crude oil produced in the United States. (c) Bureau of Ocean Energy Management.--The Director of the Bureau of Ocean Energy Management may estimate condensate separately from crude oil as part of the resource assessments regarding geological formations in the United States. (d) United States Geological Survey.--The Director of the United States Geological Survey may include estimates of condensate separately from crude oil as part of the resource assessments regarding geological formations in the United States. SEC. 13. ACCESS TO MARKETS. (a) In General.--Notwithstanding any other provision of law, to promote the efficient exploration, production, storage, supply, and distribution of energy resources, any domestic crude oil or condensate (other than crude oil stored in the Strategic Petroleum Reserve) may be exported without a Federal license to countries not subject to sanctions by the United States. (b) Savings Clause.--Nothing in this section limits the authority of the President under the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), or part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.) to prohibit exports.

Energy Supply and Distribution Act of 2015 This bill declares that the production and distribution of energy in the United States requires access to infrastructure and markets. The Department of Energy (DOE) must collaborate with federal agencies to improve the conceptual development of energy security, considering at a minimum: (1) development of flexible, transparent, and competitive energy markets, including natural gas and oil. And (2) diversification of energy fuels, sources, and routes, and the encouragement of indigenous sources of energy supply. DOE must also coordinate interagency: (1) data collection for energy distribution on shared energy infrastructure, and (2) training to evaluate and implement cross-border energy projects. It is the sense of Congress that growth in crude oil and dry natural gas production varies significantly across oil and natural gas supply regions, thereby: (1) forcing shifts in crude oil and natural gas flows between regions of the United States, and (2) requiring investment or realignment of midstream infrastructure including pipelines. The Energy Information Administration must collaborate with officials in Canada and Mexico to reconcile data on energy trade flows, extend energy mapping capabilities, and develop common energy data terminology. Congress declares that processed condensate is a petroleum product. The DOE Office of Fossil Energy Assessment may assess the suitability of condensate separately from crude oil for use in strategic reserves, while certain agencies within the Department of the Interior must assess condensate separately from crude oil. The bill authorizes: (1) the Bureau of Ocean Energy Management to estimate condensate separately from crude oil as part of the resource assessments regarding domestic geological formations, (2) the Office of Natural Resources Revenue to collect condensate data separately from crude oil, and (3) the United States Geological Survey to include estimates of condensate separately from crude oil as part of the resource assessments regarding domestic geological formations. Domestic crude oil or condensate may be exported without a federal license to countries not subject to US sanctions.

Energy Supply and Distribution Act of 2015

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Energy Supply and Distribution Act of 2015". <SECTION-HEADER> PURPOSES. The purposes of this Act are to adopt certain recommendations of the Quadrennial Energy Review of 2015, to enhance the integration of energy markets, to improve the collection of energy data and analysis. And to promote the production and distribution of energy in the United States. <SECTION-HEADER> DEFINITIONS. In this Act: Administrator. The term "Administrator" means the Administrator of the Energy Information Administration. Secretary. The term "Secretary" means the Secretary of Energy. <SECTION-HEADER> SENSE OF CONGRESS RELATING TO DOMESTIC ENERGY. It is the sense of Congress that the production and distribution of energy in the United States requires access to infrastructure and markets. <SECTION-HEADER> ENERGY SECURITY. In General. The Secretary shall collaborate with the heads of other Federal agencies to improve the conceptual development of energy security. And may consult with allies and key trading partners of the United States with respect to energy security issues resulting from changes in the energy marketplace. Considerations. At a minimum, the Secretary shall ensure that, as part of the collaboration required under subsection (a)(1), the following are considered: The development of flexible, transparent, and competitive energy markets, including natural gas and oil markets The diversification of energy fuels, sources, and routes. The encouragement of indigenous sources of energy supply. <SECTION-HEADER> SHARED INFRASTRUCTURE. The Secretary shall lead an interagency effort to improve and coordinate data collection and analytical and modeling capabilities for energy distribution on shared energy infrastructure. <SECTION-HEADER> ENERGY MARKET INTEGRATION. The Secretary shall coordinate the training of, and enhanced dialogue among, technical staff in applicable Federal agencies that are responsible for evaluating and implementing cross-border energy projects. <SECTION-HEADER> SENSE OF CONGRESS RELATING TO HYDROCARBON PRODUCTION. It is the sense of Congress that, as stated in the Annual Energy Outlook of 2015 of the Energy Information Administration, growth in crude oil and dry natural gas production varies significantly across oil and natural gas supply regions forcing shifts in crude oil and natural gas flows between regions of the United States. And requiring investment in or realignment of pipelines and other midstream infrastructure. <SECTION-HEADER> ENERGY DATA COLLABORATION. In General. The Administrator shall collaborate with the appropriate officials in Canada and Mexico, as determined by the Administrator, to improve the quality and transparency of North American energy data through reconciliation of data on energy trade flows among the United States, Canada, and Mexico. The extension of energy mapping capabilities in the United States, Canada, and Mexico. And the development of common energy data terminology among the United States, Canada, and Mexico. Periodic Updates. The Administrator shall periodically inform the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding the extent to which energy data is being shared under subsection (a). And whether forward-looking projections for regional energy flows are improving in accuracy as a result of the energy data sharing under that subsection. <SECTION-HEADER> SENSE OF CONGRESS RELATING TO PROCESSED CONDENSATE. It is the sense of Congress that processed condensate is a petroleum product. <SECTION-HEADER> DEVELOPMENT OF DEFINITION OF CONDENSATE. In General. The Secretary shall develop a standard definition of the term "condensate". And advise relevant Federal agencies to adopt that definition for the purpose of clarifying energy policy in the United States. Office of Fossil Energy Assessment. The Assistant Secretary for Fossil Energy may assess the suitability of condensate separately from crude oil for use in strategic reserves, as determined necessary by the Secretary. Energy Information Administration Data Collection. The Administrator may collect data regarding condensate and crude oil production in the United States. <SECTION-HEADER> DEPARTMENT OF INTERIOR ASSESSMENTS. In General. The Secretary of the Interior shall direct the appropriate agencies within the Department of the Interior to assess condensate separately from crude oil, in accordance with this section. Office of Natural Resources Revenue. The Director of the Office of Natural Resources Revenue may collect data regarding condensate separately from crude oil produced in the United States. Bureau of Ocean Energy Management. The Director of the Bureau of Ocean Energy Management may estimate condensate separately from crude oil as part of the resource assessments regarding geological formations in the United States. United States Geological Survey. The Director of the United States Geological Survey may include estimates of condensate separately from crude oil as part of the resource assessments regarding geological formations in the United States. <SECTION-HEADER> ACCESS TO MARKETS. In General. Notwithstanding any other provision of law, to promote the efficient exploration, production, storage, supply, and distribution of energy resources, any domestic crude oil or condensate may be exported without a Federal license to countries not subject to sanctions by the United States. Savings Clause. Nothing in this section limits the authority of the President under the Constitution, the International Emergency Economic Powers Act , the National Emergencies Act , or part B of title II of the Energy Policy and Conservation Act to prohibit exports.

Energy Supply and Distribution Act of 2015 This bill declares that the production and distribution of energy in the United States requires access to infrastructure and markets. The Department of Energy (DOE) must collaborate with federal agencies to improve the conceptual development of energy security, considering at a minimum: (1) development of flexible, transparent, and competitive energy markets, including natural gas and oil. And (2) diversification of energy fuels, sources, and routes, and the encouragement of indigenous sources of energy supply. DOE must also coordinate interagency: (1) data collection for energy distribution on shared energy infrastructure, and (2) training to evaluate and implement cross-border energy projects. It is the sense of Congress that growth in crude oil and dry natural gas production varies significantly across oil and natural gas supply regions, thereby: (1) forcing shifts in crude oil and natural gas flows between regions of the United States, and (2) requiring investment or realignment of midstream infrastructure including pipelines. The Energy Information Administration must collaborate with officials in Canada and Mexico to reconcile data on energy trade flows, extend energy mapping capabilities, and develop common energy data terminology. Congress declares that processed condensate is a petroleum product. The DOE Office of Fossil Energy Assessment may assess the suitability of condensate separately from crude oil for use in strategic reserves, while certain agencies within the Department of the Interior must assess condensate separately from crude oil. The bill authorizes: (1) the Bureau of Ocean Energy Management to estimate condensate separately from crude oil as part of the resource assessments regarding domestic geological formations, (2) the Office of Natural Resources Revenue to collect condensate data separately from crude oil, and (3) the United States Geological Survey to include estimates of condensate separately from crude oil as part of the resource assessments regarding domestic geological formations. Domestic crude oil or condensate may be exported without a federal license to countries not subject to US sanctions.

Energy Supply and Distribution Act of 2015

111_s3684

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cavernous Angioma CARE Center Act of 2010''. SEC. 2. FINDINGS. Congress finds as follows: (1) Cavernous angioma, also termed ``cerebral cavernous malformations'' or ``CCM'', affects an estimated 1,500,000 people in the United States. (2) Cavernous angioma is a devastating blood vessel disease that is characterized by the presence of vascular lesions that develop and grow within the brain and spinal cord. (3) Detection of cavernous angioma lesions is achieved though costly and specialized medical imaging techniques. (4) Cavernous angioma is a common type of vascular anomaly, but individuals may not be aware that they have the disease until the onset of serious clinical symptoms. (5) Individuals diagnosed with cavernous angioma may experience neurological deficits, seizure, stroke, or sudden death. (6) Due to limited research with respect to cavernous angioma, there is no treatment regimen for the disease other than brain and spinal surgery. (7) Some individuals with cavernous angioma are not candidates for brain surgery, and no treatment option is available for such individuals. (8) There is a shortage of physicians who are familiar with cavernous angioma and affected individuals may find it difficult to receive timely diagnosis and appropriate care. (9) Due to the presence of a specific disease-causing mutation, termed the ``common Hispanic mutation'' that has passed through as many as 17 generations of Americans descended from the original Spanish settlers of the Southwest in the 1590s, New Mexico has the highest population density of cavernous angioma in the world. Cavernous angioma affects tens of thousands of individuals in New Mexico. (10) Other States with high rates of cavernous angioma include Texas, Arizona, and Colorado. (11) Senate Resolution 148, 111th Congress, agreed to May 13, 2009, which was adopted unanimously, expresses the sense of the Senate that there is a critical need to increase research, awareness, and education about cerebral cavernous malformations. (12) The National Institutes of Health promotes advances in biomedical research by supporting extramural research at institutes of higher education, in part through extramural centers of excellence. These centers promote research through a multidisciplinary, team-based approach in order to better understand complex biomedical systems and translate basic scientific discoveries into useful clinical applications. (13) To address the public health threat posed by cavernous angioma in New Mexico and throughout the United States, there is a need for a Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center in order to provide a model medical system for other such centers, to facilitate medical research to develop a cure for cavernous angioma, and to enhance the medical care of individuals with cavernous angioma nationwide. (14) Given the existing programs and expertise at the University of New Mexico, the first coordinated, centralized Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center should be established at the University of New Mexico. SEC. 3. CAVERNOUS ANGIOMA CARE CENTER. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. CAVERNOUS ANGIOMA CARE CENTERS OF EXCELLENCE. ``(a) Establishment of New Mexico Cavernous Angioma CARE Center of Excellence.--The Director of NIH shall establish a coordinated, centralized Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center of Excellence at the University of New Mexico (referred to in this section as the `CARE Center') to provide basic, translational, and clinical research with respect to new diagnostic, prevention, and novel treatment methodology for individuals with cavernous angioma, and to serve as a model for medical schools and research institutions and to provide support to such schools and institutions. ``(b) Requirements.--The CARE Center established under subsection (a) shall-- ``(1) consist of full- and part-time cavernous angioma researchers, clinicians, and medical staff including-- ``(A) a medical director with expertise in cavernous angioma research and clinical care; ``(B) a headache or pain specialist; ``(C) an epilepsy specialist; ``(D) a psychiatrist; ``(E) a neuropsychologist; ``(F) a dermatologist; ``(G) a nurse practitioner with a specialty in neurology or neurosurgery; ``(H) a nurse coordinator to facilitate patient advocacy and research; ``(I) a research coordinator to facilitate research; ``(J) a clinical nurse dedicated to clinical care and in-patient management; ``(K) a radiology specialist; ``(L) a clinical vascular fellow; ``(M) a basic science postdoctoral fellow; and ``(N) a genetic counselor; ``(2) be affiliated with a university medical center with an accredited medical school that provides education and training in neurological disease, in which medical students and residents receive education and training in the diagnosis and treatment of cavernous angioma; ``(3) maintain a program through which postdoctoral fellows receive research training in basic, translational, or clinical cavernous angioma research; ``(4) recruit new innovative researchers and clinicians to the field of cavernous angioma care and research; ``(5) establish a continuing medical education program through which medical clinicians receive professional training in cavernous angioma care and patient management; ``(6) maintain programs dedicated to patient advocacy, patient outreach, and education, including-- ``(A) launching a multimedia public awareness campaign; ``(B) creating and distributing patient education materials for distribution by national physician and surgeon offices; ``(C) establishing an education program for elementary and secondary school nurses to facilitate early detection and diagnosis of cavernous angioma; ``(D) coordinating regular patient and family- oriented educational conferences; and ``(E) developing electronic health teaching and communication tools and a network of professional capacity and patient and family support; ``(7) be capable of establishing and maintaining communication with other major cavernous angioma research and care institutions for information sharing and coordination of research activities; ``(8) facilitate translational projects and collaborations for clinical trials; and ``(9) establish an advisory board to advise and assist the Director of the CARE Center composed of-- ``(A) at least 1 individual with cavernous angioma or family member of such an individual; ``(B) at least 1 representative of a patient advocacy group; ``(C) at least 1 physician and at least 1 scientist with expertise in cavernous angioma and other relevant biomedical disciplines; and ``(D) at least 1 representative of the institution affiliated with the CARE Center. ``(c) Director of CARE Center.-- ``(1) In general.--The CARE Center shall be headed by a Director, who shall have expertise in cavernous angioma patient care and research. ``(2) Duties of the director.--To promote increased understanding and treatment of cavernous angioma and provide the highest quality medical and surgical care for individuals with cavernous angioma, the Director of the CARE Center shall-- ``(A) ensure that the CARE Center provides community-, family-, and patient-centered, culturally sensitive care; ``(B) encourage and coordinate opportunities for individuals to participate in clinical research studies that will advance medical research and care; and ``(C) develop the CARE Center as a model and training facility for other facilities throughout the United States that are engaged in research regarding, and care for individuals with, cavernous angioma. ``(d) Reporting.-- ``(1) In general.--Not later than 2 years after the date of enactment of the Cavernous Angioma CARE Center Act of 2010, and biannually thereafter, the advisory board established under subsection (b)(9) shall submit a report on the activities of the CARE Center to the Secretary. ``(2) Content.--The report described in paragraph (1) shall include-- ``(A) a description of the progress made in implementing the requirements of this section; ``(B) a description of the amount expended on the implementation of such requirements; and ``(C) a description of other activities and outcomes of the CARE Center, as appropriate. ``(e) Authorization of Appropriations.--To establish and operate the Care Center, there is authorized to be appropriated $2,000,000 for fiscal year 2011.''.

Cavernous Angioma CARE Center Act of 2010 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to establish the Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center of Excellence at the University of New Mexico to: (1) provide basic, translational, and clinical research with respect to new diagnostic, prevention, and novel treatment methodology for individuals with cavernous angioma. And (2) serve as a model for, and provide support to, medical schools and research institutions. Requires the Director of the Center to: (1) ensure that the Center provides community-, family-, and patient-centered culturally sensitive care. (2) encourage and coordinate opportunities for individuals to participate in clinical research studies that will advance medical research and care. And (3) develop the Center as a model and training facility for other facilities throughout the United States that are engaged in research regarding, and care for individuals with, cavernous angioma.

A bill to establish the Cavernous Angioma CARE Center (Clinical Care, Advocacy, Research and Education) at the University of New Mexico, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Cavernous Angioma CARE Center Act of 2010". <SECTION-HEADER> FINDINGS. Congress finds as follows: Cavernous angioma, also termed "cerebral cavernous malformations" or "CCM", affects an estimated 1,500,000 people in the United States. Cavernous angioma is a devastating blood vessel disease that is characterized by the presence of vascular lesions that develop and grow within the brain and spinal cord. Detection of cavernous angioma lesions is achieved though costly and specialized medical imaging techniques. Cavernous angioma is a common type of vascular anomaly, but individuals may not be aware that they have the disease until the onset of serious clinical symptoms. Individuals diagnosed with cavernous angioma may experience neurological deficits, seizure, stroke, or sudden death. Due to limited research with respect to cavernous angioma, there is no treatment regimen for the disease other than brain and spinal surgery. Some individuals with cavernous angioma are not candidates for brain surgery, and no treatment option is available for such individuals. There is a shortage of physicians who are familiar with cavernous angioma and affected individuals may find it difficult to receive timely diagnosis and appropriate care. Due to the presence of a specific disease-causing mutation, termed the "common Hispanic mutation" that has passed through as many as 17 generations of Americans descended from the original Spanish settlers of the Southwest in the 1590s, New Mexico has the highest population density of cavernous angioma in the world. Cavernous angioma affects tens of thousands of individuals in New Mexico. Other States with high rates of cavernous angioma include Texas, Arizona, and Colorado. Senate Resolution 148, 111th Congress, agreed to May 13, 2009, which was adopted unanimously, expresses the sense of the Senate that there is a critical need to increase research, awareness, and education about cerebral cavernous malformations. The National Institutes of Health promotes advances in biomedical research by supporting extramural research at institutes of higher education, in part through extramural centers of excellence. These centers promote research through a multidisciplinary, team-based approach in order to better understand complex biomedical systems and translate basic scientific discoveries into useful clinical applications. To address the public health threat posed by cavernous angioma in New Mexico and throughout the United States, there is a need for a Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center in order to provide a model medical system for other such centers, to facilitate medical research to develop a cure for cavernous angioma, and to enhance the medical care of individuals with cavernous angioma nationwide. Given the existing programs and expertise at the University of New Mexico, the first coordinated, centralized Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center should be established at the University of New Mexico. <SECTION-HEADER> CAVERNOUS ANGIOMA CARE CENTER. Part B of title IV of the Public Health Service Act is amended by adding at the end the following: "Section 409K. CAVERNOUS ANGIOMA CARE CENTERS OF EXCELLENCE. Establishment of New Mexico Cavernous Angioma CARE Center of Excellence. The Director of NIH shall establish a coordinated, centralized Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center of Excellence at the University of New Mexico to provide basic, translational, and clinical research with respect to new diagnostic, prevention, and novel treatment methodology for individuals with cavernous angioma, and to serve as a model for medical schools and research institutions and to provide support to such schools and institutions. Requirements. The CARE Center established under subsection shall consist of full- and part-time cavernous angioma researchers, clinicians, and medical staff including a medical director with expertise in cavernous angioma research and clinical care, a headache or pain specialist, an epilepsy specialist, a psychiatrist, a neuropsychologist, a dermatologist, a nurse practitioner with a specialty in neurology or neurosurgery, a nurse coordinator to facilitate patient advocacy and research, a research coordinator to facilitate research, a clinical nurse dedicated to clinical care and in-patient management, a radiology specialist, a clinical vascular fellow, a basic science postdoctoral fellow, and a genetic counselor. Be affiliated with a university medical center with an accredited medical school that provides education and training in neurological disease, in which medical students and residents receive education and training in the diagnosis and treatment of cavernous angioma. Maintain a program through which postdoctoral fellows receive research training in basic, translational, or clinical cavernous angioma research. Recruit new innovative researchers and clinicians to the field of cavernous angioma care and research. Establish a continuing medical education program through which medical clinicians receive professional training in cavernous angioma care and patient management. Maintain programs dedicated to patient advocacy, patient outreach, and education, including launching a multimedia public awareness campaign. Creating and distributing patient education materials for distribution by national physician and surgeon offices. Establishing an education program for elementary and secondary school nurses to facilitate early detection and diagnosis of cavernous angioma, coordinating regular patient and family- oriented educational conferences. And developing electronic health teaching and communication tools and a network of professional capacity and patient and family support. Be capable of establishing and maintaining communication with other major cavernous angioma research and care institutions for information sharing and coordination of research activities, facilitate translational projects and collaborations for clinical trials. And establish an advisory board to advise and assist the Director of the CARE Center composed of at least 1 individual with cavernous angioma or family member of such an individual, at least 1 representative of a patient advocacy group. At least 1 physician and at least 1 scientist with expertise in cavernous angioma and other relevant biomedical disciplines. And at least 1 representative of the institution affiliated with the CARE Center. Director of CARE Center. In general. The CARE Center shall be headed by a Director, who shall have expertise in cavernous angioma patient care and research. Duties of the director. To promote increased understanding and treatment of cavernous angioma and provide the highest quality medical and surgical care for individuals with cavernous angioma, the Director of the CARE Center shall ensure that the CARE Center provides community-, family-, and patient-centered, culturally sensitive care. Encourage and coordinate opportunities for individuals to participate in clinical research studies that will advance medical research and care. And develop the CARE Center as a model and training facility for other facilities throughout the United States that are engaged in research regarding, and care for individuals with, cavernous angioma. Reporting. In general. Not later than 2 years after the date of enactment of the Cavernous Angioma CARE Center Act of 2010, and biannually thereafter, the advisory board established under subsection (b)(9) shall submit a report on the activities of the CARE Center to the Secretary. Content. The report described in paragraph (1) shall include a description of the progress made in implementing the requirements of this section. A description of the amount expended on the implementation of such requirements. And a description of other activities and outcomes of the CARE Center, as appropriate. Authorization of Appropriations. To establish and operate the Care Center, there is authorized to be appropriated $2,000,000 for fiscal year 2011.".

Cavernous Angioma CARE Center Act of 2010 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to establish the Cavernous Angioma Clinical Care, Advocacy, Research, and Education Center of Excellence at the University of New Mexico to: (1) provide basic, translational, and clinical research with respect to new diagnostic, prevention, and novel treatment methodology for individuals with cavernous angioma. And (2) serve as a model for, and provide support to, medical schools and research institutions. Requires the Director of the Center to: (1) ensure that the Center provides community-, family-, and patient-centered culturally sensitive care. (2) encourage and coordinate opportunities for individuals to participate in clinical research studies that will advance medical research and care. And (3) develop the Center as a model and training facility for other facilities throughout the United States that are engaged in research regarding, and care for individuals with, cavernous angioma.

A bill to establish the Cavernous Angioma CARE Center at the University of New Mexico, and for other purposes.

108_hr4212

SECTION 1. REMOVAL OF POTENTIAL NUCLEAR WEAPONS MATERIALS FROM VULNERABLE SITES WORLDWIDE. (a) Sense of Congress.--It is the sense of Congress that removing potential nuclear weapons materials from vulnerable sites around the world would reduce the possibility that such materials could fall into the hands of al Qaeda or other groups and states hostile to the United States, and should be a top priority for achieving the national security of the United States. (b) Task Force on Nuclear Material Removal.--(1) The President shall establish in the Department of Energy a task force to be known as the Task Force on Nuclear Material Removal (in this section referred to as the ``Task Force''). (2) The head of the Task Force shall be the Director of the Task Force on Nuclear Material Removal, who shall be appointed by the President for that purpose. (3) The Director of the Task Force shall report directly to the Deputy Administrator for Defense Nuclear Nonproliferation of the National Nuclear Security Administration regarding the activities of the Task Force under this section. (4)(A) The Secretary of Energy, the Administrator for Nuclear Security, and the Deputy Administrator for Defense Nuclear Nonproliferation shall assign to the Task Force personnel having such experience and expertise as is necessary to permit the Task Force to carry out its mission under this section. (B) The Secretary of Energy and the Administrator for Nuclear Security shall jointly consult with the Assistant to the President for National Security Affairs, the Secretary of State, the Secretary of Defense, the Chairman of the Nuclear Regulatory Commission, the heads of other appropriate departments and agencies of the Federal Government, and appropriate international organizations in order to identify and establish mechanisms and procedures to ensure that the Task Force is able to draw quickly on the capabilities of the departments and agencies of the Federal Government and such international organizations to carry out its mission under this section. (C) Mechanisms under subparagraph (B) may include the assignment to the Task Force of personnel of the Department of Energy and of other departments and agencies of the Federal Government. (5) The President may establish within the Executive Office of the President a mechanism for coordinating the activities of the Task Force under this section. (c) Mission.--The mission of the Task Force shall be to ensure that potential nuclear weapons materials are entirely removed from the most vulnerable sites around the world as soon as practicable after the date of the enactment of this Act. (d) Assistance.--To assist the Task Force in carrying out its mission under this section, the Secretary of Energy may-- (1) provide funds to remove potential nuclear weapons materials from vulnerable sites, including funds to cover the costs of-- (A) transporting such materials from such sites to secure facilities; (B) providing interim security upgrades for such materials pending their removal from their current sites; (C) managing such materials after their arrival at secure facilities; (D) purchasing such materials; (E) converting such sites to the use of low- enriched uranium fuels; (F) assisting in the closure and decommissioning of such sites; and (G) providing incentives to facilitate the removal of such materials from vulnerable facilities; (2) arrange for the shipment of potential nuclear weapons materials to the United States, or to other countries willing to accept such materials and able to provide high levels of security for such materials, and dispose of such materials, in order to ensure that United States national security objectives are accomplished as quickly and effectively as possible; and (3) provide funds to upgrade security and accounting at sites where, as determined by the Secretary, potential nuclear weapons materials will remain for an extended period in order to ensure that such materials are secure against plausible potential threats, and will remain so in the future. (e) Report.--(1) Not later than 30 days after the submittal to Congress of the budget of the President for fiscal year 2006 pursuant to section 1105(a) of title 31, United States Code, the Secretary of Energy, in coordination with other relevant Federal Government and international agencies, shall submit to Congress a report that includes the following: (A) A list of the sites determined by the Task Force to be of the highest priorities for removal of potential nuclear weapons materials, based on the quantity and attractiveness of such materials at such sites and the risk of theft or diversion of such materials for weapons purposes. (B) An inventory of all sites worldwide where highly- enriched uranium or separated plutonium is located, including, to the extent practicable, a prioritized assessment of the terrorism and proliferation risk posed by such materials at each such site, based on the quantity of such materials, the attractiveness of such materials for use in nuclear weapons, the current level of security and accounting for such materials, and the level of threat (including the effects of terrorist or criminal activity and the pay and morale of personnel and guards) in the country or region where such sites are located. (C) A strategic plan, including measurable milestones and metrics, for accomplishing the mission of the Task Force under this section. (D) An estimate of the funds required to complete the mission of the Task Force under this section, set forth by year until anticipated completion of the mission. (E) The recommendations of the Secretary on whether any further legislative actions or international agreements are necessary to facilitate the accomplishment of the mission of the Task Force. (F) Such other information on the status of activities under this section as the Secretary considers appropriate. (2) The report shall be submitted in unclassified form, but may include a classified annex. (f) Potential Nuclear Weapons Material Defined.--In this section, the term ``potential nuclear weapons material'' means plutonium, highly-enriched uranium, or other material capable of sustaining an explosive nuclear chain reaction, including irradiated materials if the radiation field from such materials is not sufficient to prevent the theft and use of such materials for an explosive nuclear chain reaction. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Department of Energy for fiscal year 2005 for activities of the National Nuclear Security Administration in carrying out programs necessary for national security for purposes of defense nuclear nonproliferation activities, $40,000,000 to carry out this section.

Expresses the sense of Congress that: (1) removing potential nuclear weapons materials from vulnerable sites around the world would reduce the threat that such materials would fall into the hands of al Qaeda and other groups and states hostile to the United States. And (2) such removal should be a top priority. Directs the President to establish the Task Force on Nuclear Material Removal to ensure that such materials are entirely removed from the most vulnerable sites around the world as soon as practicable. Authorizes the Secretary of Energy to provide specified assistance to the Task Force, including funding for the cost of: (1) removing such materials, as well as arranging for their shipment to the United States or other countries willing to accept and secure them. And (2) upgrading security and accounting at sites where such materials will remain for an extended period.

To promote the national security of the United States by facilitating the removal of potential nuclear weapons materials from vulnerable sites around the world, and for other purposes.

<SECTION-HEADER> REMOVAL OF POTENTIAL NUCLEAR WEAPONS MATERIALS FROM VULNERABLE SITES WORLDWIDE. Sense of Congress. It is the sense of Congress that removing potential nuclear weapons materials from vulnerable sites around the world would reduce the possibility that such materials could fall into the hands of al Qaeda or other groups and states hostile to the United States, and should be a top priority for achieving the national security of the United States. Task Force on Nuclear Material Removal. (1) The President shall establish in the Department of Energy a task force to be known as the Task Force on Nuclear Material Removal . The head of the Task Force shall be the Director of the Task Force on Nuclear Material Removal, who shall be appointed by the President for that purpose. The Director of the Task Force shall report directly to the Deputy Administrator for Defense Nuclear Nonproliferation of the National Nuclear Security Administration regarding the activities of the Task Force under this section. (A) The Secretary of Energy, the Administrator for Nuclear Security, and the Deputy Administrator for Defense Nuclear Nonproliferation shall assign to the Task Force personnel having such experience and expertise as is necessary to permit the Task Force to carry out its mission under this section. The Secretary of Energy and the Administrator for Nuclear Security shall jointly consult with the Assistant to the President for National Security Affairs, the Secretary of State, the Secretary of Defense, the Chairman of the Nuclear Regulatory Commission, the heads of other appropriate departments and agencies of the Federal Government, and appropriate international organizations in order to identify and establish mechanisms and procedures to ensure that the Task Force is able to draw quickly on the capabilities of the departments and agencies of the Federal Government and such international organizations to carry out its mission under this section. Mechanisms under subparagraph (B) may include the assignment to the Task Force of personnel of the Department of Energy and of other departments and agencies of the Federal Government. The President may establish within the Executive Office of the President a mechanism for coordinating the activities of the Task Force under this section. Mission. The mission of the Task Force shall be to ensure that potential nuclear weapons materials are entirely removed from the most vulnerable sites around the world as soon as practicable after the date of the enactment of this Act. Assistance. To assist the Task Force in carrying out its mission under this section, the Secretary of Energy may provide funds to remove potential nuclear weapons materials from vulnerable sites, including funds to cover the costs of transporting such materials from such sites to secure facilities. Providing interim security upgrades for such materials pending their removal from their current sites, managing such materials after their arrival at secure facilities, purchasing such materials. Converting such sites to the use of low- enriched uranium fuels, assisting in the closure and decommissioning of such sites. And providing incentives to facilitate the removal of such materials from vulnerable facilities. Arrange for the shipment of potential nuclear weapons materials to the United States, or to other countries willing to accept such materials and able to provide high levels of security for such materials, and dispose of such materials, in order to ensure that United States national security objectives are accomplished as quickly and effectively as possible. And provide funds to upgrade security and accounting at sites where, as determined by the Secretary, potential nuclear weapons materials will remain for an extended period in order to ensure that such materials are secure against plausible potential threats, and will remain so in the future. Report. (1) Not later than 30 days after the submittal to Congress of the budget of the President for fiscal year 2006 pursuant to section 1105(a) of title 31, United States Code, the Secretary of Energy, in coordination with other relevant Federal Government and international agencies, shall submit to Congress a report that includes the following: A list of the sites determined by the Task Force to be of the highest priorities for removal of potential nuclear weapons materials, based on the quantity and attractiveness of such materials at such sites and the risk of theft or diversion of such materials for weapons purposes. An inventory of all sites worldwide where highly- enriched uranium or separated plutonium is located, including, to the extent practicable, a prioritized assessment of the terrorism and proliferation risk posed by such materials at each such site, based on the quantity of such materials, the attractiveness of such materials for use in nuclear weapons, the current level of security and accounting for such materials, and the level of threat in the country or region where such sites are located. A strategic plan, including measurable milestones and metrics, for accomplishing the mission of the Task Force under this section. An estimate of the funds required to complete the mission of the Task Force under this section, set forth by year until anticipated completion of the mission. The recommendations of the Secretary on whether any further legislative actions or international agreements are necessary to facilitate the accomplishment of the mission of the Task Force. Such other information on the status of activities under this section as the Secretary considers appropriate. The report shall be submitted in unclassified form, but may include a classified annex. Potential Nuclear Weapons Material Defined. In this section, the term "potential nuclear weapons material" means plutonium, highly-enriched uranium, or other material capable of sustaining an explosive nuclear chain reaction, including irradiated materials if the radiation field from such materials is not sufficient to prevent the theft and use of such materials for an explosive nuclear chain reaction. Authorization of Appropriations. There is authorized to be appropriated to the Department of Energy for fiscal year 2005 for activities of the National Nuclear Security Administration in carrying out programs necessary for national security for purposes of defense nuclear nonproliferation activities, $40,000,000 to carry out this section.

Expresses the sense of Congress that: (1) removing potential nuclear weapons materials from vulnerable sites around the world would reduce the threat that such materials would fall into the hands of al Qaeda and other groups and states hostile to the United States. And (2) such removal should be a top priority. Directs the President to establish the Task Force on Nuclear Material Removal to ensure that such materials are entirely removed from the most vulnerable sites around the world as soon as practicable. Authorizes the Secretary of Energy to provide specified assistance to the Task Force, including funding for the cost of: (1) removing such materials, as well as arranging for their shipment to the United States or other countries willing to accept and secure them. And (2) upgrading security and accounting at sites where such materials will remain for an extended period.

To promote the national security of the United States by facilitating the removal of potential nuclear weapons materials from vulnerable sites around the world, and for other purposes.

104_s1820

TITLE I--SHORT TITLE; TABLE OF CONTENTS SEC. 1000. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Retirement Savings and Security Act''. (b) Table of Contents.-- TITLE I--SHORT TITLE; TABLE OF CONTENTS Sec. 1000. Short title; table of contents. TITLE II--ADDITIONAL RETIREMENT PARTICIPATION AND PAYMENT OPTIONS FOR FEDERAL EMPLOYEES Sec. 2001. Immediate participation in the Thrift Savings Plan for Federal employees. Sec. 2002. Deferred annuities for surviving spouses of Federal employees. Sec. 2003. Payment of lump-sum credit for former spouses of Federal employees. TITLE II--ADDITIONAL RETIREMENT PARTICIPATION AND PAYMENT OPTIONS FOR FEDERAL EMPLOYEES SEC. 2001. IMMEDIATE PARTICIPATION IN THE THRIFT SAVINGS PLAN FOR FEDERAL EMPLOYEES. (a) Elimination of Certain Waiting Periods for Purposes of Employee Contributions.--Paragraph (4) of section 8432(b) of title 5, United States Code, is amended to read as follows: ``(4) The Executive Director shall prescribe such regulations as may be necessary to carry out the following: ``(A) Notwithstanding subparagraph (A) of paragraph (2), an employee or Member described in such subparagraph shall be afforded a reasonable opportunity to first make an election under this subsection beginning on the date of commencing service or, if that is not administratively feasible, beginning on the earliest date thereafter that such an election becomes administratively feasible, as determined by the Executive Director. ``(B) An employee or Member described in subparagraph (B) of paragraph (2) shall be afforded a reasonable opportunity to first make an election under this subsection (based on the appointment or election described in such subparagraph) beginning on the date of commencing service pursuant to such appointment or election or, if that is not administratively feasible, beginning on the earliest date thereafter that such an election becomes administratively feasible, as determined by the Executive Director. ``(C) Notwithstanding the preceding provisions of this paragraph, contributions under paragraphs (1) and (2) of subsection (c) shall not be payable with respect to any pay period before the earliest pay period for which such contributions would otherwise be allowable under this subsection if this paragraph had not been enacted. ``(D) Sections 8351(a)(2), 8440a(a)(2), 8440b(a)(2), 8440c(a)(2), and 8440d(a)(2) shall be applied in a manner consistent with the purposes of subparagraphs (A) and (B), to the extent those subparagraphs can be applied with respect thereto. ``(E) Nothing in this paragraph shall affect paragraph (3).''. (b) Technical and Conforming Amendments.--(1) Section 8432(a) of title 5, United States Code, is amended-- (A) in the first sentence by striking ``(b)(1)'' and inserting ``(b)''; and (B) by amending the second sentence to read as follows: ``Contributions under this subsection pursuant to such an election shall, with respect to each pay period for which such election remains in effect, be made in accordance with a program of regular contributions provided in regulations prescribed by the Executive Director.''. (2) Section 8432(b)(1)(B) of such title is amended by inserting ``(or any election allowable by virtue of paragraph (4))'' after ``subparagraph (A)''. (3) Section 8432(b)(3) of such title is amended by striking ``Notwithstanding paragraph (2)(A), an'' and inserting ``An''. (4) Section 8432(i)(1)(B)(ii) of such title is amended by striking ``either elected to terminate individual contributions to the Thrift Savings Fund within 2 months before commencing military service or''. (5) Section 8439(a)(1) of such title is amended by inserting ``who makes contributions or'' after ``for each individual'' and by striking ``section 8432(c)(1)'' and inserting ``section 8432''. (6) Section 8439(c)(2) of such title is amended by adding at the end the following: ``Nothing in this paragraph shall be considered to limit the dissemination of information only to the times required under the preceding sentence.''. (7) Sections 8440a(a)(2) and 8440d(a)(2) of such title are amended by striking all after ``subject to'' and inserting ``subject to this chapter.''. (c) Effective Date.--This section shall take effect 6 months after the date of the enactment of this Act or such earlier date as the Executive Director may by regulation prescribe. SEC. 2002. DEFERRED ANNUITIES FOR SURVIVING SPOUSES OF FEDERAL EMPLOYEES. (a) In General.--Section 8341 of title 5, United States Code, is amended-- (1) in subsection (h)(1) by striking ``section 8338(b) of this title'' and inserting ``section 8338(b), and a former spouse of a deceased former employee who separated from the service with title to a deferred annuity under section 8338 (if they were married to one another prior to the date of separation),''; and (2) by adding at the end the following: ``(j)(1) If a former employee dies after having separated from the service with title to a deferred annuity under section 8338 but before having established a valid claim for annuity, and is survived by a spouse to whom married on the date of separation, the surviving spouse may elect to receive-- ``(A) an annuity, commencing on what would have been the former employee's 62d birthday, equal to 55 percent of the former employee's deferred annuity; ``(B) an annuity, commencing on the day after the date of death of the former employee, such that, to the extent practicable, the present value of the future payments of the annuity would be actuarially equivalent to the present value of the future payments under subparagraph (A) as of the day after the former employee's death; or ``(C) the lump-sum credit, if the surviving spouse is the individual who would be entitled to the lump-sum credit and if such surviving spouse files application therefor. ``(2) An annuity under this subsection and the right thereto terminate on the last day of the month before the surviving spouse remarries before becoming 55 years of age, or dies.''. (b) Corresponding Amendment for FERS.--Section 8445(a) of title 5, United States Code, is amended-- (1) by striking ``(or of a former employee or'' and inserting ``(or of a former''; and (2) by striking ``annuity)'' and inserting ``annuity, or of a former employee who dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for annuity (if such former spouse was married to such former employee prior to the date of separation))''. (c) Effective Date.--The amendments made by this section shall apply with respect to surviving spouses and former spouses (whose marriage, in the case of the amendments made by subsection (a), terminated after May 6, 1985) of former employees who die after the date of the enactment of this Act. SEC. 2003. PAYMENT OF LUMP-SUM CREDIT FOR FORMER SPOUSES OF FEDERAL EMPLOYEES. (a) In General.--Title 5, United States Code, is amended-- (1) in section 8342(c) by striking ``Lump-sum'' and inserting ``Except as provided in section 8345(j), lump-sum''; (2) in section 8345(j)-- (A) in paragraph (1) by inserting after ``that individual'' the following: ``, or be made under section 8342(d) through (f) to an individual entitled under section 8342(c),''; and (B) by adding at the end the following: ``(4) Any payment under this subsection to a person bars recovery by any other person.''; (3) in section 8424(d) by striking ``Lump-sum'' and inserting ``Except as provided in section 8467(a), lump-sum''; and (4) in section 8467-- (A) in subsection (a) by inserting after ``that individual'' the following: ``, or be made under section 8424(e) through (g) to an individual entitled under section 8424(d),''; and (B) by adding at the end the following: ``(d) Any payment under this section to a person bars recovery by any other person.''. (b) Effective Date.--The amendments made by this section shall apply with respect to any death occurring after the 90th day after the date of the enactment of this Act.

TABLE OF CONTENTS: Title I: Short Title. Table of Contents Title II: Additional Retirement Participation and Payment Options for Federal Employees Retirement Savings and Security Act - Title I: Short Title. Table of Contents - Sets forth, for this Act: (1) the short title. And (2) the table of contents. Title II: Additional Retirement Participation and Payment Options for Federal Employees - Requires the Executive Director of the Federal Retirement Thrift Investment Board to prescribe regulations to allow Federal employees to be afforded a reasonable opportunity to make an election to make contributions under the Thrift Savings Plan on the date of commencing service or beginning on the earliest date thereafter that such an election becomes administratively feasible. Provides for a deferred annuity for a surviving former spouse of a deceased former Federal employee who separated from the service with title to a deferred annuity if such individuals were married to one another prior to the date of separation. Provides for a surviving spouse to elect to receive a certain deferred annuity if a former employee dies after having separated from the service with title to a deferred annuity but before having established a valid claim for annuity. Revises provisions concerning the payment of a lump sum to a former spouse of a Federal employee.

Retirement Savings and Security Act

TITLE I SHORT TITLE, TABLE OF CONTENTS Section 1000. SHORT TITLE. TABLE OF CONTENTS. Short Title. This Act may be cited as the "Retirement Savings and Security Act". Table of Contents. TITLE I SHORT TITLE, TABLE OF CONTENTS Section 1000. Short title. Table of contents. TITLE II ADDITIONAL RETIREMENT PARTICIPATION AND PAYMENT OPTIONS FOR FEDERAL EMPLOYEES Section 2001. Immediate participation in the Thrift Savings Plan for Federal employees. Section 2002. Deferred annuities for surviving spouses of Federal employees. Section 2003. Payment of lump-sum credit for former spouses of Federal employees. TITLE II ADDITIONAL RETIREMENT PARTICIPATION AND PAYMENT OPTIONS FOR FEDERAL EMPLOYEES Section 2001. IMMEDIATE PARTICIPATION IN THE THRIFT SAVINGS PLAN FOR FEDERAL EMPLOYEES. Elimination of Certain Waiting Periods for Purposes of Employee Contributions. Paragraph (4) of section 8432(b) of title 5, United States Code, is amended to read as follows: The Executive Director shall prescribe such regulations as may be necessary to carry out the following: Notwithstanding subparagraph (A) of paragraph (2), an employee or Member described in such subparagraph shall be afforded a reasonable opportunity to first make an election under this subsection beginning on the date of commencing service or, if that is not administratively feasible, beginning on the earliest date thereafter that such an election becomes administratively feasible, as determined by the Executive Director. An employee or Member described in subparagraph (B) of paragraph (2) shall be afforded a reasonable opportunity to first make an election under this subsection beginning on the date of commencing service pursuant to such appointment or election or, if that is not administratively feasible, beginning on the earliest date thereafter that such an election becomes administratively feasible, as determined by the Executive Director. Notwithstanding the preceding provisions of this paragraph, contributions under paragraphs (1) and (2) of subsection (c) shall not be payable with respect to any pay period before the earliest pay period for which such contributions would otherwise be allowable under this subsection if this paragraph had not been enacted. Sections 8351(a)(2), 8440a(a)(2), 8440b(a)(2), 8440c(a)(2), and 8440d(a)(2) shall be applied in a manner consistent with the purposes of subparagraphs (A) and (B), to the extent those subparagraphs can be applied with respect thereto. Nothing in this paragraph shall affect paragraph .". Technical and Conforming Amendments. (1) Section 8432(a) of title 5, United States Code, is amended in the first sentence by striking "(b)(1)" and inserting "(b)". And by amending the second sentence to read as follows: "Contributions under this subsection pursuant to such an election shall, with respect to each pay period for which such election remains in effect, be made in accordance with a program of regular contributions provided in regulations prescribed by the Executive Director.". Section 8432(b)(1)(B) of such title is amended by inserting "(or any election allowable by virtue of paragraph (4))" after "subparagraph (A)". Section 8432(b)(3) of such title is amended by striking "Notwithstanding paragraph (2)(A), an" and inserting "An". Section 8432(i)(1)(B)(ii) of such title is amended by striking "either elected to terminate individual contributions to the Thrift Savings Fund within 2 months before commencing military service or". Section 8439(a)(1) of such title is amended by inserting "who makes contributions or" after "for each individual" and by striking "section 8432(c)(1)" and inserting "section 8432". Section 8439(c)(2) of such title is amended by adding at the end the following: "Nothing in this paragraph shall be considered to limit the dissemination of information only to the times required under the preceding sentence.". Sections 8440a(a)(2) and 8440d(a)(2) of such title are amended by striking all after "subject to" and inserting "subject to this chapter.". Effective Date. This section shall take effect 6 months after the date of the enactment of this Act or such earlier date as the Executive Director may by regulation prescribe. Section 2002. DEFERRED ANNUITIES FOR SURVIVING SPOUSES OF FEDERAL EMPLOYEES. In General. Section 8341 of title 5, United States Code, is amended in subsection (h)(1) by striking "section 8338(b) of this title" and inserting "section 8338(b), and a former spouse of a deceased former employee who separated from the service with title to a deferred annuity under section 8338 ,". And by adding at the end the following: (1) If a former employee dies after having separated from the service with title to a deferred annuity under section 8338 but before having established a valid claim for annuity, and is survived by a spouse to whom married on the date of separation, the surviving spouse may elect to receive an annuity, commencing on what would have been the former employee's 62d birthday, equal to 55 percent of the former employee's deferred annuity. An annuity, commencing on the day after the date of death of the former employee, such that, to the extent practicable, the present value of the future payments of the annuity would be actuarially equivalent to the present value of the future payments under subparagraph (A) as of the day after the former employee's death. Or the lump-sum credit, if the surviving spouse is the individual who would be entitled to the lump-sum credit and if such surviving spouse files application therefor. An annuity under this subsection and the right thereto terminate on the last day of the month before the surviving spouse remarries before becoming 55 years of age, or dies.". Corresponding Amendment for FERS. Section 8445(a) of title 5, United States Code, is amended by striking "(or of a former employee or" and inserting "(or of a former". And " and inserting "annuity, or of a former employee who dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for annuity ". Effective Date. The amendments made by this section shall apply with respect to surviving spouses and former spouses (whose marriage, in the case of the amendments made by subsection of former employees who die after the date of the enactment of this Act. Section 2003. PAYMENT OF LUMP-SUM CREDIT FOR FORMER SPOUSES OF FEDERAL EMPLOYEES. In General. Title 5, United States Code, is amended in section 8342(c) by striking "Lump-sum" and inserting "Except as provided in section 8345(j), lump-sum". In section 8345(j) in paragraph (1) by inserting after "that individual" the following: ", or be made under section 8342(d) through (f) to an individual entitled under section 8342(c),". And by adding at the end the following: Any payment under this subsection to a person bars recovery by any other person.". In section 8424(d) by striking "Lump-sum" and inserting "Except as provided in section 8467(a), lump-sum". And in section 8467 in subsection (a) by inserting after "that individual" the following: ", or be made under section 8424(e) through (g) to an individual entitled under section 8424(d),". And by adding at the end the following: Any payment under this section to a person bars recovery by any other person.". Effective Date. The amendments made by this section shall apply with respect to any death occurring after the 90th day after the date of the enactment of this Act.

TABLE OF CONTENTS: Title I: Short Title. Table of Contents Title II: Additional Retirement Participation and Payment Options for Federal Employees Retirement Savings and Security Act - Title I: Short Title. Table of Contents - Sets forth, for this Act: (1) the short title. And (2) the table of contents. Title II: Additional Retirement Participation and Payment Options for Federal Employees - Requires the Executive Director of the Federal Retirement Thrift Investment Board to prescribe regulations to allow Federal employees to be afforded a reasonable opportunity to make an election to make contributions under the Thrift Savings Plan on the date of commencing service or beginning on the earliest date thereafter that such an election becomes administratively feasible. Provides for a deferred annuity for a surviving former spouse of a deceased former Federal employee who separated from the service with title to a deferred annuity if such individuals were married to one another prior to the date of separation. Provides for a surviving spouse to elect to receive a certain deferred annuity if a former employee dies after having separated from the service with title to a deferred annuity but before having established a valid claim for annuity. Revises provisions concerning the payment of a lump sum to a former spouse of a Federal employee.

Retirement Savings and Security Act

111_hr6547

SECTION 1. SHORT TITLE. This Act may be cited at the ``Protecting Students from Sexual and Violent Predators Act''. SEC. 2. BACKGROUND CHECKS. Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: ``SEC. 9537. BACKGROUND CHECKS. ``(a) Background Checks.--Each State that receives funds under this Act shall have in effect policies and procedures that-- ``(1) require that criminal background checks be conducted for school employees that include-- ``(A) a search of the State criminal registry or repository in the State in which the school employee resides and each State in which such school employee previously resided; ``(B) a search of State-based child abuse and neglect registries and databases in the State in which the school employee resides and each State in which such school employee previously resided; ``(C) a search of the National Crime Information Center of the Department of Justice; ``(D) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and ``(E) a search of the National Sex Offender Registry established under section 19 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919); ``(2) prohibit the employment of school employees for a position as a school employee if such individual-- ``(A) refuses to consent to the criminal background check described in paragraph (1); ``(B) makes a false statement in connection with such criminal background check; ``(C) has been convicted of a felony consisting of-- ``(i) homicide; ``(ii) child abuse or neglect; ``(iii) a crime against children, including child pornography; ``(iv) spousal abuse; ``(v) a crime involving rape or sexual assault; ``(vi) kidnapping; ``(vii) arson; or ``(viii) physical assault, battery, or a drug-related offense, committed within the past 5 years; or ``(D) has been convicted of any other crime that is a violent or sexual crime against a minor; ``(3) require that a local educational agency or State educational agency that receives information from a criminal background check conducted under this section that an individual who has applied for employment with such agency as a school employee is a sexual predator report to local law enforcement that such individual has so applied; ``(4) require that the criminal background checks described in paragraph (1) be periodically repeated; and ``(5) provide for a timely process by which a school employee may appeal the results of a criminal background check conducted under this section to challenge the accuracy or completeness of the information produced by such background check and seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced by such background check, but that does not permit the school employee to be employed as a school employee during such process. ``(b) Definitions.--In this section: ``(1) School employee.--The term `school employee' means-- ``(A) an employee of, or a person seeking employment with, a local educational agency or State educational agency, and who has a job duty that results in exposure to students; or ``(B) an employee of, or a person seeking employment with, a for-profit or nonprofit entity, or local public agency, that has a contract or agreement to provide services with a school, local educational agency, or State educational agency, and whose job duty-- ``(i) is to provide such services; and ``(ii) results in exposure to students. ``(2) Sexual predator.--The term `sexual predator' means a person 18 years of age or older who has been convicted of, or pled guilty to, a sexual offense against a minor.''. SEC. 3. CONFORMING AMENDMENT. Section 2 of the Elementary and Secondary Education Act of 1965 is amended by adding after the item relating to section 9536 the following: ``Sec. 9537. Background checks.''. Passed the House of Representatives December 21, 2010. Attest: LORRAINE C. MILLER, Clerk.

Protecting Students from Sexual and Violent Predators Act - Amends the Elementary and Secondary Education Act of 1965 to require each state receiving funds under that Act to have in effect policies and procedures that: (1) require criminal background checks for school employees, including searches of state criminal registries or repositories, state-based child abuse and neglect registries and databases, the National Crime Information Center of the Department of Justice, the National Sex Offender Registry, and the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation (FBI). And (2) prohibit the employment of school employees who refuse to consent to a criminal background check, make false statements in connection with one, or have been convicted of one of a list of felonies or any other crime that is a violent or sexual crime against a child. Lists those felonies as: (1) homicide, (2) child abuse or neglect, (3) crimes against children, (4) spousal abuse, (5) crimes involving rape or sexual assault, (6) kidnapping, (7) arson. And (8) physical assault, battery, or drug-related offenses, committed within the past five years. Requires local educational agencies (LEAs) or state educational agencies (SEAs) to report to local law enforcement any applicants for school employment who are discovered to be sexual predators. Requires periodic repetitions of such criminal background checks. Requires such states to provide for a timely process under which school employees may: (1) appeal the results of a criminal background check to challenge the accuracy or completeness of the information produced. And (2) seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced. Requires this appeals process, however, to deny the individual employment as a school employee during the process.

To amend the Elementary and Secondary Education Act of 1965 to require criminal background checks for school employees.

<SECTION-HEADER> SHORT TITLE. This Act may be cited at the "Protecting Students from Sexual and Violent Predators Act". <SECTION-HEADER> BACKGROUND CHECKS. Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: "Section 9537. BACKGROUND CHECKS. Background Checks. Each State that receives funds under this Act shall have in effect policies and procedures that require that criminal background checks be conducted for school employees that include a search of the State criminal registry or repository in the State in which the school employee resides and each State in which such school employee previously resided. A search of State-based child abuse and neglect registries and databases in the State in which the school employee resides and each State in which such school employee previously resided. A search of the National Crime Information Center of the Department of Justice. A Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System. And a search of the National Sex Offender Registry established under section 19 of the Adam Walsh Child Protection and Safety Act of 2006. Prohibit the employment of school employees for a position as a school employee if such individual refuses to consent to the criminal background check described in paragraph (1). Makes a false statement in connection with such criminal background check, has been convicted of a felony consisting of homicide, child abuse or neglect, a crime against children, including child pornography, spousal abuse, a crime involving rape or sexual assault, kidnapping, arson. Or physical assault, battery, or a drug-related offense, committed within the past 5 years. Or has been convicted of any other crime that is a violent or sexual crime against a minor. Require that a local educational agency or State educational agency that receives information from a criminal background check conducted under this section that an individual who has applied for employment with such agency as a school employee is a sexual predator report to local law enforcement that such individual has so applied. Require that the criminal background checks described in paragraph (1) be periodically repeated. And provide for a timely process by which a school employee may appeal the results of a criminal background check conducted under this section to challenge the accuracy or completeness of the information produced by such background check and seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced by such background check, but that does not permit the school employee to be employed as a school employee during such process. Definitions. In this section: School employee. The term `school employee' means an employee of, or a person seeking employment with, a local educational agency or State educational agency, and who has a job duty that results in exposure to students. Or an employee of, or a person seeking employment with, a for-profit or nonprofit entity, or local public agency, that has a contract or agreement to provide services with a school, local educational agency, or State educational agency, and whose job duty is to provide such services. And results in exposure to students. Sexual predator. The term `sexual predator' means a person 18 years of age or older who has been convicted of, or pled guilty to, a sexual offense against a minor.". <SECTION-HEADER> CONFORMING AMENDMENT. Section 2 of the Elementary and Secondary Education Act of 1965 is amended by adding after the item relating to section 9536 the following: "Section 9537. Background checks.". Passed the House of Representatives December 21, 2010. Attest: LORRAINE C. MILLER, Clerk.

Protecting Students from Sexual and Violent Predators Act - Amends the Elementary and Secondary Education Act of 1965 to require each state receiving funds under that Act to have in effect policies and procedures that: (1) require criminal background checks for school employees, including searches of state criminal registries or repositories, state-based child abuse and neglect registries and databases, the National Crime Information Center of the Department of Justice, the National Sex Offender Registry, and the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation (FBI). And (2) prohibit the employment of school employees who refuse to consent to a criminal background check, make false statements in connection with one, or have been convicted of one of a list of felonies or any other crime that is a violent or sexual crime against a child. Lists those felonies as: (1) homicide, (2) child abuse or neglect, (3) crimes against children, (4) spousal abuse, (5) crimes involving rape or sexual assault, (6) kidnapping, (7) arson. And (8) physical assault, battery, or drug-related offenses, committed within the past five years. Requires local educational agencies (LEAs) or state educational agencies (SEAs) to report to local law enforcement any applicants for school employment who are discovered to be sexual predators. Requires periodic repetitions of such criminal background checks. Requires such states to provide for a timely process under which school employees may: (1) appeal the results of a criminal background check to challenge the accuracy or completeness of the information produced. And (2) seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced. Requires this appeals process, however, to deny the individual employment as a school employee during the process.

To amend the Elementary and Secondary Education Act of 1965 to require criminal background checks for school employees.

103_s86

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Labor Amendments of 1993''. TITLE I--CHILD LABOR PROVISIONS SEC. 101. NO PRIOR OFFENSE PREREQUISITE FOR CHILD LABOR VIOLATION. The second sentence of section 16(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(a)) is amended by inserting before the period at the end the following: ``, except that this sentence shall not apply to a violation of section 12''. SEC. 102. CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS. Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended-- (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) by inserting ``(1)'' after the subsection designation; (3) by adding at the end the following new paragraphs: ``(2) Any person who willfully violates the provisions of section 12, relating to child labor, or any regulation issued under such section, on more than one occasion, shall, on such additional violation, be ineligible-- ``(A) for any grant, contract, or loan provided by an agency of the United States or by appropriated funds of the United States, for 3 years after the date of such additional violation; or ``(B) to pay the training wage authorized by section 6 of Fair Labor Standards Amendments of 1989 (29 U.S.C. 206 note), unless the Secretary otherwise recommends, because of unusual circumstances. ``(3) The Secretary shall make available to affected school districts for posting and distribution the name of each employer who violates the provisions of section 12, relating to child labor, or any regulation issued under such section, together with a description of the location and nature of the violation.''. SEC. 103. CERTIFICATES OF EMPLOYMENT. Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end the following new subsection: ``(e)(1) As used in this subsection: ``(A) The term `minor' means an individual who is under the age of 18 and who has not received a high school diploma or its equivalent. ``(B) The term `parent' means a biological parent of a minor or other individual standing in place of the parent to a minor. ``(2) No employer shall employ a minor unless the minor possesses a valid certificate of employment issued in accordance with this subsection. ``(3) The Governor of a State shall designate a State agency to issue certificates of employment to minors in the State. The agency shall make available, on request, a form for the application described in paragraph (4) and shall make available, as part of the certification process, materials describing applicable Federal requirements governing the employment of minors. ``(4) To be eligible to receive a certificate of employment, a minor must submit to the appropriate State agency an application that contains-- ``(A) the name and address of the minor; ``(B) the name and address of the employer; ``(C) proof of age of the minor; and ``(D) if the minor is under the age of 16-- ``(i) a written statement by a parent of the minor that the parent grants consent for employment of the minor; and ``(ii) written verification from the minor's school that the minor is meeting any applicable minimum school attendance requirements established under State law. ``(5) On receipt of an application under paragraph (4), a State agency shall issue to the minor-- ``(A) a certificate of employment, if the requirements of paragraph (4) are met; or ``(B) a statement of the denial of a certificate of employment (including the reasons for the denial), if the requirements of paragraph (4) are not met. ``(6) A certificate of employment issued to a minor under this subsection shall be valid during the period in which the minor is employed by the employer listed on the certificate. ``(7) A certificate of employment issued to a minor under this subsection shall indicate-- ``(A) the name, address, and date of birth of the minor; ``(B) the name and address of the employer; ``(C) restrictions on the times of day and maximum number of hours the minor may be employed and on the employment of the minor in hazardous occupations; and ``(D) the name, address, and telephone number of the State agency that may be contacted for additional information concerning applicable Federal requirements governing the employment of minors. ``(8) The State agency shall provide a copy of a certificate of employment issued to a minor under the age of 16 to the parent of the minor who granted consent pursuant to paragraph (4). ``(9) A State agency shall report annually to the Secretary concerning certificates of employment issued under this subsection. The agency shall include such information as the Secretary requires (including information on the number of deaths and injuries of minors reported pursuant to subsection (f)).''. SEC. 104. INFORMATION ON DEATHS AND INJURIES INVOLVING MINORS; INFORMATION DESCRIBING PROVISIONS OF FEDERAL CHILD LABOR LAW. Section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) (as amended by section 103 of this Act) is further amended by adding at the end the following new subsections: ``(f) If a minor in the course of employment suffers death, or an injury resulting in lost work time of more than 3 working days, not later than 10 days after the employer of the minor obtains knowledge of the death or injury, such employer shall provide to the State agency a written description of the death or injury. ``(g) The Secretary shall prepare and distribute to State employment agencies written materials (suitable for posting and mass distribution) that describe the provisions of Federal law and regulations governing the employment of minors.''. SEC. 105. HAZARDOUS CHILD LABOR OCCUPATIONS. Section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(l)) is amended by adding at the end the following new sentence: ``The Secretary shall find and by order declare that poultry processing, fish and seafood processing, and pesticide handling (among other occupations declared by the Secretary) are occupations that are particularly hazardous for the employment of children between the ages of 16 and 18 for purposes of this subsection.''. SEC. 106. PROTECTION OF MINORS WHO ARE MIGRANT OR SEASONAL AGRICULTURAL WORKERS. (a) Definition of Oppressive Child Labor.--The first sentence of section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(l)) is amended-- (1) by striking ``or'' before ``(2)''; and (2) by inserting before the semicolon the following: ``, or (3) any employee under the age of 14 years is employed in agriculture, except where such employee is employed by a parent of the employee, or by a person standing in the place of a parent of the employee, on a farm owned or operated by such parent or person''. (b) Exemptions.--Section 13(c) of such Act (29 U.S.C. 213(c)) is amended-- (1) in paragraph (1)-- (A) by striking ``(2) or (4)'' and inserting ``(2)''; and (B) by striking ``employed, if such employee--'' and all that follows through the end and inserting ``employed, if such employee is 14 years of age or older.''; and (2) by striking paragraph (4). SEC. 107. REPORTS. Not later than 1, 2, and 3 years after the date of enactment of this Act, the Secretary of Labor shall provide to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report on actions taken to carry out, and the effect of, this title and the amendments made by this title, including national and State-by-State information on-- (1) certificates of employment issued to minors under section 12(e) of the Fair Labor Standards Act of 1938 (as added by section 103 of this Act); and (2) deaths and injuries of minors occurring in the course of employment that are reported under section 12(f) of the Fair Labor Standards Act of 1938 (as added by section 104 of this Act). TITLE II--MISCELLANEOUS SEC. 201. REGULATIONS. The Secretary of Labor shall issue such regulations as are necessary to carry out this Act and the amendments made by this Act. SEC. 202. EFFECTIVE DATE. This Act shall become effective 180 days after the date of enactment of this Act.

TABLE OF CONTENTS Title I: Child Labor Provisions Title II: Miscellaneous Child Labor Amendments of 1993 - Title I: Child Labor Provisions - Amends the Fair Labor Standards Act of 1938 to provide that a prior offense is not a prerequisite for imprisonment for willful violations of child labor provisions. Makes willful violators of child labor provisions who are repeat offenders ineligible: (1) for any direct or indirect Federal grant, contract, or loan, for three years after determination. And (2) to pay a special training wage below the minimum wage rate. Directs the Secretary of Labor to make available to affected school districts for posting and distribution the name of each employer who violates child labor provisions or regulations, together with the location and nature of the violation. Prohibits employment of any individual under age 18 who is not a high school graduate unless the employer has in effect a certificate for such employment issued annually with the approval of the minor's parents and appropriate local school officials. Requires employers to notify the State agency when they employ a minor. Requires employers of minors who in the the course of employment suffer death or injury resulting in lost work time of more than three days to provide the State agency with a written description of the death or injury within days after its occurrence. Directs the Secretary to find and declare as particularly hazardous for employment of children between the ages of 16 and 18 the following occupations : (1) poultry processing, (2) fish and seafood processing. And (3) pesticide handling. Sets forth child labor protections relating to migrant or seasonal agricultural labor. Prohibits under the definition of oppressive child labor, employing any person under the age of 14 in agriculture, except where the child's parent owns or operates the farm. Directs the Secretary to report to specified congressional committees on actions taken to carry out, and the effect of, this Act, including national and State-by-State information on: (1) certificates of employment issued to minors. And (2) reports of deaths and injuries to minors during employment. Title II: Miscellaneous - Directs the Secretary to issue regulations to carry out this Act.

Child Labor Amendments of 1993

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Child Labor Amendments of 1993". TITLE I CHILD LABOR PROVISIONS Section 101. NO PRIOR OFFENSE PREREQUISITE FOR CHILD LABOR VIOLATION. The second sentence of section 16(a) of the Fair Labor Standards Act of 1938 (29 USC. 216(a)) is amended by inserting before the period at the end the following: ", except that this sentence shall not apply to a violation of section 12". Section 102. CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS. Section 16(e) of the Fair Labor Standards Act of 1938 (29 USC. 216(e)) is amended by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, by inserting "(1)" after the subsection designation. By adding at the end the following new paragraphs: Any person who willfully violates the provisions of section 12, relating to child labor, or any regulation issued under such section, on more than one occasion, shall, on such additional violation, be ineligible for any grant, contract, or loan provided by an agency of the United States or by appropriated funds of the United States, for 3 years after the date of such additional violation. Or to pay the training wage authorized by section 6 of Fair Labor Standards Amendments of 1989 , unless the Secretary otherwise recommends, because of unusual circumstances. The Secretary shall make available to affected school districts for posting and distribution the name of each employer who violates the provisions of section 12, relating to child labor, or any regulation issued under such section, together with a description of the location and nature of the violation.". Section 103. CERTIFICATES OF EMPLOYMENT. Section 12 of the Fair Labor Standards Act of 1938 is amended by adding at the end the following new subsection: (1) As used in this subsection: The term `minor' means an individual who is under the age of 18 and who has not received a high school diploma or its equivalent. The term `parent' means a biological parent of a minor or other individual standing in place of the parent to a minor. No employer shall employ a minor unless the minor possesses a valid certificate of employment issued in accordance with this subsection. The Governor of a State shall designate a State agency to issue certificates of employment to minors in the State. The agency shall make available, on request, a form for the application described in paragraph (4) and shall make available, as part of the certification process, materials describing applicable Federal requirements governing the employment of minors. To be eligible to receive a certificate of employment, a minor must submit to the appropriate State agency an application that contains the name and address of the minor, the name and address of the employer, proof of age of the minor. And if the minor is under the age of 16 a written statement by a parent of the minor that the parent grants consent for employment of the minor. And written verification from the minor's school that the minor is meeting any applicable minimum school attendance requirements established under State law. On receipt of an application under paragraph (4), a State agency shall issue to the minor a certificate of employment, if the requirements of paragraph (4) are met. Or a statement of the denial of a certificate of employment , if the requirements of paragraph (4) are not met. A certificate of employment issued to a minor under this subsection shall be valid during the period in which the minor is employed by the employer listed on the certificate. A certificate of employment issued to a minor under this subsection shall indicate the name, address, and date of birth of the minor, the name and address of the employer. Restrictions on the times of day and maximum number of hours the minor may be employed and on the employment of the minor in hazardous occupations. And the name, address, and telephone number of the State agency that may be contacted for additional information concerning applicable Federal requirements governing the employment of minors. The State agency shall provide a copy of a certificate of employment issued to a minor under the age of 16 to the parent of the minor who granted consent pursuant to paragraph (4). A State agency shall report annually to the Secretary concerning certificates of employment issued under this subsection. The agency shall include such information as the Secretary requires (including information on the number of deaths and injuries of minors reported pursuant to subsection (f)).". Section 104. INFORMATION ON DEATHS AND INJURIES INVOLVING MINORS. INFORMATION DESCRIBING PROVISIONS OF FEDERAL CHILD LABOR LAW. Section 12 of the Fair Labor Standards Act of 1938 is further amended by adding at the end the following new subsections: If a minor in the course of employment suffers death, or an injury resulting in lost work time of more than 3 working days, not later than 10 days after the employer of the minor obtains knowledge of the death or injury, such employer shall provide to the State agency a written description of the death or injury. The Secretary shall prepare and distribute to State employment agencies written materials that describe the provisions of Federal law and regulations governing the employment of minors.". Section 105. HAZARDOUS CHILD LABOR OCCUPATIONS. Section 3(l) of the Fair Labor Standards Act of 1938 (29 USC. 203(l)) is amended by adding at the end the following new sentence: "The Secretary shall find and by order declare that poultry processing, fish and seafood processing, and pesticide handling are occupations that are particularly hazardous for the employment of children between the ages of 16 and 18 for purposes of this subsection.". Section 106. PROTECTION OF MINORS WHO ARE MIGRANT OR SEASONAL AGRICULTURAL WORKERS. Definition of Oppressive Child Labor. The first sentence of section 3(l) of the Fair Labor Standards Act of 1938 (29 USC. 203(l)) is amended by striking "or" before "(2)". And by inserting before the semicolon the following: ", or any employee under the age of 14 years is employed in agriculture, except where such employee is employed by a parent of the employee, or by a person standing in the place of a parent of the employee, on a farm owned or operated by such parent or person". Exemptions. Section 13(c) of such Act (29 USC. 213(c)) is amended in paragraph (1) by striking "(2) or (4)" and inserting ". And by striking "employed, if such employee " and all that follows through the end and inserting "employed, if such employee is 14 years of age or older.". And by striking paragraph (4). Section 107. REPORTS. Not later than 1, 2, and 3 years after the date of enactment of this Act, the Secretary of Labor shall provide to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report on actions taken to carry out, and the effect of, this title and the amendments made by this title, including national and State-by-State information on certificates of employment issued to minors under section 12(e) of the Fair Labor Standards Act of 1938. And deaths and injuries of minors occurring in the course of employment that are reported under section 12(f) of the Fair Labor Standards Act of 1938 . TITLE II MISCELLANEOUS Section 201. REGULATIONS. The Secretary of Labor shall issue such regulations as are necessary to carry out this Act and the amendments made by this Act. Section 202. EFFECTIVE DATE. This Act shall become effective 180 days after the date of enactment of this Act.

TABLE OF CONTENTS Title I: Child Labor Provisions Title II: Miscellaneous Child Labor Amendments of 1993 - Title I: Child Labor Provisions - Amends the Fair Labor Standards Act of 1938 to provide that a prior offense is not a prerequisite for imprisonment for willful violations of child labor provisions. Makes willful violators of child labor provisions who are repeat offenders ineligible: (1) for any direct or indirect Federal grant, contract, or loan, for three years after determination. And (2) to pay a special training wage below the minimum wage rate. Directs the Secretary of Labor to make available to affected school districts for posting and distribution the name of each employer who violates child labor provisions or regulations, together with the location and nature of the violation. Prohibits employment of any individual under age 18 who is not a high school graduate unless the employer has in effect a certificate for such employment issued annually with the approval of the minor's parents and appropriate local school officials. Requires employers to notify the State agency when they employ a minor. Requires employers of minors who in the the course of employment suffer death or injury resulting in lost work time of more than three days to provide the State agency with a written description of the death or injury within days after its occurrence. Directs the Secretary to find and declare as particularly hazardous for employment of children between the ages of 16 and 18 the following occupations : (1) poultry processing, (2) fish and seafood processing. And (3) pesticide handling. Sets forth child labor protections relating to migrant or seasonal agricultural labor. Prohibits under the definition of oppressive child labor, employing any person under the age of 14 in agriculture, except where the child's parent owns or operates the farm. Directs the Secretary to report to specified congressional committees on actions taken to carry out, and the effect of, this Act, including national and State-by-State information on: (1) certificates of employment issued to minors. And (2) reports of deaths and injuries to minors during employment. Title II: Miscellaneous - Directs the Secretary to issue regulations to carry out this Act.

Child Labor Amendments of 1993

107_s1357

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Although title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) does not prohibit discrimination on the basis of sexual orientation, one section of the Department of Education's Office for Civil Rights' 1997 final policy guidance, entitled ``Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties'' published in the Federal Register on March 13, 1997, 62 Fed. Reg. 12034, included a determination that ``sexual harassment directed at gay or lesbian students that is sufficiently serious to limit or deny a student's ability to participate in or benefit from the school's program constitutes sexual harassment prohibited by title IX under the circumstances described in this guidance.''. This language was unchanged in a 2001 update of the policy guidance entitled ``Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties'' for which a notice of availability was published in the Federal Register on January 19, 2001, 66 Fed. Reg. 5512. (2) That section of the 2001 ``Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties'' went on to state: ``Though beyond the scope of this guidance, gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, but not involving conduct of a sexual nature, is also a form of sex discrimination to which a school must respond, if it rises to the level that denies or limits a student's ability to participate in or benefit from the educational program....A school must respond to such harassment in accordance with the standards and procedures described in this guidance.''. (3) There is evidence that brings into question the degree to which the policy guidance on sexual harassment against gay, lesbian, bisexual, and transgender students is being implemented. For example, a 7-State study by Human Rights Watch of the abuses suffered by gay, lesbian, bisexual, and transgender students at the hands of their peers, published in ``Hatred in the Hallways: Violence and Discrimination Against Lesbian, Gay, Bisexual, and Transgender Students in U.S. Schools'' found that such students were often the victims of abuses. (4) A 2000 study by the American Association of University Women focused on implementation of title IX of the Education Amendments of 1972 more generally, and the findings of that study, published in ``A License for Bias: Sex Discrimination, Schools, and Title IX'', included a finding that many schools and universities have not established procedures for handling title IX-based grievances. (5) The 2001 report of the Surgeon General, entitled ``Surgeon General's Call to Action to Promote Sexual Health and Responsible Sexual Behavior'' notes that ``antihomosexual attitudes are associated with psychological distress for homosexual persons and may have a negative impact on mental health, including a greater incidence of depression and suicide, lower self-acceptance and a greater likelihood of hiding sexual orientation.''. It goes on to report: ``Averaged over two dozen studies, 80 percent of gay men and lesbians had experienced verbal or physical harassment on the basis of their orientation, 45 percent had been threatened with violence, and 17 percent had experienced a physical attack.''. (b) Purpose.--The purpose of this Act is to provide for an examination of how secondary schools are implementing the policy guidance of the Department of Education's Office for Civil Rights related to sexual harassment directed against gay, lesbian, bisexual, and transgender students. SEC. 2. STUDY OF HOW EDUCATIONAL INSTITUTIONS ARE IMPLEMENTING THE POLICY GUIDANCE RELATING TO SEXUAL HARASSMENT. (a) In General.--The United States Commission on Civil Rights (hereafter in this Act referred to as the ``Commission'') shall conduct a study of the 1997 final policy guidance entitled ``Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties'' published in the Federal Register on March 13, 1997, 62 Fed. Reg. 12034, and the application of such policy guidance. (b) Scope.-- (1) Nationwide.--The study shall be conducted nationwide. (2) Elements of study.--The study shall examine, at a minimum, with regard to secondary schools-- (A) the extent to which there exists sexual harassment against gay and lesbian students in secondary schools, using the applicable standards in the policy guidance of the Office for Civil Rights described in subsection (a); (B) the extent to which there exists gender-based harassment that negatively affects the learning environment of gay, lesbian, bisexual, and transgender students in secondary schools, applying the definition of such gender-based harassment contained in the 2001 update of the policy guidance entitled ``Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties'' for which a notice of availability was published in the Federal Register on January 19, 2001, 66 Fed. Reg. 5512; (C) the level of awareness by school officials and students of the policy guidance described in subsection (a); and (D) the level of implementation of such policy guidance. (c) Definition.--In this section, the term ``secondary school'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). SEC. 3. REPORTING OF FINDINGS. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Commission shall transmit to Congress and to the Secretary of Education-- (1) a report of the Commission's findings under section 2; and (2) any policy recommendations developed by the Commission based upon the study carried out under section 2. (b) Dissemination.--The report and recommendations shall be disseminated, in a manner that is easily understandable, to the public by means that include the Internet. SEC. 4. COOPERATION OF FEDERAL AGENCIES. (a) In General.--The head of each Federal department or agency shall cooperate in all respects with the Commission with respect to the study under section 2. (b) Information.--The head of each Federal department or agency shall provide to the Commission, to the extent permitted by law, such data, reports, and documents concerning the subject matter of such study as the Commission may request. (c) Definition.--In this section, the term ``Federal department or agency'' means any agency as defined in section 551 of title 5, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act, such sums as may be necessary for fiscal year 2002. (b) Availability.--Any amount appropriated under the authority of subsection (a) shall remain available until expended.

Directs the US Commission on Civil Rights to conduct a nationwide study, and report with policy recommendations to Congress and the Secretary of Education, on how secondary schools are implementing specified policy guidance of the Department of Education's Office for Civil Rights relating to sexual harassment directed against gay, lesbian, bisexual, and transgender students.

A bill to provide for an examination of how schools are implementing the policy guidance of the Department of Education's Office for Civil Rights relating to sexual harassment directed against gay, lesbian, bisexual, and transgender students.

<SECTION-HEADER> FINDINGS AND PURPOSE. Findings. Congress makes the following findings: Although title IX of the Education Amendments of 1972 does not prohibit discrimination on the basis of sexual orientation, one section of the Department of Education's Office for Civil Rights' 1997 final policy guidance, entitled "Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" published in the Federal Register on March 13, 1997, 62 Fed. Reg. 12034, included a determination that "sexual harassment directed at gay or lesbian students that is sufficiently serious to limit or deny a student's ability to participate in or benefit from the school's program constitutes sexual harassment prohibited by title IX under the circumstances described in this guidance.". This language was unchanged in a 2001 update of the policy guidance entitled "Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" for which a notice of availability was published in the Federal Register on January 19, 2001, 66 Fed. Reg. 5512. That section of the 2001 "Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" went on to state: "Though beyond the scope of this guidance, gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, but not involving conduct of a sexual nature, is also a form of sex discrimination to which a school must respond, if it rises to the level that denies or limits a student's ability to participate in or benefit from the educational program.. A school must respond to such harassment in accordance with the standards and procedures described in this guidance.". There is evidence that brings into question the degree to which the policy guidance on sexual harassment against gay, lesbian, bisexual, and transgender students is being implemented. For example, a 7-State study by Human Rights Watch of the abuses suffered by gay, lesbian, bisexual, and transgender students at the hands of their peers, published in "Hatred in the Hallways: Violence and Discrimination Against Lesbian, Gay, Bisexual, and Transgender Students in US Schools" found that such students were often the victims of abuses. A 2000 study by the American Association of University Women focused on implementation of title IX of the Education Amendments of 1972 more generally, and the findings of that study, published in "A License for Bias: Sex Discrimination, Schools, and Title IX", included a finding that many schools and universities have not established procedures for handling title IX-based grievances. The 2001 report of the Surgeon General, entitled "Surgeon General's Call to Action to Promote Sexual Health and Responsible Sexual Behavior" notes that "antihomosexual attitudes are associated with psychological distress for homosexual persons and may have a negative impact on mental health, including a greater incidence of depression and suicide, lower self-acceptance and a greater likelihood of hiding sexual orientation.". It goes on to report: "Averaged over two dozen studies, 80 percent of gay men and lesbians had experienced verbal or physical harassment on the basis of their orientation, 45 percent had been threatened with violence, and 17 percent had experienced a physical attack.". Purpose. The purpose of this Act is to provide for an examination of how secondary schools are implementing the policy guidance of the Department of Education's Office for Civil Rights related to sexual harassment directed against gay, lesbian, bisexual, and transgender students. <SECTION-HEADER> STUDY OF HOW EDUCATIONAL INSTITUTIONS ARE IMPLEMENTING THE POLICY GUIDANCE RELATING TO SEXUAL HARASSMENT. In General. The United States Commission on Civil Rights shall conduct a study of the 1997 final policy guidance entitled "Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" published in the Federal Register on March 13, 1997, 62 Fed. Reg. 12034, and the application of such policy guidance. Scope. Nationwide. The study shall be conducted nationwide. Elements of study. The study shall examine, at a minimum, with regard to secondary schools the extent to which there exists sexual harassment against gay and lesbian students in secondary schools, using the applicable standards in the policy guidance of the Office for Civil Rights described in subsection (a). The extent to which there exists gender-based harassment that negatively affects the learning environment of gay, lesbian, bisexual, and transgender students in secondary schools, applying the definition of such gender-based harassment contained in the 2001 update of the policy guidance entitled "Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties" for which a notice of availability was published in the Federal Register on January 19, 2001, 66 Fed. Reg. 5512. The level of awareness by school officials and students of the policy guidance described in subsection. And the level of implementation of such policy guidance. Definition. In this section, the term "secondary school" has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965 . <SECTION-HEADER> REPORTING OF FINDINGS. In General. Not later than 18 months after the date of enactment of this Act, the Commission shall transmit to Congress and to the Secretary of Education a report of the Commission's findings under section 2. And any policy recommendations developed by the Commission based upon the study carried out under section 2. Dissemination. The report and recommendations shall be disseminated, in a manner that is easily understandable, to the public by means that include the Internet. <SECTION-HEADER> COOPERATION OF FEDERAL AGENCIES. In General. The head of each Federal department or agency shall cooperate in all respects with the Commission with respect to the study under section 2. Information. The head of each Federal department or agency shall provide to the Commission, to the extent permitted by law, such data, reports, and documents concerning the subject matter of such study as the Commission may request. Definition. In this section, the term "Federal department or agency" means any agency as defined in section 551 of title 5, United States Code. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. In General. There are authorized to be appropriated to carry out this Act, such sums as may be necessary for fiscal year 2002. Availability. Any amount appropriated under the authority of subsection (a) shall remain available until expended.

Directs the US Commission on Civil Rights to conduct a nationwide study, and report with policy recommendations to Congress and the Secretary of Education, on how secondary schools are implementing specified policy guidance of the Department of Education's Office for Civil Rights relating to sexual harassment directed against gay, lesbian, bisexual, and transgender students.

A bill to provide for an examination of how schools are implementing the policy guidance of the Department of Education's Office for Civil Rights relating to sexual harassment directed against gay, lesbian, bisexual, and transgender students.

103_hr950

SECTION 1. MORTGAGE PAYMENT ASSISTANCE TO AVOID FORECLOSURE OF HOME LOANS GUARANTEED UNDER TITLE 38. (a) In General.--(1) Chapter 37 of title 38, United States Code, is amended by inserting after section 3714 the following new section: ``Sec. 3715. Loans to refinance delinquent indebtedness ``(a)(1) The Secretary may, at the Secretary's option, provide assistance to a veteran under this section for the purpose of avoiding the foreclosure of a housing loan made to that veteran and guaranteed by the Secretary under section 3710 or 3712 of this title (hereinafter in this section referred to as a `primary loan'). ``(2) Assistance under this section shall be in the form of a loan to the veteran. Such assistance may be provided only if-- ``(A) the dwelling that secures the primary loan is the current residence of the veteran and is occupied by the veteran as the veteran's home; ``(B) the veteran is at least six months delinquent in payments on that primary loan; ``(C) the veteran has lost employment or has had a substantial reduction in household income (as defined in regulations prescribed by the Secretary) through no fault of the veteran; and ``(D) the Secretary determines that there is a reasonable prospect that the veteran will be able to resume payment on the primary loan within six months after receiving assistance under this section. ``(3) For the purposes of this section, the term `veteran' includes the surviving spouse of a veteran if the surviving spouse was a co- obligor of the primary loan. ``(b)(1) A loan under this section shall be advanced to the holder of the primary loan. The amount of the loan under this subsection shall first be applied to the amount delinquent on the loan guaranteed under this chapter including any amount delinquent on taxes, assessments, hazard insurance, and late charges required by the holder to be included in the veteran's monthly payment on the mortgage. ``(2) The Secretary may make more than one loan under this section to a veteran. The total amount of loans under this section to any veteran may not exceed $10,000. ``(c) A loan under this section-- ``(1) shall bear no interest until the date on which payments on the primary loan (including amounts for taxes, assessments, hazard insurance, and late charges required by the holder to be included in the veteran's monthly payment on the mortgage) are current; ``(2) shall be secured by a lien on the property securing the primary loan and by such other security as the Secretary may require; and ``(3) shall be subject to such additional terms and conditions as the Secretary may require. ``(d) As a condition of receiving a loan under this section the veteran shall execute an agreement, in such form as the Secretary may prescribe, to repay the loan within a reasonable period of time, as determined by the Secretary, not to exceed 15 years from the date on which such loan is made. If the Secretary determines that the veteran has sufficient income or other resources to do so, the Secretary may require the veteran to make partial payments on the primary loan guaranteed under this chapter during the period the holder of that loan is applying the amount of the loan under this section to payments becoming due on the primary loan. ``(e) Notwithstanding any other law, the Secretary may employ attorneys to bring suit to collect any amount of a loan under this section on which the veteran to whom the loan is made is in default. ``(f) The Secretary's decisions on any question of law or fact regarding assistance under this section, including whether or not to grant such assistance and the terms and conditions under which such assistance is granted or not granted, shall be final and conclusive, and no other official or any court of the United States shall have power or jurisdiction to review any such decision by an action in the nature of mandamus or otherwise. ``(g) A loan under this section shall be made from the fund established under section 3724 or 3725 of this title that is available with respect to the primary loan in connection with which the loan is made under this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3714 the following new item: ``3715. Loans to refinance delinquent indebtedness.''. (b) Effective Date.--The amendments made by subsection (a), shall take effect at the end of the 60-day period beginning on the date of the enactment of this Act. SEC. 2. FINANCING OF DISCOUNT POINTS. Section 3703(c)(4)(B) of title 38, United States Code, is amended in the second sentence by striking out ``Discount'' and inserting in lieu thereof ``Except in the case of a loan for the purpose specified in section 3710(a)(8), 3710(b)(7), or section 3712(a)(1)(F) of this title, discount''. SEC. 3. RATE ADJUSTMENTS FOR ADJUSTABLE RATE MORTGAGES. Section 3707(b)(2) of title 38, United States Code, is amended by striking out ``on the anniversary of the date on which the loan was closed''.

Authorizes the Secretary of Veterans Affairs to provide assistance to a veteran to avoid foreclosure of a housing loan made and guaranteed by the Secretary through the Department of Veterans Affairs. Requires such assistance to be in the form of a loan. Outlines loan conditions, including that: (1) the dwelling that secures the primary loan is the current residence of the veteran. (2) the veteran is at least six months delinquent in mortgage payments. (3) the veteran has lost employment or suffered a substantial reduction in household income. And (4) there is a reasonable prospect that the veteran will be able to resume payment on the mortgage loan within six months after receiving such assistance. Authorizes the Secretary to make more than one loan to a veteran, with a per-veteran loan limitation of $10,000. Requires the veteran to execute an agreement with the Secretary to repay the loan within a reasonable period not to exceed 15 years. Frees the veteran from the payment of discount points for such loan. Revises the method of interest rate adjustment on mortgage loans guaranteed by the Secretary in a FY 1993 through 1995 demonstration project for guaranteeing loans in a manner similar to the manner in which the Secretary of Housing and Urban Development insures adjustable rate mortgages under the National Housing Act.

To amend title 38, United States Code, to provide mortgage payment assistance to avoid foreclosure of home loans guaranteed under title 38, and for other purposes.

<SECTION-HEADER> MORTGAGE PAYMENT ASSISTANCE TO AVOID FORECLOSURE OF HOME LOANS GUARANTEED UNDER TITLE 38. In General. (1) Chapter 37 of title 38, United States Code, is amended by inserting after section 3714 the following new section: "Section 3715. Loans to refinance delinquent indebtedness (1) The Secretary may, at the Secretary's option, provide assistance to a veteran under this section for the purpose of avoiding the foreclosure of a housing loan made to that veteran and guaranteed by the Secretary under section 3710 or 3712 of this title . Assistance under this section shall be in the form of a loan to the veteran. Such assistance may be provided only if the dwelling that secures the primary loan is the current residence of the veteran and is occupied by the veteran as the veteran's home. The veteran is at least six months delinquent in payments on that primary loan. The veteran has lost employment or has had a substantial reduction in household income through no fault of the veteran. And the Secretary determines that there is a reasonable prospect that the veteran will be able to resume payment on the primary loan within six months after receiving assistance under this section. For the purposes of this section, the term `veteran' includes the surviving spouse of a veteran if the surviving spouse was a co- obligor of the primary loan. (1) A loan under this section shall be advanced to the holder of the primary loan. The amount of the loan under this subsection shall first be applied to the amount delinquent on the loan guaranteed under this chapter including any amount delinquent on taxes, assessments, hazard insurance, and late charges required by the holder to be included in the veteran's monthly payment on the mortgage. The Secretary may make more than one loan under this section to a veteran. The total amount of loans under this section to any veteran may not exceed $10,000. A loan under this section shall bear no interest until the date on which payments on the primary loan are current. Shall be secured by a lien on the property securing the primary loan and by such other security as the Secretary may require. And shall be subject to such additional terms and conditions as the Secretary may require. As a condition of receiving a loan under this section the veteran shall execute an agreement, in such form as the Secretary may prescribe, to repay the loan within a reasonable period of time, as determined by the Secretary, not to exceed 15 years from the date on which such loan is made. If the Secretary determines that the veteran has sufficient income or other resources to do so, the Secretary may require the veteran to make partial payments on the primary loan guaranteed under this chapter during the period the holder of that loan is applying the amount of the loan under this section to payments becoming due on the primary loan. Notwithstanding any other law, the Secretary may employ attorneys to bring suit to collect any amount of a loan under this section on which the veteran to whom the loan is made is in default. The Secretary's decisions on any question of law or fact regarding assistance under this section, including whether or not to grant such assistance and the terms and conditions under which such assistance is granted or not granted, shall be final and conclusive, and no other official or any court of the United States shall have power or jurisdiction to review any such decision by an action in the nature of mandamus or otherwise. A loan under this section shall be made from the fund established under section 3724 or 3725 of this title that is available with respect to the primary loan in connection with which the loan is made under this section.". The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3714 the following new item: "3715. Loans to refinance delinquent indebtedness.". Effective Date. The amendments made by subsection (a), shall take effect at the end of the 60-day period beginning on the date of the enactment of this Act. <SECTION-HEADER> FINANCING OF DISCOUNT POINTS. Section 3703(c)(4)(B) of title 38, United States Code, is amended in the second sentence by striking out "Discount" and inserting in lieu thereof "Except in the case of a loan for the purpose specified in section 3710(a)(8), 3710(b)(7), or section 3712(a)(1)(F) of this title, discount". <SECTION-HEADER> RATE ADJUSTMENTS FOR ADJUSTABLE RATE MORTGAGES. Section 3707(b)(2) of title 38, United States Code, is amended by striking out "on the anniversary of the date on which the loan was closed".

Authorizes the Secretary of Veterans Affairs to provide assistance to a veteran to avoid foreclosure of a housing loan made and guaranteed by the Secretary through the Department of Veterans Affairs. Requires such assistance to be in the form of a loan. Outlines loan conditions, including that: (1) the dwelling that secures the primary loan is the current residence of the veteran. (2) the veteran is at least six months delinquent in mortgage payments. (3) the veteran has lost employment or suffered a substantial reduction in household income. And (4) there is a reasonable prospect that the veteran will be able to resume payment on the mortgage loan within six months after receiving such assistance. Authorizes the Secretary to make more than one loan to a veteran, with a per-veteran loan limitation of $10,000. Requires the veteran to execute an agreement with the Secretary to repay the loan within a reasonable period not to exceed 15 years. Frees the veteran from the payment of discount points for such loan. Revises the method of interest rate adjustment on mortgage loans guaranteed by the Secretary in a FY 1993 through 1995 demonstration project for guaranteeing loans in a manner similar to the manner in which the Secretary of Housing and Urban Development insures adjustable rate mortgages under the National Housing Act.

To amend title 38, United States Code, to provide mortgage payment assistance to avoid foreclosure of home loans guaranteed under title 38, and for other purposes.

106_s61

SECTION 1. SHORT TITLE. This Act may be cited as the ``Continued Dumping and Subsidy Offset Act of 1999''. SEC. 2. FINDINGS OF CONGRESS. Congress makes the following findings: (1) Consistent with the rights of the United States under the World Trade Organization, injurious dumping is to be condemned and actionable subsidies which cause injury to domestic industries must be effectively neutralized. (2) United States unfair trade laws have as their purpose the restoration of conditions of fair trade so that jobs and investment that should be in the United States are not lost through the false market signals. (3) The continued dumping or subsidization of imported products after the issuance of antidumping orders or findings or countervailing duty orders can frustrate the remedial purpose of the laws by preventing market prices from returning to fair levels. (4) Where dumping or subsidization continues, domestic producers will be reluctant to reinvest or rehire and may be unable to maintain pension and health care benefits that conditions of fair trade would permit. Similarly, small businesses and American farmers and ranchers may be unable to pay down accumulated debt, to obtain working capital, or to otherwise remain viable. (5) United States trade laws should be strengthened to see that the remedial purpose of those laws is achieved. SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930. (a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) is amended by inserting after section 753 following new section: ``SEC. 754. CONTINUED DUMPING AND SUBSIDY OFFSET. ``(a) In General.--Duties assessed pursuant to a countervailing duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 shall be distributed on an annual basis under this section to the affected domestic producers for qualifying expenditures. Such distribution shall be known as the `continued dumping and subsidy offset'. ``(b) Definitions.--As used in this section: ``(1) Affected domestic producer.--The term `affected domestic producer' means any manufacturer, producer, farmer, rancher, or worker representative (including associations of such persons) that-- ``(A) was a petitioner or interested party in support of the petition with respect to which an antidumping duty order, a finding under the Antidumping Act of 1921, or a countervailing duty order has been entered, and ``(B) remains in operation. Companies, businesses, or persons that have ceased the production of the product covered by the order or finding or who have been acquired by a company or business that is related to a company that opposed the investigation shall not be an affected domestic producer. ``(2) Commissioner.--The term `Commissioner' means the Commissioner of Customs. ``(3) Commission.--The term `Commission' means the United States International Trade Commission. ``(4) Qualifying expenditure.--The term `qualifying expenditure' means an expenditure incurred after the issuance of the antidumping duty finding or order or countervailing duty order in any of the following categories: ``(A) Plant. ``(B) Equipment. ``(C) Research and development. ``(D) Personnel training. ``(E) Acquisition of technology. ``(F) Health care benefits to employees paid for by the employer. ``(G) Pension benefits to employees paid for by the employer. ``(H) Environmental equipment, training, or technology. ``(I) Acquisition of raw materials and other inputs. ``(J) Borrowed working capital or other funds needed to maintain production. ``(5) Related to.--A company, business, or person shall be considered to be `related to' another company, business, or person if-- ``(A) the company, business, or person directly or indirectly controls or is controlled by the other company, business, or person, ``(B) a third party directly or indirectly controls both companies, businesses, or persons, ``(C) both companies, businesses, or persons directly or indirectly control a third party and there is reason to believe that the relationship causes the first company, business, or persons to act differently than a nonrelated party. For purposes of this paragraph, a party shall be considered to directly or indirectly control another party if the party is legally or operationally in a position to exercise restraint or direction over the other party. ``(c) Distribution Procedures.--The Commissioner shall prescribe procedures for distribution of the continued dumping or subsidies offset required by this section. Such distribution shall be made not later than 60 days after the first day of a fiscal year from duties assessed during the preceding fiscal year. ``(d) Parties Eligible for Distribution of Antidumping and Countervailing Duties Assessed.-- ``(1) List of affected domestic producers.--The Commission shall forward to the Commissioner within 60 days after the effective date of this section in the case of orders or findings in effect on such effective date, or in any other case, within 60 days after the date an antidumping or countervailing duty order or finding is issued, a list of petitioners and persons with respect to each order and finding and a list of persons that indicate support of the petition by letter or through questionnaire response. In those cases in which a determination of injury was not required or the Commission's records do not permit an identification of those in support of a petition, the Commission shall consult with the administering authority to determine the identity of the petitioner and those domestic parties who have entered appearances during administrative reviews conducted by the administering authority under section 751. ``(2) Publication of list; certification.--The Commissioner shall publish in the Federal Register at least 30 days before the distribution of a continued dumping and subsidy offset, a notice of intention to distribute the offset and the list of affected domestic producers potentially eligible for the distribution based on the list obtained from the Commission under paragraph (1). The Commissioner shall request a certification from each potentially eligible affected domestic producer-- ``(A) that the producer desires to receive a distribution; ``(B) that the producer is eligible to receive the distribution as an affected domestic producer; and ``(C) the qualifying expenditures incurred by the producer since the issuance of the order or finding for which distribution under this section has not previously been made. ``(3) Distribution of funds.--The Commissioner shall distribute all funds (including all interest earned on the funds) from assessed duties received in the preceding fiscal year to affected domestic producers based on the certifications described in paragraph (2). The distributions shall be made on a pro rata basis based on new and remaining qualifying expenditures. ``(e) Special Accounts.-- ``(1) Establishments.--Within 14 days after the effective date of this section, with respect to antidumping duty orders and findings and countervailing duty orders in effect on the effective date of this section, and within 14 days after the date an antidumping duty order or finding or countervailing duty order issued after the effective date takes effect, the Commissioner shall establish in the Treasury of the United States a special account with respect to each such order or finding. ``(2) Deposits into accounts.--The Commissioner shall deposit into the special accounts, all antidumping or countervailing duties (including interest earned on such duties) that are assessed after the effective date of this section under the antidumping order or finding or the countervailing duty order with respect to which the account was established. ``(3) Time and manner of distributions.--Consistent with the requirements of subsections (c) and (d), the Commissioner shall by regulation prescribe the time and manner in which distribution of the funds in a special account shall made. ``(4) Termination.--A special account shall terminate after-- ``(a) the order or finding with respect to which the account was established has terminated; ``(B) all entries relating to the order or finding are liquidated and duties assessed collected; ``(C) the Commissioner has provided notice and a final opportunity to obtain distribution pursuant to subsection (c); and ``(D) 90 days has elapsed from the date of the notice described in subparagraph (C). Amounts not claimed within 90 days of the date of the notice described in subparagraph (C), shall be deposited into the general fund of the Treasury.''. (b) Conforming Amendment.--The table of contents for title VII of the Tariff Act of 1930 is amended by inserting the following new item after the item relating to section 753: ``Sec. 754. Continued dumping and subsidy offset.''. (c) Effective Date.--The amendments made by this section shall apply with respect to all antidumping and countervailing duty assessments made on or after October 1, 1996.

Continued Dumping and Subsidy Offset Act of 1999 - Amends the Tariff Act of 1930 to declare that any duties assessed pursuant to a countervailing duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 shall be distributed on an annual basis as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures. Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development (RD), personnel training, acquisition of technology, employer-paid employee health care and pension benefits, environmental equipment, training or technology, acquisition of raw materials and other inputs, and borrowed working capital or other funds needed to maintain production. Directs the Commissioner of the US Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.

Continued Dumping and Subsidy Offset Act of 1999

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Continued Dumping and Subsidy Offset Act of 1999". <SECTION-HEADER> FINDINGS OF CONGRESS. Congress makes the following findings: Consistent with the rights of the United States under the World Trade Organization, injurious dumping is to be condemned and actionable subsidies which cause injury to domestic industries must be effectively neutralized. United States unfair trade laws have as their purpose the restoration of conditions of fair trade so that jobs and investment that should be in the United States are not lost through the false market signals. The continued dumping or subsidization of imported products after the issuance of antidumping orders or findings or countervailing duty orders can frustrate the remedial purpose of the laws by preventing market prices from returning to fair levels. Where dumping or subsidization continues, domestic producers will be reluctant to reinvest or rehire and may be unable to maintain pension and health care benefits that conditions of fair trade would permit. Similarly, small businesses and American farmers and ranchers may be unable to pay down accumulated debt, to obtain working capital, or to otherwise remain viable. United States trade laws should be strengthened to see that the remedial purpose of those laws is achieved. <SECTION-HEADER> AMENDMENTS TO THE TARIFF ACT OF 1930. In General. Title VII of the Tariff Act of 1930 is amended by inserting after section 753 following new section: "Section 754. CONTINUED DUMPING AND SUBSIDY OFFSET. In General. Duties assessed pursuant to a countervailing duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 shall be distributed on an annual basis under this section to the affected domestic producers for qualifying expenditures. Such distribution shall be known as the `continued dumping and subsidy offset'. Definitions. As used in this section: Affected domestic producer. The term `affected domestic producer' means any manufacturer, producer, farmer, rancher, or worker representative that was a petitioner or interested party in support of the petition with respect to which an antidumping duty order, a finding under the Antidumping Act of 1921, or a countervailing duty order has been entered, and remains in operation. Companies, businesses, or persons that have ceased the production of the product covered by the order or finding or who have been acquired by a company or business that is related to a company that opposed the investigation shall not be an affected domestic producer. Commissioner. The term `Commissioner' means the Commissioner of Customs. Commission. The term `Commission' means the United States International Trade Commission. Qualifying expenditure. The term `qualifying expenditure' means an expenditure incurred after the issuance of the antidumping duty finding or order or countervailing duty order in any of the following categories: Plant. Equipment. Research and development. Personnel training. Acquisition of technology. Health care benefits to employees paid for by the employer. Pension benefits to employees paid for by the employer. Environmental equipment, training, or technology. Acquisition of raw materials and other inputs. Borrowed working capital or other funds needed to maintain production. Related to. A company, business, or person shall be considered to be `related to' another company, business, or person if the company, business, or person directly or indirectly controls or is controlled by the other company, business, or person, a third party directly or indirectly controls both companies, businesses, or persons, both companies, businesses, or persons directly or indirectly control a third party and there is reason to believe that the relationship causes the first company, business, or persons to act differently than a nonrelated party. For purposes of this paragraph, a party shall be considered to directly or indirectly control another party if the party is legally or operationally in a position to exercise restraint or direction over the other party. Distribution Procedures. The Commissioner shall prescribe procedures for distribution of the continued dumping or subsidies offset required by this section. Such distribution shall be made not later than 60 days after the first day of a fiscal year from duties assessed during the preceding fiscal year. Parties Eligible for Distribution of Antidumping and Countervailing Duties Assessed. List of affected domestic producers. The Commission shall forward to the Commissioner within 60 days after the effective date of this section in the case of orders or findings in effect on such effective date, or in any other case, within 60 days after the date an antidumping or countervailing duty order or finding is issued, a list of petitioners and persons with respect to each order and finding and a list of persons that indicate support of the petition by letter or through questionnaire response. In those cases in which a determination of injury was not required or the Commission's records do not permit an identification of those in support of a petition, the Commission shall consult with the administering authority to determine the identity of the petitioner and those domestic parties who have entered appearances during administrative reviews conducted by the administering authority under section 751. Publication of list. Certification. The Commissioner shall publish in the Federal Register at least 30 days before the distribution of a continued dumping and subsidy offset, a notice of intention to distribute the offset and the list of affected domestic producers potentially eligible for the distribution based on the list obtained from the Commission under paragraph (1). The Commissioner shall request a certification from each potentially eligible affected domestic producer that the producer desires to receive a distribution. That the producer is eligible to receive the distribution as an affected domestic producer. And the qualifying expenditures incurred by the producer since the issuance of the order or finding for which distribution under this section has not previously been made. Distribution of funds. The Commissioner shall distribute all funds from assessed duties received in the preceding fiscal year to affected domestic producers based on the certifications described in paragraph (2). The distributions shall be made on a pro rata basis based on new and remaining qualifying expenditures. Special Accounts. Establishments. Within 14 days after the effective date of this section, with respect to antidumping duty orders and findings and countervailing duty orders in effect on the effective date of this section, and within 14 days after the date an antidumping duty order or finding or countervailing duty order issued after the effective date takes effect, the Commissioner shall establish in the Treasury of the United States a special account with respect to each such order or finding. Deposits into accounts. The Commissioner shall deposit into the special accounts, all antidumping or countervailing duties that are assessed after the effective date of this section under the antidumping order or finding or the countervailing duty order with respect to which the account was established. Time and manner of distributions. Consistent with the requirements of subsections (c) and (d), the Commissioner shall by regulation prescribe the time and manner in which distribution of the funds in a special account shall made. Termination. A special account shall terminate after the order or finding with respect to which the account was established has terminated. All entries relating to the order or finding are liquidated and duties assessed collected. The Commissioner has provided notice and a final opportunity to obtain distribution pursuant to subsection (c). And 90 days has elapsed from the date of the notice described in subparagraph (C). Amounts not claimed within 90 days of the date of the notice described in subparagraph (C), shall be deposited into the general fund of the Treasury.". Conforming Amendment. The table of contents for title VII of the Tariff Act of 1930 is amended by inserting the following new item after the item relating to section 753: "Section 754. Continued dumping and subsidy offset.". Effective Date. The amendments made by this section shall apply with respect to all antidumping and countervailing duty assessments made on or after October 1, 1996.

Continued Dumping and Subsidy Offset Act of 1999 - Amends the Tariff Act of 1930 to declare that any duties assessed pursuant to a countervailing duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 shall be distributed on an annual basis as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures. Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development (RD), personnel training, acquisition of technology, employer-paid employee health care and pension benefits, environmental equipment, training or technology, acquisition of raw materials and other inputs, and borrowed working capital or other funds needed to maintain production. Directs the Commissioner of the US Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties. Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.

Continued Dumping and Subsidy Offset Act of 1999

103_hr1531

SECTION 1. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the Martin Luther King, Junior, Historic Site and Preservation District is one of the most significant places in the country dedicated to African-American history; (2) the Martin Luther King, Junior, Historic Site and Preservation District receives the largest number of visitors compared to any other historic site in the State of Georgia and is the 3rd most visited historic site in the National Park Service in the country; (3) the lack of a comprehensive, international context within which to interpret African-American history and culture impedes the ability of all Americans, particularly African- Americans, to understand themselves and their relationship to America's past and its future; (4) African-American history is complex and requires the integration of diverse experiences of African-Americans ranging from slavery and freedom--to cultural, scientific and athletic endeavors, through the continued struggles for full participation in our society--to reinforce the positive self- image of African-Americans and to develop pride in their past and hope for their future; (5) the expansion of a national museum on African-American history and culture, which will include a wide array of collections from an eclectic group of African-Americans, will help all Americans, and those who visit our country from abroad, better understand and appreciate the significant contributions made by African-Americans to American as well as world history; (6) the African-American Panoramic Experience Museum is located in Atlanta, Georgia, at the gateway to and part of the Martin Luther King, Junior, Historic Site and Preservation District. The APEX houses its own African-American Collection and is the site of exhibitions on African-American art and culture; (7) the Atlanta Fulton County African American Research Library, under construction adjacent to The APEX, is designated by Fulton County to serve as the primary location in the Atlanta region for conducting research related to African- American studies and for fostering academic research initiatives on African-American history and culture. SEC. 2. REHABILITATION AND EXPANSION OF THE APEX (AFRICAN AMERICAN PANORAMIC EXPERIENCE) CENTER. (a) Rehabilitation.--The Secretary is authorized to make a grant to the Collections of Life and Heritage, Inc., a nonprofit corporation of The APEX, to rehabilitate their present facility, The APEX, in order to ``complement and enhance the District (the Martin Luther King, Junior, Historic Site and Preservation District) and the purposes for which the District is established (Public Law 96-428; 94 Stat. 1842; Sec. 4(c)(3)). The APEX is located in Atlanta, Georgia, at 135 Auburn Avenue, N.E., the gateway to the Martin Luther King, Junior, Historic Site and Preservation District. (b) Expansion.--To enhance the presentation and preservation of the significant contributions of African-Americans to the history and culture of America, the Secretary shall make a grant to the Collections of Life and Heritage, Inc., a nonprofit corporation of The Apex, to expand their present facility. (c) Requirements for Grant.--A grant may not be made under subsection (a) unless an application is made to the Secretary at such time and in such manner as the Secretary may require. The application shall include provisions designed to ensure that-- (1) the first floor of the expanded facility (The APEX II) can serve as a visitors center for the Martin Luther King, Junior, Historic Site and Preservation District and the surrounding National Park Service parks, to provide an orientation to the sites, activities, and services created to enhance their educational experience; and (2) the facility will serve as an international center to showcase the historical, intellectual, cultural, artistic, scientific, and athletic achievements of African-Americans through galleries, exhibitions, multivideo presentations and an archive collection filled with artifacts and memorabilia that reflect African and African-American life. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``APEX'' means the African American Panoramic Experience Museum located in Atlanta, Georgia; (2) the term ``Center'' means The African American Panoramic Experience (APEX) Center; and (3) the term ``Secretary'' means the Secretary of the Interior. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Amount.--There are authorized to be appropriated $12,500,000 to the Secretary for fiscal year 1994 to rehabilitate and expand The APEX. (b) Availability of Funds.--Funds appropriated pursuant to the authority of subsection (a) shall remain available until expended.

Authorizes the Secretary of the Interior to make grants to the Collections of Life and Heritage, Inc. a nonprofit corporation of the African-American Panoramic Experience Museum in Atlanta, Georgia, to rehabilitate and expand their present facility. Authorizes appropriations.

To authorize the rehabilitation and expansion of The African American Panoramic Experience Center within the Martin Luther King, Junior, Historic Site and Preservation District.

<SECTION-HEADER> CONGRESSIONAL FINDINGS. The Congress finds that the Martin Luther King, Junior, Historic Site and Preservation District is one of the most significant places in the country dedicated to African-American history. The Martin Luther King, Junior, Historic Site and Preservation District receives the largest number of visitors compared to any other historic site in the State of Georgia and is the 3rd most visited historic site in the National Park Service in the country. The lack of a comprehensive, international context within which to interpret African-American history and culture impedes the ability of all Americans, particularly African- Americans, to understand themselves and their relationship to America's past and its future. African-American history is complex and requires the integration of diverse experiences of African-Americans ranging from slavery and freedom to cultural, scientific and athletic endeavors, through the continued struggles for full participation in our society to reinforce the positive self- image of African-Americans and to develop pride in their past and hope for their future. The expansion of a national museum on African-American history and culture, which will include a wide array of collections from an eclectic group of African-Americans, will help all Americans, and those who visit our country from abroad, better understand and appreciate the significant contributions made by African-Americans to American as well as world history. The African-American Panoramic Experience Museum is located in Atlanta, Georgia, at the gateway to and part of the Martin Luther King, Junior, Historic Site and Preservation District. The APEX houses its own African-American Collection and is the site of exhibitions on African-American art and culture. The Atlanta Fulton County African American Research Library, under construction adjacent to The APEX, is designated by Fulton County to serve as the primary location in the Atlanta region for conducting research related to African- American studies and for fostering academic research initiatives on African-American history and culture. <SECTION-HEADER> REHABILITATION AND EXPANSION OF THE APEX CENTER. Rehabilitation. The Secretary is authorized to make a grant to the Collections of Life and Heritage, Inc. a nonprofit corporation of The APEX, to rehabilitate their present facility, The APEX, in order to "complement and enhance the District and the purposes for which the District is established (Public Law 96-428, 94 Stat. 1842. Section 4(c)(3)). The APEX is located in Atlanta, Georgia, at 135 Auburn Avenue, N. E. the gateway to the Martin Luther King, Junior, Historic Site and Preservation District. Expansion. To enhance the presentation and preservation of the significant contributions of African-Americans to the history and culture of America, the Secretary shall make a grant to the Collections of Life and Heritage, Inc. a nonprofit corporation of The Apex, to expand their present facility. Requirements for Grant. A grant may not be made under subsection (a) unless an application is made to the Secretary at such time and in such manner as the Secretary may require. The application shall include provisions designed to ensure that the first floor of the expanded facility can serve as a visitors center for the Martin Luther King, Junior, Historic Site and Preservation District and the surrounding National Park Service parks, to provide an orientation to the sites, activities, and services created to enhance their educational experience. And the facility will serve as an international center to showcase the historical, intellectual, cultural, artistic, scientific, and athletic achievements of African-Americans through galleries, exhibitions, multivideo presentations and an archive collection filled with artifacts and memorabilia that reflect African and African-American life. <SECTION-HEADER> DEFINITIONS. As used in this Act the term "APEX" means the African American Panoramic Experience Museum located in Atlanta, Georgia. The term "Center" means The African American Panoramic Experience (APEX) Center. And the term "Secretary" means the Secretary of the Interior. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. Amount. There are authorized to be appropriated $12,500,000 to the Secretary for fiscal year 1994 to rehabilitate and expand The APEX. Availability of Funds. Funds appropriated pursuant to the authority of subsection (a) shall remain available until expended.

Authorizes the Secretary of the Interior to make grants to the Collections of Life and Heritage, Inc. a nonprofit corporation of the African-American Panoramic Experience Museum in Atlanta, Georgia, to rehabilitate and expand their present facility. Authorizes appropriations.

To authorize the rehabilitation and expansion of The African American Panoramic Experience Center within the Martin Luther King, Junior, Historic Site and Preservation District.

114_s3530

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Patient Access to Healthcare Records Act of 2016''. SEC. 2. PROMOTION OF ACCESS TO DATA, VIA RESEARCH AND USER FRIENDLY PRESENTATIONS AND APPLICATIONS. (a) In General.--Subtitle D of the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17921 et seq.) is amended by adding at the end the following: ``PART 3--HEALTH CARE CLEARINGHOUSES; DATA PROCESSING TO EMPOWER PATIENTS AND IMPROVE THE HEALTH CARE SYSTEM ``SEC. 13451. MODERNIZING THE ROLE OF CLEARINGHOUSES IN HEALTH CARE. ``(a) Efforts To Promote Access to and Leveraging of Health Information.-- ``(1) In general.--The Secretary shall, through the updating of existing policies and development of policies that support dynamic technology solutions, promote patient access to information related to their care, including real world outcomes and economic data (including claims, eligibility, and payment data), in a manner that would ensure that such information is available in a form convenient for the patient, in a reasonable manner, and without burdening the health care provider involved. ``(2) Requirement.--Activities carried out under paragraph (1) shall include the development of policies to enable covered entities with access to health information to-- ``(A) provide patient access to information related to their care, including real world outcomes and economic data; and ``(B) develop patient engagement tools, reports, analyses, and presentations based on population health, epidemiological, and health services outcomes data, that may demonstrate a fiscal or treatment benefit to the taxpayer. ``(b) Treatment as Covered Entity for Specified Functions.-- ``(1) In general.--With respect to the use and disclosure of protected health information, the Secretary shall-- ``(A) not consider health care clearinghouses that engage in the functions described in paragraph (3) to be business associates under HIPAA-related provisions (as defined in subsection (j)(3)) regardless of the role of such clearinghouses in collecting or receiving the information; and ``(B) consider such clearinghouses to be covered entities under such provisions of law for all purposes. Such clearinghouses shall not be considered business associates for data translation, analytic, cloud computing, or any other purpose. ``(2) Data accuracy and security requirement.--In order to use health data as authorized by this section, a clearinghouse or other covered entity engaging in activities authorized under this section shall be certified to have the necessary expertise and technical infrastructure to ensure the accuracy and security of such claims, eligibility, and payment data through receipt of an accreditation by the Electronic Healthcare Network Accreditation Commission, or by an equivalent accreditation program determined appropriate by the Secretary. ``(3) Enhancing treatment, quality improvement, research, public health efforts and other functions.-- ``(A) Equivalent authority to other covered entities.--Subject to paragraph (2), a health care clearinghouse shall-- ``(i) in addition to carrying out claims processing functions, be permitted to use and disclose protected health information in the same manner as other covered entities, including for purposes of treatment, payment, health care operations as permitted by section 164.506 of title 45, Code of Federal Regulations, research, and public health as permitted by section 164.512 of title 45, Code of Federal Regulations, and creating de- identified information as permitted by section 164.502(d) of title 45, Code of Federal Regulations; and ``(ii) use or disclose protected health information as required by section 164.502(a)(2) of title 45, Code of Federal Regulations. ``(B) Additional authority.--Subject to paragraph (2), a health care clearinghouse and other covered entity shall, in addition to claims processing functions, be permitted to-- ``(i) provide individuals with access to their own protected health information as described in subsection (d); ``(ii) subject to subsection (c)(2), and on behalf of both covered entities and non-covered entities, use and disclose protected health information for health care operations purposes (as defined by section 164.501 of title 45, Code of Federal Regulations) without respect to whether the recipient of the information has or had a relationship with the individual; ``(iii) subject to subsection (c)(2), and upon the request of a covered entity, benchmark the operations of such covered entity against the operations of one or more other covered entities that have elected to participate in such benchmarking; and ``(iv) subject to subsection (c)(2), use protected health information to facilitate clinical trial recruitment. ``(c) Authorities Relating to Data Processing.-- ``(1) In general.--In carrying out HIPAA-related provisions, the Secretary shall permit a health care clearinghouse to aggregate protected health information that the clearinghouse possesses in order to carry out the functions described in subsection (b)(3). Subject to section 164.502(a)(5)(i) of title 45, Code of Federal Regulations, a health care clearinghouse may carry out the functions described in subsection (b)(3) without obtaining individual authorization under section 164.508 of title 45, Code of Federal Regulations. ``(2) Privacy.--For purposes of clauses (ii) through (iv) of subsection (b)(3)(B), with respect to any report, analysis, or presentation provided by the clearinghouse to a third party, such report, analysis, or presentation-- ``(A) shall include only de-identified data; or ``(B) if containing protected health information, shall include such data that is subject to a qualifying data use agreement (as defined in subsection (j)). ``(3) Fee permitted.--Nothing in this paragraph shall be construed to prohibit an individual's right to access claims and payment records in HIPAA standard format for a reasonable, cost-based fee pursuant to section 164.524(c)(4) of title 45, Code of Federal Regulations. In requesting access to records held by a health care clearinghouse, the individual shall identify the health care provider or providers that rendered care. ``(d) Comprehensive Records at the Request of an Individual.-- ``(1) In general.--When a health care clearinghouse receives a written request from an individual for the protected health information of the individual, the clearinghouse shall provide to the individual a comprehensive record of such information (across health care providers and health plans and longitudinal in scope), unless the clearinghouse determines in its sole discretion that providing a comprehensive record is not technologically feasible. ``(2) Purchase from other clearinghouses.--In preparing a comprehensive record for an individual under paragraph (1), a health care clearinghouse may, with the permission of the individual, purchase the protected health information of the individual from one or more other health clearinghouses (and the cost of such purchase may be included in a fair-market fee charged to the individual as provided for under paragraph (1)). ``(e) Situations Not Involving Direct Interaction With Individuals.--Sections 164.400 through 164.414 (relating to breach notification) and sections 164.520 through 164.528 (relating to individual rights) of title 45, Code of Federal Regulations, shall apply to a health care clearinghouse that engages in the functions described in subsection (b)(3) to the extent that such clearinghouse has current contact information pursuant to direct interaction with the individual involved. In the case of each other individual, the clearinghouse shall provide notice to the covered entity of any breach of unsecured protected health information and provide a notice of privacy practices on its website. ``(f) Transition.-- ``(1) In general.--Nothing in this section shall be construed to provide a health care clearinghouse greater authority to use and disclose protected health information than that provided to another covered entity. ``(2) Existing agreements.--With respect to agreements entered into by a health care clearinghouse prior to the date of enactment of this section, a provision of such an agreement that conflicts with this section shall not have any legal force or effect. The preceding sentence may not be construed as affecting any provision of an agreement that does not conflict with this section. ``(g) Safe Harbor and Clarification of Liability.--In the case of a health care clearinghouse that engages in a function described in subsection (b), only that clearinghouse may be held liable for a violation of a HIPAA-related provision (and a covered entity that provided data or data access to the clearinghouse shall not be liable for such violations). ``(h) Enforcement.--Section 13410(a)(2) shall apply to this section in the same manner as such section applies to parts 1 and 2. ``(i) Relation to Other Laws.-- ``(1) Application of hitech rule.--Section 13421 shall apply to this section in the same manner as such section applies to parts 1 and 2, except to the extent that such section 13421 concerns section 1178(a)(2)(B) of the Social Security Act. ``(2) State laws regarding unfair or deceptive acts or practices.--This part shall not be construed to preempt the law of any State that prohibits unfair or deceptive acts or practices. ``(j) Definitions.--In this part: ``(1) De-identified.--The term `de-identified', with respect to health information, means such information that is not individually identifiable as determined in accordance with the standards under section 164.514(b) of title 45, Code of Federal Regulations. ``(2) Health care clearinghouse.--The term `health care clearinghouse' has the meaning given such term in section 1171 of the Social Security Act. ``(3) HIPAA-related provision.--The term `HIPAA-related provision' means the provisions of each of the following: ``(A) This subtitle. ``(B) Part C of title XI of the Social Security Act. ``(C) Regulations promulgated pursuant to sections 262(a) and 264(c) of the Health Insurance Portability and Accountability Act of 1996 or this subtitle. ``(4) Individual.--The term `individual', with respect to protected health information, has the meaning applicable under section 160.103 of title 45, Code of Federal Regulations. ``(5) Qualifying data use agreement.--The term `qualifying data use agreement' means an agreement, which may be electronic, that establishes the permitted uses and disclosures of protected health information by the recipient consistent with this paragraph. A qualifying data use agreement between the health care clearinghouse and the data recipient shall-- ``(A) establish the permitted uses and disclosures of such information by the recipient which shall be limited to the original purpose of disclosure under subsection (b)(3)(B); and ``(B) provide that the data recipient will-- ``(i) not use or further disclose the information other than as permitted by the qualifying data use agreement or as otherwise required by law; ``(ii) use appropriate safeguards to prevent use or disclosure of the information other than as provided for by the qualifying data use agreement; and ``(iii) ensure that any agents to whom it provides the data agree to the same restrictions and conditions that apply to the data recipient with respect to such information.''. (b) Regulations.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to carry out the amendment made by subsection (a). (c) Conforming Amendment.--Section 1171(2) of the Social Security Act (42 U.S.C. 1320d(2)) is amended by inserting before the period the following: ``or receives a standard transaction from another entity and processes or facilitates the processing of health information into nonstandard format or nonstandard data content for the receiving entity. Such term also includes an entity that carries out such processing functions, processes standard health care claims, processes health care claim payments or provides advice on such, and processes eligibility claims relating to health plan transactions on behalf of a HIPAA covered entity and in addition, engages in any of the functions described in subsection (a) of section 13451 of the Health Information Technology for Economic and Clinical Health Act''.

Ensuring Patient Access to Healthcare Records Act of 2016 This bill amends the Health Information Technology for Economic and Clinical Health Act to require the Department of Health and Human Services to develop and update policies that enable certain health care clearinghouses, plans, and providersnbsp. To: (1) provide patients with access to information related to their care. And (2) develop patient-engagement tools, reports, analyses, and presentations that may demonstrate benefit to the taxpayer.

Ensuring Patient Access to Healthcare Records Act of 2016

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Ensuring Patient Access to Healthcare Records Act of 2016". <SECTION-HEADER> PROMOTION OF ACCESS TO DATA, VIA RESEARCH AND USER FRIENDLY PRESENTATIONS AND APPLICATIONS. In General. Subtitle D of the Health Information Technology for Economic and Clinical Health Act is amended by adding at the end the following: "PART 3 HEALTH CARE CLEARINGHOUSES. DATA PROCESSING TO EMPOWER PATIENTS AND IMPROVE THE HEALTH CARE SYSTEM "Section 13451. MODERNIZING THE ROLE OF CLEARINGHOUSES IN HEALTH CARE. Efforts To Promote Access to and Leveraging of Health Information. In general. The Secretary shall, through the updating of existing policies and development of policies that support dynamic technology solutions, promote patient access to information related to their care, including real world outcomes and economic data , in a manner that would ensure that such information is available in a form convenient for the patient, in a reasonable manner, and without burdening the health care provider involved. Requirement. Activities carried out under paragraph shall include the development of policies to enable covered entities with access to health information to provide patient access to information related to their care, including real world outcomes and economic data. And develop patient engagement tools, reports, analyses, and presentations based on population health, epidemiological, and health services outcomes data, that may demonstrate a fiscal or treatment benefit to the taxpayer. Treatment as Covered Entity for Specified Functions. In general. With respect to the use and disclosure of protected health information, the Secretary shall not consider health care clearinghouses that engage in the functions described in paragraph (3) to be business associates under HIPAA-related provisions (as defined in subsection (j)(3)) regardless of the role of such clearinghouses in collecting or receiving the information. And consider such clearinghouses to be covered entities under such provisions of law for all purposes. Such clearinghouses shall not be considered business associates for data translation, analytic, cloud computing, or any other purpose. Data accuracy and security requirement. In order to use health data as authorized by this section, a clearinghouse or other covered entity engaging in activities authorized under this section shall be certified to have the necessary expertise and technical infrastructure to ensure the accuracy and security of such claims, eligibility, and payment data through receipt of an accreditation by the Electronic Healthcare Network Accreditation Commission, or by an equivalent accreditation program determined appropriate by the Secretary. Enhancing treatment, quality improvement, research, public health efforts and other functions. Equivalent authority to other covered entities. Subject to paragraph (2), a health care clearinghouse shall in addition to carrying out claims processing functions, be permitted to use and disclose protected health information in the same manner as other covered entities, including for purposes of treatment, payment, health care operations as permitted by section 164.506 of title 45, Code of Federal Regulations, research, and public health as permitted by section 164.512 of title 45, Code of Federal Regulations, and creating de- identified information as permitted by section 164.502(d) of title 45, Code of Federal Regulations. And use or disclose protected health information as required by section 164.502(a)(2) of title 45, Code of Federal Regulations. Additional authority. Subject to paragraph , a health care clearinghouse and other covered entity shall, in addition to claims processing functions, be permitted to provide individuals with access to their own protected health information as described in subsection (d). Subject to subsection (c)(2), and on behalf of both covered entities and non-covered entities, use and disclose protected health information for health care operations purposes without respect to whether the recipient of the information has or had a relationship with the individual. Subject to subsection (c)(2), and upon the request of a covered entity, benchmark the operations of such covered entity against the operations of one or more other covered entities that have elected to participate in such benchmarking. And subject to subsection (c)(2), use protected health information to facilitate clinical trial recruitment. Authorities Relating to Data Processing. In general. In carrying out HIPAA-related provisions, the Secretary shall permit a health care clearinghouse to aggregate protected health information that the clearinghouse possesses in order to carry out the functions described in subsection (b)(3). Subject to section 164.502(a)(5)(i) of title 45, Code of Federal Regulations, a health care clearinghouse may carry out the functions described in subsection (b)(3) without obtaining individual authorization under section 164.508 of title 45, Code of Federal Regulations. Privacy. For purposes of clauses (ii) through (iv) of subsection (b)(3)(B), with respect to any report, analysis, or presentation provided by the clearinghouse to a third party, such report, analysis, or presentation shall include only de-identified data. Or if containing protected health information, shall include such data that is subject to a qualifying data use agreement (as defined in subsection (j)). Fee permitted. Nothing in this paragraph shall be construed to prohibit an individual's right to access claims and payment records in HIPAA standard format for a reasonable, cost-based fee pursuant to section 164.524(c)(4) of title 45, Code of Federal Regulations. In requesting access to records held by a health care clearinghouse, the individual shall identify the health care provider or providers that rendered care. Comprehensive Records at the Request of an Individual. In general. When a health care clearinghouse receives a written request from an individual for the protected health information of the individual, the clearinghouse shall provide to the individual a comprehensive record of such information , unless the clearinghouse determines in its sole discretion that providing a comprehensive record is not technologically feasible. Purchase from other clearinghouses. In preparing a comprehensive record for an individual under paragraph (1), a health care clearinghouse may, with the permission of the individual, purchase the protected health information of the individual from one or more other health clearinghouses (and the cost of such purchase may be included in a fair-market fee charged to the individual as provided for under paragraph (1)). Situations Not Involving Direct Interaction With Individuals. Sections 164.400 through 164.414 and sections 164.520 through 164.528 of title 45, Code of Federal Regulations, shall apply to a health care clearinghouse that engages in the functions described in subsection (b)(3) to the extent that such clearinghouse has current contact information pursuant to direct interaction with the individual involved. In the case of each other individual, the clearinghouse shall provide notice to the covered entity of any breach of unsecured protected health information and provide a notice of privacy practices on its website. Transition. In general. Nothing in this section shall be construed to provide a health care clearinghouse greater authority to use and disclose protected health information than that provided to another covered entity. Existing agreements. With respect to agreements entered into by a health care clearinghouse prior to the date of enactment of this section, a provision of such an agreement that conflicts with this section shall not have any legal force or effect. The preceding sentence may not be construed as affecting any provision of an agreement that does not conflict with this section. Safe Harbor and Clarification of Liability. In the case of a health care clearinghouse that engages in a function described in subsection (b), only that clearinghouse may be held liable for a violation of a HIPAA-related provision . Enforcement. Section 13410(a)(2) shall apply to this section in the same manner as such section applies to parts 1 and 2. Relation to Other Laws. Application of hitech rule. Section 13421 shall apply to this section in the same manner as such section applies to parts 1 and 2, except to the extent that such section 13421 concerns section 1178(a)(2)(B) of the Social Security Act. State laws regarding unfair or deceptive acts or practices. This part shall not be construed to preempt the law of any State that prohibits unfair or deceptive acts or practices. Definitions. In this part: De-identified. The term `de-identified', with respect to health information, means such information that is not individually identifiable as determined in accordance with the standards under section 164.514(b) of title 45, Code of Federal Regulations. Health care clearinghouse. The term `health care clearinghouse' has the meaning given such term in section 1171 of the Social Security Act. HIPAA-related provision. The term `HIPAA-related provision' means the provisions of each of the following: This subtitle. Part C of title XI of the Social Security Act. Regulations promulgated pursuant to sections 262(a) and 264(c) of the Health Insurance Portability and Accountability Act of 1996 or this subtitle. Individual. The term `individual', with respect to protected health information, has the meaning applicable under section 160.103 of title 45, Code of Federal Regulations. Qualifying data use agreement. The term `qualifying data use agreement' means an agreement, which may be electronic, that establishes the permitted uses and disclosures of protected health information by the recipient consistent with this paragraph. A qualifying data use agreement between the health care clearinghouse and the data recipient shall establish the permitted uses and disclosures of such information by the recipient which shall be limited to the original purpose of disclosure under subsection (b)(3)(B). And provide that the data recipient will not use or further disclose the information other than as permitted by the qualifying data use agreement or as otherwise required by law. Use appropriate safeguards to prevent use or disclosure of the information other than as provided for by the qualifying data use agreement. And ensure that any agents to whom it provides the data agree to the same restrictions and conditions that apply to the data recipient with respect to such information.". Regulations. Not later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to carry out the amendment made by subsection . Conforming Amendment. Section 1171(2) of the Social Security Act (42 USC. 1320d(2)) is amended by inserting before the period the following: "or receives a standard transaction from another entity and processes or facilitates the processing of health information into nonstandard format or nonstandard data content for the receiving entity. Such term also includes an entity that carries out such processing functions, processes standard health care claims, processes health care claim payments or provides advice on such, and processes eligibility claims relating to health plan transactions on behalf of a HIPAA covered entity and in addition, engages in any of the functions described in subsection (a) of section 13451 of the Health Information Technology for Economic and Clinical Health Act".

Ensuring Patient Access to Healthcare Records Act of 2016 This bill amends the Health Information Technology for Economic and Clinical Health Act to require the Department of Health and Human Services to develop and update policies that enable certain health care clearinghouses, plans, and providersnbsp. To: (1) provide patients with access to information related to their care. And (2) develop patient-engagement tools, reports, analyses, and presentations that may demonstrate benefit to the taxpayer.

Ensuring Patient Access to Healthcare Records Act of 2016

110_hr7101

SECTION 1. PULP AND PAPER ENERGY SECURITY TASK FORCE. (a) Definitions.--In this section: (1) The terms ``Department'' and ``Secretary'' mean the Department of Energy and the Secretary thereof, respectively. (2) The term ``task force'' means the task force established under subsection (b). (b) Energy Task Force.-- (1) Establishment.--The Secretary shall establish a task force, to be known as the Pulp and Paper Energy Security Task Force, to address the energy needs of the forest product industry and similar manufacturing operations. (2) Duties.--The task force shall-- (A) identify-- (i) the energy needs of the forest product industry and similar manufacturing operations; (ii) the programs and services provided by the Federal Government, State governments, and nongovernment organizations that may serve to lower energy costs, including through the introduction or increased use of renewable fuels in papermaking operations and allied industries; (B) assess the extent to which the programs and services identified under subparagraph (A)(ii) serve the needs identified under subparagraph (A)(i); (C) make recommendations to the Secretary on how to more effectively serve the needs identified under subparagraph (A)(i) through-- (i) programs and services identified under subparagraph (A)(ii); (ii) new programs and services promoted by the task force; and (iii) statutory changes. (D) make recommendations on how the Secretary may promote-- (i) new programs and services that the task force recommends under subparagraph (C)(ii); and (ii) programs and services identified under subparagraph (A)(ii); (E) make recommendations on how the Secretary may inform and educate with respect to-- (i) the needs identified under subparagraph (A)(i); (ii) new programs and services that the task force recommends under subparagraph (C)(ii); and (iii) programs and services identified under subparagraph (A)(ii); (F) make recommendations on how the Secretary may more effectively work with public and private interests to address the energy needs of the forest product industry and similar manufacturing operations; and (G) make recommendations on the creation of a permanent advisory board that would make recommendations to the Secretary on how to address the energy needs of the forest product industry and similar manufacturing operations. (3) Internet website recommendations.--The task force shall make recommendations to the Secretary relating to the establishment of an Internet website to be used by the Department to receive and dispense information and resources with respect to the needs identified under paragraph (2)(A)(i) and the programs and services identified under paragraph (2)(A)(ii). As part of the recommendations, the task force shall identify the Internet sites of appropriate programs, services, and organizations, both public and private, to which the Internet website should link. (4) Education programs.--The task force shall make recommendations to the Secretary relating to developing additional education materials and programs with respect to the needs identified under paragraph (2)(A)(i). (5) Existing materials-.--The task force shall organize and distribute existing materials that inform and educate with respect to the needs identified under paragraph (2)(A)(i) and the programs and services identified under paragraph (2)(A)(ii). (6) Coordination with public and private sector.--In carrying out its responsibilities under this section, the task force shall coordinate with, and may accept materials and assistance as it determines appropriate from-- (A) any subordinate officer of the Secretary; (B) other Federal agencies, their officers, or employees; and (C) any other organization, entity, or person not described in subparagraph (A) or (B). (7) Chair and vice-chair.--The task force shall have-- (A) a Chair, appointed by the Secretary; and (B) a Vice-Chair, appointed by the Secretary, in consultation with appropriate nongovernmental organizations, entities, or persons. (8) Members.-- (A) Chair and vice-chair.--The Chair and the Vice- Chair shall serve as members of the task force. (B) Additional members.-- (i) In general.--The task force shall have additional members, each of whom shall be appointed by the Chair, with the approval of the Secretary. (ii) Number of members.--The number of additional members shall be determined by the Chair, in consultation with the Secretary, except that-- (I) the additional members shall include, for each of the groups specified in subparagraph (C), at least 1 member appointed from within that group; and (II) the number of additional members shall not exceed 13. (C) Groups represented.--The groups specified in this subparagraph are-- (i) subject matter experts; (ii) labor unions representing employees of the forest product industry and similar manufacturing operations; (iii) vendors of energy technologies to the forest product industry and similar manufacturing operations; (iv) academics with expertise in the use of energy technologies within the forest product industry and similar manufacturing operations; (v) the forest product industry and similar manufacturing operations trade associations; (vi) Federal, State, or local agencies engaged in energy improvements and cost reductions at within the forest product industry and similar manufacturing operations. (9) Meetings.-- (A) Frequency.--The task force shall meet at least 2 times per year, and more frequently if necessary to perform its duties. (B) Quorum.--A majority of the members of the task force shall constitute a quorum. (C) Location.--The Secretary shall designate, and make available to the task force, a location at a facility under the control of the Secretary for use by the task force for its meetings. (D) Minutes.-- (i) In general.--Not later than 90 days after each meeting, the task force shall publish the minutes of the meeting and shall submit to Secretary any findings or recommendations approved at the meeting. (ii) Submission to congress.--Not later than 60 days after the date that the Secretary receives minutes under clause (i) the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives such minutes, together with any comments the Secretary considers appropriate. (E) Findings.-- (i) In general.--Not later than the date that the task force terminates under paragraph (13) the task force shall submit to the Secretary a final report on any findings and recommendations of the task force approved at a meeting of the task force. (ii) Submission to congress.--Not later than 90 days after the date that the Administrator receives the report under clause (i), the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives the full text of the report submitted under clause (i), together with any comments the Secretary considers appropriate. (10) Personnel matters.-- (A) Compensation of members.--Each member of the task force shall serve without pay for their service on the task force. (B) Travel expenses.--Each member of the task force shall 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) Detail of department of energy employees.--The Secretary may detail, without reimbursement, any of the personnel of the Department to the task force to assist it in carrying out its duties. Such a detail shall be without interruption or loss of civil status or privilege. (D) Department of energy support of the task force.--Upon the request of the task force, the Secretary shall provide to the task force the administrative support services that the Secretary and the Chair jointly determine to be necessary for the task force to carry out its duties. (11) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the task force. (12) Startup.--The initial appointment of the members of the task force shall be completed not later than 90 days after the date of enactment of this section and the first meeting of the task force shall be not later than 180 days after the date of enactment of this section. (13) Termination.-- (A) In general.--Except as provided in subparagraph (B), the task force shall terminate at the end of fiscal year 2012. (B) Exception.--If, as of the termination date under subparagraph (A), the task force has not complied with paragraph (9)(D) with respect to 1 or more meetings, then the task force shall continue after the termination date for the sole purpose of achieving compliance with paragraph (9)(D) with respect to those meetings. (14) Authorization of funding.--There are authorized to be appropriated to carry out this section $200,000 for each of fiscal years 2009 through 2012.

Directs the Secretary of Energy to establish a Pulp and Paper Energy Security Task Force to: (1) identify the energy needs of the forest product industry and similar manufacturing operations, and programs and services provided by the federal and state governments, as well as nongovernment organizations, that may serve to lower energy costs. And (2) assess the extent to which such programs and services serve those needs. Requires the Task Force to make recommendations to the Secretary on: (1) how to more effectively serve such needs, (2) how to promote recommended new programs and services. (3) creation of a permanent advisory board and establishment of an Internet website to receive and dispense relevant information and resources. And (4) development of additional education materials and programs. Requires the Task Force to organize and distribute existing materials that inform and educate with respect to such energy needs of the forest product industry and similar manufacturing operations.

To establish a task force to lower energy costs for the forest product industry and similar manufacturing operations, and for other purposes.

<SECTION-HEADER> PULP AND PAPER ENERGY SECURITY TASK FORCE. Definitions. In this section: The terms "Department" and "Secretary" mean the Department of Energy and the Secretary thereof, respectively. The term "task force" means the task force established under subsection (b). Energy Task Force. Establishment. The Secretary shall establish a task force, to be known as the Pulp and Paper Energy Security Task Force, to address the energy needs of the forest product industry and similar manufacturing operations. Duties. The task force shall identify the energy needs of the forest product industry and similar manufacturing operations. The programs and services provided by the Federal Government, State governments, and nongovernment organizations that may serve to lower energy costs, including through the introduction or increased use of renewable fuels in papermaking operations and allied industries. Assess the extent to which the programs and services identified under subparagraph (A)(ii) serve the needs identified under subparagraph (A)(i). Make recommendations to the Secretary on how to more effectively serve the needs identified under subparagraph (A)(i) through programs and services identified under subparagraph (A)(ii), new programs and services promoted by the task force. And statutory changes. make recommendations on how the Secretary may promote new programs and services that the task force recommends under subparagraph (C)(ii), and programs and services identified under subparagraph (A)(ii). Make recommendations on how the Secretary may inform and educate with respect to the needs identified under subparagraph (i). New programs and services that the task force recommends under subparagraph (ii), and programs and services identified under subparagraph (A)(ii). Make recommendations on how the Secretary may more effectively work with public and private interests to address the energy needs of the forest product industry and similar manufacturing operations. And make recommendations on the creation of a permanent advisory board that would make recommendations to the Secretary on how to address the energy needs of the forest product industry and similar manufacturing operations. Internet website recommendations. The task force shall make recommendations to the Secretary relating to the establishment of an Internet website to be used by the Department to receive and dispense information and resources with respect to the needs identified under paragraph (2)(A)(i) and the programs and services identified under paragraph (A)(ii). As part of the recommendations, the task force shall identify the Internet sites of appropriate programs, services, and organizations, both public and private, to which the Internet website should link. Education programs. The task force shall make recommendations to the Secretary relating to developing additional education materials and programs with respect to the needs identified under paragraph (2)(A)(i). Existing materials-. The task force shall organize and distribute existing materials that inform and educate with respect to the needs identified under paragraph (2)(A)(i) and the programs and services identified under paragraph (A)(ii). Coordination with public and private sector. In carrying out its responsibilities under this section, the task force shall coordinate with, and may accept materials and assistance as it determines appropriate from any subordinate officer of the Secretary, other Federal agencies, their officers, or employees. And any other organization, entity, or person not described in subparagraph (A) or (B). Chair and vice-chair. The task force shall have a Chair, appointed by the Secretary. And a Vice-Chair, appointed by the Secretary, in consultation with appropriate nongovernmental organizations, entities, or persons. Members. Chair and vice-chair. The Chair and the Vice- Chair shall serve as members of the task force. Additional members. In general. The task force shall have additional members, each of whom shall be appointed by the Chair, with the approval of the Secretary. Number of members. The number of additional members shall be determined by the Chair, in consultation with the Secretary, except that the additional members shall include, for each of the groups specified in subparagraph (C), at least 1 member appointed from within that group. And the number of additional members shall not exceed 13. Groups represented. The groups specified in this subparagraph are subject matter experts. Labor unions representing employees of the forest product industry and similar manufacturing operations. Vendors of energy technologies to the forest product industry and similar manufacturing operations. Academics with expertise in the use of energy technologies within the forest product industry and similar manufacturing operations, the forest product industry and similar manufacturing operations trade associations. Federal, State, or local agencies engaged in energy improvements and cost reductions at within the forest product industry and similar manufacturing operations. Meetings. Frequency. The task force shall meet at least 2 times per year, and more frequently if necessary to perform its duties. Quorum. A majority of the members of the task force shall constitute a quorum. Location. The Secretary shall designate, and make available to the task force, a location at a facility under the control of the Secretary for use by the task force for its meetings. Minutes. In general. Not later than 90 days after each meeting, the task force shall publish the minutes of the meeting and shall submit to Secretary any findings or recommendations approved at the meeting. Submission to congress. Not later than 60 days after the date that the Secretary receives minutes under clause (i) the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives such minutes, together with any comments the Secretary considers appropriate. Findings. In general. Not later than the date that the task force terminates under paragraph the task force shall submit to the Secretary a final report on any findings and recommendations of the task force approved at a meeting of the task force. Submission to congress. Not later than 90 days after the date that the Administrator receives the report under clause , the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives the full text of the report submitted under clause (i), together with any comments the Secretary considers appropriate. Personnel matters. Compensation of members. Each member of the task force shall serve without pay for their service on the task force. Travel expenses. Each member of the task force shall 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. Detail of department of energy employees. The Secretary may detail, without reimbursement, any of the personnel of the Department to the task force to assist it in carrying out its duties. Such a detail shall be without interruption or loss of civil status or privilege. Department of energy support of the task force. Upon the request of the task force, the Secretary shall provide to the task force the administrative support services that the Secretary and the Chair jointly determine to be necessary for the task force to carry out its duties. Federal advisory committee act. The Federal Advisory Committee Act shall not apply to the task force. Startup. The initial appointment of the members of the task force shall be completed not later than 90 days after the date of enactment of this section and the first meeting of the task force shall be not later than 180 days after the date of enactment of this section. Termination. In general. Except as provided in subparagraph , the task force shall terminate at the end of fiscal year 2012. Exception. If, as of the termination date under subparagraph (A), the task force has not complied with paragraph (9)(D) with respect to 1 or more meetings, then the task force shall continue after the termination date for the sole purpose of achieving compliance with paragraph (9)(D) with respect to those meetings. Authorization of funding. There are authorized to be appropriated to carry out this section $200,000 for each of fiscal years 2009 through 2012.

Directs the Secretary of Energy to establish a Pulp and Paper Energy Security Task Force to: (1) identify the energy needs of the forest product industry and similar manufacturing operations, and programs and services provided by the federal and state governments, as well as nongovernment organizations, that may serve to lower energy costs. And (2) assess the extent to which such programs and services serve those needs. Requires the Task Force to make recommendations to the Secretary on: (1) how to more effectively serve such needs, (2) how to promote recommended new programs and services. (3) creation of a permanent advisory board and establishment of an Internet website to receive and dispense relevant information and resources. And (4) development of additional education materials and programs. Requires the Task Force to organize and distribute existing materials that inform and educate with respect to such energy needs of the forest product industry and similar manufacturing operations.

To establish a task force to lower energy costs for the forest product industry and similar manufacturing operations, and for other purposes.

103_s1823

SECTION 1. SHORT TITLE AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Video Game Rating Act of 1994''. (b) Purpose.--The purpose of this Act is to provide parents with information about the nature of video games which are used in homes or public areas, including arcades or family entertainment centers. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the terms ``video games'' and ``video devices'' mean any interactive computer game, including all software, framework and hardware necessary to operate a game, placed in interstate commerce; and (2) the term ``video game industry'' means all manufacturers of video games and related products. SEC. 3. THE INTERACTIVE ENTERTAINMENT RATING COMMISSION. (a) Establishment.--There is established the Interactive Entertainment Rating Commission (hereafter in this Act referred to as the ``Commission'') which shall be an independent establishment in the executive branch as defined under section 104 of title 5, United States Code. (b) Members of the Commission.--(1)(A) The Commission shall be composed of 5 members. No more than 3 members shall be affiliated with any 1 political party. (B) The members shall be appointed by the President, by and with the advice and consent of the Senate. The President shall designate 1 member as the Chairman of the Commission. (2) All members shall be appointed within 60 days after the date of the enactment of this Act. (c) Terms.--Each member shall serve until the termination of the Commission. (d) Vacancies.--A vacancy on the Commission shall be filled in the same manner as the original appointment. (e) Compensation of Members.--(1) The Chairman shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5314 of title 5, United States Code, for each day (including traveltime) during which the Chairman is engaged in the performance of duties vested in the Commission. (2) Except for the Chairman who shall be paid as provided under subparagraph (A), each member of the Commission shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level V of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including traveltime) during which the member is engaged in the performance of duties vested in the Commission. (3) The amendments made by this subsection are repealed effective on the date of termination of the Commission. (f) Staff.--(1) The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) The Chairman 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, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (g) Consultants.--The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants under section 3109 of title 5, United States Code. The Commission shall give public notice of any such contract before entering into such contract. (h) Funding.--(1) There are authorized to be appropriated to the Commission such sums as are necessary to enable the Commission to carry out its duties under this Act, such sums to remain available until December 31, 1996. (2) The Commission shall set a reasonable user fee which shall be calculated to be sufficient to reimburse the United States for all sums appropriated under subparagraph (1). (i) Termination.--The Commission shall terminate on the earlier of-- (1) December 31, 1996; or (2) 90 days after the Commission submits a written determination to the President that voluntary standards are established that are adequate to warn purchasers of the violent or sexually explicit content of video games. SEC. 4. AUTHORITY AND FUNCTIONS OF THE COMMISSION. (a) Voluntary Standards.--(1) The Commission shall-- (A) during the 1-year period beginning on the date of the enactment of this Act, and to the greatest extent practicable, coordinate with the video game industry in the development of a voluntary system for providing information concerning the contents of video games to purchasers and users; and (B) 1 year after the date of enactment of this Act-- (i) evaluate whether any voluntary standards proposed by the video game industry are adequate to warn purchasers and users about the violence or sexually explicit content of video games; and (ii) determine whether the voluntary industry response is sufficient to adequately warn parents and users of the violence or sex content of video games. (2) If before the end of the 1-year period beginning on the date of the enactment of this Act, the Commission makes a determination of adequate industry response under paragraph (1)(B)(ii) and a determination that sufficient voluntary standards are established, the Commission shall-- (A) submit a report of such determinations and the reasons therefor to the President and the Congress; and (B) terminate in accordance with section 3(i)(2). (b) Regulatory Authority.--Effective on and after the date occurring 1 year after the date of the enactment of this Act the Commission may promulgate regulations requiring manufacturers and sellers of video games to provide adequate information relating to violence or sexually explicit content of such video games to purchasers and users. SEC. 5. ANTITRUST EXEMPTION. The antitrust laws as defined in subsection (a) of the first section of the Clayton Act (15 U.S.C. 45) and the law of unfair competition under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the video game industry for the purpose of, and limited to, developing and disseminating voluntary guidelines designed to provide appropriate information regarding the sex or violence content of video games to purchasers of video games at the point of sale or initial use or other users of such video games. The exemption provided for in this subsection shall not apply to any joint discussion, consideration, review, action, or agreement which results in a boycott of any person.

Video Game Rating Act of 1994 - Establishes the Interactive Entertainment Rating Commission to: (1) coordinate with the video game industry in the development of a voluntary standard for providing information to purchasers and users concerning the contents of video games. (2) evaluate whether any standards proposed are adequate to warn purchasers and users of the violent or sexually explicit content of such games. And (3) report to the President and the Congress regarding the adequacy of the industry's response. Provides Commission funding through December 31, 1996. Directs the Commission to set a reasonable user fee calculated to be sufficient to reimburse the United States for all sums so appropriated. Terminates the Commission on the earlier of such date or 90 days after submission of its report. Provides an antitrust exemption for any actions taken by the video game industry in developing such guidelines.

Video Game Rating Act of 1994

<SECTION-HEADER> SHORT TITLE AND PURPOSE. Short Title. This Act may be cited as the "Video Game Rating Act of 1994". Purpose. The purpose of this Act is to provide parents with information about the nature of video games which are used in homes or public areas, including arcades or family entertainment centers. <SECTION-HEADER> DEFINITIONS. For purposes of this Act the terms "video games" and "video devices" mean any interactive computer game, including all software, framework and hardware necessary to operate a game, placed in interstate commerce. And the term "video game industry" means all manufacturers of video games and related products. <SECTION-HEADER> THE INTERACTIVE ENTERTAINMENT RATING COMMISSION. Establishment. There is established the Interactive Entertainment Rating Commission which shall be an independent establishment in the executive branch as defined under section 104 of title 5, United States Code. Members of the Commission. (1)(A) The Commission shall be composed of 5 members. No more than 3 members shall be affiliated with any 1 political party. The members shall be appointed by the President, by and with the advice and consent of the Senate. The President shall designate 1 member as the Chairman of the Commission. All members shall be appointed within 60 days after the date of the enactment of this Act. Terms. Each member shall serve until the termination of the Commission. Vacancies. A vacancy on the Commission shall be filled in the same manner as the original appointment. Compensation of Members. (1) The Chairman shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5314 of title 5, United States Code, for each day during which the Chairman is engaged in the performance of duties vested in the Commission. Except for the Chairman who shall be paid as provided under subparagraph (A), each member of the Commission shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level V of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which the member is engaged in the performance of duties vested in the Commission. The amendments made by this subsection are repealed effective on the date of termination of the Commission. Staff. (1) The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. The Chairman 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, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. Consultants. The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants under section 3109 of title 5, United States Code. The Commission shall give public notice of any such contract before entering into such contract. Funding. (1) There are authorized to be appropriated to the Commission such sums as are necessary to enable the Commission to carry out its duties under this Act, such sums to remain available until December 31, 1996. The Commission shall set a reasonable user fee which shall be calculated to be sufficient to reimburse the United States for all sums appropriated under subparagraph (1). Termination. The Commission shall terminate on the earlier of December 31, 1996. Or 90 days after the Commission submits a written determination to the President that voluntary standards are established that are adequate to warn purchasers of the violent or sexually explicit content of video games. <SECTION-HEADER> AUTHORITY AND FUNCTIONS OF THE COMMISSION. Voluntary Standards. (1) The Commission shall during the 1-year period beginning on the date of the enactment of this Act, and to the greatest extent practicable, coordinate with the video game industry in the development of a voluntary system for providing information concerning the contents of video games to purchasers and users. And 1 year after the date of enactment of this Act evaluate whether any voluntary standards proposed by the video game industry are adequate to warn purchasers and users about the violence or sexually explicit content of video games. And determine whether the voluntary industry response is sufficient to adequately warn parents and users of the violence or sex content of video games. If before the end of the 1-year period beginning on the date of the enactment of this Act, the Commission makes a determination of adequate industry response under paragraph (1)(B)(ii) and a determination that sufficient voluntary standards are established, the Commission shall submit a report of such determinations and the reasons therefor to the President and the Congress. And terminate in accordance with section 3(i)(2). Regulatory Authority. Effective on and after the date occurring 1 year after the date of the enactment of this Act the Commission may promulgate regulations requiring manufacturers and sellers of video games to provide adequate information relating to violence or sexually explicit content of such video games to purchasers and users. <SECTION-HEADER> ANTITRUST EXEMPTION. The antitrust laws as defined in subsection (a) of the first section of the Clayton Act and the law of unfair competition under section 5 of the Federal Trade Commission Act shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the video game industry for the purpose of, and limited to, developing and disseminating voluntary guidelines designed to provide appropriate information regarding the sex or violence content of video games to purchasers of video games at the point of sale or initial use or other users of such video games. The exemption provided for in this subsection shall not apply to any joint discussion, consideration, review, action, or agreement which results in a boycott of any person.

Video Game Rating Act of 1994 - Establishes the Interactive Entertainment Rating Commission to: (1) coordinate with the video game industry in the development of a voluntary standard for providing information to purchasers and users concerning the contents of video games. (2) evaluate whether any standards proposed are adequate to warn purchasers and users of the violent or sexually explicit content of such games. And (3) report to the President and the Congress regarding the adequacy of the industry's response. Provides Commission funding through December 31, 1996. Directs the Commission to set a reasonable user fee calculated to be sufficient to reimburse the United States for all sums so appropriated. Terminates the Commission on the earlier of such date or 90 days after submission of its report. Provides an antitrust exemption for any actions taken by the video game industry in developing such guidelines.

Video Game Rating Act of 1994

104_hr3485

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colville National Forest Adaptive Management of Timber Resources Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Forest vegetation on Federal lands in the intermountain West, including eastern Washington and particularly the Colville National Forest in the State of Washington, is in an extremely overstocked condition due to fire exclusion and nonmanagement, resulting in unhealthy, low-vigor stands that are susceptible to disease, insects, and fire. (2) The value of this forest vegetation far exceeds the cost of managing these stands for a healthy, productive ecosystem, but the current regulatory structure of overlapping directives and planning documents hinders management of this forest vegetation in a manner necessary to achieve, simultaneously, healthy and productive ecosystems and community benefits. (3) The current regulatory structure and overall policy direction further hinder the flexibility of the Forest Service to plan and prepare projects that effectively consider local conditions and opportunities or capture market opportunities. (4) Federal budgetary limitations have reduced the trained and experienced Forest Service workforce below the level necessary to plan for and maintain healthy and productive ecosystems. At the same time the Forest Service is forced to spend a disproportionate amount of its resources on planning, with insufficient resources remaining to implement scientifically acceptable forest management activities. (5) Implementation of adaptive management techniques in selected areas of the Colville National Forest will provide a healthy ecosystem, provide for long-term national fiber needs, generate funds in excess of costs, and stimulate the economies of local, resource-dependent communities. (6) The scientific knowledge gained from projects conducted using the adaptive management techniques required under this Act will benefit similar forest stands throughout the intermountain West. (7) The economic knowledge gained from such projects will benefit management projects in all timber stands. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To combat the adverse human and environmental consequences of catastrophic wildfire, including immediate-term loss of life, vegetation, soil, water, and nearby land use, and long-term loss of land productivity and continuous resource flow. (2) To use a creditable, science-based, adaptive management approach to manage fire-generated, overstocked, small-diameter, stagnated forest stands to improve forest health, meet current and future environmental needs, and provide wood fiber for processing in dependent communities. (3) To demonstrate the cost-effective use of private contractors to perform substantive planning and plan implementation tasks for the Forest Service. SEC. 4. PREPARATION, IMPLEMENTATION, AND EVALUATION OF ADAPTIVE FOREST MANAGEMENT IN COLVILLE NATIONAL FOREST. (a) Adaptive Management Research Plan Required.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall prepare and submit to Congress a research plan, including supporting environmental documents, that provides for the implementation and evaluation of controlled silvicultural treatment in fire-generated, overstocked, small-diameter, stagnated forest stands in designated areas of the Colville National Forest in the State of Washington for the purpose of testing the effect of adaptive management techniques in the treatment of such forest stands. (b) Areas Covered by Plan.--The research plan prepared under subsection (a) shall apply to the following areas of the Colville National Forest: (1) The approximately 110,000 acres of the Colville National Forest identified as economically suited for adaptive management techniques in the Forest Service study of 1989-1994 regarding creating opportunities. (2) Other lands in the Colville National Forest selected by the Secretary as having characteristics similar to the lands identified in paragraph (1). (c) Implementation of Plan.--The Secretary shall implement the research plan prepared under subsection (a) not later than the second full field season beginning after the date of the enactment of this Act. The Secretary may begin an initial demonstration project based on a preliminary draft of the research plan as soon as practicable in an area of approximately 10,000 acres. (d) Use of Private Sector.--Subject to the availability of funds for this purpose under subsection (e), the Secretary may use private contractors, including individuals and groups involved in the preparation of the study referred to in subsection (b)(1), in the preparation and implementation of the research plan required under subsection (a) and in monitoring the effects of the research plan under subsection (i). To the greatest extent practicable, such private contractors shall be selected from communities adversely affected by reductions in the timber sale program of the National Forest System. (e) Funding.-- (1) Establishment of special account.--To fund the preparation and implementation of the research plan required under subsection (a), the Secretary shall establish an account to be known as the ``Ecosystem Adaptive Management Demonstration Account''. (2) Funds for account.--There shall be allocated or transferred to the account the following: (A) A portion of the amount annually allocated to the Colville National Forest pursuant to any other provision of law, to be based on the proportion of the Colville National Forest subject to the research plan. (B) The amounts deposited pursuant to subsection (g)(3). (C) Any amounts borrowed under paragraph (3). (3) Borrowing authority.--To the extent necessary to fund startup costs under the research plan, the Secretary may borrow amounts from salvage sale accounts of the Forest Service or amounts available under the Act of June 9, 1930 (16 U.S.C. 576 et seq; commonly known as the Knutson-Vandenberg Act). The Secretary shall repay amounts borrowed, without interest, using funds deposited in the account under subsection (g)(3). (f) Use of Account.--The Secretary shall use amounts in the special account established under subsection (e) for-- (1) the design and implementation of research projects conducted under the research plan prepared under subsection (a), except that the Secretary shall use funds from other sources to cover any costs related to appeals or litigation concerning those projects; and (2) to the extent amounts remain available in the special account after expenditures under paragraph (1), vegetative management activities, fuels treatment, monitoring, and watershed improvement projects within the areas covered by the research plan. (g) Treatment of Receipts.--Receipts generated from the sale of forest products resulting from silvicultural treatments under the research plan prepared under subsection (a) shall be deposited or utilized as follows: (1) 25 percent shall be deposited in the general fund of the Treasury of the United States as a miscellaneous receipt, pursuant to the procedures specified in the fifth paragraph under the heading ``FOREST SERVICE'' in the Act of March 4, 1907 (34 Stat. 1270; 16 U.S.C. 499), and related laws. (2) 25 percent shall be provided to the State of Washington pursuant to the procedures specified in the sixth paragraph under the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500). (3) 50 percent shall be deposited in the special account established under subsection (e). (h) Schedule of Silvicultural Treatments.--Silvicultural treatments under the research plan prepared under subsection (a) shall be conducted during the 10-year period beginning on the date the research plan is first implemented. The total number of acres treated in each of the first 5 years shall not vary by more than 20 percent from \1/10\ of the total acres covered by the research plan. (i) Monitoring and Reports.--The Secretary shall commence monitoring of the effects of research activities under the research plan prepared under subsection (a) immediately after implementation of the research plan. Monitoring activities shall continue for a period of not less than 15 years. At 5-year intervals during the monitoring period, the Secretary shall submit to Congress a report containing the results of the monitoring, findings derived from the research projects under the research plan, and the implications of such findings for management of similar overstocked stands. Each report shall include a detailed accounting of direct costs and returns associated with the implementation of the research plan.

Colville National Forest Adaptive Management of Timber Resources Act - Directs the Secretary of Agriculture to conduct an adaptive forest management research program in Colville National Forest, Washington, which shall include silvicultural treatments. Distributes receipts from related forest product sales among the Treasury, the State of Washington, and the Ecosystem Adaptive Management Demonstration Account established under this Act. Authorizes program use of private sector contractors.

Colville National Forest Adaptive Management of Timber Resources Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Colville National Forest Adaptive Management of Timber Resources Act". <SECTION-HEADER> FINDINGS. Congress finds the following: Forest vegetation on Federal lands in the intermountain West, including eastern Washington and particularly the Colville National Forest in the State of Washington, is in an extremely overstocked condition due to fire exclusion and nonmanagement, resulting in unhealthy, low-vigor stands that are susceptible to disease, insects, and fire. The value of this forest vegetation far exceeds the cost of managing these stands for a healthy, productive ecosystem, but the current regulatory structure of overlapping directives and planning documents hinders management of this forest vegetation in a manner necessary to achieve, simultaneously, healthy and productive ecosystems and community benefits. The current regulatory structure and overall policy direction further hinder the flexibility of the Forest Service to plan and prepare projects that effectively consider local conditions and opportunities or capture market opportunities. Federal budgetary limitations have reduced the trained and experienced Forest Service workforce below the level necessary to plan for and maintain healthy and productive ecosystems. At the same time the Forest Service is forced to spend a disproportionate amount of its resources on planning, with insufficient resources remaining to implement scientifically acceptable forest management activities. Implementation of adaptive management techniques in selected areas of the Colville National Forest will provide a healthy ecosystem, provide for long-term national fiber needs, generate funds in excess of costs, and stimulate the economies of local, resource-dependent communities. The scientific knowledge gained from projects conducted using the adaptive management techniques required under this Act will benefit similar forest stands throughout the intermountain West. The economic knowledge gained from such projects will benefit management projects in all timber stands. <SECTION-HEADER> PURPOSES. The purposes of this Act are the following: To combat the adverse human and environmental consequences of catastrophic wildfire, including immediate-term loss of life, vegetation, soil, water, and nearby land use, and long-term loss of land productivity and continuous resource flow. To use a creditable, science-based, adaptive management approach to manage fire-generated, overstocked, small-diameter, stagnated forest stands to improve forest health, meet current and future environmental needs, and provide wood fiber for processing in dependent communities. To demonstrate the cost-effective use of private contractors to perform substantive planning and plan implementation tasks for the Forest Service. <SECTION-HEADER> PREPARATION, IMPLEMENTATION, AND EVALUATION OF ADAPTIVE FOREST MANAGEMENT IN COLVILLE NATIONAL FOREST. Adaptive Management Research Plan Required. Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall prepare and submit to Congress a research plan, including supporting environmental documents, that provides for the implementation and evaluation of controlled silvicultural treatment in fire-generated, overstocked, small-diameter, stagnated forest stands in designated areas of the Colville National Forest in the State of Washington for the purpose of testing the effect of adaptive management techniques in the treatment of such forest stands. Areas Covered by Plan. The research plan prepared under subsection (a) shall apply to the following areas of the Colville National Forest: The approximately 110,000 acres of the Colville National Forest identified as economically suited for adaptive management techniques in the Forest Service study of 1989-1994 regarding creating opportunities. Other lands in the Colville National Forest selected by the Secretary as having characteristics similar to the lands identified in paragraph (1). Implementation of Plan. The Secretary shall implement the research plan prepared under subsection (a) not later than the second full field season beginning after the date of the enactment of this Act. The Secretary may begin an initial demonstration project based on a preliminary draft of the research plan as soon as practicable in an area of approximately 10,000 acres. Use of Private Sector. Subject to the availability of funds for this purpose under subsection (e), the Secretary may use private contractors, including individuals and groups involved in the preparation of the study referred to in subsection (b)(1), in the preparation and implementation of the research plan required under subsection (a) and in monitoring the effects of the research plan under subsection (i). To the greatest extent practicable, such private contractors shall be selected from communities adversely affected by reductions in the timber sale program of the National Forest System. Funding. Establishment of special account. To fund the preparation and implementation of the research plan required under subsection (a), the Secretary shall establish an account to be known as the "Ecosystem Adaptive Management Demonstration Account". Funds for account. There shall be allocated or transferred to the account the following: A portion of the amount annually allocated to the Colville National Forest pursuant to any other provision of law, to be based on the proportion of the Colville National Forest subject to the research plan. The amounts deposited pursuant to subsection (3). Any amounts borrowed under paragraph (3). Borrowing authority. To the extent necessary to fund startup costs under the research plan, the Secretary may borrow amounts from salvage sale accounts of the Forest Service or amounts available under the Act of June 9, 1930 . The Secretary shall repay amounts borrowed, without interest, using funds deposited in the account under subsection (g)(3). Use of Account. The Secretary shall use amounts in the special account established under subsection (e) for the design and implementation of research projects conducted under the research plan prepared under subsection , except that the Secretary shall use funds from other sources to cover any costs related to appeals or litigation concerning those projects. And to the extent amounts remain available in the special account after expenditures under paragraph (1), vegetative management activities, fuels treatment, monitoring, and watershed improvement projects within the areas covered by the research plan. Treatment of Receipts. Receipts generated from the sale of forest products resulting from silvicultural treatments under the research plan prepared under subsection (a) shall be deposited or utilized as follows: 25 percent shall be deposited in the general fund of the Treasury of the United States as a miscellaneous receipt, pursuant to the procedures specified in the fifth paragraph under the heading "FOREST SERVICE" in the Act of March 4, 1907 , and related laws. 25 percent shall be provided to the State of Washington pursuant to the procedures specified in the sixth paragraph under the heading "FOREST SERVICE" in the Act of May 23, 1908 . 50 percent shall be deposited in the special account established under subsection (e). Schedule of Silvicultural Treatments. Silvicultural treatments under the research plan prepared under subsection (a) shall be conducted during the 10-year period beginning on the date the research plan is first implemented. The total number of acres treated in each of the first 5 years shall not vary by more than 20 percent from 110 of the total acres covered by the research plan. Monitoring and Reports. The Secretary shall commence monitoring of the effects of research activities under the research plan prepared under subsection (a) immediately after implementation of the research plan. Monitoring activities shall continue for a period of not less than 15 years. At 5-year intervals during the monitoring period, the Secretary shall submit to Congress a report containing the results of the monitoring, findings derived from the research projects under the research plan, and the implications of such findings for management of similar overstocked stands. Each report shall include a detailed accounting of direct costs and returns associated with the implementation of the research plan.

Colville National Forest Adaptive Management of Timber Resources Act - Directs the Secretary of Agriculture to conduct an adaptive forest management research program in Colville National Forest, Washington, which shall include silvicultural treatments. Distributes receipts from related forest product sales among the Treasury, the State of Washington, and the Ecosystem Adaptive Management Demonstration Account established under this Act. Authorizes program use of private sector contractors.

Colville National Forest Adaptive Management of Timber Resources Act

111_hr6149

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coin and Precious Metal Disclosure Act''. SEC. 2. DISCLOSURES REQUIRED OF COIN AND PRECIOUS METAL DEALERS. (a) Unlawful Conduct.--A covered coin or precious metal dealer shall disclose to the consumer, prior to any sale of coins or precious metal bullion, the following information: (1) Any fee that is or may be incurred by the customer if the sale of the coin or precious metal bullion were to be consummated. (2) The purchase price, the melt value, and the reasonable resale value of the coin or precious metal bullion. (3) Such other information as the Commission may require by regulation (in accordance with section 553 of title 5, United States Code). (b) Manner of Disclosure.-- (1) In general.--Except as provided in paragraph (2), the disclosures required under subsection (a) shall be in writing and present the information clearly and conspicuously. (2) Telephone communication.--In any solicitation made by telephone for any sale subject to subsection (a), the person making the solicitation shall orally disclose the information required by such subsection clearly and conspicuously to the consumer before the transaction is consummated. SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair and Deceptive Act or Practice.--A violation of this Act or a regulation issued pursuant to this Act shall be treated as an unfair or deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of Commission.--The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. SEC. 4. ENFORCEMENT BY STATES. (a) In General.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in an act or practice which violates section 2 or any rule of the Commission issued pursuant to this Act, the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such violative act or practice, to enforce compliance with such rule of the Commission, 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 determine appropriate. (b) Notice.--The State shall provide prior written notice of any civil action under subsection (a) or (f)(2) to the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right-- (1) to intervene in such action; (2) upon so intervening, to be heard on all matters arising therein; (3) to remove the action to the appropriate United States district court; and (4) to file petitions for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this Act 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 Commission.--Whenever a civil action has been instituted by or on behalf of the Commission for violation of section 2 or any rule issued pursuant to this Act, no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under subsection (a) or (f)(2) of this section against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (e) Venue; Service of Process.--Any civil action brought under subsection (a) of this section in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. (f) Actions by Other State Officials.-- (1) Construction.--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) Other state actions.--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 authorized by the State to bring actions in such State on behalf of its residents. SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``coin or precious metal dealer'' means any person that sells or offer for sale for investment purposes gold coins or bullion or coins or bullion made of other precious metals; (2) the term ``melt-value'' means the reasonable estimated value of any coin or precious metal if such item were processed and refined; and (3) the term ``reasonable resale value'' means a reasonable price that the coin or precious metal dealer selling the coin or other precious metal determines that other coin or precious metal dealers would pay to purchase the coin or other precious metal from the consumer on the date that such coin or other precious metal is sold to the consumer. SEC. 6. EXEMPTION AND RULE OF CONSTRUCTION. (a) Exemption for Certain Collectible Coins.--Nothing in this Act shall apply to the sale of rare and collectable coins-- (1) the precious metal content of which constitutes only a limited or insignificant portion of the overall value of the coin; and (2) whose value is not affected by the increase or decline in the value of such precious metals. (b) Rule of Construction Relating to the Telemarketing Sales Rule.--Nothing in this Act shall be construed to affect the Telemarketing Sales Rule as set forth in part 310 of title 16, Code of Federal Regulations.

Coin and Precious Metal Disclosure Act - Requires a coin or precious metal dealer to disclose clearly and conspicuously in writing to the consumer before any sale of coins or precious metal bullion: (1) any fee incurred by the customer upon sale consummation. And (2) the purchase price, the melt value, and the reasonable resale value of the coin or precious metal bullion. Requires telephone sales solicitations for such coins or precious metal bullion to disclose the same information before the transaction is consummated. Treats a violation of this Act as an unfair or deceptive act or practice in violation of the Federal Trade Commission Act, and subject to penalties. Directs the Federal Trade Commission (FTC) to enforce this Act as though the Federal Trade Commission Act applies. Empowers states to enforce compliance with this Act, but entitles the FTC, upon notice of a state civil action, to intervene and be heard on all matters arising in it, remove it to the appropriate federal district court, and file petitions for appeal. Exempts from this Act the sale of rare and collectable coins whose: (1) precious metal content constitutes only a limited or insignificant portion of the overall value of the coin. And (2) value is not affected by the increase or decline in the value of such precious metals.

To require disclosures to consumers by coin and precious metal bullion dealers.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Coin and Precious Metal Disclosure Act". <SECTION-HEADER> DISCLOSURES REQUIRED OF COIN AND PRECIOUS METAL DEALERS. Unlawful Conduct. A covered coin or precious metal dealer shall disclose to the consumer, prior to any sale of coins or precious metal bullion, the following information: Any fee that is or may be incurred by the customer if the sale of the coin or precious metal bullion were to be consummated. The purchase price, the melt value, and the reasonable resale value of the coin or precious metal bullion. Such other information as the Commission may require by regulation . Manner of Disclosure. In general. Except as provided in paragraph (2), the disclosures required under subsection (a) shall be in writing and present the information clearly and conspicuously. Telephone communication. In any solicitation made by telephone for any sale subject to subsection (a), the person making the solicitation shall orally disclose the information required by such subsection clearly and conspicuously to the consumer before the transaction is consummated. <SECTION-HEADER> ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. Unfair and Deceptive Act or Practice. A violation of this Act or a regulation issued pursuant to this Act shall be treated as an unfair or deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 USC. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. Powers of Commission. The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. Any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. <SECTION-HEADER> ENFORCEMENT BY STATES. In General. Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in an act or practice which violates section 2 or any rule of the Commission issued pursuant to this Act, the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such violative act or practice, to enforce compliance with such rule of the Commission, 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 determine appropriate. Notice. The State shall provide prior written notice of any civil action under subsection (a) or (f)(2) to the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right to intervene in such action. Upon so intervening, to be heard on all matters arising therein. To remove the action to the appropriate United States district court. And to file petitions for appeal. Construction. For purposes of bringing any civil action under subsection (a), nothing in this Act 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. Actions by Commission. Whenever a civil action has been instituted by or on behalf of the Commission for violation of section 2 or any rule issued pursuant to this Act, no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under subsection (a) or (f)(2) of this section against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. Venue. Service of Process. Any civil action brought under subsection (a) of this section in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. Actions by Other State Officials. Construction. 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. Other state actions. 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 authorized by the State to bring actions in such State on behalf of its residents. <SECTION-HEADER> DEFINITIONS. As used in this Act the term "coin or precious metal dealer" means any person that sells or offer for sale for investment purposes gold coins or bullion or coins or bullion made of other precious metals. The term "melt-value" means the reasonable estimated value of any coin or precious metal if such item were processed and refined. And the term "reasonable resale value" means a reasonable price that the coin or precious metal dealer selling the coin or other precious metal determines that other coin or precious metal dealers would pay to purchase the coin or other precious metal from the consumer on the date that such coin or other precious metal is sold to the consumer. <SECTION-HEADER> EXEMPTION AND RULE OF CONSTRUCTION. Exemption for Certain Collectible Coins. Nothing in this Act shall apply to the sale of rare and collectable coins the precious metal content of which constitutes only a limited or insignificant portion of the overall value of the coin. And whose value is not affected by the increase or decline in the value of such precious metals. Rule of Construction Relating to the Telemarketing Sales Rule. Nothing in this Act shall be construed to affect the Telemarketing Sales Rule as set forth in part 310 of title 16, Code of Federal Regulations.

Coin and Precious Metal Disclosure Act - Requires a coin or precious metal dealer to disclose clearly and conspicuously in writing to the consumer before any sale of coins or precious metal bullion: (1) any fee incurred by the customer upon sale consummation. And (2) the purchase price, the melt value, and the reasonable resale value of the coin or precious metal bullion. Requires telephone sales solicitations for such coins or precious metal bullion to disclose the same information before the transaction is consummated. Treats a violation of this Act as an unfair or deceptive act or practice in violation of the Federal Trade Commission Act, and subject to penalties. Directs the Federal Trade Commission (FTC) to enforce this Act as though the Federal Trade Commission Act applies. Empowers states to enforce compliance with this Act, but entitles the FTC, upon notice of a state civil action, to intervene and be heard on all matters arising in it, remove it to the appropriate federal district court, and file petitions for appeal. Exempts from this Act the sale of rare and collectable coins whose: (1) precious metal content constitutes only a limited or insignificant portion of the overall value of the coin. And (2) value is not affected by the increase or decline in the value of such precious metals.

To require disclosures to consumers by coin and precious metal bullion dealers.

110_hr5369

SECTION 1. CERTAIN PRODUCTS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.01.00 Trisubstituted Free No change No change On or before 12/ ... oxazolidinone 31/2011....... (CAS No. 860399- 11-7) (provided for in subheading 2934.99.20)...... 9902.01.00 Trisubstituted Free No change No change On or before 12/ ... oxazolidinone 31/2011....... (CAS No. 854602- 01-0) (provided for in subheading 2934.99.20)...... 9902.01.00 Naphtho[1,2- Free No change No change On or before 12/ ... d]thiazolium, 2- 31/2011....... [[5-chloro-3-(3- sulfopropyl)- 2(3H)- benzothiazolylide ne]methyl]-1-(3- sulfopropyl)-, inner salt, compd. with N,N- diethylethanamine (1:1) (CAS No. 102731-88-4) (provided for in subheading 2934.99.20)...... 9902.01.00 Benzothiazolium, 2- Free No change No change On or before 12/ ... [[3-[(3,6- 31/2011....... dimethyl-2(3H)- benzothiazolylide ne)methyl]-5- phenyl-2- cyclohexen-1- ylidene]methyl]- 3,6-dimethyl-, salt with 4- ethylbenzenesulfo nic acid (1:1) (CAS No. 160911- 24-0) (provided for in subheading 2934.99.20)...... 9902.01.00 Benzoxazolium, 5- Free No change No change On or before 12/ ... chloro-2-[2-[[5- 31/2011....... phenyl-3-(2- sulfoethyl)-2(3H)- benzoxazolylidene ] methyl]-1- butenyl]-3-(3- sulfopropyl)-, inner salt, compound with N,N- diethylethanamine (1:1) (CAS No. 106518-55-2) (provided for in subheading 2934.99.20)...... 9902.01.00 Copoly[N-(4- Free No change No change On or before 12/ ... sulfamoylphenyl) 31/2011....... methacrylamide/ methylmethacrylat e/acrylonitrile (CAS No. 141634- 00-6) (provided for in subheading 3906.90.50)...... 9902.01.00 3-Pyrazolidinone, Free No change No change On or before 12/ ... 4-hexadecyl-1- 31/2011....... phenyl (CAS No. 202483-63-4) (provided for in subheading 2933.19.90)...... 9902.01.00 Poly[(ally 2- Free No change No change On or before 12/ ''. methyl-2- 31/2011....... propenoate)-co- (cyclohexyl2- hydroxymethyl-2- propenoate)-co-(2- propenoic acid)] (CAS No. 860399- 10-6) (provided for in subheading 3208.90.00)...... (b) Effective Date.--The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain products.

To suspend temporarily the duty on certain products.

<SECTION-HEADER> CERTAIN PRODUCTS. In General. Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: " 9902.01.00 Trisubstituted Free No change No change On or before 12 .. oxazolidinone 312011....... 9902.01.00 Trisubstituted Free No change No change On or before 12 .. oxazolidinone 312011....... 9902.01.00 Naphtho1,2- Free No change No change On or before 12 .. dthiazolium, 2- 312011.... 5-chloro-3 2(3H)- benzothiazolylide nemethyl-1 , inner salt, compd. with N,N- diethylethanamine (1:1) ... 9902.01.00 Benzothiazolium, 2- Free No change No change On or before 12 .. 3-(3,6- 312011.... dimethyl-2methyl-5- phenyl-2- cyclohexen-1- ylidenemethyl- 3,6-dimethyl-, salt with 4- ethylbenzenesulfo nic acid (1:1) ... 9902.01.00 Benzoxazolium, 5- Free No change No change On or before 12 .. chloro-2-2-5- 312011.... phenyl-3 2(3H)- benzoxazolylidene methyl-1- butenyl-3 , inner salt, compound with N,N- diethylethanamine (1:1) ... 9902.01.00 CopolyN- 312011.... methacrylamide methylmethacrylat eacrylonitrile ... 9902.01.00 3-Pyrazolidinone, Free No change No change On or before 12 .. 4-hexadecyl-1- 312011.... phenyl ... 9902.01.00 Poly-co- -co- ... Effective Date. The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain products.

To suspend temporarily the duty on certain products.

111_hr206

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Defense Force Improvement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Domestic threats to national security and the increased use of National Guard forces for out-of-State deployments greatly increase the potential for service by members of State defense forces established under section 109(c) of title 32, United States Code. (2) The efficacy of State defense forces is impeded by lack of clarity in the Federal regulations concerning those forces, particularly in defining levels of coordination and cooperation between those forces and the Departments of Defense and Homeland Security. (3) The State defense forces suffer from lack of standardized military training, arms, equipment, support, and coordination with the Departments of Defense and Homeland Security and other Federal agencies as a result of real and perceived Federal regulatory impediments. SEC. 3. RECOGNITION OF AND SUPPORT FOR STATE DEFENSE FORCES. (a) Recognition and Support.--Section 109 of title 32, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (l) and (m), respectively; and (2) by inserting after subsection (c) the following new subsections: ``(d) Recognition.--Congress hereby recognizes forces established under subsection (c) as an integral military component of the homeland security effort of the United States, while reaffirming that those forces remain entirely State regulated, organized, and equipped and recognizing that those forces will be used for homeland security purposes exclusively at the local level and in accordance with State law. ``(e) Assistance by Department of Defense.--(1) The Secretary of Defense may coordinate homeland security efforts with, and provide assistance to, a defense force established under subsection (c) to the extent such assistance is requested by a State or by a force established under subsection (c) and subject to the provisions of this section. ``(2) The Secretary may not provide assistance under paragraph (1) if, in the judgment of the Secretary, such assistance would-- ``(A) impede the ability of the Department of Defense to execute missions of the Department; ``(B) take resources away from warfighting units; ``(C) incur nonreimbursed identifiable costs; or ``(D) consume resources in a manner inconsistent with the mission of the Department of Defense. ``(f) Assistance by Department of Homeland Security.--The Secretary of Homeland Security may coordinate homeland security efforts with, and provide assistance to, a defense force established under subsection (c) to the extent such assistance is requested by a State or by a force established under subsection (c) if so authorized by State law, and subject to the provisions of this section. ``(g) Use of Department of Defense Property and Equipment.--The Secretary of Defense may authorize qualified personnel of a force established under subsection (c) to use and operate property, arms, equipment, and facilities of the Department of Defense as needed in the course of training activities and State active duty. ``(h) Transfer of Excess Equipment.--(1) The Secretary of Defense may transfer to a State or a force established under subsection (c) any personal property of the Department of Defense that the Secretary determines is-- ``(A) excess to the needs of the Department of Defense; and ``(B) suitable for use by a force established under subsection (c). ``(2) The Secretary of Defense may transfer personal property under this section only if-- ``(A) the property is drawn from existing stocks of the Department of Defense; ``(B) the recipient force established under subsection (c) accepts the property on an as-is, where-is basis; ``(C) the transfer is made without the expenditure of any funds available to the Department of Defense for the procurement of defense equipment; and ``(D) all costs incurred subsequent to the transfer of the property are borne or reimbursed by the recipient. ``(3) Subject to paragraph (2)(D), the Secretary may transfer personal property under this section without charge to the recipient force established under subsection (c). ``(i) Federal/State Training Coordination.--(1) Participation by a force established under subsection (c) in a training program of the Department of Defense or Department of Homeland Security is at the discretion of the State. ``(2) Nothing in this section may be construed as requiring the Department of Defense or Department of Homeland Security to provide any training program to any such force. ``(3) Any such training program shall be conducted in accordance with an agreement between-- ``(A) the Secretary of Defense or Secretary of Homeland Security, as the case may be; and ``(B) the State or the force established under subsection (c) if so authorized by State law. ``(4) Any direct costs to the Department of Defense of providing training assistance to a force established under subsection (c) shall be reimbursed by the State. Any agreement under paragraph (3) between the Department of Defense and a State or a force established under subsection (c) for such training assistance shall provide for payment of such costs. ``(j) Federal Funding of State Defense Forces.--Funds available to the Department of Defense may not be made available to a State defense force. ``(k) Liability.--Any liability for injuries or damages incurred by a member of a force established under subsection (c) while engaged in training activities or State active duty shall be the sole responsibility of the State, regardless of whether the injury or damage was incurred on United States property or involved United States equipment or whether the member was under direct supervision of United States personnel at the time of the incident.''. (b) Definition of State.-- (1) Definition.--Such section is further amended by adding at the end the following new subsection: ``(n) State Defined.--In this section, the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.''. (2) Conforming amendments.--Such section is further amended in subsections (a), (b), and (c) by striking ``a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands'' each place it appears and inserting ``a State''. (c) Stylistic Amendments.--Such section is further amended-- (1) in subsection (a), by inserting ``Prohibition on Maintenance of Other Troops.--'' after ``(a)''; (2) in subsection (b), by inserting ``Use Within State Borders.--'' after ``(b)''; (3) in subsection (c), by inserting ``State Defense Forces Authorized.--'' after ``(c)''; (4) in subsection (l), as redesignated by subsection (a)(1), by inserting ``Effect of Membership in Defense Forces.--'' after ``(l)''; and (5) in subsection (m), as redesignated by subsection (a)(1), by inserting ``Prohibition on Reserve Component Members Joining Defense Forces.--'' after ``(m)'' (d) Clerical Amendments.-- (1) Section heading.--The heading of such section is amended to read as follows: ``Sec. 109. Maintenance of other troops: State defense forces''. (2) Clerical amendment.--The item relating to such section in the table of sections at the beginning of chapter 1 of such title is amended to read as follows: ``109. Maintenance of other troops: State defense forces.''.

State Defense Force Improvement Act - Recognizes state defense forces as integral military components of the homeland security effort of the United States, while reaffirming that such forces remain entirely state regulated, organized, and equipped, and recognizing that they will be used for homeland security purposes exclusively at the local level under state law. Authorizes the Secretary of Defense to coordinate homeland security efforts with, and provide assistance (including the use of Department of Defense to, a state defense force, upon request. Leaves participation by a state defense force in a DOD or Department of Homeland Security (DHS) training program to state discretion. Requires a state to reimburse DOD for training assistance costs. Provides that funds available to DOD may not be made available to a state defense force. Makes the state liable for any injuries or damages incurred by a defense force member while engaged in training activities or state active duty.

To amend title 32, United States Code, to improve the readiness of State defense forces and to increase military coordination for homeland security between the States and the Department of Defense.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "State Defense Force Improvement Act". <SECTION-HEADER> FINDINGS. Congress makes the following findings: Domestic threats to national security and the increased use of National Guard forces for out-of-State deployments greatly increase the potential for service by members of State defense forces established under section 109(c) of title 32, United States Code. The efficacy of State defense forces is impeded by lack of clarity in the Federal regulations concerning those forces, particularly in defining levels of coordination and cooperation between those forces and the Departments of Defense and Homeland Security. The State defense forces suffer from lack of standardized military training, arms, equipment, support, and coordination with the Departments of Defense and Homeland Security and other Federal agencies as a result of real and perceived Federal regulatory impediments. <SECTION-HEADER> RECOGNITION OF AND SUPPORT FOR STATE DEFENSE FORCES. Recognition and Support. Section 109 of title 32, United States Code, is amended by redesignating subsections (d) and (e) as subsections and (m), respectively. And by inserting after subsection (c) the following new subsections: Recognition. Congress hereby recognizes forces established under subsection (c) as an integral military component of the homeland security effort of the United States, while reaffirming that those forces remain entirely State regulated, organized, and equipped and recognizing that those forces will be used for homeland security purposes exclusively at the local level and in accordance with State law. Assistance by Department of Defense. (1) The Secretary of Defense may coordinate homeland security efforts with, and provide assistance to, a defense force established under subsection (c) to the extent such assistance is requested by a State or by a force established under subsection (c) and subject to the provisions of this section. The Secretary may not provide assistance under paragraph (1) if, in the judgment of the Secretary, such assistance would impede the ability of the Department of Defense to execute missions of the Department, take resources away from warfighting units, incur nonreimbursed identifiable costs. Or consume resources in a manner inconsistent with the mission of the Department of Defense. Assistance by Department of Homeland Security. The Secretary of Homeland Security may coordinate homeland security efforts with, and provide assistance to, a defense force established under subsection (c) to the extent such assistance is requested by a State or by a force established under subsection (c) if so authorized by State law, and subject to the provisions of this section. Use of Department of Defense Property and Equipment. The Secretary of Defense may authorize qualified personnel of a force established under subsection (c) to use and operate property, arms, equipment, and facilities of the Department of Defense as needed in the course of training activities and State active duty. Transfer of Excess Equipment. (1) The Secretary of Defense may transfer to a State or a force established under subsection (c) any personal property of the Department of Defense that the Secretary determines is excess to the needs of the Department of Defense. And suitable for use by a force established under subsection (c). The Secretary of Defense may transfer personal property under this section only if the property is drawn from existing stocks of the Department of Defense. The recipient force established under subsection (c) accepts the property on an as-is, where-is basis. The transfer is made without the expenditure of any funds available to the Department of Defense for the procurement of defense equipment. And all costs incurred subsequent to the transfer of the property are borne or reimbursed by the recipient. Subject to paragraph (2)(D), the Secretary may transfer personal property under this section without charge to the recipient force established under subsection (c). FederalState Training Coordination. (1) Participation by a force established under subsection (c) in a training program of the Department of Defense or Department of Homeland Security is at the discretion of the State. Nothing in this section may be construed as requiring the Department of Defense or Department of Homeland Security to provide any training program to any such force. Any such training program shall be conducted in accordance with an agreement between the Secretary of Defense or Secretary of Homeland Security, as the case may be. And the State or the force established under subsection if so authorized by State law. Any direct costs to the Department of Defense of providing training assistance to a force established under subsection (c) shall be reimbursed by the State. Any agreement under paragraph (3) between the Department of Defense and a State or a force established under subsection (c) for such training assistance shall provide for payment of such costs. Federal Funding of State Defense Forces. Funds available to the Department of Defense may not be made available to a State defense force. Liability. Any liability for injuries or damages incurred by a member of a force established under subsection (c) while engaged in training activities or State active duty shall be the sole responsibility of the State, regardless of whether the injury or damage was incurred on United States property or involved United States equipment or whether the member was under direct supervision of United States personnel at the time of the incident.". Definition of State. Definition. Such section is further amended by adding at the end the following new subsection: State Defined. In this section, the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.". Conforming amendments. Such section is further amended in subsections (a), (b), and (c) by striking "a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands" each place it appears and inserting "a State". Stylistic Amendments. Such section is further amended in subsection (a), by inserting "Prohibition on Maintenance of Other Troops. " after "(a)". In subsection (b), by inserting "Use Within State Borders. " after "(b)". In subsection (c), by inserting "State Defense Forces Authorized. " after "(c)". In subsection (l), as redesignated by subsection (1), by inserting "Effect of Membership in Defense Forces. " after "(l)". And in subsection (m), as redesignated by subsection (1), by inserting "Prohibition on Reserve Component Members Joining Defense Forces. " after "(m)" Clerical Amendments. Section heading. The heading of such section is amended to read as follows: "Section 109. Maintenance of other troops: State defense forces". Clerical amendment. The item relating to such section in the table of sections at the beginning of chapter 1 of such title is amended to read as follows: "109. Maintenance of other troops: State defense forces.".

State Defense Force Improvement Act - Recognizes state defense forces as integral military components of the homeland security effort of the United States, while reaffirming that such forces remain entirely state regulated, organized, and equipped, and recognizing that they will be used for homeland security purposes exclusively at the local level under state law. Authorizes the Secretary of Defense to coordinate homeland security efforts with, and provide assistance (including the use of Department of Defense to, a state defense force, upon request. Leaves participation by a state defense force in a DOD or Department of Homeland Security (DHS) training program to state discretion. Requires a state to reimburse DOD for training assistance costs. Provides that funds available to DOD may not be made available to a state defense force. Makes the state liable for any injuries or damages incurred by a defense force member while engaged in training activities or state active duty.

To amend title 32, United States Code, to improve the readiness of State defense forces and to increase military coordination for homeland security between the States and the Department of Defense.

109_hr3939

SECTION 1. SHORT TITLE. This Act may be cited as the ``Entrepreneur Soldiers Empowerment Act''. SEC. 2. VETERANS BUSINESS OUTREACH CENTERS AND TECHNICAL AND MENTORING ASSISTANCE COMMITTEES. (a) Establishment.--Section 32 of the Small Business Act (15 U.S.C. 657c) is amended by adding at the end the following new subsections: ``(c) Veterans Business Outreach Centers.-- ``(1) Establishment.--The Administrator, acting through the Associate Administrator for Veterans Business Development, shall establish Veterans Business Outreach Centers to offer business planning assistance to veterans. ``(2) Number and location.--The Administrator shall establish not less than one Veterans Business Outreach Center in each geographic region. ``(3) Duties.--The duties of each Veterans Business Outreach Center are as follows: ``(A) To provide business planning assistance to veterans. ``(B) To offer information about continuity planning for small businesses in the event of an owner or essential employee who is a member of the National Guard or Reserve Components of the Armed Forces being called to serve on active duty. ``(d) Technical and Mentoring Assistance Committees.-- ``(1) Establishment.--The Administrator, acting through the Associate Administrator for Veterans Business Development, shall establish a Technical and Mentoring Assistance Committee in each District Office service location where no Veterans Business Outreach Center has been established. ``(2) Responsibilities.--A Technical and Mentoring Assistance Committee established pursuant to paragraph (1) shall-- ``(A) identify and recruit local volunteers to serve as veterans business mentors to provide assistance and guidance to members of the Reserve Component who own small businesses or are entrepreneurs and to the family members of such members and the caretakers of such member's businesses while such members are serving on active duty; ``(B) plan and initiate training and outreach seminars and programs designed to support small business ownership among members of the Reserve Component, their family members, veterans, and service- disabled veterans; ``(C) prepare a plan every five years and submit such plan to the Administrator for approval; and ``(D) prepare and submit to the Administrator an annual budget request based on the plan and the State veteran population. ``(3) Membership.-- ``(A) In general.--Each Technical and Mentoring Assistance Committee shall be composed of members appointed by the Administrator and shall include the following individuals: ``(i) The District Director of the Administration or the Regional Administrator. ``(ii) The Director of Veterans Affairs for each State served by the Committee. ``(iii) The Director of the Small Business Development Center for each State served by the Committee. ``(B) Volunteer members.--The Administrator shall consult with and encourage the voluntary participation as members of the Committee of the following individuals: ``(i) The Director of Economic Development for each State served by the Committee. ``(ii) The Director of the Employer Support of the Guard and Reserve for each State served by the Committee. ``(iii) The Adjutant General of the National Guard for each State served by the Committee. ``(iv) The Director of the Service Corps of Retired Executives for each State served by the Committee. ``(v) Small business owners who are veterans and members of the Reserve Component. ``(vi) Representatives of State and local small business associations. ``(vii) The State adjutants of Congressionally chartered veterans service organizations. ``(viii) Small business owners and mentors who are veterans and who have expertise in the following areas: ``(I) Lending. ``(II) Accounting. ``(III) Insurance. ``(IV) Taxation. ``(V) Legal service. ``(VI) Business planning. ``(VII) Marketing. ``(4) No compensation.--Members of the Technical and Mentoring Assistance Committees shall serve without pay.''. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out subparagraphs (c) and (d) of section 32 of the Small Business Act (15 U.S.C. 657c), as added by subsection (a)-- (1) $200,000 for each Veterans Business Outreach Center established pursuant to section 32(c) of such Act for fiscal year 2006 and each subsequent fiscal year; and (2) $20,000 for each Technical and Mentoring Assistance Committee established pursuant to section 32(d) of such Act for fiscal year 2006 and each subsequent fiscal year.

Entrepreneur Soldiers Empowerment Act - Amends the Small Business Act to direct the Administrator of the Small Business Administration, acting through the Associate Administrator for Veterans Business Development, to establish: (1) at least one Veterans Business Outreach Center in each geographic region. And (2) a Technical and Mentoring Assistance Committee in each District Office service location where no such Center has been established.

To direct the Administrator of the Small Business Administration to establish Veterans Business Outreach Centers and Technical Mentoring Assistance Committees.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Entrepreneur Soldiers Empowerment Act". <SECTION-HEADER> VETERANS BUSINESS OUTREACH CENTERS AND TECHNICAL AND MENTORING ASSISTANCE COMMITTEES. Establishment. Section 32 of the Small Business Act is amended by adding at the end the following new subsections: Veterans Business Outreach Centers. Establishment. The Administrator, acting through the Associate Administrator for Veterans Business Development, shall establish Veterans Business Outreach Centers to offer business planning assistance to veterans. Number and location. The Administrator shall establish not less than one Veterans Business Outreach Center in each geographic region. Duties. The duties of each Veterans Business Outreach Center are as follows: To provide business planning assistance to veterans. To offer information about continuity planning for small businesses in the event of an owner or essential employee who is a member of the National Guard or Reserve Components of the Armed Forces being called to serve on active duty. Technical and Mentoring Assistance Committees. Establishment. The Administrator, acting through the Associate Administrator for Veterans Business Development, shall establish a Technical and Mentoring Assistance Committee in each District Office service location where no Veterans Business Outreach Center has been established. Responsibilities. A Technical and Mentoring Assistance Committee established pursuant to paragraph (1) shall identify and recruit local volunteers to serve as veterans business mentors to provide assistance and guidance to members of the Reserve Component who own small businesses or are entrepreneurs and to the family members of such members and the caretakers of such member's businesses while such members are serving on active duty. Plan and initiate training and outreach seminars and programs designed to support small business ownership among members of the Reserve Component, their family members, veterans, and service- disabled veterans. Prepare a plan every five years and submit such plan to the Administrator for approval. And prepare and submit to the Administrator an annual budget request based on the plan and the State veteran population. Membership. In general. Each Technical and Mentoring Assistance Committee shall be composed of members appointed by the Administrator and shall include the following individuals: The District Director of the Administration or the Regional Administrator. The Director of Veterans Affairs for each State served by the Committee. The Director of the Small Business Development Center for each State served by the Committee. Volunteer members. The Administrator shall consult with and encourage the voluntary participation as members of the Committee of the following individuals: The Director of Economic Development for each State served by the Committee. The Director of the Employer Support of the Guard and Reserve for each State served by the Committee. The Adjutant General of the National Guard for each State served by the Committee. The Director of the Service Corps of Retired Executives for each State served by the Committee. Small business owners who are veterans and members of the Reserve Component. Representatives of State and local small business associations. The State adjutants of Congressionally chartered veterans service organizations. Small business owners and mentors who are veterans and who have expertise in the following areas: Lending. Accounting. Insurance. Taxation. Legal service. Business planning. Marketing. No compensation. Members of the Technical and Mentoring Assistance Committees shall serve without pay.". Authorization of Appropriations. There is authorized to be appropriated to carry out subparagraphs (c) and (d) of section 32 of the Small Business Act , as added by subsection (a) $200,000 for each Veterans Business Outreach Center established pursuant to section 32(c) of such Act for fiscal year 2006 and each subsequent fiscal year. And $20,000 for each Technical and Mentoring Assistance Committee established pursuant to section 32(d) of such Act for fiscal year 2006 and each subsequent fiscal year.

Entrepreneur Soldiers Empowerment Act - Amends the Small Business Act to direct the Administrator of the Small Business Administration, acting through the Associate Administrator for Veterans Business Development, to establish: (1) at least one Veterans Business Outreach Center in each geographic region. And (2) a Technical and Mentoring Assistance Committee in each District Office service location where no such Center has been established.

To direct the Administrator of the Small Business Administration to establish Veterans Business Outreach Centers and Technical Mentoring Assistance Committees.

110_s2645

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vessel Discharge Evaluation and Review Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Starting with passage of the Act to Prevent Pollution from Ships in 1980, the United States Coast Guard has been the principal Federal authority charged with administering, enforcing, and prescribing regulations relating to the discharge of pollutants from vessels engaged in maritime commerce and transportation. (2) There are more than 16 million State-registered boats, 110,000 commercial fishing vessels, and 53,000 freight and tank barges operating in United States waters. Since 1973 certain discharges incidental to the normal operation of these vessels have been exempted from regulation. (3) When required, Congress has specifically mandated Federal programs for control of discharges from vessels, including-- (A) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) in 1980; (B) the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.); (C) the National Invasive Species Act of 1996 (16 U.S.C. 4701 note); and (D) section 1401 of the 2000 Omnibus Consolidated and Emergency Supplemental Appropriations for Fiscal Year 2001, which prevented discharge of treated sewage and graywater in certain areas of Alaska. SEC. 3. EVALUATION AND REVIEW OF CERTAIN DISCHARGES. (a) In General.--The Commandant of the Coast Guard, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere and the head of any other appropriate agency or department of the United States, shall conduct an evaluation and review of vessel discharges, other than aquatic nuisance species, that are described in section 122.3(a) of title 40, Code of Federal Regulations, as in effect on January 5, 1989. The evaluation shall include-- (1) a characterization of the various types and composition of such discharges by different classes of vessels; (2) the volumes of such discharges for representative individual vessels and by classes of vessels in the aggregate; (3) an analysis of current technologies or best management practices, and their associated costs, used to control such discharges; (4) an analysis of the extent to which such discharges are currently subject to regulation under existing Federal laws or binding international obligations of the United States; (5) the locations of such discharges; (6) analyses and conclusions as to the nature and extent of potential effects of such discharges on human health, welfare, and the environment; (7) an analysis of practicable measures, including best management practices, to control such discharges; and (8) recommendations as to steps, including regulatory changes, together with a schedule for implementation, that are appropriate to address such discharges. (b) Public Comment.--The Commandant shall-- (1) publish a draft report containing findings, conclusions, and recommendations from the evaluation and review required by subsection (a) in the Federal Register; (2) accept public comments regarding such draft for a period of not less than 120 days after the date the draft is published in the Federal Register; and (3) consider any such public comments in the preparation of the final report. (c) Final Report.--Not later than 2 years after the date of the enactment of this Act, the Commandant shall prepare and submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a final report containing findings, conclusions, and recommendations from the evaluation and review required by subsection (a). SEC. 4. DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS. (a) Statement of Purpose.--The purposes of this section are-- (1) to provide for the establishment of nationally uniform, environmentally sound, standards for discharges incidental to the normal operation of vessels; and (2) to establish procedures for designation of no discharge zones as necessary to protect waters within the jurisdiction of a State from the effects of discharges incidental to the normal operation of vessels. (b) Evaluation and Review of Certain Discharges.--Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) is amended by adding at the end thereof the following: ``SEC. 1105. REGULATION OF CERTAIN DISCHARGES. ``(a) In General.--Notwithstanding any other provision of law, any requirement to obtain a permit for a discharge incidental to the normal operation of a vessel is suspended beginning on the date of enactment of the Vessel Discharge Evaluation and Review Act. The Commandant of the Coast Guard, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere shall promulgate a final rule to establish an appropriate program for establishing enforceable uniform national discharge standards, in lieu of any permit requirement established pursuant to any other provision of law, that are modeled in whole or in part on the regulatory program for vessels of the Armed Forces and based upon the best available technology. Any such national uniform discharge standards or prohibitions shall be enforced by the Secretary of the department in which the Coast Guard is operating and may be enforced by a State. ``(b) Judicial Review.-- ``(1) An interested person may file a petition for review of a final regulation promulgated under this section in the United States Court of Appeals for the District of Columbia Circuit. Any such petition shall be filed within 120 days after the date notice of such promulgation appears in the Federal Register, except that if such petition is based solely on grounds arising after such 120th day, then any petition for review under this subsection shall be filed within 120 days after such grounds arise. ``(2) Any regulation for which review could have been obtained under paragraph (1) of this subsection is not subject to judicial review in any civil or criminal proceeding for enforcement. ``(c) Effect on State Authority.-- ``(1) Notwithstanding any other provision of law, except as provided in this subsection, no State or political subdivision thereof may adopt or enforce any statute or regulation of the State or political subdivision with respect to a discharge incidental to the normal operation of a vessel subject to evaluation under section 3 of the Vessel Discharge Evaluation and Review Act after the promulgation of a final rule under that subsection. ``(2) If a State determines that the protection and enhancement of the quality of some or all of the waters within the State require greater environmental protection, the State may prohibit one or more such discharges incidental to the normal operation of a vessel. No such prohibition shall apply until-- ``(A) the Administrator determines that adequate facilities for the safe and sanitary removal of the relevant discharges are reasonably available for the waters to which the prohibition would apply; and ``(B) the Under Secretary of Commerce for Oceans and Atmosphere determines that such prohibition does not create an undue burden on Commerce. ``(3) The Governor of any State may submit a petition requesting that the Commandant review the regulations promulgated under subsection (a) if there is significant new information, not available previously, that could reasonably result in a change to the regulation. The petition shall be accompanied by the scientific and technical information on which the petition is based. ``(d) Certain Discharges Unaffected.--Nothing this section shall be interpreted to apply to-- ``(1) a vessel of the Armed Forces; ``(2) a discharge of vessel sewage; or ``(3) any discharge not subject to the permit exclusion contained in section 122.3(a) of title 40, Code of Federal Regulations, as in effect on March 29, 2005. ``(e) Exclusions.--No permit shall be required under any other provision of law for, nor shall any uniform national discharge standard promulgated under subsection (a) apply to-- ``(1) a discharge incidental to the normal operation of a vessel that is less than 79 feet in length and is-- ``(A) engaged in commercial service (as defined in section 2101(5) of title 46, United States Code); or ``(B) a recreational vessel (as defined in section 2101(25) of title 46, United States Code); or ``(2) a discharge of aquatic nuisance species in vessel ballast water or sediment or from other vessel-related vectors of aquatic nuisance species subject to section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711); ``(3) the placement, release, or discharge of equipment, devices, or other material from a vessel for the sole purpose of conducting research on the aquatic environment or its natural resources in accordance with generally recognized scientific methods, principles, or techniques; ``(4) any discharge from a vessel authorized by an On-Scene Coordinator in accordance with part 300 of title 40, Code of Federal Regulations, or section 153.10(e) of title 33, Code of Federal Regulations; ``(5) discharges from a vessel that are necessary to secure the safety of the vessel or human life or to suppress fires onboard or at shoreside facilities; or ``(6) a vessel of the armed forces of a foreign nation when engaged in noncommercial service. ``(f) Incidental Discharge Defined.--In this section, the term `discharge incidental to the normal operation of a vessel'-- ``(1) means a discharge, including-- ``(A) graywater, bilge water, cooling water, weather deck runoff, ballast water, oil water separator effluent, and any other pollutant discharge from the operation of a marine propulsion system, shipboard maneuvering system, crew habitability system, or installed major equipment, such as an aircraft carrier elevator or a catapult, or from a protective, preservative, or absorptive application to the hull of the vessel; and ``(B) a discharge in connection with the testing, maintenance, and repair of a system described in subparagraph (A) whenever the vessel is waterborne; and ``(2) does not include-- ``(A) a discharge of rubbish, trash, garbage, or other such material discharged overboard; ``(B) an air emission resulting from the operation of a vessel propulsion system, motor driven equipment, or incinerator; or ``(C) a discharge that is not covered by part 122.3 of title 40, Code of Federal Regulations (as in effect on Feb. 10, 1996). ``(g) Application with Other Statutes.--Notwithstanding any other provision of law, this section shall be the exclusive statutory authority for regulation by the Federal Government of vessel discharges to which this section applies.''.

Vessel Discharge Evaluation and Review Act - Directs the Coast Guard's Commandant to conduct an evaluation of vessel discharges, other than aquatic nuisance species, and report to specified congressional committees. Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to suspend, beginning on the date of enactment of this Act and notwithstanding any other provision of law, any requirement to obtain a permit for a discharge incidental to the normal operation of a vessel. Requires promulgation of a final rule establishing enforceable uniform national discharge standards modeled on the regulatory program for vessels of the Armed Forces and based upon the best available technology. Preempts related state and local laws regarding a discharge incidental to the normal operation of a vessel, subject to exception. Lists certain discharges that are unaffected by or excluded from this Act, including Armed Forces vessels, discharges of vessel sewage, and discharges related to aquatic nuisance species. Makes this Act, notwithstanding any other provision of law, the exclusive statutory authority for federal regulation of vessel discharges to which these provisions apply.

A bill to require the Commandant of the Coast Guard, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, to conduct an evaluation and review of certain vessel discharges.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Vessel Discharge Evaluation and Review Act". <SECTION-HEADER> FINDINGS. The Congress finds the following: Starting with passage of the Act to Prevent Pollution from Ships in 1980, the United States Coast Guard has been the principal Federal authority charged with administering, enforcing, and prescribing regulations relating to the discharge of pollutants from vessels engaged in maritime commerce and transportation. There are more than 16 million State-registered boats, 110,000 commercial fishing vessels, and 53,000 freight and tank barges operating in United States waters. Since 1973 certain discharges incidental to the normal operation of these vessels have been exempted from regulation. When required, Congress has specifically mandated Federal programs for control of discharges from vessels, including the Act to Prevent Pollution from Ships in 1980, the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, the National Invasive Species Act of 1996. And section 1401 of the 2000 Omnibus Consolidated and Emergency Supplemental Appropriations for Fiscal Year 2001, which prevented discharge of treated sewage and graywater in certain areas of Alaska. <SECTION-HEADER> EVALUATION AND REVIEW OF CERTAIN DISCHARGES. In General. The Commandant of the Coast Guard, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere and the head of any other appropriate agency or department of the United States, shall conduct an evaluation and review of vessel discharges, other than aquatic nuisance species, that are described in section 122.3(a) of title 40, Code of Federal Regulations, as in effect on January 5, 1989. The evaluation shall include a characterization of the various types and composition of such discharges by different classes of vessels. The volumes of such discharges for representative individual vessels and by classes of vessels in the aggregate. An analysis of current technologies or best management practices, and their associated costs, used to control such discharges. An analysis of the extent to which such discharges are currently subject to regulation under existing Federal laws or binding international obligations of the United States, the locations of such discharges. Analyses and conclusions as to the nature and extent of potential effects of such discharges on human health, welfare, and the environment. An analysis of practicable measures, including best management practices, to control such discharges. And recommendations as to steps, including regulatory changes, together with a schedule for implementation, that are appropriate to address such discharges. Public Comment. The Commandant shall publish a draft report containing findings, conclusions, and recommendations from the evaluation and review required by subsection (a) in the Federal Register. Accept public comments regarding such draft for a period of not less than 120 days after the date the draft is published in the Federal Register. And consider any such public comments in the preparation of the final report. Final Report. Not later than 2 years after the date of the enactment of this Act, the Commandant shall prepare and submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a final report containing findings, conclusions, and recommendations from the evaluation and review required by subsection (a). <SECTION-HEADER> DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS. Statement of Purpose. The purposes of this section are to provide for the establishment of nationally uniform, environmentally sound, standards for discharges incidental to the normal operation of vessels. And to establish procedures for designation of no discharge zones as necessary to protect waters within the jurisdiction of a State from the effects of discharges incidental to the normal operation of vessels. Evaluation and Review of Certain Discharges. Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 is amended by adding at the end thereof the following: "Section 1105. REGULATION OF CERTAIN DISCHARGES. In General. Notwithstanding any other provision of law, any requirement to obtain a permit for a discharge incidental to the normal operation of a vessel is suspended beginning on the date of enactment of the Vessel Discharge Evaluation and Review Act. The Commandant of the Coast Guard, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere shall promulgate a final rule to establish an appropriate program for establishing enforceable uniform national discharge standards, in lieu of any permit requirement established pursuant to any other provision of law, that are modeled in whole or in part on the regulatory program for vessels of the Armed Forces and based upon the best available technology. Any such national uniform discharge standards or prohibitions shall be enforced by the Secretary of the department in which the Coast Guard is operating and may be enforced by a State. Judicial Review. An interested person may file a petition for review of a final regulation promulgated under this section in the United States Court of Appeals for the District of Columbia Circuit. Any such petition shall be filed within 120 days after the date notice of such promulgation appears in the Federal Register, except that if such petition is based solely on grounds arising after such 120th day, then any petition for review under this subsection shall be filed within 120 days after such grounds arise. Any regulation for which review could have been obtained under paragraph (1) of this subsection is not subject to judicial review in any civil or criminal proceeding for enforcement. Effect on State Authority. Notwithstanding any other provision of law, except as provided in this subsection, no State or political subdivision thereof may adopt or enforce any statute or regulation of the State or political subdivision with respect to a discharge incidental to the normal operation of a vessel subject to evaluation under section 3 of the Vessel Discharge Evaluation and Review Act after the promulgation of a final rule under that subsection. If a State determines that the protection and enhancement of the quality of some or all of the waters within the State require greater environmental protection, the State may prohibit one or more such discharges incidental to the normal operation of a vessel. No such prohibition shall apply until the Administrator determines that adequate facilities for the safe and sanitary removal of the relevant discharges are reasonably available for the waters to which the prohibition would apply. And the Under Secretary of Commerce for Oceans and Atmosphere determines that such prohibition does not create an undue burden on Commerce. The Governor of any State may submit a petition requesting that the Commandant review the regulations promulgated under subsection (a) if there is significant new information, not available previously, that could reasonably result in a change to the regulation. The petition shall be accompanied by the scientific and technical information on which the petition is based. Certain Discharges Unaffected. Nothing this section shall be interpreted to apply to a vessel of the Armed Forces, a discharge of vessel sewage. Or any discharge not subject to the permit exclusion contained in section 122.3(a) of title 40, Code of Federal Regulations, as in effect on March 29, 2005. Exclusions. No permit shall be required under any other provision of law for, nor shall any uniform national discharge standard promulgated under subsection (a) apply to a discharge incidental to the normal operation of a vessel that is less than 79 feet in length and is engaged in commercial service (as defined in section 2101, or a recreational vessel (as defined in section 2101. Or a discharge of aquatic nuisance species in vessel ballast water or sediment or from other vessel-related vectors of aquatic nuisance species subject to section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990. The placement, release, or discharge of equipment, devices, or other material from a vessel for the sole purpose of conducting research on the aquatic environment or its natural resources in accordance with generally recognized scientific methods, principles, or techniques. Any discharge from a vessel authorized by an On-Scene Coordinator in accordance with part 300 of title 40, Code of Federal Regulations, or section 153.10(e) of title 33, Code of Federal Regulations. Discharges from a vessel that are necessary to secure the safety of the vessel or human life or to suppress fires onboard or at shoreside facilities. Or a vessel of the armed forces of a foreign nation when engaged in noncommercial service. Incidental Discharge Defined. In this section, the term `discharge incidental to the normal operation of a vessel' means a discharge, including graywater, bilge water, cooling water, weather deck runoff, ballast water, oil water separator effluent, and any other pollutant discharge from the operation of a marine propulsion system, shipboard maneuvering system, crew habitability system, or installed major equipment, such as an aircraft carrier elevator or a catapult, or from a protective, preservative, or absorptive application to the hull of the vessel. And a discharge in connection with the testing, maintenance, and repair of a system described in subparagraph (A) whenever the vessel is waterborne. And does not include a discharge of rubbish, trash, garbage, or other such material discharged overboard. An air emission resulting from the operation of a vessel propulsion system, motor driven equipment, or incinerator. Or a discharge that is not covered by part 122.3 of title 40, Code of Federal Regulations . Application with Other Statutes. Notwithstanding any other provision of law, this section shall be the exclusive statutory authority for regulation by the Federal Government of vessel discharges to which this section applies.".

Vessel Discharge Evaluation and Review Act - Directs the Coast Guard's Commandant to conduct an evaluation of vessel discharges, other than aquatic nuisance species, and report to specified congressional committees. Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to suspend, beginning on the date of enactment of this Act and notwithstanding any other provision of law, any requirement to obtain a permit for a discharge incidental to the normal operation of a vessel. Requires promulgation of a final rule establishing enforceable uniform national discharge standards modeled on the regulatory program for vessels of the Armed Forces and based upon the best available technology. Preempts related state and local laws regarding a discharge incidental to the normal operation of a vessel, subject to exception. Lists certain discharges that are unaffected by or excluded from this Act, including Armed Forces vessels, discharges of vessel sewage, and discharges related to aquatic nuisance species. Makes this Act, notwithstanding any other provision of law, the exclusive statutory authority for federal regulation of vessel discharges to which these provisions apply.

A bill to require the Commandant of the Coast Guard, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, to conduct an evaluation and review of certain vessel discharges.

103_hr1049

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Budget Presentation Act''. SEC. 2. PURPOSE. The purpose of this Act is to establish a commission which will submit findings and recommendations to provide a more effective presentation of capital and operating expenses of the United States Government. SEC. 3. FINDINGS. The Congress finds the following: (1) The Federal Government does not take a comprehensive look at capital investment programs across agency and program lines to see how they fit into a national strategy for maintaining and improving the Nation's public facilities. (2) Both the executive branch and the Congress tend to set priorities for physical capital investment program-by-program. There is no consistent basis for setting priorities among projects and programs, and there is no framework in which to identify those having similar objectives and those that are at cross-purposes. (3) This program- and project-orientation makes planning for public facilities vulnerable to short-term factors, thus impairing the stability and predictability needed for an efficient capital investment program. (4) A separate capital budget would establish a useful planning process because it would focus on long-term projects, costs, and benefits. SEC. 4. COMMISSION ON THE PRESENTATION OF THE BUDGET OF THE UNITED STATES. (a) Establishment.--To carry out the purpose of section 2, there is established the Commission on the Presentation of the Budget of the United States (hereinafter in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall be composed of the following 9 members: (1) The Deputy Director of the Office of Management and Budget, who shall act as Chairman of the Commission. (2) The Comptroller General of the United States, or his or her delegate. (3) The Director of the Congressional Budget Office, or his or her delegate. (4) Two members of the House of Representatives, one appointed by the Speaker of the House and one appointed by the minority leader of the House. (5) Two members of the Senate, one appointed by the President pro tempore of the Senate and one appointed by the minority leader of the Senate. (6) Two executive branch officials appointed by the President, who-- (A) are not employed in the Executive Office of the President; (B) hold positions at or above level III of the Executive Schedule; and (C) have substantial responsibilities for formulating, presenting, and implementing executive budgets. (c) Completion of Appointments.--Appointment of the members of the Commission shall be completed within 30 days after the effective date of this Act. (d) Vacancies.--Any vacancy in the membership of the Commission shall not affect its powers, and shall be filled in the same manner in which the original appointment was made. (e) Compensation.--Members of the Commission shall not receive compensation for their service on the Commission, but shall be reimbursed by the Federal organization in which they are employed for travel, subsistence, and other necessary expenses incurred in the performance of their duties on the Commission. SEC. 5. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall-- (1) study and investigate the manner in which all departments, agencies, independent establishments, and instrumentalities of the United States Government participate in the formulation and presentation of the United States Budget; and (2) make such recommendations as the members of the Commission consider appropriate to provide improved governmental processes in the formulation, presentation, and implementation of the United States Budget with respect to-- (A) the ability of the United States Budget to distinguish between capital activities and operating activities, and between operating funds and trust funds, to identify the resources needed to meet the Government's needs; (B) improved procedures among departments, agencies, independent establishments, and instrumentalities of the United States Government to provide improved coordination and control with respect to the formulation, presentation, and implementation of the United States Budget; and (C) more effective arrangements between the executive branch and the Congress, which will better enable each to carry out its budgeting, revenue, and appropriation responsibilities. (c) Report.--The Commission shall submit a comprehensive report to the President and the Congress by not later than 7 months after the effective date of this Act, containing the findings and recommendations of the Commission. Such recommendations may include proposed legislation and administrative actions the Commission considers appropriate. SEC. 6. POWERS OF THE COMMISSION. (a) Meetings.--(1) The Commission may, for the purpose of carrying out the provisions of this Act, hold such hearings, sit and act at such times and places, administer such oaths, and require the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents, as the Commission may consider advisable. (2) Five members of the Commission shall constitute a quorum, except that a lesser number may hold hearings. (b) Obtaining Information, Etc.--The Commission may request from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purposes of this Act. Each such department, bureau, agency, board, commission, office, establishment, or instrumentality shall, to the extent not otherwise prohibited by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman. SEC. 7. STAFF OF THE COMMISSION. The individual Commission members shall obtain staff support from their respective employing organizations. SEC. 8. TERMINATION. The Commission shall cease to exist on the 30th day after the date on which it submits its report under section 5(c).

Improved Budget Presentation Act - Establishes the Commission on the Presentation of the Budget of the United States to study and report to the President and the Congress on recommendations to provide improved governmental processes in the formulation, presentation, and implementation of the Federal budget with respect to: (1) the ability of the budget to distinguish between capital and operating activities, and between operating and trust funds, to identify the resources needed to meet the Government's needs. (2) improved procedures among Federal departments, agencies, independent establishments, and instrumentalities to provide improved coordination and control with respect to the budget. And (3) more effective arrangements between the executive branch and the Congress which will better enable each to carry out its budgeting, revenue, and appropriation responsibilities.

Improved Budget Presentation Act

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Improved Budget Presentation Act". <SECTION-HEADER> PURPOSE. The purpose of this Act is to establish a commission which will submit findings and recommendations to provide a more effective presentation of capital and operating expenses of the United States Government. <SECTION-HEADER> FINDINGS. The Congress finds the following: The Federal Government does not take a comprehensive look at capital investment programs across agency and program lines to see how they fit into a national strategy for maintaining and improving the Nation's public facilities. Both the executive branch and the Congress tend to set priorities for physical capital investment program-by-program. There is no consistent basis for setting priorities among projects and programs, and there is no framework in which to identify those having similar objectives and those that are at cross-purposes. This program- and project-orientation makes planning for public facilities vulnerable to short-term factors, thus impairing the stability and predictability needed for an efficient capital investment program. A separate capital budget would establish a useful planning process because it would focus on long-term projects, costs, and benefits. <SECTION-HEADER> COMMISSION ON THE PRESENTATION OF THE BUDGET OF THE UNITED STATES. Establishment. To carry out the purpose of section 2, there is established the Commission on the Presentation of the Budget of the United States . Membership. The Commission shall be composed of the following 9 members: The Deputy Director of the Office of Management and Budget, who shall act as Chairman of the Commission. The Comptroller General of the United States, or his or her delegate. The Director of the Congressional Budget Office, or his or her delegate. Two members of the House of Representatives, one appointed by the Speaker of the House and one appointed by the minority leader of the House. Two members of the Senate, one appointed by the President pro tempore of the Senate and one appointed by the minority leader of the Senate. Two executive branch officials appointed by the President, who are not employed in the Executive Office of the President. Hold positions at or above level III of the Executive Schedule. And have substantial responsibilities for formulating, presenting, and implementing executive budgets. Completion of Appointments. Appointment of the members of the Commission shall be completed within 30 days after the effective date of this Act. Vacancies. Any vacancy in the membership of the Commission shall not affect its powers, and shall be filled in the same manner in which the original appointment was made. Compensation. Members of the Commission shall not receive compensation for their service on the Commission, but shall be reimbursed by the Federal organization in which they are employed for travel, subsistence, and other necessary expenses incurred in the performance of their duties on the Commission. <SECTION-HEADER> DUTIES OF THE COMMISSION. In General. The Commission shall study and investigate the manner in which all departments, agencies, independent establishments, and instrumentalities of the United States Government participate in the formulation and presentation of the United States Budget. And make such recommendations as the members of the Commission consider appropriate to provide improved governmental processes in the formulation, presentation, and implementation of the United States Budget with respect to the ability of the United States Budget to distinguish between capital activities and operating activities, and between operating funds and trust funds, to identify the resources needed to meet the Government's needs. Improved procedures among departments, agencies, independent establishments, and instrumentalities of the United States Government to provide improved coordination and control with respect to the formulation, presentation, and implementation of the United States Budget. And more effective arrangements between the executive branch and the Congress, which will better enable each to carry out its budgeting, revenue, and appropriation responsibilities. Report. The Commission shall submit a comprehensive report to the President and the Congress by not later than 7 months after the effective date of this Act, containing the findings and recommendations of the Commission. Such recommendations may include proposed legislation and administrative actions the Commission considers appropriate. <SECTION-HEADER> POWERS OF THE COMMISSION. Meetings. (1) The Commission may, for the purpose of carrying out the provisions of this Act, hold such hearings, sit and act at such times and places, administer such oaths, and require the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents, as the Commission may consider advisable. Five members of the Commission shall constitute a quorum, except that a lesser number may hold hearings. Obtaining Information, Etc. The Commission may request from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purposes of this Act. Each such department, bureau, agency, board, commission, office, establishment, or instrumentality shall, to the extent not otherwise prohibited by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman. <SECTION-HEADER> STAFF OF THE COMMISSION. The individual Commission members shall obtain staff support from their respective employing organizations. <SECTION-HEADER> TERMINATION. The Commission shall cease to exist on the 30th day after the date on which it submits its report under section 5(c).

Improved Budget Presentation Act - Establishes the Commission on the Presentation of the Budget of the United States to study and report to the President and the Congress on recommendations to provide improved governmental processes in the formulation, presentation, and implementation of the Federal budget with respect to: (1) the ability of the budget to distinguish between capital and operating activities, and between operating and trust funds, to identify the resources needed to meet the Government's needs. (2) improved procedures among Federal departments, agencies, independent establishments, and instrumentalities to provide improved coordination and control with respect to the budget. And (3) more effective arrangements between the executive branch and the Congress which will better enable each to carry out its budgeting, revenue, and appropriation responsibilities.

Improved Budget Presentation Act

108_hr5203

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Agricultural Disaster Assistance Act of 2004''. SEC. 2. CROP DISASTER ASSISTANCE. (a) Definitions.--In this section: (1) Additional coverage.--The term ``additional coverage'' has the meaning given the term in section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)). (2) Insurable commodity.--The term ``insurable commodity'' means an agricultural commodity (excluding livestock) for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). (3) Noninsurable commodity.--The term ``noninsurable commodity'' means an eligible crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (b) Emergency Financial Assistance.--Notwithstanding section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance authorized under this section available to producers on a farm that have incurred qualifying crop or quality losses for the 2003 or 2004 crop (as elected by a producer), but not both, due to damaging weather or related condition, as determined by the Secretary. (c) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. (d) Reduction in Payments.--The amount of assistance that a producer would otherwise receive for a qualifying crop or quality loss under this section shall be reduced by the amount of assistance that the producer receives under the crop loss assistance program announced by the Secretary on August 27, 2004. (e) Ineligibility for Assistance.--Except as provided in subsection (f), the producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm-- (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses; and (2) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop incurring the losses. (f) Contract Waiver.--The Secretary may waive subsection (e) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree-- (1) in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) providing additional coverage for the insurable commodity for each of the next 2 crops; and (2) in the case of a noninsurable commodity, to file the required paperwork and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (g) Effect of Violation.--In the event of the violation of a contract under subsection (f) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this section. SEC. 3. LIVESTOCK ASSISTANCE PROGRAM. (a) In General.--The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make and administer payments for livestock losses to producers for 2003 or 2004 losses (as elected by a producer), but not both, in a county that has received an emergency designation by the President or the Secretary after January 1, 2003, of which an amount determined by the Secretary shall be made available for the American Indian livestock program under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51). (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51). (c) Mitigation.--In determining the eligibility for or amount of payments for which a producer is eligible under the livestock assistance program, the Secretary shall not penalize a producer that takes actions (recognizing disaster conditions) that reduce the average number of livestock the producer owned for grazing during the production year for which assistance is being provided. SEC. 4. TREE ASSISTANCE PROGRAM. The Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance under the tree assistance program established under subtitle C of title X of the Farm Security and Rural Investment Act of 2002 to producers who suffered tree losses during the winter of 2003 through 2004. SEC. 5. COMMODITY CREDIT CORPORATION. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act. SEC. 6. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 7. EMERGENCY DESIGNATION. Amounts appropriated or otherwise made available in this Act are each designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate by section 14007 of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1014). However, such amounts shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement, is transmitted by the President to the Congress.

Emergency Agricultural Disaster Assistance Act of 2004 - Directs the Secretary of Agriculture to provide emergency financial assistance to agricultural producers who have incurred qualifying 2003 or 2004 crop losses due to weather or related conditions. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities. And (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth waiver provisions. Reduces payments for amounts received under a specified crop loss program announced in 2004. Directs the Secretary to provide payments to livestock producers who have incurred 2003 or 2004 losses in an emergency-designated county, with discretionary set-asides for the American Indian livestock program. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Directs the Secretary to provide assistance under the tree assistance program to tree farmers who have suffered losses during the 2003-2004 winter.

To provide emergency agricultural disaster assistance.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Emergency Agricultural Disaster Assistance Act of 2004". <SECTION-HEADER> CROP DISASTER ASSISTANCE. Definitions. In this section: Additional coverage. The term "additional coverage" has the meaning given the term in section 502(b) of the Federal Crop Insurance Act (7 USC. 1502(b)). Insurable commodity. The term "insurable commodity" means an agricultural commodity for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act . Noninsurable commodity. The term "noninsurable commodity" means an eligible crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 . Emergency Financial Assistance. Notwithstanding section 508(b)(7) of the Federal Crop Insurance Act (7 USC. 1508(b)(7)), the Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance authorized under this section available to producers on a farm that have incurred qualifying crop or quality losses for the 2003 or 2004 crop , but not both, due to damaging weather or related condition, as determined by the Secretary. Administration. The Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 , including using the same loss thresholds for the quantity and quality losses as were used in administering that section. Reduction in Payments. The amount of assistance that a producer would otherwise receive for a qualifying crop or quality loss under this section shall be reduced by the amount of assistance that the producer receives under the crop loss assistance program announced by the Secretary on August 27, 2004. Ineligibility for Assistance. Except as provided in subsection , the producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act for the crop incurring the losses. And in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 for the crop incurring the losses. Contract Waiver. The Secretary may waive subsection (e) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act providing additional coverage for the insurable commodity for each of the next 2 crops. And in the case of a noninsurable commodity, to file the required paperwork and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 . Effect of Violation. In the event of the violation of a contract under subsection (f) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this section. <SECTION-HEADER> LIVESTOCK ASSISTANCE PROGRAM. In General. The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make and administer payments for livestock losses to producers for 2003 or 2004 losses , but not both, in a county that has received an emergency designation by the President or the Secretary after January 1, 2003, of which an amount determined by the Secretary shall be made available for the American Indian livestock program under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 . Administration. The Secretary shall make assistance available under this section in the same manner as provided under section 806 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 . Mitigation. In determining the eligibility for or amount of payments for which a producer is eligible under the livestock assistance program, the Secretary shall not penalize a producer that takes actions that reduce the average number of livestock the producer owned for grazing during the production year for which assistance is being provided. <SECTION-HEADER> TREE ASSISTANCE PROGRAM. The Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance under the tree assistance program established under subtitle C of title X of the Farm Security and Rural Investment Act of 2002 to producers who suffered tree losses during the winter of 2003 through 2004. <SECTION-HEADER> COMMODITY CREDIT CORPORATION. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act. <SECTION-HEADER> REGULATIONS. In General. The Secretary may promulgate such regulations as are necessary to implement this Act. Procedure. The promulgation of the regulations and administration of this Act shall be made without regard to the notice and comment provisions of section 553 of title 5, United States Code. The Statement of Policy of the Secretary of Agriculture effective July 24, 1971 , relating to notices of proposed rulemaking and public participation in rulemaking. And chapter 35 of title 44, United States Code . Congressional Review of Agency Rulemaking. In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. <SECTION-HEADER> EMERGENCY DESIGNATION. Amounts appropriated or otherwise made available in this Act are each designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 , as made applicable to the House of Representatives by H. Res. 649 and applicable to the Senate by section 14007 of the Department of Defense Appropriations Act, 2005 . However, such amounts shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement, is transmitted by the President to the Congress.

Emergency Agricultural Disaster Assistance Act of 2004 - Directs the Secretary of Agriculture to provide emergency financial assistance to agricultural producers who have incurred qualifying 2003 or 2004 crop losses due to weather or related conditions. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities. And (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth waiver provisions. Reduces payments for amounts received under a specified crop loss program announced in 2004. Directs the Secretary to provide payments to livestock producers who have incurred 2003 or 2004 losses in an emergency-designated county, with discretionary set-asides for the American Indian livestock program. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Directs the Secretary to provide assistance under the tree assistance program to tree farmers who have suffered losses during the 2003-2004 winter.

To provide emergency agricultural disaster assistance.

104_hr3962

SECTION 1. KOREA VISA WAIVER PILOT PROGRAM. (a) Congressional Findings.--The Congress finds that-- (1) travel and tourism play a major role in reducing the United States unfavorable balance of trade; (2) the characteristics of the Korean travel market do not permit long-term planning for longer trips; (3) applications for United States visas cannot now be processed in a reasonable period of time; (4) the Secretary of State has attempted to solve the problem by adding additional staff to the consular section at the United States Embassy in Seoul; (5) unfortunately, these additions have not resulted in any discernable improvement in reducing visa processing delays; (6) further, it is unlikely, given the current fiscal environment, to expect funding to be available for further staff additions in sufficient numbers to effect any significant improvement in the time required to process visa applications; (7) most of the nations of the South Pacific, Europe, and Canada do not currently require Koreans entering their countries to have a visa, thus providing them with a serious competitive advantage in the tourism industry; (8) the United States territory of Guam has been permitted by the United States Government to eliminate visa requirements for Koreans visiting Guam, with resultant impressive increases in travel and tourism from citizens of the Republic of Korea; (9) any application under existing procedures to add the Republic of Korea, or any other nation to the group of favored nations exempted from United States visa regulations, would require many years during which time the United States could well lose its competitive advantages in attracting travel and tourism from the Republic of Korea; (10) the Republic of Korea, as a gesture of goodwill, has already unilaterally exempted United States tourists who seek to enter the Republic of Korea from the requirement of obtaining a visa; and (11) growth in Korean travel to the United States has not kept pace with growth in travel to non-United States destinations, and cumbersome and time-consuming visa processing procedures are widely recognized as the cause of this loss of market share and competitiveness with alternative destinations. (b) Pilot Program.--The Secretary of State and the Attorney General jointly shall establish a pilot project (in this section referred to as the ``pilot program'') within six months of the date of the enactment of this Act under which the requirement of paragraph (7)(B)(i)(II) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)(B)(i)(II)) is waived during the pilot program period in the case of any alien who meets the following requirements: (1) National of pilot program country.--The alien is a national of, and presents a passport issued by, the Republic of Korea. The Republic of Korea is urged to provide machine readable passports to its citizens in the near future. (2) Seeking entry as tourist.--The alien is applying for admission to the United States during the pilot program period as a nonimmigrant visitor for pleasure (as described in section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(B))), as part of a group tour to the United States. (3) Period of stay.--The alien seeks to stay in the United States for a period of not more than 15 days. (4) Executes immigration forms.--The alien before the time of such admission completes such immigration form as the Attorney General shall establish. (5) Entry into the united states.--If arriving by sea or air, the alien arrives at the port of entry into the United States on a carrier which has entered into an agreement with the Immigration and Naturalization Service to guarantee transport of the alien out of the United States if the alien is found inadmissible or deportable by an immigration officer. (6) Not a safety threat.--The alien has been determined not to represent a threat to the welfare, health, safety, or security of the United States. (7) No previous violation.--If the alien previously was admitted without a visa under this section, the alien must not have failed to comply with the conditions of any previous admission as such a nonimmigrant. (8) Round-trip ticket.--The alien is in possession of a round-trip transportation ticket (unless this requirement is waived by the Attorney General under regulations). (c) Waiver of Rights.--An alien may not be provided a waiver under the pilot program unless the alien has waived any right-- (1) to review or appeal under this Act of an immigration officer's determination as to the admissibility of the alien at the port of entry into the United States, or (2) to contest, other than on the basis of an application for asylum, any action for deportation against the alien. (d) Termination of Authority.--Notwithstanding any other provision of this section, the Attorney General and the Secretary of State, acting jointly, may terminate the pilot program under this section on or after a date which is one year after the date of the establishment of the pilot program if-- (1) during the preceding fiscal year, the overstay rate for nationals of the Republic of Korea entering the United States under the pilot program exceeds the overstay rate of such nationals entering the United States with valid visas; and (2) the Attorney General and the Secretary of State have jointly determined that the pilot program is leading to a significant increase in the number of overstays by such nationals. (e) Special Bond and Notification Requirements for Tour Operators.-- (1) In general.--Nationals of the Republic of Korea may not enter the United States under the terms of this section unless they are accompanied for the duration of their authorized admission period by a tour operator who has fulfilled the following requirements: (A) The tour operator has posted a bond of $200,000 with the Secretary of State. (B) The Secretary of State, under such regulations as the Secretary may prescribe, has approved an application by the tour operator to escort tour groups to the United States. (C) The tour operator provides the name, address, birthdate, passport number, and citizenship of all prospective tour group members to the Secretary of State no less than one business day prior to the departure date of the group, under such regulations as he may prescribe, in order to determine that the prospective travelers do not represent a threat to the welfare, health, safety, and security of the United States. (D) The tour operator excludes from the tour group any person whom the Secretary of State denies permission to travel to the United States. (E) The tour operator provides written certification or other such evidence prescribed by the Secretary of State and Attorney General which documents the return to Korea of each tour group member. (2) Forfeiture of bonds.--Bonds posted in accordance with this subsection shall be forfeited in whole or in part and a tour operator's authorization to escort tours to the United States may be suspended or revoked if the Secretary of State finds that the tour operator-- (A) has failed to disclose a material fact in connection with the application required under paragraph (1)(B); (B) fails to comply with the advance notification and refusal requirements of paragraphs (1)(C) and (1)(D); (C) has failed to take adequate steps to ensure that visitors who are being escorted to the United States under the terms of an approved application return to their country of residence; or (D) is found at any time to have committed a felony or any offense under the immigration laws of the United States. (f) Participation by Tour Agents.--The Secretary of State shall periodically review the overstay rate of nationals of the Republic of Korea that corresponds to each tour agent participating in the program under this section. The Secretary may terminate the participation in the program of any tour agent if the Secretary determines that the corresponding overstay rate is excessive. (g) Definitions.--For purposes of this section-- (1) Group tour.--The term ``group tour'' means travelers who take advantage of group-purchased hotel or airfare packages, as guided, supervised, and arranged by a tour agent in the Republic of Korea approved or licensed by the Department of State. (2) Overstay rate.--The term ``overstay rate'' means, during a specified period of time, the proportion that the number of aliens remaining in the United States after the expiration of their visas bears to the total number of aliens entering the United States during that period of time. (3) Pilot program period.--The term ``pilot program period'' means the three-year period immediately following the establishment of the pilot program.

Directs the Secretary of State and the Attorney General to jointly establish a visa waiver pilot program for Korean nationals traveling in tour groups to the United States. Specifies requirements for such waiver.

To establish a visa waiver pilot program for nationals of Korea who are traveling in tour groups to the United States.

<SECTION-HEADER> KOREA VISA WAIVER PILOT PROGRAM. Congressional Findings. The Congress finds that travel and tourism play a major role in reducing the United States unfavorable balance of trade. The characteristics of the Korean travel market do not permit long-term planning for longer trips. Applications for United States visas cannot now be processed in a reasonable period of time. The Secretary of State has attempted to solve the problem by adding additional staff to the consular section at the United States Embassy in Seoul. Unfortunately, these additions have not resulted in any discernable improvement in reducing visa processing delays. Further, it is unlikely, given the current fiscal environment, to expect funding to be available for further staff additions in sufficient numbers to effect any significant improvement in the time required to process visa applications. Most of the nations of the South Pacific, Europe, and Canada do not currently require Koreans entering their countries to have a visa, thus providing them with a serious competitive advantage in the tourism industry. The United States territory of Guam has been permitted by the United States Government to eliminate visa requirements for Koreans visiting Guam, with resultant impressive increases in travel and tourism from citizens of the Republic of Korea. Any application under existing procedures to add the Republic of Korea, or any other nation to the group of favored nations exempted from United States visa regulations, would require many years during which time the United States could well lose its competitive advantages in attracting travel and tourism from the Republic of Korea. The Republic of Korea, as a gesture of goodwill, has already unilaterally exempted United States tourists who seek to enter the Republic of Korea from the requirement of obtaining a visa. And growth in Korean travel to the United States has not kept pace with growth in travel to non-United States destinations, and cumbersome and time-consuming visa processing procedures are widely recognized as the cause of this loss of market share and competitiveness with alternative destinations. Pilot Program. The Secretary of State and the Attorney General jointly shall establish a pilot project within six months of the date of the enactment of this Act under which the requirement of paragraph (7)(B)(i)(II) of section 212(a) of the Immigration and Nationality Act (8 USC. 1182(a)(7)(B)(i)(II)) is waived during the pilot program period in the case of any alien who meets the following requirements: National of pilot program country. The alien is a national of, and presents a passport issued by, the Republic of Korea. The Republic of Korea is urged to provide machine readable passports to its citizens in the near future. Seeking entry as tourist. The alien is applying for admission to the United States during the pilot program period as a nonimmigrant visitor for pleasure (as described in section 101(a)(15)(B) of the Immigration and Nationality Act (8 USC. 1101(a)(15)(B))), as part of a group tour to the United States. Period of stay. The alien seeks to stay in the United States for a period of not more than 15 days. Executes immigration forms. The alien before the time of such admission completes such immigration form as the Attorney General shall establish. Entry into the united states. If arriving by sea or air, the alien arrives at the port of entry into the United States on a carrier which has entered into an agreement with the Immigration and Naturalization Service to guarantee transport of the alien out of the United States if the alien is found inadmissible or deportable by an immigration officer. Not a safety threat. The alien has been determined not to represent a threat to the welfare, health, safety, or security of the United States. No previous violation. If the alien previously was admitted without a visa under this section, the alien must not have failed to comply with the conditions of any previous admission as such a nonimmigrant. Round-trip ticket. The alien is in possession of a round-trip transportation ticket . Waiver of Rights. An alien may not be provided a waiver under the pilot program unless the alien has waived any right to review or appeal under this Act of an immigration officer's determination as to the admissibility of the alien at the port of entry into the United States, or to contest, other than on the basis of an application for asylum, any action for deportation against the alien. Termination of Authority. Notwithstanding any other provision of this section, the Attorney General and the Secretary of State, acting jointly, may terminate the pilot program under this section on or after a date which is one year after the date of the establishment of the pilot program if during the preceding fiscal year, the overstay rate for nationals of the Republic of Korea entering the United States under the pilot program exceeds the overstay rate of such nationals entering the United States with valid visas. And the Attorney General and the Secretary of State have jointly determined that the pilot program is leading to a significant increase in the number of overstays by such nationals. Special Bond and Notification Requirements for Tour Operators. In general. Nationals of the Republic of Korea may not enter the United States under the terms of this section unless they are accompanied for the duration of their authorized admission period by a tour operator who has fulfilled the following requirements: The tour operator has posted a bond of $200,000 with the Secretary of State. The Secretary of State, under such regulations as the Secretary may prescribe, has approved an application by the tour operator to escort tour groups to the United States. The tour operator provides the name, address, birthdate, passport number, and citizenship of all prospective tour group members to the Secretary of State no less than one business day prior to the departure date of the group, under such regulations as he may prescribe, in order to determine that the prospective travelers do not represent a threat to the welfare, health, safety, and security of the United States. The tour operator excludes from the tour group any person whom the Secretary of State denies permission to travel to the United States. The tour operator provides written certification or other such evidence prescribed by the Secretary of State and Attorney General which documents the return to Korea of each tour group member. Forfeiture of bonds. Bonds posted in accordance with this subsection shall be forfeited in whole or in part and a tour operator's authorization to escort tours to the United States may be suspended or revoked if the Secretary of State finds that the tour operator has failed to disclose a material fact in connection with the application required under paragraph (1)(B). Fails to comply with the advance notification and refusal requirements of paragraphs (1)(C) and (D). Has failed to take adequate steps to ensure that visitors who are being escorted to the United States under the terms of an approved application return to their country of residence. Or is found at any time to have committed a felony or any offense under the immigration laws of the United States. Participation by Tour Agents. The Secretary of State shall periodically review the overstay rate of nationals of the Republic of Korea that corresponds to each tour agent participating in the program under this section. The Secretary may terminate the participation in the program of any tour agent if the Secretary determines that the corresponding overstay rate is excessive. Definitions. For purposes of this section Group tour. The term "group tour" means travelers who take advantage of group-purchased hotel or airfare packages, as guided, supervised, and arranged by a tour agent in the Republic of Korea approved or licensed by the Department of State. Overstay rate. The term "overstay rate" means, during a specified period of time, the proportion that the number of aliens remaining in the United States after the expiration of their visas bears to the total number of aliens entering the United States during that period of time. Pilot program period. The term "pilot program period" means the three-year period immediately following the establishment of the pilot program.

Directs the Secretary of State and the Attorney General to jointly establish a visa waiver pilot program for Korean nationals traveling in tour groups to the United States. Specifies requirements for such waiver.

To establish a visa waiver pilot program for nationals of Korea who are traveling in tour groups to the United States.

107_hr3966

SECTION 1. SHORT TITLE. This Act may be cited as the ``Genomic Science and Technology Innovation Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) Genomic science promises a revolution in the development of new and effective genomic technologies and other innovations, and it is in the national interest to speed the development and deployment of these new technologies through policies that promote innovation in the field of genomic science and technology. (2) While Federal innovation policies can help stimulate innovation by attracting capital investment to the development of commercial products, such policies can also inhibit basic research and hinder sharing of information that is the basis of scientific progress, thereby slowing the innovation process. (3) Intellectual property policies for genomic science and technology products are being implemented without an adequate understanding and consideration of the net impact of such policies on the innovation process. (4) Decisions about intellectual property policy being made now are likely to have significant impacts on basic research and the development of genomic technology for decades to come. (5) The Office of Science and Technology Policy is uniquely positioned to lead the development of a coordinated, interagency policy to promote innovation in genomic science and technology. A definitive study coordinated by the Office of Science and Technology Policy that identifies the impacts of Federal innovation policy on the innovation pipeline for genomic technology and includes recommendations for policies, including any statutory changes needed to optimize the genomic technology innovation pipeline, would contribute significantly to the development of the policy. SEC. 3. STUDY. (a) Requirement.--The Director of the Office of Science and Technology Policy shall conduct, or may contract with the National Academy of Sciences to conduct, a study that assesses the impact of Federal policies, including intellectual property policies, on the innovation process for genomic technologies. (b) Consultation.--In conducting the study, the Director of the Office of Science and Technology Policy shall consult with the National Science and Technology Council, the National Science Foundation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Health and Human Services, and other agencies or divisions of agencies the Director considers appropriate. (c) Advisory Committee.--In conducting the study, the Director of the Office of Science and Technology Policy shall consult with an advisory committee, organized as a subcommittee of the President's Committee of Advisors on Science and Technology, that shall include balanced membership from research universities and other nonprofit research institutions, industry, economists, legal experts, bioethicists, clinicians and clinical scientists, genetic practitioners, and advocacy groups. (d) Contents.--The study shall-- (1) identify and quantify, to extent possible, the actual and reasonably expected effects of innovation policy on genomic science and technology innovation; (2) explicitly consider various alternative levels of intellectual property protection genomic materials may receive and the likely impact of the various levels of protection on each element of the innovation pipeline, including-- (A) fundamental genomic research carried out at universities and other nonprofit research institutions; (B) commercial genomic research at universities, nonprofit research institutions, and for-profit institutions, including the expected effects on intracompany investment and external private capital; (C) development of commercial genomic technologies, including the expected effects on investment capital; and (D) access to genomic technologies and processes; and (3) include an assessment of the net impact of Federal innovation policies on innovation for genomic technologies, including an assessment of-- (A) researchers' access to genomic materials; (B) the rate of innovation; (C) the quality of innovation; (D) the cost of new genomic technologies brought to market; (E) the impact of restricted access to genomic diagnostics on evaluation, improvement, and clinical utilization; (F) the cost and availability of innovative technology; (G) whether Federal innovation policies create barriers to research through denial of use of a research tool, increased costs of licensing, legal and litigation costs, transaction costs, or the perception of increased legal liability, or hinder the access of researchers to genomic materials and to databases of genomic sequence information; (H) whether Federal innovation policies affect the choice of area of research conducted by researchers or institutions or provide positive benefits to such research, including additional funding from private sector partners; and (I) the range of incentives providing motivation for genetics research and technology development other than intellectual property protection. SEC. 4. REPORT. The Director of the Office of Science and Technology Policy shall, within 270 days after the date of the enactment of this Act, transmit a report to Congress that-- (1) contains the findings of the study conducted under section 3; and (2) makes recommendations for policies, including legislative changes, needed to optimize the genomic technology innovation pipeline. SEC. 5. COORDINATED POLICY. After the report is transmitted to Congress under section 4, the Director of the Office of Science and Technology Policy shall incorporate the policy recommendations into a coordinated interagency policy to promote innovation in genomic science and technology, including the sound use of intellectual property policy. SEC. 6. DEFINITIONS. For the purposes of this Act-- (1) the term ``genomic materials'' means any material containing a human or human pathogen polynucleotide sequence other than genetic probes and markers and transgenic organisms; (2) the term ``genomic technology'' means any genetic diagnostic methods or kits, tools, probes, or markers, and any pharmaceutical or therapy that uses or incorporates genomic materials; and (3) the term ``innovation policy'' includes intellectual property protection and policies.

Genomic Science and Technology Innovation Act of 2002 - Requires the Director of the Office of Science and Technology Policy to conduct, or contract with the National Academy of Sciences to conduct, a study that assesses the impact of Federal policies, including intellectual property policies, on the innovation process for genomic technologies. Requires such study to: (1) identify and quantify the effects of innovation policy on genomic science and technology innovation. (2) consider alternative levels of intellectual property protection genomic materials may receive and the likely impact on each element of the innovation pipeline, and (3) assess the net impact of Federal innovative policies.

To direct the Director of the Office of Science and Technology Policy to conduct a study of the impact of Federal policies on the innovation process for genomic technologies, and for other purposes.

<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Genomic Science and Technology Innovation Act of 2002". <SECTION-HEADER> FINDINGS. The Congress finds the following: Genomic science promises a revolution in the development of new and effective genomic technologies and other innovations, and it is in the national interest to speed the development and deployment of these new technologies through policies that promote innovation in the field of genomic science and technology. While Federal innovation policies can help stimulate innovation by attracting capital investment to the development of commercial products, such policies can also inhibit basic research and hinder sharing of information that is the basis of scientific progress, thereby slowing the innovation process. Intellectual property policies for genomic science and technology products are being implemented without an adequate understanding and consideration of the net impact of such policies on the innovation process. Decisions about intellectual property policy being made now are likely to have significant impacts on basic research and the development of genomic technology for decades to come. The Office of Science and Technology Policy is uniquely positioned to lead the development of a coordinated, interagency policy to promote innovation in genomic science and technology. A definitive study coordinated by the Office of Science and Technology Policy that identifies the impacts of Federal innovation policy on the innovation pipeline for genomic technology and includes recommendations for policies, including any statutory changes needed to optimize the genomic technology innovation pipeline, would contribute significantly to the development of the policy. <SECTION-HEADER> STUDY. Requirement. The Director of the Office of Science and Technology Policy shall conduct, or may contract with the National Academy of Sciences to conduct, a study that assesses the impact of Federal policies, including intellectual property policies, on the innovation process for genomic technologies. Consultation. In conducting the study, the Director of the Office of Science and Technology Policy shall consult with the National Science and Technology Council, the National Science Foundation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Health and Human Services, and other agencies or divisions of agencies the Director considers appropriate. Advisory Committee. In conducting the study, the Director of the Office of Science and Technology Policy shall consult with an advisory committee, organized as a subcommittee of the President's Committee of Advisors on Science and Technology, that shall include balanced membership from research universities and other nonprofit research institutions, industry, economists, legal experts, bioethicists, clinicians and clinical scientists, genetic practitioners, and advocacy groups. Contents. The study shall identify and quantify, to extent possible, the actual and reasonably expected effects of innovation policy on genomic science and technology innovation. Explicitly consider various alternative levels of intellectual property protection genomic materials may receive and the likely impact of the various levels of protection on each element of the innovation pipeline, including fundamental genomic research carried out at universities and other nonprofit research institutions. Commercial genomic research at universities, nonprofit research institutions, and for-profit institutions, including the expected effects on intracompany investment and external private capital. Development of commercial genomic technologies, including the expected effects on investment capital, and access to genomic technologies and processes. And include an assessment of the net impact of Federal innovation policies on innovation for genomic technologies, including an assessment of researchers' access to genomic materials, the rate of innovation, the quality of innovation, the cost of new genomic technologies brought to market. The impact of restricted access to genomic diagnostics on evaluation, improvement, and clinical utilization, the cost and availability of innovative technology. Whether Federal innovation policies create barriers to research through denial of use of a research tool, increased costs of licensing, legal and litigation costs, transaction costs, or the perception of increased legal liability, or hinder the access of researchers to genomic materials and to databases of genomic sequence information. Whether Federal innovation policies affect the choice of area of research conducted by researchers or institutions or provide positive benefits to such research, including additional funding from private sector partners. And the range of incentives providing motivation for genetics research and technology development other than intellectual property protection. <SECTION-HEADER> REPORT. The Director of the Office of Science and Technology Policy shall, within 270 days after the date of the enactment of this Act, transmit a report to Congress that contains the findings of the study conducted under section 3. And makes recommendations for policies, including legislative changes, needed to optimize the genomic technology innovation pipeline. <SECTION-HEADER> COORDINATED POLICY. After the report is transmitted to Congress under section 4, the Director of the Office of Science and Technology Policy shall incorporate the policy recommendations into a coordinated interagency policy to promote innovation in genomic science and technology, including the sound use of intellectual property policy. <SECTION-HEADER> DEFINITIONS. For the purposes of this Act the term "genomic materials" means any material containing a human or human pathogen polynucleotide sequence other than genetic probes and markers and transgenic organisms. The term "genomic technology" means any genetic diagnostic methods or kits, tools, probes, or markers, and any pharmaceutical or therapy that uses or incorporates genomic materials. And the term "innovation policy" includes intellectual property protection and policies.

Genomic Science and Technology Innovation Act of 2002 - Requires the Director of the Office of Science and Technology Policy to conduct, or contract with the National Academy of Sciences to conduct, a study that assesses the impact of Federal policies, including intellectual property policies, on the innovation process for genomic technologies. Requires such study to: (1) identify and quantify the effects of innovation policy on genomic science and technology innovation. (2) consider alternative levels of intellectual property protection genomic materials may receive and the likely impact on each element of the innovation pipeline, and (3) assess the net impact of Federal innovative policies.

To direct the Director of the Office of Science and Technology Policy to conduct a study of the impact of Federal policies on the innovation process for genomic technologies, and for other purposes.

111_hr4393

SECTION 1. FINDINGS. Congress finds the following: (1) Manufacturing Extension Partnership services are available in all 50 States and at 392 locations. (2) The Manufacturing Extension Partnership delivers critical services to small and midsized manufacturers, providing access to public and private resources that enhance growth, improve productivity, and expand capacity. (3) The Manufacturing Extension Partnership helps manufacturers position themselves as strong long-term competitors in domestic and international markets. (4) Of the 7 million jobs lost in the recession as of February 2009, over 2 million were from the manufacturing sector, and the Manufacturing Extension Partnership reported creating or retaining over 57,000 manufacturing jobs in the most recent surveyed year. (5) The Manufacturing Extension Partnership has delivered $1.44 billion in cost savings annually and $10.5 billion in increased or retained sales in a single year. (6) Every dollar contributed by the Federal Government to the Manufacturing Extension Partnership is matched 2-to-1 by State and local governments and participating manufacturers. (7) The recession has strained many State budgets, and 23 State Manufacturing Extension Partnership Centers reported a decrease or elimination of State funding in 2009. (8) When a State decreases or eliminates funding for the Manufacturing Extension Partnership, the cost-share burden is shifted to small manufacturers who are unlikely to be able to afford increased contributions during an economic downturn, and the availability of Manufacturing Extension Partnership services is jeopardized. (9) A reduction in the matching requirement for participants in the Manufacturing Extension Partnership will greatly alleviate the burden on State budgets and small manufacturers and preserve the Manufacturing Extension Partnership's ability to provide critical services to small manufacturers and create much-needed jobs in the manufacturing sector. SEC. 2. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP PROGRAM. Section 25(c) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(c)) is amended-- (1) in paragraph (1), by inserting ``, unless otherwise determined under paragraph (3)(C)'' before the period at the end; (2) in paragraph (3)-- (A) in subparagraph (B)-- (i) by striking ``not less than 50 percent of the costs incurred for the first 3 years and an increasing share for each of the last 3 years'' and inserting ``the applicant's share of the costs incurred (in this subsection referred to as `cost share')''; and (ii) by striking ``For purposes of the preceding sentence, the'' and inserting ``The''; (B) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) The Secretary shall by rule establish appropriate criteria to be considered in determining a Center's cost share. A Center's cost share shall in no case exceed 50 percent of the costs incurred by such Center. The Secretary shall review each Center's cost share annually and at such other times as the Secretary considers appropriate. An adjustment to a Center's cost share in a year shall not affect the amount of Federal funds such Center receives in such year.''; and (D) in subparagraph (D), as redesignated by subparagraph (B)-- (i) by striking ``50 percent'' and inserting ``cost share''; and (ii) by striking ``Center's contribution'' and inserting ``Center's cost share''; and (3) in paragraph (5)-- (A) in the 6th sentence, by striking ``at declining levels''; and (B) in the last sentence-- (i) by striking ``Funding'' and inserting ``Unless otherwise determined under paragraph (3)(C), funding''; and (ii) by striking ``one third'' and inserting ``50 percent''.

Amends the National Institute of Standards and Technology Act to reduce the matching funds requirement for participants in the Hollings Manufacturing Extension Partnership Program from not less than 50 of the costs incurred for the first three years and an increasing share for each of the last three years to no more than 50 of the costs incurred by a participating Regional Center for the Transfer of Manufacturing Technology. Directs the Secretary of Commerce to establish criteria to determine a Center's cost share.

To authorize the Secretary of Commerce to reduce the matching requirement for participants in the Hollings Manufacturing Extension Partnership Program.

<SECTION-HEADER> FINDINGS. Congress finds the following: Manufacturing Extension Partnership services are available in all 50 States and at 392 locations. The Manufacturing Extension Partnership delivers critical services to small and midsized manufacturers, providing access to public and private resources that enhance growth, improve productivity, and expand capacity. The Manufacturing Extension Partnership helps manufacturers position themselves as strong long-term competitors in domestic and international markets. Of the 7 million jobs lost in the recession as of February 2009, over 2 million were from the manufacturing sector, and the Manufacturing Extension Partnership reported creating or retaining over 57,000 manufacturing jobs in the most recent surveyed year. The Manufacturing Extension Partnership has delivered $1.44 billion in cost savings annually and $10.5 billion in increased or retained sales in a single year. Every dollar contributed by the Federal Government to the Manufacturing Extension Partnership is matched 2-to-1 by State and local governments and participating manufacturers. The recession has strained many State budgets, and 23 State Manufacturing Extension Partnership Centers reported a decrease or elimination of State funding in 2009. When a State decreases or eliminates funding for the Manufacturing Extension Partnership, the cost-share burden is shifted to small manufacturers who are unlikely to be able to afford increased contributions during an economic downturn, and the availability of Manufacturing Extension Partnership services is jeopardized. A reduction in the matching requirement for participants in the Manufacturing Extension Partnership will greatly alleviate the burden on State budgets and small manufacturers and preserve the Manufacturing Extension Partnership's ability to provide critical services to small manufacturers and create much-needed jobs in the manufacturing sector. <SECTION-HEADER> HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP PROGRAM. Section 25(c) of the National Institute of Standards and Technology Act (15 USC. 278k(c)) is amended in paragraph (1), by inserting ", unless otherwise determined under paragraph (3)(C)" before the period at the end. In paragraph (3) in subparagraph (B) by striking "not less than 50 percent of the costs incurred for the first 3 years and an increasing share for each of the last 3 years" and inserting "the applicant's share of the costs incurred ". And by striking "For purposes of the preceding sentence, the" and inserting "The". By redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively. By inserting after subparagraph (B) the following new subparagraph: The Secretary shall by rule establish appropriate criteria to be considered in determining a Center's cost share. A Center's cost share shall in no case exceed 50 percent of the costs incurred by such Center. The Secretary shall review each Center's cost share annually and at such other times as the Secretary considers appropriate. An adjustment to a Center's cost share in a year shall not affect the amount of Federal funds such Center receives in such year.". And in subparagraph (D), as redesignated by subparagraph (B) by striking "50 percent" and inserting "cost share", and by striking "Center's contribution" and inserting "Center's cost share". And in paragraph (5) in the 6th sentence, by striking "at declining levels". And in the last sentence by striking "Funding" and inserting "Unless otherwise determined under paragraph (C), funding", and by striking "one third" and inserting "50 percent".

Amends the National Institute of Standards and Technology Act to reduce the matching funds requirement for participants in the Hollings Manufacturing Extension Partnership Program from not less than 50 of the costs incurred for the first three years and an increasing share for each of the last three years to no more than 50 of the costs incurred by a participating Regional Center for the Transfer of Manufacturing Technology. Directs the Secretary of Commerce to establish criteria to determine a Center's cost share.

To authorize the Secretary of Commerce to reduce the matching requirement for participants in the Hollings Manufacturing Extension Partnership Program.

107_hr5473

SECTION 1. CONSENT TO COMPACT. The Congress consents to the SMART Research and Development Compact if that compact is entered into by the State of Delaware, the State of Maryland, the State of New Jersey, and the State of Pennsylvania. The compact reads substantially as follows: ``SMART RESEARCH AND DEVELOPMENT COMPACT ``ARTICLE I. ``The purpose of this compact is to promote the contribution of the Mid-Atlantic region to the Nation's research and development in science and technology, and to create an organization for Strengthening the Mid-Atlantic Region for Tomorrow (hereinafter in this compact referred to as the `Organization'). The purpose of the Organization is to oversee and help facilitate the acquisition of research and development funding, and to enhance the cooperation, formation of partnerships, and sharing of information among businesses, academic institutions, laboratories, and nonprofit entities, within Delaware, Maryland, New Jersey, and Pennsylvania. ``ARTICLE II. ``This compact takes effect upon ratification by the States of Delaware, Maryland, New Jersey, and Pennsylvania, pursuant to the consent of Congress. ``ARTICLE III. ``The States, which are parties to this compact (hereinafter referred to as `party States') do hereby establish and create the Organization as a joint organization which shall be known as the SMART Organization. The leadership of the Organization shall consist of a representative from each party State, appointed as provided by the law of that State. The leadership shall appoint a Blue Ribbon Commission comprised of a representative from each party State from each technological class described in article IV to advise the leadership. The participants in the organization may include any business, academic institution, nonprofit agency or laboratory. ``The leadership of the Organization shall oversee and direct the projects, administration, and policies of the SMART Organization. The Blue Ribbon Commission shall identify goals and new technological developments for the region to pursue and facilitate cooperation among participants. The leadership, Blue Ribbon Commission, and participants in the Organization shall serve without compensation or reimbursement of expenses. The leadership of the Organization shall hold regular quarterly meetings and such special meetings as its business may require. ``The Organization shall adopt such rules and regulations as may be needed. The Organization may hold hearings and conduct studies and surveys to carry out its purpose. The Organization may acquire by gift or otherwise and hold and dispose of such money and property as may be provided for the proper performance of its functions, may cooperate with other public or private groups, whether local, State, regional or national, having an interest in economic development, and may exercise such other powers as may be appropriate to accomplish its functions and duties in connection with the development of the Organization and to carry out the purpose of this compact. ``ARTICLE IV. ``The Organization participants may, and the Blue Ribbon Commission shall, represent and originate from the following technological classes: information technology, sensors, rotorcraft technology, manufacturing technology, nanotechnology, electronics, telecommunications, chemical and biological, biomedical, opto-electric, Materials/Aerospace, and defense systems including directed energy, missile defense, future combat systems, and unmanned aerial vehicles. The SMART Organization may at any time, upon approval by the Organization leadership, designate and assign new representatives for additional technological classes and may at any time remove an existing class from the Organization's activities. ``ARTICLE V. ``The leadership of the Organization shall appoint a full-time paid executive director, who shall be a person familiar with the nature of the procedures and the significance of scientific funding, research and development, economic development, and the informational, educational, and publicity methods of stimulating general interest in such developments. The executive director may appoint the other employees of the Organization and shall be the administrative head of the Organization. The executive director's term of office shall be at the pleasure of the leadership of the Organization. ``ARTICLE VI. ``This compact shall continue in force and remain binding upon each party State until 6 months after the party State gives notice of its intent to withdraw to the other party States.''. SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL. The Congress expressly reserves the right to alter, amend, or repeal this Act. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the SMART Organization such sums as may be necessary to assist the Organization in carrying out its activities, including the funding by the Organization of programs and projects consistent with the purposes of the Organization.

Grants the consent of the Congress to the SMART Research and Development Compact if it is entered into by the States of Delaware, Maryland, New Jersey, and Pennsylvania.

To grant the consent of the Congress to the SMART Research and Development Compact.

<SECTION-HEADER> CONSENT TO COMPACT. The Congress consents to the SMART Research and Development Compact if that compact is entered into by the State of Delaware, the State of Maryland, the State of New Jersey, and the State of Pennsylvania. The compact reads substantially as follows: "SMART RESEARCH AND DEVELOPMENT COMPACT "ARTICLE I. "The purpose of this compact is to promote the contribution of the Mid-Atlantic region to the Nation's research and development in science and technology, and to create an organization for Strengthening the Mid-Atlantic Region for Tomorrow . The purpose of the Organization is to oversee and help facilitate the acquisition of research and development funding, and to enhance the cooperation, formation of partnerships, and sharing of information among businesses, academic institutions, laboratories, and nonprofit entities, within Delaware, Maryland, New Jersey, and Pennsylvania. "ARTICLE II. "This compact takes effect upon ratification by the States of Delaware, Maryland, New Jersey, and Pennsylvania, pursuant to the consent of Congress. "ARTICLE III. "The States, which are parties to this compact do hereby establish and create the Organization as a joint organization which shall be known as the SMART Organization. The leadership of the Organization shall consist of a representative from each party State, appointed as provided by the law of that State. The leadership shall appoint a Blue Ribbon Commission comprised of a representative from each party State from each technological class described in article IV to advise the leadership. The participants in the organization may include any business, academic institution, nonprofit agency or laboratory. "The leadership of the Organization shall oversee and direct the projects, administration, and policies of the SMART Organization. The Blue Ribbon Commission shall identify goals and new technological developments for the region to pursue and facilitate cooperation among participants. The leadership, Blue Ribbon Commission, and participants in the Organization shall serve without compensation or reimbursement of expenses. The leadership of the Organization shall hold regular quarterly meetings and such special meetings as its business may require. "The Organization shall adopt such rules and regulations as may be needed. The Organization may hold hearings and conduct studies and surveys to carry out its purpose. The Organization may acquire by gift or otherwise and hold and dispose of such money and property as may be provided for the proper performance of its functions, may cooperate with other public or private groups, whether local, State, regional or national, having an interest in economic development, and may exercise such other powers as may be appropriate to accomplish its functions and duties in connection with the development of the Organization and to carry out the purpose of this compact. "ARTICLE IV. "The Organization participants may, and the Blue Ribbon Commission shall, represent and originate from the following technological classes: information technology, sensors, rotorcraft technology, manufacturing technology, nanotechnology, electronics, telecommunications, chemical and biological, biomedical, opto-electric, MaterialsAerospace, and defense systems including directed energy, missile defense, future combat systems, and unmanned aerial vehicles. The SMART Organization may at any time, upon approval by the Organization leadership, designate and assign new representatives for additional technological classes and may at any time remove an existing class from the Organization's activities. "ARTICLE V. "The leadership of the Organization shall appoint a full-time paid executive director, who shall be a person familiar with the nature of the procedures and the significance of scientific funding, research and development, economic development, and the informational, educational, and publicity methods of stimulating general interest in such developments. The executive director may appoint the other employees of the Organization and shall be the administrative head of the Organization. The executive director's term of office shall be at the pleasure of the leadership of the Organization. "ARTICLE VI. "This compact shall continue in force and remain binding upon each party State until 6 months after the party State gives notice of its intent to withdraw to the other party States.". <SECTION-HEADER> RIGHT TO ALTER, AMEND, OR REPEAL. The Congress expressly reserves the right to alter, amend, or repeal this Act. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the SMART Organization such sums as may be necessary to assist the Organization in carrying out its activities, including the funding by the Organization of programs and projects consistent with the purposes of the Organization.

Grants the consent of the Congress to the SMART Research and Development Compact if it is entered into by the States of Delaware, Maryland, New Jersey, and Pennsylvania.

To grant the consent of the Congress to the SMART Research and Development Compact.