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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Get the Lead Out of Schools Act''.
SEC. 2. SCHOOL TESTING AND NOTIFICATION; GRANT PROGRAM.
Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is
amended by adding at the end the following:
``(e) Testing and Notification Requirements for Public Water
Systems That Serve Schools.--Not later than 1 year after the date of
enactment of this subsection, the Administrator shall promulgate a
national primary drinking water regulation for school drinking water
that--
``(1) establishes a lead action level that is not less than
the lead action level established by the Administrator under
section 1412(b);
``(2) requires each public water system to sample for lead
in the drinking water at such schools as the Administrator
determines to have a risk of lead in the drinking water at a
level that meets or exceeds the lead action level established
under paragraph (1); and
``(3) in the case of results of sampling under paragraph
(2) that indicate that the drinking water of a school contains
lead that meets or exceeds the lead action level established
under paragraph (1), requires the public water system that
serves the school to notify the local educational agency that
has jurisdiction over the school, the relevant local health
agencies, the municipality, and the State as soon as
practicable, but not later than 5 business days after the date
on which the public water system receives the sampling results.
``(f) School Lead Testing and Remediation Grant Program.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means--
``(A) a local educational agency (as defined in
subsection (d)(1)); or
``(B) a State agency that administers a statewide
program to test for, or remediate, lead contamination
in drinking water.
``(2) Grants authorized.--Not later than 1 year after the
date of enactment of this subsection, the Administrator shall
establish a grant program to make grants available to eligible
entities to test for, and remediate, lead contamination in
school drinking water.
``(3) Use of funds.--
``(A) In general.--An eligible entity that receives
a grant under this subsection may use grant funds--
``(i) to recover the costs incurred by the
eligible entity for testing for lead
contamination in school drinking water
conducted by an entity approved by the
Administrator or the State to conduct the
testing; or
``(ii) to replace lead pipes, pipe
fittings, plumbing fittings, and fixtures of
any school with drinking water that contains a
level of lead that meets or exceeds the action
level established by the Administrator under
subsection (e)(1) with lead free (as defined in
section 1417) pipes, pipe fittings, plumbing
fittings, and fixtures.
``(B) Limitation.--Not more than 5 percent of grant
funds accepted under this subsection shall be used to
pay the administrative costs of testing for, or
remediation of, lead contamination.
``(4) Guidance; public availability.--As a condition of
receiving a grant under this subsection, an eligible entity
shall--
``(A) expend grant funds in accordance with--
``(i) the guidance of the Environmental
Protection Agency entitled `3Ts for Reducing
Lead in Drinking Water in Schools: Revised
Technical Guidance' and dated October 2006 (or
any successor guidance); or
``(ii) applicable State regulations or
guidance regarding the reduction of lead in
drinking water in schools that is not less
stringent than the guidance referred to in
clause (i), as determined by the Administrator;
``(B) make publicly available, including, to the
maximum extent practicable, on the Internet website of
the eligible entity, a copy of the results of any
testing for lead contamination in school drinking water
that is carried out with funds under this subsection;
and
``(C) notify parent, teacher, and employee
organizations of the availability of the results
described in subparagraph (B).''. | Get the Lead Out of Schools Act This bill amends the Safe Drinking Water Act to require the Environmental Protection Agency (EPA) to promulgate a national primary drinking water regulation for schools and day care facilities that: (1) establishes a lead action level (a level of lead in drinking water that triggers additional actions to control lead contamination) of at least 15 parts per billion; (2) directs each public water system to sample for lead in the drinking water at schools and day care facilities if the EPA determines there is a risk that the lead in the drinking water will meet or exceed the action level; and (3) directs public water systems that serve schools or day cares that meet or exceed the action level to notify the local educational agency, the relevant local health agencies, the municipality, and the state as soon as practicable, but no later than five business days after the system receives the sampling results. The EPA must also establish a grant program for: (1) testing drinking water in schools and day care facilities for lead contamination, and (2) remediating lead contamination in such drinking water by replacing lead pipes and certain plumbing materials with lead-free material. | Get the Lead Out of Schools Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Headquarters Consolidation Accountability Act of 2015''.
SEC. 2. INFORMATION ON DEPARTMENT OF HOMELAND SECURITY HEADQUARTERS
CONSOLIDATION PROJECT.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary, in coordination with the
Administrator, shall submit to the appropriate committees of Congress
information on the implementation of the enhanced plan for the
Department headquarters consolidation project within the National
Capital Region, approved by the Office of Management and Budget and
included in the budget of the President for fiscal year 2016 (as
submitted to Congress under section 1105(a) of title 31, United States
Code), that includes the following:
(1) A proposed occupancy plan for the consolidation project
that includes specific information about which Department-wide
operations, component operations, and support offices will be
located at the site, the aggregate number of full time equivalent
employees projected to occupy the site, the seat-to-staff ratio at
the site, and schedule estimates for migrating operations to the
site.
(2) A comprehensive assessment of the difference between the
current real property and facilities needed by the Department in
the National Capital Region in order to carry out the mission of
the Department and the future needs of the Department.
(3) A current plan for construction of the headquarters
consolidation at the St. Elizabeths campus that includes--
(A) the estimated costs and schedule for the current plan,
which shall conform to relevant Federal guidance for cost and
schedule estimates, consistent with the recommendation of the
Government Accountability Office in the September 2014 report
entitled ``Federal Real Property: DHS and GSA Need to
Strengthen the Management of DHS Headquarters Consolidation''
(GAO-14-648); and
(B) any estimated cost savings associated with reducing the
scope of the consolidation project and increasing the use of
existing capacity developed under the project.
(4) A current plan for the leased portfolio of the Department
in the National Capital Region that includes--
(A) an end-state vision that identifies which Department-
wide operations, component operations, and support offices do
not migrate to the St. Elizabeths campus and continue to
operate at a property in the leased portfolio;
(B) for each year until the consolidation project is
completed, the number of full-time equivalent employees who are
expected to operate at each property, component, or office;
(C) the anticipated total rentable square feet leased per
year during the period beginning on the date of enactment of
this Act and ending on the date on which the consolidation
project is completed; and
(D) timing and anticipated lease terms for leased space
under the plan referred to in paragraph (3).
(5) An analysis that identifies the costs and benefits of
leasing and construction alternatives for the remainder of the
consolidation project that includes--
(A) a comparison of the long-term cost that would result
from leasing as compared to consolidating functions on
Government-owned space; and
(B) the identification of any cost impacts in terms of
premiums for short-term lease extensions or holdovers due to
the uncertainty of funding for, or delays in, completing
construction required for the consolidation.
(b) Comptroller General Review.--
(1) Review required.--The Comptroller General of the United
States shall review the cost and schedule estimates submitted under
subsection (a) to evaluate the quality and reliability of the
estimates.
(2) Assessment.--Not later than 90 days after the submittal of
the cost and schedule estimates under subsection (a), the
Comptroller General shall report to the appropriate committees of
Congress on the results of the review required under paragraph (1).
(c) Definitions.--In this Act:
(1) The term ``Administrator'' means the Administrator of
General Services.
(2) The term ``appropriate committees of Congress'' means the
Committee on Homeland Security and the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
(3) The term ``Department'' means the Department of Homeland
Security.
(4) The term ``National Capital Region'' has the meaning given
the term under section 2674(f)(2) of title 10, United States Code.
(5) The term ``Secretary'' means the Secretary of Homeland
Security.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was reported to the Senate on March 14, 2016. Department of Homeland Security Headquarters Consolidation Accountability Act of 2015 (Sec. 2) This bill directs the Department of Homeland Security (DHS), in coordination with the General Services Administration (GSA), to submit information on the implementation of the enhanced plan for the DHS headquarters consolidation project within the National Capital Region, approved by the Office of Management and Budget and included in the budget of the President for FY2016, that includes: a proposed occupancy plan that includes specific information about which DHS-wide operations, component operations, and support offices will be located at the site, the aggregate number of full time equivalent employees projected to occupy the site, the seat-to-staff ratio at the site, and schedule estimates for migrating operations to the site; a comprehensive assessment of the difference between the current real property and facilities needed by DHS in the Region to carry out its mission and its future needs; an analysis of the difference between the current and needed capital assets and facilities of DHS; a current plan for construction of the headquarters consolidation at the St. Elizabeths campus that includes the estimated costs and schedule for the current plan and any estimated cost savings associated with reducing the scope of the project and increasing the use of existing capacity developed under the project; a current plan for the leased portfolio of DHS in the Region that includes an end-state vision that identifies which DHS-wide operations, component operations, and support offices do not migrate to the St. Elizabeths campus and continue to operate at a property in the leased portfolio, the number of full-time equivalent employees who are expected to operate at each property, component, or office for each year until the consolidation project is completed, the anticipated total rentable square feet leased per year between the date of this Act's enactment and the date on which the consolidation project is completed, and the timing and anticipated lease terms for leased space; and an analysis that identifies the costs and benefits of leasing and construction alternatives for the remainder of the consolidation project, including a comparison of the long-term cost that would result from leasing to the cost of consolidating functions on government-owned space and the identification of any cost impacts in terms of premiums for short-term lease extensions or holdovers due to the uncertainty of funding for, or delays in, completing construction required for the consolidation. The bill directs the Government Accountability Office to evaluate the quality and reliability of the cost and schedule estimates submitted and report on the results. | Department of Homeland Security Headquarters Consolidation Accountability Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Care for Seniors Act of
2015''.
SEC. 2. IMPROVEMENTS TO MA RISK ADJUSTMENT SYSTEM.
Section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395w-
23(a)(1)(C)) is amended by adding at the end the following new clauses:
``(iv) Evaluation and subsequent revision
of the risk adjustment system to account for
chronic conditions and other factors for the
purpose of making the risk adjustment system
more accurate, transparent, and regularly
updated.--
``(I) Revision based on number of
chronic conditions.--The Secretary
shall revise for 2017 and periodically
thereafter, the risk adjustment system
under this subparagraph so that a risk
score under such system, with respect
to an individual, takes into account
the number of chronic conditions with
which the individual has been
diagnosed.
``(II) Evaluation of different risk
adjustment models.--The Secretary shall
evaluate the impact of including two
years of data to compare the models
used to determine risk scores for 2013
and 2014 under such system.
``(III) Evaluation and analysis on
chronic kidney disease (ckd) codes.--
The Secretary shall evaluate the impact
of removing the diagnosis codes related
to chronic kidney disease in the 2014
risk adjustment model and conduct an
analysis of best practices of MA plans
to slow disease progression related to
chronic kidney disease.
``(IV) Evaluation and
recommendations on use of encounter
data.--The Secretary shall evaluate the
impact of including 10 percent of
encounter data in computing payment for
2016 and the readiness of the Centers
for Medicare & Medicaid Services to
incorporate encounter data in risk
scores. In conducting such evaluation,
the Secretary shall use data collected
as encounter data on or after January
1, 2012, shall conduct statistical
analyses on such data for accuracy and
completeness and issue recommendations
for improving such accuracy and
completeness, and shall not increase
the percentage of such encounter data
used unless the Secretary releases the
results of the analyses publicly,
indicates how such data will be
weighted in computing the risk scores,
and ensures that the data reflects the
degree and cost of care coordination
under MA plans.
``(V) Conduct of evaluations.--
Evaluations and analyses under
subclauses (II) through (IV) shall
include an actuarial opinion from the
Chief Actuary of the Centers for
Medicare & Medicaid Services about the
reasonableness of the methods,
assumptions, and conclusions of such
evaluations and analyses. The Secretary
shall consult with the Medicare Payment
Advisory Commission and accept and
consider comments of stakeholders, such
as managed care organizations and
beneficiary groups, on such evaluation
and analyses. The Secretary shall
complete such evaluations and analyses
in a manner that permits the results to
be applied for plan years beginning
with the second plan year that begins
after the date of the enactment of this
clause.
``(VI) Implementation of revisions
based on evaluations.--If the Secretary
determines, based on such an evaluation
or analysis, that revisions to the risk
adjustment system to address the
matters described in any of subclauses
(II) through (IV) would make the risk
adjustment system under this
subparagraph better reflect and
appropriately weight for the population
that is served by the plan, the
Secretary shall, beginning with 2017,
and periodically thereafter, make such
revisions.
``(VII) Periodic reporting to
congress.--With respect to plan years
beginning with 2017 and every third
year thereafter, the Secretary shall
submit to Congress a report on the most
recent revisions (if any) made under
this clause, including the evaluations
conducted under subclauses (II) through
(IV).
``(v) No changes to adjustment factors that
prevent activities consistent with national
health policy goals.--In making any changes to
the adjustment factors, including adjustment
for health status under paragraph (3), the
Secretary shall ensure that the changes do not
prevent Medicare Advantage organizations from
performing or undertaking activities that are
consistent with national health policy goals,
including activities to promote early detection
and better care coordination, the use of health
risk assessments, care plans, and programs to
slow the progression of chronic diseases.
``(vi) Opportunity for review and public
comment regarding changes to adjustment
factors.--For changes to adjustment factors
effective for 2017 and subsequent years, in
addition to providing notice of such changes in
the announcement under subsection (b)(2), the
Secretary shall provide an opportunity for
review of proposed changes of not less than 60
days and a public comment period of not less
than 30 days before implementing such
changes.''.
SEC. 3. SENSE OF CONGRESS RELATING TO MEDICARE ADVANTAGE RISK
ADJUSTMENT.
It is the sense of Congress that--
(1) the Secretary of Health and Human Services should
periodically monitor and improve the Medicare Advantage risk
adjustment model to ensure that it accurately accounts for
beneficiary risk, including for those individuals with complex
chronic comorbid conditions;
(2) the Secretary should closely examine the current
Medicare Advantage risk adjustment methodology to ensure that
plans enrolling beneficiaries with the greatest health care
needs receive adequate reimbursement to deliver high-quality
care and other services to help beneficiaries avoid costly
complications and further progression of chronic conditions and
to the extent data indicate this to be the case, the Secretary
should make necessary adjustment to the risk adjustment
methodology; and
(3) the Secretary should reconsider the implementation of
changes in the Medicare Advantage risk adjustment methodology
finalized for 2016 and to use to the extent appropriate the
methodology finalized in 2015 for one additional year. | Securing Care for Seniors Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to require the Centers for Medicare & Medicaid Services (CMS) to periodically revise the Medicare Advantage (MA) risk adjustment system, such that an individual's risk score takes into account the number of chronic conditions with which the individual has been diagnosed. In addition, CMS must evaluate the impacts to the system of: (1) using two years of data, (2) removing diagnostic codes related to chronic kidney disease, and (3) modifying the use of encounter data (information on services furnished to MA enrollees). If CMS subsequently determines that any of these revisions would better reflect the population served, CMS shall make such revisions. Before doing so, however, CMS must: (1) ensure that the changes do not prevent an MA organization from performing activities that are consistent with national health policy goals, and (2) provide an opportunity for review and public comment. | Securing Care for Seniors Act of 2015 |
SECTION 1. FINDINGS.
Congress finds as follows:
(1) Since 1935, the United States has owned a parcel of
land in Riverside, California, consisting of approximately 9.5
acres, more specifically described in section 2(a) (in this
section referred to as the ``property'').
(2) The property is administered by the Department of
Agriculture and has been variously used for research and plant
materials purposes.
(3) Since 1998, the property has been administered by the
Natural Resources Conservation Service.
(4) Since 2002, the property has been co-managed under a
cooperative agreement between the Natural Resources
Conservation Service and the Riverside Corona Resource
Conservation District, which is a legal subdivision of the
State of California under section 9003 of the California Public
Resources Code.
(5) The Conservation District wishes to acquire the
property and use it for conservation, environmental, and
related educational purposes.
(6) As provided in this Act, the conveyance of the property
to the Conservation District would promote the Conservation
District's conservation education and related purposes and
result in savings to the Federal Government.
SEC. 2. LAND CONVEYANCE, NATURAL RESOURCES CONSERVATION SERVICE
PROPERTY, RIVERSIDE COUNTY, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of Agriculture shall
convey and quitclaim to the Riverside Corona Resource Conservation
District (in this section referred to as the ``Conservation District'')
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, that is located at
4500 Glenwood Drive in Riverside, California, consists of approximately
9.5 acres, and is administered by the Natural Resources Conservation
Service of the Department of Agriculture. As necessary or desirable for
the conveyance under this subsection, the Secretary or the Conservation
District may survey all or portions of the property to be conveyed.
(b) Consideration.--
(1) Value in use.--Subject to paragraph (2), the
Conservation District shall pay to the Secretary an amount
equal to the value in use of the property to be conveyed under
subsection (a) as consideration for the conveyance of the
property.
(2) Required reductions.--The amount otherwise determined
under paragraph (1) shall be reduced by--
(A) the value of the improvements on the property
provided for by non-Federal sources; and
(B) the amount of any rental rate abatements
negotiated and agreed to by the Secretary for the
continued use of the property by the Department during
the 10-year period beginning upon the conveyance of the
property.
(c) Deposit and Use of Consideration.--The amounts received as
consideration under subsection (b) shall be credited to the applicable
appropriation of the Natural Resources Conservation Service for
conservation operations in California and shall remain available,
without further appropriation, until expended as the Secretary may
direct.
(d) Prohibition on Reservation of Interest.--The Secretary shall
not reserve any future interest in the property to be conveyed under
subsection (a), except that which may be acceptable to the Conservation
District.
(e) Hazardous Substances.--Notwithstanding section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)) or the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.), in the conveyance of the property under subsection (a),
the Secretary shall be only required to meet the disclosure
requirements for hazardous substances, pollutants, or contaminants, but
shall otherwise not be required to remediate or abate any such releases
of hazardous substances, pollutants, or contaminants, including
petroleum and petroleum derivatives.
(f) Cooperative Authority.--
(1) Leases, contracts, and cooperative agreements
authorized.--In conjunction with, or in addition to, the
conveyance under subsection (a), the Secretary may enter into
leases, contracts and cooperative agreements with the
Conservation District.
(2) Sole source.--Notwithstanding sections 3105, 3301, and
3303 to 3305 of title 41, United States Code, or any other
provision of law, the Secretary may lease real property from
the Conservation District on a noncompetitive basis.
(3) Non-exclusive authority.--The authority provided by
this subsection is in addition to any other authority of the
Secretary.
(g) Additional Terms and Conditions.--The Secretary may require
such reasonable terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States, except that the conveyance does not
require further administrative or environmental analyses or
examination. | Directs the Secretary of Agriculture (USDA) to convey and quitclaim all interest of the United States in and to a parcel of real property, including improvements, located at 4500 Glenwood Drive in Riverside, California, and administered by the Natural Resources Conservation Service, to the Riverside Corona Resource Conservation District. | To provide for the conveyance of a small parcel of Natural Resources Conservation Service property in Riverside, California, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Identity Theft Prevention
Act of 2010''.
SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON
MEDICARE CARDS.
(a) In General.--Section 205(c)(2)(C) of the Social Security Act
(42 U.S.C. 405(c)(2)(C)), as amended by section 1414(a)(2) of the
Patient Protection and Affordable Care Act (Public Law 111-148), is
amended by adding at the end the following new clause:
``(xi) The Secretary of Health and Human Services, in consultation
with the Commissioner of Social Security, shall establish cost-
effective procedures to ensure that a social security account number
(or any derivative thereof) is not displayed, coded, or embedded on the
Medicare card issued to an individual who is entitled to benefits under
part A of title XVIII or enrolled under part B of title XVIII and that
any other identifier displayed on such card is easily identifiable as
not being the social security account number (or a derivative
thereof).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to Medicare cards issued on and after an
effective date specified by the Secretary of Health and Human
Services, but in no case shall such effective date be later
than the date that is 24 months after the date adequate funding
is provided pursuant to subsection (d)(2).
(2) Reissuance.--Subject to subsection (d)(2), in the case
of individuals who have been issued such cards before such
date, the Secretary of Health and Human Services--
(A) shall provide for the reissuance for such
individuals of such a card that complies with such
amendment not later than 3 years after the effective
date specified under paragraph (1); and
(B) may permit such individuals to apply for the
reissuance of such a card that complies with such
amendment before the date of reissuance otherwise
provided under subparagraph (A) in such exceptional
circumstances as the Secretary may specify.
(c) Outreach Program.--Subject to subsection (d)(2), the Secretary
of Health and Human Services, in consultation with the Commissioner of
Social Security, shall conduct an outreach program to Medicare
beneficiaries and providers about the new Medicare card provided under
this section.
(d) Report to Congress and Limitations on Effective Date.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Health and Human
Services, acting through the Administrator of the Centers for
Medicare & Medicaid Services and in consultation with the
Commissioner of Social Security, shall submit to Congress a
report that includes detailed options regarding the
implementation of this section, including line-item estimates
of and justifications for the costs associated with such
options and estimates of timeframes for each stage of
implementation. In recommending such options, the Secretary
shall take into consideration, among other factors, cost-
effectiveness and beneficiary outreach and education.
(2) Limitation; modification of deadlines.--With respect to
the amendment made by subsection (a), and the requirements of
subsections (b) and (c)--
(A) such amendment and requirements shall not apply
until adequate funding is appropriated pursuant to
paragraph (3) to implement the provisions of this
section, as determined by Congress; and
(B) any deadlines otherwise established under this
section for such amendment and requirements are
contingent upon the receipt of adequate funding (as
determined in subparagraph (A)) for such
implementation.
The previous sentence shall not affect the timely submission of
the report required under paragraph (1).
(3) Authorization of appropriations.--
(A) In general.--In addition to any amounts made
available to the Secretary of Health and Human Services
for the Program Management Account of the Centers for
Medicare & Medicaid Services for administrative
expenses and to the Commissioner of Social Security for
administrative expenses, and subject to subparagraph
(B), taking into consideration the report submitted
under paragraph (1), there are authorized to be
appropriated such sums as are necessary to carry out
the previous subsections of this section, including
section 205(c)(2)(C)(xi) of the Social Security Act, as
added by subsection (a), for each of the five fiscal
years beginning after the date of submittal of the
report under paragraph (1).
(B) Limitation.--Such funds are not authorized to
be appropriated until after receipt of the report
provided under paragraph (1). | Medicare Identity Theft Prevention Act of 2010 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish cost-effective procedures to ensure that: (1) a Social Security account number (or any derivative) is not displayed, coded, or embedded on the Medicare card issued to an individual entitled to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act or enrolled under Medicare part B (Supplementary Medical Insurance); and (2) any other identifier displayed on such card is easily identifiable as not being the Social Security account number (or a derivative). | To amend title II of the Social Security Act to prohibit the inclusion of Social Security account numbers on Medicare cards. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Detection Canine Augmentation Act
of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Detection canines are an important part of a layered
homeland security system to prepare for, respond to, mitigate
against, and prevent acts of terrorism.
(2) Detection canines can be deployed quickly and can move
easily throughout a variety of areas, including mass transit
systems, airports, cargo areas, sea ports, the Nation's
borders, ports of entry, office buildings, and stadiums.
(3) Detection canines can be trained to detect a variety of
items, such as explosives, narcotics, concealed humans, and
cadavers.
(4) Detection canines can be utilized in situations where
detection technologies are unavailable, immobile, or not cost-
effective.
(5) There is a shortage of detection canines available to
assist Federal, State, and local law enforcement personnel as
they put their lives at risk daily to protect the Nation.
(6) The Congress has authorized 2,000 new Border Patrol
agents for each of the next 5 years without a corresponding
increase in the number of detection canines deployed with these
Border Patrol agents.
(7) Detection canines have been deployed to the Nation's
busiest airports. However, the Transportation Security
Administration must increase the capacity of its canine
training program in order to train and deploy canines to the
Nation's mass transit systems.
(8) Urban search and rescue canines and cadaver detection
canines were used effectively in the Gulf Coast region to
respond to Hurricanes Katrina and Rita.
(9) The Bureau of United States Customs and Border
Protection, the United States Secret Service, the Coast Guard,
and the Federal Protective Service regularly use detection
canines to secure National Special Security Events, protect
Federal buildings and their occupants, and protect the Nation's
sea ports.
(10) The Subcommittee on Management, Integration, and
Oversight of the Committee on Homeland Security of the House of
Representatives held a hearing on September 28, 2005, regarding
the use of detection canines in support of homeland security
activities. At the hearing, Subcommittee Members were informed
by several Federal agencies, a local transit police department,
a private canine security company, and a university-based
canine training center that there is a shortage of trained
detection canines.
SEC. 3. INCREASING THE NUMBER OF TRAINED DETECTION CANINES.
In each of fiscal years 2007 through 2011, the Secretary of
Homeland Security shall, subject to the availability of appropriations
for such purpose, increase the number of trained detection canines as
follows:
(1) Customs and border protection.--Increase by not less
than 25 percent the number of trained canine detection teams
deployed at and between the Nation's ports of entry.
(2) Transportation security administration.--Increase by
not less than 25 percent the number of trained detection
canines deployed at the Nation's airports and mass transit
systems.
(3) Coast guard, united states secret service, federal
protective service, and federal emergency management agency.--
Increase by not less than 25 percent the number of trained
detection canine teams available to Coast Guard stations,
Secret Service operations, and Federal Protective Service
operations across the country, and to the Federal Emergency
Management Agency to ensure their availability as needed in
emergencies.
SEC. 4. COORDINATION AND ENHANCEMENT OF CANINE TRAINING PROGRAMS.
(a) In General.--The Secretary of Homeland Security shall--
(1) fully coordinate the Department of Homeland Security's
canine training programs that support the Department's counter-
terrorism, counter-smuggling, transportation security, border
security, and other missions, including with respect to the
research and development of new training methods;
(2) ensure that the Department is maximizing its use of
existing training facilities and resources to train canines
throughout the year; and
(3) consider ways to use detection canines trained by other
Federal agencies, non-profit organizations, universities, and
private training facilities in order to increase the number of
trained detection canines available to Federal, State, and
local law enforcement agencies.
(b) Report.--The Secretary shall report to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate within 120
days after the date of the enactment of this Act regarding the
Department's plan to coordinate and consolidate its canine training
programs. The report shall include how the Department will increase
coordination with other Federal agencies, such as the Bureau of
Alcohol, Tobacco, Firearms and Explosives in the Department of Justice,
that operate canine training programs.
SEC. 5. CANINE PROCUREMENT.
The Secretary of Homeland Security shall--
(1) make it a priority to increase the number of
domestically bred canines used by the Department of Homeland
Security to assist in its counter-terrorism mission, including
the protection of ports of entry and along the United States
border; and
(2) consult with other Federal agencies that use canines
and the Office of Management and Budget to encourage domestic
breeding of canines and consolidate canine procurement, where
possible, across the Federal Government to reduce the cost of
purchasing canines. | Detection Canine Augmentation Act of 2005 - Directs the Secretary of Homeland Security to increase the number of trained detection canines at specified federal agencies.
Directs the Secretary to: (1) coordinate fully the Department of Homeland Security's canine training programs that support its counter-terrorism, counter-smuggling, transporation security, border security, and other missions; (2) ensure that the Department is maximizing its use of existing training facilities and resources to train canines throughout the year; and (3) consider ways to use detection canines trained by other federal agencies, non-profit organizations, universities, and private training facilities in order to increase the number of trained detection canines available to federal, state, and local law enforcement agencies.
Directs the Secretary to: (1) make it a priority to increase the number of domestically bred canines used to assist in the Department's counter-terrorism mission; and (2) consult with other federal agencies that use canines and the Office of Management and Budget to encourage domestic breeding of canines, and consolidate canine procurement, where possible, across the federal government to reduce the cost of purchasing canines. | To increase the number of trained detection canines of the Department of Homeland Security, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Devil's Staircase Wilderness Act of
2009''.
SEC. 2. DESIGNATION OF WILDERNESS AREA, DEVIL'S STAIRCASE WILDERNESS,
OREGON.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the Federal land in the State of Oregon
administered by the Forest Service and the Bureau of Land Management,
comprising approximately 30,520 acres, as generally depicted on the map
titled ``Devil's Staircase Wilderness Proposal'', dated October 26,
2009, are designated as a wilderness area for inclusion in the National
Wilderness Preservation System and to be known as the ``Devil's
Staircase Wilderness''.
(b) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall file with the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a map and legal
description of wilderness area designated by subsection (a). The map
and legal description shall have the same force and effect as if
included in this Act, except that the Secretary may correct clerical
and typographical errors in the map and description. In the case of any
discrepancy between the acreage specified in subsection (a) and the
map, the map shall control. The map and legal description shall be on
file and available for public inspection in the Office of the Chief of
the Forest Service.
SEC. 3. ADMINISTRATION.
(a) In General.--Subject to valid existing rights, the Devil's
Staircase Wilderness Area shall be administered by the Secretaries of
Agriculture and the Interior, in accordance with the Wilderness Act and
the Oregon Wilderness Act of 1984, except that, with respect to the
wilderness area, any reference in the Wilderness Act to the effective
date of that Act shall be deemed to be a reference to the date of the
enactment of this Act.
(b) Forest Service Roads.--As provided in section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary of Agriculture
shall--
(1) decommission any National Forest System road within the
wilderness boundaries; and
(2) convert Forest Service Road 4100 within the wilderness
boundary to a trail for primitive recreational use.
SEC. 4. INCORPORATION OF ACQUIRED LAND AND INTERESTS.
Any land within the boundary of the wilderness area designated by
this Act that is acquired by the United States shall--
(1) become part of the Devil's Staircase Wilderness Area;
and
(2) be managed in accordance with this Act and any other
applicable law.
SEC. 5. FISH AND WILDLIFE.
Nothing in this Act shall be construed as affecting the
jurisdiction or responsibilities of the State of Oregon with respect to
wildlife and fish in the national forests.
SEC. 6. BUFFER ZONES.
(a) In General.--As provided in the Oregon Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98-328), Congress does not intend for
designation of the wilderness area under this Act to lead to the
creation of protective perimeters or buffer zones around the wilderness
area.
(b) Activities or Uses up to Boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from within a
wilderness area shall not, of itself, preclude the activities or uses
up to the boundary of the wilderness area.
SEC. 7. WITHDRAWAL.
Subject to valid rights in existence on the date of enactment of
this Act, the Federal land designated as wilderness area by this Act is
withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 8. PROTECTION OF TRIBAL RIGHTS.
Nothing in this Act shall be construed to diminish--
(1) the existing rights of any Indian tribe; or
(2) tribal rights regarding access to Federal lands for
tribal activities, including spiritual, cultural, and
traditional food gathering activities.
SEC. 9. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN
CREEK, OREGON.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by inserting the following paragraphs:
``(__) Franklin creek, oregon.--The 4.5-mile segment from
the headwaters to the private land boundary in section 8 to be
administered by the Secretary of Agriculture as a wild river.
``(__) Wasson creek, oregon.--
``(A) The 4.2-mile segment from the eastern edge of
section 17 downstream to the boundary of sections 11
and 12 to be administered by the Secretary of Interior
as a wild river.
``(B) The 5.9-mile segment downstream from the
boundary of sections 11 and 12 to the private land
boundary in section 22 to be administered by the
Secretary of Agriculture as a wild river.''. | Devil's Staircase Wilderness Act of 2009 - Designates certain federal land in Oregon as the Devil's Staircase Wilderness and as a wilderness area for inclusion in the National Wilderness Preservation System.
Requires the Devil's Staircase Wilderness Area to be administered by the Secretaries of Agriculture and the Interior, subject to valid existing rights.
Requires the Secretary of Agriculture to decommission any National Forest System road within the wilderness boundaries and to convert Forest Service Road 4100 to a trail for primitive recreational use.
Deems land acquired by the United States within the boundary of the Wilderness Area as part of the Devil's Staircase Wilderness.
Specifies this Act's effect on fish and wildlife, buffer zones, and tribal rights.
Withdraws the federal land designated as a wilderness area by this Act from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Amends the Wild and Scenic Rivers Act to designate Franklin and Wasson Creeks in Oregon as wild rivers and as components of the Wild and Scenic Rivers System. | To provide for the designation of the Devil's Staircase Wilderness Area in the State of Oregon, to designate segments of Wasson and Franklin Creeks in the State of Oregon as wild or recreation rivers, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Premier Certified Lenders Program
Improvement Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Premier Certified Lenders Program (PCLP)
established under section 508 of the Small Business Investment
Act of 1958 (15 U.S.C. 697e) has been very successful in
helping small businesses expand.
(2) Increasing the number of premier certified lenders will
allow the Government to make available more resources to small
businesses even as the Small Business Administration downsizes.
(3) The PCLP requires premier certified lenders to set
aside unnecessarily large amounts in loss reserve accounts.
(4) Requiring premier certified lenders to maintain
unnecessarily large loss reserve accounts is inefficient and
limits the ability of lenders to serve additional small
businesses and of new lenders to join the PCLP.
(5) Premier certified lenders should be required to
maintain loss reserve accounts in amounts commensurate with the
risk of loss associated with the PCLP loan portfolio of the
lender.
(6) Changing the PCLP to require that premier certified
lenders maintain loss reserve accounts in amounts which reflect
the risk of loss associated with the loans of the PCLP will
protect taxpayers and improve the ability of the PCLP to help
small businesses create economic development.
SEC. 3. ALTERNATIVE LOSS RESERVE FOR CERTAIN PREMIER CERTIFIED LENDERS.
(a) In General.--Section 508(c) of the Small Business Investment
Act of 1958 (15 U.S.C. 697e(c)) is amended by adding at the end the
following new paragraph:
``(7) Alternative loss reserve.--
``(A) Election.--With respect to any calendar
quarter, any qualified high loss reserve PCL may elect
to have the requirements of this paragraph apply in
lieu of the requirements of paragraphs (2) and (4).
``(B) Contributions.--
``(i) Ordinary rules inapplicable.--Except
as provided under clause (ii) and paragraph
(5), a qualified high loss reserve PCL which
makes the election described in subparagraph
(A) with respect to a calendar quarter shall
not be required to make contributions to its
loss reserve during such quarter.
``(ii) Based on risk of loss.--A company
which makes the election described in
subparagraph (A) with respect to any calendar
quarter shall, before the last day of such
quarter, make such contributions to its loss
reserve as are necessary to ensure that the
amount of the loss reserve of the company is--
``(I) not less than $25,000; and
``(II) sufficient, as determined by
a third-party auditor employed by the
company, to protect the Federal
Government from the risk of loss
associated with the portfolio of PCLP
loans of the company.
``(C) Qualified high loss reserve pcl.--The term
`qualified high loss reserve PCL' means, with respect
to any calendar year, any company designated as a
premier certified lender, if the Administrator
determines that--
``(i) the amount of the loss reserve of the
company is not less than $25,000;
``(ii) the company has established a
process for analyzing the risk of loss
associated with its portfolio of PCLP loans and
for grading each PCLP loan made by the company
on the basis of the risk of loss associated
with such loan; and
``(iii)(I) in the case of a company which
was a qualified high loss reserve PCL with
respect to the preceding calendar year, a
third-party auditor employed by the company has
certified during each calendar quarter of such
year that the amount of the loss reserve of the
company is sufficient to protect the Federal
Government from the risk of loss associated
with the portfolio of PCLP loans of the
company; and
``(II) in the case of any other company, a
third-party auditor employed by the company has
certified during the preceding 90 days that the
loss reserve of the company is sufficient to
protect the Federal Government from the risk of
loss associated with the portfolio of PCLP
loans of the company.
``(D) PCLP loan.--For purposes of this paragraph,
the term `PCLP loan' means any loan guaranteed under
this section.
``(E) Calendar quarter.--For purposes of this
paragraph, the term `calendar quarter' means--
``(i) the period which begins on January 1
and ends on March 31 of each year;
``(ii) the period which begins on April 1
and ends on June 30 of each year;
``(iii) the period which begins on July 1
and ends on September 30 of each year; or
``(iv) the period which begins on October 1
and ends on December 31 of each year.''.
(b) Conforming Amendment.--Section 508(b)(2)(D) of the Small
Business Investment Act of 1958 (15 U.S.C. 697e(b)(2)(D)) is amended by
striking ``subsection (c)(2)'' and inserting ``subsection (c)''. | Premier Certified Lenders Program Improvement Act of 2002 - Amends the Small Business Investment Act of 1958 to make loss reserve requirements of lenders under the premier certified lenders (PCL) program inapplicable to PCLs that ensure that the amount of their loss reserve is: (1) not less than $25,000; and (2) sufficient, as determined by a third-party auditor, to protect the Government from the risk of loss associated with the PCL's portfolio of loans. Designates such PCLs as qualified high loss reserve PCLs. Provides related loss reserve requirements. | To amend the Small Business Investment Act of 1958 to allow certain premier certified lenders to elect to maintain an alternative loss reserve. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prohibiting Detention of Youth
Status Offenders Act of 2014''.
SEC. 2. DEINSTITUTIONALIZATION OF STATUS OFFENDERS.
Section 223 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)(11)--
(A) by striking ``shall'' the first place it
appears;
(B) in subparagraph (A)--
(i) in clause (i), by inserting ``and'' at
the end;
(ii) in clause (ii), by striking ``and'' at
the end;
(iii) by striking clause (iii); and
(iv) in the matter following clause (iii)
by striking ``and'' at the end;
(C) in subparagraph (B), by striking ``and'' at the
end; and
(D) by adding at the end the following:
``(C) if a court determines the juvenile should be
placed in a secure detention facility or correctional
facility for violating an order described in
subparagraph (A)(ii)--
``(i) the court shall issue a written order
that--
``(I) identifies the valid court
order that has been violated;
``(II) specifies the factual basis
for determining that there is
reasonable cause to believe that the
juvenile has violated such order;
``(III) includes findings of fact
to support a determination that there
is no appropriate less restrictive
alternative available to placing the
juvenile in such a facility, with due
consideration to the best interest of
the juvenile;
``(IV) specifies the length of
time, not to exceed 3 days, that the
juvenile may remain in a secure
detention facility or correctional
facility, and includes a plan for the
juvenile's release from such facility;
and
``(V) may not be renewed or
extended; and
``(ii) the court may not issue a second or
subsequent order described in clause (i)
relating to a juvenile, unless the juvenile
violates a valid court order after the date on
which the court issues an order described in
clause (i);
``(D) there are procedures in place to ensure that
any juvenile held in a secure detention facility or
correctional facility pursuant to a court order
described in this paragraph does not remain in custody
longer than 3 days (with the exception of weekends and
holidays) or the length of time authorized by the
court, or authorized under applicable State law,
whichever is shorter;
``(E) juvenile status offenders detained or
confined in a secure detention facility or correctional
facility pursuant to a court order as described in this
paragraph may only be detained in secure custody one
time in any six-month period, provided that all
conditions set forth in subsection (D) are satisfied;
and
``(F) not later than one year after the date of
enactment of this subparagraph, with a single one-year
extension if the State can demonstrate hardship as
determined by the Administrator, the State will
eliminate the use of valid court orders as described in
paragraph (A)(ii) to provide secure lockup of status
offenders;''; and
(2) by adding at the end the following:
``(g) Applications for Extension for Compliance.--States may apply
for a single one-year extension to comply with subsection (a)(11). To
apply, State must submit an application to the Administrator
describing--
``(1) the State's measurable progress and good faith effort
to reduce the number of status offenders who are placed in a
secure detention facility or correctional facility pursuant to
a court order as described in this paragraph; and
``(2) the State's plan to come into compliance not later
than 1 year after the date of extension.''. | Prohibiting Detention of Youth Status Offenders Act of 2014 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974, with respect to the detention of a juvenile status offender (a juvenile arrested for an offense that would not be a crime if committed by an adult) who violates a valid court order, to require the court placing such juvenile in detention to issue a written order that: (1) identifies the valid court order that has been violated; (2) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order; (3) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in a secure detention or correctional facility, with due consideration to the best interest of the juvenile; (4) specifies the length of time, not to exceed three days, that the juvenile may remain in such facility and includes a plan for the juvenile's release; and (5) may not be renewed or extended. Provides that a juvenile status offender may only be detained once in any six-month period. Eliminates, not later than one year after the enactment of this Act, the use of valid court orders to provide secure lockup of juvenile status offenders. | Prohibiting Detention of Youth Status Offenders Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Perkins County Rural Water System
Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) in 1977, the North Dakota State Legislature authorized and
directed the State Water Commission to conduct the Southwest Area
Water Supply Study, which included water service to a portion of
Perkins County, South Dakota;
(2) amendments made by the Garrison Diversion Unit
Reformulation Act of 1986 (Public Law 101-294) authorized the
Southwest Pipeline project as an eligible project for Federal cost
share participation; and
(3) the Perkins County Rural Water System has continued to be
recognized by the State of North Dakota, the Southwest Water
Authority, the North Dakota Water Commission, the Department of the
Interior, and Congress as a component of the Southwest Pipeline
Project.
SEC. 3. DEFINITIONS.
In this Act:
(1) Corporation.--The term ``Corporation'' means the Perkins
County Rural Water System, Inc., a nonprofit corporation
established and operated under the laws of the State of South
Dakota substantially in accordance with the feasibility study.
(2) Feasibility study.--The term ``feasibility study'' means
the study entitled ``Feasibility Study for Rural Water System for
Perkins County Rural Water System, Inc.'', as amended in March
1995.
(3) Project construction budget.--The term ``project
construction budget'' means the description of the total amount of
funds that are needed for the construction of the water supply
system, as described in the feasibility study.
(4) Pumping and incidental operational requirements.--The term
``pumping and incidental operational requirements'' means all power
requirements that are incidental to the operation of the water
supply system by the Corporation.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Commissioner of the Bureau of
Reclamation.
(6) Water supply system.--The term ``water supply system''
means intake facilities, pumping stations, water treatment
facilities, cooling facilities, reservoirs, and pipelines operated
by the Perkins County Rural Water System, Inc., to the point of
delivery of water to each entity that distributes water at retail
to individual users.
SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM.
(a) In General.--The Secretary shall make grants to the
Corporation for the Federal share of the costs of--
(1) the planning and construction of the water supply system;
and
(2) repairs to existing public water distribution systems to
ensure conservation of the resources and to make the systems
functional under the new water supply system.
(b) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of the water
supply system until--
(1) the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the water
supply system; and
(2) a final engineering report and a plan for a water
conservation program have been prepared and submitted to Congress
for a period of not less than 90 days before the commencement of
construction of the system.
SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES.
Mitigation of fish and wildlife losses incurred as a result of the
construction and operation of the water supply system shall be on an
acre-for-acre basis, based on ecological equivalency, concurrent with
project construction, as provided in the feasibility study.
SEC. 6. USE OF PICK-SLOAN POWER.
For operation during the period beginning May 1 and ending October
31 of each year, portions of the water supply system constructed with
assistance under this Act shall be eligible to utilize power from the
Pick-Sloan Missouri Basin Program established by section 9 of the Act
of December 22, 1944 (chapter 665; 58 Stat. 887), popularly known as
the Flood Control Act of 1944.
SEC. 7. FEDERAL SHARE.
The Federal share under section 4 shall be 75 percent of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply system
under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost indices
after March 1, 1995.
SEC. 8. NON-FEDERAL SHARE.
The non-Federal share under section 4 shall be 25 percent of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply system
under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost indices
after March 1, 1995.
SEC. 9. CONSTRUCTION OVERSIGHT.
(a) Authorization.--At the request of the Corporation, the
Secretary may provide to the Corporation assistance in overseeing
matters relating to construction of the water supply system.
(b) Project Oversight Administration.--The amount of funds used by
the Secretary for planning and construction of the water supply system
may not exceed an amount equal to 3 percent of the amount provided in
the total project construction budget for the portion of the project to
be constructed in Perkins County, South Dakota.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary--
(1) $15,000,000 for the planning and construction of the water
supply system under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost indices
after March 1, 1995.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Requires the mitigation of fish and wildlife losses during System construction and operation on an acre-for-acre basis, based on ecological equivalency, and concurrent with project construction.
Makes portions of the System constructed with assistance under this Act eligible to utilize power from the Pick-Sloan Missouri Basin Program for operation from May 1 to October 31 of each year.
Provides the Federal share (75 percent) of System planning, construction, and development costs.
Authorizes the Secretary, at the Corporation's request, to provide assistance in overseeing matters relating to System construction.
Authorizes appropriations. | Perkins County Rural Water System Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Veterans Disabled for Life
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Armed Forces of the United States have answered the
call and served with distinction around the world--from hitting
the beaches in World War II in the Pacific and Europe, to the
cold and difficult terrain in Korea, the steamy jungles of
Vietnam, and the desert sands of the Middle East.
(2) All Americans should commemorate those who come home
having survived the ordeal of war, and solemnly honor those who
made the ultimate sacrifice in giving their lives for their
country.
(3) All Americans should honor the millions of living
disabled veterans who carry the scars of war every day, and who
have made enormous personal sacrifices defending the principles
of our democracy.
(4) In 2000, Congress authorized the construction of the
American Veterans Disabled for Life Memorial.
(5) The United States should pay tribute to the Nation's
living disabled veterans by minting and issuing a commemorative
silver dollar coin.
(6) The surcharge proceeds from the sale of a commemorative
coin would raise valuable funding for the construction of the
American Veterans Disabled for Life Memorial.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of disabled American
veterans, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the design selected by the Disabled
Veterans' LIFE Memorial Foundation for the American Veterans
Disabled for Life Memorial.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2010''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Disabled Veterans' LIFE Memorial Foundation and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--
(1) In general.--Only 1 facility of the United States Mint
may be used to strike any particular quality of the coins
minted under this Act.
(2) Use of the united states mint at west point, new
york.--It is the sense of the Congress that the coins minted
under this Act should be struck at the United States Mint at
West Point, New York, to the greatest extent possible.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2010.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to the Disabled Veterans'
LIFE Memorial Foundation for the purpose of establishing an endowment
to support the construction of American Veterans' Disabled for Life
Memorial in Washington, D.C.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Disabled Veterans' LIFE Memorial Foundation as may be
related to the expenditures of amounts paid under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection. | American Veterans Disabled for Life Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 silver coins in commemoration of disabled American veterans and emblematic of the design selected by the Disabled Veterans' LIFE Memorial Foundation for the American Veterans Disabled for Life Memorial.
Expresses the sense of Congress that, to the greatest extent possible, the coins should be struck at the U.S. Mint at West Point, New York.
Limits the period for coin issuance to calendar year 2010.
Imposes a $10 surcharge per coin, to be distributed to the Disabled Veterans' LIFE Memorial Foundation for the purpose of establishing an endowment to support the construction of American Veterans' Disabled for Life Memorial in Washington, D.C. | A bill to require the Secretary of the Treasury to mint coins in commemoration of veterans who became disabled for life while serving in the Armed Forces of the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Salmon and Fisheries
Predation Prevention Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) prevention of predation by sea lions, recovery of
salmonid stocks listed under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.), and prevention of the future listings
of fish stocks in the Columbia River under such Act are a vital
priority; and
(2) the Federal Government should continue to fund lethal
and nonlethal removal of sea lions as well as deterrence
measures for preventing such predation.
SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS TRIBUTARIES
TO PROTECT ENDANGERED AND THREATENED SPECIES OF SALMON
AND OTHER NONLISTED FISH SPECIES.
Section 120(f) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1389(f)) is amended to read as follows:
``(f) Temporary Marine Mammal Removal Authority on the Waters of
the Columbia River and Its Tributaries.--
``(1) Removal authority.--Notwithstanding any other
provision of this Act, the Secretary may issue a permit to an
eligible entity to authorize the intentional lethal taking on
the waters of the Columbia River and its tributaries of
individually identifiable sea lions that are part of a
population or stock that is not categorized under this Act as
depleted or strategic for the purpose of protecting--
``(A) species of salmon, steelhead, or eulachon
that are listed as endangered species or threatened
species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
``(B) species of lamprey or sturgeon that are not
listed as endangered or threatened but are listed as a
species of concern.
``(2) Permit process.--
``(A) In general.--An eligible entity may apply to
the Secretary for a permit under this subsection.
``(B) Deadline for consideration of application.--
The timelines and procedures described in subsection
(c) shall apply to applications for permits under this
subsection in the same manner such timelines apply to
applications under subsection (b).
``(C) Coordination.--The Secretary shall establish
procedures for coordination among eligible entities,
including application procedures and timelines,
geographic and species-specific considerations, and
monitoring and periodic review.
``(D) Duration of permit.--A permit under this
subsection shall be effective for not more than 5 years
and may be renewed by the Secretary.
``(3) Limitations on annual takings.--The process for
determining limitations on annual take of sea lions will follow
the process established in subsection (c) and the cumulative
number of sea lions authorized to be taken each year under all
permits in effect under this subsection shall not exceed 10
percent of the annual potential biological removal level for
sea lions.
``(4) Qualified individuals.--Intentional lethal takings
under this subsection shall be humane and shall be implemented
by agencies or qualified individuals described in subsection
(c)(4), or by individuals employed by the eligible entities
described in paragraph (6).
``(5) Suspension of permitting authority.--If, 5 years
after the date of the enactment of the Endangered Salmon and
Fisheries Predation Prevention Act, the Secretary, after
consulting with State and tribal fishery managers, determines
that lethal removal authority is no longer necessary to protect
salmonid and other fish species from sea lion predation, the
Secretary shall suspend the issuance of permits under this
subsection.
``(6) Eligible entity defined.--
``(A) In general.--
``(i) Definition.--In this subsection,
subject to subparagraph (B), the term `eligible
entity' means--
``(I) with respect to removal in
the mainstem of the Columbia River and
its tributaries, the State of
Washington, the State of Oregon, and
the State of Idaho;
``(II) with respect to removal in
the mainstem of the Columbia River and
its tributaries, the Nez Perce Tribe,
the Confederated Tribes of the Umatilla
Indian Reservation, the Confederated
Tribes of the Warm Springs Reservation
of Oregon, the Confederated Tribes and
Bands of the Yakama Nation, and the
Columbia River Intertribal Fish
Commission; and
``(ii) Delegation authority.--The Secretary
may allow an eligible entity described in
clause (i)(I) or (i)(II) to delegate its
authority under a permit under this subsection
to any eligible entity described in clause
(i)(I) or (i)(II).
``(B) Additional eligibility.--
``(i) In general.--Subject to the approval
of the Secretary and in consultation with the
Indian Tribes in subparagraph (A)(i)(II)--
``(I) the State of Washington may
enter into a memorandum of
understanding with the Cowlitz Indian
Tribe for deterrence and removal of sea
lions on the Cowlitz River.
``(II) the State of Oregon may
enter into a memorandum of
understanding with the Confederated
Tribes of the Grand Ronde Community of
Oregon and the Confederated Tribes of
Siletz Indians of Oregon for deterrence
and removal of sea lions on the
Willamette River.
``(ii) Considerations.--In determining
eligibility under this subparagraph, the
Secretary shall consider the capacity of each
Indian tribe to manage wildlife to meet the
requirements of this Act.
``(7) Individual exception.--For purposes of this section,
any sea lion located upstream of Columbia River river mile 112,
or in any tributary to the Columbia River that includes
spawning habitat of threatened or endangered salmon or
steelhead is deemed to be individually identifiable.
``(8) Significant negative impact exception.--For purposes
of this section, any sea lion located in the mainstem of the
Columbia River upstream of river mile 112, or in any tributary
to the Columbia River that includes spawning habitat of
threatened or endangered salmon or steelhead is deemed to be
having a significant negative impact on the decline or recovery
of salmonid fishery stocks described in subsection (b)(1).
``(9) Definition.--In this subsection, the term `Indian
tribe' has the meaning given such term in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).''.
SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.
Nothing in this Act or the amendments made by this Act shall be
construed to affect or modify any treaty or other right of an Indian
Tribe (as defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).
SEC. 5. REPORT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Interior shall study and report to the
Congress on the potential effects of the lethal taking of sea lions on
the recovery of salmonid stocks in the waters of the Columbia River and
the tributaries of the Columbia River.
Passed the House of Representatives June 26, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Endangered Salmon and Fisheries Predation Prevention Act This bill amends the Marine Mammal Protection Act of 1972 to authorize the National Oceanic and Atmospheric Administration (NOAA) to issue one-year permits allowing Washington, Oregon, Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, the Columbia River Inter-Tribal Fish Commission, and the Cowlitz Indian Tribe to kill sea lions in a portion of the Columbia River or certain tributaries in order to protect fish from sea lion predation. Permits may be issued to kill sea lions only if the sea lions are part of a population that is not depleted. The permits may authorize the lethal taking of 100 sea lions or fewer. The cumulative annual taking of sea lions each year under all such permits is limited to 10% of the annual potential biological removal level. Permit holders must be trained in natural resource management. These permits are exempted from environmental review requirements of the National Environmental Policy Act of 1969 for five years. NOAA may suspend the issuance of the permits if, after five years, lethal removal authority is no longer necessary to protect fish from sea lion predation. | Endangered Salmon and Fisheries Predation Prevention Act |
SECTION 1. CHARTER.
The Ukrainian American Veterans, Incorporated, organized and
incorporated under the laws of the State of New York, is hereby
recognized and granted a Federal charter.
SEC. 2. POWERS.
The corporation shall have only the powers granted to it through
its bylaws and articles of incorporation filed in the States in which
it is incorporated and subject to the laws of such States.
SEC. 3. PURPOSES.
The purposes of the corporation are those provided in its articles
of incorporation and include a commitment, on a national basis, to--
(1) preserve, protect, and defend the Constitution of the
United States;
(2) commemorate the wars, campaigns, and military actions
of the United States in order to reflect respect, honor, and
tribute for the dead and the surviving veterans;
(3) give individuals throughout the Nation a greater
understanding of and appreciation for the sacrifices of the
people who participated in any military action on behalf of
individuals throughout the United States;
(4) stimulate, to the highest degree possible, the interest
of the entire Nation in the problems of veterans, their widows,
and orphans;
(5) collect, edit, publish, and preserve records and
mementos of patriotic service of veterans of the Armed Forces
of the United States; and
(6) foster the association of veterans of Ukrainian descent
who have served in the Armed Forces of the United States.
SEC. 4. RESTRICTIONS.
(a) Use of Income and Assets.--No part of the income or assets of
the corporation may inure to any member, officer, or director of the
corporation or be distributed to any such person during the life of
this charter. No provision in this subsection may be construed to
prevent the payment of reasonable compensation to the officers and
employees of the corporation or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
(b) Loans.--The corporation may not make any loan to any member,
officer, director, or employee of the corporation.
(c) Political Activity.--The corporation, any officer or director
of the corporation, acting as such officer or director, may not
contribute to, support, or otherwise participate in any political
activity or in any manner attempt to influence legislation.
(d) Issuance of Stock and Payment of Dividends.--The corporation
may not issue any shares of stock or declare or pay any dividends.
(e) Claims of Federal Approval.--The corporation may not claim the
approval of the Congress or the authorization of the Federal Government
for any of its activities.
(f) Corporate Status.--The corporation shall maintain its status as
a corporation organized and incorporated under the laws of the State of
New York.
(g) Corporate Function.--The corporation shall function as an
educational, patriotic, civic, and historical organization under the
laws of the States in which it is incorporated.
SEC. 5. LIABILITY.
The corporation shall be liable for the acts of its officers,
directors, employees, and agents whenever the officers, directors,
employees, and agents act within the scope of their authority.
SEC. 6. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.
(a) Books and Records of Account.--The corporation shall keep
correct and complete books and records of account and shall keep
minutes of any proceeding of the corporation involving any of its
members, the board of directors, or any committee having authority
under the board of directors.
(b) Names and Addresses of Members.--The corporation shall keep, at
its principal office, a record of the names of all members having the
right to vote in any proceeding of the corporation.
(c) Right To Inspect Books and Records.--All books and records of
the corporation may be inspected by any member having the right to
vote, or by any agent or attorney of such member, for any proper
purpose, at any reasonable time.
(d) Application of State Law.--No provision of this section may be
construed to contravene any applicable State law.
SEC. 7. AUDIT OF FINANCIAL TRANSACTIONS.
The first section of the Act entitled ``An Act to provide for audit
of accounts of private corporations established under the Federal
law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding
at the end the following: ``Ukrainian American Veterans,
Incorporated.''.
SEC. 8. ANNUAL REPORT.
The corporation shall annually submit to the Congress a report
concerning the activities of the corporation during the preceding
fiscal year. The annual report shall be submitted at the same time as
is the report of the audit required by section 7. The report shall not
be printed as a public document.
SEC. 9. RESERVATION OF RIGHT TO AMEND OR REPEAL CHAPTER.
The right to amend or repeal this Act is expressly reserved to the
Congress.
SEC. 10. DEFINITIONS.
For purposes of this Act--
(1) the term ``corporation'' means the Ukrainian American
Veterans, Incorporated; and
(2) the term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, the Virgin
Islands, Guam, American Samoa, the Trust Territories of the
Pacific Islands, or any other territory or possessions of the
United States.
SEC. 11. TAX-EXEMPT STATUS.
The corporation shall maintain its status as an organization exempt
from taxation as provided in the Internal Revenue Code of 1986.
SEC. 12. TERMINATION.
The charter granted in this Act shall expire if the corporation
fails to comply with any provisions of this Act. | Grants a Federal charter to the Ukrainian American Veterans, Incorporated (a nonprofit corporation organized under the laws of the State of New York). | To recognize the organization known as the Ukrainian American Veterans, Incorporated. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Frontline Health Care Act
of 2011''.
SEC. 2. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended--
(1) by redesignating the second subpart XI (as added by
section 10333 of Public Law 111-148) as subpart XII;
(2) by redesignating the second section 340H (as added by
such section 10333) as section 340I; and
(3) by adding at the end the following:
``Subpart XIII--Frontline Health Care Services
``SEC. 340J. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM.
``(a) In General.--The Secretary shall establish and carry out a
Frontline Providers Loan Repayment Program (in this section referred to
as the `Loan Repayment Program') under which, pursuant to contracts in
accordance with this section--
``(1) the Secretary agrees to make student loan repayments;
and
``(2) the individual agrees to serve as a health
professional for a period of full-time service of not less than
2 years at a health care facility serving a frontline care
scarcity area.
``(b) Eligibility.--To be eligible to participate in the Loan
Repayment Program, an individual must--
``(1) submit an application to participate in the Loan
Repayment Program in such form and manner and at such time as
specified by the Secretary; and
``(2) sign and submit to the Secretary, at the time of
submittal of such application, a written contract (described in
subsection (d)).
``(c) Participation in Program.--
``(1) In general.--An individual becomes a participant in
the Loan Repayment Program only upon the approval of the
Secretary of the individual's application submitted under
subsection (b)(1) and the Secretary's acceptance of the
contract submitted by the individual under subsection (b)(2).
``(2) Preference.--In awarding contracts under this
section, the Secretary shall give preference to applicants who
have undertaken training or coursework in interdisciplinary
studies.
``(3) Recruitment for interdisciplinary programs.--The
Secretary shall--
``(A) determine the frontline care scarcity areas
in which to place contract recipients under this
section; and
``(B) in making such determination, give preference
to areas with a demonstrated program of
interdisciplinary health care, or with demonstrated
plans to initiate interdisciplinary approaches to
community health care.
``(4) Notice.--The Secretary shall provide written notice
to an individual promptly upon the Secretary's approving, under
paragraph (1), of the individual's participation in the Loan
Repayment Program.
``(d) Contract.--The contract described in this subsection is a
written contract between the Secretary and an individual that
contains--
``(1) an agreement that--
``(A) the Secretary agrees to provide the
individual with student loan repayment (described in
subsection (e)) for a period of time as determined by
the Secretary, to pay off debts incurred during the
course of the study or program described in subsection
(g)(2)(B); and
``(B) the individual agrees--
``(i) to accept provision of such a student
loan repayment to the individual; and
``(ii) to provide frontline care services
for a period of full-time service of not less
than 2 years at a health care facility serving
a frontline care scarcity area;
``(2) a provision that any financial obligation of the
United States arising out of a contract entered into under this
section and any obligation of the individual which is
conditioned thereon, is contingent upon funds being
appropriated for student loan repayment under this section;
``(3) a statement of the damages to which the United States
is entitled, under subsection (f), for the individual's breach
of the contract; and
``(4) such other statements as the Secretary deems
appropriate of the rights and liabilities of the Secretary and
of the individual, not inconsistent with the provisions of this
section.
``(e) Student Loan Repayment.--
``(1) Amount.--The amount of an annual student loan
repayment under this section on behalf of an individual shall
be determined by the Secretary, and shall take into
consideration the need to pay a sufficient amount to enable
recruiting of health care providers into the loan repayment
program under this section.
``(2) Payments directly to loan provider.--The Secretary
may contract with an individual's loan provider, for the
payment to the loan provider, on behalf of the individual, of
the amounts of a student loan repayment described in paragraph
(1).
``(f) Breach of Contract.--If an individual breaches a written
contract under this section by failing to begin such individual's
service obligation, or to complete such service obligation, the United
States shall be entitled to recover from the individual an amount that
is equal to the sum of--
``(1) the total amount which has been paid to the
individual, or on behalf of the individual, under the contract;
and
``(2) any amount of interest, as determined by the
Secretary.
``(g) Definitions.--In this section:
``(1) The term `frontline care scarcity area' means an
area, population group, or facility that--
``(A) is designated as a health professional
shortage area under section 332; or
``(B) is designated by the State in which the area
is located as having a shortage of frontline care
services.
``(2) The term `frontline care services' means health care
services--
``(A) in the field of general surgery, optometry,
ophthalmology, chiropractic, physical therapy,
audiology, speech language pathology, pharmacies,
public health, podiatric medicine, dietetics,
occupational therapy, general pediatrics, respiratory
therapy, medical technology, otolaryngology, or
radiologic technology; and
``(B) provided by a general surgeon, optometrist,
ophthalmologist, chiropractor, physical therapist,
audiologist, speech language pathologist, pharmacist,
public health professional, podiatric physician,
registered dietician, occupational therapist,
pediatrician, respiratory therapist, medical
technologist, otolaryngologist, or radiologic
technologist who has completed an appropriate course of
study or program, offered by an accredited institution
of higher education in the United States.
``(h) Implementation.--The Secretary shall begin implementation of
the loan repayment program under this section within 180 days of the
date of the enactment of this section.''. | Access to Frontline Health Care Act of 2011 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish and carry out a Frontline Providers Loan Repayment Program under which the Secretary agrees to make student loan repayments in exchange for a health professional providing frontline care services for two years in a frontline care scarcity area. Defines "frontline care services" as health care services in the fields of general surgery, optometry, ophthalmology, chiropractic, physical therapy, audiology, speech language pathology, pharmacies, public health, podiatric medicine, dietetics, occupational therapy, general pediatrics, respiratory therapy, medical technology, otolaryngology, or radiologic technology. | To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish a Frontline Providers Loan Repayment Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Security Officer Quality
Assurance Act of 1996''.
SEC. 2. FINDINGS.
Congress finds that--
(1) employment of private security officers in the United
States is growing rapidly;
(2) the private security industry provides numerous
opportunities for entry-level job applicants, including
individuals suffering from unemployment due to economic
conditions or dislocations;
(3) sworn law enforcement officers provide significant
services to the citizens of the United States in its public
areas, and are only supplemented by private security officers
who provide prevention and reporting services in support of,
but not in place of, regular sworn police;
(4) given the growth of large private shopping malls, and
the consequent reduction in the number of public shopping
streets, the American public is more likely to have contact
with private security personnel in the course of a day than
with sworn law enforcement officers;
(5) regardless of the differences in their duties, skill,
and responsibilities, the public has difficulty in discerning
the difference between sworn law enforcement officers and
private security personnel; and
(6) the American public demands the employment of
qualified, well-trained private security personnel as an
adjunct, but not a replacement for sworn law enforcement
officers.
SEC. 3. BACKGROUND CHECKS.
(a) In General.--An association of employers of private security
officers, designated for the purpose of this section by the Attorney
General, may submit fingerprints or other methods of positive
identification approved by the Attorney General, to the Attorney
General on behalf of any applicant for a State license or certificate
of registration as a private security officer or employer of private
security officers. In response to such a submission, the Attorney
General may, to the extent provided by State law conforming to the
requirements of the second paragraph under the heading ``Federal Bureau
of Investigation'' and the subheading ``Salaries and Expenses'' in
title II of Public Law 92-544 (86 Stat. 1115), exchange, for licensing
and employment purposes, identification and criminal history records
with the State governmental agencies to which such applicant has
applied.
(b) Regulations.--The Attorney General may prescribe such
regulations as may be necessary to carry out this section, including
measures relating to the security, confidentiality, accuracy, use, and
dissemination of information and audits and recordkeeping and the
imposition of fees necessary for the recovery of costs.
(c) Report.--The Attorney General shall report to the Senate and
House Committees on the Judiciary 2 years after the date of enactment
of this bill on the number of inquiries made by the association of
employers under this section and their disposition.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that States should participate in the
background check system established under section 3.
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``employee'' includes an applicant for
employment;
(2) the term ``employer'' means any person that--
(A) employs one or more private security officers;
or
(B) provides, as an independent contractor, for
consideration, the services of one or more private
security officers (possibly including oneself);
(3) the term ``private security officer''--
(A) means--
(i) an individual who performs security
services, full or part time, for consideration
as an independent contractor or an employee,
whether armed or unarmed and in uniform or
plain clothes whose primary duty is to perform
security services, or
(ii) an individual who is an employee of an
electronic security system company who is
engaged in one or more of the following
activities in the State: burglar alarm
technician, fire alarm technician, closed
circuit television technician, access control
technician, or security system monitor; but
(B) does not include--
(i) sworn police officers who have law
enforcement powers in the State,
(ii) attorneys, accountants, and other
professionals who are otherwise licensed in the
State,
(iii) employees whose duties are primarily
internal audit or credit functions,
(iv) persons whose duties may incidentally
include the reporting or apprehension of
shoplifters or trespassers, or
(v) an individual on active duty in the
military service;
(4) the term ``certificate of registration'' means a
license, permit, certificate, registration card, or other
formal written permission from the State for the person to
engage in providing security services;
(5) the term ``security services'' means the performance of
one or more of the following:
(A) the observation or reporting of intrusion,
larceny, vandalism, fire or trespass;
(B) the deterrence of theft or misappropriation of
any goods, money, or other item of value;
(C) the observation or reporting of any unlawful
activity;
(D) the protection of individuals or property,
including proprietary information, from harm or
misappropriation;
(E) the control of access to premises being
protected;
(F) the secure movement of prisoners;
(G) the maintenance of order and safety at
athletic, entertainment, or other public activities;
(H) the provision of canine services for protecting
premises or for the detection of any unlawful device or
substance; and
(I) the transportation of money or other valuables
by armored vehicle; and
(6) the term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
Passed the House of Representatives September 26, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Private Security Officer Quality Assurance Act of 1996 - Authorizes an association of employers of private security officers (officers) to submit fingerprints or other methods of positive identification to the Attorney General for background checks of such officers. Allows the Attorney General to: (1) exchange identification and criminal history records with State governmental agencies for licensing and employment purposes; and (2) prescribe regulations to carry out this Act, including measures relating to the imposition of fees necessary for the recovery of costs. Expresses the sense of the Congress that States should participate in the background check system established under this Act. | Private Security Officer Quality Assurance Act of 1996 |
SECTION 1. COMMISSION ON FREEDOM OF INFORMATION ACT PROCESSING DELAYS.
(a) Short Title.--This Act may be cited as the ``Faster FOIA Act of
2010''.
(b) Establishment.--There is established the Commission on Freedom
of Information Act Processing Delays (in this Act referred to as the
``Commission'' for the purpose of conducting a study relating to
methods to help reduce delays in processing requests submitted to
Federal agencies under section 552 of title 5, United States Code
(commonly referred to as the ``Freedom of Information Act'').
(c) Membership.--
(1) In general.--The Commission shall be composed of 16
members of whom--
(A) 3 shall be appointed by the chairman of the
Committee on the Judiciary of the Senate;
(B) 3 shall be appointed by the ranking member of
the Committee on the Judiciary of the Senate;
(C) 3 shall be appointed by the chairman of the
Committee on Government Reform of the House of
Representatives;
(D) 3 shall be appointed by the ranking member of
the Committee on Government Reform of the House of
Representatives;
(E) 1 shall be appointed by the Attorney General of
the United States;
(F) 1 shall be appointed by the Director of the
Office of Management and Budget;
(G) 1 shall be appointed by the Archivist of the
United States; and
(H) 1 shall be appointed by the Comptroller General
of the United States.
(2) Qualifications of congressional appointees.--Of the 3
appointees under each of subparagraphs (A), (B), (C), and (D)
of paragraph (1) at least 2 shall have experience in academic
research in the fields of library science, information
management, or public access to Government information.
(3) Timeliness of appointments.--Appointments to the
Commission shall be made as expeditiously as possible, but not
later than 60 days after the date of enactment of this Act.
(d) Study.--The Commission shall conduct a study to--
(1) identify methods that--
(A) will help reduce delays in the processing of
requests submitted to Federal agencies under section
552 of title 5, United States Code; and
(B) ensure the efficient and equitable
administration of that section throughout the Federal
Government;
(2) examine whether the system for charging fees and
granting waivers of fees under section 552 of title 5, United
States Code, needs to be reformed in order to reduce delays in
processing requests; and
(3) examine and determine--
(A) why the Federal Government's use of the
exemptions under section 552(b) of title 5, United
States Code, increased during fiscal year 2009;
(B) the reasons for any increase, including whether
the increase was warranted and whether the increase
contributed to FOIA processing delays;
(C) what efforts were made by Federal agencies to
comply with President Obama's January 21, 2009
Presidential Memorandum on Freedom of Information Act
Requests and whether those efforts were successful; and
(D) make recommendations on how the use of
exemptions under section 552(b) of title 5, United
States Code, may be limited.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit a report to Congress and the
President containing the results of the study under this section, which
shall include--
(1) a description of the methods identified by the study;
(2) the conclusions and recommendations of the Commission
regarding--
(A) each method identified; and
(B) the charging of fees and granting of waivers of
fees; and
(3) recommendations for legislative or administrative
actions to implement the conclusions of the Commission.
(f) Staff and Administrative Support Services.--The Archivist of
the United States shall provide to the Commission such staff and
administrative support services, including research assistance at the
request of the Commission, as necessary for the Commission to perform
its functions efficiently and in accordance with this section.
(g) Information.--To the extent permitted by law, the heads of
executive agencies, the Government Accountability Office, and the
Congressional Research Service shall provide to the Commission such
information as the Commission may require to carry out its functions.
(h) Compensation of Members.--Members of the Commission shall serve
without compensation for services performed for the Commission.
(i) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(j) Transparency.--All meetings of the Commission shall be open to
the public, except that a meeting, or any portion of it, may be closed
to the public if it concerns matters or information described in
chapter 552b(c) of title 5, United States Code. Interested persons
shall be permitted to appear at open meetings and present oral or
written statements on the subject matter of the meeting. The Commission
may administer oaths or affirmations to any person appearing before the
Commission.
(k) Termination.--The Commission shall terminate 30 days after the
submission of the report under subsection (e).
Passed the Senate May 5, 2010.
Attest:
NANCY ERICKSON,
Secretary. | Faster FOIA Act of 2010 - Establishes the Commission on Freedom of Information Act Processing Delays to conduct a study to: (1) identify methods that will help reduce delays in processing Freedom of Information Act (FOIA) requests submitted to federal agencies; (2) ensure the efficient and equitable administration of FOIA throughout the federal government; (3) examine whether the system for charging fees for such requests and granting waivers of such fees needs to be reformed; (4) determine why the government's use of FOIA exemptions increased during FY2009, whether the increase contributed to delays, what efforts were made by federal agencies to comply with President Obama's January 21, 2009 Presidential Memorandum on Freedom of Information Act Requests, and whether those efforts were successful; and (5) make recommendations on how the use of exemptions may be limited.
Directs the Commission to report to Congress and the President on the results of the study not later than one year after enactment of this Act. | A bill to establish the Commission on Freedom of Information Act Processing Delays. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commemorative Events
Advisory Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the preparation and consideration of the multitude of
bills proposing particular days, weeks, months, or years for
recognition through Presidential proclamation unduly burdens
the Congress and consumes an inordinate amount of time;
(2) such proposals could be more efficiently considered by
a commission whose sole function would be to review proposals
for national commemorative events and to make positive or
negative recommendations thereon to the President;
(3) such a commission would streamline the process by which
such proposals are currently considered and save the Congress
considerable time and resources which could be devoted to
matters of more pressing national concern; and
(4) such a commission would better ensure the impartial
review of proposals for national commemorative events generated
by a wide variety of constituent groups.
SEC. 3. ESTABLISHMENT AND MEMBERSHIP.
(a) In General.--There shall be established a commission to be
known as the ``President's Advisory Commission on National
Commemorative Events'' (hereinafter in this Act referred to as the
``Commission'').
(b) Members.--The Commission shall be composed of 11 members, as
follows:
(1) 2 members shall be appointed by the Speaker of the
House of Representatives.
(2) 2 members shall be appointed by the President pro
tempore of the Senate.
(3) 7 members shall be appointed by the President. Members
under this paragraph shall represent, insofar as possible, a
wide range of educational, geographical, and professional
backgrounds. A Member of Congress may not be appointed under
this paragraph.
All members must be citizens of the United States.
(c) Terms.--(1) Each member shall be appointed for a term of 2
years, except as provided in paragraph (2).
(2) Of the members first appointed under subsection (b)(3)--
(A) 3 shall be appointed for 1 year, and
(B) 4 shall be appointed for 2 years,
as designated by the President.
(3) If a member was appointed to the Commission as a Member of
Congress and the member ceases to be a Member of Congress, that member
may continue as a member for not longer than the 30-day period
beginning on the date that member ceases to be a Member of Congress.
(d) Vacancies.--A vacancy shall be filled in the manner in which
the original appointment was made. A vacancy in the Commission shall
not affect its powers. Any member appointed to fill a vacancy occurring
before the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of such term.
(e) Chairman.--The Chairman of the Commission shall be designated
by the President from among the members under subsection (b)(3). The
term of office of the Chairman shall be 2 years.
(f) Quorum.--6 members of the Commission shall constitute a quorum.
Action by a quorum shall be necessary for the Commission to issue a
recommendation under section 6(d).
(g) Meetings.--The Commission shall meet on at least a quarterly
basis. Meetings shall be held in the District of Columbia.
(h) Pay.--(1) Except as provided in paragraph (2), each member of
the Commission shall be paid the daily equivalent of the maximum rate
of basic pay payable for grade GS-15 of the General Schedule for each
day, including traveltime, during which such member is performing
duties of the Commission.
(2) Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not receive
additional pay by reason of their service on the Commission.
(i) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including a per
diem allowance in lieu of subsistence, in the same manner as persons
employed intermittently in the Government service are allowed travel
expenses under section 5703 of title 5 of the United States Code.
SEC. 4. DIRECTOR; STAFF.
(a) Authority.--The Commission may appoint and fix the pay of a
Director and such staff as the Commission considers appropriate.
(b) Inapplicability of Certain Civil Service Laws.--The Director
and staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of the maximum
rate of basic pay payable for grade GS-15 of the General Schedule.
(c) Staff of Federal Agencies.--Upon request of the Chairman, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold such hearings, take such testimony, and receive such
evidence, as it considers appropriate.
(b) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property, but not from a source having a
direct interest in any matter before the Commission.
(c) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(d) Administrative Support Services.--The Administrator of General
Services shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request.
SEC. 6. DUTIES OF THE COMMISSION.
(a) Criteria.--The Commission shall establish criteria for
recommending to the President that a proposed commemorative event be
approved or disapproved.
(b) Submission of Proposals.--The Commission shall establish and
publish in the Federal Register procedures for submitting proposals for
national commemorative events to the Commission.
(c) Review of Proposals.--The Commission shall review all proposals
submitted to it in accordance with subsection (b).
(d) Recommendation to the President.--The Commission shall issue a
recommendation to the President for approval or disapproval of each
proposal submitted to it in accordance with subsection (b). Each
recommendation shall be accompanied by a brief explanation of the
reasons why such recommendation was made.
SEC. 7. EFFECTIVE DATE; COMMENCEMENT AND TERMINATION PROVISIONS.
(a) Effective Date.--This Act shall take effect at the beginning of
the One Hundred Third Congress.
(b) Commencement; Termination.--(1) Members of the Commission shall
be appointed, and the Commission shall first meet, within 90 days after
the effective date of this Act.
(2) The Commission shall terminate 5 years after the date on which
it first meets. | National Commemorative Events Advisory Act - Establishes the President's Advisory Commission on National Commemorative Events to: (1) establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved; (2) review proposals for national commemorative events submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed. | National Commemorative Events Advisory Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Education Empowerment Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Over 1,000,000 veterans attended institutions of higher
education in 2012.
(2) Veterans face unique hardships in transitioning from
the battlefield to the classroom and eventually to the
workforce.
(3) The National Endowment for the Humanities' Warrior-
Scholar Project found that ``veterans transitioning to college
likely have not used academic skills since high school and have
difficulty adjusting to a fundamentally different social and
cultural environment, [leading] to veterans dropping out of
college before earning their degree''.
(4) The National Education Association found that veteran
students can feel lonely and vulnerable on campus and that
``connecting student veterans can effectively ease this
isolation'' by bringing together new veteran students with
those who have already successfully navigated the first few
semesters of college.
(5) The unemployment rate for post--9/11 veterans far
outpaces both the overall non-veteran unemployment rate and the
unemployment rate for non-veterans entering the workforce for
the first time.
(6) According to Mission United--a United Way program that
helps veterans re-acclimate to civilian life--it is often
``essential'' for veteran students to be mentored by ``another
veteran who understands their mindset and experience''.
(7) Veteran student centers are recognized as an
institutional best practice by the Student Veterans of America.
(8) The American Council on Education, which represents
more than 1,700 institutions of higher education across the
country, has called having a dedicated space for veterans on
campus ``a promising way for colleges and universities to
better serve veterans on campus'' and a ``critical'' component
of many colleges' efforts to serve their veteran students.
(9) Budget constraints often make it difficult or
impossible for institutions of higher education to dedicate
space to veteran offices, lounges, or student centers.
(10) The 110th Congress authorized the funding of veteran
student centers through the Centers of Excellence for Veteran
Student Success under part T of title VIII of the Higher
Education Act of 1965 (20 U.S.C. 1161t).
(11) According to the Department of Education, federally
funded veteran student centers and staff have generated
improved recruitment, retention, and graduation rates, have
helped veteran students feel better connected across campus,
and have directly contributed to student veterans' successful
academic outcomes.
SEC. 3. GRANT PROGRAM TO ESTABLISH, MAINTAIN, AND IMPROVE VETERAN
STUDENT CENTERS.
(a) Establishment.--From the amounts appropriated to carry out this
Act, the Secretary of Education shall establish a program to award
grants to institutions of higher education to assist in the
establishment, maintenance, and improvement of veteran student centers.
(b) Eligibility.--
(1) Application.--An institution of higher education
seeking a grant under subsection (a) shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) Criteria.--The Secretary may award a grant under
subsection (a) to an institution of higher education if the
Secretary determines that the institution of higher education
meets the following criteria:
(A) The institution has a population of not less
than 15,000 students, of which not less than one
percent are veterans or members of the Armed Forces.
(B) The institution is located in a region or
community that has a significant population of
veterans.
(C) The institution carries out programs or
activities that assist veterans in the local community.
(D) The institution presents a sustainability plan
to demonstrate that its veteran student center will be
maintained and will continue to operate after the term
of the grant has ended.
(c) Use of Funds.--An institution of higher education that is
awarded a grant under subsection (a) shall use such grant to establish,
maintain, or improve a veteran student center.
(d) Amounts Awarded.--
(1) Duration.--Each grant awarded under subsection (a)
shall be for a 4-year period.
(2) Total amount of grant and schedule.--Each grant awarded
under subsection (a) may not exceed a total of $500,000.
Subject to subsection (e), the Secretary shall disburse to the
institution of higher education the amounts awarded under the
grant in such amounts and at such times during the grant period
as the Secretary determines appropriate.
(e) Evaluation.--The Secretary shall annually evaluate each
institution of higher education that is awarded a grant under
subsection (a) to determine whether the institution uses the grant in
accordance with this section. If the Secretary determines that the
institution of higher education is not using the grant in accordance
with this section, the Secretary may delay future disbursements of
amounts described in subsection (d)(2) until the Secretary determines
that the institution of higher education has corrected any deficiencies
and will use such amounts in accordance with this section.
(f) Report.--Not later than 3 years after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
grant program established under subsection (a), including--
(1) the number of grants awarded;
(2) the institutions of higher education that have received
grants;
(3) with respect to each such institution of higher
education--
(A) the amounts awarded; and
(B) how such institution used such amounts; and
(4) a determination by the Secretary with respect to
whether the grant program should be extended or expanded.
(g) Termination.--The authority of the Secretary to carry out the
grant program established under subsection (a) shall terminate on the
date that is 4 years after the date on which the grant program is
established.
(h) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(2) Veteran student center.--The term ``veteran student
center'' means a dedicated space on a campus of an institution
of higher education that provides students who are veterans or
members of the Armed Forces with the following:
(A) A lounge or meeting space for such students and
veterans in the community.
(B) A centralized office for veteran services
that--
(i) is staffed by trained employees and
volunteers; and
(ii) provides such students with assistance
relating to--
(I) transitioning from the military
to student life;
(II) transitioning from the
military to the civilian workforce;
(III) networking with other such
students;
(IV) understanding and obtaining
benefits provided by the Federal
Government or a State for which such
students may be eligible; and
(V) understanding how to succeed in
the institution of higher education,
including by understanding how to
transfer educational credits. | Veteran Education Empowerment Act - Directs the Secretary of Education to award four-year grants to institutions of higher education (IHEs) to establish, maintain, and improve a veteran student center. Requires grantees to be IHEs that: have a population of at least 15,000 students, of which at least 1% are veterans or members of the Armed Forces; are located in a region or community that has a significant veteran population; carry out programs or activities that assist veterans in the local community; and present a sustainability plan demonstrating that their veteran student center will be maintained and will continue to operate after the grant ends. Defines a "veteran student center" as a dedicated space on a campus that provides students who are veterans or members of the Armed Forces with: (1) a lounge or meeting space for such students and veterans in the community, and (2) a centralized office for veteran services that is staffed by trained employees and volunteers. Requires that office to provide such students with assistance in: transitioning from the military to student life, transitioning from the military to the civilian workforce, networking with other students, understanding and obtaining the federal and state benefits for which they may be eligible, and understanding how to succeed in the IHE. | Veteran Education Empowerment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Navigator Outreach and
Chronic Disease Prevention Act of 2004''.
SEC. 2. PATIENT NAVIGATOR GRANTS.
Subpart V of part D of title III of the Public Health Service Act
(42 U.S.C. 256) is amended by adding at the end the following:
``SEC. 340A. PATIENT NAVIGATOR GRANTS.
``(a) Grants.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration, may make grants to
eligible entities for the development and operation of demonstration
programs to provide patient navigator services to improve health care
outcomes. The Secretary shall coordinate with, and ensure the
participation of, the Indian Health Service, the National Cancer
Institute, the Office of Rural Health Policy, and such other offices
and agencies as deemed appropriate by the Secretary, regarding the
design and evaluation of the demonstration programs.
``(b) Use of Funds.--A condition on the receipt of a grant under
this section is that the grantee agree to use the grant to recruit,
assign, train, and employ patient navigators who have direct knowledge
of the communities they serve to facilitate the care of individuals,
including by performing each of the following duties:
``(1) Acting as contacts, including by assisting in the
coordination of health care services and provider referrals,
for individuals who are seeking prevention or early detection
services for, or who following a screening or early detection
service are found to have a symptom, abnormal finding, or
diagnosis of, cancer or other chronic disease.
``(2) Facilitating the involvement of community
organizations providing assistance to individuals who are at
risk for or who have cancer or other chronic diseases to
receive better access to high-quality health care services
(such as by creating partnerships with patient advocacy groups,
charities, health care centers, community hospice centers,
other health care providers, or other organizations in the
targeted community).
``(3) Notifying individuals of clinical trials and
facilitating enrollment in these trials if requested and
eligible.
``(4) Anticipating, identifying, and helping patients to
overcome barriers within the health care system to ensure
prompt diagnostic and treatment resolution of an abnormal
finding of cancer or other chronic disease.
``(5) Coordinating with the relevant health insurance
ombudsman programs to provide information to individuals who
are at risk for or who have cancer or other chronic diseases
about health coverage, including private insurance, health care
savings accounts, and other publicly funded programs (such as
Medicare, Medicaid, and the State children's health insurance
program).
``(6) Conducting ongoing outreach to health disparity
populations, including the uninsured, rural populations, and
other medically underserved populations, in addition to
assisting other individuals who are at risk for or who have
cancer or other chronic diseases to seek preventative care.
``(c) Grant Period.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary may award grants under this section for periods of
not more than 3 years.
``(2) Extensions.--Subject to paragraph (3), the Secretary
may extend the period of a grant under this section, except
that--
``(A) each such extension shall be for a period of
not more than 1 year; and
``(B) the Secretary may make not more than 4 such
extensions with respect to any grant.
``(3) End of grant period.--In carrying out this section,
the Secretary may not authorize any grant period ending after
September 30, 2010.
``(d) Application.--
``(1) In general.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary in
such form, in such manner, and containing such information as
the Secretary may require.
``(2) Contents.--At a minimum, the Secretary shall require
each such application to outline how the eligible entity will
establish baseline measures and benchmarks that meet the
Secretary's requirements to evaluate program outcomes.
``(e) Uniform Baseline Measures.--The Secretary shall establish
uniform baseline measures in order to properly evaluate the impact of
the demonstration projects under this section.
``(f) Preference.--In making grants under this section, the
Secretary shall give preference to eligible entities that demonstrate
in their applications plans to utilize patient navigator services to
overcome significant barriers in order to improve health care outcomes
in their respective communities.
``(g) Coordination With Other Programs.--The Secretary shall ensure
coordination of the demonstration grant program under this section with
existing authorized programs in order to facilitate access to high-
quality health care services.
``(h) Study; Reports.--
``(1) Final report by secretary.--Not later than 6 months
after the completion of the demonstration grant program under
this section, the Secretary shall conduct a study of the
results of the program and submit to the Congress a report on
such results that includes the following:
``(A) An evaluation of the program outcomes,
including--
``(i) quantitative analysis of baseline and
benchmark measures; and
``(ii) aggregate information about the
patients served and program activities.
``(B) Recommendations on whether patient navigator
programs could be used to improve patient outcomes in
other public health areas.
``(2) Interim reports by secretary.--The Secretary may
provide interim reports to the Congress on the demonstration
grant program under this section at such intervals as the
Secretary determines to be appropriate.
``(3) Interim reports by grantees.--The Secretary may
require grant recipients under this section to submit interim
reports on grant program outcomes.
``(i) Rule of Construction.--This section shall not be construed to
authorize funding for the delivery of health care services (other than
the patient navigator duties listed in subsection (b)).
``(j) Definitions.--In this section:
``(1) The term `eligible entity' means a public or
nonprofit private health center (including a Federally
qualified health center (as that term is defined in section
1861(aa)(4) of the Social Security Act)), a health facility
operated by or pursuant to a contract with the Indian Health
Service, a hospital, a cancer center, a rural health clinic, an
academic health center, or a nonprofit entity that enters into
a partnership or coordinates referrals with such a center,
clinic, facility, or hospital to provide patient navigator
services.
``(2) The term `health disparity population' means a
population that, as determined by the Secretary, has a
significant disparity in the overall rate of disease incidence,
prevalence, morbidity, mortality, or survival rates as compared
to the health status of the general population.
``(3) The term `patient navigator' means an individual who
has completed a training program approved by the Secretary to
perform the duties listed in subsection (b).
``(k) Authorization of Appropriations.--
``(1) In general.--To carry out this section, there are
authorized to be appropriated $2,000,000 for fiscal year 2006,
$5,000,000 for fiscal year 2007, $8,000,000 for fiscal year
2008, $6,500,000 for fiscal year 2009, and $3,500,000 for
fiscal year 2010.
``(2) Availability.--The amounts appropriated pursuant to
paragraph (1) shall remain available for obligation through the
end of fiscal year 2010.''.
Passed the House of Representatives October 5, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Patient Navigator Outreach and Chronic Disease Prevention Act of 2004 - Authorizes the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to make grants to eligible entities for the development and operation of demonstration programs to provide patient navigator services to improve health care outcomes. Requires the Secretary to coordinate with, and ensure the participation of, the Indian Health Service, the National Cancer Institute, and the Office of Rural Health Policy.
Requires that each grantee agree to recruit, assign, train and employ patient navigators who have direct knowledge of the communities they serve to facilitate the care of individuals.
Requires the Secretary to: (1) direct that each application for a grant outline how the eligible entity will establish baseline measures and benchmarks that meet the Secretary's requirements to evaluate program outcomes; (2) establish uniform baseline measures in order to properly evaluate the impact of the demonstration projects; (3) give preference to those entities that demonstrate plans to utilize patient navigator services to overcome significant barriers to improve health care outcomes within their respective communities; and (4) ensure coordination of the grant programs under this Act with existing authorized programs to facilitate access to high-quality health care services.
Sets forth reporting requirements.
Authorizes appropriations. | To amend the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Adopting Families
Act''.
SEC. 2. DEDUCTION FOR ADOPTION EXPENSES.
(a) Deduction for Adoption Expenses.--
(1) In general.--Part VII of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to additional
itemized deductions for individuals) is amended by
redesignating section 220 as section 221 and by inserting after
section 219 the following new section:
``SEC. 220. ADOPTION EXPENSES.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for the taxable year the amount of the
qualified adoption expenses paid or incurred by the taxpayer during
such taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount allowable as
a deduction under subsection (a) for all taxable years with
respect to the legal adoption of any single child by the
taxpayer shall not exceed $5,000 ($7,000, in the case of an
international adoption).
``(2) Income limitation.--The amount allowable as a
deduction under subsection (a) for any taxable year shall be
reduced (but not below zero) by an amount which bears the same
ratio to the amount so allowable (determined without regard to
this paragraph but with regard to paragraph (1)) as--
``(A) the amount (if any) by which the taxpayer's
taxable income (determined without regard to this
section and section 137) exceeds $60,000, bears to
``(B) $10,000.
``(3) Denial of double benefit.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for any expense for which a
deduction or credit is allowable under any other
provision of this chapter.
``(B) Grants.--No deduction shall be allowed under
subsection (a) for any expenses paid from any funds
received under any Federal, State, or local program.
``(C) Employer program.--No deduction shall be
allowed under subsection (a) for any expenses paid by
an employer which are excludible from gross income
under section 137(a).
``(c) Qualified Adoption Expenses.--For purposes of this section:
``(1) In general.--The term `qualified adoption expenses'
means reasonable and necessary adoption fees (including agency
fees), court costs, attorney fees, and other expenses which--
``(A) are directly related to the legal adoption of
a child by the taxpayer but only if such adoption has
been arranged--
``(i) by a State or local agency with
responsibility under State or local law for
child placement through adoption,
``(ii) by a non-profit, voluntary adoption
agency which is authorized by State or local
law to place children for adoption, or
``(iii) through a private placement, and
``(B) are not incurred in violation of State or
Federal law.
``(2) Adoption expenses not to include certain amounts.--
The term `qualified adoption expenses' shall not include any
expenses in connection with--
``(A) the adoption by an individual of a child who
is the child of such individual's spouse, or
``(B) travel outside the United States, unless such
travel is required--
``(i) as a condition of a legal adoption by
the country of the child's origin,
``(ii) to assess the health and status of
the child to be adopted, or
``(iii) to escort the child to be adopted
to the United States.
``(3) Child.--The term `child' means an individual who at
the time of adoption under this section has not attained the
age of 18.''.
(2) Clerical amendment.--The table of sections for such
part VII is amended by striking the item relating to section
220 and inserting the following:
``Sec. 220. Adoption expenses.
``Sec. 221. Cross reference.''.
(b) Deduction Allowed in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code is amended by adding after
paragraph (15) the following new paragraph:
``(16) Adoption expenses.--The deduction allowed by section
220.''.
(c) Adoption Assistance Programs.--
(1) In general.--Part III of subchapter B of chapter 1 of
such Code (relating to items specifically excluded from gross
income) is amended by redesignating section 137 as section 138
and by inserting after section 136 the following new section:
``SEC. 137. ADOPTION ASSISTANCE PROGRAMS.
``(a) In General.--Gross income of an employee does not include
amounts paid or expenses incurred by the employer for qualified
adoption expenses in connection with the adoption of a child by an
employee if such amounts are furnished pursuant to an adoption
assistance program.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount excludable
from gross income under subsection (a) for all taxable years
with respect to the legal adoption of any single child by the
taxpayer shall not exceed the excess (if any) of $5,000 ($7,000
in the case of an international adoption).
``(2) Income limitation.--The amount excludable from gross
income under subsection (a) for any taxable year shall be
reduced (but not below zero) by an amount which bears the same
ratio to the amount so excludable (determined without regard to
this paragraph but with regard to paragraph (1)) as--
``(A) the amount (if any) by which the taxpayer's
taxable income (determined without regard to this
section and section 220) exceeds $60,000, bears to
``(B) $10,000.
``(c) Adoption Assistance Program.--For purposes of this section,
an adoption assistance program is a plan of an employer--
``(1) under which the employer provides employees with
adoption assistance, and
``(2) which meets requirements similar to the requirements
of paragraphs (2), (3), and (5) of section 127(b).
``(d) Qualified Adoption Expenses.--For purposes of this section,
the term `qualified adoption expenses' has the meaning given such term
by section 220(c).''.
(2) Clerical amendment.--The table of sections for such
part III is amended by striking the item relating to section
137 and inserting the following:
``Sec. 137. Adoption assistance programs.
``Sec. 138. Cross reference to other
Acts.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after December 31, 1993. | Fairness for Adopting Families Act - Amends the Internal Revenue Code to permit an individual income tax deduction for qualified adoption expenses. Makes deductible reasonable and necessary expenses that are directly related to a legal adoption of any child if the adoption has been arranged by a State, local, or other nonprofit agency or through a private placement.
Excludes from an employee's gross income any amounts paid on behalf of the employee by an employer pursuant to a qualified adoption assistance program.
Limits both the deduction and the exclusion to $5,000 ($7,000 in the case of an international adoption). Reduces the amount when the taxpayer's income exceeds $60,000.
Permits an employer to treat an adoption assistance program as a statutory employee benefit plan, thus making the employer's contributions to such a program tax deductible as business expenses. | Fairness for Adopting Families Act |
SECTION 1. MODIFYING SPECIAL RULES RELATING TO COVERAGE OF ABORTION
SERVICES UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE
ACT TO CONFORM TO LONG-STANDING FEDERAL POLICY.
(a) In General.--Section 1303 of the Patient Protection and
Affordable Care Act (Public Law 111-148), as amended by section
10104(c) of such Act, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively;
(2) by redesignating paragraph (4) of subsection (b) as
subsection (d) and transferring such subsection (d) after the
subsection (c) inserted by paragraph (4) of this subsection
with appropriate indentation;
(3) by amending subsection (b) to read as follows:
``(b) Special Rules Relating to Coverage of Abortion Services.--
Nothing in this Act (or any amendment made by this Act) shall be
construed to require any health plan to provide coverage of or access
to abortion services or to allow the Secretary or any other Federal or
non-Federal person or entity in implementing this Act (or amendment) to
require coverage of or access to such services.'';
(4) by inserting after subsection (b) the following new
subsection:
``(c) Limitation on Abortion Funding.--
``(1) In general.--No funds authorized or appropriated by
this Act (or an amendment made by this Act), including credits
applied toward qualified health plans under section 36B of the
Internal Revenue Code of 1986 or cost-sharing reductions under
section 1402 of this Act may be used to pay for any abortion or
to cover any part of the costs of any health plan that includes
coverage of abortion, except in the case where a woman suffers
from a physical disorder, physical injury, or physical illness
that would, as certified by a physician, place the woman in
danger of death unless an abortion is performed, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, or unless the pregnancy is the result of
an act of rape or incest.
``(2) Option to purchase separate coverage or plan.--
Nothing in this subsection shall be construed as prohibiting
any non-Federal entity (including an individual or a State or
local government) from purchasing separate coverage for
abortions for which funding is prohibited under this
subsection, or a plan that includes such abortions, so long
as--
``(A) such coverage or plan is paid for entirely
using only funds not authorized or appropriated by this
Act; and
``(B) such coverage or plan is not purchased
using--
``(i) individual premium payments required
for a qualified health plan offered through an
Exchange towards which a credit is applied
under section 36B of the Internal Revenue Code
of 1986; or
``(ii) other non-Federal funds required to
receive a Federal payment, including a State's
or locality's contribution of Medicaid matching
funds.
``(3) Option to offer coverage or plan.--Nothing in this
subsection or section 1311(d)(2)(B)(i) shall restrict any non-
Federal health insurance issuer offering a qualified health
plan from offering separate coverage for abortions for which
funding is prohibited under this subsection, or a plan that
includes such abortions, so long as--
``(A) premiums for such separate coverage or plan
are paid for entirely with funds not authorized or
appropriated by this Act;
``(B) administrative costs and all services offered
through such coverage or plan are paid for using only
premiums collected for such coverage or plan; and
``(C) any such non-Federal health insurance issuer
that offers a qualified health plan through an Exchange
that includes coverage for abortions for which funding
is prohibited under this subsection also offers a
qualified health plan through the Exchange that is
identical in every respect except that it does not
cover abortions for which funding is prohibited under
this subsection.'';
(5) in subsection (e), as redesignated by paragraph (1)--
(A) in the heading, strike ``Regarding Abortion'';
(B) in the heading of each of paragraphs (1) and
(2), strike each place it appears ``regarding
abortion''; and
(C) in paragraph (1), insert ``conscience
protection, abortion, or'' after ``State laws
regarding'';
(6) in subsection (f), as redesignated by paragraph (1), by
striking ``Nothing'' and inserting ``Subject to subsection (g),
nothing''; and
(7) by adding at the end the following new subsection:
``(g) Nondiscrimination on Abortion.--
``(1) Nondiscrimination.--A Federal agency or program, and
any State or local government that receives Federal financial
assistance under this Act (or an amendment made by this Act),
may not--
``(A) subject any individual or institutional
health care entity to discrimination; or
``(B) require any health plan created or regulated
under this Act (or an amendment made by this Act) to
subject any individual or institutional health care
entity to discrimination,
on the basis that the health care entity does not provide, pay
for, provide coverage of, or refer for abortions.
``(2) Definition.--In this subsection, the term
``healthcare entity'' includes an individual physician or other
health care professional, a hospital, a provider-sponsored
organization, a health maintenance organization, a health
insurance plan, or any other kind of health care facility,
organization, or plan.
``(3) Administration.--The Office for Civil Rights of the
Department of Health and Human Services is designated to
receive complaints of discrimination based on this subsection,
and coordinate the investigation of such complaints.''.
(b) Conforming Amendment.--Section 1334(a)(6) of such Act is
amended to read as follows:
``(6) Coverage consistent with federal policy.--In entering
into contracts under this subsection, the Director shall ensure
that no multi-State qualified health plan offered in an
Exchange provides coverage for abortions for which funding is
prohibited under subsection 1303(c) of this Act.''. | Amends the Patient Protection and Affordable Care Act to prohibit federal funds from being to used to cover any part of the costs of any health plan that includes coverage of abortion services. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.)
Requires any qualified health benefit plan offered through an Exchange that includes coverage for abortions to also offer a qualified health benefit plan through the Exchange that is identical in every respect except that it does not cover abortions. | To amend the Patient Protection and Affordable Care Act to modify special rules relating to coverage of abortion services under such Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southwest Bridge Research Center
Establishment Act of 2005''.
SEC. 2. BRIDGE RESEARCH CENTER.
Section 5505 of title 49, United States Code, is amended by adding
at the end the following:
``(k) Southwest Bridge Research Center.--
``(1) In general.--In addition to the university
transportation centers receiving grants under subsections (a)
and (b), the Secretary shall provide grants to New Mexico State
University, in collaboration with the Oklahoma Transportation
Center, to establish and operate a university transportation
center to be known as the `Southwest Bridge Research Center'
(referred to in this subsection as the `Center').
``(2) Purpose.--The purpose of the Center shall be to
contribute at a national level to a systems approach to
improving the overall performance of bridges, with an emphasis
on--
``(A) increasing the number of highly skilled
individuals entering the field of transportation;
``(B) improving the monitoring of structural health
over the life of bridges;
``(C) developing innovative technologies for bridge
testing and assessment;
``(D) developing technologies and procedures for
ensuring bridge safety, reliability, and security; and
``(E) providing training in the methods for bridge
inspection and evaluation.
``(3) Objectives.--The Center shall carry out--
``(A) basic and applied research, the products of
which shall be judged by peers or other experts in the
field to advance the body of knowledge in
transportation;
``(B) an education program that includes
multidisciplinary course work and participation in
research; and
``(C) an ongoing program of technology transfer
that makes research results available to potential
users in a form that can be implemented.
``(4) Maintenance of effort.--To be eligible to receive a
grant under this subsection, the institution specified in
paragraph (1) shall enter into an agreement with the Secretary
to ensure that, for each fiscal year after establishment of the
Center, the institution will fund research activities relating
to transportation in an amount that is at least equal to the
average annual amount of funds expended for the activities for
the 2 fiscal years preceding the fiscal year in which the grant
is received.
``(5) Cost sharing.--
``(A) Federal share.--The Federal share of the cost
of any activity carried out using funds from a grant
provided under this subsection shall be 50 percent.
``(B) Non-federal share.--The non-Federal share of
the cost of any activity carried out using funds from a
grant provided under this subsection may include funds
provided to the recipient under any of sections 503,
504(b), and 505 of title 23.
``(C) Ongoing programs.--After establishment of the
Center, the institution specified in paragraph (1)
shall obligate for each fiscal year not less than
$200,000 in regularly budgeted institutional funds to
support ongoing transportation research and education
programs.
``(6) Program coordination.--
``(A) Coordination.--The Secretary shall--
``(i) coordinate the research, education,
training, and technology transfer activities
carried out by the Center;
``(ii) disseminate the results of that
research; and
``(iii) establish and operate a
clearinghouse for information derived from that
research.
``(B) Annual review and evaluation.--At least
annually, and in accordance with the plan developed
under section 508 of title 23, the Secretary shall
review and evaluate each program carried out by the
Center using funds from a grant provided under this
subsection.
``(7) Limitation on availability of funds.--Funds made
available to carry out this subsection shall remain available
for obligation for a period of 2 years after the last day of
the fiscal year for which the funds are authorized.
``(8) Amount of grant.--For each of fiscal years 2005
through 2010, the Secretary shall provide a grant in the amount
of $3,000,000 to the institution specified in paragraph (1) to
carry out this subsection.
``(9) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection $3,000,000
for each of fiscal years 2005 through 2010.''. | Southwest Bridge Research Center Establishment Act of 2005 - Amends Federal transportation law to direct the Secretary of Transportation to provide grants to New Mexico State University, in collaboration with the Oklahoma Transportation Center, to establish the Southwest Bridge Research Center to contribute at a national level to a systems approach to improving the overall performance of bridges. | A bill to amend title 49, United States Code, to establish a university transportation center to be known as the "Southwest Bridge Research Center". |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Jobs Act''.
SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
(a) Duties of the General Counsel and Administrative Law Judges.--
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended--
(1) in section 3(d) (29 U.S.C. 153(d)), by striking
``investigation of charges and issuance of complaints under
section 10, and in respect of the prosecution of such
complaints before the Board'' and inserting ``investigation of
allegations under section 10''; and
(2) in section 4(a) (29 U.S.C. 154(a)), by striking the
fourth sentence.
(b) Clarification of the Board's Rulemaking Authority.--Section 6
of such Act (29 U.S.C. 156) is amended by adding at the end the
following: ``Such rulemaking authority shall be limited to rules
concerning the internal functions of the Board. The Board shall not
promulgate rules or regulations that affect the substantive or
procedural rights of any person, employer, employee, or labor
organization, including rules and regulations concerning unfair labor
practices and representation elections.''.
(c) Investigatory Power and Adjudicatory Authority Over Unfair
Labor Practice Allegations.--Section 10 of such Act (29 U.S.C. 160) is
amended--
(1) in subsection (a)--
(A) by striking ``prevent any person from engaging
in'' and inserting ``investigate''; and
(B) by striking ``This power shall'' and all that
follows through the end of the subsection;
(2) in subsection (b)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) by striking ``or is engaging in'' and inserting
``, is engaging in, or is about to engage in'';
(C) by striking ``the Board, or any agent'' and all
that follows through ``Provided, That no complaint
shall issue'' and inserting ``the aggrieved person may
bring a civil action for such relief (including an
injunction) as may be appropriate. Any such civil
action may be brought in the district court of the
United States where the violation occurred, or, at the
option of the parties, in the United States District
Court for the District of Columbia. No civil action may
be brought'';
(D) by striking ``charge with the Board'' and all
that follows through ``prevented from filing such
charge'' and inserting ``civil action, unless the
person aggrieved thereby was prevented from filing such
civil action''; and
(E) by striking ``Any such complaint may be
amended'' and all that follows through ``Any such
proceeding shall, so far as practicable,'' and
inserting ``Any proceeding under this subsection
shall'';
(3) by striking subsections (c) through (k);
(4) by redesignating subsections (l) and (m) as subsections
(c) and (d), respectively;
(5) in subsection (c) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) in the first sentence, by striking ``charge''
and inserting ``allegation''; and
(C) by striking ``such charge is true and that a
complaint should issue, he shall'' and all that follows
through the end of the subsection and inserting ``such
allegation is true, the officer or regional attorney
shall, on behalf of the Board, submit a written summary
of the findings to all parties involved in the alleged
unfair labor practice.''; and
(6) in subsection (d) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) by striking ``such charge'' and inserting
``such allegation''; and
(C) by striking ``and cases given priority under
subsection (i)''.
(d) Conforming Amendments.--The National Labor Relations Act (29
U.S.C. 151 et seq.) is amended--
(1) in section 9 (29 U.S.C. 159)--
(A) in subsection (c)(2), by striking ``and in no
case shall the Board'' and all that follows through the
end of such subsection and inserting a period;
(B) by striking subsection (d); and
(C) by redesignating subsection (e) as subsection
(d);
(2) in section 3(b) (29 U.S.C. 153(b)), by striking ``or
(e) of section 9'' and inserting ``or (d) of section 9'';
(3) in section 8 (29 U.S.C. 158), by striking ``9(e)'' each
place it appears and inserting ``9(d)''; and
(4) in section 18 (29 U.S.C. 168), by striking ``section 10
(e) or (f)'' and inserting ``subsection (e) or (f) of section
10, as such subsections were in effect on the day before the
date of enactment of the Protecting American Jobs Act,''.
SEC. 3. REGULATIONS.
Not later than 6 months after the date of enactment of this Act,
the National Labor Relations Board shall review all regulations
promulgated before such date of enactment and revise or rescind any
such regulations as necessary to implement the amendment made by
section 2(b). | Protecting American Jobs Act This bill amends the National Labor Relations Act, with respect to the authority of the National Labor Relations Board, to: repeal the authority of the General Counsel ofthe board, to issue, and prosecute before the board, complaints of unfair labor practices; limit the board's rulemaking authority to rules concerning the internal functions of the board; prohibit the board from promulgating regulations affecting the substantive or procedural rights of any person, employer, employee, or labor organization, including rules concerning unfair labor practices and representation elections; repeal the board's authority to prevent persons from engaging in unfair labor practices, limiting such authority to the investigation of allegations of such practices; and repeal the board's authority to petition courts for enforcement of its orders, seek injunctions, or hold hearings on jurisdictional strikes. | Protecting American Jobs Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dirty Bomb Prevention Act''.
SEC. 2. RADIATION SOURCE PROTECTION.
(a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following new
section:
``Sec. 170C. Radiation Source Protection.--
``a. Task Force on Sealed Source Protection.--
``(1) Establishment.--There is hereby established a task
force on sealed source protection.
``(2) Membership.--The task force shall be headed by the
Chairman of the Commission or his designee. Its members shall
be the following:
``(A) The Secretary of Homeland Security or his
designee.
``(B) The Secretary of Defense or his designee.
``(C) The Secretary of Energy or his designee.
``(D) The Secretary of Transportation or his
designee.
``(E) The Attorney General or his designee.
``(F) The Secretary of State or his designee.
``(G) The Director of the Central Intelligence
Agency or his designee.
``(H) The Director of the Federal Emergency
Management Agency or his designee.
``(I) The Director of the Federal Bureau of
Investigation or his designee.
``(3) Duties.--
``(A) In general.--The task force, in consultation
with other State, Federal, and local agencies and
members of the public, as appropriate, shall evaluate
and provide recommendations to ensure the security of
sealed sources from potential terrorist threats,
including acts of sabotage, theft, or use of such
sources in a radiological dispersal device.
``(B) Recommendations to congress and the
president.--Not later than 180 days after the date of
the enactment of this section, and not less than once
every 3 years thereafter, the task force shall submit a
report to Congress and to the President, in
unclassified form with a classified annex if necessary,
providing recommendations, including recommendations
for appropriate regulatory and legislative changes,
for--
``(i) the establishment of or modifications
to a classification system for sealed sources
based on their potential attractiveness to
terrorists and the extent of the threat to
public health and safety, taking into account
sealed source radioactivity levels,
dispersability, chemical and material form, for
radiopharmaceuticals, the availability of these
substances to physicians and patients whose
medical treatment relies on them, and other
factors as appropriate;
``(ii) the establishment of or
modifications to a national system for recovery
of sealed sources that have been lost or
stolen, taking into account the classification
system established under clause (i);
``(iii) the storage of sealed sources not
currently in use in a safe and secure manner;
``(iv) the establishment of or modification
to a national tracking system for sealed
sources, taking into account the classification
system established under clause (i);
``(v) the establishment of or modifications
to a national system to impose fees to be
collected from users of sealed sources, to be
refunded when the sealed sources are returned
or properly disposed of, or any other method to
ensure the return or proper disposal of sealed
sources;
``(vi) any modifications to export controls
on sealed sources necessary to ensure that
foreign recipients of sealed sources are able
and willing to control United States-origin
sealed sources in the same manner as United
States recipients;
``(vii) whether alternative technologies
are available that can perform some or all of
the functions currently performed by devices
that employ sealed sources, and if so, the
establishment of appropriate regulations and
incentives for the replacement of such devices
with alternative technologies in order to
reduce the number of sealed sources in the
United States; and
``(viii) the creation of or modifications
to procedures for improving the security of
sealed sources in use, transportation, and
storage, which may include periodic Commission
audits or inspections to ensure that sealed
sources are properly secured and can be fully
accounted for, Commission evaluation of
security measures, increased fines for
violations of Commission regulations relating
to security and safety measures applicable to
licensees who possess sealed sources,
background checks for certain individuals with
access to sealed sources, assurances of the
physical security of facilities that contain
sealed sources, and the screening of shipments
to facilities particularly at risk for sabotage
of sealed sources to ensure that they do not
contain explosives.
``b. Commission Actions.--Not later than 60 days after receipt by
Congress and the President of the report required under subsection
a.(3)(B), the Commission, in accordance with the recommendations of the
task force, shall take any appropriate actions, including commencing
revision of its system for licensing sealed sources, and shall take
necessary steps to ensure that States that have entered into an
agreement under section 274 b. establish compatible programs in a
timely manner.
``c. National Academy of Sciences Study.--Not later than 60 days
after the date of the enactment of this section, the Commission shall
enter into an arrangement with the National Academy of Sciences for a
study of industrial, research, and commercial uses for sealed sources.
The study shall review the current uses for sealed sources, identifying
industrial or other processes that utilize sealed sources that could be
replaced with economically and technically equivalent (or improved)
processes that do not require the use of radioactive materials. The
Commission shall transmit the results of the study to Congress within
24 months after the date of the enactment of this section.
``d. Definition.--For purposes of this section, the term `sealed
source' means any byproduct material or special nuclear material
encased in a capsule designed to prevent leakage or escape of the
material, except that such term does not include fuel or spent fuel.''.
(b) Table of Sections Amendment.--The table of sections of the
Atomic Energy Act of 1954 is amended by adding at the end of the items
relating to chapter 14 the following new items:
``Sec. 170B. Uranium supply.
``Sec. 170C. Radiation source protection.''. | Dirty Bomb Prevention Act - Amends the Atomic Energy Act of 1954 to establish a task force on protection of sealed sources (any byproduct material or special nuclear material, except fuel or spent fuel, encased in a capsule designed to prevent leakage or escape). Requires the task force to: (1) provide recommendations to ensure the security of sealed sources from potential terrorist threats, including acts of sabotage, theft, or use of such sources in a radiological dispersal device; and (2) report triennially to Congress and to the President on recommended regulatory and legislative changes for specified security enhancements pertaining to sealed sources. | To establish a task force to evaluate and make recommendations with respect to the security of sealed sources of radioactive materials, and for other purposes. |
SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following:
``alexander creek village recognition
``Sec. 43.
``(a) Recognition of the Village of Alexander Creek.--Alexander
Creek, located within Township 15N, Range 7W, Seward Meridian, Alaska,
is an eligible Native village under section 11(b)(3).
``(b) Definitions.--For the purposes of this section, the following
terms apply:
``(1) The term `agency' includes--
``(A) any instrumentality of the United States;
``(B) any element of an agency; and
``(C) any wholly owned or mixed-owned corporation
of the United States Government identified in chapter
91 of title 31, United States Code.
``(2) The term `conservation system unit' has the meaning
given that term in the Alaska National Interest Lands
Conservation Act.
``(3) The term `Alexander Creek' means Alexander Creek
Incorporated, an Alaska Native Group corporation, organized
pursuant to this Act.
``(4) The term `property' has the meaning given that term
in Public Law 94-204 (43 U.S.C. 1611 note).
``(5) The term `Region' means Cook Inlet Region
Incorporated, an Alaska Native Regional Corporation, which is
the appropriate Regional Corporation for Alexander Creek under
section 1613(h).
``(c) Establishment.--(1) The Secretary of the Treasury, in
consultation with the Secretary of the Interior, shall establish an
account in the Treasury to be known as the `Alexander Creek account'.
``(2) Funds in the Alexander Creek account shall--
``(A) be available to Alexander Creek for bidding on and
purchasing property sold at public sale, subject to paragraph
(3); and
``(B) remain available until expended.
``(3)(A) Alexander Creek may use funds in the Alexander Creek
account to bid as any other bidder for property in Alaska at any public
sale by an agency and may purchase such property in accordance with
applicable laws and regulations of the agency offering the property for
sale.
``(B) In conducting a transaction described in subparagraph (A), an
agency shall accept, in the same manner as cash, any amount tendered
from the Alexander Creek account. The Secretary of the Treasury shall
adjust the balance of the Alexander Creek account to reflect the
transaction.
``(C) The Secretary of the Treasury, in consultation with the
Secretary of the Interior, shall establish procedures for the following
transactions related to the Alexander Creek account:
``(i) Receipt of deposits.
``(ii) Receipt of deposits into escrow when an escrow is
required for the sale of property.
``(iii) Reinstatement to the Alexander Creek account of any
unused escrow deposits in the event that a sale of property is
not consummated.
``(d) Land Exchange.--The Secretary of the Interior shall enter
into negotiations to attempt to conclude, under the authority of
section 22(f), a land exchange to acquire the surface estate in lands
not within any conservation system unit from the State of Alaska or the
Matanuska-Susitna Borough under the same procedures set forth in
section 22(f) to enable Alexander Creek to select additional public
lands within Alexander Creek's original withdrawal area in Alaska, as
identified by Alexander Creek.
``(e) Amount.--(1) The initial balance of the Alexander Creek
account shall be the fair market value of the surface estate of the
approximately 61,440 acres of deficiency selections made by Alexander
Creek, as depicted on the map entitled `____________' and dated
____________.
``(2) If a conveyance is made to Alexander Creek pursuant to
subsection (d), the Alexander Creek account shall be reduced by the
amount of the actual acres conveyed multiplied by the average value per
acre determined under subsection (g).
``(f) Subsurface Estate.--The subsurface estate to lands conveyed
to Alexander Creek under this section shall be conveyed, without
consideration, to the Region.
``(g) Appraisal.--(1)(A) The Secretary shall determine the amount
to be deposited into the Alexander Creek account by appraising the fair
market value, as of the date of the enactment of this section, of each
section selected as a separate parcel and considering that `public
interest' use may be the highest and best use of such parcels.
``(B) Alexander Creek shall have the opportunity to present
evidence of value to the Secretary. The Secretary shall provide
Alexander Creek with a preliminary draft of the appraisal. Alexander
Creek shall have a reasonable and sufficient opportunity to comment on
the appraisal.
``(2) The Secretary shall forward a certified copy of the appraisal
to Alexander Creek.
``(h) Implementation.--(1) Alexander Creek may assign without
restriction any or all of the Alexander Creek account upon written
notification to the Secretary of the Treasury and the Secretary of the
Interior. In the event that such an assignment is made to the Region,
on notice from Alexander Creek to the Secretary of the Treasury and the
Secretary of the Interior, the amount of such assignment shall be added
to or made a part of the Region's Property Account in the Treasury
established pursuant to section 12(b) of Public Law 94-204, and may be
used in the same manner as other funds in that account.
``(2) Upon certification by the Secretary of the Interior of the
appraisal completed pursuant to subsection (g), Alexander Creek shall
be deemed to have accepted the terms of this section in lieu of any
other land entitlement it could have received pursuant to this Act.
Such acceptance shall satisfy all claims Alexander Creek had or may
have had against the United States on the date of the enactment of this
section.
``(3) Any land conveyed to Alexander Creek pursuant to subsection
(e) shall be deemed to be a conveyance pursuant to this Act.
``(i) Treatment of Amounts From Account.--The Secretary of the
Treasury and the heads of agencies shall administer sales pursuant to
this section in the same manner as is provided for any other Native
village authorized by law as of the date of the enactment of this
section (including the use of similar accounts for bidding on and
purchasing property sold for public sale).
``(j) Limitation on Agents' and Attorneys' Fees.--No more than 2.5
percent of payments received by or on behalf of Alexander Creek under
this section may be paid to or received by any agent or attorney for
services rendered in connection with obtaining such payment, any
contract to the contrary notwithstanding. Any person who violates this
subsection shall be guilty of a misdemeanor and shall be subject to a
fine in the amount provided in title 18, United States Code.''. | Amends the Alaska Native Claims Settlement Act (ANCSA) Recognizes the village of Alexander Creek located in Alaska as an eligible Native village.
Directs the Secretary of the Treasury to establish an Alexander Creek account, the funds of which shall be available to Alexander Creek, Incorporated for bidding on and purchasing property sold at public sale.
Directs the Secretary of the Interior (the Secretary) to enter into negotiations to attempt to conclude a land exchange to acquire the surface estate in lands not within any conservation system unit from the State of Alaska or the Mantanuska-Susitna Borough to enable Alexander Creek to select additional public lands within Alexander Creek's original withdrawal area in Alaska.
Requires the: (1) the account's initial balance to be the fair market value of the surface estate of certain deficiency selections made by Alexander Creek; and (2) subsurface estate to the lands conveyed to Alexander Creek to be conveyed to Cook Inlet Region, Incorporated.
Deems Alexander Creek, upon certification by the Secretary of the appraisal described in this Act, to have accepted the terms of this Act in lieu of any other land entitlement it could have received pursuant to ANCSA. Declares that such acceptance shall satisfy all claims of Alexander Creek against the United States.
Deems any land conveyed to Alexander Creek pursuant to this Act to be a conveyance pursuant to ANCSA. | To amend that Alaska Native Claims Settlement Act to recognize Alexander Creek as Native village, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Financial Policy
Committee For Fair Capital Standards Act''.
SEC. 2. UNITED STATES FINANCIAL POLICY COMMITTEE.
(a) Establishment.--There is hereby established an inter-agency
committee, to be known as the ``United States Financial Policy
Committee'' (hereafter in this Act referred to as the ``Committee''),
which shall consist of--
(1) the Secretary of the Treasury, who shall serve as the
Chairperson of the Committee;
(2) the Chairman of the Board of Governors of the Federal
Reserve System;
(3) the Comptroller of the Currency;
(4) the Chairperson of the Federal Deposit Insurance
Corporation; and
(5) the Director of the Office of Thrift Supervision.
(b) Purpose.--The purpose of the Committee is to develop uniform
United States positions on proposals made to, and issues before, the
Basel Committee on Banking Supervision that, if implemented, may
directly or indirectly affect United States financial institutions.
(c) Meetings.--The Committee shall meet before any meeting of the
Basel Committee on Banking Supervision that is related to, or is
expected to involve a discussion of, capital standards and at any other
time the Chairperson or any member of the Committee calls for a
meeting.
(d) Adherence to Committee Position.--
(1) In general.--Each member of the Committee that is a
participant on the Basel Committee on Banking Supervision shall
adhere to the positions of the Committee in any negotiations of
the Basel Committee on Banking Supervision.
(2) Lack of uniform position.--If the members of the
Committee that are participants on the Basel Committee on
Banking Supervision are unable to agree on a uniform position
on an issue, the position of the Secretary of the Treasury
shall be determinative for purposes of paragraph (1) with
respect to such issue.
(e) Reports to the Congress.--
(1) Annual report.--
(A) In general.--The Committee shall submit an
annual report to the Congress on the proceedings of the
Committee during the period covered by the report.
(B) Contents of report.--The report shall include--
(i) a brief description of issues that were
addressed by the Committee;
(ii) a brief description of the uniform
positions developed by the Committee with
respect to such issues; and
(iii) in the case of any issue for which a
uniform policy was not agreed to, a brief
description of the positions of the parties to
the disagreement and an explanation of the
reasons why the parties could not reach an
agreement.
(2) Reports to the congress prior to agreement on any basel
accord.--
(A) In general.--No Federal banking agency (as
defined in section 3(z) of the Federal Deposit
Insurance Act) may agree to any proposed recommendation
of the Basel Committee on Banking Supervision before
the agency submits a report on the proposed
recommendation to the Congress.
(B) Consultations.--The head of any Federal banking
agency that submits a report to the Congress under
subparagraph (A) shall consult with the Congress
concerning the proposal.
(3) Evaluation of new basel capital accord.--The Federal
banking agencies (as defined in section 3(z) of the Federal
Deposit Insurance Act), in consultation with the Secretary of
the Treasury, shall evaluate the impact of the revised Capital
Accord, taking into account the following factors, and shall
include such evaluation in the report:
(A) The cost and complexity of the proposal.
(B) The impact of the proposal on small, medium,
and large financial institutions.
(C) The impact of the proposal on real estate
markets.
(D) The effect of an operational risk capital
standard on the resilience of the Nation's financial
system and competition.
(E) The impact of the proposal on competition
between banks and other financial institutions.
(F) The need for additional training for
supervision and examination personnel.
(G) Any comments filed by the public after notice
and an opportunity to comment for a period of not less
than 60 days.
(H) The relative impact of compliance by domestic
banks.
(f) Administrative Support Services.--Each agency represented on
the Committee shall provide such administrative support services as may
be necessary for the Committee to carry out its responsibilities under
this Act.
SEC. 3. REPRESENTATION ON BASEL COMMITTEE ON BANKING SUPERVISION FOR
THE DIRECTOR OF THE OFFICE OF THRIFT SUPERVISION.
(a) In General.--Section 912 of the International Lending
Supervision Act of 1983 (12 U.S.C. 3911) is amended--
(1) by striking ``sec. 912. As one of the three'' and
inserting the following:
``(a) FDIC.--As one of the 4''; and
(2) by adding at the end the following new subsection:
``(b) Director of the Office of Thrift Supervision.--As 1 of the 4
Federal bank regulatory and supervisory agencies, the Director of the
Office of Thrift Supervision shall be given equal representation with
the Board of Governors of the Federal Reserve System, the Comptroller
of the Currency, and the Federal Deposit Insurance Corporation on the
Committee on Banking Regulations and Supervisory Practices of the Group
of Ten Countries and Switzerland.''.
(b) Technical and Conforming Amendment.--The heading for section
912 of the International Lending Supervision Act of 1983 (12 U.S.C.
3911) is amended to read as follows:
``SEC. 912. EQUAL REPRESENTATION FOR THE FDIC AND THE DIRECTOR OF THE
OFFICE OF THRIFT SUPERVISION.''. | United States Financial Policy Committee For Fair Capital Standards Act - Establishes the United States Financial Policy Committee as an inter-agency committee composed of: (1) the Secretary of the Treasury, who shall serve as the Chairperson of the Committee; (2) the Chairman of the Board of Governors of the Federal Reserve System; (3) the Comptroller of the Currency; (4) the Chairperson of the Federal Deposit Insurance Corporation; and (5) the Director of the Office of Thrift Supervision.
Directs the Committee to develop uniform U.S. positions on proposals made to, and issues before, the Basel Committee on Banking Supervision that, if implemented, may directly or indirectly affect United States financial institutions.
Requires the Committee to meet before any meeting of the Basel Committee that is related to, or is expected to involve, a discussion of capital standards.
Prohibits a member Federal banking agency from agreeing to any proposed recommendation of the Basel Committee before the agency reports on it to Congress.
Requires the Federal member banking agencies to employ prescribed criteria in their evaluation of the impact of any revised Basel capital accord.
Amends the International Lending Supervision Act of 1983 to add the Director of the Office of Thrift Supervision as one of the four Federal bank regulatory and supervisory agencies on the Committee on Banking Regulations and Supervisory Practices of the Group of Ten Countries and Switzerland. | To establish a mechanism for developing uniform United States positions on issues before the Basel Committee on Banking Supervision at the Bank for International Settlements, to require a review on the most recent recommendation of the Basel Committee for an accord on capital standards, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estate Tax Reduction Act of 2003''.
SEC. 2. 20 PERCENT REDUCTION IN ESTATE TAX RATES.
(a) In General.--Subsection (c) of section 2001 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(c) Rate Schedule.--
``If the amount with respect to The tentative tax is:
which the tentative tax is
to be computed is:
Not over $10,000...............
14.4% of such amount.
Over $10,000 but not over
$20,000.
$1,440, plus 16% of the excess
of such amount over
$10,000
Over $20,000 but not over
$40,000.
$3,040, plus 17.6% of the
excess of such amount
over $20,000
Over $40,000 but not over
$60,000.
$6,560, plus 19.2% of the
excess of such amount
over $40,000
Over $60,000 but not over
$80,000.
$10,400, plus 20.8% of the
excess of such amount
over $60,000
Over $80,000 but not over
$100,000.
$14,560, plus 22.4% of the
excess of such amount
over $80,000
Over $100,000 but not over
$150,000.
$19,040, plus 24% of the excess
of such amount over
$100,000
Over $150,000 but not over
$250,000.
$31,040, plus 25.6% of the
excess of such amount
over $150,000
Over $250,000 but not over
$500,000.
$56,640, plus 27.2% of the
excess of such amount
over $250,000
Over $500,000 but not over
$750,000.
$124,640, plus 29.6% of the
excess of such amount
over $500,000
Over $750,000 but not over
$1,000,000.
$198,640, plus 31.2% of the
excess of such amount
over $750,000
Over $1,000,000 but not over
$1,250,000.
$276,640, plus 32.8% of the
excess of such amount
over $1,000,000
Over $1,250,000 but not over
$1,500,000.
$358,640, plus 34.4% of the
excess of such amount
over $1,250,000
Over $1,500,000 but not over
$2,000,000.
$444,640, plus 36% of the
excess of such amount
over $1,500,000
Over $2,000,000................
$624,640, plus 39.2% of the
excess of such amount
over $2,000,000''.
(b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying, and gifts made, after the date of the
enactment of this Act.
SEC. 3. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $3,000,000 EXCLUSION;
INFLATION ADJUSTMENT OF UNIFIED CREDIT.
(a) Increase in Unified Credit.--Subsection (c) of section 2010 of
the Internal Revenue Code of 1986 (relating to applicable credit
amount) is amended by striking all that follows ``were the applicable
exclusion amount'' and inserting ``. For purposes of the preceding
sentence, the applicable exclusion amount is $3,000,000.''
(b) Inflation Adjustment.--Section 2010 of such Code is amended by
redesignating subsection (d) as subsection (e) and by inserting after
subsection (c) the following new subsection:
``(d) Cost-of-Living Adjustment.--In the case of any decedent
dying, and gift made, in a calendar year after 2003, the $3,000,000
amount set forth in subsection (c) shall be increased by an amount
equal to--
``(1) $3,000,000, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2002' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the nearest
multiple of $10,000.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act. | Estate Tax Reduction Act of 2003 - Amends the Internal Revenue Code to reduce estate taxes and increase the unified credit to $3 million, with an inflation adjustment. | To amend the Internal Revenue Code of 1986 to reduce estate tax rates by 20 percent, to increase the unified credit against estate and gift taxes to the equivalent of a $3,000,000 exclusion and to provide an inflation adjustment of such amount, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Fire Safety Right-to-Know Act
of 2003''.
SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (N), by striking ``and'' after
the semicolon;
(B) in subparagraph (O), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(P) the fire safety report prepared by the institution
pursuant to subsection (h).''; and
(2) by adding at the end the following:
``(h) Disclosure of Fire Safety Standards and Measures.--
``(1) Annual fire safety reports required.--Each eligible
institution participating in any program under this title
shall, beginning in academic year 2004-2005, and each year
thereafter, prepare, publish, and distribute, through
appropriate publications (including the Internet) or mailings,
to all current students and employees, and to any applicant for
enrollment or employment upon request, an annual fire safety
report containing not less than the following information with
respect to the campus fire safety practices and standards of
that institution:
``(A) A statement that identifies each student
housing facility of the institution, and whether or not
that facility is equipped with a fire sprinkler system
or another fire safety system, or both.
``(B) Statistics concerning the occurrence on
campus, during the 2 preceding academic years for which
data are available, of fires and false fire alarms in
student housing facilities.
``(C) For each such occurrence described in
subparagraph (B), a statement of the human injuries or
deaths and the structural damage caused by the
occurrence.
``(D) Information regarding fire alarms, smoke
alarms, the presence of adequate fire escape planning
or protocols (as defined in local fire codes), rules on
portable electrical appliances, smoking and open flames
(such as candles), regular mandatory supervised fire
drills, and planned and future improvement in fire
safety.
``(E) Information about fire safety education and
training provided to students, faculty, and staff,
including the percentage of students, faculty, and
staff who have participated in such education and
training.
``(F) Information concerning fire safety at student
fraternities and sororities that are recognized by the
institution, including--
``(i) information reported to the
institution under paragraph (4); and
``(ii) a statement concerning whether and
how the institution works with recognized
student fraternities and sororities to make
building and property owned or controlled by
such fraternities or sororities more fire safe.
``(2) Current information to campus community.--Each
institution participating in any program under this title shall
make, keep, and maintain a log, written in a form that can be
easily understood, recording all fires reported to local fire
departments, including the nature, date, time, and general
location of each fire and all false fire alarms. All entries
that are required pursuant to this paragraph shall, except
where disclosure of such information is prohibited by law, be
open to public inspection, and each such institution shall make
periodic reports to the campus community on such fires and
false fire alarms in a manner that will aid the prevention of
similar occurrences.
``(3) Reports to secretary.--On an annual basis, each
institution participating in any program under this title shall
submit to the Secretary a copy of the statistics required to be
made available under paragraph (1)(B). The Secretary shall--
``(A) review such statistics;
``(B) make copies of the statistics submitted to
the Secretary available to the public; and
``(C) in coordination with nationally recognized
fire organizations and representatives of institutions
of higher education, identify exemplary fire safety
policies, procedures, and practices and disseminate
information concerning those policies, procedures, and
practices that have proven effective in the reduction
of campus fires.
``(4) Fraternities and sororities.--Each institution
participating in any program under this title shall request
each fraternity and sorority that is recognized by the
institution to collect and report to the institution the
information described in subparagraphs (A) through (E) of
paragraph (1), as applied to the fraternity or sorority, for
each building and property owned or controlled by the
fraternity or sorority, respectively.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Secretary to require
particular policies, procedures, or practices by institutions
of higher education with respect to fire safety.
``(6) Definitions.--In this subsection, the term `campus'
has the meaning given the term in subsection (f)(6).''.
SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Education (in this section referred to as the
``Secretary'') shall prepare and submit to Congress a report
containing--
(1) an analysis of the current status of fire safety
systems in college and university facilities, including
sprinkler systems;
(2) an analysis of the appropriate fire safety standards to
apply to these facilities, which the Secretary shall prepare
after consultation with such fire safety experts,
representatives of institutions of higher education, and other
Federal agencies as the Secretary, in the Secretary's
discretion, considers appropriate;
(3) an estimate of the cost of bringing all nonconforming
dormitories and other campus buildings up to current new
building codes; and
(4) recommendations from the Secretary concerning the best
means of meeting fire safety standards in all college
facilities, including recommendations for methods to fund such
cost. | Campus Fire Safety Right-to-Know Act of 2003 - Amends the Higher Education Act of 1965 to require, beginning in academic year 2004-2005, each eligible institution participating in any program under the Act to provide to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing specified information about the campus fire safety practices and standards of that institution.
Requires such institutions to: (1) record all fires reported to local fire departments, including the nature, date, time, and general location of each fire and all false fire alarms; and (2) open such information to public inspection. Requires the institutions to report on such information periodically to the campus community in a manner that will aid the prevention of similar occurrences.
Requires the institutions to request their fraternities and sororities to collect and report such information for each building and property they own or control. | A bill to provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine in the Courtroom Act of
2007''.
SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS.
(a) Definitions.--In this section:
(1) Presiding judge.--The term ``presiding judge'' means
the judge presiding over the court proceeding concerned. In
proceedings in which more than 1 judge participates, the
presiding judge shall be the senior active judge so
participating or, in the case of a circuit court of appeals,
the senior active circuit judge so participating, except that--
(A) in en banc sittings of any United States
circuit court of appeals, the presiding judge shall be
the chief judge of the circuit whenever the chief judge
participates; and
(B) in en banc sittings of the Supreme Court of the
United States, the presiding judge shall be the Chief
Justice whenever the Chief Justice participates.
(2) Appellate court of the united states.--The term
``appellate court of the United States'' means any United
States circuit court of appeals and the Supreme Court of the
United States.
(b) Authority of Presiding Judge To Allow Media Coverage of Court
Proceedings.--
(1) Authority of appellate courts.--
(A) In general.--Except as provided under
subparagraph (B), the presiding judge of an appellate
court of the United States may, at the discretion of
that judge, permit the photographing, electronic
recording, broadcasting, or televising to the public of
any court proceeding over which that judge presides.
(B) Exception.--The presiding judge shall not
permit any action under subparagraph (A), if--
(i) in the case of a proceeding involving
only the presiding judge, that judge determines
the action would constitute a violation of the
due process rights of any party; or
(ii) in the case of a proceeding involving
the participation of more than 1 judge, a
majority of the judges participating determine
that the action would constitute a violation of
the due process rights of any party.
(2) Authority of district courts.--
(A) In general.--
(i) Authority.--Notwithstanding any other
provision of law, except as provided under
clause (iii), the presiding judge of a district
court of the United States may, at the
discretion of that judge, permit the
photographing, electronic recording,
broadcasting, or televising to the public of
any court proceeding over which that judge
presides.
(ii) Obscuring of witnesses.--Except as
provided under clause (iii)--
(I) upon the request of any witness
(other than a party) in a trial
proceeding, the court shall order the
face and voice of the witness to be
disguised or otherwise obscured in such
manner as to render the witness
unrecognizable to the broadcast
audience of the trial proceeding; and
(II) the presiding judge in a trial
proceeding shall inform each witness
who is not a party that the witness has
the right to request the image and
voice of that witness to be obscured
during the witness' testimony.
(iii) Exception.--The presiding judge shall
not permit any action under this subparagraph,
if that judge determines the action would
constitute a violation of the due process
rights of any party.
(B) No televising of jurors.--The presiding judge
shall not permit the televising of any juror in a trial
proceeding.
(3) Advisory guidelines.--The Judicial Conference of the
United States may promulgate advisory guidelines to which a
presiding judge, at the discretion of that judge, may refer in
making decisions with respect to the management and
administration of photographing, recording, broadcasting, or
televising described under paragraphs (1) and (2).
(4) Sunset of district court authority.--The authority
under paragraph (2) shall terminate 3 years after the date of
the enactment of this Act. | Sunshine in the Courtroom Act of 2007 - Authorizes the presiding judge of a U.S. appellate court or U.S. district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides except when such action would constitute a violation of the due process rights of any party.
Directs: (1) a district court, upon the request of any witness in a trial proceeding other than a party, to order the face and voice of the witness to be disguised or otherwise obscured to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (2) the presiding judge in a trial proceeding to inform each witness who is not a party of the right to make such request.
Authorizes the Judicial Conference of the United States to promulgate advisory guidelines to which a presiding judge may refer in making decisions regarding the management and administration of photographing, recording, broadcasting, or televising described in this Act. | To provide for media coverage of Federal court proceedings. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Lending and Credit
Availability Act of 1993''.
SEC. 2. LOAN GUARANTEES IN QUALIFIED STATES.
(a) Participation Authority.--Section 7(a) of the Small Business
Act (15 U.S.C. 636(a)) is amended by adding at the end the following
new paragraph:
``(22) Loan guarantees in qualified states.--
``(A) In general.--The Administration shall, in
accordance with the requirements of this paragraph,
participate on a guaranteed basis in loans under this
subsection to small business concerns in qualified
States.
``(B) Guarantee amounts.--In agreements to
participate on a guaranteed basis in loans described in
subparagraph (A), such participation by the
Administration shall be--
``(i) not less than 90 percent of the
balance of the loan outstanding at the time of
disbursement, if the loan is not less than
$200,000, nor more than $500,000; and
``(ii) not less than 95 percent of the
balance of the loan outstanding at the time of
disbursement, if the loan is less than
$200,000.
``(C) Temporary waiver of guarantee fees.--
``(i) First 2 fiscal years.--In each of the
first 2 fiscal years beginning after the date
of the enactment of this paragraph, the
Administration shall waive any guarantee fee in
connection with a loan described in
subparagraph (A).
``(ii) Remaining fiscal years.--In the 3rd,
4th, and 5th fiscal years beginning after the
date of the enactment of this paragraph, the
Administration may collect a guarantee fee in
connection with a loan described in
subparagraph (A) in an amount equal to not more
than 1 percent of the outstanding balance of
the guaranteed amount of the loan. Any such fee
shall be payable by the participating lending
institution and may be charged to the borrower.
``(D) Retention of fee percentage by lenders.--In
order to encourage lending institutions to make loans
to small business concerns in qualified States, the
Administration shall permit lending institutions to
retain, on loans described in subparagraph (A) of
$200,000 or less, \1/2\ of any fee to be paid to the
Administration under subparagraph (C)(ii).
``(E) Presumption.--For a loan described in
subparagraph (A), any reasonable doubt as to the
ability of an applicant to repay the loan shall be
resolved in favor of the applicant.
``(F) Applicability.--The provisions of this
paragraph shall be in effect in each of the first 5
fiscal years beginning after the date of the enactment
of this paragraph. For such period, provisions of this
section which are inconsistent with this paragraph
shall not apply.
``(G) Definitions.--For purposes of this paragraph,
the following definitions apply:
``(i) Insured depository institution.--The
term `insured depository institution'--
``(I) has the same meaning as in
section 3 of the Federal Deposit
Insurance Act; and
``(II) includes an insured credit
union, as defined in section 101 of the
Federal Credit Union Act.
``(ii) State.--The term `State' means each
of the several States and the District of
Columbia.
``(iii) Qualified state.--The term
`qualified State' means any State in which--
``(I) during the 12-month period
ending on the date of enactment of this
paragraph, 1 or more insured depository
institutions having combined total
assets of not less than $100,000,000
closed due to an inability to meet the
demands of depositors; or
``(II) during the 12-month period
ending on the date of enactment of this
paragraph, 2 or more insured depository
institutions having combined total
assets of not less than $150,000,000
closed due to an inability to meet the
demands of depositors.''. | Small Business Lending and Credit Availability Act of 1993 - Amends the Small Business Act to direct the Small Business Administration (SBA) to participate in loans to small businesses located in States in which one or more insured depository institutions have been closed due to inability to meet depositor demands. Directs the SBA to guarantee 90 percent of any such loan for amounts between $200,000 and $500,000, and 95 percent of any such loan for amounts less than $200,000. Prohibits the SBA from collecting a guarantee fee from the lending institution or the borrower for such loan participation during the first two years of such participation, with a one percent (of the loan) fee permitted for the third through fifth years. Authorizes lenders to retain one-half of any fee so collected in order to encourage lenders to provide loans to small businesses located in areas of failed depository institutions. Limits the loan participation program to five years. | Small Business Lending and Credit Availability Act of 1993 |
.
Chapter 13 of title 31, United States Code, is amended by inserting
after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill or continuing resolution
for a fiscal year does not become law before the beginning of such
fiscal year, there is appropriated, out of any moneys in the Treasury
not otherwise appropriated, and out of applicable corporate or other
revenues, receipts, and funds, such sums as may be necessary to
continue any project or activity for which funds were provided in the
preceding fiscal year--
``(A) in the corresponding regular appropriation Act or
continuing resolution for such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill or
continuing resolution for such preceding fiscal year did not
become law, then pursuant to this section.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of--
``(A) the rate of operations provided for in the regular
appropriation Act or continuing resolution providing for such
project or activity for the preceding fiscal year, or
``(B) in the absence of such an Act or continuing
resolution, the rate of operations provided for such project or
activity pursuant to this section for such preceding fiscal
year.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of such fiscal year and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill or continuing resolution for such fiscal
year becomes law (whether or not such law provides for such
project or activity), and
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made, funds made available, or authority
granted for such project or activity for the preceding fiscal year.
``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or continuing resolution providing for such project or activity
for such period becomes law.
``(e) No appropriation is made by reason of subparagraph (B) of
subsection (a)(1) for a fiscal year for any project or activity for
which there is no authorization of appropriations for such fiscal year.
``(f) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period, or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(g) For purposes of this section:
``(1) The term `regular appropriation bill' means any
regular appropriation bill (within the meaning given to such
term in section 307 of the Congressional Budget Act of 1974 (2
U.S.C. 638)) making appropriations, otherwise making funds
available, or granting authority, for any of the following
categories of projects and activities:
``(A) Agriculture, rural development, and related
agencies programs.
``(B) The Departments of Commerce, Justice, and
State, the Judiciary, and related agencies.
``(C) The Department of Defense.
``(D) The government of the District of Columbia
and other activities chargeable in whole or in part
against the revenues of the District.
``(E) The Departments of Labor, Health and Human
Services, and Education, and related agencies.
``(F) The Department of Housing and Urban
Development, and sundry independent agencies, boards,
commissions, corporations, and offices.
``(G) Energy and water development.
``(H) Foreign assistance and related programs.
``(I) The Department of the Interior and related
agencies.
``(J) Military construction.
``(K) The Department of Transportation and related
agencies.
``(L) The Treasury Department, the U.S. Postal
Service, the Executive Office of the President, and
certain independent agencies.
``(M) The legislative branch.
``(2) The term `continuing resolution' means any joint
resolution making continuing appropriations for all or part of
any fiscal year.''.
SEC. 2. CONFORMING AMENDMENT.
The analysis of chapter 13 of title 31, United States Code, is
amended by inserting after the item relating to section 1310 the
following new item:
``1311. Continuing appropriations.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to fiscal years
beginning after September 30, 1995. | Provides for an automatic continuing appropriation for the U.S. Government whenever a regular appropriation bill or continuing resolution for a fiscal year does not become law prior to the beginning of such fiscal year. Appropriates such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year in the amount provided: (1) in the corresponding regular appropriation Act or continuing resolution for such preceding fiscal year; or (2) if such corresponding appropriation bill or continuing resolution did not become law, then as provided by this Act.
Sets forth the terms and conditions relating to such continuing appropriations. Prohibits funding for any project or activity: (1) for which there is no authorization of appropriations for such fiscal year; or (2) during a fiscal year if any other provision of law makes an appropriation, makes funds available, grants continuation authority, or specifically prohibits funding or authority for such project or activity. | To amend title 31, United States Code, to provide an automatic continuing appropriation for the United States Government. |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Since 1975, title XX of the Social Security Act (42
U.S.C. 1397 et seq.), commonly referred to as the Social
Services Block Grant (in this section referred to as ``SSBG''),
has authorized funding for social services to ensure that at-
risk children and families, the elderly, and physically and
mentally disabled individuals remain stable, independent, and
economically self sufficient. In 1981, Congress and the Reagan
Administration converted SSBG into a block grant designed to
give maximum flexibility to States to serve these fundamental
purposes.
(2) Funds provided under the SSBG focus cost-effective
support at the community level that prevents the need for
inappropriate institutional care which is more costly for
Federal and State programs such as the medicaid, medicare, and
the social services disability benefits programs.
(3) The SSBG helps to further the goals set forth in the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (Public Law 104-193; 110 Stat. 2105) by supporting
Temporary Assistance to Needy Families (TANF) and support-
related programs such as on-the-job training, child care,
transportation, counseling, and other services that facilitate
long-term family stability and economic self sufficiency.
(4) The SSBG provides essential funding to many States for
child welfare services that support the goals of the Adoption
and Safe Families Act of 1997 (Public Law 105-89; 111 Stat.
2115) to promote a safe family environment and encourage
adoption to move children into stable and permanent families.
(5) The SSBG helps promote independent living for
vulnerable and low-income elderly individuals by supporting
home care services, including home-delivered meals, adult
protective services, adult day care, and other essential case
management services provided in every State.
(6) It is reported that 820,000 older Americans are abused
and neglected in this country each year. There are additional
concerns about the under reporting of elderly abuse and
neglect. The SSBG supports adult protective services that
prevent widespread abuse and neglect of older Americans and
help more than 651,000 elderly individuals in 31 States.
(7) More than 570,000 disabled individuals receive a range
of community-based services and supports nationwide. The SSBG
provides significant resources to fill the funding gaps in the
developmental disabilities system by supporting such services
as early intervention and crisis intervention, adult day care,
respite care, transportation, employment training, and
independent living services in 38 States.
(8) The SSBG supports essential mental health and related
services to ensure that vulnerable adults and children receive
early intervention to prevent more serious and costly mental
health crises in the future. Such services include the
provision of counseling to almost 400,000 adults and children,
case management services for nearly 900,000 families, and the
provision of information and referral assistance to more than
1,300,000 individuals.
(9) There are nearly 3,000,000 reports of child abuse and
neglect each year There are currently over 300,000 children in
the American foster care system. The SSBG enables the provision
of child protective services to 1,300,000 children, adoption
services to over 150,000 children and families, and prevention
and intervention services to more than 700,000 families.
(10) The SSBG has been eroded by more than $1,000,000,000
over the last 6 years resulting in cuts in services in many
States and local communities.
(11) Temporary Assistance to Needy Families (TANF) block
grants cannot be used to make up cuts to the SSBG because a
large percentage of SSBG funds are used for the elderly,
disabled, and other populations that are ineligible for TANF
funds.
(12) The 104th Congress made a commitment to the SSBG in
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 by authorizing the program at $2,380,000,000
through fiscal year 2002 and returning the authorization for
the program to $2,800,000,000 in fiscal year 2003 and each
succeeding fiscal year.
SEC. 2. RESTORATION OF AUTHORITY TO TRANSFER UP TO 10 PERCENT OF TANF
FUNDS TO THE SOCIAL SERVICES BLOCK GRANT FOR FISCAL YEAR
2002.
(a) In General.--Section 404(d)(2)(B) of the Social Security Act
(42 U.S.C. 604(d)(2)(B)) is amended by striking ``4.25'' and inserting
``10''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2001.
SEC. 3. RESTORATION OF FUNDS FOR THE SOCIAL SERVICES BLOCK GRANT.
(a) In General.--Section 2003(c) of the Social Security Act (42
U.S.C. 1397b(c)) is amended by striking paragraphs (10) and (11) and
inserting the following:
``(10) $1,775,000,000 for the fiscal year 2000;
``(11) $1,725,000,000 for the fiscal year 2001; and
``(12) $2,380,000,000 for the fiscal year 2002 and each
succeeding fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2001.
SEC. 4. REQUIREMENT TO SUBMIT ANNUAL REPORT ON STATE ACTIVITIES.
(a) In General.--Section 2006(c) of the Social Security Act (42
U.S.C. 1397e(c)) is amended by adding at the end the following: ``The
Secretary shall compile the information submitted by the States and
submit that information to Congress on an annual basis.''.
(b) Effective Date.--The amendment made by subsection (a) applies
to information submitted by States under section 2006 of the Social
Security Act (42 U.S.C. 1397e) with respect to fiscal year 2000 and
each fiscal year thereafter. | Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to increase from 4.25 percent to ten percent the amount of TANF funds a State may transfer to carry out State programs under SSA title XX (Block Grants to States for Social Services) for FY 2002.Amends SSA title XX to: (1) increase the authorization of appropriations for States and territories for FY 2001, 2002, and succeeding fiscal years; and (2) require the Secretary of Health and Human Services to compile information on State activities carried out under SSA title XX and report it annually to Congress. | To amend titles IV and XX of the Social Security Act to restore funding for the Social Services Block Grant, and restore for fiscal year 2002 the ability of States to transfer up to 10 percent of funds from the program of block grants to States for temporary assistance for needy families to carry out activities under the Social Services Block Grant. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medication Therapy Management
Empowerment Act of 2013''.
SEC. 2. IMPROVED ACCESS TO MEDICATION THERAPY MANAGEMENT UNDER PART D
OF THE MEDICARE PROGRAM.
Section 1860D-4(c)(2) of the Social Security Act (42 U.S.C. 1395w-
104(c)(2)) is amended--
(1) in subparagraph (A)(ii)(I), by striking ``have'' and
inserting ``subject to subparagraph (H), have''; and
(2) by adding at the end the following new subparagraph:
``(H) Expansion of definition of targeted
beneficiary the expansion reduces spending.--
``(i) CMS actuary report.--Not later than
January 1, 2014, the Chief Actuary of the
Centers for Medicare & Medicaid Services (in
this subparagraph referred to as the `Chief
Actuary') shall submit to the Secretary and to
Congress a report on whether or not the
expansion described in clause (ii) would, if
implemented, reduce expenditures under this
title. If the Chief Actuary determines that
such expansion would reduce spending under this
title, such report shall include a
certification of such determination.
``(ii) Expansion described.--The expansion
described in this clause is an expansion of the
definition of targeted beneficiary under
subparagraph (A)(ii) by applying subclause (I)
of such subparagraph as if the following were
inserted before the semicolon at the end: `or a
single chronic disease that accounts for high
spending under this title, including diabetes,
hypertension, heart failure, dyslipidemia,
respiratory disease (such as asthma, chronic
obstructive pulmonary disease, or chronic lung
disorders), bone disease-arthritis (such as
osteoporosis or osteoarthritis), rheumatoid
arthritis, and mental health (such as
depression, schizophrenia, or bipolar
disorder)'.
``(iii) Application if the chief actuary
determines that the expansion reduces
spending.--If the report under clause (i)
contains the certification described in such
clause, the following rules shall apply:
``(I) Implementation of
expansion.--Subject to subclause (III),
effective with respect to plan years
beginning on or after January 1, 2015,
subparagraph (A)(ii)(I) shall be
applied to include the expansion
described in clause (ii).
``(II) Updated cms actuary report
based on implementation.--Not later
than March 1, 2020, the Chief Actuary
shall submit to the Secretary and to
Congress a report on the implementation
of the expansion under subclause (I).
Such report shall include an analysis
of whether or not such expansion
reduces spending under this title.
``(III) Authority to terminate
expansion if the expansion does not
reduce spending.--If the Chief Actuary
determines in the report under
subclause (II) that the expansion does
not reduce spending under this title,
the Secretary may, effective with
respect to plan years beginning on or
after January 1, 2021, apply
subparagraph (A)(ii)(I) as if this
subparagraph had never been enacted. In
making the determination under the
preceding sentence, the Secretary shall
take into account whether such
expansion improves the quality of care
furnished to, and the health outcomes
of, individuals eligible for services
under a medication therapy management
program by reason of such expansion.''. | Medication Therapy Management Empowerment Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Chief Actuary of the Centers for Medicare and Medicaid Services to report to the Secretary of Health and Human Services (HHS) and to Congress on whether or not the expansion of the definition of targeted beneficiary, with respect to medication therapy management, would, if implemented, reduce spending under Medicare. Requires the report to include a certification of any determination by the Chief Actuary that such expansion would reduce such spending. Specifies such an expansion as targeted beneficiaries with a single chronic disease that accounts for high Medicare spending, including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease (such as asthma, chronic obstructive pulmonary disease, or chronic lung disorders), bone disease-arthritis (such as osteoporosis or osteoarthritis), rheumatoid arthritis, and mental health (such as depression, schizophrenia, or bipolar disorder). (Currently a targeted beneficiary must have multiple chronic diseases.) Requires such an expansion to take place if the report contains the certification indicated. | Medication Therapy Management Empowerment Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Seafood Consumer
Protection Act''.
SEC. 2. SEAFOOD SAFETY.
(a) In General.--The Secretary of Commerce shall, in coordination
with the Secretary of Health and Human Services and other appropriate
Federal agencies, establish a program to strengthen Federal activities
for ensuring that commercially distributed seafood in the United States
meets the food quality and safety requirements of Federal law.
(b) Memorandum of Understanding.--The Secretary of Commerce and the
Secretary of Health and Human Services shall enter into an agreement
within 180 days after enactment of this Act to strengthen cooperation
on seafood safety. The agreement shall include provisions for--
(1) cooperative arrangements for examining and testing
seafood imports;
(2) coordination of inspections of foreign facilities;
(3) technical assistance and training of foreign facilities
for marine aquaculture, technical assistance for foreign
governments concerning United States regulatory requirements,
and appropriate information transfer arrangements between the
United States and foreign governments;
(4) developing a process for expediting imports of seafood
into the United States from foreign countries and exporters
that consistently adhere to the highest standards for ensuring
seafood safety;
(5) establishing a system to track shipments of seafood in
the distribution chain within the United States;
(6) labeling requirements to assure species identity and
prevent fraudulent practices;
(7) a process by which officers and employees of the
National Oceanic and Atmospheric Administration and National
Marine Fisheries Service shall be commissioned by the Secretary
of Health and Human Services for seafood examinations and
investigations conducted under section 801 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381);
(8) the sharing of information concerning observed non-
compliance with United States food requirements domestically
and in foreign countries and new regulatory decisions and
policies that may affect regulatory outcomes; and
(9) conducting joint training on subjects that affect and
strengthen seafood inspection effectiveness by Federal
authorities.
SEC. 3. CERTIFIED LABORATORIES.
Within 180 days after the date of enactment of this Act, the
Secretary of Commerce, in consultation with the Secretary of Health and
Human Services, shall increase the number of laboratories certified to
the standards of the Food and Drug Administration in the United States
and in countries that export seafood to the United States for the
purpose of analyzing seafood and ensuring that it complies with Federal
law. Such laboratories may include Federal, State, and private
facilities. The Secretary of commerce shall publish in the Federal
Register a list of certified laboratories, and shall update the list,
and publish the updated list, no less frequently than annually.
SEC. 4. NOAA LABORATORIES.
In any fiscal year beginning after the date of enactment of this
Act, the Secretary of Commerce shall increase the number and capacity
of laboratories operated by the National Oceanic and Atmospheric
Administration involved in carrying out testing and other activities
under this Act to the extent the Secretary determines that increased
laboratory capacity is necessary to carry out the provisions of this
Act and as provided for in appropriations Acts.
SEC. 5. CONTAMINATED SEAFOOD.
(a) Refusal of Entry.--The Secretary of Health and Human Services
shall issue an order refusing admission into the United States of all
imports of seafood or seafood products originating from a country or
exporter if the Secretary determines, on the basis of reliable
evidence, that shipments of such seafood or seafood products is not
likely to meet the requirements of Federal law.
(b) Increased Testing.--If the Secretary determines, on the basis
of reliable evidence that seafood imports originating from a country
may not meet the requirements of Federal law, and determines that there
is a lack of adequate certified laboratories to provide for the entry
of shipments pursuant to section 3, then the Secretary shall order an
increase in the percentage of shipments tested of seafood originating
from such country to improve detection of potential violations of such
requirements.
(c) Allowance of Individual Shipments From Exporting Country or
Exporter.--Notwithstanding an order under subsection (a) with respect
to seafood originating from a country or exporter, the Secretary may
permit individual shipments of seafood originating in that country or
from that exporter to be admitted into the United States if--
(1) the exporter presents evidence from a laboratory
certified by the Secretary that a shipment of seafood meets the
requirements of Federal law; and
(2) the Secretary, or an entity commissioned to carry out
examinations and investigations under section 702(a) of the
Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)), has
inspected the shipment and has found that the shipment meets
the requirements of Federal law.
(d) Cancellation of Order.--The Secretary shall cancel an order
under subsection (a) with respect to seafood exported from a country or
exporter if all shipments into the United States under subsection (c)
of seafood originating in that country or from that exporter more than
1 year after the date on which the Secretary issued the order have been
found, under the procedures described in subsection (c), to meet the
requirements of Federal law. If the Secretary determines that an
exporter has failed to comply with the requirements of an order under
subsection (a), the 1-year period in the preceding sentence shall run
from the date of that determination rather than the date on which the
order was issued.
(e) Reliable Evidence Defined.--In this section, the term
``reliable evidence'' includes--
(1) the detection of failure to meet Federal law
requirements under subsection (a) by the Secretary;
(2) the detection of all seafood products that fail to meet
Federal law requirements by an entity commissioned to carry out
examinations and investigations under section 702(a) of the
Federal Food, Cosmetic, and Drug Act (21 U.S.C. 372(a)) or a
laboratory certified under subsection (c);
(3) findings from an inspection team formed under section
6; or
(4) the detection by other importing countries of non-
compliance of shipments of seafood or seafood products that
originate from the exporting country or exporter.
(f) Effect.--This section shall be in addition to, and shall have
no effect on, the authority of the Secretary of Health and Human
Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.) with respect to seafood, seafood products, or any other
product.
SEC. 6. INSPECTION TEAMS.
The Secretary of Commerce, in cooperation with the Secretary of
Health and Human Services, shall send 1 or more inspectors to a country
or exporter from which seafood exported to the United States
originates. The inspection team will assess whether any prohibited
drug, practice, or process is being used in connection with the
farming, cultivation, harvesting, preparation for market, or
transportation of such seafood. The inspection team shall prepare a
report for the Secretary with its findings. The Secretary of Commerce
shall cause the report to be published in the Federal Register no later
than 90 days after the inspection team makes its final report. The
Secretary of Commerce shall notify the country or exporter through
appropriate means as to the findings of the report no later than the
date on which the report is published in the Federal Register. A
country may offer a rebuttal to the assessment within 90 days after
publication of the report.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of fiscal years
2009 through 2013, for purposes of carrying out the provisions of this
Act, $15,000,000. | Commercial Seafood Consumer Protection Act - Directs the Secretary of Commerce (Secretary) to establish a program to strengthen federal activities for ensuring that commercially distributed seafood meets federal food quality and safety requirements.
Directs the Secretary and the Secretary of Health and Human Services to enter into an agreement to strengthen cooperation on seafood safety, including regarding testing, inspections of foreign facilities, technical assistance of foreign facilities, establishing a distribution chain tracking system, and labeling.
Directs the Secretary to increase the number of laboratories certified to Food and Drug Administration (FDA) standards.
Directs the Secretary to increase the number and capacity of laboratories operated by the National Oceanic and Atmospheric Administration (NOAA) involved in testing and other activities under this Act, as provided for in appropriations Acts.
Directs the Secretary of Health and Human Services to refuse admission of all imports of seafood or seafood products originating from a country or exporter if that Secretary determines the shipments are not likely to meet federal requirements. Allows admittance of individual shipments from that country or exporter on evidence from an inspection or a certified laboratory.
Authorizes the Secretary to send inspectors to an originating country or exporter. | To improve the protections afforded under Federal law to consumers from contaminated seafood by directing the Secretary of Commerce to establish a program, in coordination with other appropriate Federal agencies, to strengthen activities for ensuring that seafood sold or offered for sale to the public in or affecting interstate commerce is fit for human consumption. |
SECTION 1. BULLYING AND HARASSMENT PREVENTION POLICIES, PROGRAMS, AND
STATISTICS.
(a) State Reporting Requirements.--Section 4112(c)(3)(B)(iv) of the
Safe and Drug-Free Schools and Communities Act (20 U.S.C.
7112(c)(3)(B)(iv)) is amended by inserting ``, including bullying and
harassment,'' after ``violence''.
(b) State Application.--Section 4113(a) of such Act (20 U.S.C.
7113(a)) is amended--
(1) in paragraph (9)--
(A) in subparagraph (C), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(E) the incidence and prevalence of reported
incidents of bullying and harassment; and
``(F) the perception of students regarding their
school environment, including with respect to the
prevalence and seriousness of incidents of bullying and
harassment and the responsiveness of the school to
those incidents;'';
(2) in paragraph (18), by striking ``and'' at the end;
(3) in paragraph (19), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(20) provides an assurance that the State educational
agency will provide assistance to districts and schools in
their efforts to prevent and appropriately respond to incidents
of bullying and harassment and describes how the agency will
meet this requirement.''.
(c) Local Educational Agency Program Application.--Section 4114(d)
of such Act (20 U.S.C. 7114(d)) is amended--
(1) in paragraph (2)(B)(i)--
(A) in the matter preceding subclause (I), by
striking the semicolon and inserting a comma;
(B) in subclause (I), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(III) performance indicators for
bullying and harassment prevention
programs and activities; and''; and
(2) in paragraph (7)--
(A) in subparagraph (A), by inserting ``, including
bullying and harassment'' after ``disorderly conduct'';
(B) in subparagraph (D), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(F) annual notice to parents and students
describing the full range of prohibited conduct
contained in the discipline policies described in
subparagraph (A); and
``(G) complaint procedures for students or parents
that seek to register complaints regarding the
prohibited conduct contained in the discipline policies
described in subparagraph (A), including--
``(i) the name of the school or district
officials who are designated as responsible for
receiving such complaints; and
``(ii) timelines that the school or
district will follow in the resolution of such
complaints;''.
(d) Authorized Activities.--Section 4115(b)(2) of such Act (20
U.S.C. 7115(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(viii) teach students about the
consequences of bullying and harassment.''; and
(2) in subparagraph (E), by adding at the end the
following:
``(xxiii) Programs that address the causes
of bullying and harassment and that train
teachers, administrators, and counselors
regarding strategies to prevent bullying and
harassment and to effectively intervene when
such incidents occur.''.
(e) Reporting.--Section 4116(a)(2)(B) of such Act (20 U.S.C.
7116(a)(2)(B)) is amended by inserting ``, including bullying and
harassment,'' after ``drug use and violence''.
(f) Impact Evaluation.--Section 4122 of such Act (20 U.S.C. 7132)
is amended--
(1) in subsection (a)(2), by striking ``and school
violence'' and inserting ``school violence, including bullying
and harassment,''; and
(2) in the first sentence of subsection (b), by inserting
``, including bullying and harassment,'' after ``drug use and
violence''.
(g) Definitions.--
(1) Drug and violence prevention.--Paragraph (3)(B) of
section 4151 of such Act (20 U.S.C. 7151) is amended by
inserting ``, bullying, and other harassment'' after ``sexual
harassment and abuse''.
(2) Protective factor, buffer, or asset.--Paragraph (6) of
such section is amended by inserting ``, including bullying and
harassment'' after ``violent behavior''.
(3) Risk factor.--Paragraph (7) of such section is amended
by inserting ``, including bullying and harassment'' after
``violent behavior''.
(4) Bullying, harassment, and violence.--Such section is
further amended by adding at the end the following:
``(12) Bullying.--The term `bullying' means conduct,
including conduct that is based on a student's actual or
perceived identity with regard to race, color, national origin,
gender, disability, sexual orientation, religion, or any other
distinguishing characteristics that may be defined by a State
or local educational agency, that--
``(A) is directed at one or more students;
``(B) substantially interferes with educational
opportunities or educational programs of such students;
and
``(C) adversely affects the ability of a student to
participate in or benefit from the school's educational
programs or activities by placing a student in
reasonable fear of physical harm.
``(13) Harassment.--The term `harassment' means conduct,
including conduct that is based on a student's actual or
perceived identity with regard to race, color, national origin,
gender, disability, sexual orientation, religion, or any other
distinguishing characteristics that may be defined by a State
or local educational agency, that--
``(A) is directed at one or more students;
``(B) substantially interferes with educational
opportunities or educational programs of such students;
and
``(C) adversely affects the ability of a student to
participate in or benefit from the school's educational
programs or activities because the conduct as
reasonably perceived by the student is so severe,
pervasive, and objectively offensive.
``(14) Violence.--The term `violence' includes bullying and
harassment.''.
(h) Effect on Other Laws.--
(1) Amendment.--The Safe and Drug-Free Schools and
Communities Act (20 U.S.C. 7101 et seq.) is amended by adding
at the end the following:
``SEC. 4156. EFFECT ON OTHER LAWS.
``(a) Federal and State Nondiscrimination Laws.--Nothing in this
part shall be construed to alter legal standards regarding, or limit
rights available to victims of, bullying or harassment under other
Federal or State laws, including title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of
1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), or the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
``(b) Free Speech and Expression Laws.--Nothing in this part shall
be construed to alter legal standards regarding, or affect the rights
available to individuals under, other Federal laws that establish
protections for freedom of speech and expression.''.
(2) Clerical amendment.--The table of contents of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by adding after the item relating to
section 4155 the following:
``Sec. 4156. Effect on other laws.''. | Amends the Safe and Drug-Free Schools and Communities Act to: (1) include bullying and harassment under the definition of violence; and (2) provide for programs to address and prevent bullying and harassment. | To amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dirty Bomb Prevention Act''.
SEC. 2. RADIATION SOURCE PROTECTION.
(a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following new
section:
``Sec. 170C. Radiation Source Protection.--
``a. Task Force on Sealed Source Protection.--
``(1) Establishment.--There is hereby established a task
force on sealed source protection.
``(2) Membership.--The task force shall be headed by the
Chairman of the Commission or his designee. Its members shall
be the following:
``(A) The Secretary of Defense or his designee.
``(B) The Secretary of Transportation or his
designee.
``(C) The Attorney General or his designee.
``(D) The Secretary of State or his designee.
``(E) The Director of the Central Intelligence
Agency or his designee.
``(F) The Director of the Federal Emergency
Management Agency or his designee.
``(G) The Director of the Federal Bureau of
Investigation or his designee.
``(H) The Homeland Security Officer or his
designee.
``(3) Duties.--
``(A) In general.--The task force, in consultation
with other State, Federal, and local agencies and
members of the public, as appropriate, shall evaluate
and provide recommendations to ensure the security of
sealed sources from potential terrorist threats,
including acts of sabotage, theft, or use of such
sources in a radiological dispersal device.
``(B) Recommendations to congress and the
president.--Not later than 180 days after the date of
the enactment of this section, and not less than once
every 3 years thereafter, the task force shall submit a
report to Congress and to the President, in
unclassified form with a classified annex if necessary,
providing recommendations, including recommendations
for appropriate regulatory and legislative changes,
for--
``(i) the establishment of or modifications
to a classification system for sealed sources
based on their potential attractiveness to
terrorists and the extent of the threat to
public health and safety, taking into account
sealed source radioactivity levels,
dispersability, chemical and material form, and
other factors as appropriate;
``(ii) the establishment of or
modifications to a national system for recovery
of sealed sources that have been lost or
stolen, taking into account the classification
system established under clause (i);
``(iii) the storage of sealed sources not
currently in use in a safe and secure manner;
``(iv) the establishment of or modification
to a national tracking system for sealed
sources, taking into account the classification
system established under clause (i);
``(v) the establishment of or modifications
to a national system to impose fees to be
collected from users of sealed sources, to be
refunded when the sealed sources are returned
or properly disposed of, or any other method to
ensure the return or proper disposal of sealed
sources;
``(vi) any modifications to export controls
on sealed sources necessary to ensure that
foreign recipients of sealed sources are able
and willing to control United States-origin
sealed sources in the same manner as United
States recipients;
``(vii) whether alternative technologies
are available that can perform some or all of
the functions currently performed by devices
that employ sealed sources, and if so, the
establishment of appropriate regulations and
incentives for the replacement of such devices
with alternative technologies in order to
reduce the number of sealed sources in the
United States; and
``(viii) the creation of or modifications
to procedures for improving the security of
sealed sources in use, transportation, and
storage, which may include periodic Commission
audits or inspections to ensure that sealed
sources are properly secured and can be fully
accounted for, Commission evaluation of
security measures, increased fines for
violations of Commission regulations relating
to security and safety measures applicable to
licensees who possess sealed sources,
background checks for certain individuals with
access to sealed sources, assurances of the
physical security of facilities that contain
sealed sources, and the screening of shipments
to facilities particularly at risk for sabotage
of sealed sources to ensure that they do not
contain explosives.
``b. Commission Actions.--Not later than 60 days after receipt by
Congress and the President of the report required under subsection
a.(3)(B), the Commission, in accordance with the recommendations of the
task force, shall take any appropriate actions, including commencing
revision of its system for licensing sealed sources, and shall take
necessary steps to ensure that States that have entered into an
agreement under section 274 b. establish compatible programs in a
timely manner.
``c. National Academy of Sciences Study.--Not later than 60 days
after the date of the enactment of this section, the Commission shall
enter into an arrangement with the National Academy of Sciences for a
study of industrial, research, and commercial uses for sealed sources.
The study shall review the current uses for sealed sources, identifying
industrial or other processes that utilize sealed sources that could be
replaced with economically and technically equivalent (or improved)
processes that do not require the use of radioactive materials. The
Commission shall transmit the results of the study to Congress within
24 months after the date of the enactment of this section.
``d. Definition.--For purposes of this section, the term `sealed
source' means any byproduct material or special nuclear material
encased in a capsule designed to prevent leakage or escape of the
material, except that such term does not include fuel or spent fuel.''.
(b) Table of Sections Amendment.--The table of sections of the
Atomic Energy Act of 1954 is amended by adding at the end of the items
relating to chapter 14 the following new items:
``Sec. 170B. Uranium supply.
``Sec. 170C. Radiation source protection.''. | Dirty Bomb Prevention Act - Amends the Atomic Energy Act of 1954 to establish a task force on sealed source protection (byproduct material or special nuclear material encased in a capsule designed to prevent leakage or escape of the material).Requires the task force to evaluate and make recommendations to ensure the security of sealed sources from potential terrorist threats, including acts of sabotage, theft, or use of such sources in a radiological dispersal device.Directs the Nuclear Regulatory Commission to arrange with the National Academy of Sciences for a study of industrial, research, and commercial uses for sealed sources. | To establish a task force to evaluate and make recommendations with respect to the security of sealed sources of radioactive materials, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electric Charging Advancement Reform
Act'' or as the ``E-Car Act''.
SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR ELECTRIC CAR
RECHARGING PROPERTY.
(a) In General.--Section 30C of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 30C. ELECTRIC VEHICLE RECHARGING PROPERTY CREDIT.
``(a) Credit Allowed.--There shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an amount equal to
50 percent of the cost of any qualified electric vehicle recharging
property placed in service by the taxpayer during the taxable year.
``(b) Limitation.--The credit allowed under subsection (a) with
respect to all qualified electric vehicle recharging property placed in
service by the taxpayer during the taxable year at a location shall not
exceed--
``(1) in the case of a property of a character subject to
an allowance for depreciation, the greater of--
``(A) $100,000, or
``(B) $10,000 multiplied by the number of devices
placed in service at the location by the taxpayer
during the taxable year, and
``(2) $2,000 in any other case.
``(c) Qualified Electric Vehicle Recharging Property.--For purposes
of this section, the term `qualified electric vehicle recharging
property' means any property (not including a building) if--
``(1) such property is--
``(A) of a character subject to the allowance for
depreciation, or
``(B) installed on property which is used as the
principal residence (within the meaning of section 121)
of the taxpayer,
``(2) the original use of such property begins with the
taxpayer, and
``(3) such property is for the recharging of motor vehicles
propelled by electricity (including property relating to
providing electricity for such recharging or otherwise
necessary for such recharging property).
``(d) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to property of a
character subject to an allowance for depreciation shall be
treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(2) Personal credit.--
``(A) In general.--For purposes of this title, the
credit allowed under subsection (a) for any taxable
year (after the application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such
taxable year.
``(B) Limitation based on amount of tax.--In the
case of a taxable year to which section 26(a)(2) does
not apply, the credit allowed under subsection (a) for
any taxable year (determined after application of
paragraph (1)) shall not exceed the excess of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A (other than this section and
sections 25D and 30D) and section 27 for the
taxable year.
``(e) Special Rules.--For purposes of this section--
``(1) Basis reduction.--The basis of any property shall be
reduced by the portion of the cost of such property taken into
account under subsection (a).
``(2) Property used by tax-exempt entity.--In the case of
any qualified electric vehicle recharging property the use of
which is described in paragraph (3) or (4) of section 50(b)
(including use by an Indian tribal government) and which is not
subject to a lease, the person who sold such property to the
person or entity using such property shall be treated as the
taxpayer that placed such property in service, but only if such
person clearly discloses to such person or entity in a document
the amount of any credit allowable under subsection (a) with
respect to such property (determined without regard to
subsection (d)).
``(3) Property used outside united states not qualified.--
No credit shall be allowable under subsection (a) with respect
to any property referred to in section 50(b)(1) or with respect
to the portion of the cost of any property taken into account
under section 179.
``(4) Election not to take credit.--No credit shall be
allowed under subsection (a) for any property if the taxpayer
elects not to have this section apply to such property.
``(5) Recapture rules.--Rules similar to the rules of
section 179A(e)(4) shall apply.
``(6) Device.--For the purposes of subsection (b)(1), the
term `device' means an individual item of property, whether a
stand-alone item or part of property that includes multiple
devices, which functions to recharge one vehicle at a time.
``(7) Joint ownership of qualified electric vehicle
recharging property.--
``(A) In general.--Any qualified electric vehicle
recharging property shall not fail to be treated as
such property solely because such property is placed in
service with respect to 2 or more dwelling units.
``(B) Limits applied separately.--In the case of
any qualified electric vehicle recharging property
which is placed in service with respect to 2 or more
dwelling units, this section (other than this
subparagraph) shall be applied separately with respect
to the portion of such property attributable to each
such dwelling unit.
``(f) Regulations.--The Secretary shall prescribe such regulations
as necessary to carry out the provisions of this section.
``(g) Termination.--This section shall not apply to any property
placed in service after December 31, 2017.''.
(b) Conforming Amendment.--Clause (ii) of section 30D(c)(2)(B) of
such Code is amended by striking ``section 25D'' and inserting
``sections 25D and 30C''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to property placed
in service after December 31, 2013.
(2) Preservation of last year of credit for hydrogen
refueling property.--So much of the amendment made by
subsection (a) as relates to the repeal of section 30C of the
Internal Revenue Code of 1986 (as in effect before the date of
the enactment of this Act) shall apply to property placed in
service after December 31, 2014. | Electric Charging Advancement Reform Act or the E-Car Act - Amends the Internal Revenue Code to replace the tax credit for qualified alternative fuel vehicle refueling property expenditures with a tax credit for 50% of the cost of any qualified electric vehicle recharging property that is: (1) installed on property used as the principal residence of the taxpayer, and (2) for the recharging of motor vehicles propelled by electricity. Terminates such credit after December 31, 2017. | E-Car Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Girl Scouts USA Centennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Girl Scouts of the United States of America is the
world's preeminent organization dedicated solely to girls,
building character and skills for success in the real world;
(2) in 1911, Juliette Gordon Low met Sir Robert Baden-
Powell, a war hero and the founder of the Boy Scouts of
America;
(3) with Baden-Powell's help and encouragement, Juliette
Gordon Low made plans to start a similar association for
American girls;
(4) on March 12, 1912, Juliette Gordon Low organized the
first 2 Girl Scout Troops in Savannah, Georgia consisting of 18
members;
(5) Low devoted the next 15 years of her life to building
the organization, which would become the largest voluntary
association for women and girls in the United States;
(6) Low drafted the Girl Scout laws, supervised the writing
of the first handbook in 1913, and provided most of the
financial support for the organization during its early years;
(7) the Girl Scouts of the United States of America was
chartered by the United States Congress in 1950, in section
80301 of title 36, United States Code;
(8) today there are more than 3,700,000 members in 236,000
troops throughout the United States and United States
territories;
(9) through membership in the World Association of Girl
Guides and Girl Scouts, Girls Scouts of the United States of
America is part of a worldwide family of 10,000,000 girls and
adults in 145 countries;
(10) more than 50,000,000 American women enjoyed Girl
Scouting during their childhood, and that number continues to
grow as Girl Scouts of the United States of America continues
to inspire, challenge, and empower girls everywhere; and
(11) March 12, 2012 will mark the 100th Anniversary of the
establishment of the Girl Scouts of the United States of
America.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of the centennial of the
Girl Scouts of the United States of America, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the centennial of the establishment
of the Girl Scouts of the United States of America.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2011''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Girl Scouts of the United States of America and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--
(1) In general.--Only 1 facility of the United States Mint
may be used to strike any particular quality of the coins
minted under this Act.
(2) Use of the united states mint at west point, new
york.--It is the sense of the Congress that the coins minted
under this Act should be struck at the United States Mint at
West Point, New York, to the greatest extent possible.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2011.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins minted under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
minted under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins minted under this Act shall be paid to the Girl Scouts of the
United States of America for efforts involved in marking the Centennial
of its establishment, which may include efforts to preserve the
birthplace of Juliette Gordon Low.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Girl Scouts of the United States of America as may be
related to the expenditure of amounts paid under subsection (b). | Girl Scouts USA Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins in commemoration of the centennial of the Girl Scouts of the United States of America.
Requires the coin design to be emblematic of such centennial.
Requires such coins to be issued in uncirculated and proof qualities, from only one U.S. Mint facility.
Declares the sense of Congress that such facility should be the U.S. Mint at West Point, New York, to the greatest extent possible.
Authorizes the Secretary to issue such coins only during calendar 2011.
Applies a $10 per coin surcharge to all coin sales. Requires all surcharges received to be paid to the Girl Scouts of the United States of America for efforts involved in marking it centennial, which may include efforts to preserve the birthplace of founder Juliette Gordon Low. | A bill to require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of the Girl Scouts of the United States of America. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jean Lafitte National Historical
Park and Preserve Boundary Adjustment Act of 2007''.
SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY
ADJUSTMENT.
(a) In General.--Section 901 of the National Parks and Recreation
Act of 1978 (16 U.S.C. 230) is amended in the second sentence by
striking ``of approximately twenty thousand acres generally depicted on
the map entitled `Barataria Marsh Unit-Jean Lafitte National Historical
Park and Preserve' numbered 90,000B and dated April 1978,'' and
inserting ``generally depicted on the map entitled `Boundary Map,
Barataria Preserve Unit, Jean Lafitte National Historical Park and
Preserve', numbered _____, and dated ________,''.
(b) Acquisition of Land.--Section 902 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230a) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Within the'' and all that
follows through the first sentence and inserting the
following:
``(a) In General.--
``(1) Barataria preserve unit.--
``(A) In general.--The Secretary may acquire any
land, water, and interests in land and water within the
area, as depicted on the map described in section 901,
by donation, purchase with donated or appropriated
funds, transfer from any other Federal agency, or
exchange.
``(B) Limitations.--
``(i) In general.--Any private land located
in the area, as depicted on the map described
in section 901, may be acquired by the
Secretary only with the consent of the owner of
the land.
``(ii) Boundary adjustment.--On the date on
which the Secretary, under subparagraph (A),
completes the acquisition of a parcel of
private land located in the area, as depicted
on the map described in section 901, the
boundary of the historical park and preserve
shall be adjusted to reflect the acquisition.
``(iii) Jurisdiction of national park
service.--Any Federal land acquired in the
areas shall be transferred without
consideration to the administrative
jurisdiction of the National Park Service.
``(iv) Easements.--To ensure adequate
hurricane protection of communities located in
the area, any land in the area identified on
the map that is acquired or transferred shall
be subject to any easements that have been
agreed to by the Secretary and the Secretary of
the Army.'';
(B) in the second sentence, by striking ``The
Secretary may also'' and inserting the following:
``(2) French quarter.--The Secretary may'';
(C) in the third sentence, by striking ``Lands,
waters, and interests therein'' and inserting the
following:
``(3) Acquisition of state land.--Land, water, and
interests in land and water''; and
(D) in the fourth sentence, by striking ``In
acquiring'' and inserting the following:
``(4) Acquisition of oil and gas rights.--In acquiring'';
(2) by striking subsections (b) through (f) and inserting
the following:
``(b) Resource Protection.--With respect to the land, water, and
interests in land and water of the Barataria Preserve Unit, the
Secretary shall preserve and protect--
``(1) fresh water drainage patterns;
``(2) vegetative cover;
``(3) the integrity of ecological and biological systems;
and
``(4) water and air quality.''; and
(3) by redesignating subsection (g) as subsection (c).
(c) Hunting, Fishing, and Trapping.--Section 905 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the
first sentence by striking ``, except that within the core area and on
those lands acquired by the Secretary pursuant to section 902(c) of
this title, he'' and inserting ``on land, and interests in land and
water managed by the Secretary, except that the Secretary''.
(d) Administration.--Section 906 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230e) is amended--
(1) by striking the first sentence; and
(2) in the second sentence, by striking ``Pending such
establishment and thereafter the'' and inserting ``The''.
SEC. 3. REFERENCES IN LAW.
(a) In General.--Any reference in a law (including regulations),
map, document, paper, or other record of the United States--
(1) to the Barataria Marsh Unit shall be considered to be a
reference to the Barataria Preserve Unit; or
(2) to the Jean Lafitte National Historical Park shall be
considered to be a reference to the Jean Lafitte National
Historical Park and Preserve.
(b) Conforming Amendments.--Title IX of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended--
(1) by striking ``Barataria Marsh Unit'' each place it
appears and inserting ``Barataria Preserve Unit''; and
(2) by striking ``Jean Lafitte National Historical Park''
each place it appears and inserting ``Jean Lafitte National
Historical Park and Preserve''. | Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2007 - Amends the National Parks and Recreation Act of 1978 to adjust the boundary of the the Barataria Preserve Unit of the Jean Lafitte National Historical Park and Preserve in Louisiana and to acquire land necessary for the adjustment by transfer or exchange from a federal agency or, from a land owner, by donation or purchase (but only with an owner's consent).
Subjects any acquired or transferred land in the area to any easements that have been agreed to by the Secretary and the Secretary of the Army in order to ensure adequate hurricane protection of the communities located in the area.
Revises provisions concerning hunting, fishing, and trapping. | To adjust the boundary of the Barataria Preserve Unit of the Jean Lafitte National Historical Park and Preserve in the State of Louisiana, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Hills National Cemetery
Boundary Expansion Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Cemetery.--The term ``Cemetery'' means the Black Hills
National Cemetery in Sturgis, South Dakota.
(2) Federal land.--The term ``Federal land'' means the
approximately 200 acres of Bureau of Land Management land adjacent
to the Cemetery, generally depicted as ``Proposed National Cemetery
Expansion'' on the map entitled ``Proposed Expansion of Black Hills
National Cemetery-South Dakota'' and dated June 16, 2016.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. TRANSFER AND WITHDRAWAL OF BUREAU OF LAND MANAGEMENT LAND FOR
CEMETERY USE.
(a) Conduct of Due Diligence Activities by the Secretary of
Veterans Affairs.--
(1) In general.--Before the transfer of administrative
jurisdiction and withdrawal of the Federal land under subsections
(b) and (c), respectively, and subject to paragraph (2), the
Secretary of Veterans Affairs shall complete any appropriate
environmental, cultural resource, and other due diligence
activities on the Federal land that would enable the Secretary of
Veterans Affairs to confirm that the Federal land is suitable for
cemetery purposes.
(2) Notice; required coordination.--The Secretary of Veterans
Affairs shall--
(A) before conducting any due diligence activities under
paragraph (1), notify the Secretary of the activities to be
conducted;
(B) as the Secretary of Veterans Affairs determines to be
necessary in the conduct of the due diligence activities under
paragraph (1), coordinate the activities with the Secretary;
and
(C) if the Secretary of Veterans Affairs determines, on
completion of the due diligence activities under paragraph (1),
that the Federal land is suitable for cemetery purposes, submit
written notice of the determination to the Secretary.
(b) Transfer of Administrative Jurisdiction.--
(1) Transfer.--
(A) In general.--On receipt by the Secretary of written
notice of a determination that the Federal land is suitable for
cemetery purposes under subsection (a)(2)(C), except as
provided in subparagraph (B), and subject to valid existing
rights, administrative jurisdiction over the Federal land is
transferred from the Secretary to the Secretary of Veterans
Affairs for use as a national cemetery in accordance with
chapter 24 of title 38, United States Code.
(B) Exclusion.--The transfer of administrative jurisdiction
over the Federal land under subparagraph (A) shall not include
the land located within 100 feet of the center of the
Centennial Trail, as generally depicted on the map entitled
``Proposed Expansion of Black Hills National Cemetery-South
Dakota'' and dated June 16, 2016.
(2) Legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register a notice containing a legal description of the
Federal land.
(B) Effect.--A legal description published under
subparagraph (A) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
clerical and typographical errors in the legal description.
(C) Availability.--Copies of the legal description
published under subparagraph (A) shall be available for public
inspection in the appropriate offices of--
(i) the Bureau of Land Management; and
(ii) the National Cemetery Administration.
(D) Costs.--The Secretary of Veterans Affairs shall
reimburse the Secretary for the costs incurred by the Secretary
in carrying out this paragraph, including the costs of any
surveys and other reasonable costs.
(c) Withdrawal.--On receipt by the Secretary of written notice of a
determination that the Federal land is suitable for cemetery purposes
under subsection (a)(2)(C) and subject to valid existing rights, the
Federal land--
(1) is withdrawn from all forms of appropriation under the
public land laws, including the mining laws, the mineral leasing
laws, and the geothermal leasing laws; and
(2) shall be treated as property as defined under section
102(9) of title 40, United States Code.
(d) Boundary Modification.--The boundary of the Cemetery is
modified to include the Federal land.
(e) Modification of Public Land Order.--Public Land Order 2112,
dated June 6, 1960 (25 Fed. Reg. 5243), is modified to exclude the
Federal land.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Black Hills National Cemetery Boundary Expansion Act (Sec. 3) This bill directs the Department of Veterans Affairs (VA) to: (1) complete environmental, cultural resource, and other due diligence activities on certain federal land to confirm its suitability for inclusion in the Black Hills National Cemetery, South Dakota; and (2) notify, and coordinate with, the Department of the Interior regarding such activities. After completion of such activities and upon receipt by Interior of written confirmation of suitability from the VA, the land shall: (1) be withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws, for as long as it remains under VA administrative jurisdiction; (2) be treated as property; and (3) be transferred, except for the land within 100 feet of the center of the Centennial Trail, from Interior to the VA for use as a national cemetery. Interior shall publish a notice containing the legal descriptions of such transferred land. The VA shall reimburse Interior for reasonable transfer costs, including survey costs. The cemetery's boundary is modified to include such federal land. | Black Hills National Cemetery Boundary Expansion Act |
SECTION 1. SHORT TITLE, FINDINGS.
(a) Short Title.--This Act may be cited as the ``SMART Research and
Development Compact''.
(b) Findings.--The Congress makes the following findings:
(1) The shared borders, similar economic, environmental,
and socioeconomic traits as well as the common historical
attributes between the residents of Delaware, Maryland, New
Jersey, and Pennsylvania, bind the 4 States into a common Mid-
Atlantic region.
(2) This region presents a rich framework of approximately
618 colleges and universities, including approximately 38
leading engineering colleges with a variety of technical
expertise and ingenious research and development programs
within every field of science and technology.
(3) This region contains a variety of federally owned and
generated laboratories or organizations assigned with the task
of performing needed research and development in most of our
Nation's technical areas, highlighted by defense,
transportation, health, energy, and communications.
(4) This region possesses a great wealth of private
manufacturers, laboratories, and nonprofit organizations in
each of the scientific and technological pursuits, such as
homeland security, defense, aerospace, manufacturing,
information systems, materials, chemicals, medical
applications, and pharmaceuticals.
(5) Increased cooperation between the above-mentioned
institutions and the 4 State governments may effectively
enhance the region's contribution to the United States in all
fields of science and technology and promote academic, private
and public research and development, technical enterprise, and
intellectual vitality.
(6) An organization assigned with the task of linking
various institutions across different jurisdictions and
promoting working partnerships may further assist the United
States by providing a model for the rest of the Nation for the
effective use of limited national, State, and local funding
resources.
SEC. 2. CONSENT TO COMPACT.
The Congress consents to the SMART Research and Development Compact
if that compact is entered into by two or more of the following States:
The State of Delaware, the State of Maryland, the State of New Jersey,
and the Commonwealth of Pennsylvania. The compact reads substantially
as follows:
``SMART RESEARCH AND DEVELOPMENT COMPACT
``ARTICLE I.
``The purpose of this compact is to promote the contribution of the
Mid-Atlantic region to the Nation's research and development in science
and technology, and to create a multi-State organization that shall be
known as the SMART (Strengthening the Mid-Atlantic Region for Tomorrow)
Organization (hereinafter in this compact referred to as the
`Organization'). The purpose of the Organization is to oversee and help
facilitate the acquisition of research and development funding, and to
enhance the cooperation, formation of partnerships, and sharing of
information among businesses, academic institutions, Federal and State
governmental agencies, laboratories, federally owned and operated
laboratories, and nonprofit entities, within Delaware, Maryland, New
Jersey, and Pennsylvania.
``ARTICLE II.
``This compact takes effect upon ratification by two or more of the
following States: The State of Delaware, the State of Maryland, the
State of New Jersey, and the Commonwealth of Pennsylvania, pursuant to
the consent of Congress.
``ARTICLE III.
``The States, which are parties to this compact (hereinafter
referred to as `party States'), do hereby establish and create the
Organization as a joint organization which shall be known as the SMART
Organization.
``The leadership of the Organization shall consist of a Board of
Directors that shall include a representative from each party State,
appointed as provided by the law of that State, and representatives
from each technology class described in Article IV from the party
States. Board Members may include any business, academic institution,
nonprofit agency, Federal or State governmental agency, laboratory, and
federally owned and operated laboratory within the party States.
``The leadership of the Organization shall oversee and direct the
projects, administration, and policies of the Organization. The Board
of Directors may create and utilize the services of technology-
designated Working Groups to identify goals and sources of funding,
establish research and development projects, detect new technology
advances for the region to pursue, and facilitate cooperation among
regional entities. The Board of Directors and Working Groups in the
Organization shall serve without compensation and shall hold regular
quarterly meetings and such special meetings as their business may
require.
``The Organization shall adopt bylaws and any other such rules or
procedures as may be needed. The Organization may hold hearings and
conduct studies and surveys to carry out its purpose. The Organization
may acquire by gift or otherwise and hold and dispose of such money and
property as may be provided for the proper performance of its
functions, may cooperate with other public or private groups, whether
local, State, regional, or national, having an interest in economic or
technology development, and may exercise such other powers as may be
appropriate to accomplish its functions and duties in connection with
the development of the Organization and to carry out the purpose of
this compact.
``ARTICLE IV.
``Not including State Representatives, the Organization Board of
Directors and Technology Working Groups may represent and originate
from the following technology classes: information technology, sensors,
rotorcraft technology, manufacturing technology, fire/EMS, financial
technology, alternative fuels, nanotechnology, electronics,
environmental, telecommunications, chemical and biological, biomedical,
opto-electric, Materials/Aerospace, and defense systems including
directed energy, missile defense, future combat systems, and unmanned
aerial vehicles. The SMART Organization may at any time, upon approval
by the Board of Directors, designate and assign new technology classes
and may at any time remove an existing class from this Article and the
Organization's activities.
``ARTICLE V.
``The Board of Directors shall appoint a full-time paid executive
director, who shall be a person familiar with the nature of the
procedures and the significance of scientific funding, research and
development, economic development, and the informational, educational,
and publicity methods of stimulating general interest in such
developments. The duties of the executive director are to carry out the
goals and directives of the Board of Directors and administer the
actions of each Working Group as chairman. The executive director may
hire a staff and shall be the administrative head of the Organization,
whose term of office shall be at the pleasure of the Board of
Directors.
``ARTICLE VI.
``This compact shall continue in force and remain binding upon each
party State until 6 months after the party State gives notice of its
intent to withdraw to the other party States.''.
SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL.
The Congress expressly reserves the right to alter, amend, or
repeal this Act. | SMART Research and Development Compact - Grants the consent of the Congress to the SMART (Strengthening the Mid-Atlantic Region for Tomorrow) Research and Development Compact if such compact is entered into by at least two of the following states: Delaware, Maryland, New Jersey, and Pennsylvania. | To grant the consent of the Congress to the SMART Research and Development Compact. |
SECTION 1. ESTABLISHMENT OF A TICK-BORNE DISEASES ADVISORY COMMITTEE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall establish within
the Office of the Secretary an advisory committee to be known as the
Tick-Borne Diseases Advisory Committee (referred to in this section as
the ``Committee'').
(b) Duties.--The Committee shall advise the Secretary and the
Assistant Secretary for Health regarding the manner in which such
officials can--
(1) ensure interagency coordination and communication and
minimize overlap regarding efforts to address tick-borne
diseases;
(2) identify opportunities to coordinate efforts with other
Federal agencies and private organizations addressing such
diseases;
(3) ensure interagency coordination and communication with
constituency groups;
(4) ensure that a broad spectrum of scientific viewpoints
is represented in public health policy decisions and that
information disseminated to the public and physicians is
balanced; and
(5) advise relevant Federal agencies on priorities related
to the Lyme and tick-borne diseases.
(c) Membership.--
(1) Appointed members.--
(A) In general.--The Secretary shall appoint the
voting members of the Committee from among individuals
who are not officers or employees of the Federal
Government.
(B) Groups.--The voting members of the Committee
shall include the following:
(i) At least 4 members from the scientific
community representing the broad spectrum of
viewpoints held within the scientific community
related to Lyme and other tick-borne diseases.
(ii) At least 2 representatives of tick-
borne disease voluntary organizations.
(iii) At least 2 health care providers,
including at least 1 full-time practicing
physician, with relevant experience providing
care for individuals with a broad range of
acute and chronic tick-borne diseases.
(iv) At least 2 patient representatives who
are individuals who have been diagnosed with a
tick-borne disease or who have had an immediate
family member diagnosed with such a disease.
(v) At least 2 representatives of State and
local health departments and national
organizations that represent State and local
health professionals.
(C) Diversity.--In appointing members under this
paragraph, the Secretary shall ensure that such
members, as a group, represent a diversity of
scientific perspectives relevant to the duties of the
Committee.
(2) Ex officio members.--The Secretary shall designate, as
nonvoting, ex officio members of the Committee, representatives
overseeing tick-borne disease activities from each of the
following Federal agencies:
(A) The Centers for Disease Control and Prevention.
(B) The National Institutes of Health.
(C) The Agency for Healthcare Research and Quality.
(D) The Food and Drug Administration.
(E) The Office of the Assistant Secretary for
Health.
(F) Such additional Federal agencies as the
Secretary determines to be appropriate.
(3) Co-chairpersons.--The Secretary shall designate the
Assistant Secretary for Health as the co-chairperson of the
Committee. The appointed members of the Committee shall also
elect a public co-chairperson. The public co-chairperson shall
serve a 2-year term.
(4) Term of appointment.--The term of service for each
member of the Committee appointed under paragraph (1) shall be
4 years.
(5) Vacancy.--A vacancy in the membership of the Committee
shall be filled in the same manner as the original appointment.
Any member appointed to fill a vacancy for an unexpired term
shall be appointed for the remainder of that term. Members may
serve after the expiration of their terms until their
successors have taken office.
(d) Meetings.--The Committee shall hold public meetings, except as
otherwise determined by the Secretary, after providing notice to the
public of such meetings, and shall meet at least twice a year with
additional meetings subject to the call of the co-chairpersons. Agenda
items with respect to such meetings may be added at the request of the
members of the Committee, including the co-chairpersons. Meetings shall
be conducted, and records of the proceedings shall be maintained, as
required by applicable law and by regulations of the Secretary.
(e) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter, the Committee, through the
Director of the Centers for Disease Control and Prevention and the
Director of the National Institutes of Health, shall submit a report to
the Secretary. Each such report shall contain, at a minimum--
(1) a description of the Committee's functions;
(2) a list of the Committee's members and their
affiliations; and
(3) a summary of the Committee's activities and
recommendations during the previous year, including any
significant issues regarding the functioning of the Committee.
(f) Authorization of Appropriations.--Of the amounts made available
to the Department of Health and Human Services for general departmental
management for fiscal years 2012 through 2016, there is authorized to
be appropriated $250,000 for each of such fiscal years to carry out
this Act. Amounts made available to carry out this Act shall be used
for the expenses and per diem costs incurred by the Committee under
this section in accordance with the Federal Advisory Committee Act,
except that no voting member of the Committee shall be a permanent
salaried employee. | Requires the Secretary of Health and Human Services (HHS) to establish the Tick-Borne Diseases Advisory Committee to advise the Secretary and the Assistant Secretary for Health regarding the manner in which they can: (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints is represented in public health policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant federal agencies on priorities related to Lyme and tick-borne diseases. | To provide for the establishment of the Tick-Borne Diseases Advisory Committee. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Max Cleland Over-the-Road Bus
Security and Safety Act of 2002''.
SEC. 2. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary of Transportation, acting through
the Administrator of the Federal Motor Carrier Safety Administration,
shall establish a program for making grants to private operators of
over-the-road buses for system-wide security improvements to their
operations, including--
(1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their security;
(2) protecting or isolating the driver;
(3) acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for collection,
storage, or exchange of passenger and driver information
through ticketing systems or otherwise, and information links
with government agencies;
(4) training employees in recognizing and responding to
security threats, evacuation procedures, passenger screening
procedures, and baggage inspection;
(5) hiring and training security officers;
(6) installing cameras and video surveillance equipment on
over-the-road buses and at terminals, garages, and over-the-
road bus facilities;
(7) creating a program for employee identification or
background investigation;
(8) establishing an emergency communications system linked
to law enforcement and emergency personnel; and
(9) implementing and operating passenger screening programs
at terminals and on over-the-road buses.
(b) Reimbursement.--A grant under this Act may be used to provide
reimbursement to private operators of over-the-road buses for
extraordinary security-related costs for improvements described in
paragraphs (1) through (9) of subsection (a), determined by the
Secretary to have been incurred by such operators since September 11,
2001.
(c) Federal Share.--The Federal share of the cost for which any
grant is made under this Act shall be 90 percent.
(d) Due Consideration.--In making grants under this Act, the
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation
security from those in effect before September 11, 2001.
(e) Grant Requirements.--A grant under this Act shall be subject to
all the terms and conditions that a grant is subject to under section
3038(f) of the Transportation Equity Act for the 21st Century (49
U.S.C. 5310 note; 112 Stat. 393).
SEC. 3. PLAN REQUIREMENT.
(a) In General.--The Secretary may not make a grant under this Act
to a private operator of over-the-road buses until the operator has
first submitted to the Secretary--
(1) a plan for making security improvements described in
section 2 and the Secretary has approved the plan; and
(2) such additional information as the Secretary may
require to ensure accountability for the obligation and
expenditure of amounts made available to the operator under the
grant.
(b) Coordination.--To the extent that an application for a grant
under this section proposes security improvements within a specific
terminal owned and operated by an entity other than the applicant, the
applicant shall demonstrate to the satisfaction of the Secretary that
the applicant has coordinated the security improvements for the
terminal with that entity.
SEC. 4. OVER-THE-ROAD BUS DEFINED.
In this Act, the term ``over-the-road bus'' means a bus
characterized by an elevated passenger deck located over a baggage
compartment.
SEC. 5. BUS SECURITY ASSESSMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall transmit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a preliminary report in accordance with the
requirements of this section.
(b) Contents of Preliminary Report.--The preliminary report shall
include--
(1) an assessment of the over-the-road bus security grant
program;
(2) an assessment of actions already taken to address
identified security issues by both public and private entities
and recommendations on whether additional safety and security
enforcement actions are needed;
(3) an assessment of whether additional legislation is
needed to provide for the security of Americans traveling on
over-the-road buses;
(4) an assessment of the economic impact that security
upgrades of buses and bus facilities may have on the over-the-
road bus transportation industry and its employees;
(5) an assessment of ongoing research and the need for
additional research on over-the-road bus security, including
engine shut-off mechanisms, chemical and biological weapon
detection technology, and the feasibility of
compartmentalization of the driver; and
(6) an assessment of industry best practices to enhance
security.
(c) Consultation With Industry, Labor, and Other Groups.--In
carrying out this section, the Secretary shall consult with over-the-
road bus management and labor representatives, public safety and law
enforcement officials, and the National Academy of Sciences.
SEC. 6. FUNDING.
There is authorized to be appropriated to the Secretary of
Transportation to carry out this Act $99,000,000 for fiscal year 2003.
Such sums shall remain available until expended.
Passed the House of Representatives November 15
(legislative day, November 14), 2002.
Attest:
Clerk.
107th CONGRESS
2d Session
H. R. 3429
_______________________________________________________________________
AN ACT
To direct the Secretary of Transportation to make grants for security
improvements to over-the-road bus operations, and for other purposes. | Max Cleland Over-the-Road Bus Security and Safety Act of 2002 - (Sec. 2) Directs the Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, to establish a program to make grants to private operators of over-the-road buses for specified system-wide security improvements to their operations, including the reimbursement of extraordinary security-related costs incurred since September 11, 2001.(Sec. 3) Sets forth certain grant requirements, including requiring: (1) an applicant private operator of over-the-road buses to submit to the Secretary a security improvements plan; and (2) an applicant for a grant for security improvements within a terminal owned and operated by an entity other than the applicant to demonstrate to the Secretary that such applicant has coordinated such improvements for the terminal with the entity.(Sec. 5) Requires the Secretary to submit to specified congressional committees a preliminary report that includes, among other things, an assessment of the over-the-road bus security grant program.(Sec. 6) Authorizes appropriations for FY 2003. | To direct the Secretary of Transportation to make grants for security improvements to over-the-road bus operations, and for other purposes. |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Methyl bromide is a broad spectrum pesticide which
protects plants and agricultural products from a wide range of
insects, rodents, viruses, fungi, weeds, and nematodes.
(2) American farmers depend on methyl bromide to grow,
store, ship, process, and trade over 100 different crops.
(3) The agricultural community has no safe, effective,
commercially available alternatives to methyl bromide. Some
nonchemical pest control alternatives have proven effective in
small scale tests but are largely untested, much less proven,
for commercial food production purposes. The Environmental
Protection Agency's Office of Prevention, Pesticides, and Toxic
Substances reports that few substitutes exist, all of which
pose potential human health and environmental risks.
(4) In 1992, the Montreal Protocol on Substances Depleting
the Ozone Layer was amended to include methyl bromide.
Subsequent peer-reviewed research indicates that most methyl
bromide is naturally occurring, that a significant percentage
never reaches the ozone layer, and that methyl bromide clearly
does not pose the threat initially believed. Scientists agree
that much is yet to be learned about methyl bromide's effect on
stratospheric ozone.
(5) According to the 1992 Science Assessment Report to the
Montreal Protocol, agricultural use of methyl bromide accounts
for less than 3 percent of the threat to the ozone layer, and a
similar report issued in 1994 notes that the Earth's ozone
layer will return to normal by the middle of the next century
even if methyl bromide remains available to farmers.
(6) In 1993, despite the importance of methyl bromide, the
lack of alternatives, and many scientific uncertainties, the
Environmental Protection Agency, citing the Montreal Protocol,
listed methyl bromide as an ozone depleting chemical under the
provisions of the Clean Air Act and ordered United States
production frozen at 1991 levels and an end to production by
January 1, 2001.
(7) Given current alternatives, analysis at the University
of Florida predicts a 43 percent decline in affected vegetable
acreage in Florida. A 1993 United States Department of
Agriculture study finds that the ban will cost as much as
$1,500,000,000 in Florida, Georgia, California, North Carolina,
and South Carolina, the 5 States where methyl bromide is most
utilized.
SEC. 2. CONTROL OF METHYL BROMIDE.
(a) Definitions.--For purposes of this section:
(1) The term ``use as a pesticide'' includes farming and
post-harvest uses.
(2) The term ``pesticide'' has the same meaning as when
used in the Federal Insecticide, Fungicide, and Rodenticide
Act.
(3) The term ``control'' means, with respect to any
substance, any ban, phase-out, or other restriction on the
production, importation, export, consumption, or use of the
substance.
(4) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(b) Restrictions on EPA Authority.--Except as provided in
subsection (c) or (d), the Administrator may not--
(1) control the production, importation, or export of the
substance methyl bromide pursuant to title VI of the Clean Air
Act (42 U.S.C. section 7671-7671q) for consumption or use as a
pesticide;
(2) control the consumption or use of methyl bromide as a
pesticide; or
(3) require the labelling of any agricultural product
treated with methyl bromide.
(c) Existence of Substitutes or Alternatives.--The Administrator
may take any action described in paragraph (1), (2), or (3) of
subsection (b), or any combination of such actions, if the Secretary of
Agriculture has certified by rule that there exist viable, cost-
effective substitutes or other alternatives to the consumption or use
of methyl bromide as a pesticide for specified agricultural commodities
and products. If the Secretary has made a certification under this
paragraph, a control permitted pursuant to such certification shall
apply only with respect to those specified applications and to those
specified commodities and products for which the certification is made.
(d) Montreal Protocol.--The Administrator may take any action
described in paragraph (1), (2), or (3) of subsection (b), or any
combination of such actions, if the United States is required by the
Montreal Protocol to implement a control on the production,
importation, or export of methyl bromide for consumption or use as a
pesticide or a control on the consumption or use of methyl bromide as a
pesticide. The applicability, contents and timing of any such control--
(1) shall be no more stringent or restrictive than
specifically required by the Montreal Protocol,
(2) shall be equally required of all parties to the
Montreal Protocol; and
(3) shall include all exemptions, exceptions, and other
flexibility (including exemptions for production, importation,
export, and consumption, for both preshipment and quarantine
uses) allowed by the Montreal Protocol.
(e) Inconsistent EPA Actions.--All rules, standards and other
regulatory actions promulgated, published, or otherwise issued by the
Administrator of the Environmental Protection Agency before the date of
enactment of this Act are repealed to the extent they impose a control
which is not specifically required by the Montreal Protocol.
(f) Savings Clause.--Nothing in this Act shall be construed to
affect the provisions of 40 C.F.R. Sec. Sec. 82.9, 82.10, 82.11, and
82.12 (relating to Article 5 parties and transfers), or any other
regulatory provisions granting exemptions, exceptions, or other
flexibility not prohibited by the Montreal Protocol. | Restricts the authority of the Environmental Protection Agency to control the production, importation, or export of methyl bromide for pesticide use consistent with requirements and obligations of the Montreal Protocol. | To make a regulatory correction concerning methyl bromide to meet the obligations of the Montreal Protocol without placing the farmers of the United States at a competitive disadvantage versus foreign growers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Strategy for Combating
Terrorist, Underground, and Other Illicit Financing Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The financing of terrorism and related forms of illicit
finance present a direct threat to national security and a
threat to global stability.
(2) New terrorist groups or threats can form quickly, and
other groups change tactics to adapt, creating a constantly
changing terrorist environment, presenting ever-changing risks
and challenges to programs to disrupt the financing of
terrorism and related forms of illicit finance.
(3) Terrorists in some instances have formed symbiotic
relationships with, or are taking over, transnational crime
syndicates, so that funding for both terrorism and profits from
crime flow in the same fashion and often are indistinguishable.
(4) Methods of concealing the movement of illicit funding
change quickly in a globalized economy, and rapid technological
changes and financial innovation pose new risks that may be
increasingly difficult for governments to stay abreast of
without an agile, constantly adjusted strategy to spot,
disrupt, and prevent the financing of terrorism and related
forms of illicit finance.
(5) A bipartisan requirement to create a national anti-
money laundering strategy enacted in 1998 expired in 2007.
Given the rapid globalization and rapid technology changes of
the financial sector, an updated strategy focused on the
financing of terrorism is necessary.
(6) It is important for the Government to have a unified
strategy to fight financial crime and to update it annually,
both to accommodate new and developing threats and to help
Congress develop legislative and funding priorities.
(7) An effective strategy to counter terrorism financing is
a critical component of the broader counter terrorism strategy
of the United States.
SEC. 3. DEVELOPMENT OF NATIONAL STRATEGY.
(a) In General.--The President, acting through the Secretary shall,
in consultation with the Attorney General, the Secretary of State, the
Secretary of Homeland Security, the Director of National Intelligence,
and the appropriate Federal banking agencies, develop a national
strategy for combating the financing of terrorism and related forms of
illicit finance.
(b) Transmittal to Congress.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a comprehensive national
strategy developed in accordance with subsection (a).
(2) Updates.--Every 2 years following the initial
submission under paragraph (1), the President shall submit to
the appropriate congressional committees updated versions of
the national strategy.
(c) Separate Presentation of Classified Material.--Any part of the
national strategy that involves information that is properly classified
under criteria established by the President shall be submitted to the
Congress separately in a classified annex and, if requested by the
chairman or ranking Member of one of the appropriate congressional
committees, as a briefing at an appropriate level of security.
SEC. 4. CONTENTS.
(a) In General.--The strategy described in section 3 shall contain
the following:
(1) Evaluation of existing efforts.--An assessment of the
effectiveness of and ways in which the United States is
currently addressing the highest levels of risk of various
forms of illicit finance, including those identified in the
documents entitled ``2015 National Money Laundering Risk
Assessment'' and ``2015 National Terrorist Financing Risk
Assessment'', published by the Department of the Treasury and a
description of how the strategy is integrated into, and
supports, the broader counter terrorism strategy of the United
States.
(2) Goals, objectives, and priorities.--A comprehensive,
research-based, long-range, quantifiable discussion of goals,
objectives, and priorities for disrupting and preventing
illicit finance activities within and transiting the financial
system of the United States that outlines priorities to reduce
the incidence, dollar value, and effects of illicit finance.
(3) Threats.--An identification of the most significant
illicit finance threats to the financial system of the United
States.
(4) Reviews and proposed changes.--Reviews of enforcement
efforts, relevant regulations and relevant provisions of law
and, if appropriate, discussions of proposed changes determined
to be appropriate to ensure that the United States pursues
coordinated and effective efforts at all levels of government,
and with international partners of the United States, in the
fight against illicit finance.
(5) Detection and prosecution initiatives.--A description
of efforts to improve detection and prosecution of illicit
finance, including efforts to ensure that--
(A) subject to legal restrictions, all appropriate
data collected by the Federal Government that is
relevant to the efforts described in this section be
available in a timely fashion to--
(i) all appropriate Federal departments and
agencies; and
(ii) as appropriate and consistent with
section 314 of the International Money
Laundering Abatement and Financial Anti-
Terrorism Act of 2001 (31 U.S.C. 5311 note),
financial institutions to assist the financial
institutions in efforts to comply with laws
aimed at curbing illicit finance; and
(B) appropriate efforts are undertaken to ensure
that Federal departments and agencies charged with
reducing and preventing illicit finance make thorough
use of publicly available data in furtherance of this
effort.
(6) The role of the private financial sector in prevention
of illicit finance.--A discussion of ways to enhance
partnerships between the private financial sector and Federal
departments and agencies with regard to the prevention and
detection of illicit finance, including--
(A) efforts to facilitate compliance with laws
aimed at stopping such illicit finance while
maintaining the effectiveness of such efforts; and
(B) providing guidance to strengthen internal
controls and to adopt on an industry-wide basis more
effective policies.
(7) Enhancement of intergovernmental cooperation.--A
discussion of ways to combat illicit finance by enhancing--
(A) cooperative efforts between and among Federal,
State, and local officials, including State regulators,
State and local prosecutors, and other law enforcement
officials; and
(B) cooperative efforts with and between
governments of countries and with and between
multinational institutions, including the Financial
Action Task Force, with expertise in fighting illicit
finance.
(8) Trend analysis of emerging illicit finance threats.--A
discussion of and data regarding trends in illicit finance,
including evolving forms of value transfer such as so-called
cryptocurrencies, other methods that are computer,
telecommunications, or Internet-based, cyber crime, or any
other threats that the Secretary may choose to identify.
(9) Budget priorities.--A multiyear budget plan that
identifies sufficient resources needed to successfully execute
the full range of missions called for in this section.
(10) Technology enhancements.--An analysis of current and
developing ways to leverage technology to improve the
effectiveness of efforts to stop the financing of terrorism and
other forms of illicit finance, including better integration of
open-source data.
SEC. 5. DEFINITIONS.
In this Act--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Armed
Services, the Committee on the Judiciary, the Committee
on Homeland Security, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on the
Judiciary, the Committee on Homeland Security and
Governmental Affairs, and the Select Committee on
Intelligence of the Senate;
(2) the term ``illicit finance'' means the financing of
terrorism, money laundering, or other forms of illicit
financing domestically or internationally, as defined by the
President;
(3) the term ``Secretary'' means the Secretary of the
Treasury; and
(4) the term ``State'' means each of the several States,
the District of Columbia, and each territory or possession of
the United States. | National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act This bill directs the Department of the Treasury to develop a national strategy to combat the financing of terrorism and related forms of illicit finance. | National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Manufacturing
Competitiveness Act of 2013''.
SEC. 2. NATIONAL MANUFACTURING COMPETITIVENESS STRATEGIC PLAN.
Section 102 of the America COMPETES Reauthorization Act of 2010 (42
U.S.C. 6622) is amended--
(1) in subsection (b), by striking paragraph (7) and
inserting the following:
``(7) develop and update a national manufacturing
competitiveness strategic plan in accordance with subsection
(c).''; and
(2) by striking subsection (c) and inserting the following:
``(c) National Manufacturing Competitiveness Strategic Plan.--
``(1) In general.--The Committee shall develop, and update
every 4 years, a strategic plan to improve Government
coordination and provide long-term guidance for Federal
programs and activities in support of United States
manufacturing competitiveness, including advanced manufacturing
research and development.
``(2) Committee chairperson.--In developing and updating
the strategic plan, the Secretary of Commerce, or a designee of
the Secretary, shall serve as the chairperson of the Committee.
``(3) Goals.--The goals of such strategic plan shall be
to--
``(A) promote growth, including job creation,
sustainability, and competitiveness, in the United
States manufacturing sector;
``(B) support the development of a skilled
manufacturing workforce;
``(C) enable innovation and investment in domestic
manufacturing; and
``(D) support national security.
``(4) Contents.--Such strategic plan shall--
``(A) specify and prioritize near-term and long-
term objectives to meet the goals of the plan,
including research and development objectives, the
anticipated timeframe for achieving the objectives, and
the metrics for use in assessing progress toward the
objectives;
``(B) describe the progress made in achieving the
objectives from prior strategic plans, including a
discussion of why specific objectives were not met;
``(C) specify the role, including the programs and
activities, of each Federal agency in meeting the
objectives of the strategic plan;
``(D) describe how the Federal agencies and
federally funded research and development centers
supporting advanced manufacturing research and
development will foster the transfer of research and
development results into new manufacturing technologies
and United States based manufacturing of new products
and processes for the benefit of society to ensure
national, energy, and economic security;
``(E) describe how such Federal agencies and
centers will strengthen all levels of manufacturing
education and training programs to ensure an adequate,
well-trained workforce;
``(F) describe how such Federal agencies and
centers will assist small- and medium-sized
manufacturers in developing and implementing new
products and processes;
``(G) take into consideration and include a
discussion of the analysis conducted under paragraph
(5); and
``(H) take into consideration the recommendations
of a wide range of stakeholders, including
representatives from diverse manufacturing sectors and
companies, academia, existing Federal advisory
committees, such as the Defense Science Board, the
President's Council of Advisors on Science and
Technology, the Manufacturing Council established by
the Department of Commerce, and the Labor Advisory
Committee for Trade Negotiations and Trade Policy, and
other relevant organizations and institutions.
``(5) Preliminary analysis.--
``(A) In general.--As part of developing such
strategic plan, the Committee shall conduct an analysis
of factors that impact the competitiveness and growth
of the United States manufacturing sector, including--
``(i) research, development, innovation,
technology transfer, and commercialization
activities in the United States;
``(ii) the adequacy of the industrial base
for maintaining national security;
``(iii) the state and capabilities of the
domestic manufacturing workforce;
``(iv) trade, trade enforcement, and
intellectual property policies;
``(v) financing, investment, and taxation
policies and practices;
``(vi) the state of emerging technologies
and markets; and
``(vii) efforts and policies related to
manufacturing promotion undertaken by competing
nations.
``(B) Reliance on existing information.--To the
extent practicable, in completing the analysis under
subparagraph (A), the Committee shall use existing
information and the results of previous studies and
reports.
``(d) Report.--Not later than 1 year after the date of enactment of
the American Manufacturing Competitiveness Act of 2013, the Director
shall transmit the strategic plan developed under subsection (b)(7) to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science, Space, and Technology of the House of
Representatives and shall transmit subsequent updates to those
committees as appropriate.
``(e) Requirement To Consider Strategy in the Budget.--In preparing
the budget for a fiscal year under section 1105(a) of title 31, United
States Code, the President shall include information regarding the
consistency of the budget with the goals and recommendations included
in the strategic plan developed under subsection (b)(7) applying to
that fiscal year.''. | American Manufacturing Competitiveness Act of 2013 - Directs the Committee on Technology under the National Science and Technology Council to develop, in lieu of the currently required strategic plan to guide federal programs and activities in support of advanced manufacturing research and development, a national manufacturing competitiveness strategic plan to improve government coordination and provide long-term guidance for federal programs and activities in support of U.S. manufacturing competitiveness, including advanced manufacturing research and development. Requires the Secretary of Commerce, in developing and updating the plan quadrennially, to serve as the chairperson of the Committee. Specifies the goals of the plan to be to: (1) promote growth in the U.S. manufacturing sector, (2) support the development of a skilled manufacturing workforce, (3) enable innovation and investment in domestic manufacturing, and (4) support national security. Requires the Committee, as part of the development of the plan, to conduct an analysis of specified factors that impact the competitiveness and growth of the U.S. manufacturing sector. Requires the Director of the Office of Science and Technology Policy to transmit the plan, and subsequent updates, to Congress. | American Manufacturing Competitiveness Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death in Custody Reporting Act of
2009''.
SEC. 2. STATE INFORMATION REGARDING INDIVIDUALS WHO DIE IN THE CUSTODY
OF LAW ENFORCEMENT.
(a) In General.--For each fiscal year after the expiration of the
period specified in subsection (c)(1) in which a State receives funds
for a program referred to in subsection (c)(2), the State shall report
to the Attorney General, on a quarterly basis and pursuant to
guidelines established by the Attorney General, information regarding
the death of any person who is detained, under arrest, or is in the
process of being arrested, is en route to be incarcerated, or is
incarcerated at a municipal or county jail, State prison, State-run
boot camp prison, boot camp prison that is contracted out by the State,
any State or local contract facility, or other local or State
correctional facility (including any juvenile facility).
(b) Information Required.--The report required by this section
shall contain information that, at a minimum, includes--
(1) the name, gender, race, ethnicity, and age of the
deceased;
(2) the date, time, and location of death;
(3) the law enforcement agency that detained, arrested, or
was in the process of arresting the deceased; and
(4) a brief description of the circumstances surrounding
the death.
(c) Compliance and Ineligibility.--
(1) Compliance date.--Each State shall have not more than
120 days from the date of enactment of this Act to comply with
subsection (a), except that--
(A) the Attorney General may grant an additional
120 days to a State that is making good faith efforts
to comply with such subsection; and
(B) the Attorney General shall waive the
requirements of subsection (a) if compliance with such
subsection by a State would be unconstitutional under
the constitution of such State.
(2) Ineligibility for funds.--For any fiscal year after the
expiration of the period specified in paragraph (1), a State
that fails to comply with subsection (a), shall, at the
discretion of the Attorney General, be subject to not more than
a 10 percent reduction of the funds that would otherwise be
allocated for that fiscal year to the State under subpart 1 of
part E of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as
the Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs, the Local Government Law Enforcement Block
Grants Program, the Edward Byrne Memorial Justice Assistance
Grant Program, or otherwise.
(d) Reallocation.--Amounts not allocated under a program referred
to in subsection (c)(2) to a State for failure to fully comply with
subsection (a) shall be reallocated under that program to States that
have not failed to comply with such subsection.
(e) Definitions.--In this section the terms ``boot camp prison''
and ``State'' have the meaning given those terms, respectively, in
section 901(a) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3791(a)).
(f) Study and Report of Information Relating to Deaths in
Custody.--
(1) Study required.--The Attorney General shall carry out a
study of the information reported under subsection (b) and
section 3(a) to--
(A) determine means by which such information can
be used to reduce the number of such deaths; and
(B) examine the relationship, if any, between the
number of such deaths and the actions of management of
such jails, prisons, and other specified facilities
relating to such deaths.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Attorney General shall prepare and
submit to Congress a report that contains the findings of the
study required by paragraph (1).
SEC. 3. FEDERAL LAW ENFORCEMENT DEATH IN CUSTODY REPORTING REQUIREMENT.
(a) In General.--For each fiscal year (beginning after the date
that is 120 days after the date of the enactment of this Act), the head
of each Federal law enforcement agency shall submit to the Attorney
General a report (in such form and manner specified by the Attorney
General) that contains information regarding the death of any person
who is--
(1) detained, under arrest, or is in the process of being
arrested by any officer of such Federal law enforcement agency
(or by any State or local law enforcement officer while
participating in and for purposes of a Federal law enforcement
operation, task force, or any other Federal law enforcement
capacity carried out by such Federal law enforcement agency);
or
(2) en route to be incarcerated or detained, or is
incarcerated or detained at--
(A) any facility (including any immigration or
juvenile facility) pursuant to a contract with such
Federal law enforcement agency;
(B) any State or local government facility used by
such Federal law enforcement agency; or
(C) any Federal correctional facility or Federal
pre-trial detention facility located within the United
States.
(b) Information Required.--Each report required by this section
shall include, at a minimum, the information required by section 2(b).
(c) Study and Report.--Information reported under subsection (a)
shall be analyzed and included in the study and report required by
section 2(f).
Passed the House of Representatives February 4, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Death in Custody Reporting Act of 2009 - Requires states that receive certain criminal justice assistance grants to report to the Attorney General on a quarterly basis certain information regarding the death of any person who is detained, arrested, en route to incarceration, or incarcerated in state or local facilities or a boot camp prison. Grants the Attorney General discretion to reduce by up to 10% the amount of the criminal justice assistance grants of states that fail to comply.
Requires the head of each federal law enforcement agency to report to the Attorney General annually certain information regarding the death of any person who: (1) is detained or arrested by any officer of such agency (or by any state or local law enforcement officer for purposes of a federal law enforcement operation); or (2) is en route to be incarcerated or detained, or is incarcerated or detained, at any federal correctional facility or federal pretrial detention facility located within the United States or any other facility pursuant to a contract with or used by such agency.
Requires the Attorney General to study such information and report on means by which it can be used to reduce the number of such deaths. | To encourage States to report to the Attorney General certain information regarding the deaths of individuals in the custody of law enforcement agencies, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IDEA Full Funding Act''.
SEC. 2. AMENDMENT TO IDEA.
Section 611(i) of the Individuals with Disabilities Education Act
(20 U.S.C. 1411(i)) is amended to read as follows:
``(i) Funding.--
``(1) In general.--For the purpose of carrying out this
part, other than section 619, there are authorized to be
appropriated--
``(A) $12,872,421,000 or 17.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2016, and there are hereby appropriated
$1,374,573,000 or 1.6 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2016, which shall become available for obligation
on July 1, 2016, and shall remain available through
September 30, 2017;
``(B) $14,411,326,000 or 19.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2017, and there are hereby appropriated
$2,913,478,000 or 3.3 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2017, which shall become available for obligation
on July 1, 2017, and shall remain available through
September 30, 2018;
``(C) $16,134,207,000 or 21.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2018, and there are hereby appropriated
$4,636,359,000 or 5.1 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2018, which shall become available for obligation
on July 1, 2018, and shall remain available through
September 30, 2019;
``(D) $18,063,059,000 or 23.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2019, and there are hereby appropriated
$6,565,211,000 or 7.1 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2019, which shall become available for obligation
on July 1, 2019, and shall remain available through
September 30, 2020;
``(E) $20,222,507,000 or 25.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2020, and there are hereby appropriated
$8,724,659,000 or 9.3 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2020, which shall become available for obligation
on July 1, 2020, and shall remain available through
September 30, 2021;
``(F) $22,640,117,000 or 27.8 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2021, and there are hereby appropriated
$11,142,269,000 or 11.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2021, which shall become available for
obligation on July 1, 2021, and shall remain available
through September 30, 2022;
``(G) $25,346,755,000 or 30.5 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2022, and there are hereby appropriated
$13,848,907,000 or 14.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2022, which shall become available for
obligation on July 1, 2022, and shall remain available
through September 30, 2023;
``(H) $28,376,972,000 or 33.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2023, and there are hereby appropriated
$16,879,124,000 or 17.3 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2023, which shall become available for
obligation on July 1, 2023, and shall remain available
through September 30, 2024;
``(I) $31,769,453,000 or 36.5 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2024, and there are hereby appropriated
$20,271,605,000 or 20.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2024, which shall become available for
obligation on July 1, 2024, and shall remain available
through September 30, 2025; and
``(J) $35,567,506,000 or 40 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2025 and each subsequent fiscal year,
and there are hereby appropriated $35,567,506,000 or 40
percent of the amount determined under paragraph (2),
whichever is greater, for fiscal year 2025 and each
subsequent fiscal year, which--
``(i) shall become available for obligation
with respect to fiscal year 2025 on July 1,
2025, and shall remain available through
September 30, 2026; and
``(ii) shall become available for
obligation with respect to each subsequent
fiscal year on July 1 of that fiscal year and
shall remain available through September 30 of
the succeeding fiscal year.
``(2) Amount.--With respect to each subparagraph of
paragraph (1), the amount determined under this paragraph is
the product of--
``(A) the total number of children with
disabilities in all States who--
``(i) received special education and
related services during the last school year
that concluded before the first day of the
fiscal year for which the determination is
made; and
``(ii) were aged--
``(I) 3 through 5 (with respect to
the States that were eligible for
grants under section 619); and
``(II) 6 through 21; and
``(B) the average per-pupil expenditure in public
elementary schools and secondary schools in the United
States.''.
SEC. 3. OFFSETS.
The amounts appropriated in 611(i) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(i)), as amended by section 2
of this Act, shall be expended consistent with pay-as-you-go
requirements. | IDEA Full Funding Act Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and make appropriations for the grant program to assist states and outlying areas in providing special education and related services to children with disabilities. Sets the amount to be authorized and the amount to be appropriated for each fiscal year from FY2016-FY2024 as the greater of: (1) a specified amount, or (2) a specified percentage of an amount determined pursuant to a formula that multiplies the number of children receiving special education services by the average per-pupil expenditure in public elementary and secondary schools. Authorizes and appropriates funds for FY2025 and each subsequent fiscal year equal to the greater of a specified amount or 40% of the amount determined using such formula. Requires amounts appropriated to be expended consistent with pay-as-you-go requirements. | IDEA Full Funding Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antibullying Campaign Act of 2005''.
SEC. 2. GRANTS FOR ANTIHARASSMENT PROGRAMS.
(a) Grants.--The Secretary of Education shall provide a grant to
each State that submits an application in accordance with subsection
(c) to enable the State to establish and carry out or continue to carry
out an antiharassment program as described in subsection (b).
(b) Program Described.--An antiharassment program referred to in
subsection (a) is a program that prohibits harassment in schools and at
all school-sponsored programs or activities based on any distinguishing
characteristic of an individual, including actual or perceived race,
color, national origin, ethnicity, religion, disability, sexual
orientation, sex, gender identity or expression, family composition or
circumstance, or economic circumstance.
(c) Application.--
(1) In general.--The Secretary may not make a grant to a
State under this section unless the State submits to the
Secretary an application that contains detailed information
about the State's existing or proposed antiharassment program.
Such information shall include--
(A) the State's existing or proposed prohibition on
harassment;
(B) the State's existing or proposed definition of
harassment and any other relevant terms; and
(C) a budget for the antiharassment program,
including a detailed description of how amounts
received under the grant will be spent.
(2) Application review and approval.--
(A) In general.--Not later than 30 days after the
date of submission of the State's application, the
Secretary shall review and approve or disapprove the
application.
(B) Approval.--Not later than 30 days after the
date on which the Secretary approves the State's
application, the Secretary shall provide a grant to the
State.
(C) Disapproval.--Not later than 30 days after the
date on which the Secretary disapproves the State's
application, the Secretary shall inform the State in
writing as to the reasons why the application was
disapproved and what the State may do to correct the
application and receive the Secretary's approval.
(d) Matching Funds.--The Secretary may not make a grant to a State
under this section unless the State agrees that it will contribute from
non-Federal sources an amount equal to not less than 50 percent of the
amount received under the grant to carry out the antiharassment program
described in subsection (b).
SEC. 3. STUDY AND REPORT.
(a) Study.--The Secretary of Education shall conduct a study
concerning harassment in public schools in the United States. The
findings of the study shall include--
(1) the number of students who are harassed;
(2) the demographics of those students who are harassed;
(3) the type of harassment to which students are subjected,
including--
(A) the reasons upon which the harassment was
based; and
(B) the type of conduct, physical or verbal,
involved;
(4) the number of States that have comprehensive campaigns
to combat harassment; and
(5) the amount of funds each State expends on
antiharassment programs each year.
(b) Process.--In conducting the study required by subsection (a),
the Secretary shall make every effort to protect the privacy of
students involved in reports of harassment.
(c) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for 3 years, the
Secretary shall submit to Congress a report that contains the findings
and an analysis of the study.
SEC. 4. DEFINITIONS.
In this Act:
(1) Harassment.--The term ``harassment'' means conduct,
including verbal conduct, that--
(A) creates, or would create, a hostile environment
by substantially interfering with a student's
educational benefits, opportunities, or performance, or
with a student's physical or psychological well-being;
or
(B) is threatening or seriously intimidating.
(2) School.--The term ``school'' means an elementary school
or secondary school as those terms are defined in section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(4) State.--The term ``State'' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, and any other territory or possession
of the United States.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $75,000,000 for each of fiscal years 2006 through 2009.
(b) Availability.--Amounts authorized to be appropriated by
subsection (a) are authorized to remain available until September 30,
2009. | Antibullying Campaign Act of 2005 - Directs the Secretary of Education to make matching grants to applicant states for antiharassment programs that prohibit harassment in public schools and on public school grounds based on any distinguishing characteristic of an individual.
Directs the Secretary to study and report to Congress on harassment in public schools. | To direct the Secretary of Education to provide grants to States to establish and carry out or continue to carry out antiharassment programs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unborn Victims of Violence Act of
1999''.
SEC. 2. PROTECTION OF UNBORN CHILDREN.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 90 the following:
``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN
``Sec.
``1841. Protection of unborn children.
``Sec. 1841. Protection of unborn children
``(a)(1) Whoever engages in conduct that violates any of the
provisions of law listed in subsection (b) and thereby causes the death
of, or bodily injury (as defined in section 1365) to, a child, who is
in utero at the time the conduct takes place, is guilty of a separate
offense under this section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment
provided under Federal law for that conduct had that injury or death
occurred to the unborn child's mother.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the defendant intended to cause the death of, or
bodily injury to, the unborn child.
``(C) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall instead
of being punished under subparagraph (A), be punished as provided under
sections 1111, 1112, and 1113 of this title for intentionally killing
or attempting to kill a human being.
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are the
following:
``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229,
242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i),
924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120,
1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512,
1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and
(a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119,
2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332,
2332a, 2332b, 2340A, and 2441 of this title.
``(2) Section 408(e) of the Controlled Substances Act of
1970 (21 U.S.C. 848(e)).
``(3) Section 202 of the Atomic Energy Act of 1954 (42
U.S.C. 2283).
``(c) Nothing in this section shall be construed to permit the
prosecution--
``(1) of any person for conduct relating to an abortion for
which the consent of the pregnant woman, or a person authorized
by law to act on her behalf, has been obtained or for which
such consent is implied by law;
``(2) of any person for any medical treatment of the
pregnant woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) As used in this section, the term `unborn child' means a
child in utero, and the term `child in utero' or `child, who is in
utero' means a member of the species homo sapiens, at any stage of
development, who is carried in the womb.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 90 the following new item:
``90A. Protection of unborn children........................ 1841''.
SEC. 3. MILITARY JUSTICE SYSTEM.
(a) Protection of Unborn Children.--Subchapter X of chapter 47 of
title 10, United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 919 (article 119) the following new
section:
``Sec. 919a. Art. 119a. Protection of unborn children
``(a)(1) Any person subject to this chapter who engages in conduct
that violates any of the provisions of law listed in subsection (b) and
thereby causes the death of, or bodily injury (as defined in section
1365 of title 18) to, a child, who is in utero at the time the conduct
takes place, is guilty of a separate offense under this section.
``(2)(A) Except as otherwise provided in this paragraph, the
punishment for that separate offense is the same as the punishment
provided under this chapter for that conduct had that injury or death
occurred to the unborn child's mother.
``(B) An offense under this section does not require proof that--
``(i) the person engaging in the conduct had knowledge or
should have had knowledge that the victim of the underlying
offense was pregnant; or
``(ii) the accused intended to cause the death of, or
bodily injury to, the unborn child.
``(C) If the person engaging in the conduct thereby intentionally
kills or attempts to kill the unborn child, that person shall, instead
of being punished under subparagraph (A), be punished as provided under
sections 880, 918, and 919(a) of this title (articles 80, 118, and
119(a)) for intentionally killing or attempting to kill a human being.
``(D) Notwithstanding any other provision of law, the death penalty
shall not be imposed for an offense under this section.
``(b) The provisions referred to in subsection (a) are sections
918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title
(articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128).
``(c) Nothing in this section shall be construed to permit the
prosecution--
``(1) of any person for conduct relating to an abortion for
which the consent of the pregnant woman, or a person authorized
by law to act on her behalf, has been obtained or for which
such consent is implied by law;
``(2) of any person for any medical treatment of the
pregnant woman or her unborn child; or
``(3) of any woman with respect to her unborn child.
``(d) In this section, the term `unborn child' means a child in
utero, and the term `child in utero' or `child, who is in utero' means
a member of the species homo sapiens, at any stage of development, who
is carried in the womb.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 919 the following new item:
``919a. 119a. Protection of unborn children.''.
Passed the House of Representatives September 30, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Specifies that a violation of such provisions does not require proof that: (1) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to cause the death of, or bodily injury to, the unborn child. Directs that if the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under the Federal criminal code for intentionally killing or attempting to kill a human being.Bars prosecution under this Act: (1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child. | Unborn Victims of Violence Act of 1999 |
SECTION 1. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON
CONTRIBUTIONS FROM PERSONS OTHER THAN LOCAL INDIVIDUAL
RESIDENTS.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended by adding at the end the following new subsection:
``(i) A candidate for the office of Representative in, or Delegate
or Resident Commissioner to, the Congress may not, with respect to a
reporting period for an election, accept contributions--
``(1) from persons other than individual residents of the
congressional district involved in excess of 50 percent of the
total of contributions accepted; or
``(2) from persons other than individual residents of the
State in which the congressional district involved is located
in excess of 10 percent of the total of contributions
accepted.''.
SEC. 2. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO CONTRIBUTIONS BY A
MULTICANDIDATE POLITICAL COMMITTEE TO A HOUSE OF
REPRESENTATIVES CANDIDATE.
Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the
following: ``, except that in the case of an election for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress, the limitation shall be $1,000''.
SEC. 3. BAN ON SOFT MONEY.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the
following new section:
``limitations and reporting requirements for amounts paid for mixed
political activities
``Sec. 323. (a) Any payment by the national committee of a
political party or a State committee of a political party for a mixed
political activity--
``(1) shall be subject to limitation and reporting under
this Act as if such payment were an expenditure; and
``(2) may be paid only from an account that is subject to
the requirements of this Act.
``(b) As used in this section, the term `mixed political activity'
means, with respect to a payment by the national committee of a
political party or a State committee of a political party, an activity,
such as a voter registration program, a get-out-the-vote drive, or
general political advertising, that is both (1) for the purpose of
influencing an election for Federal office, and (2) for any purpose
unrelated to influencing an election for Federal office.''.
(b) Repeal of Building Fund Exception to the Definition of the Term
``Contribution''.--Section 301(8)(B) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(8)(B)) is amended--
(1) by striking out clause (viii); and
(2) by redesignating clauses (ix) through (xiv) as clauses
(viii) through (xiii), respectively.
SEC. 4. AMENDMENTS TO COMMUNICATIONS ACT OF 1934.
Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is
amended--
(1) in subsection (b)(1)--
(A) by striking ``forty-five'' and inserting
``30'';
(B) by striking ``sixty'' and inserting ``45''; and
(C) by striking ``lowest unit charge of the station
for the same class and amount of time for the same
period'' and insert ``lowest charge of the station for
the same amount of time for the same period'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting immediately after subsection (b) the
following new subsection:
``(c)(1) Except as provided in paragraph (2), a licensee shall not
preempt the use, during any period specified in subsection (b)(1), of a
broadcasting station by a legally qualified candidate for public office
who has purchased and paid for such use pursuant to the provisions of
subsection (b)(1).
``(2) If a program to be broadcast by a broadcasting station is
preempted because of circumstances beyond the control of the
broadcasting station, any candidate advertising spot scheduled to be
broadcast during that program may also be preempted.''; and
(4) in subsection (d) (as redesignated by paragraph (2) of
this section)--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(C) by adding at the end thereof the following new
paragraph:
``(3) a station's lowest charge for purposes of paragraph
(1)--
``(A) with respect to a primary or primary runoff
election, is determined for the interval beginning 60
days before such election and ending on the date of
that election; and
``(B) with respect to a general or special
election, is determined for the interval beginning 90
days before such election and ending on the date of
that election.''. | Amends the Federal Election Campaign Act of 1971 to limit contributions to House of Representatives elections from persons other than local individual residents.
Reduces maximum House contribution amounts from multicandidate political committees (PACs).
Sets forth limitations and reporting requirements for amounts paid for mixed political activities ("soft money").
Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary and the last 45 (currently 60) days before a general election, at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control. | To amend the Federal Election Campaign Act of 1971 to reform House of Representatives campaign finance laws, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Custody Protection Act''.
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
RELATING TO ABORTION.
Title 18, United States Code, is amended by inserting after chapter
117 the following:
``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN
LAWS RELATING TO ABORTION
``Sec.
``2431. Transportation of minors in circumvention of certain laws
relating to abortion.
``2432. Transportation of minors in circumvention of certain laws
relating to abortion.
``Sec. 2431. Transportation of minors in circumvention of certain laws
relating to abortion
``(a) Offense.--
``(1) Generally.--Except as provided in subsection (b),
whoever knowingly transports a minor across a State line, with
the intent that such minor obtain an abortion, and thereby in
fact abridges the right of a parent under a law requiring
parental involvement in a minor's abortion decision, in force
in the State where the minor resides, shall be fined under this
title or imprisoned not more than one year, or both.
``(2) Definition.--For the purposes of this subsection, an
abridgement of the right of a parent occurs if an abortion is
performed or induced on the minor, in a State or a foreign
nation other than the State where the minor resides, without
the parental consent or notification, or the judicial
authorization, that would have been required by that law had
the abortion been performed in the State where the minor
resides.
``(b) Exceptions.--
``(1) The prohibition of subsection (a) does not apply if
the abortion was necessary to save the life of the minor
because her life was endangered by a physical disorder,
physical injury, or physical illness, including a life
endangering physical condition caused by or arising from the
pregnancy itself.
``(2) A minor transported in violation of this section, and
any parent of that minor, may not be prosecuted or sued for a
violation of this section, a conspiracy to violate this
section, or an offense under section 2 or 3 based on a
violation of this section.
``(c) Affirmative Defense.--It is an affirmative defense to a
prosecution for an offense, or to a civil action, based on a violation
of this section that the defendant--
``(1) reasonably believed, based on information the
defendant obtained directly from a parent of the minor, that
before the minor obtained the abortion, the parental consent or
notification took place that would have been required by the
law requiring parental involvement in a minor's abortion
decision, had the abortion been performed in the State where
the minor resides; or
``(2) was presented with documentation showing with a
reasonable degree of certainty that a court in the minor's
State of residence waived any parental notification required by
the laws of that State, or otherwise authorized that the minor
be allowed to procure an abortion.
``(d) Civil Action.--Any parent who suffers harm from a violation
of subsection (a) may obtain appropriate relief in a civil action
unless the parent has committed an act of incest with the minor subject
to subsection (a).
``(e) Definitions.--For the purposes of this section--
``(1) the term `abortion' means the use or prescription of
any instrument, medicine, drug, or any other substance or
device intentionally to terminate the pregnancy of a female
known to be pregnant, with an intention other than to increase
the probability of a live birth, to preserve the life or health
of the child after live birth, to terminate an ectopic
pregnancy, or to remove a dead unborn child who died as the
result of a spontaneous abortion, accidental trauma or a
criminal assault on the pregnant female or her unborn child;
``(2) the term a `law requiring parental involvement in a
minor's abortion decision' means a law--
``(A) requiring, before an abortion is performed on
a minor, either--
``(i) the notification to, or consent of, a
parent of that minor; or
``(ii) proceedings in a State court; and
``(B) that does not provide as an alternative to
the requirements described in subparagraph (A)
notification to or consent of any person or entity who
is not described in that subparagraph;
``(3) the term `minor' means an individual who is not older
than the maximum age requiring parental notification or
consent, or proceedings in a State court, under the law
requiring parental involvement in a minor's abortion decision;
``(4) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) a person standing in loco parentis who has
care and control of the minor, and with whom the minor
regularly resides, who is designated by the law
requiring parental involvement in the minor's abortion
decision as a person to whom notification, or from whom
consent, is required; and
``(5) the term `State' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States, and any Indian tribe or reservation.
``Sec. 2432. Transportation of minors in circumvention of certain laws
relating to abortion
``Notwithstanding section 2431(b)(2), whoever has committed an act
of incest with a minor and knowingly transports the minor across a
State line with the intent that such minor obtain an abortion, shall be
fined under this title or imprisoned not more than one year, or both.
For the purposes of this section, the terms `State', `minor', and
`abortion' have, respectively, the definitions given those terms in
section 2435.''.
SEC. 3. CLERICAL AMENDMENT.
The table of chapters at the beginning of part I of title 18,
United States Code, is amended by inserting after the item relating to
chapter 117 the following new items:
``117A. Transportation of minors in circumvention of certain 2431''.
laws relating to abortion. | Child Custody Protection Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minors state of residence that requires parental involvement in the minors abortion decision). Makes an exception for an abortion necessary to safe the life of the minor.
Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion.
Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, terminate an ectopic pregnancy, or remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child.
Imposes a fine and/or prison term of up to one year on anyone who has committed an act of incest with a minor and knowingly transports such minor across a state line to obtain an abortion. | A bill to amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare and Teenage Pregnancy
Reduction Act''.
SEC. 2. BLOCK GRANTS TO STATES FOR FAMILIES WITH DEPENDENT CHILDREN.
(a) In General.--Part A of title IV of the Social Security Act (42
U.S.C. 601-617) is amended to read as follows:
``Part A--Block Grants to States for Families With Dependent Children
``SEC. 401. ENTITLEMENT.
``For grants to which States meeting the requirements of this part
are entitled, there is authorized to be appropriated to the Secretary
for each fiscal year an amount equal to 103 percent of the aggregate
amount of Federal outlays under part A of this title (as in effect
immediately before the effective date of this part) for fiscal year
1992.
``SEC. 402. APPLICATION REQUIREMENTS.
``To be entitled to a grant under this part for a fiscal year, a
State must, not later than June 30 of the immediately preceding fiscal
year, submit to the Secretary an application which describes the State
program to assist families with dependent children, including the goals
and objectives of the program.
``SEC. 403. BLOCK GRANT.
``The Secretary shall make a grant to each State that meets the
requirement of section 402 in an amount equal to 103 percent of the
amount paid to the State under part A of this title (as in effect
immediately before the effective date of this part) for fiscal year
1992.
``SEC. 404. USE OF FUNDS.
``(a) In General.--Each State to which a grant is made under
section 403 for a fiscal year shall use the grant to carry out the
State program to assist families with dependent children.
``(b) Prohibitions.--Each State to which a grant is made under
section 403 for a fiscal year shall not use any Federal or State funds
provided to carry out the State program to assist families with
dependent children, to provide assistance during the fiscal year with
respect to a dependent child if--
``(1) the mother or father of the dependent child has not
attained 18 years of age; or
``(2) the paternity or maternity of the dependent child has
not been established.
``(c) Special Rule.--During a period not exceeding 1 year from the
date a family with a dependent child moves to a State to which a grant
is made under section 403 for a fiscal year from another State, the
State may--
``(1) apply the same rules as apply with respect to any
other dependent child in the State, in providing assistance
with respect to the dependent child under the State program to
assist families with dependent children; or
``(2) treat the dependent child in the same manner as such
other State would have treated the dependent child if the
dependent child had not moved from such other State.
``SEC. 405. DEFINITION OF DEPENDENT CHILD.
``As used in this part, the term `dependent child' means an
individual who--
``(1) is needy, as determined by the State in which the
child resides;
``(2) has been deprived of parental support or care due to
the death, continued absence from the home (other than absence
occasioned solely due to the performance of active duty in the
uniformed services of the United States), or physical or mental
incapacity of a parent;
``(3) is living with the individual's father, mother,
grandfather, grandmother, brother, sister, stepfather,
stepmother, stepbrother, stepsister, uncle, aunt, first cousin,
nephew, or niece, in a place of residence maintained by 1 or
more of such relatives as his, her, or their home; and
``(4) is--
``(A) not more than 18 years of age; or
``(B) at the option of the State--
``(i) not more than 19 years of age; and
``(ii) a full-time student in a secondary
school (or in the equivalent level of
vocational or technical training) who may
reasonably be expected to complete the program
of the secondary school (or the training)
before attaining 19 years of age.''.
``SEC. 406. ANNUAL REPORTS.
``Not later than 6 months after the end of each fiscal year for
which a State is made a grant under section 403, the State shall submit
to the Secretary a report which contains--
``(1) a statement of the average number of families with
dependent children in the State during the fiscal year;
``(2) in absolute and in percentage terms, the extent to
which there has been an increase or decrease, during the fiscal
year and since the effective date of this part, in--
``(A) teen pregnancies in the State;
``(B) births of children immediately eligible for
assistance through the State program of assistance to
families with dependent children;
``(C) families to whom such assistance has been
terminated due to the gainful employment of 1 or more
members of the family; and
``(D) absent parents who contribute financially to
the support of families receiving such assistance; and
``(3) the extent to which the State has met the goals and
objectives set forth in the application for the grant.
``SEC. 407. WITHHOLDING OF BLOCK GRANT.
``Notwithstanding any other provision of this part, beginning 4
years after the effective date of this part, the Secretary may suspend
or withhold for any period part or all of a grant to a State for a
fiscal year under this part if, after reviewing the State reports
submitted pursuant to section 406, the Secretary determines that the
State program of assistance to families with dependent children during
the immediately preceding fiscal year has not adequately met the needs
of the families.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1993.
(c) References in Other Laws.--Any reference in any law,
regulation, document, paper, or other record of the United States to
part A of title IV of the Social Security Act, or to a provision of law
contained in such part, shall, unless the context otherwise requires,
be considered to be a reference to such part, or such provision, as in
effect immediately before October 1, 1993.
SEC. 3. REDUCTION OF FEDERAL AFDC ADMINISTRATIVE COSTS.
(a) Cost-Reduction Requirement.--The Secretary of Health and Human
Services shall, using any authorities otherwise available, take such
actions as may be necessary to ensure that, for each fiscal year
beginning after September 30, 1994, the total administrative costs of
the program described in part A of title IV of the Social Security Act
shall not exceed 50 percent of the total administrative costs of that
program (as then in effect) for fiscal year 1992.
(b) Reporting Requirement.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall submit a written report to Congress describing--
(1) the actions which have been or will be taken in order
to achieve timely compliance with subsection (a);
(2) the procedures and criteria used in determining what
actions to take, including the reasons why each such action was
chosen;
(3) the savings anticipated from each action described
under paragraph (1); and
(4) the methodologies and assumptions used in connection
with any computations under this section. | Welfare and Teenage Pregnancy Reduction Act - Amends title IV of the Social Security Act (SSA) to replace the program of aid to families with dependent children under SSA title IV part A (AFDC) with a program of block grants to States for families with dependent children whose natural parents have attained age 18.
Directs the Secretary of Health and Human Services to report to the Congress on actions required under this Act to reduce AFDC administrative costs. | Welfare and Teenage Pregnancy Reduction Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Fire Safety Right to Know
Act''.
SEC. 2. DISCLOSURE OF FIRE SAFETY STANDARDS AND MEASURES WITH RESPECT
TO CAMPUS BUILDINGS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of subparagraph
(N);
(B) by striking the period at the end of
subparagraph (O) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(P) the fire safety report prepared by the institution
pursuant to subsection (h).''; and
(2) by adding at the end the following new subsection:
``(h) Disclosure of Fire Safety Standards and Measures.--
``(1) Fire safety reports required.--Each eligible
institution participating in any program under this title
shall, beginning in academic year 2002-2003, and each academic
year thereafter, prepare, publish, and distribute, through
appropriate publications, including the Internet, or mailings,
to all current students and employees, and upon request to any
applicant for enrollment or employment, an annual fire safety
report containing at least the following information with
respect to the campus fire safety practices and standards of
that institution:
``(A) A statement that identifies each student
housing facility of the institution, and whether each
such facility is equipped with a fire sprinkler system
or another equally protective fire safety system.
``(B) Statistics concerning the occurrence on
campus, during the 2 preceding academic years for which
data are available, of fires and false fire alarms.
``(C) For each such occurrence, a statement of the
human injuries or deaths and the structural damage
caused by the occurrence.
``(D) Information regarding fire alarms, smoke
alarms, the presence of adequate fire escape planning
or protocols, rules on portable electrical appliances,
smoking and open flames (such as candles), regular
mandatory supervised fire drills, and planned and
future improvement in fire safety.
``(E) Information about fire safety education and
training provided to students, faculty, and staff,
including the percentage of students, faculty, and
staff who have participated in such education and
training.
``(F) Information concerning fire safety at student
fraternities and sororities that are recognized by the
institution, including--
``(i) information reported to the
institution under paragraph (5); and
``(ii) a statement concerning whether and
how the institution works with recognized
student fraternities and sororities to make
buildings and property owned or controlled by
such fraternities or sororities more fire safe.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Secretary to require
particular policies, procedures, or practices by institutions
of higher education with respect to fire safety.
``(3) Reports.--Each institution participating in any
program under this title shall make timely reports to the
campus community on fires that are reported to local fire
departments and the incidence of false fire alarms on campus.
Such reports shall be provided to students and employees in a
manner that is timely and that will aid in the prevention of
similar occurrences.
``(4) Logs.--Each institution participating in any program
under this title shall make, keep, and maintain a log, written
in a form that can be easily understood, recording all fires
reported to local fire departments, including the nature, date,
time, and general location of each fire, and all false fire
alarms. All entries that are required pursuant to this
paragraph shall, except where disclosure of such information is
prohibited by law, be open to public inspection.
``(5) Fraternities and sororities.--Each institution
participating in a program under this title shall request each
fraternity and sorority that is recognized by the institution
to collect and report to the institution the information
described in subparagraphs (A) through (E) of paragraph (1), as
applied to the fraternity or sorority, for each building and
property owned or controlled by the fraternity or sorority,
respectively.
``(6) Reports to secretary.--On an annual basis, each
institution participating in any program under this title shall
submit to the Secretary a copy of the statistics required to be
made available under paragraph (1)(B). The Secretary shall--
``(A) review such statistics;
``(B) make copies of the statistics submitted to
the Secretary available to the public; and
``(C) in coordination with representatives of
institutions of higher education, identify exemplary
fire safety policies, procedures, and practices and
disseminate information concerning those policies,
procedures, and practices that have proven effective in
the reduction of campus fires.
``(7) Definition of campus.--In this subsection, the term
`campus' means--
``(A) any building or property owned or controlled
by an institution of higher education within the same
reasonably contiguous geographic area of the
institution and used by the institution in direct
support of, or in a manner related to, the
institution's educational purposes, including residence
halls; and
``(B) property within the same reasonably
contiguous geographic area of the institution that is
owned by the institution but controlled by another
person, is used by students, and supports institutional
purposes (such as a food or other retail vendor).''.
SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Education shall prepare and submit to Congress a report
containing--
(1) an analysis of the current status of fire safety
systems in college and university facilities, including
sprinkler systems;
(2) an analysis of the appropriate fire safety standards to
apply to these facilities, which the Secretary shall prepare
after consultation with such fire safety experts,
representatives of institutions of higher education, and other
Federal agencies as the Secretary, in the Secretary's
discretion, considers appropriate;
(3) an estimate of the cost of bringing all nonconforming
dormitories and other campus buildings up to current new
building codes or life safety codes; and
(4) recommendations from the Secretary concerning the best
means of meeting fire safety standards in all college and
university facilities, including recommendations for methods to
fund such cost. | Campus Fire Safety Right to Know Act - Amends the Higher Education Act of 1965 to require each eligible institution participating in any program under title IV (Student Assistance) to: (1) prepare, publish, and distribute to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report which discloses specified types of information about that institution's campus fire safety standards and practices; (2) make periodic reports to the campus community on fires and false alarms that are reported to local fire departments, to aid in preventing similar occurrences; and (3) submit annually to the Secretary of Education a copy of statistics on campus occurrences of fires and false fire alarms.Directs the Secretary to: (1) review such statistics; (2) make copies available to the public; (3) identify exemplary fire safety policies, procedures, and practices, and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires; and (4) report to Congress analyses of the current status of fire safety systems in college and university facilities, and of the appropriate fire safety standards to apply to these facilities, as well as cost estimates and recommendations. | A bill to provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Medical Treatment Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Advertising or labeling claims.--The term ``advertising
or labeling claims'' means any representations made or
suggested by statement, word, design, device, sound, or any
combination thereof with respect to treatment, including a
representation made or suggested by a label.
(2) Danger.--The term ``danger'' means any serious negative
reaction that--
(A) occurred as a result of a method of treatment;
(B) would not otherwise have occurred; and
(C) is more serious than reactions frequently
experienced with accepted treatments for the same or
similar health problems.
(3) Device.--The term ``device'' has the same meaning given
such term in section 201(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(h)).
(4) Drug.--The term ``drug'' has the same meaning given
such term in section 201(g)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(g)(1)).
(5) Food.--The term ``food'' has the same meaning given
such term in section 201(f) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(f)).
(6) Health care practitioner.--The term ``health care
practitioner'' means any properly licensed medical doctor,
osteopath, chiropractor, or naturopath.
(7) Label.--The term ``label'' has the same meaning given
such term in section 201(k) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(k)).
(8) Legal representative.--The term ``legal
representative'' means a parent or an individual who qualifies
as a legal guardian under State law.
(9) Treatment.--The term ``treatment'' means the use of
any food, drug, device, or procedure.
SEC. 3. ACCESS TO MEDICAL TREATMENT.
(a) In General.--Notwithstanding any other provision of law, and
except as provided in subsection (b), an individual shall be permitted
to be treated by a health care practitioner with any method of medical
treatment that such individual desires or the legal representative of
such individual authorizes if--
(1) such practitioner agrees to treat such individual; and
(2) the administration of such treatment falls within the
scope of the practice of such practitioner.
(b) Treatment Requirements.--A health care practitioner may provide
any method of treatment to an individual described in subsection (a)
if--
(1) there is no evidence that such treatment itself, when
taken as prescribed, is a danger to such individual;
(2) in the case of an individual whose treatment is the
administration of a food, drug, or device that has not been
approved by the Food and Drug Administration--
(A) such individual has been informed that such
food, drug, or device has not yet been approved or
certified by the Food and Drug Administration for use
of the medical condition of such individual; and
(B) such food, drug, or device (or information
accompanying the administration of such food, drug, or
device) contains the following warning:
``WARNING: This food, drug, or device has
not been proved safe and effective by the
Federal Government and any individual who uses
such food, drug, or device, does so at his or
her own risk.'';
(3) such individual has been informed of the nature of the
treatment, including--
(A) the contents of such treatment;
(B) any reasonably foreseeable side effects that
may result from such treatment; and
(C) the results of past applications of such
treatment by the health care practitioner and others;
(4) except as provided in subsection (c), there have been
no claims, including advertising and labeling claims, made with
respect to the efficacy of such treatment; and
(5) such individual--
(A) has been provided a written statement that such
individual has been fully informed with respect to the
information described in paragraphs (1) through (4);
(B) desires such treatment; and
(C) signs such statement.
(c) Claim Exceptions.--Subsection (b)(4) shall not apply to an
accurate and truthful reporting by a practitioner of the results of the
practitioner's administration of a treatment in recognized journals or
at seminars, conventions, or similar meetings, if the only financial
gain of such practitioner with respect to such treatment is the payment
received from an individual or representative of such individual for
the administration of such treatment to such individual.
SEC. 4. REPORTING OF A DANGEROUS TREATMENT.
If a practitioner, after administering such treatment, discovers
that the treatment itself (when taken as prescribed) was a danger to
the individual receiving the treatment, the practitioner shall
immediately report to the Secretary of Health and Human Services the
nature of the treatment, the results of such treatment, the complete
protocol of such treatment, and the source from which such treatment or
any part thereof was obtained.
SEC. 5. TRANSPORTATION OF MEDICATION AND EQUIPMENT.
Notwithstanding any other provision of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 201 et seq.), a person may introduce or deliver
into interstate commerce medication or equipment for use in accordance
with this Act.
SEC. 6. RESTRICTIONS ON LICENSING BOARDS.
A licensing board that issues licenses to health care practitioners
may not deny, suspend, or revoke the license of a health care
practitioner solely because such practitioner provides treatment to
which section 3 applies.
SEC. 7. PENALTY.
A health care practitioner who violates any provisions under this
Act shall not be covered by the protections under this Act and shall be
subject to all other applicable laws and regulations. | Access to Medical Treatment Act - Permits any individual to be treated by a health care practitioner with any method of medical treatment that such individual desires or the legal representative of such individual authorizes if: (1) the practitioner agrees to treat the individual; and (2) the administration of such treatment falls within the practitioner's scope of practice.
Authorizes health care practitioners to provide any method of treatment to such an individual if: (1) there is no evidence that the treatment is a danger to the individual; (2) in the case of treatment that is the administration of a food, drug, or device that has not been approved by the Food and Drug Administration, the individual has been informed that the treatment has not been approved and the food, drug, or device contains a warning to that effect; (3) the individual has been informed of the nature of the treatment; (4) there have been no claims, including advertising and labeling claims, made with respect to the efficacy of such treatment; and (5) the individual desires such treatment and has been provided and has signed a written statement that such individual has been fully informed with respect to such information.
Requires a practitioner, after administering such treatment and discovering it to be a danger to an individual, to submit a report to the Secretary of Health and Human Services.
Authorizes the introduction or delivery into interstate commerce of medication or equipment for use in accordance with this Act.
Prohibits a licensing board from denying, suspending, or revoking the license of a health care practitioner solely because such practitioner provides treatment described by this Act. | Access to Medical Treatment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowners' Protection Act of
2008''.
SEC. 2. WAIVER OF COUNSELING REQUIREMENT WHEN HOUSES ARE IN
FORECLOSURE.
Section 109(h) of title 11, United States Code, is amended by
adding at the end the following:
``(5) The requirements of paragraph (1) shall not apply in a case
under chapter 13 with respect to a debtor who submits to the court a
certification that the debtor has received notice that the holder of a
claim secured by the debtor's principal residence may commence a
foreclosure on the debtor's principal residence.''.
SEC. 3. AUTHORITY TO MODIFY CERTAIN MORTGAGES.
Section 1322(b) of title 11, United States Code, is amended--
(1) by redesignating paragraph (11) as paragraph (12),
(2) in paragraph (10) by striking ``and'' at the end, and
(3) by inserting after paragraph (10) the following:
``(11) notwithstanding paragraph (2) and otherwise
applicable nonbankruptcy law, with respect to a claim for a
debt for a loan secured by a security interest in the debtor's
principal residence that is the subject of a notice that a
foreclosure may be commenced, modify the rights of the holder
of such claim--
``(A) by reducing such claim to equal the value of
the interest of the debtor in such residence securing
such claim;
``(B) by waiving any otherwise applicable early
repayment or prepayment penalties;
``(C) if any applicable rate of interest is
adjustable under the terms of such security interest by
prohibiting, reducing, or delaying adjustments to such
rate of interest applicable on and after the date of
filing of the plan; and
``(D) by modifying the terms and conditions of such
loan--
``(i) to extend the repayment period for a
period that is the longer of 40 years (reduced
by the period for which such loan has been
outstanding) or the remaining term of such
loan, beginning on the date of the order for
relief under this chapter; and
``(ii) to provide for the payment of
interest accruing after the date of the order
for relief under this chapter at an annual
percentage rate calculated at a fixed annual
percentage rate, in an amount equal to the then
most recently published annual yield on
conventional mortgages published by the Board
of Governors of the Federal Reserve System, as
of the applicable time set forth in the rules
of the Board, plus a reasonable premium for
risk; and''.
SEC. 4. COMBATING EXCESSIVE FEES.
Section 1322(c) of title 11, the United States Code, is amended--
(1) in paragraph (1) by striking ``and'' at the end,
(2) in paragraph (2) by striking the period at the end and
inserting a semicolon, and
(3) by adding at the end the following:
``(3) the debtor, the debtor's property, and property of
the estate are not liable for a fee, cost, or charge that is
incurred while the case is pending and arises from a debt that
is secured by the debtor's principal residence except to the
extent that--
``(A) the holder of the claim for such debt files
with the court notice of such fee, cost, or charge
before the earlier of--
``(i) 1 year after such fee, cost, or
charge is incurred; or
``(ii) 60 days before the closing of the
case; and
``(B) such fee, cost, or charge--
``(i) is lawful under applicable
nonbankruptcy law, reasonable, and provided for
in the applicable security agreement; and
``(ii) is secured by property the value of
which is greater than the amount of such claim,
including such fee, cost, or charge;
``(4) the failure of a party to give notice described in
paragraph (3) shall be deemed a waiver of any claim for fees,
costs, or charges described in paragraph (3) for all purposes,
and any attempt to collect such fees, costs, or charges shall
constitute a violation of section 524(a)(2) or, if the
violation occurs before the date of discharge, of section
362(a); and
``(5) a plan may provide for the waiver of any prepayment
penalty on a claim secured by the debtor's principal
residence.''.
SEC. 5. CONFIRMATION OF PLAN.
Section 1325(a) of title 11, the United States Code, is amended--
(1) in paragraph (8) by striking ``and'' at the end,
(2) in paragraph (9) by striking the period at the end and
inserting a semicolon, and
(3) by inserting after paragraph (9) the following:
``(10) notwithstanding subclause (I) of paragraph
(5)(B)(i), the plan provides that the holder of a claim whose
rights are modified pursuant to section 1322(b)(11) retain the
lien until the later of--
``(A) the payment of such claim as reduced and
modified; or
``(B) discharge under section 1328; and
``(11) the plan modifies a claim in accordance with section
1322(b)(11), and the court finds that such modification is in
good faith.''.
SEC. 6. DISCHARGE.
Section 1328 of title 11, the United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(other than payments to holders
of claims whose rights are modified under section
1322(b)(11)'' after ``paid'' the 1st place it appears,
and
(B) in paragraph (1) by inserting ``or, to the
extent of the unpaid portion of the claim as reduced,
provided for in section 1322(b)(11)'' after
``1322(b)(5)'', and
(2) in subsection (c)(1) by inserting ``or, to the extent
of the unpaid portion of the claim as reduced, provided for in
section 1322(b)(11)'' after ``1322(b)(5)''.
SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall apply only with respect to cases commenced under title 11 of the
United States Code on or after the date of the enactment of this Act. | Homeowners' Protection Act of 2008 - Amends the federal bankruptcy code to eliminate the pre-petition credit counseling requirement for a debtor under chapter 13 (Adjustment of Debts of an Individual with Regular Income) who is facing foreclosure, if the debtor submits to the court a certification that the debtor has received notice that the holder of a claim secured by the debtor's principal residence may commence foreclosure.
Allows modification of the rights of claim holders, in the event of a foreclosure notice for a chapter 13 debtor, among other means by: (1) reducing a claim to equal the value of the debtor's interest in the residence securing such claim, and any adjustments to a related adjustable rate of interest; (2) waiving early repayment or prepayment penalties; and (3) extending the repayment period.
Denies debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements.
Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of such claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith.
Excludes from final discharge of a debtor from all debts: (1) any payments to claim holders whose rights are modified under this Act; and (2) any unpaid portion of a claim as reduced. | To amend title 11 of the United States Code with respect to modification of certain mortgages on principal residences, and for other purposes. |
OF IDENTITY THEFT DISPUTES.
The Commission shall require entities that receive disputes
regarding the unauthorized use of accounts of such entities from
consumers that have reason to believe that they are victims of identity
theft to conduct any necessary investigation and decide an outcome of a
claim within 90 days from the date on which all necessary information
to investigate the claim has been submitted to the entity.
SEC. 204. IMPROVEMENTS TO CONSUMER CLEARINGHOUSE.
The Commission shall utilize the Identity Theft Clearinghouse to
permit consumers that have a reasonable belief that they are victims of
identity theft to submit any information relevant to such identity
theft to the Clearinghouse (including by means of an Identity Theft
Affidavit), so that such information may be transmitted by the
Clearinghouse to appropriate entities for necessary protective action
and to mitigate losses resulting from such identity theft.
SEC. 205. IMPROVED IDENTITY THEFT DATA.
(a) In General.--The Commission shall--
(1) establish a process to contact, not less than annually,
public and private entities that receive and process complaints
from consumers that have a reasonable belief that they are
victims of identity theft; and
(2) obtain accurate data on the incidences and nature of
complaints from such entities.
(b) Inclusion in Database.--Such information shall be made part of
the Commission's Identity Theft Clearinghouse database.
SEC. 206. CHANGE OF ADDRESS PROTECTIONS.
The Commission shall require appropriate entities to take
reasonable steps to verify the accuracy of a consumer's address,
including by confirming a consumer's change of address by sending a
confirmation of such change to the old and the new address of the
consumer.
SEC. 207. EFFECTIVE DATE.
This title shall take effect 180 days after the date of enactment
of this Act.
TITLE III--INTERNATIONAL PROVISIONS
SEC. 301. STUDY BY COMPTROLLER GENERAL.
The Comptroller General of the United States shall conduct a study
and issue a report analyzing the impact on the interstate and foreign
commerce of the United States of information privacy laws, regulations,
or agreements enacted, promulgated, or adopted by other nations,
including regional or international agreements between nations, and
whether the enforcement mechanisms or procedures of those laws,
regulations, or agreements result in discriminatory treatment of United
States entities. The first report under this section shall be issued
not later than 120 days after the date of enactment of this Act and
subsequent reports shall be issued every 3 years thereafter.
SEC. 302. REMEDIATION OF DISCRIMINATORY IMPACT BY SECRETARY OF
COMMERCE.
If the Comptroller General of the United States finds, in the study
and report under section 301, that such information privacy laws,
regulations, or agreements substantially impede interstate and foreign
commerce of the United States and that the enforcement mechanisms or
procedures of the information privacy laws, regulations, or agreements
described in such subsection result in discriminatory treatment of
United States entities, the Secretary of Commerce shall, to the extent
permitted by law take all steps necessary to mitigate against such
discriminatory impact within 180 days after the report making such
findings is issued.
SEC. 303. EFFECT OF NONREMEDIATION.
(a) Recommendations.--If by the end of the 180-day period described
in section 302, the Secretary of Commerce has not attained complete
relief from the discriminatory impact described in such subsection, the
Secretary shall report to the Congress and the President
recommendations on action to relieve any such remaining discriminatory
impact.
(b) Federal Agency Action After Consideration by Congress.--During
the period after the Secretary reports recommendations under subsection
(a) for mitigation of discriminatory impact and before the Congress
acts with respect to such recommendations, no officer or employee of
any Federal agency may take or continue any action to enjoin, or impose
any penalty on, a United States entity, or a citizen or legal resident
of the United States, for the purpose of fulfilling an international
obligation of the United States under an international privacy
agreement (other than such an obligation under a ratified treaty) that
resulted in such discriminatory impact.
SEC. 304. HARMONIZATION OF INTERNATIONAL PRIVACY LAWS, REGULATIONS, AND
AGREEMENTS.
Beginning on the date of enactment of this Act, the Secretary of
Commerce shall provide notice of the provisions of this Act to other
nations, individually, or as members of international organizations or
unions that have enacted, promulgated, or adopted information privacy
laws, regulations, or agreements, and shall seek recognition of this
Act by such nations, organizations, or unions. The Secretary shall seek
the harmonization of this Act with such information privacy laws,
regulations, or agreements, to the extent such harmonization is
necessary for the advancement of transnational commerce, including
electronic commerce. | Consumer Privacy Protection Act of 2003 - Requires data collection organizations, under specified conditions, to notify consumers: (1) at the time of collection that their personally identifiable information may be used for an unrelated transaction purpose; and (2) of any material change in the organization's privacy policy statement immediately after each change.
Requires such organizations to establish a privacy policy with respect to the collection, sale, disclosure for consideration, or use of the consumer's information.
Requires an organization to provide consumers, without charge, the opportunity to preclude the sale or disclosure of their information to any organization that is not an information-sharing partner. Prescribes requirements for opportunities an organization may give consumers to limit other information practices of the organization.
Directs an organization to prepare and implement an information security policy that prevents the unauthorized disclosure or release of a consumer's information.
Requires the Federal Trade Commission (FTC) to presume that an organization is in compliance with this Act if it participates in an approved five-year self-regulatory program. Prescribes requirements for a self-regulatory consumer dispute resolution process.
Directs the FTC to: (1) facilitate electronic and promote the use of common identity theft affidavits; (2) require the timely resolution of identity theft disputes; (3) utilize the Identity Theft Clearinghouse to transmit information to appropriate entities for protective action and to mitigate losses; and (4) provide change of address protection for consumers.
Requires: (1) the Comptroller General to analyze the impact on U.S. interstate and foreign commerce of information privacy laws, regulations, or agreements enacted, promulgated, or adopted by other nations, and whether the enforcement mechanisms or procedures of them result in discriminatory treatment of U.S. entities; and (2) the Secretary of Commerce, based on such results, to take steps to mitigate against such discriminatory impact.
Directs the Secretary to seek harmonization of this Act with other international privacy laws, regulations, and agreements for the advancement of transnational and electronic commerce. | To protect and enhance consumer privacy, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Albuquerque Indian School Land
Transfer Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 19 pueblos.--The term ``19 Pueblos'' means the New
Mexico Indian Pueblos of--
(A) Acoma;
(B) Cochiti;
(C) Isleta;
(D) Jemez;
(E) Laguna;
(F) Nambe;
(G) Ohkay Owingeh (San Juan);
(H) Picuris;
(I) Pojoaque;
(J) San Felipe;
(K) San Ildefonso;
(L) Sandia;
(M) Santa Ana;
(N) Santa Clara;
(O) Santo Domingo;
(P) Taos;
(Q) Tesuque;
(R) Zia; and
(S) Zuni.
(2) Map.--The term ``map'' means the map entitled ``The
Town of Albuquerque Grant, Bernalillo County, within Township
10 North, Range 3 East, of the New Mexico Principal Meridian,
New Mexico--Metes and Bounds Survey'' and dated August 12,
2011.
(3) Secretary.--The term ``Secretary'' means Secretary of
the Interior.
SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF 19 PUEBLOS.
(a) Action by Secretary.--
(1) In general.--The Secretary shall take into trust all
right, title, and interest of the United States in and to the
Federal land described in subsection (b) for the benefit of the
19 Pueblos immediately after the Secretary determines that the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) have been satisfied regarding the
trust acquisition of the Federal land.
(2) Administration.--The Secretary shall--
(A) take such action as the Secretary determines to
be necessary to document the transfer under paragraph
(1); and
(B) appropriately assign each applicable private
and municipal utility and service right or agreement.
(b) Description of Land.--The Federal land referred to in
subsection (a)(1) is the 4 tracts of Federal land, the combined acreage
of which is approximately 11.11 acres, that were historically part of
the Albuquerque Indian School, more particularly described as follows:
(1) Abandoned indian school road.--The approximately 0.83
acres located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the
New Mexico Principal Meridian in Albuquerque, New Mexico, as
identified on the map.
(2) Southern part tract d.--The approximately 6.18 acres
located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico
Principal Meridian in Albuquerque, New Mexico, as identified on
the map.
(3) Tract 1.--The approximately 0.41 acres located in sec.
7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in
Albuquerque, New Mexico, as identified on the map.
(4) Western part tract b.--The approximately 3.69 acres
located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico
Principal Meridian in Albuquerque, New Mexico, as identified on
the map.
(c) Survey.--The Secretary shall conduct a survey of the Federal
land to be transferred consistent with subsection (b) and may make
minor corrections to the survey and legal description of the Federal
land described in subsection (b) as the Secretary determines to be
necessary to correct clerical, typographical, and surveying errors.
(d) Use of Land.--The Federal land taken into trust under
subsection (a) shall be used for the educational, health, cultural,
business, and economic development of the 19 Pueblos.
(e) Limitations and Conditions.--The Federal land taken into trust
under subsection (a) shall remain subject to any private or municipal
encumbrance, right-of-way, restriction, easement of record, or utility
service agreement in effect on the date of enactment of this Act.
(f) Bureau of Indian Affairs Use.--
(1) In general.--The 19 Pueblos shall allow the Bureau of
Indian Affairs to continue to use the land taken into trust
under subsection (a) for the facilities and purposes as in
existence on the date of enactment of this Act, in accordance
with paragraph (2).
(2) Requirements.--The use by the Bureau of Indian Affairs
under paragraph (1) shall--
(A) be free of any rental charge; and
(B) continue until such time as the Secretary
determines there is no further need for the existing
Bureau of Indian Affairs facilities.
SEC. 4. EFFECT OF OTHER LAWS.
(a) In General.--Subject to subsection (b), Federal land taken into
trust under section 3(a) shall be subject to Federal laws relating to
Indian land.
(b) Gaming.--No class I gaming, class II gaming, or class III
gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25
U.S.C. 2703)) shall be carried out on the Federal land taken into trust
under section 3(a). | . Albuquerque Indian School Land Transfer Act (Sec. 3) Directs the Department of the Interior to take into trust 4 tracts of federal land in New Mexico, the combined acreage of which is approximately 11.11 acres, that were historically part of the Albuquerque Indian School for the benefit of 19 specified pueblos immediately after the requirements of the National Environmental Policy Act of 1969 have been satisfied regarding the trust acquisition of such federal land. Requires the federal lands taken into trust to: be used for the educational, health, cultural, business, and economic development of the 19 pueblos; and remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on this Act's enactment date. Requires the 19 pueblos to allow the Bureau of Indian Affairs to continue to use the federal lands taken into trust for the facilities and purposes in existence on this Act's enactment date. (Sec. 4) Prohibits gaming on the federal lands taken into trust under this Act. | Albuquerque Indian School Land Transfer Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Theodore Roosevelt Commemorative
Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Theodore Roosevelt, one of America's greatest
presidents, was born on October 27, 1858, in New York City, New
York.
(2) At the young age of 23, Theodore Roosevelt was elected
to the first of 3 terms as a representative in the New York
State Assembly (1882-1884).
(3) From 1895-1897, Theodore Roosevelt served as
Commissioner of the New York City Police Department.
(4) While serving as Assistant Secretary of the Navy under
President William McKinley (1897-1898), Theodore Roosevelt
organized the First United States Volunteer Cavalry Regiment,
popularly known as the ``Rough Riders'', and then served as
Colonel of this regiment during the Spanish-American War.
(5) From 1898-1900, Theodore Roosevelt served as Governor
of New York.
(6) In 1900, with the election of President McKinley,
Theodore Roosevelt was elected as the 25th Vice-President of
the United States.
(7) Becoming the 26th President of the United States the
following year, Theodore Roosevelt took a very active role in
foreign affairs, establishing the United States as a new world
power, and instituted broad reforms, at home, particularly with
respect to labor, monopolies, and conservation, until the end
of his presidency in 1909.
(8) On January 16, 2001, Theodore Roosevelt was
posthumously awarded the Congressional Medal of Honor for
leading a charge up the San Juan Heights in Cuba during the
Spanish-American War, shortly before the war ended, thereby
becoming the first President of the United States to be awarded
the Congressional Medal of Honor.
(9) 2006 will mark the 100th anniversary of Theodore
Roosevelt receiving the Nobel Peace Prize, the first citizen of
the United States to receive such prize, for drawing up the
1905 peace treaty ending the Russo-Japanese War.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereinafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) 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, each
of 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 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
(d) Use of the United States Mint at West Point, New York.--It is
the sense of the Congress that the coins minted under this Act should
be struck at the United States Mint at West Point, New York, to the
greatest extent possible.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall--
(A) be emblematic of the life and legacy of
President Theodore Roosevelt; and
(B) use the designs of James Earle Fraser or
Augustus Saint-Gaudens, 2 sculptors most closely
associated with the revitalization of the United States
coinage, commonly referred to as the ``Golden Age of
American Coin Design'', that was initiated by President
Theodore Roosevelt.
(2) Obverse.--The obverse of the coins minted under this
Act shall bear the image of Theodore Roosevelt as a Rough Rider
that was used on the James Earle Fraser medal of 1920.
(3) Reverse.--The reverse of the coins minted under this
Act shall bear the eagle design, with motto, from the $20 gold
``double eagle'' coin produced between 1907 and 1933 and
designed by Augustus Saint-Gaudens.
(4) 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 ``2006''; 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 selected by the Secretary after consultation with the
Commission of Fine Arts.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2006, except that the Secretary may
initiate sales of such coins, without issuance, before such date.
(c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2006.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the face value, plus the cost of designing and issuing such
coins (including labor, materials, dies, use of machinery, overhead
expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(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) Surcharge Required.--All sales shall include a surcharge of $35
per coin for the $5 coins and $10 per coin for the $1 coins.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary to the Theodore Roosevelt Association to be used exclusively
for educational programs at Sagamore Hill National Historic Site,
operated by the National Park Service, including for the construction
and maintenance of a visitor's center.
(c) Audits.--The Theodore Roosevelt Association shall be subject to
the audit requirements of section 5134(f)(2) of title 31, United States
Code. | Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 coins and 500,000 $1 coins emblematic of the life and legacy of President Theodore Roosevelt. Requires the coins to be issued in 2006 to mark the 100th anniversary of Roosevelt receiving the Nobel Peace Prize. Requires surcharges from the sale of the coins to be paid to the Theodore Roosevelt Association to be used exclusively for educational programs at Sagamore Hill National Historic Site, including for construction and maintenance of a visitor's center. | To require the Secretary of the Treasury to mint coins in commemoration of the centenary of the bestowal of the Nobel Peace Prize on President Theodore Roosevelt, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children of Fallen Heroes
Scholarship Act''.
SEC. 2. CALCULATION OF ELIGIBILITY.
Section 473(b) of the Higher Education Act of 1965 (20 U.S.C.
1087mm(b)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
inserting ``(in the case of a student who meets the
requirement of subparagraph (B)(i)), or academic year
2015-2016 (in the case of a student who meets the
requirement of subparagraph (B)(ii)),'' after
``academic year 2009-2010''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) whose parent or guardian was--
``(i) a member of the Armed Forces of the
United States and died as a result of
performing military service in Iraq or
Afghanistan after September 11, 2001; or
``(ii) actively serving as a public safety
officer and died in the line of duty while
performing as a public safety officer; and'';
(2) in paragraph (3)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(A) Armed forces.--Notwithstanding'';
(B) by striking ``paragraph (2)'' and inserting
``subparagraphs (A), (B)(i), and (C) of paragraph
(2)''; and
(C) by adding at the end the following:
``(B) Public safety officers.--Notwithstanding any
other provision of law, unless the Secretary
establishes an alternate method to adjust the expected
family contribution, for each student who meets the
requirements of subparagraphs (A), (B)(ii), and (C) of
paragraph (2), a financial aid administrator shall--
``(i) verify with the student that the
student is eligible for the adjustment;
``(ii) adjust the expected family
contribution in accordance with this
subsection; and
``(iii) notify the Secretary of the
adjustment and the student's eligibility for
the adjustment.''; and
(3) by adding at the end the following:
``(4) Treatment of pell amount.--Notwithstanding section
1212 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796d-1), in the case of a student who receives an
increased Federal Pell Grant amount under this section, the
total amount of such Federal Pell Grant, including the increase
under this subsection, shall not be considered in calculating
that student's educational assistance benefits under the Public
Safety Officers' Benefits program under subpart 2 of part L of
title I of such Act.
``(5) Definition of public safety officer.--For purposes of
this subsection, the term `public safety officer' means--
``(A) a public safety officer, as defined in
section 1204 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b); or
``(B) a fire police officer, defined as an
individual who--
``(i) is serving in accordance with State
or local law as an officially recognized or
designated member of a legally organized public
safety agency;
``(ii) is not a law enforcement officer, a
firefighter, a chaplain, or a member of a
rescue squad or ambulance crew; and
``(iii) provides scene security or directs
traffic--
``(I) in response to any fire
drill, fire call, or other fire,
rescue, or police emergency; or
``(II) at a planned special
event.''.
SEC. 3. CALCULATION OF PELL GRANT AMOUNT.
Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(2)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``The Amount'' and inserting ``Subject to
subparagraph (C), the amount''; and
(2) by adding at the end the following new subparagraph:
``(C) In the case of a student who meets the
requirements of subparagraphs (A), (B)(ii), and (C) of
section 473(b)(2)--
``(i) clause (ii) of subparagraph (A) of
this paragraph shall be applied by substituting
`from the amounts appropriated in the last
enacted appropriation Act applicable to that
award year, an amount equal to the amount of
the increase calculated under paragraph (7)(B)
for that year' for `the amount of the increase
calculated under paragraph (7)(B) for that
year'; and
``(ii) such student--
``(I) shall be provided an amount
under clause (i) of this subparagraph
only to the extent that funds are
specifically provided in advance in an
appropriation Act to such students for
that award year; and
``(II) shall not be eligible for
the amounts made available pursuant to
clauses (i) through (iii) of paragraph
(7)(A).''.
SEC. 4. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 5. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
July 1, 2015.
Passed the Senate May 10, 2016.
Attest:
JULIE E. ADAMS,
Secretary. | . Children of Fallen Heroes Scholarship Act (Sec. 2) This bill amends the Higher Education Act of 1965 to eliminate the expected family contribution (EFC) used to determine financial need in the case of a Pell Grant-eligible student whose parent or guardian died in the line of duty as a police officer, firefighter, or other public safety officer. Such student is eligible to receive an automatic zero EFC and qualify for the maximum Pell Grant award if the student was less than 24 years old or enrolled at an institution of higher education at the time of the parent or guardian's death. (Sec. 4) It specifies procedures for determining the budgetary effects of this bill for compliance with the Statutory Pay-As-You-Go (PAYGO) Act of 2010. | Children of Fallen Heroes Scholarship Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness to Pet Owners Act of
2014''.
SEC. 2. APPLICABILITY.
This Act shall only apply to medication for a domesticated
household animal that the Federal Government prevents consumers from
purchasing without a prescription.
SEC. 3. RULES ON VETERINARY PRESCRIPTIONS.
Not later than 180 days after the date of the enactment of this
Act, the Federal Trade Commission shall promulgate rules in accordance
with section 553 of title 5, United States Code, that include the
following requirements with regard to a veterinary prescription:
(1) In general.--A requirement that the prescriber of an
animal drug shall--
(A) whether or not requested by the pet owner,
provide to the pet owner, before offering to fill or
dispensing, a veterinary prescription, a copy of the
veterinary prescription, including by electronic or
other means;
(B) provide a copy of the prescription by
electronic or other means consistent with applicable
State law, if requested by a pharmacy or any other
person designated to act on behalf of the pet owner;
and
(C) upon request by a pharmacy or any other person
designated to act on behalf of the pet owner, verify
the prescription.
(2) Purchase, payment, and waiver.--A requirement that the
prescriber of an animal drug--
(A) may not--
(i) require purchase of the animal drug for
which the veterinary prescription was written
from the prescriber or from another person as a
condition of providing a copy of the veterinary
prescription or verifying such prescription
under paragraph (1);
(ii) require payment in addition to, or as
part of, the fee for an examination and
evaluation as a condition of providing a copy
of the veterinary prescription or verifying
such prescription under paragraph (1); or
(iii) require the pet owner to sign a
waiver or disclaim liability, or deliver to the
pet owner a notice waiving or disclaiming
liability of the prescriber for the accuracy of
the veterinary prescription, as a condition of
providing a copy of such prescription or
verifying such prescription under paragraph
(1); and
(B) may require payment of fees for an examination
and evaluation before providing a veterinary
prescription, but only if the prescriber requires
immediate payment in the case of an examination that
reveals no requirement for an animal drug.
SEC. 4. ENFORCEMENT.
(a) Unfair or Deceptive Act or Practice.--A violation of a rule
prescribed pursuant to section 3 of this Act shall be treated as a
violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)).
(b) Powers of Commission.--
(1) In general.--The Federal Trade Commission shall enforce
this Act in the same manner, by the same means, and with the
same jurisdiction as though all applicable terms and provisions
of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were
incorporated into and made a part of this Act.
(2) Privileges and immunities.--Any person who violates a
rule prescribed pursuant to section 3 of this Act shall be
subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
SEC. 5. DEFINITIONS.
In this Act:
(1) Animal drug.--The term ``animal drug'' means a drug
intended to be administered to an animal that may not be
dispensed without a prescription.
(2) Domesticated household animal.--The term ``domesticated
household animal'' means a companion animal permitted under
applicable State and local law to be kept in a home for
noncommercial purposes.
(3) Pet owner.--The term ``pet owner'' means the legal
owner of a domesticated household animal or a person designated
by such owner to present such animal to the prescriber for
care.
(4) Prescriber.--The term ``prescriber'' means a health
care practitioner who is licensed to practice veterinary
medicine or other person permitted under State law to issue
prescriptions for animal drugs.
(5) Veterinary prescription.--The term ``veterinary
prescription''--
(A) means a written, oral, or electronic order from
a prescriber authorizing the dispensing of an animal
drug for use by a domesticated household animal and
normally administered to the animal by its owner,
issued in accordance with State and Federal law; and
(B) does not include an animal drug administered by
the veterinarian in the course of providing acute care. | Fairness to Pet Owners Act of 2014 - Directs the Federal Trade Commission (FTC) to require prescribers of animal drugs to verify prescriptions and provide copies of prescriptions to pet owners, pet owner designees, and pharmacies, without the prescriber demanding payment or establishing other conditions. Treats a violation of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act. | Fairness to Pet Owners Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Regulating Act of 2000''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) increase the transparency of important regulatory
decisions;
(2) promote effective congressional oversight to ensure
that agency rules fulfill statutory requirements in an
efficient, effective, and fair manner; and
(3) increase the accountability of Congress and the
agencies to the people they serve.
SEC. 3. DEFINITIONS.
In this Act, the term--
(1) ``agency'' has the meaning given such term under
section 3502(1) of title 44, United States Code, except that
such term shall not include an independent regulatory agency,
as that term is defined in section 3502(5) of such title;
(2) ``economically significant rule'' means any proposed or
final rule, including an interim or direct final rule, that may
have an annual effect on the economy of $100,000,000 or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment,
public health or safety, or State, local, or tribal governments
or communities, or for which an agency has prepared an initial
or final regulatory flexibility analysis pursuant to section
603 or 604 of title 5, United States Code; and
(3) ``independent evaluation'' means a substantive
evaluation of the agency's data, methodology, and assumptions
used in developing the economically significant rule,
including--
(A) an explanation of how any strengths or
weaknesses in those data, methodology, and assumptions
support or detract from conclusions reached by the
agency; and
(B) the implications, if any, of those strengths or
weaknesses for the rulemaking.
SEC. 4. PILOT PROJECT FOR REPORT ON RULES.
(a) In General.--
(1) Request for review.--When an agency publishes an
economically significant rule, a chairman or ranking member of
a committee of jurisdiction of either House of Congress may
request the Comptroller General of the United States to review
the rule.
(2) Report.--The Comptroller General shall submit a report
on each economically significant rule selected under paragraph
(4) to the committees of jurisdiction in each House of Congress
not later than 180 calendar days after a committee request is
received, or in the case of a committee request for review of a
notice of proposed rulemaking or an interim final rulemaking,
by the end of the period for submission of comment regarding
the rulemaking, if practicable. The report shall include an
independent evaluation of the economically significant rule by
the Comptroller General.
(3) Independent evaluation.--The independent evaluation of
the economically significant rule by the Comptroller General
under paragraph (2) shall include--
(A) an evaluation of an agency's analysis of the
potential benefits of the rule, including any
beneficial effects that cannot be quantified in
monetary terms and the identification of the persons or
entities likely to receive the benefits;
(B) an evaluation of an agency's analysis of the
potential costs of the rule, including any adverse
effects that cannot be quantified in monetary terms and
the identification of the persons or entities likely to
bear the costs;
(C) an evaluation of an agency's analysis of
alternative approaches set forth in the notice of
proposed rulemaking and in the rulemaking record, as
well as of any regulatory impact analysis, federalism
assessment, or other analysis or assessment prepared by
the agency or required for the economically significant
rule; and
(D) a summary of the results of the evaluation of
the Comptroller General and the implications of those
results.
(4) Procedures for priorities of requests.--The Comptroller
General shall have discretion to develop procedures for
determining the priority and number of requests for review
under paragraph (1) for which a report will be submitted under
paragraph (2).
(b) Authority of Comptroller General.--Each agency shall promptly
cooperate with the Comptroller General in carrying out this Act.
Nothing in this Act is intended to expand or limit the authority of the
General Accounting Office.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the General Accounting
Office to carry out this Act $5,200,000 for each of fiscal years 2001
through 2003.
SEC. 6. EFFECTIVE DATE AND DURATION OF PILOT PROJECT.
(a) Effective Date.--This Act shall take effect 90 days after the
date of the enactment of this Act.
(b) Duration of Pilot Project.--The pilot project under this Act
shall continue for a period of 3 years, if in each fiscal year, or
portion thereof included in that period, a specific annual
appropriation not less than $5,200,000 or the pro-rated equivalent
thereof shall have been made for the pilot project.
(c) Report.--Before the conclusion of the 3-year period, the
Comptroller General shall submit to Congress a report reviewing the
effectiveness of the pilot project and recommending whether or not
Congress should permanently authorize the pilot project.
Passed the House of Representatives July 25, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Authorizes appropriations for FY 2001 through 2003.
Provides for the pilot project established under this Act to continue for a three-year period, if specified appropriations are provided. Requires the Comptroller General to report to Congress on such project's effectiveness and on whether it should be authorized permanently. | Truth in Regulating Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Prescription Drug Savings
Act of 2003''.
SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PRESCRIPTION DRUG PLAN
OPTION.
(a) In General.--Subpart 2 of part D of the Social Security Act, as
added by section 101 of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003, is amended by inserting after section
1860D-11 the following new section:
``medicare operated prescription drug plan option
``Sec. 1860D-11A. (a) In General.--Notwithstanding any other
provision of this part, for each year (beginning with 2006), in
addition to any plans offered under section 1860D-11, the Secretary
shall offer a medicare operated prescription drug plan (as defined in
subsection (c)) with a service area that consists of the entire United
States and shall enter into negotiations with pharmaceutical
manufacturers to reduce the purchase cost of covered part D drugs for
eligible part D individuals in accordance with subsection (b).
``(b) Negotiations.--Notwithstanding section 1860D-11(i), for
purposes of offering a medicare operated prescription drug plan under
this section, the Secretary shall negotiate with pharmaceutical
manufacturers with respect to the purchase price of covered part D
drugs and shall encourage the use of more affordable therapeutic
equivalents to the extent such practices do not override medical
necessity as determined by the prescribing physician. To the extent
practicable and consistent with the previous sentence, the Secretary
shall implement strategies similar to those used by other Federal
purchasers of prescription drugs, and other strategies, to reduce the
purchase cost of covered part D drugs.
``(c) Medicare Operated Prescription Drug Plan Defined.--For
purposes of this part, the term `medicare operated prescription drug
plan' means a prescription drug plan that only offers the standard
prescription drug coverage and access to negotiated prices described in
section 1860D-2(a)(1)(A) and does not include any supplemental
prescription drug coverage.
``(d) Monthly Beneficiary Premium.--The monthly beneficiary premium
to be charged under a medicare operated prescription drug plan shall be
uniform nationally and shall be determined by the Secretary related to
the Secretary's estimate of the average monthly per capita actuarial
cost, including administrative expenses, under the medicare operated
prescription drug plan of providing coverage in the region, as
calculated by the Chief Actuary of the Centers for Medicare & Medicaid
Services. In calculating such administrative expenses, the Chief
Actuary shall use a factor that is based on similar expenses of
prescription drug plans that are not medicare operated prescription
drug plans.''.
(b) Conforming Amendments.--
(1) Section 1860D-3(a) of the Social Security Act, as added
by section 101 of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003, is amended by adding at the end
the following new paragraph:
``(4) Availability of the medicare operated prescription
drug plan.--
``(A) In general.--A medicare operated prescription
drug plan (as defined in section 1860D-11A(c)) shall be
offered nationally in accordance with section 1860D-
11A.
``(B) Relationship to other plans.--
``(i) In general.--Subject to clause (ii),
a medicare operated prescription drug plan
shall be offered in addition to any qualifying
plan or fallback prescription drug plan offered
in a PDP region and shall not be considered to
be such a plan purposes of meeting the
requirements of this subsection.
``(ii) Designation as a fallback plan.--
Notwithstanding any other provision of this
part, the Secretary may designate the medicare
operated prescription drug plan as the fallback
prescription drug plan for any fallback service
area (as defined in section 1860D-11(g)(3))
determined to be appropriate by the
Secretary.''.
(2) Section 1860D-13(c)(3) of such Act, as added by such
section, is amended--
(A) in the heading, by inserting ``and medicare
operated prescription drug plans'' after ``Fallback
plans''; and
(B) by inserting ``or a medicare operated
prescription drug plan'' after ``a fallback
prescription drug plan''.
(3) Section 1860D-16(b)(1) of such Act, as added by such
section, is amended--
(A) in subparagraph (C), by striking ``and'' after
the semicolon at the end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
``(E) payments for expenses incurred with respect
to the operation of medicare operated prescription drug
plans under section 1860D-11A.''.
(4) Section 1860D-41(a) of such Act, as added by such
section, is amended by adding at the end the following new
paragraph:
``(19) Medicare operated prescription drug plan.--The term
`medicare operated prescription drug plan' has the meaning
given such term in section 1860D-11A(c).''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 101 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003. | Medicare Prescription Drug Savings Act of 2003 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act, as added by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to direct the Secretary of Health and Human Services, for each year beginning with 2006, to: (1) offer a Medicare operated prescription drug plan nationally that only offers standard prescription drug coverage and access to negotiated prices, but not any supplemental prescription drug coverage; and (2) enter into negotiations with pharmaceutical manufacturers to reduce the purchase cost of covered Medicare part D drugs for eligible part D individuals, and encourage use of more affordable therapeutic equivalents. Requires the monthly beneficiary premium charged under such a plan to be uniform nationally and determined by the Secretary. | A bill to amend title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under the medicare program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Marihuana And Regulatory
Tolerance Enforcement Act''.
SEC. 2. INAPPLICABILITY OF CONTROLLED SUBSTANCES ACT TO MARIHUANA IN
CERTAIN STATES.
(a) In General.--Part E of the Controlled Substances Act (21 U.S.C.
871 et seq.) is amended by adding at the end the following:
``SEC. 521. INAPPLICABILITY TO MARIHUANA IN CERTAIN STATES.
``(a) In General.--For the period described in subsection (b), this
title shall not apply with respect to the production, manufacture,
distribution, prescribing, dispensing, possession, and use of marihuana
in a State if each of the following conditions is met:
``(1) The State submits a request to the Attorney General
certifying that the State has legalized marihuana for
recreational or medical use.
``(2) The request includes a certification that the State
has, or will have, in effect a statewide regulatory regime for
marihuana that is sufficient to protect Federal interests,
including each of the following:
``(A) Preventing the distribution of marihuana to
minors.
``(B) Preventing revenue from the sale of marihuana
from going to criminal enterprises, gangs, and cartels.
``(C) Preventing the diversion of marihuana from
States where the manufacture, distribution, dispensing,
and possession of marihuana is legal to other States.
``(D) Preventing State-authorized marihuana
activity from being used as a cover or pretext for the
trafficking of other illegal drugs or other illegal
activity.
``(E) Preventing violence and the use of firearms
in the cultivation and distribution of marihuana.
``(F) Preventing drugged driving and the
exacerbation of other adverse public health
consequences associated with marihuana use.
``(G) Preventing the growing of marihuana on public
lands and the attendant public safety and environmental
dangers posed by marihuana production on public lands.
``(H) Preventing marihuana possession or use on
Federal property.
``(I) Preventing distribution of tainted marihuana.
``(3) The State agrees to study and report annually to the
Attorney General regarding outcomes of legalizing marihuana in
the State on the following:
``(A) Youth marihuana use.
``(B) Rates of driving while intoxicated.
``(C) Diversion to other States.
``(D) Prevalence of drug-related organized crime
activity.
``(b) Duration of Period.--Subject to subsection (c), the period
described in this subsection is, with respect to a State--
``(1) the period of 3 years beginning on the date of
receipt by the Attorney General of a request under subsection
(a)(1); and
``(2) any subsequent, consecutive 3-year period if, by the
beginning of such period, the State submits a request under
subsection (a)(1) for such period.
``(c) Delayed Effective Date.--The effective period of a request
under subsection (a)(1) shall commence not sooner than the effective
date of the State's regulatory regime required by subsection (a)(2).
``(d) Loss of Waiver.--
``(1) In general.--The Attorney General may--
``(A) continually review the production,
manufacture, distribution, prescribing, dispensing,
possession, and use of marihuana in a State with a
waiver in effect under subsection (a); and
``(B) after providing notice and an opportunity to
correct under paragraph (2), revoke such waiver if the
Attorney General finds, with respect to such State,
that the conditions listed in subsection (a) are no
longer met.
``(2) Notice; opportunity to correct.--If the Attorney
General finds that the conditions listed in subsection (a) are
no longer met, the Attorney General shall give the State
involved--
``(A) notice of such finding; and
``(B) a period of not less than 180 days to correct
any failure to meet the conditions listed in subsection
(a).
``(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Federal Government from providing assistance
to a State (under Federal law other than this title) in the
implementation or enforcement of State law relating to the production,
manufacture, distribution, prescribing, dispensing, possession, or use
of marihuana.
``(f) Definition.--In this section, the term `tainted' means
containing microbes, pesticides, or controlled substances other than
marihuana.''.
(b) Clerical Amendment.--The table of contents at the beginning of
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public
Law 91-513) is amended by inserting at the end of the items relating to
part E of title II the following new item:
``Sec. 521. Inapplicability to marihuana in certain States.''. | State Marihuana And Regulatory Tolerance Enforcement Act This bill amends the Controlled Substances Act to prohibit federal enforcement of marijuana offenses in a state that: (1) requests a waiver from the Department of Justice (DOJ) certifying that it legalized marijuana; (2) certifies that it has or will have a regulatory scheme sufficient to protect federal interests (e.g., preventing marijuana distribution to minors); and (3) agrees to study and report on certain outcomes. DOJ may revoke the waiver of a state that fails to meets the conditions. | State Marihuana And Regulatory Tolerance Enforcement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Credit for Charitable
Contributions Act of 2003''.
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 25B the
following new section:
``SEC. 25C. 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 $100 (twice such amount in the case of a
joint return).
``(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 described in section 501(c)(3) and exempt from tax
under section 501(a)--
``(A) which is certified by the Secretary as
meeting the requirements of paragraphs (2) and (3),
``(B) which is organized under the laws of the
United States or of any State in which the organization
is qualified to operate, and
``(C) which is required, or elects to be treated as
being required, to file returns under section 6033.
``(2) Charity must primarily assist the poor.--An
organization meets the requirements of this paragraph only if
the predominant activity of such organization is the provision
of services to individuals whose annual incomes generally do
not exceed 150 percent of the official poverty line (as defined
by the Office of Management and Budget).
``(3) Minimum expenditure requirement.--
``(A) In general.--An organization meets the
requirements of this paragraph only if the Secretary
reasonably expects that the annual exempt purpose
expenditures of such organization will not be less than
70 percent of the annual aggregate expenditures of such
organization.
``(B) Exempt purpose expenditure.--For purposes of
subparagraph (A)--
``(i) In general.--The term `exempt purpose
expenditure' means any expenditure to carry out
the activity referred to in paragraph (2).
``(ii) Exceptions.--Such term shall not
include--
``(I) any administrative 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 litigation
on behalf of any individual referred to
in paragraph (2).
``(e) Time When Contributions Deemed Made.--For purposes of this
section, at the election of the taxpayer, a contribution which is made
not later than the time prescribed by law for filing the return for the
taxable year (not including extensions thereof) shall be treated as
made on the last day of such taxable year.
``(f) 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.
``(g) Maximum Amount of Credit Adjusted for Inflation.--In the case
of any taxable year beginning in a calendar year after 2003, the $100
amount contained in subsection (b) shall be increased by an amount
equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 2002' for
`calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded
to the nearest multiple of $5.''
(b) 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 25B the following new
item:
``Sec. 25C. Credit for certain charitable
contributions.''
(c) 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. | Tax Credit for Charitable Contributions Act of 2003 - Amends the Internal Revenue Code to allow a taxpayer to elect a credit (in lieu of a deduction otherwise available) of up to $100 ($200 for joint filers) for cash contributions to a qualifying charity whose primary activity is assistance to the poor. | To amend the Internal Revenue Code of 1986 to provide a credit for charitable contributions to fight poverty. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Forest System Vegetation
Management Pilot Program Act of 2017''.
SEC. 2. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION MANAGEMENT
PILOT PROGRAM.
(a) Pilot Program Required.--To encourage owners or operators of
rights-of-way on National Forest System land to partner with the Forest
Service to voluntarily perform vegetation management on a proactive
basis to better protect utility infrastructure from potential passing
wildfires, the Secretary shall conduct a limited, voluntary pilot
program, in the manner described in this section, to permit vegetation
management projects on National Forest System land adjacent to or near
such rights-of-way.
(b) Eligible Participants.--A participant in the pilot program must
have a right-of-way on National Forest System land. In selecting
participants, the Secretary shall give priority to holders of a right-
of-way who have worked with Forest Service fire scientists and used
technologies, such as Light Detection and Ranging surveys, to improve
utility infrastructure protection prescriptions.
(c) Project Elements.--A vegetation management project under the
pilot program involves limited and selective vegetation management
activities, which--
(1) shall create the least amount of disturbance reasonably
necessary to protect utility infrastructure from passing
wildfires based on applicable models, including Forest Service
fuel models;
(2) may include thinning, fuel reduction, creation and
treatment of shaded fuel breaks, and other measures as
appropriate;
(3) shall only take place adjacent to the participant's
right-of-way or within 75 feet of the participant's right-of-
way;
(4) shall not take place in any designated wilderness area,
wilderness study area, or inventoried roadless area; and
(5) shall be subject to approval by the Forest Service in
accordance with this Act.
(d) Project Costs.--A participant in the pilot program shall be
responsible for all costs, as determined by the Secretary, incurred in
participating in the pilot program, unless the Secretary determines
that it is in the public interest for the Forest Service to contribute
funds for a vegetation management project conducted under the pilot
program.
(e) Liability.--
(1) In general.--Participation in the pilot program does
not affect any existing legal obligations or liability
standards that--
(A) arise under the right-of-way for activities in
the right-of-way; or
(B) apply to fires resulting from causes other than
activities conducted pursuant to an approved vegetation
management project.
(2) Project work.--A participant shall not be liable to the
United States for damage proximately caused by activities
conducted pursuant to an approved vegetation management project
unless--
(A) such activities were carried out in a manner
that was grossly negligent or that violated criminal
law; or
(B) the damage was caused by the failure of the
participant to comply with specific safety requirements
expressly imposed by the Forest Service as a condition
of participating in the pilot program.
(f) Implementation.--The Secretary shall utilize existing laws and
regulations in the conduct of the pilot program and, in order to
implement the pilot program in an efficient and expeditious manner, may
waive or modify specific provisions of the Federal Acquisition
Regulation, including modifications to allow for formation of contracts
or agreements on a noncompetitive basis.
(g) Treatment of Proceeds.--Notwithstanding any other provision of
law, the Secretary may--
(1) retain any funds provided to the Forest Service by a
participant in the pilot program; and
(2) use such funds, in such amounts as may be appropriated,
in the conduct of the pilot program.
(h) Definitions.--In this section:
(1) National forest system land.--The term ``National
Forest System land'' means land within the National Forest
System, as defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))
exclusive of the National Grasslands and land utilization
projects designated as National Grasslands administered
pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012).
(2) Passing wildfire.--The term ``passing wildfire'' means
a wildfire that originates outside the right-of-way.
(3) Right-of-way.--The term ``right-of-way'' means a
special use authorization issued by the Forest Service allowing
the placement of utility infrastructure.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Utility infrastructure.--The term ``utility
infrastructure'' means electric transmission lines, natural gas
infrastructure, or related structures.
(i) Duration.--The authority to conduct the pilot program, and any
vegetation management project under the pilot program, expires December
21, 2027.
(j) Report to Congress.--Not later than December 31, 2019, and
every two years thereafter, the Secretary shall issue a report to the
Committee on Energy and Natural Resources of the Senate, the Committee
on Agriculture, Nutrition, and Forestry of the Senate, the Committee on
Natural Resources of the House of Representatives, and the Committee on
Agriculture of the House of Representatives on the status of the
program and any projects established under this section.
Passed the House of Representatives October 31, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . National Forest System Vegetation Management Pilot Program Act of 2017 (Sec. 2) This bill directs the Department of Agriculture (USDA) to conduct a limited, voluntary pilot program to permit vegetation management projects on National Forest System (NFS) land adjacent to rights-of-way to better protect utility infrastructure from potential passing wildfires. Program participants must have a right-of-way on NFS land. USDA shall give priority to holders of a right-of-way who have worked with Forest Service fire scientists and used technologies, such as light detection and ranging surveys, to improve utility infrastructure protection prescriptions. Vegetation management projects will involve limited and selective vegetation management activities, which: shall create the least amount of disturbance necessary to protect utility infrastructure from passing wildfires; may include thinning, fuel reduction, and creation and treatment of shaded fuel breaks; must only take place adjacent to the participant's right-of-way or within 75 feet of it; must not take place in any designated wilderness area, wilderness study area, or inventoried roadless area; and shall be subject to approval by the Forest Service. Participants shall not be held liable to the federal government for damage that was proximately caused by activities conducted pursuant to an approved vegetation management project, unless: such activities were carried out in a manner that was grossly negligent or that was in violation of criminal law, or the damage was caused by the participant's failure to comply with the specific safety requirements imposed by the Forest Service as a condition of participation in the pilot program. In order to implement the pilot program in an efficient and expeditious manner, USDA may waive or modify specific provisions of the Federal Acquisition Regulation, including to allow for the development of contracts or agreements on a noncompetitive basis. USDA may: retain any funds provided to the Forest Service by participants in the pilot program, and use such funds to conduct such program. The bill states that the authority to conduct the pilot program and any vegetation management projects under such program will expire on December 21, 2027. | National Forest System Vegetation Management Pilot Program Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colusa Basin Watershed Integrated
Resources Management Act''.
SEC. 2. AUTHORIZATION OF ASSISTANCE.
The Secretary of the Interior (in this Act referred to as the
``Secretary''), acting within existing budgetary authority, may provide
financial assistance to the Colusa Basin Drainage District, California
(in this Act referred to as the ``District''), for use by the District
or by local agencies acting pursuant to section 413 of the State of
California statute known as the Colusa Basin Drainage Act (California
Stats. 1987, ch. 1399) as in effect on the date of the enactment of
this Act (in this Act referred to as the ``State statute''), for
planning, design, environmental compliance, and construction required
in carrying out eligible projects in the Colusa Basin Watershed to--
(1)(A) reduce the risk of damage to urban and agricultural
areas from flooding or the discharge of drainage water or
tailwater;
(B) assist in groundwater recharge efforts to alleviate
overdraft and land subsidence; or
(C) construct, restore, or preserve wetland and riparian
habitat; and
(2) capture, as an incidental purpose of any of the
purposes referred to in paragraph (1), surface or stormwater
for conservation, conjunctive use, and increased water
supplies.
SEC. 3. PROJECT SELECTION.
(a) Eligible Projects.--A project shall be an eligible project for
purposes of section 2 only if it is--
(1) consistent with the plan for flood protection and
integrated resources management described in the document
entitled ``Draft Programmatic Environmental Impact Statement/
Environmental Impact Report and Draft Program Financing Plan,
Integrated Resources Management Program for Flood Control in
the Colusa Basin'', dated May 2000; and
(2) carried out in accordance with that document and all
environmental documentation requirements that apply to the
project under the laws of the United States and the State of
California.
(b) Compatibility Requirement.--The Secretary shall ensure that
projects for which assistance is provided under this Act are not
inconsistent with watershed protection and environmental restoration
efforts being carried out under the authority of the Central Valley
Project Improvement Act (Public Law 102-575; 106 Stat. 4706 et seq.) or
the CALFED Bay-Delta Program.
SEC. 4. COST SHARING.
(a) Non-Federal Share.--The Secretary shall require that the
District and cooperating non-Federal agencies or organizations pay--
(1) 25 percent of the costs associated with construction of
any project carried out with assistance provided under this
Act;
(2) 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to such a
project; and
(3) 35 percent of the costs associated with planning,
design, and environmental compliance activities.
(b) Planning, Design, and Compliance Assistance.--Funds
appropriated pursuant to this Act may be made available to fund 65
percent of costs incurred for planning, design, and environmental
compliance activities by the District or by local agencies acting
pursuant to the State statute, in accordance with agreements with the
Secretary.
(c) Treatment of Contributions.--For purposes of this section, the
Secretary shall treat the value of lands, interests in lands (including
rights-of-way and other easements), and necessary relocations
contributed by the District to a project as a payment by the District
of the costs of the project.
SEC. 5. COSTS NONREIMBURSABLE.
Amounts expended pursuant to this Act shall be considered
nonreimbursable for purposes of the Act of June 17, 1902 (32 Stat. 388;
43 U.S.C. 371 et seq.), and Acts amendatory thereof and supplemental
thereto.
SEC. 6. AGREEMENTS.
Funds appropriated pursuant to this Act may be made available to
the District or a local agency only if the District or local agency, as
applicable, has entered into a binding agreement with the Secretary--
(1) under which the District or the local agency is
required to pay the non-Federal share of the costs of
construction required by section 4(a); and
(2) governing the funding of planning, design, and
compliance activities costs under section 4(b).
SEC. 7. REIMBURSEMENT.
For project work (including work associated with studies, planning,
design, and construction) carried out by the District or by a local
agency acting pursuant to the State statute in section 2 before the
date amounts are provided for the project under this Act, the Secretary
shall, subject to amounts being made available in advance in
appropriations Acts, reimburse the District or the local agency,
without interest, an amount equal to the estimated Federal share of the
cost of such work under section 4.
SEC. 8. COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary may enter into cooperative
agreements and contracts with the District to assist the Secretary in
carrying out the purposes of this Act.
(b) Subcontracting.--Under such cooperative agreements and
contracts, the Secretary may authorize the District to manage and let
contracts and receive reimbursements, subject to amounts being made
available in advance in appropriations Acts, for work carried out under
such contracts or subcontracts.
SEC. 9. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982.
Activities carried out, and financial assistance provided, under
this Act shall not be considered a supplemental or additional benefit
for purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43
U.S.C. 390aa et seq.).
SEC. 10. APPROPRIATIONS AUTHORIZED.
Within existing budgetary authority and subject to the availability
of appropriations, the Secretary is authorized to expend up to
$25,000,000, plus such additional amount, if any, as may be required by
reason of changes in costs of services of the types involved in the
District's projects as shown by engineering and other relevant indexes
to carry out this Act. Sums appropriated under this section shall
remain available until expended.
Passed the House of Representatives September 18, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Permits funds appropriated pursuant to this Act to be made available to fund 65 percent of costs incurred for planning, design, and environmental compliance activities by the District or by local agencies in accordance with agreements with the Secretary, under which the District or local agency is required to pay the non-Federal share of construction costs and which governs the funding of planning, design, and compliance activities costs.
Authorizes specified expenditures within existing budget authority to carry out this Act. | Colusa Basin Watershed Integrated Resources Management Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Language Act of 2007''.
SEC. 2. ENGLISH AS OFFICIAL LANGUAGE.
(a) In General.--Title 4, United States Code, is amended by adding
at the end the following new chapter:
``CHAPTER 6--LANGUAGE OF THE GOVERNMENT
``Sec.
``161. Declaration of official language.
``162. Official Government activities in English.
``163. Preserving and enhancing the role of the official language.
``164. Exceptions.
``Sec. 161. Declaration of official language
``English shall be the official language of the Government of the
United States.
``Sec. 162. Official government activities in English
``The Government of the United States shall conduct its official
business in English, including publications, income tax forms, and
informational materials.
``Sec. 163. Preserving and enhancing the role of the official language
``The Government of the United States shall preserve and enhance
the role of English as the official language of the United States of
America. Unless specifically stated in applicable law, no person has a
right, entitlement, or claim to have the Government of the United
States or any of its officials or representatives act, communicate,
perform or provide services, or provide materials in any language other
than English. If exceptions are made, that does not create a legal
entitlement to additional services in that language or any language
other than English. If any forms are issued by the Federal government
in a language other than English (or such forms are completed in a
language other than English), the English language version of the form
is the sole authority for all legal purposes.
``Sec. 164. Exceptions
``This chapter does not apply to the use of a language other than
English--
``(1) for religious purposes;
``(2) for training in foreign languages for international
communication; or
``(3) to programs in schools designed to encourage students
to learn foreign languages.
This chapter does not prevent the Government of the United States from
providing interpreters for persons over 62 years of age.''.
(b) Conforming Amendment.--The table of chapters for title 4,
United States Code, is amended by adding at the end the following new
item:
``6. Language of the Government............................. 161''.
SEC. 3. REPEAL OF BILINGUAL VOTING REQUIREMENTS.
(a) In General.--
(1) Bilingual election requirements.--Section 203 of the
Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed.
(2) Voting rights.--Section 4 of the Voting Rights Act of
1965 (42 U.S.C. 1973b) is amended by striking subsection (f).
(b) Conforming Amendments.--
(1) References to section 203.--The Voting Rights Act of
1965 (42 U.S.C. 1973 et seq.) is amended--
(A) in section 204, by striking ``or 203,''; and
(B) in the first sentence of section 205, by
striking ``, 202, or 203'' and inserting ``or 202''.
(2) References to section 4.--The Voting Rights Act of 1965
(42 U.S.C. 1973 et seq.), as amended by the Fannie Lou Hamer,
Rosa Parks, and Coretta Scott King Voting Rights Act
Reauthorization and Amendments Act of 2006 (Public Law 109-
246), is amended--
(A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6,
8(a)(2)(A), and 13(a)(1), by striking ``, or in
contravention of the guarantees set forth in section
4(f)(2)'';
(B) in paragraphs (1)(A) and (3) of section 4(a),
by striking ``or (in the case of a State or subdivision
seeking a declaratory judgment under the second
sentence of this subsection) in contravention of the
guarantees of subsection (f)(2)''; and
(C) in paragraphs (1)(B) and (5) of section 4(a),
by striking ``or (in the case of a State or subdivision
which sought a declaratory judgment under the second
sentence of this subsection) that denials or
abridgments of the right to vote in contravention of
the guarantees of subsection (f)(2) have occurred
anywhere in the territory of such State or
subdivision''.
SEC. 4. ENGLISH LANGUAGE REQUIREMENT FOR CEREMONIES FOR ADMISSION OF
NEW CITIZENS.
Section 337(d) of the Immigration and Nationality Act (8 U.S.C.
1448(d)) is amended by adding at the end the following new sentence:
``All public ceremonies in which the oath of allegiance is administered
pursuant to this section shall be conducted solely in the English
language.''.
SEC. 5. NONPREEMPTION.
This Act (and the amendments made by this Act) shall not preempt
any law of any State. | National Language Act of 2007 - Makes English the official language of the U.S. government. Requires the government to: (1) conduct its official business in English, including publications, income tax forms, and informational materials; and (2) preserve and enhance the role of English as the official language of the United States of America. Provides that no person has a right, entitlement, or claim to have the government act, communicate, perform, or provide services or materials in any other language, unless specifically stated in applicable law.
Provides that this Act shall not apply to the use of a language other than English for religious purposes, for training in foreign languages for international communication, or in school programs designed to encourage students to learn foreign languages. States that this does not prevent the U.S. government from providing interpreters for persons over age 62. Repeals provisions of the Voting Rights Act of 1965 regarding bilingual election requirements and regarding congressional findings of voting discrimination against language minorities, prohibition of English-only elections, and other remedial measures. Amends the Immigration and Nationality Act to require that all public ceremonies in which the oath of allegiance is administered pursuant to such Act be conducted solely in English. Specifies that this Act shall not preempt any state law. | To amend title 4, United States Code, to declare English as the official language of the Government of the United States, and for other purposes. |
SECTION 1. NOTIFICATION TO CONSUMERS OF FOOD PRODUCTS PRODUCED ON LAND
ON WHICH SEWAGE SLUDGE HAS BEEN APPLIED.
(a) Adulterated Food Under Federal Food, Drug, and Cosmetic Act.--
Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342)
is amended by adding at the end the following new paragraph:
``(h)(1) Effective one year after the date of the enactment of this
subsection, if it is a food (intended for human consumption and offered
for sale) that was produced, or contains any ingredient that was
produced, on land on which sewage sludge was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which the
production of the food or ingredient on the land commenced;
``(B) the food bears a label that clearly indicates that
the food, or an ingredient of the food, was produced on land on
which sewage sludge was applied; or
``(C) in the case of a raw agricultural commodity or other
food generally offered for sale without labeling, a sign is
posted within close proximity of the food to notify consumers
that the food, or an ingredient of the food, was produced on
land on which sewage sludge was applied.''.
(b) Adulterated Food Under Egg Products Inspection Act.--Section
4(a) of the Egg Products Inspection Act (21 U.S.C. 1033(a)) is
amended--
(1) by striking ``or'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(9) effective one year after the date of the enactment of
this paragraph, if it is derived from poultry that were raised,
or that consumed animal feed produced, on land on which sewage
sludge was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the poultry began to be raised on the land or the date
on which the production of the animal feed on the land
commenced; or
``(B) the container bears a label that clearly
indicates that the egg or egg product was derived from
poultry that--
``(i) were raised on land on which sewage
sludge was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied.''.
(c) Adulterated Food Under Federal Meat Inspection Act.--Section
1(m) of the Federal Meat Inspection Act (21 U.S.C. 601(m)) is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(10) effective one year after the date of the enactment
of this paragraph, if it is derived from livestock that grazed,
or consumed animal feed produced, on land on which sewage
sludge was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the livestock began grazing on the land or the date on
which the production of the animal feed on the land
commenced;
``(B) the carcass, part thereof, meat or meat food
product bears a label that clearly indicates that the
livestock--
``(i) grazed on land on which sewage sludge
was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied; or
``(C) in the case of a carcass, part thereof, meat
or meat food product generally offered for sale without
labeling, a sign is posted within close proximity of
the item to notify consumers that the livestock--
``(i) grazed on land on which sewage sludge
was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied.''.
(d) Adulterated Food Under Poultry Products Inspection Act.--
Section 4(g) of the Egg Products Inspection Act (21 U.S.C. 453(g)) is
amended--
(1) by striking ``or'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(9) effective one year after the date of the enactment of
this paragraph, if it is derived from poultry that were raised,
or that consumed animal feed produced, on land on which sewage
sludge was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the poultry began to be raised on the land or the date
on which the production of the animal feed on the land
commenced;
``(B) the poultry product bears a label that
clearly indicates that the poultry contained in the
product--
``(i) were raised on land on which sewage
sludge was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied; or
``(C) in the case of a poultry product generally
offered for sale without labeling, a sign is posted
within close proximity of the item to notify consumers
that the poultry contained in the product--
``(i) were raised on land on which sewage
sludge was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied.''.
(e) Special Rules for Organic Foods.--
(1) Crop production.--Section 2109 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6508) is amended by adding at
the end the following new subsection:
``(d) Use of Sewage Sludge.--Notwithstanding section 402(h) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(h)) and section
4(a)(9) of the Egg Products Inspection Act (21 U.S.C. 1033(a)(9)),
foods labeled `100 percent organic', `organic', or `made with organic
ingredients' may not be produced using sewage sludge.''.
(2) Animal production.--Section 2110 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6509) is amended by adding at
the end the following new subsection:
``(h) Use of Sewage Sludge.--Notwithstanding section 1(m)(10) of
the Federal Meat Inspection Act (21 U.S.C. 601(m)(10)) and section
4(g)(9) of the Egg Products Inspection Act (21 U.S.C. 453(g)(9)), any
livestock that is to be slaughtered and sold or labeled as `organically
produced' or that is to be used in the production of foods labeled `100
percent organic', `organic', or `made with organic ingredients' may not
be raised using sewage sludge.''. | Amends the Federal Food, Drug, and Cosmetic Act, the Egg Products Inspection Act, the Federal Meat Inspection Act and the Poultry Products Inspection Act to deem food, eggs, egg products, meat, meat products, and poultry products adulterated if they are produced, or are from poultry or livestock that consumed feed produced, on land on which sewage sludge was applied unless certain requirements are met. Prohibits labeling such food as organic if sewage sludge was used to produce such food. | To amend the Food, Drug, and Cosmetic Act and the egg, meat, and poultry inspection laws to ensure that consumers receive notification regarding food products produced from crops, livestock, or poultry raised on land on which sewage sludge was applied. |
SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) Jesse Louis Jackson, Sr. was born on October 8, 1941,
in Greenville, South Carolina.
(2) In 1965 Jesse L. Jackson, Sr. joined the civil rights
movement full-time, beginning his activism as a student leader
in the sit-in movement and continuing as a young organizer for
the Southern Christian Leadership Conference as an assistant to
Dr. Martin Luther King, Jr.
(3) On June 30, 1968, Jesse L. Jackson, Sr. became an
ordained minister, having attended the Chicago Theological
Seminary.
(4) Jesse L. Jackson, Sr. served as the national director
for Operation Breadbasket and, in 1971 in Chicago, Illinois,
founded People United to Save Humanity, known as PUSH.
(5) In 1984 Jesse L. Jackson, Sr. founded the National
Rainbow Coalition, a national social justice organization
devoted to political empowerment and to expanding educational
and employment opportunities for disadvantaged people and for
communities of color.
(6) In 1996 Jesse L. Jackson, Sr. merged the National
Rainbow Coalition and PUSH to continue the philosophies of both
organizations and to maximize their resources.
(7) Jesse L. Jackson, Sr. is, and has been for more than 30
years, one of the foremost political figures in the United
States, playing a pivotal role in virtually every movement for
human rights, civil rights, peace, gender equality,
empowerment, and economic and social justice.
(8) Jesse L. Jackson, Sr. has been and continues to be
counted on to serve as a champion and spokesman for a segment
of the population whose voices all too often are not heard.
(9) Jesse L. Jackson, Sr. has been called the ``conscience
of the Nation'' and the ``great unifier'', challenging the
United States to establish just and humane priorities.
(10) Jesse L. Jackson, Sr. has led a myriad of successful
delegations, marches, and missions for justice, peace, and
reconciliation.
(11) Jesse L. Jackson, Sr. is a highly respected world
leader who has acted on many occasions as an international
diplomat.
(12) In 1984 Jesse L. Jackson, Sr. secured the release of a
captured Navy pilot, Lieutenant Robert Goodman, who was shot
down over Lebanon. He also negotiated the release of 22
Americans and 26 Cubans in Cuba during 1984.
(13) In 1990 Jesse L. Jackson, Sr. won the release of
hundreds of foreign nationals, including 47 Americans, being
held in Iraq and Kuwait by Saddam Hussein.
(14) In October 1997 Jesse L. Jackson, Sr. was appointed by
President William Jefferson Clinton and by Secretary of State
Madeleine K. Albright as the Special Envoy of the President and
the Secretary of State for the Promotion of Democracy in
Africa.
(15) On May 2, 1999, Jesse L. Jackson, Sr. obtained the
negotiated release of Army Specialist Steven M. Gonzales and
Staff Sergeants Christopher J. Stone and Andrew Ramirez, 3
United States soldiers who had spent 32 days in captivity in
Yugoslavia as prisoners of war and hostages.
(16) Jesse L. Jackson, Sr. has dedicated his life to the
principles of freedom, peace, justice, international good will,
and the struggle for civil rights and equality for Americans
and for all peoples, at home and abroad.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President is authorized to
present, on behalf of the Congress, a gold medal of appropriate design
to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring
contributions to the Nation.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury shall
strike a gold medal with suitable emblems, devices, and inscriptions,
to be determined by the Secretary.
(c) Authorization of Appropriation.--Effective February 1, 1999,
there are authorized to be appropriated $30,000 to carry out this
section.
SEC. 3. DUPLICATE MEDALS.
(a) Striking and Sale.--The Secretary of the Treasury may strike
and sell duplicates in bronze of the gold medal struck under section 2
under such regulations as the Secretary may prescribe, at a price
sufficient to cover the cost thereof, including labor, materials, dies,
use of machinery, and overhead expenses, and the cost of the gold
medal.
(b) Reimbursement of Appropriation.--The appropriation used to
carry out section 2 shall be reimbursed out of the proceeds of sales
under subsection (a).
SEC. 4. NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code. | Authorizes the President to present to Jesse L. Jackson, on behalf of the Congress, a gold medal in recognition of his outstanding and enduring contributions to the Nation.
Authorizes appropriations. | To authorize the President to award a gold medal on behalf of the Congress to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Price Index for Elderly
Consumers Act of 2009''.
SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS.
(a) In General.--The Bureau of Labor Statistics of the Department
of Labor shall prepare and publish an index for each calendar month to
be known as the ``Consumer Price Index for Elderly Consumers'' that
indicates changes over time in expenditures for consumption which are
typical for individuals in the United States who are 62 years of age or
older.
(b) Effective Date.--Subsection (a) shall apply with respect to
calendar months ending on or after July 31 of the calendar year
following the calendar year in which this Act is enacted.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the provisions of
this section.
SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES.
(a) Amendments to Title II.--
(1) In general.--Section 215(i) of the Social Security Act
(42 U.S.C. 415(i)) is amended--
(A) in paragraph (1)(G), by inserting before the
period the following: ``, and, solely with respect to
any monthly insurance benefit payable under this title
to an individual who has attained age 62, effective for
adjustments under this subsection to the primary
insurance amount on which such benefit is based (or to
any such benefit under section 227 or 228) occurring
after such individual attains such age, the applicable
Consumer Price Index shall be deemed to be the Consumer
Price Index for Elderly Consumers and such primary
insurance amount shall be deemed adjusted under this
subsection using such Index''; and
(B) in paragraph (4), by striking ``and by section
9001'' and inserting ``, by section 9001'', and by
inserting after ``1986,'' the following: ``and by
section 3(a) of the Consumer Price Index for Elderly
Consumers Act,''.
(2) Conforming amendments in applicable former law.--
Section 215(i)(1)(C) of such Act, as in effect in December 1978
and applied in certain cases under the provisions of such Act
in effect after December 1978, is amended by inserting before
the period the following: ``, and, solely with respect to any
monthly insurance benefit payable under this title to an
individual who has attained age 62, effective for adjustments
under this subsection to the primary insurance amount on which
such benefit is based (or to any such benefit under section 227
or 228) occurring after such individual attains such age, the
applicable Consumer Price Index shall be deemed to be the
Consumer Price Index for Elderly Consumers and such primary
insurance amount shall be deemed adjusted under this subsection
using such Index''.
(3) Effective date.--The amendments made by paragraph (1)
shall apply to determinations made with respect to cost-of-
living computation quarters ending on or after September 30 of
the second calendar year following the calendar year in which
this Act is enacted.
(b) Amendments to Title XVIII.--
(1) In general.--Title XVIII of such Act (42 U.S.C. 1395 et
seq.) is amended--
(A) in section 1814(i)(2)(B), by inserting ``(i)
for accounting years ending before October 1 of the
second calendar year following the calendar year in
which the Consumer Price Index for Elderly Consumers
Act was enacted,'' after ``for a year is'', and by
inserting after ``fifth month of the accounting year''
the following: ``, and (ii) for accounting years ending
after October 1 of such calendar year, the cap amount
determined under clause (i) for the last accounting
year referred to in such clause, increased or decreased
by the same percentage as the percentage increase or
decrease, respectively, in the medical care expenditure
category (or corresponding category) of the Consumer
Price Index for Elderly Consumers, published by the
Bureau of Labor Statistics, from March of such calendar
year to the fifth month of the accounting year'';
(B) in section 1821(c)(2)(C)(ii)(II), by striking
``consumer price index for all urban consumers (all
items; United States city average)'' and inserting
``Consumer Price Index for Elderly Consumers'';
(C) in section 1833(h)(2)(A)(i), by striking
``Consumer Price Index for All Urban Consumers (United
States city average)'' and inserting ``Consumer Price
Index for Elderly Consumers'';
(D) in section 1833(i)(2)(C)(i), by striking
``Consumer Price Index for all urban consumers (U.S.
city average)'' and inserting ``Consumer Price Index
for Elderly Consumers'';
(E) in each of subparagraphs (K), (L), and (M) of
section 1834(a)(14), by striking ``consumer price index
for all urban consumers (U.S. urban average)'' and
inserting ``applicable consumer price index'';
(F) in section 1834(h)(4)(A)(x), by striking
``consumer price index for all urban consumers (United
States city average)'' and inserting ``Consumer Price
Index for Elderly Consumers'';
(G) in section 1834(l)(3)(B), by striking
``consumer price index for all urban consumers (U.S.
city average)'' and inserting ``Consumer Price Index
for Elderly Consumers'';
(H) in section 1839(i)(5)(A)(ii), by striking
``Consumer Price Index (United States city average)''
and inserting ``Consumer Price Index for Elderly
Consumers'';
(I) in section 1842(s)(1), by striking ``consumer
price index for all urban consumers (United States city
average)'' and inserting ``Consumer Price Index for
Elderly Consumers'';
(J) in each of subparagraphs (D)(ii) and (E)(i)(II)
of section 1860D-14(a)(3) and in each of clauses (i)
and (ii) of section 1860D-14(a)(4)(A), by striking
``consumer price index (all items; U.S. city average)''
and inserting ``Consumer Price Index for Elderly
Consumers'';
(K) in section 1882(p)(11)(C)(ii), by striking
``Consumer Price Index for all urban consumers (all
items; U.S. city average)'' and inserting ``Consumer
Price Index for Elderly Consumers'';
(L) in each of clauses (iv) and (vi)(II) of section
1886(h)(2)(E), by striking ``for all urban consumers'';
and
(M) in section 1886(h)(5)(B), by striking
``Consumer Price Index for All Urban Consumers (United
States city average)'' and inserting ``Consumer Price
Index for Elderly Consumers''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to determinations made for periods
ending after December 31 of the second calendar year following
the calendar year in which this Act was enacted. | Consumer Price Index for Elderly Consumers Act of 2009 - Directs the Bureau of Labor Statistics of the Department of Labor to prepare and publish a monthly Consumer Price Index for Elderly Consumers (CPIEC) that indicates changes over time in expenditures for consumption which are typical for individuals aged 62 years of age or older.
Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) to use such new CPIEC in the computation of cost-of-living increases for Social Security and Medicare benefits, replacing the CPI for All Urban Consumers (U.S. city average). | To require the establishment of a Consumer Price Index for Elderly Consumers to compute cost-of-living increases for Social Security and Medicare benefits under titles II and XVIII of the Social Security Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cybersecurity Education Enhancement
Act of 2007''.
SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY TRAINING PROGRAMS
AND EQUIPMENT.
(a) In General.--The Secretary of Homeland Security, acting through
the Assistant Secretary of Cybersecurity, shall establish, in
conjunction with the National Science Foundation, a program to award
grants to institutions of higher education (and consortia thereof)
for--
(1) the establishment or expansion of cybersecurity
professional development programs;
(2) the establishment or expansion (or both) of associate
degree programs in cybersecurity; and
(3) the purchase of equipment to provide training in
cybersecurity for either professional development programs or
degree programs.
(b) Roles.--
(1) Department of homeland security.--The Secretary, acting
through the Assistant Secretary and in consultation with the
Director of the National Science Foundation, shall establish
the goals for the program established under this section and
the criteria for awarding grants.
(2) National science foundation.--The Director of the
National Science Foundation shall operate the program
established under this section consistent with the goals and
criteria established under paragraph (1), including soliciting
applicants, reviewing applications, and making and
administering awards. The Director may consult with the
Assistant Secretary in selecting awardees.
(3) Funding.--The Secretary shall transfer to the National
Science Foundation the funds necessary to carry out this
section.
(c) Awards.--
(1) Peer review.--All awards under this section shall be
provided on a competitive, merit-reviewed basis.
(2) Focus.--In making awards under this section, the
Director shall, to the extent practicable, ensure geographic
diversity and the participation of women and underrepresented
minorities.
(3) Preference.--In making awards under this section, the
Director--
(A) shall give preference to applications submitted
by consortia of institutions, to encourage as many
students and professionals as possible to benefit from
the program established under this section; and
(B) shall give preference to any application
submitted by a consortium of institutions that includes
at least one institution that is eligible to receive
funds under title III or V of the Higher Education Act
of 1965.
(d) Institution of Higher Education Defined.--In this section the
term ``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for carrying out this section $3,700,000
for each of fiscal years 2008 and 2009.
SEC. 3. E-SECURITY FELLOWS PROGRAM.
(a) Establishment of Program.--Subtitle C 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:
``SEC. 226. E-SECURITY FELLOWS PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a
fellowship program in accordance with this section for the
purpose of bringing State, local, tribal, and private sector
officials to participate in the work of the National
Cybersecurity Division in order to become familiar with the
Department's stated cybersecurity missions and capabilities,
including but not limited to--
``(A) enhancing Federal, State, local, and tribal
government cybersecurity;
``(B) developing partnerships with other Federal
agencies, State, local, and tribal governments, and the
private sector;
``(C) improving and enhancing public/private
information sharing involving cyber attacks, threats,
and vulnerabilities;
``(D) providing and coordinating incident response
and recovery planning efforts; and
``(E) fostering training and certification.
``(2) Program name.--The program under this section shall
be known as the E-Security Fellows Program.
``(b) Eligibility.--In order to be eligible for selection as a
fellow under the program, an individual must--
``(1) have cybersecurity-related responsibilities; and
``(2) be eligible to possess an appropriate national
security clearance.
``(c) Limitations.--The Secretary--
``(1) may conduct up to 2 iterations of the program each
year, each of which shall be 180 days in duration; and
``(2) shall ensure that the number of fellows selected for
each iteration does not impede the activities of the Division.
``(d) Condition.--As a condition of selecting an individual as a
fellow under the program, the Secretary shall require that the
individual's employer agree to continue to pay the individual's salary
and benefits during the period of the fellowship.
``(e) Stipend.--During the period of the fellowship of an
individual under the program, the Secretary shall, subject to the
availability of appropriations, provide to the individual a stipend to
cover the individual's reasonable living expenses during the period of
the fellowship.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 226. E-Security Fellows Program.''. | Cybersecurity Education Enhancement Act of 2008 - Directs the Secretary of Homeland Security, acting through the Assistant Secretary of Cybersecurity, to establish a program awarding competitive grants to institutions of higher education (IHEs) and consortia of IHEs for: (1) cybersecurity professional development programs; (2) associate degree programs in cybersecurity; and (3) the purchase of equipment to provide training in cybersecurity for professional development and degree programs.
Gives grant priority to consortia of IHEs and such consortia that include IHEs eligible to receive funds under title III (Institutional Aid) or V (Developing Institutions) of the Higher Education Act of 1965.
Authorizes FY2009-FY2010 appropriations for the grant program.
Amends the Homeland Security Act of 2002 to direct the Secretary to establish a DHS Cybersecurity Fellows program to bring state, local, tribal, and private sector officials to participate in the work of the National Cybersecurity Division in order to assist with Department of Homeland Security's stated cybersecurity missions and capabilities.
Urges the House of Representatives to designate a committee to serve as the single, principal point of cybersecurity oversight and review. | To authorize the Secretary of Homeland Security to establish a program to award grants to institutions of higher education for the establishment or expansion of cybersecurity professional development programs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supply Our Soldiers Act of 2005''.
SEC. 2. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense, in consultation with the
United States Postal Service, shall provide for a program under which
postal benefits shall be provided to qualified individuals in
accordance with succeeding provisions of this Act.
(b) Qualified Individual.--For purposes of this Act, the term
``qualified individual'' means an individual who is--
(1) a member of the Armed Forces of the United States on
active duty (as defined in section 101 of title 10, United
States Code); and
(2)(A) serving in Iraq or Afghanistan; or
(B) hospitalized at a facility under the jurisdiction of
the Armed Forces of the United States as a result of a disease
or injury incurred as a result of service in Iraq or
Afghanistan.
(c) Postal Benefits Described.--
(1) In general.--The postal benefits provided under this
Act shall consist of such coupons or other similar evidence of
credit (whether in printed, electronic, or other format, and
hereinafter in this Act referred to as ``vouchers'') as the
Secretary of Defense (in consultation with the Postal Service)
shall determine, entitling the bearer or user to make qualified
mailings free of postage.
(2) Qualified mailing.--For purposes of this Act, the term
``qualified mailing'' means the mailing of any mail matter
which--
(A) is described in subparagraph (A), (B), (C), or
(D) of paragraph (3);
(B) is sent from within an area served by a United
States post office; and
(C) is addressed to a qualified individual.
(3) Mail matter described.--The mail matter described in
this paragraph is--
(A) any letter mail not exceeding 13 ounces in
weight and having the character of personal
correspondence;
(B) any sound- or video-recorded communications not
exceeding 15 pounds in weight and having the character
of personal correspondence;
(C) any ground parcel not exceeding 15 pounds in
weight; and
(D) any bound printed matter not exceeding 15
pounds in weight.
(4) Limitations.--
(A) Number.--An individual shall be eligible for 1
voucher for each month in which such individual is a
qualified individual.
(B) Use.--Any such voucher may not be used--
(i) for more than a single qualified
mailing; or
(ii) after the earlier of--
(I) the expiration date of such
voucher, as designated by the Secretary
of Defense; or
(II) the last day of the 1-year
period referred to in section 4.
(5) Coordination rule.--Postal benefits under this Act
shall be in addition to, and not in lieu of, any reduced rates
of postage or other similar benefits which might otherwise be
available by or under law, including any rates of postage
resulting from the application of section 3401(b) of title 39,
United States Code.
(d) Regulations.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense (in consultation with
the Postal Service) shall prescribe any regulations necessary to carry
out this Act, including--
(1) procedures by which vouchers will be provided or made
available (including measures to allow vouchers to reach, in a
timely manner, the persons selected by qualified individuals to
use the vouchers); and
(2) procedures to ensure that the number of vouchers
provided or made available with respect to any qualified
individual complies with subsection (c)(4)(A).
SEC. 3. FUNDING.
(a) In General.--There is authorized to be appropriated to the
Department of Defense a sum determined by the Department of Defense to
be equal to the expenses incurred by the Department in providing the
benefits described in section 2(c).
(b) Transfers to Postal Service.--
(1) Based on estimates.--The Department of Defense shall
transfer to the Postal Service, out of any amount so
appropriated and in advance of each calendar quarter during
which postal benefits under this Act may be used, an amount
equal to the amount of postal benefits that the Department of
Defense estimates will be used during such quarter, reduced or
increased (as the case may be) by any amounts by which the
Department finds that a determination under this Act for a
prior quarter was greater than or less than the amount finally
determined for such quarter.
(2) Based on final determination.--A final determination of
the amount necessary to correct any previous determination
under this section, and any transfer of amounts between the
Postal Service and the Department of Defense based on that
final determination, shall be made not later than 6 months
after the end of the 1-year period referred to in section 4.
(c) Consultation Required.--All estimates and determinations under
this section of the amount of postal benefits under this Act used in
any period shall be made by the Department of Defense in consultation
with the Postal Service.
SEC. 4. DURATION.
The postal benefits under this Act shall apply with respect to mail
matter sent during the 1-year period beginning on the date on which the
regulations under section 2(d) take effect.
Amend the title so as to read: ``A bill to provide for free
mailing privileges for personal correspondence and certain
other mail matter sent from within the United States to members
of the Armed Forces serving on active duty in Iraq or
Afghanistan.''. | Supply Our Soldiers Act of 2005 - Directs the Secretary of Defense to provide for a program under which postal benefits are provided to a member of the Armed Forces who is on active duty and who is either: (1) serving in Iraq or Afghanistan; or (2) hospitalized at a military medical facility as a result of such service. Provides the postal benefits in the form of coupons or other evidence of credit (vouchers) to use for postal-free mailings. Limits: (1) the weight of the mail and parcels authorized for the program; (2) a member to one voucher per month; and (3) the program duration to one year after the date of implementing regulations.
Authorizes appropriations. | To amend title 39, United States Code, to provide for free mailing privileges for personal correspondence and parcels sent by family members from within the United States to members of the Armed Forces serving on active duty in Iraq or Afghanistan. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Facility Superfund
Compliance Act of 1997''.
SEC. 2. FEDERAL ENTITIES AND FACILITIES.
Section 120 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended as
follows:
(1) By amending the heading to read as follows:
``SEC. 120. FEDERAL ENTITIES AND FACILITIES.''.
(2) By amending paragraph (1) of subsection (a) to read as
follows:
``(1)(A) Each department, agency, and instrumentality of
the executive, legislative, and judicial branches of the United
States shall be subject to, and comply with, all Federal,
State, interstate and local requirements, both substantive and
procedural (including any requirements for permits, reporting,
or any provisions for injunctive relief and such sanctions as
may be imposed by a court to enforce such relief), regarding
response actions related to, or management of, hazardous
substances, pollutants, or contaminants in the same manner, and
to the same extent, as any nongovernmental entity is subject to
such requirements, including enforcement and liability under
sections 106 and 107 of this title and the payment of
reasonable service charges.
``(B) The Federal, State, interstate, and local substantive
and procedural requirements referred to in subparagraph (A)
include, but are not limited to, all administrative orders and
all civil and administrative penalties and fines, regardless of
whether such penalties and fines are punitive or coercive in
nature or are imposed for isolated, intermittent, or continuing
violations. The United States hereby expressly waives any
immunity otherwise applicable to the United States with respect
to any such substantive or procedural requirement (including,
but not limited to, any injunctive relief, administrative order
or civil or administrative penalty or fine referred to in the
preceding sentence, or reasonable service charge).
``(C) The reasonable service charges referred to in this
paragraph include, but are not limited to, fees or charges
assessed in connection with the processing and issuance of
permits, renewal of permits, amendments to permits, review of
plans, studies, and other documents, and inspection and
monitoring of facilities, as well as any other
nondiscriminatory charges that are assessed in connection with
a State, interstate, or local response program.
``(D) Neither the United States, nor any agent, employee,
or officer thereof, shall be immune or exempt from any process
or sanction of any State or Federal court with respect to the
enforcement of any injunctive relief.
``(E) No agent, employee, or officer of the United States
shall be personally liable for any civil penalty under any
Federal or State response law with respect to any act or
omission within the scope of their official duties. An agent,
employee, or officer of the United States shall be subject to
any criminal sanction (including, but not limited to, any fine
or imprisonment) under any Federal or State response law, but
no department, agency, or instrumentality of the executive,
legislative, or judicial branch of the United States shall be
subject to any such sanctions.
``(F) The waiver of sovereign immunity provided in this
paragraph shall not apply to the extent a State law would apply
any standard or requirement to such Federal department, agency,
or instrumentality in a manner which is more stringent than
such standard or requirement would be applied to any other
person.
``(G) Nothing in this section shall be construed to affect
the liability of any person or entity other than a department,
agency, or instrumentality of the United States under sections
106 and 107 of this Act.
``(H)(i) The Administrator may issue an order under section
106 of this Act to any department, agency, or instrumentality
of the executive, legislative, or judicial branch of the United
States. The Administrator shall initiate an administrative
enforcement action against such a department, agency, or
instrumentality in the same manner and under the same
circumstances as action would be initiated against any other
person.
``(ii) No administrative order issued to such department,
agency, or instrumentality shall become final until such
department, agency, or instrumentality has had the opportunity
to confer with the Administrator.
``(iii) Unless a State law in effect on the date of
enactment of the Federal Facility Superfund Compliance Act of
1997, or a State Constitution, requires the funds to be used in
a different manner, all funds collected by a State from the
Federal Government from penalties and fines imposed for
violation of any substantive or procedural requirement referred
to in subsection (a) of this section shall be used by the State
only for projects designed to improve or protect the
environment or to defray the costs of environmental protection
or enforcement.
``(I) Each such department, agency, and instrumentality
shall have the right to contribution protection set forth in
section 113, when such department, agency, or instrumentality
resolves its liability under this Act.''.
(3) By striking paragraph (4) of subsection (a).
(4) By inserting ``(other than the indemnification
requirements of section 119)'' after ``responsibility'' in
subsection (a)(3).
(5) By adding at the end of subsection (e) the following
new paragraph:
``(7) State requirements.--Notwithstanding any other
provision of this Act, an interagency agreement under this
section shall in no way impair or diminish the authority of any
State to enforce compliance with requirements of State law,
unless such requirements have been specifically--
``(A) addressed; or
``(B) waived;
without objection from the State before or on the date on which
the response action is selected.''. | Federal Facility Superfund Compliance Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to subject each department, agency, and instrumentality of the Federal Government to all Federal, State, interstate, and local requirements regarding response actions related to, or management of, hazardous substances, pollutants, or contaminants (current law refers only to compliance with CERCLA provisions) in the same manner and to the same extent as a nongovernmental entity. Waives any U.S. immunity otherwise applicable with respect to any such requirement.
Authorizes the Administrator of the Environmental Protection Agency to issue an abatement order to a Federal entity and requires initiation of an administrative enforcement action in the same manner and under the same circumstances as action would be initiated against any other person.
Removes provisions for application (and preemption) of State laws concerning removal and remedial action at Federal facilities not on the National Priorities List.
Precludes interagency remedial action agreements from impairing or diminishing State authority to enforce requirements of State law, unless such requirements have been addressed or waived without objection from the State. | Federal Facility Superfund Compliance Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Copper and Lead Evaluation and
Reporting Act of 2016'' or the ``CLEAR Act''.
SEC. 2. LEAD AND COPPER IN DRINKING WATER.
(a) Regulations Required.--Section 1412(b) of the Safe Drinking
Water Act (42 U.S.C. 300g-1(b)) is amended--
(1) by redesignating paragraphs (14) and (15) as paragraphs
(15) and (16), respectively;
(2) by inserting after paragraph (13) the following:
``(14) Lead and copper in drinking water.--Not later than
180 days after the date of enactment of the CLEAR Act, the
Administrator shall promulgate lead and copper regulations
that--
``(A) based on the amount of lead that would result
in a blood lead level greater than 5 micrograms per
deciliter in an average, healthy infant who consumes
infant formula made with water, establish a health-
based household action level for lead and copper that
triggers--
``(i) not later than 28 days after the date
on which the household action level is reached,
plain-language consumer notification that is
culturally and linguistically appropriate;
``(ii) a report to the appropriate public
health agency; and
``(iii) an examination by the public water
system of service line material and, if
applicable, the initiation of the removal by
the public water system of any lead portion of
the service line;
``(B) provide for frequent and culturally and
linguistically appropriate multi-media outreach in
plain language about the health risk and protection
available to--
``(i) consumers with known or suspected
full or partial lead service lines;
``(ii) public and private institutions and
facilities that serve individuals of any other
vulnerable population, including--
``(I) children;
``(II) pregnant women; and
``(III) an immunocompromised
population, such as--
``(aa) individuals living
with auto immune deficiency
syndrome or human
immunodeficiency virus; and
``(bb) the elderly; and
``(iii) caregivers and healthcare providers
for any individual described in clause (i) or
(ii);
``(C) require, for each monitoring period, each
public water system to publish on a publicly accessible
website of the public water system, or distribute by
carrier route presort if the public water system does
not maintain a publicly accessible website, or
distribute door-to-door if a substantial portion of the
population served by the public water system does not
have access to the Internet or is elderly--
``(i) the number of households served by
the public water system that have a household
action level that is greater than the household
action level established by the Administrator
under subparagraph (A);
``(ii) all levels of lead and copper found
in each monitoring period; and
``(iii) the most recent 90th percentile
levels for lead and copper, as compared to the
system action levels for lead and copper;
``(D) in the case of a community that has a lead
service line, require the public water system to
provide a public statement of lead service line
ownership that includes the legal basis of that
determination of ownership; and
``(E) modify lead monitoring requirements to
provide for--
``(i) voluntary consumer-requested tap
sampling for lead; and
``(ii) the use of any result of a tap
sample described in clause (i)--
``(I) to inform--
``(aa) consumer action to
reduce the risk of lead in the
home of the consumer; and
``(bb) in the case of a tap
sample that is higher than the
household action level
established in subparagraph
(A), the consumer and the
appropriate public health
agency; and
``(II) to assess--
``(aa) if the tap sample
meets the site selection
criteria described in the
regulations issued by the
Administrator for the control
of lead and copper, the
effectiveness of corrosion
control treatment; or
``(bb) any other potential
cause of an elevated lead
level.''.
(b) Conforming Amendments.--Section 1415(e) of the Safe Drinking
Water Act (42 U.S.C. 300g-4(e)) is amended--
(1) in paragraph (2)(A), by striking ``1412(b)(15)'' and
inserting ``1412(b)(16)''; and
(2) in paragraph (7)(A)--
(A) in clause (ii), by striking ``1412(b)(15)'' and
inserting ``1412(b)(16)''; and
(B) in clause (iii), by striking ``1412(b)(15)(A)''
and inserting ``1412(b)(16)(A)''. | Copper and Lead Evaluation and Reporting Act of 2016 or the CLEAR Act This bill amends the Safe Drinking Water Act to require the Environmental Protection Agency to promulgate new lead and copper regulations that would set a health-based, household action level for lead and copper that triggers: (1) a consumer notification of drinking water contamination; (2) a report to the appropriate public health agency; and (3) an examination by the public water system of service line material and, if applicable, the removal of lead portions of the service line. That action level must be based on the amount of lead that would result in a blood lead level greater than five micrograms per deciliter in an average, healthy infant who consumes infant formula made with water. The regulations must also: provide outreach about the health risk and protection available to consumers with known or suspected lead service lines, institutions and facilities that serve other vulnerable populations, and the caregivers and health care providers of those consumers or populations; require reporting by public water systems for each monitoring period to the populations they serve on information concerning lead and copper levels; require public water systems to provide a public statement of lead service line ownership where a community has such lines; modify monitoring requirements to provide for voluntary, consumer-requested tap samples for lead; and provide for utilizing the results of those samples. | CLEAR Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Full Funding for IDEA Now Act of
2003''.
SEC. 2. PURPOSE.
The purpose of this Act is to attain the Federal Government's goal
under part B of the Individuals with Disabilities Education Act (20
U.S.C. 1411 et seq.) of providing 40 percent of the national current
average per pupil expenditure to assist States and local educational
agencies with the excess costs of educating children with disabilities
and to make such funding mandatory.
SEC. 3. AMOUNT OF GRANT FOR STATES UNDER PART B OF THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT.
(a) In General.--Section 611(a) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(a)) is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following:
``(2) Minimum amounts.--The minimum amount of the grant a
State is entitled to receive under this section for a fiscal
year is--
``(A) the number of children with disabilities in
the State who are receiving special education and
related services--
``(i) aged 3 through 5 if the State is
eligible for a grant under section 619; and
``(ii) aged 6 through 21; multiplied by
``(B) 40 percent of the average current per-pupil
expenditure in public elementary and secondary schools
in the United States.
``(3) No individual entitlement.--Paragraph (2) shall not
be interpreted to entitle any individual to assistance under
any State program, project, or activity funded under this
part.''.
(b) Conforming Amendments.--(1) Section 611 of the Individuals with
Disabilities Education Act (20 U.S.C. 1411) is amended by striking
subsection (j).
(2) Section 611 of the Individuals with Disabilities Education Act
(20 U.S.C. 1411), as amended by paragraph (1), is further amended--
(A) in subsection (b)(1), by striking ``From the amount
appropriated for any fiscal year under subsection (j), the
Secretary shall reserve not more than one percent, which shall
be used'' and inserting ``From the amount available for any
fiscal year to carry out this part (other than section 619),
the Secretary shall use not more than one percent'';
(B) in subsection (c), by striking ``From the amount
appropriated for any fiscal year under subsection (j), the
Secretary shall reserve'' and inserting ``From the amount
available for any fiscal year to carry out this part (other
than section 619), the Secretary shall use'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) by striking ``(1) In general.--''; and
(II) by striking ``paragraph (2) or
subsection (e), as the case may be'' and
inserting ``subsection (e)''; and
(ii) by striking paragraph (2);
(D) in subsection (e)--
(i) in the heading, by striking ``Permanent'';
(ii) in paragraph (1)--
(I) by striking ``subsection (d)(1)'' and
inserting ``subsection (d)''; and
(II) by inserting after ``subsection (j)''
the following: ``(as such subsection was in
effect on the day before the date of the
enactment of the Full Funding for IDEA Now Act
of 2003)''; and
(iii) in paragraph (3)(B)--
(I) in clause (ii)--
(aa) in subclause (I)(bb), by
striking ``amount appropriated under
subsection (j)'' and inserting ``amount
available to carry out this part (other
than section 619)'';
(bb) in subclause (II)(bb), by
striking ``appropriated'' and inserting
``available''; and
(cc) in subclause (III)(bb), by
striking ``appropriated'' and inserting
``available''; and
(II) in clause (iii)(II), by striking
``appropriated'' and inserting ``available'';
(E) in subsection (g)--
(i) in paragraph (2)--
(I) by striking subparagraph (A);
(II) by striking ``(B) Permanent
procedure.--'';
(III) by redesignating clauses (i) and (ii)
and subclauses (I) and (II) as subparagraphs
(A) and (B) and clauses (i) and (ii),
respectively; and
(IV) in subparagraph (B) (as redesignated),
by striking ``clause (i)'' and inserting
``subparagraph (A)''; and
(ii) in paragraph (3)(A)--
(I) in clause (i)(I), by striking
``appropriated'' and inserting ``available'';
(II) in clause (ii), by striking
``appropriated'' and inserting ``available'';
and
(F) in subsection (i)(3)(A), by striking ``appropriated
under subsection (j)'' and inserting ``available to carry out
this part (other than section 619)''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2003. | Full Funding for IDEA Now Act of 2003 - Amends the Individuals with Disabilities Education Act (IDEA) to specify a mandatory minimum level of Federal grant payments to States for assistance for education of all children with disabilities.Sets such level at 40 percent of the average current per-pupil expenditure in public and secondary schools in the United States multiplied by the number of children with disabilities in the State who are receiving special education and related services: (1) aged three through five if the State is eligible for an IDEA preschool grant; and (2) aged six through 21. | To amend the Individuals with Disabilities Education Act to provide full funding for assistance for education of all children with disabilities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retired Pay Restoration Act of
2005''.
SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS'
DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES
WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.
(a) Extension of Concurrent Receipt Authority to Retirees With
Service-Connected Disabilities Rated Less Than 50 Percent.--
(1) Repeal of 50 percent requirement.--Section 1414 of
title 10, United States Code, is amended by striking paragraph
(2) of subsection (a).
(2) Computation.--Paragraph (1) of subsection (c) of such
section is amended by adding at the end the following new
subparagraph:
``(G) For a month for which the retiree receives
veterans' disability compensation for a disability
rated as 40 percent or less or has a service-connected
disability rated as zero percent, $0.''.
(b) Repeal of Phase-in of Concurrent Receipt for Retirees With
Service-Connected Disabilities Rated as Total.--Subsection (a)(1) of
such section is amended by striking ``except that'' and all that
follows and inserting ``except--
``(A) in the case of a qualified retiree receiving
veterans' disability compensation for a disability
rated as 100 percent, payment of retired pay to such
veteran is subject to subsection (c) only during the
period beginning on January 1, 2004, and ending on
December 31, 2004; and
``(B) in the case of a qualified retiree receiving
veterans' disability compensation for a disability
rated as total by reason of unemployability, payment of
retired pay to such veteran is subject to subsection
(c) only during the period beginning on January 1,
2004, and ending on December 31, 2005.''.
(c) Clerical Amendments.--
(1) The heading for section 1414 of such title is amended
to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 71 of such title is
amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation:
concurrent payment of retired pay and
disability compensation.''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2006, and shall apply to payments for months
beginning on or after that date.
SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL
COMPENSATION AND CONCURRENT RECEIPT.
(a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a
of title 10, United States Code, is amended by striking ``entitled to
retired pay who--'' and inserting ``who--
``(1) is entitled to retired pay, other than a member
retired under chapter 61 of this title with less than 20 years
of service creditable under section 1405 of this title and less
than 20 years of service computed under section 12732 of this
title; and
``(2) has a combat-related disability.''.
(b) Amendments to Standardize Similar Provisions.--
(1) Clerical amendment.--The heading for paragraph (3) of
section 1413a(b) of such title is amended by striking ``rules''
and inserting ``rule''.
(2) Qualified retirees.--Subsection (a) of section 1414 of
such title, as amended by section 2(a), is amended--
(A) by striking ``a member or'' and all that
follows through ``retiree')'' and inserting ``a
qualified retiree''; and
(B) by adding at the end the following new
paragraph:
``(2) Qualified retirees.--For purposes of this
section, a qualified retiree, with respect to any
month, is a member or former member of the uniformed
services who--
``(A) is entitled to retired pay, other
than in the case of a member retired under
chapter 61 of this title with less than 20
years of service creditable under section 1405
of this title and less than 20 years of service
computed under section 12732 of this title; and
``(B) is also entitled for that month to
veterans' disability compensation.''.
(3) Disability retirees.--Subsection (b) of section 1414 of
such title is amended--
(A) by striking ``Special Rules'' in the subsection
heading and all that follows through ``is subject to''
and inserting ``Special Rule for Chapter 61 Disability
Retirees.--In the case of a qualified retiree who is
retired under chapter 61 of this title, the retired pay
of the member is subject to''; and
(B) by striking paragraph (2).
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2006, and shall apply to payments for months
beginning on or after that date. | Retired Pay Restoration Act of 2005 - Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more).
Makes the 2004 through 2013 phase-in limitations for the concurrent receipt of such pay for qualified retirees with service-connected disabilities rated as total applicable: (1) only during 2004 for retirees with a 100 percent disability; and (2) only during 2004 and 2005 for retirees with a total disability by reason of unemployability.
Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability. | To amend title 10, United States Code, to permit certain retired members of the uniformed services who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Exemption for Washington from
Obamacare Act''.
SEC. 2. HEALTH INSURANCE COVERAGE FOR CERTAIN CONGRESSIONAL STAFF AND
MEMBERS OF THE EXECUTIVE BRANCH.
Section 1312(d)(3)(D) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18032(d)(3)(D)) is amended--
(1) by striking the subparagraph heading and inserting the
following:
``(D) Members of congress, congressional staff, and
political appointees in the exchange.--'';
(2) in clause (i), in the matter preceding subclause (I)--
(A) by striking ``and congressional staff with''
and inserting ``, congressional staff, the President,
the Vice President, and political appointees with'';
and
(B) by striking ``or congressional staff shall''
and inserting ``, congressional staff, the President,
the Vice President, or a political appointee shall'';
(3) in clause (ii)--
(A) in subclause (II), by inserting after
``Congress,'' the following: ``of a committee of
Congress, or of a leadership office of Congress,''; and
(B) by adding at the end the following:
``(III) Political appointee.--In
this subparagraph, the term `political
appointee' means any individual who--
``(aa) is employed in a
position described under
sections 5312 through 5316 of
title 5, United States Code
(relating to the Executive
Schedule);
``(bb) is a limited term
appointee, limited emergency
appointee, or noncareer
appointee in the Senior
Executive Service, as defined
under paragraphs (5), (6), and
(7), respectively, of section
3132(a) of title 5, United
States Code;
``(cc) is employed in a
position in the executive
branch of the Government of a
confidential or policy-
determining character under
schedule C of subpart C of part
213 of title 5 of the Code of
Federal Regulations; or
``(dd) is employed in or
under the Executive Office of
the President in a position
that is excluded from the
competitive service by reason
of its confidential, policy-
determining, policy-making, or
policy-advocating character.'';
and
(4) by adding at the end the following:
``(iii) Government contribution.--No
Government contribution under section 8906 of
title 5, United States Code, shall be provided
on behalf of an individual who is a Member of
Congress, a congressional staff member, the
President, the Vice President, or a political
appointee for coverage under this paragraph.
``(iv) Limitation on amount of tax credit
or cost-sharing.--An individual enrolling in
health insurance coverage pursuant to this
paragraph shall not be eligible to receive a
tax credit under section 36B of the Internal
Revenue Code of 1986 or reduced cost-sharing
under section 1402 of this Act in an amount
that exceeds the total amount for which a
similarly situated individual (who is not so
enrolled) would be entitled to receive under
such sections.
``(v) Limitation on discretion for
designation of staff.--Notwithstanding any
other provision of law, a Member of Congress
shall not have discretion in determinations
with respect to which employees employed by the
office of such Member are eligible to enroll
for coverage through an Exchange.''. | No Exemption for Washington from Obamacare Act Amends the Patient Protection and Affordable Care Act (PPACA) to extend the requirement for participation in the American Health Benefit Exchange (a state health insurance exchange created by PPACA) to the President, Vice President, executive branch political appointees, and employees of congressional committees and leadership offices of Congress (currently, this requirement applies to Members of Congress and their staff). Prohibits any government contribution to or subsidy for the health insurance coverage of such officials and employees. | No Exemption for Washington from Obamacare Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seasonal Influenza and Pandemic
Preparation Act of 2005''.
SEC. 2. FREE INFLUENZA VACCINE PROGRAM.
(a) Establishment.--The Secretary shall establish a national
voluntary influenza vaccination program for adults and children under
which any individual may receive an influenza vaccine at no cost at any
Federally qualified health center, public or private hospital,
physician office, clinic, or other entity determined appropriate by the
Secretary.
(b) Participating Entities.--
(1) Reimbursement.--An entity described in subsection (a)
that elects to provide vaccines to individuals through the
program shall be reimbursed for the costs of administering such
vaccines by the Secretary at the rate determined by the
Secretary for such vaccine for purposes of title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), or at such higher
rate, including cost-based reimbursement, as determined
appropriate by the Secretary. Such reimbursement may include
the costs of practice expenses or other costs associated with
the administration of the influenza vaccine.
(2) Limitation on charges.--An entity participating in the
program shall not charge a co-payment or apply any other cost-
sharing requirements associated with the administration of
influenza vaccines, including any co-payment or other cost-
sharing for the visit associated with the administration of
such vaccine.
(3) Voluntary participation.--Participation by an entity in
the program shall be voluntary.
(c) Public-Private Partnerships.--
(1) Grants.--The Secretary shall award grants to State and
local health departments, public hospitals, Federally qualified
health centers, and other entities to facilitate the
establishment of influenza vaccination programs in partnership
with private entities, including retail outlets, pharmacies,
faith-based organizations, private employers, and others as
determined appropriate by the Secretary.
(2) Limitation on charges.--Any influenza vaccination
provided to an individual under a grant under this subsection
shall be at no cost to the individual.
(3) Reimbursement.--An entity participating in a program
under a grant under this subsection may request reimbursement
from the Secretary under the program under subsection (a) in
addition to the amounts received under the grant.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection, $500,000,000
for fiscal year 2006, and such sums as may be necessary for
each fiscal year thereafter.
(d) School Partnerships.--
(1) Grants to public entities.--
(A) In general.--The Secretary shall award grants
to local health departments, public hospitals,
Federally qualified health centers, and other entities
to facilitate the development of influenza vaccination
programs for students and families of students in
partnership with local primary and secondary
educational institutions (including private
institutions and Head Start programs).
(B) Limitation on charges.--Any influenza
vaccination provided to an individual under a grant
under this subsection shall be at no cost to the
individual.
(2) Grants to schools.--The Secretary shall award grants to
elementary and secondary schools to facilitate the development
of a voluntary influenza vaccination program.
(3) Limitation on charges.--Any influenza vaccination
provided to an individual under this subsection shall be at no
cost to the individual.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection, $150,000,000
for fiscal year 2006, and such sums as may be necessary for
each fiscal year thereafter.
(e) Immunization Plans.--The Secretary, under the programs under
titles XVIII, XIX, and XXI of the Social Security Act, shall develop an
immunization plan with immunization target numbers for the respective
populations served under the program under each such title. The
Secretary shall provide bonus payments to eligible health care
providers and other entities who meet immunization targets established
by the Secretary in such plans.
SEC. 3. VOLUNTEER VACCINE CORPS.
(a) Establishment.--The Secretary shall establish a Volunteer
Vaccine Corps (referred to in this section as the ``Corps'') to
facilitate the distribution and provision of vaccines to individuals
under any voluntary influenza vaccination program established by a
State or local entity.
(b) Activation and Assignment of Members.--
(1) Activation.--The members of the Corps shall be
activated by the Secretary upon a declaration by the Secretary
of a public health emergency under section 319 of the Public
Health Service Act related to an influenza outbreak (including
a seasonal outbreak).
(2) Assignment.--Upon activation, members of the Corps
shall be assigned to State and local entities to carry out the
provisions of a State or local voluntary influenza vaccination
program during such emergency.
(3) Requests.--The Secretary may request members of the
Corps from a State or territory to participate in the
vaccination program of another State or territory. The
Secretary shall enter into agreements with such States to
accept licensure and certification from such other States for
the purpose of carrying out activities under an influenza
vaccination program.
(c) Participation.--
(1) In general.--All duly licensed or certified health
professionals, including retired health professionals, as
determined appropriate by the Secretary, may participate in the
Corps under procedures established by the Secretary and after
passing an approved training course developed by the Secretary.
(2) Database.--The Secretary, in cooperation and
consultation with State and local entities, shall maintain a
database of Corps members. Such database shall, with respect to
each Corps member, include contact information, appropriate
licensure or certification information, and other information
the Secretary determines necessary to perform the activities of
the Corps.
(d) Training Grants.--The Secretary shall award grants to State and
local public health departments, Federally qualified health centers,
public and private hospitals, and other entities for the training of
Corps members.
(e) Liability.--Members of the Corps, when performing their duties
under an activation and assignment by the Secretary under subsection
(b) shall only be subject to liability for their actions under such
assignment as provided for under the Federal Tort Claims Act.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $100,000,000 for fiscal year
2006, and such sums as may be necessary for each fiscal year
thereafter.
SEC. 4. PUBLIC OUTREACH.
(a) In General.--The Director of the Centers for Disease Control
and Prevention shall establish and implement a national public affairs
campaign, to be carried out through radio, television, print, and other
media and methods determined appropriate by the Secretary, to increase
influenza immunization rates.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $15,000,000 for fiscal year
2006, and such sums as may be necessary for each fiscal year
thereafter.
SEC. 5. DEFINITIONS.
In this Act:
(1) Program.--The term ``program'' means the national
voluntary influenza vaccination program established under
section 2(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Seasonal Influenza and Pandemic Preparation Act of 2005 - Requires the Secretary of Health and Human Services to establish a national voluntary influenza vaccination program to provide free influenza vaccines. Requires the Secretary to reimburse participating entities for the cost of administering such vaccines.
Requires the Secretary to award grants to health departments, public hospitals, federally qualified health centers, and other entities to facilitate: (1) the establishment of influenza vaccination programs in partnership with private entities; and (2) the development of influenza vaccination programs for students and families of students.
Requires the Secretary to: (1) award grants to elementary and secondary schools to facilitate the development of a voluntary influenza vaccination program; (2) develop an immunization plan with immunization target numbers for Medicare, Medicaid, and the State Children's Health Insurance Program (SCHIP); (3) provide bonus payments to eligible health care providers and other entities who meet such immunization targets; (4) establish a Volunteer Vaccine Corps to facilitate the distribution of vaccines during a public health emergency related to an influenza outbreak; (5) maintain a database of Corps members; and (6) award grants for the training of Corps members. Limits the liability of Corps members when performing their duties.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to establish a national public affairs campaign to increase influenza immunization rates. | A bill to provide for the establishment of programs and activities to increase influenza vaccination rates through the provision of free vaccines. |
SECTION 1. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER BANKRUPTCY.
(a) General Rules.--
(1) Rollover of airline payment amount.--If a qualified
airline employee receives any airline payment amount and
transfers any portion of such amount to a traditional IRA
within 180 days of receipt of such amount (or, if later, within
180 days of the date of the enactment of this Act), then such
amount (to the extent so transferred) shall be treated as a
rollover contribution described in section 402(c) of the
Internal Revenue Code of 1986. A qualified airline employee
making such a transfer may exclude from gross income the amount
transferred, in the taxable year in which the airline payment
amount was paid to the qualified airline employee by the
commercial passenger airline carrier.
(2) Transfer of amounts attributable to airline payment
amount following rollover to roth ira.--A qualified airline
employee who made a rollover of an airline payment amount to a
Roth IRA pursuant to section 125 of the Worker, Retiree, and
Employer Recovery Act of 2008, may transfer to a traditional
IRA all or any part of the Roth IRA attributable to such
rollover, and the transfer to the traditional IRA will be
deemed to have been made at the time of the rollover to the
Roth IRA, if such transfer is made within 180 days of the date
of the enactment of this Act. A qualified airline employee
making such a transfer may exclude from gross income the
airline payment amount previously rolled over to the Roth IRA,
to the extent an amount attributable to the previous rollover
was transferred to a traditional IRA, in the taxable year in
which the airline payment amount was paid to the qualified
airline employee by the commercial passenger airline carrier.
(3) Extension of time to file claim for refund.--A
qualified airline employee who excludes an amount from gross
income in a prior taxable year under paragraph (1) or (2) may
reflect such exclusion in a claim for refund filed within the
period of limitation under section 6511(a) (or, if later, April
15, 2011).
(b) Treatment of Airline Payment Amounts and Transfers for
Employment Taxes.--For purposes of chapter 21 of the Internal Revenue
Code of 1986 and section 209 of the Social Security Act, an airline
payment amount shall not fail to be treated as a payment of wages by
the commercial passenger airline carrier to the qualified airline
employee in the taxable year of payment because such amount is excluded
from the qualified airline employee's gross income under subsection
(a).
(c) Definitions and Special Rules.--For purposes of this section--
(1) Airline payment amount.--
(A) In general.--The term ``airline payment
amount'' means any payment of any money or other
property which is payable by a commercial passenger
airline carrier to a qualified airline employee--
(i) under the approval of an order of a
Federal bankruptcy court in a case filed after
September 11, 2001, and before January 1, 2007,
and
(ii) in respect of the qualified airline
employee's interest in a bankruptcy claim
against the carrier, any note of the carrier
(or amount paid in lieu of a note being
issued), or any other fixed obligation of the
carrier to pay a lump sum amount.
The amount of such payment shall be determined without
regard to any requirement to deduct and withhold tax
from such payment under sections 3102(a) and 3402(a).
(B) Exception.--An airline payment amount shall not
include any amount payable on the basis of the
carrier's future earnings or profits.
(2) Qualified airline employee.--The term ``qualified
airline employee'' means an employee or former employee of a
commercial passenger airline carrier who was a participant in a
defined benefit plan maintained by the carrier which--
(A) is a plan described in section 401(a) of the
Internal Revenue Code of 1986 which includes a trust
exempt from tax under section 501(a) of such Code, and
(B) was terminated or became subject to the
restrictions contained in paragraphs (2) and (3) of
section 402(b) of the Pension Protection Act of 2006.
(3) Traditional ira.--The term ``traditional IRA'' means an
individual retirement plan (as defined in section 7701(a)(37)
of the Internal Revenue Code of 1986) which is not a Roth IRA.
(4) Roth ira.--The term ``Roth IRA'' has the meaning given
such term by section 408A(b) of such Code.
(d) Surviving Spouse.--If a qualified airline employee died after
receiving an airline payment amount, or if an airline payment amount
was paid to the surviving spouse of a qualified airline employee in
respect of the qualified airline employee, the surviving spouse of the
qualified airline employee may take all actions permitted under section
125 of the Worker, Retiree and Employer Recovery Act of 2008, or under
this section, to the same extent that the qualified airline employee
could have done had the qualified airline employee survived.
(e) Effective Date.--This section shall apply to transfers made
after the date of the enactment of this Act with respect to airline
payment amounts paid before, on, or after such date. | Allows commercial airline employees who were participants in a tax-exempt defined benefit pension plan of a commercial airline that was terminated or otherwise restricted to transfer to a traditional individual retirement account (IRA) any amount received from the airline resulting from a bankruptcy proceeding filed after September 11, 2001, and before January 1, 2007. Excludes from the gross income of such employees any such amount received from an airline. | To provide for rollover treatment to traditional IRAs of amounts received in airline carrier bankruptcy. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Price Gouging Act of 2005''.
SEC. 2. PRICE GOUGING PROHIBITION FOLLOWING MAJOR DISASTERS.
The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is
amended--
(1) by redesignating sections 25 and 26 (15 U.S.C. 57c, 58)
as sections 26 and 27, respectively; and
(2) by inserting after section 24 (15 U.S.C. 57b-5) the
following:
``SEC. 25. PROTECTION FROM PRICE GOUGING FOLLOWING MAJOR DISASTERS.
``(a) Definitions.--In this section:
``(1) Affected area.--The term `affected area' means an
area affected by a major disaster declared by the President
under Federal law in existence on the date of enactment of this
subsection.
``(2) Price gouging.--The term `price gouging' means the
charging of an unconscionably excessive price by a supplier in
an affected area.
``(3) Supplier.--The term `supplier' means any person that
sells gasoline or diesel fuel for resale or ultimate
consumption.
``(4) Unconscionably excessive price.--The term
`unconscionably excessive price' means a price charged in an
affected area for gasoline or diesel fuel that--
``(A) represents a gross disparity, as determined
by the Commission in accordance with subsection (e),
between the price charged for gasoline or diesel fuel
and the average price of gasoline or diesel fuel
charged by suppliers in the affected area during the
30-day period immediately before the President declares
the existence of a major disaster; and
``(B) is not attributable to increased wholesale or
operational costs incurred by the supplier in
connection with the sale of gasoline or diesel fuel.
``(b) Determination of the Commission.--Following the declaration
of a major disaster by the President, the Commission shall--
``(1) consult with the Attorney General, the United States
Attorney for the district in which the disaster occurred, and
State and local law enforcement officials to determine whether
any supplier in the affected area is charging or has charged an
unconscionably excessive price for gasoline or diesel fuel
provided in the affected area; and
``(2) establish within the Commission--
``(A) a toll-free hotline that a consumer may call
to report an incidence of price gouging in the affected
area; and
``(B) a program to develop and distribute to the
public informational materials in English and Spanish
to assist residents of the affected area in detecting
and avoiding price gouging.
``(c) Price Gouging Involving Disaster Victims.--
``(1) Offense.--During the 180-day period after the date on
which a major disaster is declared by the President, no
supplier shall sell, or offer to sell, gasoline or diesel fuel
in an affected area at an unconscionably excessive price.
``(2) Action by commission.--
``(A) In general.--During the period described in
paragraph (1), the Commission shall conduct
investigations to determine whether any supplier in an
affected area is in violation of paragraph (1).
``(B) Positive determination.--If the Commission
determines under subparagraph (A) that a supplier is in
violation of paragraph (1), the Commission shall take
any action the Commission determines to be appropriate
to remedy the violation.
``(3) Civil penalties.--A supplier that commits an offense
described in paragraph (1) may, in a civil action brought in a
court of competent jurisdiction, be subject to--
``(A) a civil penalty of not more than $500,000;
``(B) an order to pay special and punitive damages;
``(C) an order to pay reasonable attorney's fees;
``(D) an order to pay costs of litigation relating
to the offense;
``(E) an order for disgorgement of profits earned
as a result of a violation of paragraph (1); and
``(F) any other relief determined by the court to
be appropriate.
``(4) Criminal penalty.--A supplier that knowingly commits
an offense described in paragraph (1) shall be imprisoned not
more than 1 year.
``(5) Action by victims.--A person, Federal agency, State,
or local government that suffers loss or damage as a result of
a violation of paragraph (1) may bring a civil action against a
supplier in any court of competent jurisdiction for
disgorgement, special or punitive damages, injunctive relief,
reasonable attorney's fees, costs of the litigation, and any
other appropriate legal or equitable relief.
``(6) Action by state attorneys general.--An attorney
general of a State, or other authorized State official, may
bring a civil action in the name of the State, on behalf of
persons residing in the State, in any court of competent
jurisdiction for disgorgement, special or punitive damages,
reasonable attorney's fees, costs of litigation, and any other
appropriate legal or equitable relief.
``(7) No preemption.--Nothing in this section preempts any
State law.
``(d) Report.--Not later than 1 year after the date of enactment of
this subsection, and annually thereafter, the Commission shall submit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report describing--
``(1) the number of price gouging complaints received by
the Commission for each major disaster declared by the
President during the preceding year;
``(2) the number of price gouging investigations of the
Commission initiated, in progress, and completed as of the date
on which the report is prepared;
``(3) the number of enforcement actions of the Commission
initiated, in progress, and completed as of the date on which
the report is prepared;
``(4) an evaluation of the effectiveness of the toll-free
hotline and program established under subsection (b)(2); and
``(5) recommendations for any additional action with
respect to the implementation or effectiveness of this section.
``(e) Definition of Gross Disparity.--Not later than 180 days after
the date of enactment of this subsection, the Commission shall
promulgate regulations to define the term `gross disparity' for
purposes of this section.''.
SEC. 3. EFFECT OF ACT.
Nothing in this Act, or an amendment made by this Act, affects any
authority of the Federal Trade Commission in existence on the date of
enactment of this Act with respect to price gouging actions. | Price Gouging Act of 2005 - Amends the Federal Trade Commission Act to direct the Federal Trade Commission to: (1) consult with certain senior law enforcement officials following the declaration of a major disaster by the President in order to determine whether any supplier is charging unconscionably excessive prices for gasoline or diesel fuel in the affected area; (2) establish a toll-free hotline to receive consumer reports of price gouging in the affected area; and (3) establish a program to develop and distribute public informational materials in English and Spanish to assist residents of the affected area in detecting and avoiding price gouging.
Prohibits unconscionably excessive prices for any gasoline or diesel fuel in an affected area during the 180-day period after the date on which a major disaster is declared by the President.
Subjects violations of this Act to specified civil and criminal penalties.
Authorizes victims and state Attorneys General to bring a civil action against violators of this Act. | A bill to prohibit price gouging relating to gasoline and diesel fuels in areas affected by major disasters. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Partnership Program
Enhancement Act of 2015''.
SEC. 2. MODIFICATION AND EXTENSION OF NATIONAL GUARD STATE PARTNERSHIP
PROGRAM.
(a) Authority.--Subsection (a)(1) of section 1205 of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127
Stat. 897; 32 U.S.C. 107 note) is amended--
(1) by striking ``whose primary functions include disaster
response or emergency response,''; and
(2) by adding at the end before the period the following:
``to support the national interests and security cooperation
goals and objectives of the United States as defined by the
current and evolving national global strategic policies of the
United States''.
(b) Limitation.--Subsection (b) of such section is amended by
striking ``whose primary functions include disaster response or
emergency response''.
(c) Regulations.--Subsection (c) of such section is amended to read
as follows:
``(c) Regulations.--
``(1) Role of chief of the national guard bureau.--The
Chief of the National Guard Bureau shall--
``(A) establish, maintain, and update as
appropriate a list of core competencies of the National
Guard to support each program established under
subsection (a), collectively and for each State and
territory, and shall submit to the Secretary of Defense
and the Secretary of State the list of core
competencies of the National Guard and additional
information needed to make use of such core
competencies; and
``(B) designate a director for each State and
territory who shall be responsible for the conduct of
activities under a program established under subsection
(a) for such State or territory and reporting on
activities under the program.
``(2) Role of secretary of defense.--The Secretary of
Defense shall ensure that regulations to carry out this section
include planning, coordinating, and execution requirements with
the commanders of applicable combatant commands and that
activities under a program established under subsection (a)
meet the relevant theater security cooperation objectives.
``(3) Role of secretary of state.--The Secretary of State
shall ensure that the regulations to carry out this section
include planning, coordinating, and execution requirements with
the relevant chiefs of mission and that activities under a
program established under subsection (a) meet the diplomatic
objectives of the Department of State.''.
(d) National Guard State Partnership Program Fund.--Subsection (d)
of such section is amended to read as follows:
``(d) National Guard State Partnership Program Fund.--
``(1) Establishment.--There is hereby established on the
books of the Treasury the National Guard State Partnership
Program Fund (in this subsection referred to as the `Fund').
``(2) Credits to fund.--There shall be credited to the Fund
the following:
``(A) Amounts authorized for and appropriated to
the Fund.
``(B) Amounts that the Secretary of Defense
transfers, in such amounts as provided in
appropriations Acts, to the Fund from amounts
authorized and appropriated to the Department of
Defense, including amounts authorized to be
appropriated for the Army National Guard and the Air
National Guard.
``(3) Use of amounts in fund.--In such amounts as provided
in appropriations Acts, the Secretary of Defense may use
amounts in the Fund--
``(A) for payment of costs incurred by the National
Guard of a State or territory to conduct activities
under a program established under subsection (a),
including costs for personnel, training, operations,
and equipment; and
``(B) for payment of incremental expenses of a
foreign country to conduct activities under a program
established under subsection (a).
``(4) Limitations.--
``(A) Active duty requirement.--Amounts shall not
be available under paragraph (3) for the participation
of a member of the National Guard of a State or
territory in activities in a foreign country unless the
member is on active duty in the Armed Forces at the
time of such participation.
``(B) Incremental expenses.--The total amount of
payments for incremental expenses of foreign countries
as authorized under paragraph (3)(B) for activities
under programs established under subsection (a) in any
fiscal year may not exceed $10,000,000.''.
(e) Annual Report.--Subsection (e) of such section is amended--
(1) by striking ``(e) Reports and Notifications.--'' and
all that follows through ``(B) Matters to be included.--'' and
inserting the following:
``(e) Annual Report.--
``(1) In general.--Not later than January 31 of each year
following a fiscal year in which activities under a program
established under subsection (a) are carried out, the Secretary
of Defense, in coordination with the Secretary of State, shall
submit to the appropriate congressional committees a report on
such activities under the program.
``(2) Matters to be included.--'';
(2) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively, and adjusting the
margin of such subparagraphs, as so redesignated, two ems to
the left; and
(3) in paragraph (2) (as redesignated)--
(A) in subparagraph (C) (as redesignated), by
inserting ``or other government organizations'' after
``and security forces'';
(B) in subparagraph (D) (as redesignated), by
adding at the end before the period the following: ``or
chief of mission'';
(C) in subparagraph (E) (as redesignated), by
adding at the end before the period the following: ``or
how the activities support the chief of mission with
responsibilities for the country in which the
activities occurred''; and
(D) by adding at the end the following:
``(F) A performance review of activities conducted
during the previous year using metrics developed by the
Chief of the National Guard Bureau.''.
(f) Definitions.--Subsection (g) of such section is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) Core competencies.--The term `core competencies' or
`core competencies of the National Guard' means military-to-
military and military-to-civilian skills and capabilities of
the National Guard that would contribute the purpose of the
program established under subsection (a).''; and
(3) by adding at the end the following:
``(4) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, and the Virgin Islands.''.
(g) Repeal of Termination.--Such section is further amended by
striking subsection (i). | State Partnership Program Enhancement Act of 2015 Amends the National Defense Authorization Act for Fiscal Year 2014 to revise and extend indefinitely the authority of the Department of Defense (DOD) to establish exchange programs for members of the National Guard under the National Guard State Partnership Program (SPP). (Currently, the authority is scheduled to terminate on September 30, 2016.) Requires the National Guard Bureau to: (1) maintain a list of core competencies of the National Guard to support SPP activities, and (2) designate a director for each state and territory. Requires DOD to coordinate SPP regulations with combatant commanders to ensure that program activities meet theater security cooperation objectives. Requires the Department of State to coordinate such regulations with relevant chiefs of mission to meet diplomatic objectives. Establishes the National Guard State Partnership Program Fund in the Treasury, into which appropriated amounts shall be credited and transferred for program activity uses, including payment of costs for personnel, training, operations, and equipment. | State Partnership Program Enhancement Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Energy Affordability Tax Relief
Act of 2008'' or the ``HEATR Act of 2008''.
SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application) is amended by
adding at the end the following new section:
``SEC. 6431. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year an amount equal to the lesser of--
``(1) 33 percent of the amount of the taxpayer's
residential energy costs for such taxable year, or
``(2) $500.
``(b) Income Limitation.--
``(1) In general.--The amount allowable as a credit under
subsection (a) for any taxable year shall be reduced (but not
below zero) by an amount which bears the same ratio to the
amount so allowable (determined without regard to this
paragraph) as--
``(A) the amount (if any) by which the taxpayer's
adjusted gross income exceeds $50,000 (twice such
amount in the case of a joint return), bears to
``(B) $10,000.
``(2) Determination of adjusted gross income.--For purposes
of paragraph (1), adjusted gross income shall be determined
without regard to sections 911, 931, and 933.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Residential energy costs.--The term `residential
energy costs' means the amount paid or incurred by the taxpayer
during the taxable year--
``(A) to any utility for electricity or natural gas
used in the principal residence of the taxpayer during
the heating season, and
``(B) for any qualified fuel for use in the
principal residence of the taxpayer but only if such
fuel is the primary fuel for heating such residence.
``(2) Principal residence.--
``(A) In general.--The term `principal residence'
has the meaning given to such term by section 121;
except that no ownership requirement shall be imposed.
``(B) Special rules.--Such term shall not include--
``(i) any residence located outside the
United States, and
``(ii) any residence not used as the
taxpayer's principal place of abode throughout
the heating season.
``(3) Heating season.--The term `heating season' means
October, November, December, January, February, and March.
``(4) Qualified fuel.--The term `qualified fuel' includes
propane, heating oil, kerosene, wood, and wood pellets.
``(d) Other Special Rules.--
``(1) Individuals paying on level payment basis.--Amounts
paid for natural gas under a level payment plan for any period
shall be treated as paid for natural gas used during the
portion (if any) of the heating season during such period to
the extent of the amount charged for natural gas used during
such portion of the heating season. A similar rule shall apply
to electricity and any qualified fuel.
``(2) Homeowners associations, etc.--The application of
this section to homeowners associations (as defined in section
528(c)(1)) or members of such associations, and tenant-
stockholders in cooperative housing corporations (as defined in
section 216), shall be allowed by allocation, apportionment, or
otherwise, to the individuals paying, directly or indirectly,
for the residential energy cost so incurred.
``(3) Dollar amount in case of joint occupancy.--In the
case of a dwelling unit which is the principal residence by 2
or more individuals, the dollar limitation under subsection
(a)(2) shall be allocated among such individuals under
regulations prescribed by the Secretary.
``(4) Treatment as refundable credit.--For purposes of this
title, the credit allowed by this section shall be treated as a
credit allowed under subpart C of part IV of subchapter A of
chapter 1 (relating to refundable credits).
``(e) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in 2009, each of the dollar amounts contained in
subsections (a)(2) and (b)(1)(A) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) in the case of--
``(i) the dollar amount contained in
subsection (a)(2), the fuel price inflation
adjustment for 2009, and
``(ii) the dollar amount contained in
subsection (b)(1)(A), the cost-of-living
adjustment determined under section 1(f)(3) for
2009 by substituting `calendar year 2007' for
`calendar year 1992' in subparagraph (B)
thereof.
``(2) Fuel price inflation adjustment.--For purposes of
paragraph (1)(B)(i)--
``(A) In general.--The fuel price inflation
adjustment for 2009 is the percentage (if any) by
which--
``(i) the CPI fuel component for October of
2008, exceeds
``(ii) the CPI fuel component for October
of 2007.
``(B) CPI fuel component.--The term `CPI fuel
component' means the fuel component of the Consumer
Price Index for All Urban Consumers published by the
Department of Labor.
``(3) Rounding.--
``(A) Credit amount.--
``(i) Credit amount.--If the dollar amount
in subsection (a)(2) (after being increased
under paragraph (1)), is not a multiple of $10,
such dollar amount shall be rounded to the
nearest multiple of $10.
``(ii) Income threshold.--If the dollar
amount in subsection (b)(1)(A) (after being
increased under paragraph (1)), is not a
multiple of $50, such dollar amount shall be
rounded to the next lowest multiple of $50.
``(f) Application of Section.--This section shall apply to
residential energy costs paid or incurred after the date of the
enactment of this section, in taxable years ending after such date, and
before January 1, 2010.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by striking ``or 6428 or'' and
inserting ``, 6428, 6431, or''.
(2) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:
``Sec. 6431. Refundable credit for residential energy costs.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Home Energy Affordability Tax Relief Act of 2008 or the HEATR Act of 2008 - Amends the Internal Revenue Code to allow individual taxpayers an income-based refundable tax credit for residential energy costs. Limits such credit to the lesser of 33% of such costs or $500. | To amend the Internal Revenue Code of 1986 to provide a refundable credit against income tax to assist individuals with high residential energy costs. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Unemployment Compensation Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Extension of the Temporary Extended Unemployment Compensation
Act of 2002.
Sec. 3. Entitlement to additional weeks of temporary extended
unemployment compensation.
Sec. 4. Application of revised rate of insured unemployment.
Sec. 5. Additional TEUC extended benefit period trigger.
Sec. 6. Additional weeks of benefits for workers in high unemployment
States.
Sec. 7. Effective date.
SEC. 2. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
ACT OF 2002.
(a) Six-Month Extension of Program.--Section 208 of the Temporary
Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116
Stat. 30) is amended to read as follows:
``SEC. 208. APPLICABILITY.
``(a) In General.--Subject to subsection (b), an agreement entered
into under this title shall apply to weeks of unemployment--
``(1) beginning after the date on which such agreement is
entered into; and
``(2) ending before July 1, 2003.
``(b) Transition.--In the case of an individual who is receiving
temporary emergency unemployment compensation for the week which
immediately precedes July 1, 2003, temporary emergency unemployment
compensation shall continue to be payable to such individual for any
week thereafter from the account from which such individual received
compensation for the week which includes such termination date. No
compensation shall be payable by reason of the preceding sentence for
any week beginning after October 14, 2003.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat.
21).
SEC. 3. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED
UNEMPLOYMENT COMPENSATION.
Paragraph (1) of section 203(b) of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat.
21) is amended to read as follows:
``(1) In general.--The amount established in an account
under subsection (a) shall be equal to 26 times the
individual's weekly benefit amount for the benefit year.''.
SEC. 4. APPLICATION OF REVISED RATE OF INSURED UNEMPLOYMENT.
Section 207 of the Temporary Extended Unemployment Compensation Act
of 2002 (Public Law 107-147; 116 Stat. 21) is amended--
(1) by striking ``In this title, the terms'' and inserting
the following: ``In this title:
``(1) General definitions.--The terms''; and
(2) by adding at the end the following new paragraph:
``(2) Adjusted insured unemployment rate.--For weeks of
unemployment beginning on or after the date of enactment of the
Emergency Unemployment Compensation Act of 2002, the term `rate
of insured unemployment' has the meaning given that term in
section 203(e)(1) of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note), except that
individuals exhausting their right to regular compensation
during the most recent 3 calendar months for which data are
available before the close of the period for which such rate is
being determined shall be taken into account as if they were
individuals filing claims for regular compensation for each
week during the period for which such rate is being
determined.''.
SEC. 5. ADDITIONAL TEUC EXTENDED BENEFIT PERIOD TRIGGER.
(a) In General.--Section 203(c) of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat.
21) is amended by adding at the end the following new paragraph:
``(3) Additional extended benefit period trigger.--
``(A) In general.--Effective with respect to
compensation for weeks of unemployment beginning on or
after the date of enactment of the Emergency
Unemployment Compensation Act of 2002, an agreement
under this title shall provide that, in addition to any
other extended benefit period trigger, for purposes of
beginning or ending any extended benefit period under
this section--
``(i) there is a State `on' indicator for a
week if--
``(I) the average rate of total
unemployment in such State (seasonally
adjusted) for the period consisting of
the most recent 3 months for which data
for all States are published before the
close of such week equals or exceeds 6
percent; and
``(II) the average rate of total
unemployment in such State (seasonally
adjusted) for the 3-month period
referred to in clause (i) equals or
exceeds 110 percent of such average
rate for either (or both) of the
corresponding 3-month periods ending in
the 2 preceding calendar years; and
``(ii) there is a State `off' indicator for
a week if either the requirements of subclause
(I) or (II) of clause (i) are not satisfied.
``(B) No effect on other determinations.--
Notwithstanding the provisions of any agreement
described in subparagraph (A), any week for which there
would otherwise be a State `on' indicator shall
continue to be such a week and shall not be determined
to be a week for which there is a State `off'
indicator.
``(C) Determinations made by the secretary.--For
purposes of this subsection, determinations of the rate
of total unemployment in any State for any period (and
of any seasonal adjustment) shall be made by the
Secretary.''.
(b) Conforming Amendment.--Section 203(c)(1) of the Temporary
Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116
Stat. 21) is amended by inserting ``or (3)'' after ``paragraph (2)''.
SEC. 6. ADDITIONAL WEEKS OF BENEFITS FOR WORKERS IN HIGH UNEMPLOYMENT
STATES.
Section 203(c)(1) of the Temporary Extended Unemployment
Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30) is amended
by striking ``an amount equal to the amount originally established in
such account (as determined under subsection (b)(1))'' and inserting
``7 times the individual's weekly benefit amount for the benefit
year''.
SEC. 7. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by
this Act shall apply with respect to weeks of unemployment beginning on
or after the date of enactment this Act. | Emergency Unemployment Compensation Act of 2002 - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA, which is title II of the Job Creation and Worker Assistance Act of 2002, PL107-147) to extend the TEUCA program through weeks of unemployment ending before July 1, 2003 (currently January 1, 2003).Entitles eligible individuals in all States to a total of 26 weeks of TEUCA compensation (13 weeks beyond the current 13 weeks).Provides an additional seven weeks of TEUCA benefits for workers in high unemployment States (entitling them to a total of 33, which is 20 weeks beyond the current 13).Applies a revised adjusted insured unemployment rate State trigger. Sets an additional TEUCA benefit period State trigger based on total unemployment rate. | A bill to provide economic security for America's workers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earmark Elimination Act of 2018''.
SEC. 2. PROHIBITING CONSIDERATION OF LEGISLATION CONTAINING EARMARKS.
(a) Prohibition.--
(1) In general.--It shall not be in order in the House of
Representatives to consider any bill, joint resolution,
amendment, or conference report if the bill, joint resolution,
amendment, or conference report, or any accompanying report or
joint explanatory statement of managers, includes a
congressional earmark, limited tax benefit, or limited tariff
benefit.
(2) Procedure.--If a point of order is raised under
paragraph (1) with respect to a congressional earmark, limited
tax benefit, or limited tariff benefit and the point of order
is sustained, the congressional earmark, limited tax benefit,
or limited tariff benefit shall be deemed to be stricken from
the measure involved.
(3) Special procedure for conference report and amendments
between the houses.--
(A) In general.--If a point of order is raised and
sustained under paragraph (1) with respect to a
conference report or a motion that the House recede
from its disagreement to a Senate amendment and concur
therein, with or without amendment, then after
disposition of all such points of order the conference
report or motion, as the case may be, shall be
considered as rejected and the matter remaining in
disagreement shall be disposed of under subparagraph
(B) or (C), as the case may be.
(B) Conference reports.--After the House has
sustained one or more points of order under paragraph
(1) with respect to a conference report--
(i) if the conference report accompanied a
House measure amended by the Senate, the
pending question shall be whether the House
shall recede and concur in the Senate amendment
with an amendment consisting of so much of the
conference report as was not rejected; and
(ii) if the conference report accompanied a
Senate measure amended by the House, the
pending question shall be whether the House
shall insist further on the House amendment.
(C) Motions.--After the House has sustained one or
more points of order under paragraph (1) with respect
to a motion that the House recede and concur in a
Senate amendment, with or without amendment, the
following motions shall be privileged and shall have
precedence in the order stated:
(i) A motion that the House recede and
concur in the Senate amendment with an
amendment in writing then available on the
floor.
(ii) A motion that the House insist on its
disagreement to the Senate amendment and
request a further conference with the Senate.
(iii) A motion that the House insist on its
disagreement to the Senate amendment.
(b) Determination by House.--If a point of order is raised under
this section and the Chair is unable to ascertain whether a provision
constitutes a congressional earmark, limited tax benefit, or limited
tariff benefit, the Chair shall put the question to the House and the
question shall be decided without debate or intervening motion.
(c) Conforming Amendment.--Rule XXI of the Rules of the House of
Representatives is amended by striking clause 9.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``congressional earmark'' means a provision or
report language included primarily at the request of a Member,
Delegate, Resident Commissioner, or Senator providing,
authorizing or recommending a specific amount of discretionary
budget authority, credit authority, or other spending authority
for a contract, loan, loan guarantee, grant, loan authority, or
other expenditure with or to an entity, or targeted to a
specific State, locality or congressional district, other than
through a statutory or administrative formula-driven or
competitive award process;
(2) the term ``limited tax benefit'' means--
(A) any revenue-losing provision that--
(i) provides a Federal tax deduction,
credit, exclusion, or preference to 10 or fewer
beneficiaries under the Internal Revenue Code
of 1986; and
(ii) contains eligibility criteria that are
not uniform in application with respect to
potential beneficiaries of such provision; or
(B) any Federal tax provision which provides one
beneficiary temporary or permanent transition relief
from a change to the Internal Revenue Code of 1986; and
(3) the term ``limited tariff benefit'' means a provision
modifying the Harmonized Tariff Schedule of the United States
in a manner that benefits 10 or fewer entities. | Earmark Elimination Act of 2018 This bill establishes a point of order in the House of Representatives against considering legislation that contains a congressional earmark, limited tax benefit, or limited tariff benefit, as defined by the bill. If the point of order is successfully raised and sustained, the congressional earmark, limited tax benefit, or limited tariff benefit shall be deemed to be stricken from the legislation. | Earmark Elimination Act of 2018 |
SECTION 1. TIPS RECEIVED FOR CERTAIN SERVICES NOT SUBJECT TO INCOME OR
EMPLOYMENT TAXES.
(a) In General.--Section 102 of the Internal Revenue Code of 1986
(relating to gifts and inheritances) is amended by adding at the end
the following new subsection:
``(d) Tips Received for Certain Services.--
``(1) In general.--For purposes of subsection (a), tips
received by an individual for qualified services performed by
such individual shall be treated as property transferred by
gift.
``(2) Qualified services.--For purposes of this subsection,
the term `qualified services' means cosmetology, hospitality
(including lodging and food and beverage services), recreation,
taxi, newspaper deliveries and shoe shine services.
``(3) Annual limit.--The amount excluded from gross income
for the taxable year by reason of paragraph (1) with respect to
each service provider shall not exceed $10,000.
``(4) Employee taxable on at least minimum wage.--Paragraph
(1) shall not apply to tips received by an employee during any
month to the extent that such tips--
``(A) are deemed to have been paid by the employer
to the employee pursuant to section 3121(q) (without
regard to whether such tips are reported under section
6053), and
``(B) do not exceed the excess of--
``(i) the minimum wage rate applicable to
such individual under section 6(a)(1) of the
Fair Labor Standards Act of 1938 (determined
without regard to section 3(m) of such Act),
over
``(ii) the amount of the wages (excluding
tips) paid by the employer to the employee
during such month.
``(5) Tips.--For purposes of this title, the term `tips'
means a gratuity paid by an individual for services performed
for such individual (or for a group which includes such
individual) by another individual if such services are not
provided pursuant to an employment or similar contractual
relationship between such individuals.''.
(b) Exclusion From Social Security Taxes.--
(1) Paragraph (12) of section 3121(a) of such Code is
amended to read as follows:
``(12)(A) tips paid in any medium other than cash;
``(B) cash tips received by an employee in any calendar
month in the course of his employment by an employer unless the
amount of such cash tips is $20 or more and then only to the
extent includible in gross income after the application of
section 102(d);''.
(2) Paragraph (10) of section 209(a) of the Social Security
Act is amended to read as follows:
``(10)(A) tips paid in any medium other than cash;
``(B) cash tips received by an employee in any calendar
month in the course of his employment by an employer unless the
amount of such cash tips is $20 or more and then only to the
extent includible in gross income after the application of
section 102(d) of the Internal Revenue Code of 1986 for such
month;''.
(3) Paragraph (3) of section 3231(e) of such Code is
amended to read as follows:
``(3) Solely for purposes of the taxes imposed by section
3201 and other provisions of this chapter insofar as they
relate to such taxes, the term `compensation' also includes
cash tips received by an employee in any calendar month in the
course of his employment by an employer if the amount of such
cash tips is $20 or more and then only to the extent includible
in gross income after the application of section 102(d).''.
(c) Exclusion From Unemployment Compensation Taxes.--Subsection (s)
of section 3306 of such Code is amended to read as follows:
``(s) Tips Not Treated as Wages.--For purposes of this chapter, the
term `wages' shall include tips received in any month only to the
extent includible in gross income after the application of section
102(d) for such month.''.
(d) Exclusion From Wage Withholding.--Paragraph (16) of section
3401(a) of such Code is amended to read as follows:
``(16)(A) as tips in any medium other than cash;
``(B) as cash tips to an employee in any calendar month in
the course of his employment by an employer unless the amount
of such cash tips is $20 or more and then only to the extent
includible in gross income after the application of section
102(d);''.
(e) Conforming Amendment.--Sections 32(c)(2)(A)(i) and 220(b)(4)(A)
of such Code are each amended by striking ``tips'' and inserting ``tips
(to the extent includible in gross income after the application of
section 102(d))''.
(f) Effective Date.--The amendments made by this section shall
apply to tips received after the calendar month which includes the date
of the enactment of this Act. | Amends the Internal Revenue Code to treat the first $10,000 of tips received for cosmetology, hospitality (including lodging and food and beverage services), recreation, taxi, newspaper delivery, and shoe shine services as property transferred by gift, thus exempting such tips from income, employment, and unemployment taxation and from wage withholding. | To amend the Internal Revenue Code of 1986 to provide that tips received for certain services shall not be subject to income or employment taxes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assistant United States Attorneys
Retirement Benefit Equity Act of 1998''.
SEC. 2. TREATMENT OF ASSISTANT UNITED STATES ATTORNEYS.
(a) Civil Service Retirement System.--
(1) Inclusion in definition of a law enforcement officer.--
Paragraph (20) of section 8331 of title 5, United States Code,
is amended by adding at the end the following: ``such term
includes an Assistant United States Attorney;''.
(2) Definition of an assistant united states attorney.--
Section 8331 of title 5, United States Code, is amended by
striking ``and'' at the end of paragraph (25), by striking the
period at the end of paragraph (26) and inserting ``; and'',
and by adding after paragraph (26) the following:
``(27) `Assistant United States Attorney' means an
assistant United States attorney appointed under section 542 of
title 28.''.
(b) Federal Employees' Retirement System.--
(1) Inclusion in definition of a law enforcement officer.--
Paragraph (17) of section 8401 of title 5, United States Code,
is amended by striking ``and'' at the end of subparagraph (C),
by adding ``and'' after the semicolon at the end of
subparagraph (D), and by adding after subparagraph (D) the
following:
``(E) an Assistant United States Attorney;''.
(2) Definition of an assistant united states attorney.--
Section 8401 of title 5, United States Code, is amended by
striking ``and'' at the end of paragraph (31), by striking the
period at the end of paragraph (32) and inserting ``; and'',
and by adding after paragraph (32) the following:
``(33) `Assistant United States Attorney' means an
assistant United States attorney appointed under section 542 of
title 28.''.
(c) Effective Date.--Except as otherwise provided in section 3,
this Act and the amendments made by this Act shall take effect on the
first day of the first applicable pay period beginning after the
expiration of the 90-day period beginning on the date of enactment of
this Act.
SEC. 3. PROVISIONS RELATING TO INCUMBENTS.
(a) Incumbent Defined.--For purposes of this section, the term
``incumbent'' means an individual first appointed as an Assistant
United States Attorney before the effective date of this Act who is
serving in that capacity on such effective date.
(b) Notice Requirement.--Not later than 6 months after the
effective date of this Act, the Department of Justice shall take
measures reasonably designed to provide notice to incumbents as to
their election rights under this Act, and the consequences of making or
not making a timely election.
(c) Election Available to Incumbents.--
(1) In general.--An incumbent may elect, for all purposes,
either--
(A) to be treated in accordance with the amendments
made by this Act; or
(B) to be treated in the same way as if this Act
had never been enacted.
Failure to make a timely election under this subsection shall
be treated in the same way as an election under subparagraph
(A) made on the last day allowable under paragraph (2).
(2) Deadline.--An election under this subsection shall not
be effective unless it is made before the 90th day after the
date on which the notice under subsection (b) is provided or
the date on which the incumbent involved separates from
service, whichever is earlier.
(3) Interim status.--Notwithstanding any other provision of
this Act, no change in the retirement coverage of any incumbent
shall occur, by reason of the enactment of this Act, before the
date on which an election under paragraph (1)(A) is made (or
deemed to have been made).
(d) Retroactive Effect.--In the case of any incumbent who elects
(or is deemed to have elected) the option under subsection (c)(1)(A),
all service performed by such individual as an Assistant United States
Attorney shall--
(1) to the extent performed on or after the effective date
of that election, be treated in accordance with applicable
provisions of chapter 83 or 84 of title 5, United States Code,
as amended by this Act; and
(2) to the extent performed before the effective date of
that election, be treated in accordance with applicable
provisions of chapter 83 or 84 of such title, as if the
amendments made by this Act had then been in effect.
(e) Makeup Contributions.--
(1) In general.--In addition to any other payment that it
is required to make under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code--
(A) the Department of Justice shall remit to the
Office of Personnel Management, in such time, form, and
manner as the Office may require, the amount described
in paragraph (2); and
(B) any amount so remitted shall be deposited in
the Treasury of the United States to the credit of the
Civil Service Retirement and Disability Fund.
(2) Amount to be remitted.--The amount described in this
paragraph is the total amount of additional individual and
Government contributions to the Civil Service Retirement and
Disability Fund that would have been required (for all
incumbents described in subsection (d), for all service
performed by them as an Assistant United States Attorney before
the effective date of their election under subsection (c)), if
the amendments made by this Act had then been in effect, plus
interest.
(3) No individual liability.--Nothing in this Act or in
chapter 83 or 84 of title 5, United States Code (as amended by
this Act) shall be considered to create any individual
liability for any shortfall in any contributions required to be
made up in the manner provided for under this subsection.
(f) Regulations.--The Office of Personnel Management shall
prescribe any regulations necessary to carry out this Act, including
provisions under which any interest due on the amount described in
subsection (e) shall be determined.
(g) Definition.--For purposes of this section, the term ``Assistant
United States Attorney'' means an assistant United States attorney
appointed under section 542 of title 28, United States Code. | Assistant United States Attorneys Retirement Benefit Equity Act of 1998 - Makes applicable to Assistant United States Attorneys the provisions of the Civil Service Retirement System and the Federal Employees Retirement System that apply to law enforcement officers.
Directs the Department of Justice to provide notice to incumbent Assistant U.S. Attorneys of their election rights under this Act and the consequences of making or not making a timely election. Allows such incumbents to elect the option to be treated either: (1) in accordance with the amendments made by this Act; or (2) in the same way as if this Act had never been enacted. Treats failure to make a timely election in the same way as an election made under the first option on the last day allowable. Makes an election ineffective unless it is made before the 90th day after the date on which the notice is provided or the date on which the incumbent separates from service, whichever is earlier. Applies the amendments made by this Act retroactively in the case of any incumbent who elects the first option and provides for makeup contributions. | Assistant United States Attorneys Retirement Benefit Equity Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Telephone Records
Protection Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) customer telephone records may be accessed without
authorization of the customer by--
(A) an employee of the telephone company selling
the data;
(B) ``pretexting'', whereby a data broker or other
person pretends to be the owner of the phone and
convinces the telephone company's employees to release
the data to them; or
(C) unauthorized access of accounts via the
Internet; and
(2) because telephone companies encourage customers to
manage their accounts online, many set up the online capability
in advance. Many customers never access their Internet
accounts, however. If someone seeking the information activates
the account before the customer, he or she can gain unfettered
access to the telephone records and call logs of that customer.
SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN CONNECTION WITH
OBTAINING CONFIDENTIAL PHONE RECORDS INFORMATION OF A
COVERED ENTITY.
(a) Prohibition on Obtaining Confidential Phone Records Information
Under False Pretenses.--It shall be unlawful for any person in
interstate or foreign commerce to knowingly and intentionally obtain,
or attempt to obtain, confidential phone records information of a
covered entity, by--
(1) making false or fraudulent statements or
representations to an employee of a covered entity;
(2) making such false or fraudulent statements or
representations to a customer of a covered entity;
(3) providing a document to a covered entity knowing that
such document is false or fraudulent; or
(4) accessing customer accounts of a covered entity via the
Internet, or by means of conduct that violates section 1030 of
this title, without prior authorization from the customer to
whom such confidential phone records information relates.
(b) Prohibition on Sale or Transfer of Confidential Phone Records
Information.--
(1) Except as otherwise permitted by applicable law, it
shall be unlawful for any person in interstate or foreign
commerce to knowingly and intentionally sell or transfer, or
attempt to sell or transfer, confidential phone records
information of a covered entity, without prior authorization
from the customer to whom such confidential phone records
information relates, or knowing or having reason to know such
information was obtained fraudulently.
(2) For purposes of this subsection, the exceptions
specified in section 222(d) of the Communications Act of 1934
(47 U.S.C. 222(d)) shall apply for the use of confidential
phone records information by any covered entity, as defined in
section 7.
(c) Prohibition on Purchase or Receipt of Confidential Phone
Records Information.--
(1) Except as otherwise permitted by applicable law, it
shall be unlawful for any person in interstate or foreign
commerce to knowingly and intentionally purchase or receive, or
attempt to purchase or receive, confidential phone records
information of a covered entity, without prior authorization
from the customer to whom such confidential phone records
information relates, or knowing or having reason to know such
information was obtained fraudulently.
(2) For purposes of this subsection, the exceptions
specified in section 222(d) of the Communications Act of 1934
(47 U.S.C. 222(d)) shall apply for the use of confidential
phone records information by any covered entity, as defined in
section 7.
SEC. 4. NONAPPLICABILITY TO LAW ENFORCEMENT AGENCIES.
Section 3 shall not prohibit any lawfully authorized investigative,
protective, or intelligence activity of a law enforcement agency of the
United States, a State, or political subdivision of a State, or of an
intelligence agency of the United States.
SEC. 5. TELECOMMUNICATIONS CARRIER NOTIFICATION REQUIREMENT.
Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is
amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Notice of Violations.--The Commission shall by regulation
require each telecommunications carrier to notify the customer of any
incidents in which such telecommunications carrier becomes or is made
aware in which customer proprietary network information relating to
such customer is disclosed to someone other than the customer in
violation of this section or section 3 of the Consumer Telephone
Records Protection Act of 2006.''.
SEC. 6. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
A violation of section 3 shall be treated as an unfair or deceptive
act or practice in violation of section 5 of the Federal Trade
Commission Act (15 U.S.C. 45). All of the functions and powers of the
Federal Trade Commission under that Act are available to the Commission
to enforce compliance by any person with such section, irrespective of
whether that person is engaged in commerce or meets any other
jurisdictional tests in the Federal Trade Commission Act, including the
power to enforce the provisions of such section in the same manner as
if the violation had been a violation of a Federal Trade Commission
trade regulation rule.
SEC. 7. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Confidential phone records information.--The term
``confidential phone records information'' means information
that--
(A) relates to the quantity, technical
configuration, type, destination, location, or amount
of use of a service offered by a covered entity,
subscribed to by any customer of that covered entity,
and kept by or on behalf of that covered entity solely
by virtue of the relationship between that covered
entity and the customer;
(B) is made available to a covered entity by a
customer solely by virtue of the relationship between
that covered entity and the customer; or
(C) is contained in any bill, itemization, or
account statement provided to a customer by or on
behalf of a covered entity solely by virtue of the
relationship between that covered entity and the
customer.
(2) Covered entity.--The term ``covered entity''--
(A) has the same meaning given the term
``telecommunications carrier'' in section 3 of the
Communications Act of 1934 (47 U.S.C. 153); and
(B) includes any provider of IP-enabled voice
service.
(3) Customer.--The term ``customer'' means, with respect to
a covered entity, any individual, partnership, association,
joint stock company, trust, or corporation, or authorized
representative of such customer, to whom the covered entity
provides a product or service.
(4) IP-enabled voice service.--The term ``IP-enabled voice
service'' means the provision of real-time voice communications
offered to the public, or such class of users as to be
effectively available to the public, transmitted through
customer premises equipment using TCP/IP protocol, or a
successor protocol, (whether part of a bundle of services or
separately) with interconnection capability such that the
service can originate traffic to, or terminate traffic from,
the public switched telephone network, or a successor network. | Consumer Telephone Records Protection Act of 2007 - Makes it unlawful for any person in interstate commerce to knowingly and intentionally: (1) obtain confidential phone records information under false pretenses; (2) sell or transfer confidential phone records information without prior authorization from the customer; and (3) receive or purchase confidential phone records information. Provides for Federal Trade Commission (FTC) enforcement of such provisions.
Makes such provisions inapplicable to law enforcement agencies.
Amends the Communications Act of 1934 to require a telecommunication carrier to notify a customer of any incidents in which proprietary network information relating to such customer is disclosed to someone other than the customer. | To prohibit the obtaining of customer information from telecommunications carriers by false pretenses, and the sale or disclosure of such records obtained by false pretenses. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recognition of Jerusalem as the
Capital of the State of Israel Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) For more than 3,000 years, the Jewish people have
maintained a continuous connection and presence in the land of
Israel and their eternal and indivisible capital city of
Jerusalem.
(2) The State of Israel was established on May 14, 1948, in
the wake of World War II in order to serve as a homeland and
place of refuge for the Jewish people.
(3) From 1948 to 1967, Jerusalem was a divided city and not
all Israeli citizens of all faiths were entitled to visit the
holy sites, and Jews from other countries were restricted in
their access to holy sites in the area controlled by Jordan. In
1967, the city of Jerusalem was reunited during the conflict
known as the Six Day War, and since 1967, Jerusalem has been a
unified city administered by Israel, and persons of all faiths
have been guaranteed full access to the holy sites within the
city.
(4) On July 31, 1988, Jordan relinquished its disputed
sovereignty claims to Judea and Samaria and East Jerusalem, and
therefore sovereign claims to these areas remain ``disputed'',
not ``occupied''.
(5) In 1990, Congress unanimously adopted Senate Concurrent
Resolution 106, which declares that Congress ``strongly
believes that Jerusalem must remain an undivided city in which
the rights of every ethnic religious group are protected''.
(6) In 1995, Congress overwhelmingly approved the Jerusalem
Embassy Act (Public Law 104-45), requiring the establishment of
the United States Embassy in Jerusalem not later than May 31,
1999.
(7) The United States maintains its embassy in the
functioning capital in every country except in the State of
Israel.
(8) Israel has far exceeded the 1907 Hague Regulation as
directed by international law. Israel has taken all measures to
restore and ensure public order and safety in Jerusalem.
(9) Jerusalem has been far safer and more protected under
Israel's administration than under any previous authorities.
(10) Civil life is entirely present in Jerusalem, and all
government institutions and related frameworks are also
present, including the Knesset, the Bank of Israel, the
Ministry of Foreign Affairs, the Prime Minister's and
President's offices, and the Supreme Court.
SEC. 3. RECOGNITION OF JERUSALEM AS THE CAPITAL OF ISRAEL AND
RELOCATION OF THE UNITED STATES EMBASSY FROM TEL AVIV TO
JERUSALEM.
(a) Policy.--It is the policy of the United States to recognize
Jerusalem as the undivided capital of the State of Israel, both de jure
and de facto.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should recognize the sovereign status
of an undivided Jerusalem as the capital of the State of
Israel;
(2) recognizing Jerusalem as the capital of Israel and
transferring the United States Embassy to Jerusalem from Tel
Aviv will send a signal of United States commitment and resolve
to Israel;
(3) the President and the Secretary of State should
publicly affirm as a matter of United States policy that
Jerusalem must remain the undivided capital of the State of
Israel;
(4) the President should immediately implement the
provisions of the Jerusalem Embassy Act of 1995 (Public Law
104-45), as amended by section 4 of this Act, and begin the
process of relocating the United States Embassy in Israel to
Jerusalem; and
(5) United States officials should refrain from any actions
that contradict United States law on this subject.
(c) Identification of Jerusalem on Government Documents.--
Notwithstanding any other provision of law, any official document of
the United States Government which lists countries and their capital
cities shall identify Jerusalem as the capital of Israel.
(d) Relocation.--Not later than January 1, 2019, the President
shall relocate the United States Embassy in Israel to Jerusalem.
SEC. 4. AMENDMENT TO THE JERUSALEM EMBASSY ACT OF 1995.
(a) Repeal.--Subject to subsection (b) of this section, section 7
of the Jerusalem Embassy Act of 1995 is repealed.
(b) Effective Date.--The repeal specified in subsection (a) shall
take effect on January 1, 2018.
(c) Redesignation.--At the time of the repeal specified in
subsection (a), section 8 of the Jerusalem Embassy Act of 1995 shall be
redesignated as section 7.
SEC. 5. IMPLEMENTATION REPORT.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of State shall submit to Congress a report that--
(1) details the Department of State's plan to implement
this Act;
(2) includes estimated dates of completion for each phase
of the establishment of the United States Embassy in Jerusalem,
including--
(A) site identification;
(B) land acquisition;
(C) architectural, engineering, and construction
surveys;
(D) site preparation; and
(E) construction; and
(3) includes an estimate of the funding needed to implement
this Act, including all costs associated with establishing the
United States Embassy in Jerusalem. | Recognition of Jerusalem as the Capital of the State of Israel Act This bill states that it is U.S. policy to recognize Jerusalem as the undivided capital of Israel. The bill expresses the sense of Congress that: (1) the United States should recognize the sovereign status of an undivided Jerusalem as Israel's capital, (2) recognizing Jerusalem as Israel's capital and transferring the U.S. Embassy to Jerusalem from Tel Aviv will signal U.S. commitment to Israel, (3) the President and the Department of State should affirm as a matter of U.S. policy that Jerusalem must remain Israel's undivided capital, (4) the President should implement the provisions of the Jerusalem Embassy Act of 1995 and begin the process of relocating the U.S. Embassy in Israel to Jerusalem, and (5) U.S. officials should refrain from actions that contradict U.S. law on this subject. The bill states that any official U.S. government document that lists countries and their capital cities should identify Jerusalem as Israel's capital. The President shall relocate the U.S. Embassy in Israel to Jerusalem by January 1, 2019. The Jerusalem Embassy Act of 1995 is amended to eliminate the President's authority, effective January, 1, 2018, to waive certain funding limitations for State Department acquisition and maintenance of buildings abroad until the U.S. Embassy in Jerusalem has officially opened. | Recognition of Jerusalem as the Capital of the State of Israel Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Tax Deduction Act of
2001''.
SEC. 2. DEDUCTION FOR HEALTH INSURANCE AND PRESCRIPTION DRUG COSTS OF
INDIVIDUALS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 222
as section 223 and by inserting after section 221 the following new
section:
``SEC. 222. HEALTH INSURANCE AND PRESCRIPTION DRUG COSTS.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the sum of the amount paid
during the taxable year for--
``(1) insurance which constitutes medical care for the
taxpayer and the taxpayer's spouse and dependents, plus
``(2) unreimbursed prescription drug expenses paid by the
taxpayer for the taxpayer and the taxpayer's spouse and
dependents.
``(b) Limitations and Special Rules.--
``(1) Employer contributions to cafeteria plans, flexible
spending arrangements, and medical savings accounts.--Employer
contributions to a cafeteria plan, a flexible spending or
similar arrangement, or a medical savings account which are
excluded from gross income under section 106 shall be treated
for purposes of subsection (a) as paid by the employer.
``(2) Deduction not available for payment of ancillary
coverage premiums.--Any amount paid as a premium for insurance
which provides for--
``(A) coverage for accidents, disability, dental
care, vision care, or a specified illness, or
``(B) making payments of a fixed amount per day (or
other period) by reason of being hospitalized,
shall not be taken into account under subsection (a).
``(3) Coordination with deduction for health insurance and
prescription drug costs of self-employed individuals.--The
amount taken into account by the taxpayer in computing the
deduction under section 162(l) shall not be taken into account
under this section.
``(4) Coordination with medical expense deduction.--The
amount taken into account by the taxpayer in computing the
deduction under this section shall not be taken into account
under section 213.
``(c) Definitions.--For purposes of this section--
``(1) Medical care.--
``(A) In general.--The term `medical care' has the
meaning given such term by section 213(d) without
regard to--
``(i) paragraph (1)(C) thereof, and
``(ii) so much of paragraph (1)(D) thereof
as relates to qualified long-term care
insurance contracts.
``(B) Exclusion of certain other contracts.--The
term `medical care' shall not include insurance if a
substantial portion of its benefits are excepted
benefits (as defined in section 9832(c)).
``(2) Unreimbursed prescription drug expenses.--The term
`unreimbursed prescription drug expenses' means amounts paid or
incurred for a prescribed drug (as defined by section
213(d)(3)) the cost of which to the taxpayer is not reimbursed
by insurance or otherwise.
``(d) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section.''.
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (17) the following new item:
``(18) Health insurance and prescription drug costs.--The
deduction allowed by section 222.''.
(c) Clerical Amendments.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following new items:
``Sec. 222. Health insurance and
prescription drug costs.
``Sec. 223. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 3. DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE AND PRESCRIPTION
DRUG COSTS OF SELF-EMPLOYED INDIVIDUALS.
(a) In General.--Paragraph (1) of section 162(l) of the Internal
Revenue Code of 1986 (relating to general rule for allowance of
deduction for health insurance costs of self-employed individuals) is
amended to read as follows:
``(1) Allowance of deduction.--In the case of an individual
who is an employee within the meaning of section 401(c)(1),
there shall be allowed as a deduction under this section an
amount equal to the sum of--
``(A) 100 percent of the amount paid during the
taxable year for insurance which constitutes medical
care for the taxpayer and the taxpayer's spouse and
dependents, plus
``(B) unreimbursed prescription drug expenses
(within the meaning of section 222(c)(2)) paid during
the taxable year by the taxpayer for the taxpayer and
the taxpayer's spouse and dependents.''.
(b) Clarification of Limitations on Other Coverage.--The first
sentence of section 162(l)(2)(B) of such Code is amended to read as
follows: ``Paragraph (1) shall not apply to any taxpayer for any
calendar month for which the taxpayer participates in any subsidized
health plan maintained by any employer (other than an employer
described in section 401(c)(4)) of the taxpayer or the spouse of the
taxpayer.''.
(c) Clerical Amendment.--The heading for section 162(l) of such
Code is amended by inserting ``and Prescription Drug'' after
``Insurance''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Health Care Tax Deduction Act of 2001 - Amends the Internal Revenue Code to allow all individuals a deduction (not subject to the 7.5 percent medical deduction limitation) for amounts paid for qualifying health insurance and unreimbursed prescription drugs on behalf of the taxpayer, spouse, and dependents.Provides self-employed individuals not otherwise covered with 100 percent coverage for health insurance and unreimbursed prescription drug costs on behalf of the taxpayer, spouse, and dependents.Coordinates such deductions with existing individual and self-employed medical deduction provisions. | To amend the Internal Revenue Code of 1986 to allow a deduction for amounts paid for health insurance and prescription drug costs of individuals. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Students from Sexual and
Violent Predators Act''.
SEC. 2. BACKGROUND CHECKS.
(a) Background Checks.--Not later than 2 years after the date of
enactment of this Act, each State educational agency, or local
educational agency in the case of a local educational agency designated
under State law, that receives funds under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) shall have in effect
policies and procedures that--
(1) require that a criminal background check be conducted
for each school employee that includes--
(A) a search of the State criminal registry or
repository of the State in which the school employee
resides;
(B) a search of State-based child abuse and neglect
registries and databases of the State in which the
school employee resides;
(C) a Federal Bureau of Investigation fingerprint
check using the Integrated Automated Fingerprint
Identification System; and
(D) a search of the National Sex Offender Registry
established under section 119 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16919);
(2) prohibit the employment of a school employee as a
school employee if such employee--
(A) refuses to consent to a criminal background
check under paragraph (1);
(B) makes a false statement in connection with such
criminal background check;
(C) has been convicted of a felony consisting of--
(i) murder;
(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 on or after the
date that is 5 years before the date of such
employee's criminal background check under
paragraph (1); or
(D) has been convicted of any other crime that is a
violent or sexual crime against a minor;
(3) require that each criminal background check conducted
under paragraph (1) be periodically repeated or updated in
accordance with State law or the policies of local educational
agencies served by the State educational agency;
(4) upon request, provide each school employee who has had
a criminal background check under paragraph (1) with a copy of
the results of the criminal background check;
(5) provide for a timely process, by which a school
employee may appeal, but which does not permit the employee to
be employed as a school employee during such appeal, the
results of a criminal background check conducted under
paragraph (1) which prohibit the employee from being employed
as a school employee under paragraph (2) to--
(A) challenge the accuracy or completeness of the
information produced by such criminal background check;
and
(B) establish or reestablish eligibility to be
hired or reinstated as a school employee by
demonstrating that the information is materially
inaccurate or incomplete, and has been corrected;
(6) ensure that such policies and procedures are published
on the website of the State educational agency and the website
of each local educational agency served by the State
educational agency; and
(7) allow a local educational agency to share the results
of a school employee's criminal background check recently
conducted under paragraph (1) with another local educational
agency that is considering such school employee for employment
as a school employee.
(b) Fees for Background Checks.--
(1) Charging of fees.--The Attorney General, attorney
general of a State, or other State law enforcement official may
charge reasonable fees for conducting a criminal background
check under subsection (a)(1), but such fees shall not exceed
the actual costs for the processing and administration of the
criminal background check.
(2) Administrative funds.--A local educational agency or
State educational agency may use administrative funds received
under the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) to pay any reasonable fees charged for
conducting such criminal background check.
(c) Definitions.--In this Act:
(1) In general.--The terms ``elementary school'',
``secondary school'', ``local educational agency'', ``State'',
and ``State educational agency'' have the meanings given the
terms in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(2) School employee.--The term ``school employee'' means--
(A) a person who--
(i) is an employee of, or is seeking
employment with, a local educational agency, or
State educational agency, that receives Federal
funds under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.);
and
(ii) as a result of such employment, has
(or will have) a job duty that results in
unsupervised access to elementary school or
secondary school students; or
(B)(i) any person, or an employee of any person,
who has a contract or agreement to provide services
with an elementary school, secondary school, local
educational agency, or State educational agency, that
receives Federal funds under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.); and
(ii) such person or employee, as a result of such
contract or agreement, has a job duty that results in
unsupervised access to elementary school or secondary
school students. | Protecting Students from Sexual and Violent Predators Act This bill requires a state or local educational agency (LEA) that receives funds under the Elementary and Secondary Education Act of 1965 to: require, for each school employee, a criminal background check that includes a search of specified registries and repositories; prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted of one of specified crimes; require background checks to be periodically repeated or updated in accordance with state law or LEA policies; provide a school employee with a timely process to appeal the results of a background check; ensure that such policies and procedures are published on state and LEA websites; and allow an LEA to share the results of a school employee's recent background check with another LEA that is considering that individual for employment. | Protecting Students from Sexual and Violent Predators Act |
SECTION 1. CONSOLIDATION OF LIFE INSURANCE COMPANIES WITH OTHER
COMPANIES PERMITTED.
(a) In General.--Section 1504(b) of the Internal Revenue Code of
1986 (defining includible corporation) is amended by striking paragraph
(2) and by redesignating paragraphs (3) through (8) as paragraphs (2)
through (7), respectively.
(b) Conforming Amendments.--
(1) Section 1503 of such Code is amended by striking
subsection (c) (relating to special rule for application of
certain losses against income of insurance companies taxed
under section 801) and by redesignating subsections (d), (e),
and (f) as subsections (b), (c), and (d), respectively.
(2) Section 1504 of such Code is amended by striking
subsection (c) and by redesignating subsections (d), (e), and
(f) as subsections (c), (d), and (e), respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
(d) Phase-In of Application of Certain Losses Against Income of
Insurance Companies.--For taxable years beginning after December 31,
2000, and before January 1, 2007--
(1) In general.--If--
(A) an affiliated group includes 1 or more domestic
insurance companies each of which is subject to tax
under section 801 of the Internal Revenue Code of 1986,
(B) the common parent of such group has elected to
treat all such companies as includible corporations,
and
(C) the consolidated taxable income of the members
of the group not taxed under such section 801 results
in a consolidated net operating loss for such taxable
year,
then, under regulations prescribed by the Secretary of the
Treasury or his delegate, the amount of such loss which cannot
be absorbed in the applicable carryback periods against the
taxable income of such members not taxed under such section 801
shall be taken into account in determining the consolidated
taxable income of the affiliated group for such taxable year to
the extent of the applicable percentage of such loss or the
applicable percentage of the taxable income of the members
taxed under such section 801, whichever is less. The unused
portion of such loss shall be available as a carryover, subject
to the same limitations (applicable to the sum of the loss for
the carryover year and the loss (or losses) carried over to
such year), in applicable carryover years.
(2) Applicable percentage.--For purposes of paragraph (1),
the applicable percentage shall be determined in accordance
with the following table:
For taxable years beginning in: The applicable percentage is:
2001................................................... 40
2002................................................... 50
2003................................................... 60
2004................................................... 70
2005................................................... 80
2006................................................... 90.
(e) Election for Pre-2007 Years of Groups With Insurance
Companies.--For taxable years beginning after December 31, 2000, and
before January 1, 2007, the common parent of an affiliated group which
includes 1 or more domestic insurance companies subject to tax under
section 801 of such Code may elect to treat all such insurance
companies as corporations which are not includible corporations within
the meaning of subsection (b) of section 1504 of such Code, if, as of
the date of the enactment of this section--
(1) such affiliated group included 1 or more insurance
companies subject to tax under section 801 of such Code, and
(2) no additional election was in effect under section
1504(c)(2) of such Code (as in effect on the day before the
date of the enactment of this Act).
(f) No Carryback Before January 1, 2001.--To the extent that a
consolidated net operating loss is allowed or increased by reason of
the amendments made by this section, such loss may not be carried back
to a taxable year beginning before January 1, 2001.
(g) Nontermination of Group.--No affiliated group shall terminate
solely as a result of the amendments made by this section.
(h) Subsidiary Stock Basis Adjustments.--A parent corporation's
basis in the stock of a subsidiary corporation shall be adjusted to
reflect the preconsolidation income, gain, deduction and loss incurred
during a period when such corporations were members of an affiliated
group (determined without regard to section 1504(b)(2) of such Code as
in effect on the day before the date of enactment of this Act) but were
not included in a consolidated return of such group by operation of
section 1504(c)(2)(A) of such Code (as in effect on the day before the
date of the enactment of this Act).
(i) Waiver of 5-Year Waiting Period.--Under regulations prescribed
by the Secretary of the Treasury or his delegate, an automatic waiver
from the 5-year waiting period for reconsolidation provided in section
1504(a)(3) of such Code shall be granted to any corporation which was
previously an includible corporation but was subsequently deemed a
nonincludible corporation as a result of becoming a subsidiary of a
corporation which was not an includible corporation solely by operation
of section 1504(c)(2) of such Code (as in effect on the day before the
date of the enactment of this Act). | Amends the Internal Revenue Code to include life insurance companies as an "includible corporation" for purposes of filing consolidated tax returns.Permits an affiliated group which includes at least one domestic insurance company that elects to file a consolidated return rather than pay tax under certain life insurance provisions to use a phased-in percentage of insurance company net operating loss in determining its own taxable income. (Permits unused loss carryover.)Provides for: (1) subsidiary stock basis adjustment; and (2) waiver of the five-year reconsolidation waiting period for certain formerly includible corporations which became nonincludible as a result of becoming a subsidiary of a nonincludible life insurance company. | A bill to amend the Internal Revenue Code of 1986 to permit the consolidation of life insurance companies with other companies. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Community Radio Act of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The passage of the Telecommunications Act of 1996 led
to increased ownership consolidation in the radio industry.
(2) At a hearing before the Senate Committee on Commerce,
Science, and Transportation, on June 4, 2003, all 5 members of
the Federal Communications Commission testified that there has
been, in at least some local radio markets, too much
consolidation.
(3) A commitment to localism--local operations, local
research, local management, locally-originated programming,
local artists, and local news and events--would bolster radio
listening.
(4) Local communities have sought to launch radio stations
to meet their local needs. However, due to the scarce amount of
spectrum available and the high cost of buying and running a
large station, many local communities are unable to establish a
radio station.
(5) In 2003, the average cost to acquire a commercial radio
station was more than $2,500,000.
(6) In January, 2000, the Federal Communications Commission
authorized a new, affordable community radio service called
``low-power FM'' or ``LPFM'' to ``enhance locally focused
community-oriented radio broadcasting''.
(7) Through the creation of LPFM, the Commission sought to
``create opportunities for new voices on the air waves and to
allow local groups, including schools, churches, and other
community-based organizations, to provide programming
responsive to local community needs and interests''.
(8) The Commission made clear that the creation of LPFM
would not compromise the integrity of the FM radio band by
stating, ``We are committed to creating a low-power FM radio
service only if it does not cause unacceptable interference to
existing radio service.''.
(9) Currently, FM translator stations can operate on the
second- and third-adjacent channels to full power radio
stations, up to an effective radiated power of 250 watts,
pursuant to part 74 of title 47, Code of Federal Regulations,
using the very same transmitters that LPFM stations will use.
The FCC based its LPFM rules on the actual performance of these
translators that already operate without undue interference to
FM stations. The actual interference record of these
translators is far more useful than any results that further
testing could yield.
(10) Small rural broadcasters were particularly concerned
about a lengthy and costly interference complaint process.
Therefore, in September, 2000, the Commission created a simple
process to address interference complaints regarding LPFM
stations on an expedited basis.
(11) In December, 2000, Congress delayed the full
implementation of LPFM until an independent engineering study
was completed and reviewed. This delay was due to some
broadcasters' concerns that LPFM service would cause
interference in the FM band.
(12) The delay prevented millions of Americans from having
a locally operated, community based radio station in their
neighborhood.
(13) Approximately 300 LPFM stations were allowed to
proceed despite the congressional action. These stations are
currently on the air and are run by local government agencies,
groups promoting arts and education to immigrant and indigenous
peoples, artists, schools, religious organizations,
environmental groups, organizations promoting literacy, and
many other civically-oriented organizations.
(14) After 2 years and the expenditure of $2,193,343 in
taxpayer dollars to conduct this study, the broadcasters'
concerns were demonstrated to be unsubstantiated.
SEC. 3. REPEAL OF PRIOR LAW.
Section 632 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law
106-553; 114 Stat. 2762A-111), is repealed.
SEC. 4. MINIMUM DISTANCE SEPARATION REQUIREMENTS.
The Federal Communications Commission shall modify its rules to
eliminate third-adjacent minimum distance separation requirements
between--
(1) low-power FM stations; and
(2) full-service FM stations, FM translator stations, and
FM booster stations.
SEC. 5. PROTECTION OF RADIO READING SERVICES.
The Federal Communications Commission shall retain its rules that
provide third-adjacent channel protection for full-power non-commercial
FM stations that broadcast radio reading services via a subcarrier
frequency from potential low-power FM station interference.
SEC. 6. ENSURING AVAILABILITY OF SPECTRUM FOR LPFM STATIONS.
The Federal Communications Commission when licensing FM translator
stations shall ensure--
(1) that licenses are available to both FM translator
stations and low-power FM stations; and
(2) that such decisions are made based on the needs of the
local community. | Local Community Radio Act of 2005 - Repeals provisions in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001, that required the Federal Communications Commission (FCC) to: (1) modify rules authorizing the operation of low-power FM radio stations to prescribe minimum distance separations for third-adjacent channels; (2) prohibit applicants who have engaged in the unlicensed operation of any station from obtaining a low-power FM license; and (3) conduct a program to test whether low-power FM radio stations will result in harmful interference to existing FM radio stations if minimum distance separations for third-adjacent channels are not required.
Requires the FCC to modify its rules to eliminate third-adjacent minimum distance separation requirements between specified stations.
Requires the FCC to retain rules that provide third-adjacent channel protection for full-power noncommercial FM stations that broadcast radio reading services via a subcarrier frequency from potential low-power FM station interference.
Requires the FCC when licensing FM translator stations to ensure: (1) that licenses are available to both FM translator stations and low-power FM stations; and (2) that such decisions are made based on the needs of the local community. | A bill to implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Lending and Credit
Availability Act of 1993''.
SEC. 2. LOAN GUARANTEES IN QUALIFIED STATES.
(a) Participation Authority.--Section 7(a) of the Small Business
Act (15 U.S.C. 636(a)) is amended by adding at the end the following
new paragraph:
``(22) Loan guarantees in `qualified states'.--
``(A) In general.--The Administration shall
participate in loans to small business concerns located
in qualified States on a guaranteed basis in accordance
with the provisions of this subsection, except as
otherwise specifically provided in this paragraph.
``(B) Guarantee amounts.--The Administration shall
participate in loans to small business concerns located
in qualified States on a guaranteed basis in an amount
equal to--
``(i) not less than 90 percent of the
balance of any loan outstanding at the time of
disbursement, if the loan is not less than
$200,000, nor more than $500,000; and
``(ii) not less than 95 percent of the
balance outstanding at the time of
disbursement, if such loan is less than
$200,000.
``(C) Temporary exemption from guarantee fees.--The
Administration may not collect a guarantee fee from the
lending institution or the borrower in connection with
participation in a loan on a guaranteed basis in
accordance with this paragraph during the first 2 years
of such participation. During the third, fourth, and
fifth years of participation, such fees may be
collected in an amount equal to not more than 1 percent
of the outstanding balance of the guaranteed amount.
The fee shall be payable by the participating lending
institution, and may be charged to the borrower.
``(D) In order to encourage lending institutions
and other entities making loans authorized under this
subsection to provide loans to small business concerns
located in qualified States, such lenders may retain
one-half of any fee collected pursuant to subparagraph
(C) on loans of not more than $200,000. A participating
lender may not retain any fee pursuant to this
subparagraph if the amount committed and outstanding to
the small business concern would be more than $200,000,
unless the amount in excess of $200,000 is an amount
that is not approved under the provisions of this
paragraph.
``(E) Definitions.--For purposes of this
paragraph--
``(i) the term `qualified State' means any
of the several States of the United States and
the District of Columbia if, during the 12-
month period preceding the date of enactment of
this paragraph--
``(I) not less than 1 insured
depository institution located in that
State having total assets of not less
than $100,000,000 has been closed due
to the inability to meet the demands of
depositors; or
``(II) not less than 2 insured
depository institutions located in that
State, having combined total assets of
not less than $150,000,000, have been
closed due to the inability to meet the
demands of depositors; and
``(ii) the term `insured depository
institution'--
``(I) has the same meaning as in
section 3 of the Federal Deposit
Insurance Act; and
``(II) includes an insured credit
union, as defined in section 101 of the
Federal Credit Union Act.''.
(b) Conforming Amendments.--Section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) is amended--
(1) in paragraph (6)(A), by inserting ``or loans to assist
small business concerns located in qualified States, in
accordance with paragraph (22),'' before ``any reasonable
doubt''; and
(2) in the first sentence of paragraph (18), by inserting
before the period ``, except as otherwise provided in paragraph
(22)''.
SEC. 3. PROGRAM DURATION.
This Act, and the amendments made by this Act, shall remain in
effect for a period of 5 years, beginning on the date of enactment of
this Act. | Small Business Lending and Credit Availability Act of 1993 - Amends the Small Business Act to direct the Small Business Administration (SBA) to participate in loans to small businesses located in States in which one or more insured depository institutions have been closed due to inability to meet depositor demands. Directs the SBA to guarantee 90 percent of any such loan for amounts between $200,000 and $500,000, and 95 percent of any such loan for amounts less than $200,000. Prohibits the SBA from collecting a guarantee fee from the lending institution or the borrower for such loan participation during the first two years of such participation, with a one percent (of the loan) fee permitted for the third through fifth years. Authorizes lenders to retain one-half of any fee so collected in order to encourage lenders to provide loans to small businesses located in areas of failed depository institutions. Limits the loan participation program to five years. | Small Business Lending and Credit Availability Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violence Prevention Training for
Early Childhood Educators Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide grants to institutions of
higher education and qualified entities that carry out early childhood
education training programs to enable the institutions of higher
education and qualified entities to include violence prevention
training as part of the preparation of individuals pursuing careers in
early childhood development and education.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Aggressive behavior in early childhood is the single
best predictor of aggression in later life.
(2) Aggressive and defiant behavior predictive of later
delinquency is increasing among our Nation's youngest children.
Without prevention efforts, higher percentages of children are
likely to become violent juvenile offenders.
(3) Research has demonstrated that aggression is primarily
a learned behavior that develops through observation,
imitation, and direct experience. Therefore, children who
experience violence as victims or as witnesses are at increased
risk of becoming violent themselves.
(4) In a study at a Boston city hospital, 1 out of every 10
children seen in the primary care clinic had witnessed a
shooting or a stabbing before the age of 6, with 50 percent of
the children witnessing in the home and 50 percent of the
children witnessing in the streets.
(5) A study in New York found that children who had been
victims of violence within their families were 24 percent more
likely to report violent behavior as adolescents, and
adolescents who had grown up in families where partner violence
occurred were 21 percent more likely to experience violent
delinquency than individuals not exposed to violence.
(6) Aggression can become well-learned and difficult to
change by the time a child reaches adolescence. Early childhood
offers a critical period for overcoming risk for violent
behavior and providing support for prosocial behavior.
(7) Violence prevention programs for very young children
yield economic benefits. By providing health and stability to
the individual child and the child's family, the programs may
reduce expenditures for medical care, special education, and
involvement with the judicial system.
(8) Primary prevention can be effective. When preschool
teachers teach young children interpersonal problem-solving
skills and other forms of conflict resolution, children are
less likely to demonstrate problem behaviors.
(9) There is evidence that family support programs in
families with children from birth through 5 years of age are
effective in preventing delinquency.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) At-risk child.--The term ``at-risk child'' means a
child who has been affected by violence through direct exposure
to child abuse, other domestic violence, or violence in the
community.
(2) Early childhood education training program.--The term
``early childhood education training program'' means a program
that--
(A)(i) trains individuals to work with young
children in early child development programs or
elementary schools; or
(ii) provides professional development to
individuals working in early child development programs
or elementary schools;
(B) provides training to become an early childhood
education teacher, an elementary school teacher, a
school counselor, or a child care provider; and
(C) leads to a bachelor's degree or an associate's
degree, a certificate for working with young children
(such as a Child Development Associate's degree or an
equivalent credential), or, in the case of an
individual with such a degree, certificate, or
credential, provides professional development.
(3) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
(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) Qualified entity.--The term ``qualified entity'' means
a public or nonprofit private organization which has--
(A) experience in administering a program
consistent with the requirements of this Act; and
(B) demonstrated the ability to coordinate, manage,
and provide technical assistance to programs that
receive grants under this Act.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(7) Violence prevention.--The term ``violence prevention''
means--
(A) preventing violent behavior in children;
(B) identifying and preventing violent behavior in
at-risk children; or
(C) identifying and ameliorating violent behavior
in children who act out violently.
SEC. 5. PROGRAM AUTHORIZED.
(a) Grant Authority.--The Secretary is authorized to award grants
to institutions of higher education and qualified entities that carry
out early childhood education training programs to enable selected
institutions of higher education and qualified entities to provide
violence prevention training as part of the early childhood education
training program.
(b) Amount.--The Secretary shall award a grant under this Act in an
amount that is not less than $500,000 and not more than $1,000,000.
(c) Duration.--The Secretary shall award a grant under this Act for
a period of not less than 3 years and not more than 5 years.
SEC. 6. APPLICATION.
(a) Application Required.--Each institution of higher education and
qualified entity desiring a grant under this Act shall submit to the
Secretary an application at such time, in such manner, and accompanied
by such information as the Secretary may require.
(b) Contents.--Each application shall--
(1) describe the violence prevention training activities
and services for which assistance is sought;
(2) contain a comprehensive plan for the activities and
services, including a description of--
(A) the goals of the violence prevention training
program;
(B) the curriculum and training that will prepare
students for careers which are described in the plan;
(C) the recruitment, retention, and training of
students;
(D) the methods used to help students find
employment in their fields;
(E) the methods for assessing the success of the
violence prevention training program; and
(F) the sources of financial aid for qualified
students;
(3) contain an assurance that the instructors running the
program are qualified and will use proven methods of violence
prevention;
(4) contain an assurance that the institution has the
capacity to implement the plan; and
(5) contain an assurance that the plan was developed in
consultation with agencies and organizations that will assist
the institution of higher education or qualified entity in
carrying out the plan.
SEC. 7. SELECTION PRIORITIES.
The Secretary shall give priority to awarding grants to
institutions of higher education and qualified entities carrying out
violence prevention programs that include 1 or more of the following
components:
(1) Preparation to engage in family support (such as parent
education, service referral, and literacy training).
(2) Preparation to engage in community outreach or
collaboration with other services in the community.
(3) Preparation to use conflict resolution training with
children.
(4) Preparation to work in economically disadvantaged
communities.
(5) Recruitment of economically disadvantaged students.
(6) Carrying out programs of demonstrated effectiveness in
the type of training for which assistance is sought, including
programs funded under section 596 of the Higher Education Act
of 1965 (as such section was in effect prior to October 7,
1998).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$35,000,000 for each of the fiscal years 2000 through 2004. | Violence Prevention Training for Early Childhood Educators Act - Authorizes the Secretary of Education to award grants for a specified period to enable selected institutions of higher education and other qualified entities to provide violence prevention training as part of the early childhood education training programs they offer.
Prescribes application procedures and selection priorities.
Authorizes appropriations. | Violence Prevention Training for Early Childhood Educators Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kisatchie National Forest Land
Conveyance Act''.
SEC. 2. FINDING.
Congress finds that it is in the public interest to authorize the
conveyance of certain Federal land in the Kisatchie National Forest in
the State of Louisiana for market value consideration.
SEC. 3. DEFINITIONS.
In this Act:
(1) Collins camp properties.--The term ``Collins Camp
Properties'' means Collins Camp Properties, Inc., a corporation
incorporated under the laws of the State.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' means the State of
Louisiana.
SEC. 4. AUTHORIZATION OF CONVEYANCES, KISATCHIE NATIONAL FOREST,
LOUISIANA.
(a) Authorization.--
(1) In general.--Subject to valid existing rights and
subsection (b), the Secretary may convey the Federal land
described in paragraph (2) by quitclaim deed at public or
private sale, including competitive sale by auction, bid, or
other methods.
(2) Description of land.--The Federal land referred to in
paragraph (1) consists of--
(A) all Federal land within sec. 9, T. 10 N., R. 5
W., Winn Parish, Louisiana; and
(B) a 2.16-acre parcel of Federal land located in
the SW\1/4\ of sec. 4, T. 10 N., R. 5 W., Winn Parish,
Louisiana, as depicted on a certificate of survey dated
March 7, 2007, by Glen L. Cannon, P.L.S. 4436.
(b) First Right of Purchase.--Subject to valid existing rights and
section 6, during the 1-year period beginning on the date of enactment
of this Act, on the provision of consideration by the Collins Camp
Properties to the Secretary, the Secretary shall convey, by quitclaim
deed, to Collins Camp Properties all right, title and interest of the
United States in and to--
(1) not more than 47.92 acres of Federal land comprising
the Collins Campsites within sec. 9, T. 10 N., R. 5 W., in Winn
Parish, Louisiana, as generally depicted on a certificate of
survey dated February 28, 2007, by Glen L. Cannon, P.L.S. 4436;
and
(2) the parcel of Federal land described in subsection
(a)(2)(B).
(c) Terms and Conditions.--The Secretary may--
(1) configure the Federal land to be conveyed under this
Act--
(A) to maximize the marketability of the
conveyance; or
(B) to achieve management objectives; and
(2) establish any terms and conditions for the conveyances
under this Act that the Secretary determines to be in the
public interest.
(d) Consideration.--Consideration for a conveyance of Federal land
under this Act shall be--
(1) in the form of cash; and
(2) in an amount equal to the market value of the Federal
land being conveyed, as determined under subsection (e).
(e) Market Value.--The market value of the Federal land conveyed
under this Act shall be determined--
(1) in the case of Federal land conveyed under subsection
(b), by an appraisal that is--
(A) conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions; and
(B) approved by the Secretary; or
(2) if conveyed by a method other than the methods
described in subsection (b), by competitive sale.
(f) Hazardous Substances.--
(1) In general.--In any conveyance of Federal land under
this Act, the Secretary shall meet disclosure requirements for
hazardous substances, but shall otherwise not be required to
remediate or abate the substances.
(2) Effect.--Nothing in this section otherwise affects the
application of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) to the conveyances of Federal land.
SEC. 5. PROCEEDS FROM THE SALE OF LAND.
The Secretary shall deposit the proceeds of a conveyance of Federal
land under section 4 in the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
SEC. 6. ADMINISTRATION.
(a) Costs.--As a condition of a conveyance of Federal land to
Collins Camp Properties under section 4, the Secretary shall require
Collins Camp Properties to pay at closing--
(1) reasonable appraisal costs; and
(2) the cost of any administrative and environmental
analyses required by law (including regulations).
(b) Permits.--
(1) In general.--An offer by Collins Camp Properties for
the acquisition of the Federal land under section 4 shall be
accompanied by a written statement from each holder of a Forest
Service special use authorization with respect to the Federal
land that specifies that the holder agrees to relinquish the
special use authorization on the conveyance of the Federal land
to Collins Camp Properties.
(2) Special use authorizations.--If any holder of a special
use authorization described in paragraph (1) fails to provide a
written authorization in accordance with that paragraph, the
Secretary shall require, as a condition of the conveyance, that
Collins Camp Properties administer the special use
authorization according to the terms of the special use
authorization until the date on which the special use
authorization expires. | Kisatchie National Forest Land Conveyance Act This bill authorizes the Department of Agriculture (USDA) to sell specified federal land in Winn Parish, Louisiana. USDA shall convey a portion of that land to Collins Camp Properties, Inc. | Kisatchie National Forest Land Conveyance Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colusa Basin Watershed Integrated
Resources Management Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means the Colusa Basin
Drainage District, California.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State statute.--The term ``State statute'' means
section 413 of the California Statutes 1987, chapter 1399
(commonly known as the ``Colusa Basin Drainage Act''), as in
effect on the date of enactment of this Act.
SEC. 3. AUTHORIZATION OF ASSISTANCE.
The Secretary may provide financial assistance to the District for
use by the District or by local agencies acting under the State
statute, for planning, design, environmental compliance, and
construction required in carrying out eligible projects in the Colusa
Basin Watershed--
(1) to--
(A) reduce the risk of damage to urban and
agricultural areas from flooding or the discharge of
drainage water or tailwater;
(B) assist in groundwater recharge efforts to
alleviate overdraft and land subsidence; or
(C) construct, restore, or preserve wetland and
riparian habitat; and
(2) to capture, as an incidental purpose of any of the
purposes described in paragraph (1), surface water or
stormwater for conservation, conjunctive use, and increased
water supplies.
SEC. 4. PROJECT SELECTION.
(a) Eligible Projects.--A project shall be an eligible project for
purposes of section 3 if the project is--
(1) identified in the document entitled ``Colusa Basin
Water Management Program'', dated February 1995; and
(2) carried out in accordance with that document and all
environmental documentation requirements that apply to the
project under the laws of the United States and the State of
California.
(b) Compatibility Requirement.--The Secretary shall ensure that
projects for which assistance is provided under this Act are not
inconsistent with watershed protection and environmental restoration
efforts being carried out under the Central Valley Project Improvement
Act (106 Stat. 4706 et seq.) or the CALFED Bay-Delta Program.
SEC. 5. COST SHARING.
(a) Non-Federal Share.--The Secretary shall require that the
District and cooperating non-Federal agencies or organizations pay--
(1) 25 percent of the costs associated with construction of
any project carried out with assistance provided under this
Act; and
(2) 100 percent of any operation, maintenance, and
replacement and rehabilitation costs with respect to such a
project.
(b) Planning, Design, and Compliance Assistance.--Funds made
available under this Act may be used to fund all costs incurred for
planning, design, and environmental compliance activities by the
District or by local agencies acting under the State statute, in
accordance with agreements with the Secretary.
(c) Treatment of Contributions.--For purposes of this section, the
Secretary shall treat the value of land, interests in land (including
rights-of-way and other easements), and necessary relocations
contributed by the District to a project as payment by the District of
the costs of the project.
SEC. 6. NONREIMBURSABILITY OF COSTS.
Amounts expended under this Act shall be considered nonreimbursable
for purposes of the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
and Acts amendatory of and supplemental to that Act.
SEC. 7. AGREEMENTS.
Funds made available under this Act may be made available to the
District or a local agency only if the District or local agency, as
applicable, enters into a binding agreement with the Secretary that--
(1) provides that the District or the local agency shall
pay the non-Federal share of the costs of construction required
by section 5(a); and
(2) governs the funding of planning, design, and compliance
activities costs under section 5(b).
SEC. 8. REIMBURSEMENT.
For project work (including work associated with studies, planning,
design, and construction) carried out by the District or by a local
agency acting under the State statute before the date on which amounts
are provided for the project under this Act, the Secretary shall,
subject to amounts being made available in advance in appropriations
Acts, reimburse the District or the local agency, without interest, an
amount equal to the estimated Federal share of the cost of such work
under section 5.
SEC. 9. COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary may enter into cooperative
agreements and contracts with the District to assist the Secretary in
carrying out this Act.
(b) Subcontracting.--Under a cooperative agreement or contract, the
Secretary may authorize the District to enter into contracts and
receive reimbursements, subject to amounts being made available in
advance in appropriations Acts, for work carried out under the contract
or subcontract.
SEC. 10. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982.
Activities carried out, and financial assistance provided, under
this Act shall not be considered a supplemental or additional benefit
for purposes of the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et
seq.).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act $25,000,000, plus such additional amount, if any, as may
be required by reason of changes in costs of services of the types
involved in the District's projects as shown by engineering and other
relevant indexes, to remain available until expended. | Directs the Secretary to require that the District and cooperating non-Federal agencies or organizations pay: (1) 25 percent of project construction costs; and (2) 100 percent of project operation, maintenance, and replacement and rehabilitation costs. Permits funds made available under this Act to: (1) be used to fund all costs incurred for planning, design, and environmental compliance activities by the District or by local agencies; and (2) be made available only to a District or a local agency that enters into a binding agreement with the Secretary that provides that the District or local agency shall pay the non-Federal share of construction costs and that governs the funding of planning, design, and compliance activities costs.
Authorizes appropriations. | Colusa Basin Watershed Integrated Resources Management Act |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Taxpayer
Protection Act of 2005''.
(b) Findings.--The Congress finds the following:
(1) The integrity of the Federal tax system is integral to
the efficient and ongoing functioning of representative
democracy.
(2) A pillar of exemplary citizenship is compliance with
the Federal tax code as it pertains to individual income taxes.
(3) Individual taxpayers voluntarily disclose sensitive
personal information to the Federal Government with the
expectation that such information will be utilized and retained
only by qualified, trained, and accountable personnel of the
Internal Revenue Service (IRS) .
(4) Although the IRS has stated that there will be tight
restrictions on what information will be released to private
collection agencies, the statute places no restrictions on what
information may be released to private collection agencies.
(5) More than 26 million Americans have, since 1990, been
victims of some form of ``identity theft'' through
misappropriation and misuse of their personal information.
(6) Disclosure of taxpayer information to nongovernmental,
third party vendors will increase the risk of wrongful
disclosure of taxpayer information that results in higher
incidences of ``identity theft''.
(7) The IRS has already demonstrated its inability to
protect taxpayer data from unauthorized disclosure under
existing vendor contracts as documented in an internal report
by the Department of Treasury Inspector General for Tax
Administration.
(8) The IRS Restructuring and Reform Act of 1998
specifically prevents employees or supervisors at the IRS from
being evaluated or compensated based on how much they collect
in order to prevent incentives for overly aggressive and
abusive tactics.
(9) The compensation scheme for private tax collection
agencies is a recovery fee of up to 25 percent of funds
collected that will lead to overzealous and abusive collection
tactics against taxpayers.
(10) The Congress has previously rejected the use of
private tax collection agencies by canceling a pilot program in
1996 due to violations by private collection agencies of the
Fair Debt Collection Practices Act, inadequate protection of
sensitive taxpayer information, and a loss of approximately $17
million during the pilot program.
(11) A 2002 report by the IRS Commissioner to the IRS
Oversight Board identified an additional $30 billion in taxes
owed that could be collected annually by increased funding for
IRS personnel. A $9 billion annual increase in revenue could be
achieved by earmarking approximately $300 million to specific
IRS collection functions, for a return of $30 for every $1
spent.
(12) Due to the vagaries of the budget scoring process,
additional funds collected by IRS personnel do not ``score'' as
increased revenues.
(13) The use of private collection agencies was deemed a
``new tool'' to the IRS Commissioner that resulted in increased
revenue being ``scored'' to the Federal Government when such
activity would actually result in increased cost to taxpayers.
(14) Members of the House of Representatives were not
afforded the opportunity to specifically vote on this
significant policy change during consideration of H.R. 4520,
the American Jobs Creation Act of 2004, in the 108th Congress.
SEC. 2. REPEAL OF AUTHORITY TO ENTER INTO PRIVATE TAX COLLECTION
CONTRACTS.
(a) In General.--Subchapter A of chapter 64 of the Internal Revenue
Code of 1986 (relating to collection) is amended by striking section
6306.
(b) Conforming Amendments.--
(1) Subchapter B of chapter 64 of such Code is amended by
striking section 7433A.
(2) Section 7809(a) of such Code is amended by striking
``6306,''.
(3) Section 7811 of such Code is amended by striking
subsection (g).
(4) Section 1203 of the Internal Revenue Service
Restructuring Act of 1998 is amended by striking subsection
(e).
(5) The table of sections of subchapter A of chapter 64 of
such Code is amended by striking the item relating to section
6306.
(6) The table of sections of subchapter B of chapter 64 of
such Code is amended by striking the item relating to section
7433A.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act but shall not apply to
any contract entered into before such date.
(d) Termination of Reporting Requirement.--The reporting
requirement of section 881(e) of the American Jobs Creation Act of 2004
shall not apply after the date of the enactment of this Act. | Taxpayer Protection Act of 2005 - Amends the Internal Revenue Code to repeal provisions enacted by the American Jobs Creation Act of 2004 authorizing the Secretary of the Treasury to enter into contracts with private collection agencies for the collection of taxes. | To amend the Internal Revenue Code of 1986 to repeal the authority of the Secretary of the Treasury to enter into private tax collection contracts. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nevada Test Site Veterans'
Compensation Act of 2006''.
SEC. 2. FINDINGS.
(a) Congress makes the following findings:
(1) Employees working on Cold War-era nuclear weapons
programs were employed in facilities owned by the Federal
Government and the private sector producing and testing nuclear
weapons and engaging in related atomic energy defense
activities for the national defense beginning in the 1940s.
(2) These Cold War atomic energy veterans helped to build
and test the nuclear arsenal that served as a deterrent during
the Cold War, sacrificing their personal health and well-being
in service of their country.
(3) During the Cold War, many of these workers were exposed
to radiation and placed in harm's way by the Department of
Energy and contractors, subcontractors, and vendors of the
Department without their knowledge and consent, without
adequate radiation monitoring, and without necessary
protections from internal or external occupational radiation
exposure.
(4) The Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384 et seq.) (in this section
referred to as ``EEOICPA'') was enacted to ensure fairness and
equity for the men and women who, during the past 60 years,
performed duties uniquely related to the nuclear weapons
production and testing programs of the Department of Energy,
its predecessor agencies, and contractors by establishing a
program that would provide timely, uniform, and adequate
compensation for beryllium- and radiation-related health
conditions.
(5) Research by the Department of Energy, the National
Institute for Occupational Safety and Health (NIOSH), NIOSH
contractors, the President's Advisory Board on Radiation and
Worker Health, and congressional committees indicates that at
certain nuclear weapons facilities--
(A) workers were not adequately monitored for
internal or external exposure to ionizing radiation;
and
(B) records were not maintained, are not reliable,
are incomplete, or fail to indicate the radioactive
isotopes to which workers were exposed.
(6) Due to the inequities posed by the factors described
above and the resulting harm to the workers, Congress
designated classes of atomic weapons employees at the Paducah,
Kentucky, Portsmouth, Ohio, Oak Ridge K-25, Tennessee, and the
Amchitka Island, Alaska, sites as members of the Special
Exposure Cohort under EEOICPA.
(7) The contribution of the State of Nevada to the security
of the United States throughout the Cold War and since has been
unparalleled.
(8) In 1950, President Harry S Truman designated what would
later be called the Nevada Test Site as the country's nuclear
proving grounds and, a month later, the first atmospheric test
at the Nevada Test Site was detonated.
(9) The United States conducted 100 above-ground and 828
underground nuclear tests at the Nevada Test Site from 1951 to
1992.
(10) Out of the 1,054 nuclear tests conducted in the United
States, 928, or 88 percent, were conducted at the Nevada Test
Site.
(11) The Nevada Test Site has served, and continues to
serve, as the premier research, testing, and development site
for our nuclear defense capabilities.
(12) The Nevada Test Site and its workers are an essential
and irreplaceable part of our nation's defense capabilities.
(13) It has become evident that it is not feasible to
estimate with sufficient accuracy in a timely manner the
radiation dose received by employees at the Department of
Energy facility at the Nevada Test Site for many reasons,
including the following:
(A) The NIOSH Technical Basis Document, the
threshold document for radiation dose reconstruction
under EEOICPA, has incomplete radionuclide lists.
(B) NIOSH has not demonstrated that it can estimate
dose from exposure to large, nonrespirable hot
particles.
(C) There are significant gaps in environmental
measurement and exposure data.
(D) Resuspension doses are seriously
underestimated.
(E) NIOSH has not been able to estimate accurately
exposures to bomb assembly workers and radon levels.
(F) NIOSH has not demonstrated that it can
accurately sample tritiated water vapor.
(G) External dose records lack integrity.
(H) There are no beta dose data until 1966.
(I) There are no neutron dose data until 1966 and
only partial data after such date.
(J) There are no internal dose data until late 1955
or 1956, and limited data until well into the 1960s.
(K) NIOSH has ignored exposure from more than a
dozen underground tests that vented, including Bianca,
Des Moines, Baneberry, Camphor, Diagonal Line, Riola,
Agrini, Midas Myth, Misty Rain, and Mighty Oak.
(L) Instead of monitoring individuals, groups were
monitored, resulting in unreliable personnel
monitoring.
(14) Amchitka Island, where only 3 underground nuclear
tests were conducted, has been designated a Special Exposure
Cohort under EEOICPA.
(15) Some Nevada Test Site workers, despite having worked
with significant amounts of radioactive materials and having
known exposures leading to serious health effects, have been
denied compensation under EEOICPA as a result of flawed
calculations based on records that are incomplete, in error, or
based on faulty assumptions and incorrect models.
SEC. 3. INCLUSION OF CERTAIN NUCLEAR WEAPONS PROGRAM WORKERS IN SPECIAL
EXPOSURE COHORT UNDER ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM.
(a) In General.--Section 3621(14) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C.
7384l(14)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) The employee was so employed at the Nevada
Test Site or other similar sites located in Nevada
during the period beginning on January 1, 1950, and
ending on December 31, 1993, and, during such
employment--
``(i) was present during an atmospheric or
underground nuclear test or performed
drillbacks, re-entry, or clean-up work
following such a test (without regard to the
duration of employment);
``(ii) was present during an episodic event
involving radiation releases (without regard to
the duration of employment); or
``(iii) was employed at the Nevada Test
Site for a number of work days aggregating at
least 250 work days and was employed in a job
activity that--
``(I) was monitored through the use
of dosimetry badges or bioassays for
exposure to ionizing radiation; or
``(II) worked in a job activity
that is or was, comparable to a job
that is, was, or should have been
monitored for exposure to ionizing
radiation through the use of dosimetry
badges or bioassay.''.
(b) Deadline for Claims Adjudication.--Claims for compensation
under section 3621(14)(C) of the Energy Employees Occupational Illness
Compensation Program Act of 2000, as added by subsection (a), shall be
adjudicated and a final decision issued--
(1) in the case of claims pending as of the date of the
enactment of this Act, not later than 30 days after such date;
and
(2) in the case of claims filed after the date of the
enactment of this Act, not later than 30 days after the date of
such filing. | Nevada Test Site Veterans' Compensation Act of 2006 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to set forth criteria for the inclusion of certain nuclear weapons program workers in the special exposure cohort under the energy employees occupational illness compensation program.
Establishes a deadline for claims adjudication. | A bill to amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to provide for certain nuclear weapons program workers to be included in the Special Exposure Cohort under the compensation program established by that Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Removing Excess Litigation Involving
Energy on Federal Lands Act'' or the ``RELIEF Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States spends over $1 billion per day to
import crude oil from foreign countries;
(2) such expenditure represents the largest wealth transfer
in history;
(3) the United States has at least 86 billion barrels of
oil and 420 trillion cubic feet of natural gas in the outer
Continental Shelf;
(4) environmental groups have legally challenged every
lease in the Alaskan Outer Continental Shelf in the Chukchi and
Beaufort Seas;
(5) environmental groups have legally challenged the entire
2007-2012 5-year national outer Continental Shelf leasing
program;
(6) such legal challenges significantly delay or ultimately
prevent energy resources from reaching the American public;
(7) these legal challenges come at a high cost to the
American public and the American economy; and
(8) Congress finds that expedited judicial review is
necessary to prevent this gross abuse of the United States
judicial system.
SEC. 3. TIME FOR FILING COMPLAINT.
All causes and claims that arise from any covered energy project
must be filed not later than the end of the 60-day period beginning on
the date of the action or decision by a Federal official that
constitutes the covered energy project concerned. Any cause or claim
not filed within that time period shall be barred.
SEC. 4. DISTRICT COURT DEADLINE.
(a) In General.--All proceedings that are subject to section 3--
(1) shall be resolved as expeditiously as possible, and in
any event not more than 180 days after such cause or claim is
filed; and
(2) shall take precedence over all other pending matters
before the district court.
(b) Failure To Comply With Deadline.--If an interlocutory or final
judgment, decree, or order has not been issued by the district court by
the deadline described under this section, the cause or claim shall be
dismissed with prejudice and all rights relating to such cause or claim
shall be terminated.
SEC. 5. ABILITY TO SEEK APPELLATE REVIEW.
An interlocutory or final judgment, decree, or order of the
district court in a proceeding that is subject to section 3 may be
reviewed by no other court except the Supreme Court.
SEC. 6. DEADLINE FOR APPEAL TO THE SUPREME COURT.
If a writ of certiorari has been granted by the Supreme Court
pursuant to section 5, then--
(1) the interlocutory or final judgment, decree, or order
of the district court shall be resolved as expeditiously as
possible and in any event not more than 180 days after such
interlocutory or final judgment, decree, order of the district
court is issued; and
(2) all such proceedings shall take precedence over all
other matters then before the Supreme Court.
SEC. 7. LIMITATION ON SCOPE OF REVIEW AND RELIEF.
(a) Administrative Findings and Conclusions.--In any judicial
review of any Federal action under this Act, any administrative
findings and conclusions relating to the challenged Federal action
shall be presumed to be correct unless shown otherwise by clear and
convincing evidence contained in the administrative record.
(b) Limitation on Prospective Relief.--In any judicial review of
any action, or failure to act, under this Act, the Court shall not
grant or approve any prospective relief unless the Court finds that
such relief is narrowly drawn, extends no further than necessary to
correct the violation of a Federal law requirement, and is the least
intrusive means necessary to correct the violation concerned.
SEC. 8. LEGAL FEES.
Any person filing a petition seeking judicial review of any action,
or failure to act, under this Act who is not a prevailing party shall
pay to the prevailing parties (including intervening parties), other
than the United States, fees and other expenses incurred by that party
in connection with the judicial review, unless the Court finds that the
position of the person was substantially justified or that special
circumstances make an award unjust.
SEC. 9. EXCLUSION.
This Act shall not apply with respect to disputes between the
parties to a lease issued pursuant to an authorizing leasing statute
regarding the obligations of such lease or the alleged breach thereof.
SEC. 10. COVERED ENERGY PROJECT DEFINED.
In this Act, the term ``covered energy project'' means any action
or decision by a Federal official regarding--
(1) the leasing of Federal lands (including submerged
lands) for the exploration, development, production,
processing, or transmission of oil, natural gas, or any other
source or form of energy, including actions and decisions
regarding the selection or offering of Federal lands for such
leasing; or
(2) any action under such a lease. | Removing Excess Litigation Involving Energy on Federal Lands Act or RELIEF Act - Requires all causes and claims that arise from a covered energy project to be filed within 60 days after a federal action or decision that constitutes the covered energy project concerned.
(Defines a covered energy project as a federal action or decision concerning the leasing of federal lands, including submerged lands, for the exploration, development, production, processing, or transmission of any source or form of energy, including actions and decisions regarding the selection or offering of federal lands for such leasing.)
Bars any cause or claim that is not filed within such time period. Requires all such proceedings to: (1) be resolved within 180 days after the cause or claim is filed, and (2) take precedence over other pending matters before the district court.
Confers exclusive appellate jurisdiction for such actions upon the U.S. Supreme Court.
Presumes the correctness of any administrative findings and conclusions relating to a challenged federal action under this Act unless the administrative record shows otherwise by clear and convincing evidence. Requires prospective relief to: (1) be narrowly drawn, (2) extend no further than necessary to correct the violation of a federal law requirement, and (3) be the least intrusive means necessary to correct the violation.
Requires a petitioner seeking judicial review of any action, or failure to act, under this Act who is not a prevailing party to pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred in connection with such review, unless the Court finds that the petitioner was either substantially justified or that special circumstances make an award unjust. | To establish judicial procedures for causes and claims relating to any action or decision by a Federal official regarding the leasing of Federal lands (including submerged lands) for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source or form of energy, and for other purposes. |
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