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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education and Workforce Innovation
Act''.
SEC. 2. COMMUNITY WORKFORCE TRAINING GRANTS.
(a) Program Authorized.--From the amounts appropriated to carry out
this section, the Secretary of Education, in consultation with the
Secretary of Labor and the advisory panel, shall carry out a 5-year
pilot program to award grants to eligible entities to carry out
programs that provide direct skills and job training for individuals to
enter and advance in high-growth, emerging, and in-demand industries,
such as skilled labor and trade industries.
(b) Application.--To receive a grant under this section, an
eligible entity shall submit an application, at such time, in such
manner, and containing such information as the Secretary of Education
may require.
(c) Uses of Funds.--An eligible entity that receives a grant under
this section shall use such grant to--
(1) develop and carry out a multiyear program to provide
students enrolled in a school or institution described in
subparagraphs (A) through (C) of subsection (g)(1) with
education and training to prepare such students to enter and
advance in high-growth, emerging, or in-demand industries by
providing--
(A) customized training that is valuable to such
industries;
(B) increased productivity and knowledge transfer;
(C) a stable and predictable pipeline to a high-
standard of employment (as determined by the Secretary
of Labor in consultation with the advisory panel) upon
graduation from the program;
(D) a proven model of success, as determined by the
Secretary of Labor in consultation with the advisory
panel; and
(E) an opportunity for career advancement; and
(2) cover costs related to developing and carrying out the
program, which may include--
(A) covering overhead costs;
(B) improving program design;
(C) expanding access to the program; or
(D) providing tuition subsidies for students
enrolled, or desiring to enroll, in an institution
described in subparagraph (A) or (B) of subsection
(g)(1), if applicable, to participate in such program.
(d) Matching Funds.--An eligible entity that is awarded a grant
under this section shall provide matching funds from non-Federal
sources in an amount equal to not less than the Federal funds provided
under the grant.
(e) Advisory Panel.--In carrying out the pilot program under this
section, the Secretary of Education shall establish an advisory panel
that is comprised of Federal education experts and private sector
executives.
(f) Availability of Funding.--For fiscal year 2016 and each of the
4 succeeding fiscal years, not less than $50,000,000 shall be available
from the amount appropriated for each such fiscal year for the
Workforce Innovation Fund of the Department of Labor for the costs of
carrying out this section.
(g) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
private company involved in the manufacturing, production, or
technology industries, in partnership with a--
(A) junior or community college;
(B) postsecondary vocational institution; or
(C) secondary school.
(2) Junior or community college.--The term ``junior or
community college'' has the meaning given the term in section
312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).
(3) Postsecondary vocational institution.--The term
``postsecondary vocational institution'' has the meaning given
the term in section 102(c) of the Higher Education Act of 1965
(20 U.S.C. 1002(c)).
(4) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(5) Skilled labor and trade industries.--The term ``skilled
labor and trade industries'' shall be defined by the Secretary
of Labor.
SEC. 3. FINANCING A SKILLED 21ST CENTURY WORKFORCE GOAL.
(a) Program Authorized.--The Secretaries of Education and the
Treasury, jointly with the advisory panel, shall administer a pay-for-
performance pilot program for 5 years to raise funds from qualified
investors to cover the cost of a workforce training program that
increases trade certifications or apprenticeships for unemployed
individuals or dislocated workers, and that meets the requirements of
subsection (b).
(b) Program Requirements.--The pay-for-performance pilot program
carried out under subsection (a) shall require that--
(1) the Secretaries and the advisory panel establish the
goals of increasing trade certifications or apprenticeships for
unemployed individuals or dislocated workers, and other social
and financial goals (such as reducing Federal, State, and local
expenditures related to workforce training) for the program;
(2) a qualified investor enters into a pay-for-performance
agreement with the Secretaries under which the qualified
investor--
(A) provides funds to a service provider selected
by the Secretaries, the advisory panel, and the
qualified investor to meet the goals established under
paragraph (1); and
(B) agrees to the repayment terms described in
paragraph (4);
(3) the service provider uses such funds to carry out a
workforce training program for unemployed adults or dislocated
workers to meet such goals;
(4) if the Secretaries and the advisory panel determine
that the workforce training program carried out by the service
provider meets the goals established under paragraph (1), the
Secretaries will repay the qualified investor the amount of
funds provided by the qualified investor under paragraph (2)
with financial returns; and
(5) the Secretaries and the advisory panel assess the
feasibility of expanding the pay-for-performance pilot program
on a larger scale.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $75,000,000 for fiscal year 2016 to carry out this
section.
(d) Definitions.--In this Act:
(1) Advisory panel.--The term ``advisory panel'' means a
panel of business representatives selected by the Secretaries.
(2) Dislocated worker; unemployed individual.--The terms
``dislocated worker'' and ``unemployed individual'' have the
meanings given the terms in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(3) Qualified investor.--The term ``qualified investor''
has the meaning given such term in section 230.501(a) of title
17, Code of Federal Regulations (or successor regulations).
(4) Secretaries.--The term ``Secretaries'' means the
Secretaries of Education and the Treasury.
(5) Service provider.--The term ``service provider'' means
a nonprofit organization that carries out a workforce training
program. | Education and Workforce Innovation Act - Directs the Secretary of Education to carry out a five-year pilot program to award grants to eligible entities to carry out programs that provide direct skills and job training for individuals to enter and advance in high-growth, emerging, and in-demand industries, such as skilled labor and trade industries. Defines an "eligible entity" as a private company involved in the manufacturing, production, or technology industries, in partnership with a junior or community college, postsecondary vocational institution, or secondary school. Authorizes such an entity to use such a grant to develop and carry out a multiyear program to provide students enrolled in such a college, institution, or school with education and training to enter and advance in such industries, by providing: (1) customized training, (2) increased productivity and knowledge transfer, (3) a stable and predictable pipeline to a high-standard of employment upon graduation, (4) a proven model of success, and (5) an opportunity for career advancement. Requires an eligible entity that is awarded a grant to provide matching funds from non-federal sources. Directs the Secretaries of Education and the Treasury to administer a five-year pilot program under which qualified investors enter into a pay-for-performance agreement under which they will provide funds to service providers to carry out workforce training programs that increase trade certifications or apprenticeships for unemployed individuals or dislocated workers. | Education and Workforce Innovation Act |
SECTION 1. RESTORATION OF DEDUCTION FOR INTEREST ON EDUCATIONAL LOANS.
(a) In General.--Paragraph (2) of section 163(h) of the Internal
Revenue Code of 1986 (defining personal interest) is amended by
striking ``and'' at the end of subparagraph (D), by redesignating
subparagraph (E) as subparagraph (F), and by inserting after
subparagraph (D) the following new subparagraph:
``(E) any interest on a qualified educational loan
(within the meaning of paragraph (5)), and''.
(b) Qualified Educational Loan Defined.--Paragraph (5) of section
163(h) of such Code is amended to read as follows:
``(5) Qualified educational loan.--For purposes of this
subsection--
``(A) In general.--The term `qualified educational
loan' means any indebtedness--
``(i) which is provided--
``(I) pursuant to a Federal, State,
or State-based guarantee program or
insurance program,
``(II) by an organization described
in section 501(c)(3) and exempt from
tax under section 501(a), or
``(III) by a financial institution
under a supplemental education program
which requires that repayments on the
loan be made to the educational
institution referred to in subparagraph
(D)(i), and
``(ii) which is incurred to pay qualified
educational expenses which are paid or incurred
within a reasonable period of time before or
after the indebtedness is incurred.
``(B) Phaseout of benefit.--
``(i) In general.--The amount of interest
which would (but for this subparagraph) be
taken into account under paragraph (2)(E) for
the taxable year shall be reduced (but not
below zero) by the amount which bears the same
ratio to such interest as the excess of the
taxpayer's adjusted gross income for such
taxable year over the applicable dollar amount
bears to phaseout range.
``(ii) Applicable dollar amount; phaseout
range.--For purposes of clause (i)--
``(I) in the case of a return of an
unmarried individual, the applicable
dollar amount is $40,000 and the
phaseout range is $15,000,
``(II) in the case of a joint
return, the applicable dollar amount is
$60,000 and the phaseout range is
$30,000, and
``(III) in any other case, the
applicable dollar amount is zero.
``(C) Deduction allowable only for first 48 months
loan is in repayment status.--Paragraph (2)(E) shall
apply only to interest which is paid or incurred during
the first 48 months (whether or not consecutive) for
which a payment is required to be made on the loan.
``(D) Qualified educational expenses.--For purposes
of this paragraph--
``(i) In general.--The term `qualified
educational expenses' means qualified tuition
and related expenses of the taxpayer, his
spouse, or a dependent (as defined in section
152) for attendance at an educational
institution described in section
170(b)(1)(A)(ii).
``(ii) Qualified tuition and related
expenses.--The term `qualified tuition and
related expenses' has the meaning given such
term by section 117(b), except that such term
shall include any reasonable living expenses
while away from home.
``(E) Adjustment of phaseout for inflation.--
``(i) In general.--In the case of any
taxable year beginning in a calendar year after
1998, the $40,000 and $60,000 amounts contained
in subparagraph (B) shall be increased by an
amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment under section 1(f)(3) for
the calendar year in which the taxable
year begins, determined by substituting
`calendar year 1997' for `calendar year
1992' in subparagraph (B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $50, such
amount shall be rounded to the nearest multiple
of $50 (or, if such amount is a multiple of
$25, such amount shall be rounded to the next
highest multiple of $50).''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997, but only with
respect to loans the first required payment on which is after such
date. | Amends the Internal Revenue Code to allow a limited income tax deduction for interest on a qualified educational loan. Defines such a loan. | To amend the Internal Revenue Code of 1986 to restore the deduction for interest on certain educational loans. |
SECTION 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION.
(a) Establishment.--There is established a Commission on Structural
Alternatives for the Federal Courts of Appeals (hereinafter referred to
as the ``Commission'').
(b) Functions.--The functions of the Commission shall be to--
(1) study the present division of the United States into
the several judicial circuits;
(2) study the structure and alignment of the Federal court
of appeals system, with particular reference to the Ninth
Circuit; and
(3) report recommendations to the President and Congress on
appropriate changes in circuit boundaries or structure for the
expeditious and effective disposition of the caseload of the
Federal Courts of Appeal, consistent with fundamental concepts
of fairness and due process.
SEC. 2. MEMBERSHIP.
(a) Composition.--The Commission shall be composed of 8 members
appointed as follows:
(1) One member appointed by the President of the United
States.
(2) Three members appointed by the Majority Leader of the
Senate.
(3) Three members appointed by the Speaker of the House of
Representatives.
(4) One member appointed by the Chief Justice of the United
States.
(b) Vacancy.--Any vacancy on the Commission shall be filled in the
same manner as the original appointment.
(c) Chair.--The Commission shall elect a Chair and Vice Chair from
among its members.
(d) Quorum.--Four members of the Commission shall constitute a
quorum, but 3 may conduct hearings.
SEC. 3. COMPENSATION.
(a) In General.--Members of the Commission who are Federal officers
or employees shall receive no additional compensation for their
services, but shall be reimbursed for travel, subsistence, and other
necessary expenses incurred in the performance of duties vested in the
Commission, but not in excess of the maximum amounts authorized under
section 456 of title 28, United States Code.
(b) Non-Federal Members.--Any member of the Commission who is not a
Federal officer or employee shall receive $200 per diem for each day
(including travel time) during which the member is engaged in the
actual performance of duties vested in the Commission, plus
reimbursement for travel, subsistence, and other necessary expenses
incurred in the performance of such duties, but not in excess of the
maximum amounts authorized under section 456 of title 28, United States
Code.
SEC. 4. PERSONNEL.
(a) Executive Director.--The Commission may appoint an Executive
Director who shall receive compensation at a rate not exceeding the
rate prescribed for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(b) Staff.--The Executive Director, with the approval of the
Commission, may appoint and fix the compensation of such additional
personnel as the Executive Director determines necessary, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service or the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates. Compensation under this
subsection shall not exceed the annual maximum rate of basic pay for a
position above GS-15 of the General Schedule under section 5108 of
title 5, United States Code.
(c) Experts and Consultants.--The Executive Director may procure
personal services of experts and consultants as authorized under
section 3109 of title 5, United States Code, at rates not to exceed the
highest level payable under the General Schedule pay rates under
section 5332 of title 5, United States Code.
(d) Services.--The Administrative Office of the United States
Courts shall provide administrative services, including financial and
budgeting services, for the Commission on a reimbursable basis. The
Federal Judicial Center shall provide necessary research services on a
reimbursable basis.
SEC. 5. INFORMATION.
The Commission is authorized to request from any department,
agency, or independent instrumentality of the Government any
information and assistance the Commission determines necessary to carry
out its functions under this Act. Each such department, agency, and
independent instrumentality is authorized to provide such information
and assistance to the extent permitted by law when requested by the
Chair of the Commission.
SEC. 6. REPORT.
No later than 1 year after the date of the enactment of this Act,
or June 30, 1998, whichever occurs first, the Commission shall submit a
report to the President and the Congress. The Commission shall
terminate 90 days after the date of the submission of the report.
SEC. 7. CONGRESSIONAL CONSIDERATION.
No later than 60 days after the submission of the report, the
Committee on the Judiciary of the Senate shall act on the report.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commission to carry
out this Act $500,000 for fiscal year 1997. | Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the United States into the several judicial circuits and the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit; and (2) report its recommendations for changes to the President and the Congress by the earlier of June 30, 1998, or one year after enactment of this Act.
Directs the Senate Judiciary Committee to act on the report within 60 days of its transmission.
Authorizes appropriations. | A bill to establish a Commission on Structural Alternatives for the Federal Courts of Appeals. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Research for Women in
Trauma Act of 2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Most studies of violence against women currently focus
on physical abuse or rape, primarily because they are easier to
identify and measure and are potentially lethal, however,
almost all battered women describe psychological abuse as the
most harmful.
(2) Much of the research on violence against women has not
focused on nontraditional populations, although available data
shows that incarcerated women, women living in poverty, women
belonging to minority ethnic and language groups, older women,
and women with mental and physical disabilities report
especially high rates of victimization.
(3) Victims of violence are at increased risk for a number
of physical and mental health problems, for example, in primary
care practice, women who have been raped report more symptoms
of illness and more negative health behaviors than
nonvictimized women.
(4) Effective methods for screening to identify women
affected by violence are prerequisite to understanding the
outcomes of abuse-sensitive medical care, for example, the
effect of medical attention to violence on perceived health
utilization of health services over time, and patient
satisfaction.
(5) Violence against women occurs in a sociocultural
context. More research should be conducted to identify
sociocultural factors that promote and maintain violence
against women and to learn how sociocultural factors, such as
gender roles and poverty, mediate the effects of interpersonal
victimization.
(6) There are a number of community-based and legal system
interventions available to victims of interpersonal violence.
However, there is little evaluation research on the
effectiveness of these interventions, especially for various
subpopulations of women. More research needs to be conducted on
the effectiveness of legal and community-based interventions,
not only those with the goal of changing the behavior of
assailants but also those with the goal of helping women take
safety-promoting actions.
(7) Much of the research on violence against women examines
continuing rates of physical or psychological abuse as outcome
measures and measures the behavior of the perpetrators, not
something over which the woman has direct and immediate
control. However, research on the women's attempts to manage
and end the violence in their lives is rare.
(8) Much of the extant research has focused on violence
against women in the streets (sexual assault) or in their homes
(domestic violence, battering, or marital rape). However,
consistent focus on violence against women in work-related and
educational contexts has been more limited.
SEC. 3. RESEARCH INITIATIVES.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399O. VIOLENCE PREVENTION RESEARCH INITIATIVES.
``(a) In General.--The Secretary, in consultation with the Director
of the Centers for Disease Control and Prevention, the Director of the
National Institute of Mental Health, the Director of the Office of
Research on Women's Health, the Director of the Office of Women's
Health, the Director of the National Institute of Drug Abuse, and the
Director of the National Institute of Alcohol Abuse and Alcoholism,
shall make grants and enter into contracts to--
``(1) increase research on the psychological sequelae of
violence against women;
``(2) expand research on special populations and their risk
for violence, including adolescents, older women, ethnic
minorities, women with disabilities, and other affected
populations;
``(3) increase research on violence against women as a risk
factor for various mental and physical health problems;
``(4) develop and test effective methods of screening for
violence in all points of entry to the health care system,
including mental health, emergency medicine, and primary care;
``(5) expand and enhance research on sociocultural
correlates of violence, such as the factors that create the
predisposition toward violent behavior, situational variables
that trigger the expression of violence, and social processes
that allow violence to continue without negative consequences
to the perpetrator;
``(6) develop systematic and quantifiable measures to
evaluate treatment programs and prevention strategies for
victims and perpetrators of violence;
``(7) conduct research to increase better understanding of
the complex process victimized women go through in attempting
to manage and end the violence in their lives and focus on
resilience and coping mechanisms; and
``(8) develop standardized questions concerning rape,
battering, and sexual harassment in work-related and
educational contexts to be routinely included in governmentally
sponsored national surveys in order to obtain a fuller and more
accurate assessment of the nature, prevalence, and effect of
multiple forms of violence against women in these settings.
``(b) Maximum Amount.--The Secretary shall not award a grant under
this section in an amount which exceeds $500,000.
``(c) Duration.--The Secretary shall award grants under this
section for a period not to exceed 5 years.
``(d) Application.--
``(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
``(A) describe the activities for which assistance
under this section is sought; and
``(B) provide such additional assurances as the
Secretary determines to be essential to ensure
compliance with the requirements of this section.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $50,000,000 for fiscal year 2003 and such sums as may be
necessary for each of the fiscal years 2004, 2005, and 2006 to carry
out the provisions of this section.''. | Expanding Research for Women in Trauma Act of 2002 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to: (1) increase and expand specified violence prevention research initiatives that focus upon violence against women and special populations including adolescents and ethnic minorities; and (2) award grants for such programs for a maximum five-year period. | A bill to expand research for women in trauma. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Ambulance Payment Reform
Act of 2001''.
SEC. 2. AMBULANCE PAYMENT RATES.
(a) Payment Rates.--
(1) In general.--Section 1834(l)(3) of the Social Security
Act (42 U.S.C. 1395m(l)(3)) is amended to read as follows:
``(3) Payment rates.--
``(A) In general.--Subject to any adjustment under
subparagraph (B) and paragraph (9) and the full payment
of a national mileage rate pursuant to subparagraph
(2)(E), in establishing such fee schedule, the
following rules shall apply:
``(i) Payment rates in 2002.--
``(I) Ground ambulance services.--
In the case of ground ambulance
services furnished under this part in
2002, the Secretary shall set the
payment rates under the fee schedule
for such services at a rate based on
the average costs (as determined by the
Secretary on the basis of the most
recent and reliable information
available) incurred by full cost
ambulance suppliers in providing
nonemergency basic life support
ambulance services covered under this
title, with adjustments to the rates
for other ground ambulance service
levels to be determined based on the
rule established under paragraph (1).
For the purposes of the preceding
sentence, the term `full cost ambulance
supplier' means a supplier for which
volunteers or other unpaid staff
comprise less than 20 percent of the
supplier's total staff and which
receives less than 20 percent of space
and other capital assets free of
charge.
``(II) Other ambulance services.--
In the case of ambulance services not
described in subclause (I) that are
furnished under this part in 2002, the
Secretary shall set the payment rates
under the fee schedule for such
services based on the rule established
under paragraph (1).
``(ii) Payment rates in subsequent years
for all ambulance services.--In the case of any
ambulance service furnished under this part in
2003 or any subsequent year, the Secretary
shall set the payment rates under the fee
schedule for such service at amounts equal to
the payment rate under the fee schedule for
that service furnished during the previous
year, increased by the percentage increase in
the Consumer Price Index for all urban
consumers (United States city average) for the
12-month period ending with June of the
previous year.
``(B) Adjustment in rural rates.--For years
beginning with 2004, the Secretary, after taking into
consideration the recommendations contained in the
report submitted under section 221(b)(3) the Medicare,
Medicaid, and SCHIP Benefits Improvements and
Protection Act of 2000, shall adjust the fee schedule
payment rates that would otherwise apply under this
subsection for ambulance services provided in low
density rural areas based on the increased cost (if
any) of providing such services in such areas.''.
(2) Conforming amendment.--Section 221(c) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of
2000 (114 Stat. 2763A-487), as enacted into law by section
1(a)(6) of Public Law 106-554, is repealed.
(3) Technical amendment.--
(A) In general.--Paragraph (8) of section 1834(l)
of the Social Security Act (42 U.S.C. 1395m(l)), as
added by section 221(a) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000
(114 Stat. 2763A-487), as enacted into law by section
1(a)(6) of Public Law 106-554, is redesignated as
paragraph (9).
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect as if included in
the enactment of such section 221(a).
(b) Use of Medical Conditions for Coding Ambulance Services.--
Section 1834(l)(7) of the Social Security Act (42 U.S.C. 1395m(l)(7))
is amended to read as follows:
``(7) Coding system.--
``(A) In general.--The Secretary shall, in
accordance with section 1173(c)(1)(B), establish a
system or systems for the coding of claims for
ambulance services for which payment is made under this
subsection, including a code set specifying the medical
condition of the individual who is transported and the
level of service that is appropriate for the
transportation of an individual with that medical
condition.
``(B) Medical conditions.--The code set established
under subparagraph (A) shall--
``(i) take into account the list of medical
conditions developed in the course of the
negotiated rulemaking process conducted under
paragraph (1); and
``(ii) notwithstanding any other provision
of law, be adopted as a standard code set under
section 1173(c).''.
SEC. 3. PRUDENT LAYPERSON STANDARD FOR EMERGENCY AMBULANCE SERVICES
UNDER MEDICARE AND MEDICAID.
(a) Ambulance Services for Medicare Fee-For-Service
Beneficiaries.--Section 1861(s)(7) of the Social Security Act (42
U.S.C. 1395x(s)(7)) is amended by inserting before the semicolon at the
end the following: ``, except that such regulations shall not fail to
treat ambulance services as medical and other health services solely
because the ultimate diagnosis of the individual receiving the
ambulance services results in the conclusion that ambulance services
were not necessary, as long as the request for ambulance services is
made after the sudden onset of a medical condition that would be
classified as an emergency medical condition (as defined in section
1852(d)(3)(B)).''.
(b) Ambulance Services for Medicare+Choice Enrollees.--Section
1852(d)(3)(A) of the Social Security Act (42 U.S.C. 1395w-22(d)(3)(A))
is amended by inserting ``(including the services described in section
1861(s)(7))'' after ``outpatient services'' in the matter preceding
clause (i).
(c) Ambulance Services in Medicaid Managed Care Plans.--Section
1932(b)(2)(B) of the Social Security Act (42 U.S.C. 1396u-2(b)(2)(B))
is amended by inserting ``(including the services described in section
1861(s)(7) (if covered by the State plan))'' after ``outpatient
services'' in the matter preceding clause (i).
(d) Effective Date.--The amendments made by this section shall
apply with respect to services provided on and after the date of
enactment of the Act. | Medicare Ambulance Payment Reform Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise requirements for payment for ambulance services concerning: (1) the establishment of a fee schedule; and (2) the coding system specifying the medical condition of the individual transported by an ambulance and the appropriate level of transportation service.Amends SSA titles XVIII (Medicare) (including part C (Medicare+Choice) of the Medicare program) and XIX (Medicaid) to establish a prudent layperson standard for justification of emergency ambulance services under Medicare and Medicaid. | A bill to amend the title XVIII of the Social Security Act to provide payment to medicare ambulance suppliers of the full costs of providing such services, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revolutionary War and War of 1812
Battlefield Protection Act''.
SEC. 2. BATTLEFIELD ACQUISITION GRANT PROGRAM FOR BATTLEFIELDS OF THE
REVOLUTIONARY WAR AND WAR OF 1812.
(a) Grant Program.--The American Battlefield Protection Act of 1996
(section 604 of division I of Public Law 104-333; 16 U.S.C. 469k) is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Battlefield Acquisition Grant Program for Battlefields of the
Revolutionary War and War of 1812.--
``(1) Definitions.--In this subsection:
``(A) Battlefield report.--The term `battlefield
report' means the document entitled `Report to Congress
on the Historic Preservation of Revolutionary War and
War of 1812 Sites in the United States', prepared by
the National Park Service, and dated September 2007.
``(B) Eligible entity.--The term `eligible entity'
means a State or local government.
``(C) Eligible site.--The term `eligible site'
means a site that--
``(i) is not within the exterior boundaries
of a unit of the National Park System; and
``(ii) is identified in the battlefield
report.
``(D) Secretary.--The term `Secretary' means the
Secretary of the Interior, acting through the American
Battlefield Protection Program.
``(2) Establishment.--The Secretary shall establish a
battlefield acquisition grant program for nationally
significant battlefields and associated sites of the
Revolutionary War and the War of 1812 under which the Secretary
may make grants to eligible entities to pay the Federal share
of the cost of acquiring fee-simple or lesser interests from
willing sellers in eligible sites for the preservation and
protection of those eligible sites.
``(3) Nonprofit partners.--An eligible entity may acquire
an interest in an eligible site using a grant under this
subsection in partnership with a nonprofit organization.
``(4) Non-federal share.--The non-Federal share of the
total cost of acquiring an interest in an eligible site under
this subsection shall be not less than 50 percent.
``(5) Limitations on land use.--An interest in an eligible
site acquired under this subsection shall be subject to section
6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 4601-8(f)(3)).
``(6) Reports.--
``(A) In general.--Not later than 5 years after the
date of the enactment of this subsection, the Secretary
shall submit to Congress a report on the activities
carried out under this subsection.
``(B) Update on battlefield report.--Not later than
3 years after the date of the enactment of this
subsection, the Secretary shall submit to Congress a
report that updates the battlefield report to reflect--
``(i) preservation activities carried out
at the 677 battlefields and associated sites
identified in the battlefield report during the
period between publication of the battlefield
report and the update;
``(ii) changes in the condition of the
battlefields and associated sites during that
period; and
``(iii) any other relevant developments
relating to the battlefields and associated
sites during that period.
``(7) Authorizations of appropriations.--
``(A) In general.--There are authorized to be
appropriated to the Secretary from the Land and Water
Conservation Fund to provide grants under this
subsection $10,000,000 for each of fiscal years 2009
through 2013.
``(B) Update of battlefield report.--There are
authorized to be appropriated to the Secretary to carry
out paragraph (6)(B), $500,000.''.
(b) Conforming Amendments.--
(1) References to other battlefield acquisition program.--
Subsection (d) of the American Battlefield Protection Act of
1996, as added by section 3 of Civil War Battlefield
Preservation Act of 2002 (Public Law 107-359; 116 Stat. 3016),
is amended--
(A) in the subsection heading, by striking
``Battlefield Acquisition Grant Program'' and inserting
``Battlefield Acquisition Grant Program for
Battlefields of the Civil War''; and
(B) in paragraph (2), by striking ``grant program''
and inserting ``grant program for battlefields of the
Civil War''; and
(2) Termination of authority.--Subsection (f) of the
American Battlefield Protection Act of 1996, as redesignated by
subsection (a)(1), is amended--
(A) in the subsection heading, by striking
``Repeal'' and inserting ``Expiration''; and
(B) in paragraph (1), by striking ``is repealed''
and inserting ``expires''.
Passed the House of Representatives September 24, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Revolutionary War and War of 1812 Battlefield Protection Act - Amends the American Battlefield Protection Act of 1996 to direct the Secretary of the Interior, acting through the American Battlefield Protection Program, to establish an acquisition grant program for battlefields and associated sites identified in the Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States (battlefield report).
Authorizes the Secretary to provide grants to states or local governments (eligible entities) to pay the federal share of the cost of acquiring fee-simple or lesser interests from willing sellers in such sites. Permits eligible entities to acquire an interest in eligible sites using such grants in partnership with nonprofit organizations.
Requires the non-federal share of the cost of acquisition of eligible sites to be not less than 50 percent of the total.
Subjects acquired property to the Land and Water Conservation Fund Act's prohibition against conversion to other than public outdoor recreation uses without the Secretary's approval.
Requires the Secretary to submit to Congress a report on activities carried out under this Act and an update of the battlefield report.
Authorizes appropriations to: (1) provide grants under the Program for FY2009 through FY2013; and (2) update the battlefield report. | To amend the American Battlefield Protection Act of 1996 to establish a battlefield acquisition grant program for the acquisition and protection of nationally significant battlefields and associated sites of the Revolutionary War and the War of 1812, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Agricultural Disaster
Assistance Act of 2003''.
SEC. 2. CROP DISASTER ASSISTANCE.
(a) In General.--Subject to subsections (b) and (c) and section 4,
the Secretary of Agriculture (referred to in this title as the
``Secretary'') shall use such sums as are necessary of funds of the
Commodity Credit Corporation to make emergency financial assistance
authorized under this section available to producers on a farm that
have incurred qualifying crop losses for the 2001 or 2002 crop due to
damaging weather or related condition, as determined by the Secretary.
(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 815 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-55), including using the same loss thresholds for the
quantity and quality losses as were used in administering that section.
(c) Choice of Payments.--If a producer on a farm incurred
qualifying crop losses for each of the 2001 and 2002 crop years, the
producer may receive payments under this section for losses associated
with the losses in either the 2001 crop year or the 2002 crop year, but
not both.
SEC. 3. ASSISTANCE FOR LIVESTOCK PRODUCERS.
(a) In General.--Subject to subsection (b) and section 4, the
Secretary shall use such sums as are necessary of funds of the
Commodity Credit Corporation to make and administer payments for
livestock losses using the criteria established to carry out the 1999
Livestock Assistance Program (except for application of the national
percentage reduction factor) to producers for 2001 and 2002 losses in a
county that has received an emergency designation by the President or
the Secretary in calendar year 2001 or 2002.
(b) Choice of Payments.--If a producer is on a farm located in a
county that received an emergency designation described in subsection
(a) in each of calendar years 2001 and 2002, the producer may receive
payments under this section for losses associated with the declaration
in either calendar year 2001 or calendar year 2002, but not both.
SEC. 4. INELIGIBILITY FOR PAYMENTS.
(a) Definitions.--In this section
(1) Additional coverage.--The term ``additional coverage''
has the meaning given the term in section 502(b) of the Federal
Crop Insurance Act (7 U.S.C. 1502(b)).
(2) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) for which
the producers on a farm are eligible to obtain additional
coverage.
(3) Noninsurable commodity.--The term ``noninsurable
commodity'' means an eligible crop for which the producers on a
farm are eligible to obtain assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(b) Ineligibility.--Except as provided in subsection (c), the
producers on a farm shall not be eligible for a payment under section 2
with respect to losses to an insurable commodity or noninsurable
commodity for a crop or calendar year (as applicable) if the producers
on the farm--
(1) in the case of an insurable commodity, did not obtain
additional coverage for the insurable commodity for the crop or
calendar year (as applicable); and
(2) in the case of a noninsurable commodity, did not file
the required paperwork, and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333).
(c) Waivers.--The Secretary may waive the application of subsection
(b) to the producers on a farm for a crop or calendar year (as
applicable) if--
(1) in the case of an insurable commodity, the producers on
the farm enter into a contract with the Secretary under which
the producers on the farm agree--
(A) to obtain additional coverage for the insurable
commodity for each of the next 3 crop or calendar years
(as applicable); and
(B) on violation of the contract, to forfeit the
right to receive any payment, loan, or benefit under
title I of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7901 et seq.) for each of such crop
or calendar years (as applicable); and
(2) in the case of a noninsurable commodity, the producers
on the farm enter into a contract with the Secretary under
which the producers on the farm agree--
(A) to file the required paperwork, and pay the
administrative fee by the applicable State filing
deadline, for the noninsurable commodity for each of
the next 3 crop or calendar years (as applicable) under
section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333); and
(B) on violation of the contract, to forfeit the
right to receive any payment, loan, or benefit under
title I of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7901 et seq.) for each of such crop
or calendar years (as applicable).
SEC. 5. COMMODITY CREDIT CORPORATION.
The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this title.
SEC. 6. REGULATIONS.
(a) In General.--The Secretary may promulgate such regulations as
are necessary to implement this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
SEC. 7. EMERGENCY DESIGNATION.
(a) In General.--The entire amount made available under this Act
shall be available only to the extent that the President submits to
Congress an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an
emergency requirement for the purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).
(b) Designation.--The entire amount made available under this
section is designated by Congress as an emergency requirement under
sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A),
902(e)). | Emergency Agricultural Disaster Assistance Act of 2003 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers who have incurred qualifying 2001 or 2002 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2001 and 2002 losses in an emergency-designated county.Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years.Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth waiver provisions. | A bill to provide emergency disaster assistance to agricultural producers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings Enhancement for Education in
College Act''.
SEC. 2. COMPUTER TECHNOLOGY AND EQUIPMENT ALLOWED AS A QUALIFIED HIGHER
EDUCATION EXPENSE FOR SECTION 529 ACCOUNTS.
(a) In General.--Section 529(e)(3)(A) of the Internal Revenue Code
of 1986 is amended by striking ``and'' at the end of clause (i), by
striking the period at the end of clause (ii), and by adding at the end
the following:
``(iii) expenses paid or incurred for the
purchase of any computer technology or
equipment (as defined in section
170(e)(6)(F)(i)) or Internet access and related
services, if such technology, equipment, or
services are to be used primarily by the
designated beneficiary while enrolled at an
eligible educational institution.
Clause (iii) shall not include expenses for computer
software designed for sports, games, or hobbies unless
the software is predominantly educational in nature.''.
(b) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred after December 31, 2010.
SEC. 3. CREDIT FOR CONTRIBUTIONS TO 529 PLANS.
(a) In General.--Subsection (d) of section 25B of the Internal
Revenue Code of 1986 (relating to elective deferrals and IRA
contributions by certain individuals) is amended by redesignating
paragraph (2) as paragraph (3) and by inserting after paragraph (1) the
following new paragraph:
``(2) Contributions to qualified tuition programs.--
``(A) In general.--The term `qualified savings
contribution' includes the amount of any purchase or
contribution described in paragraph (1)(A) of section
529(b) to a qualified tuition program (as defined in
such section) if--
``(i) the taxpayer has the power to
authorize distributions and otherwise
administer the account, and
``(ii) the designated beneficiary of such
purchase or contribution is the taxpayer, the
taxpayer's spouse, or an individual with
respect to whom the taxpayer is allowed a
deduction under section 151.
``(B) Limitation based on compensation.--The amount
treated as a qualified savings contribution by reason
of subparagraph (A) for any taxable year shall not
exceed the sum of--
``(i) the compensation (as defined in
section 219(f)(1)) includible in the taxpayer's
gross income for the taxable year, and
``(ii) the amount excluded from the
taxpayer's gross income under section 112
(relating to combat pay) for such year.
``(C) Determination of adjusted gross income.--
Solely for purposes of determining the applicable
percentage under subsection (b) which applies with
respect to the amount treated as a qualified savings
contribution by reason of subparagraph (A), adjusted
gross income (determined without regard to this
subparagraph) shall be increased by the excess (if any)
of--
``(i) the social security benefits received
during the taxable year (within the meaning of
section 86), over
``(ii) the amount included in gross income
for such year under section 86.''.
(b) Conforming Amendments.--
(1) Section 25B of such Code is amended by striking
``qualified retirement savings'' each place it appears in the
text and inserting ``qualified savings''.
(2) The subsection heading for section 25B(d) of such Code
is amended by striking ``Retirement''.
(3) Subparagraph (A) of section 25B(d)(3) of such Code, as
redesignated by subsection (a), is amended--
(A) by striking ``paragraph (1)'' the first place
it appears and inserting ``paragraph (1) or (2)'', and
(B) by striking ``paragraph (1)'' the second place
it appears and inserting ``paragraph (1), or (2), as
the case may be,''.
(4) The heading for section 25B of such Code is amended by
striking ``and ira contributions'' and inserting ``, ira
contributions, and qualified tuition program contributions''.
(5) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 25B and inserting the following
new item:
``Sec. 25B. Elective deferrals, IRA contributions, and qualified
tuition program contributions by certain
individuals.''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made after December 31, 2009.
SEC. 4. INVESTMENT DIRECTION UNDER QUALIFIED TUITION PROGRAMS.
(a) In General.--Paragraph (4) of section 529(b) of the Internal
Revenue Code of 1986 (relating to investment direction) is amended by
striking the period at the end and inserting ``more frequently than 2
times per calendar year.''.
(b) Effective Date.--The amendments made by this section shall
apply to years beginning after December 31, 2008. | Savings Enhancement for Education in College Act - Amends the Internal Revenue Code to: (1) make permanent the allowance for payment of expenses for computer technology and equipment from qualified tuition programs; (2) allow a tax credit for contributions to such programs; and (3) allow limited direction of investment of contributions or earnings in a qualified tuition program. | To amend the Internal Revenue Code of 1986 to treat computer technology and equipment as eligible higher education expenses for 529 plans, to allow certain individuals a credit against income tax for contributions to 529 plans, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Amnesty and Opportunity Act
of 2003''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN UNDOCUMENTED AND NONIMMIGRANT
ALIENS.
(a) In General.--The Immigration and Nationality Act is amended by
inserting after section 210 the following new section:
``alien worker amnesty
``Sec. 210A. (a) Lawful Permanent Residence.--The Attorney General
shall adjust the status of an alien to that of an alien lawfully
admitted for permanent residence if the alien submits an application
and the Attorney General determines that the alien meets the following
requirements:
``(1) Presence in united states.--The alien maintained a
continuous physical presence in the United States for a period
of not less than 10 years immediately prior to the date of the
submission of an application under this section. For the
purposes of this section an alien shall be considered to have
failed to maintain continuous physical presence in the United
States for the purposes of this section if the alien has
departed from the United States for any period in excess of 90
days or for any periods in the aggregate exceeding 365 days.
``(2) Qualification.--The alien fulfills at least 1 of the
following qualifications:
``(A) Alien sponsored by a labor organization and
employed in an occupation with a worker shortage.--The
alien is employed in the United States in an occupation
which during the 2-year period prior to the date of the
submission of an application under this section has
experienced a shortage of workers and the application
of the alien under this section is sponsored by a labor
organization.
``(B) Alien eligible for admission as student at an
institution of higher education.--The alien is eligible
for admission as a student at an accredited institution
of higher education in the United States.
``(C) Age.--The alien has attained the age of 65
years.
``(3) Admissible as immigrant.--The alien is admissible to
the United States as an immigrant, except as otherwise provided
under subsection (b)(2).
``(b) Waiver of Numerical Limitations and Certain Grounds for
Exclusion.--
``(1) Numerical limitations.--The numerical limitations of
sections 201 and 202 shall not apply to the adjustment of
aliens to lawful permanent resident status under this section.
``(2) Grounds for exclusion.--With respect to the
determination of an alien's admissibility under subsection
(a)(3):
``(A) Not applicable.--The provisions of paragraphs
(6) and (7) of section 212(a) shall not apply.
``(B) Discretionary.--
``(i) In general.--Except as provided in
clause (ii), in the determination of such an
alien's admissibility, the Attorney General may
waive any other provision of section 212(a) in
the case of individual aliens for humanitarian
purposes, to assure family unity, or when it is
otherwise in the public interest.
``(ii) Grounds that may not be waived.--The
following provisions of section 212(a) may not
be waived by the Attorney General under clause
(i):
``(I) Paragraph (2)(A) and (2)(B)
(relating to criminals).
``(II) Paragraph (2)(C) (relating
to drug offenses), except for so much
of such paragraph as relates to a
single offense of simple possession of
30 grams or less of marihuana.
``(III) Paragraph (3) (relating to
security and related grounds), other
than subparagraph (E) thereof.
``(c) Temporary Stay of Exclusion or Deportation for Certain
Applicants.--The Attorney General shall provide that in the case of an
alien who presents a nonfrivolous application under subsection (a), and
until a final determination on the application has been made in
accordance with this section, the alien may not be excluded or
deported.
``(d) Temporary Work Authorization for Certain Applicants.--An
applicant under this section is not entitled to employment
authorization, but such authorization may be provided in the discretion
of the Attorney General.''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by inserting after the item relating to
section 210 the following new item:
``Sec. 210A. Alien worker amnesty.''. | Worker Amnesty and Opportunity Act of 2003 - Amends the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens who are: (1) alien workers in an employee-shortage occupation and sponsored by a labor organization; (2) eligible for admission at a U.S. institution of higher education; or (3) at least 65 years old. | To amend the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Artists' Contribution to American
Heritage Act of 2001''.
SEC. 2. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE
TAXPAYER.
(a) In General.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986 (relating to certain contributions of ordinary
income and capital gain property) is amended by adding at the end the
following new paragraph:
``(7) Special rule for certain contributions of literary,
musical, or artistic compositions.--
``(A) In general.--In the case of a qualified
artistic charitable contribution--
``(i) the amount of such contribution shall
be the fair market value of the property
contributed (determined at the time of such
contribution), and
``(ii) no reduction in the amount of such
contribution shall be made under paragraph (1).
``(B) Qualified artistic charitable contribution.--
For purposes of this paragraph, the term `qualified
artistic charitable contribution' means a charitable
contribution of any literary, musical, artistic, or
scholarly composition, or similar property, or the
copyright thereon (or both), but only if--
``(i) such property was created by the
personal efforts of the taxpayer making such
contribution no less than 18 months prior to
such contribution,
``(ii) the taxpayer--
``(I) has received a qualified
appraisal of the fair market value of
such property in accordance with the
regulations under this section, and
``(II) attaches to the taxpayer's
income tax return for the taxable year
in which such contribution was made a
copy of such appraisal,
``(iii) the donee is an organization
described in subsection (b)(1)(A),
``(iv) the use of such property by the
donee is related to the purpose or function
constituting the basis for the donee's
exemption under section 501 (or, in the case of
a governmental unit, to any purpose or function
described under subsection (c)),
``(v) the taxpayer receives from the donee
a written statement representing that the
donee's use of the property will be in
accordance with the provisions of clause (iv),
and
``(vi) the written appraisal referred to in
clause (ii) includes evidence of the extent (if
any) to which property created by the personal
efforts of the taxpayer and of the same type as
the donated property is or has been--
``(I) owned, maintained, and
displayed by organizations described in
subsection (b)(1)(A), and
``(II) sold to or exchanged by
persons other than the taxpayer, donee,
or any related person (as defined in
section 465(b)(3)(C)).
``(C) Maximum dollar limitation; no carryover of
increased deduction.--The increase in the deduction
under this section by reason of this paragraph for any
taxable year--
``(i) shall not exceed the artistic
adjusted gross income of the taxpayer for such
taxable year, and
``(ii) shall not be taken into account in
determining the amount which may be carried
from such taxable year under subsection (d).
``(D) Artistic adjusted gross income.--For purposes
of this paragraph, the term `artistic adjusted gross
income' means that portion of the adjusted gross income
of the taxpayer for the taxable year attributable to--
``(i) income from the sale or use of
property created by the personal efforts of the
taxpayer which is of the same type as the
donated property, and
``(ii) income from teaching, lecturing,
performing, or similar activity with respect to
property described in clause (i).
``(E) Paragraph not to apply to certain
contributions.--Subparagraph (A) shall not apply to any
charitable contribution of any letter, memorandum, or
similar property which was written, prepared, or
produced by or for an individual while the individual
is an officer or employee of any person (including any
government agency or instrumentality) unless such
letter, memorandum, or similar property is entirely
personal.
``(F) Copyright treated as separate property for
partial interest rule.--In the case of a qualified
artistic charitable contribution, the tangible
literary, musical, artistic, or scholarly composition,
or similar property and the copyright on such work
shall be treated as separate properties for purposes of
this paragraph and subsection (f)(3).''.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made after the date of the enactment of this Act in
taxable years ending after such date. | Artists' Contribution to American Heritage Act of 2001 - Amends the Internal Revenue Code to provide a fair market value (determined at time of contribution) deduction for charitable contributions of literary, musical, artistic, scholarly compositions, or the copyright created by a qualifying donor. Exempts certain non-personal letters and memorandum from such treatment.Limits such increased deduction to the donor's artistic adjusted income (as defined by this Act). | To amend the Internal Revenue Code of 1986 to provide that a deduction equal to fair market value shall be allowed for charitable contributions of literary, musical, artistic, or scholarly compositions created by the donor. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ratepayer Recovery Act of 2008''.
SEC. 2. DISASTER ASSISTANCE FOR POWER TRANSMISSION AND DISTRIBUTION
FACILITIES.
(a) Definitions.--Section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by
adding at the end the following:
``(11) Private or investor-owned power facility.--The term
`private or investor-owned power facility'--
``(A) means a privately-owned or investor-owned
transmission or distribution facility that provides
electric or natural gas service to retail customers
under State or local jurisdiction; and
``(B) includes leased facilities.''.
(b) Conditions for Contributions.--Section 406(a) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) subject to paragraph (4), to a person that
owns a private or investor-owned power facility damaged
or destroyed by a major disaster for the repair,
restoration, reconstruction, or replacement of the
facility and for associated expenses incurred by the
person.'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Conditions for assistance to private or investor-
owned power facilities.--
``(A) Definition.--In this paragraph, the term
`previous major disaster' means a major disaster--
``(i) occurring before the date of the
major disaster for which Federal assistance is
sought under this subsection; and
``(ii) that was declared by the President
not more than 10 years before the date on which
the President declared the major disaster for
which Federal assistance is sought under this
subsection.
``(B) Conditioned on previous event.--The President
may make contributions to the owner of a private or
investor-owned power facility under paragraph (1)(C)
for the repair, restoration, reconstruction, or
replacement of any facility damaged or destroyed as a
result of a major disaster, only if--
``(i) the facility damaged or destroyed as
a result of the major disaster was damaged or
destroyed by a previous major disaster;
``(ii) the cost of repairing, restoring,
reconstructing, or replacing the private or
investor-owned power facility damaged or
destroyed by the previous major disaster
exceeded $2,500 for each retail customer
receiving electrical or natural gas service
from the owner on the day before the date of
the previous major disaster;
``(iii) the total costs of repair,
restoration, reconstruction, or replacement of
all private or investor-owned power facilities
owned by such person and associated expenses
incurred by the person as a result of the
previous major disaster exceeded $500,000,000;
and
``(iv) 20 percent or more of the
population, based on the most recent census
data, of each geographic area in which the
private or investor-owned power facility is
located, had income that did not exceed the
poverty line (as defined in section 2110(c)(5)
of the Social Security Act (42 U.S.C.
1397jj(c)(5)) during the year before the
previous major disaster.
``(C) Application for funds.--A person that owns a
private or investor-owned power facility that meets the
requirements under subparagraph (B) may apply for
Federal assistance on or before the earlier of--
``(i) 30 days after the date on which the
President declares the major disaster for which
the person requests Federal assistance; and
``(ii) the date upon which person has
incurred costs of more than the greater of
$10,000,000 and \2/3\ of the average annual net
income of the person for the previous 3 fiscal
years relating to the repair, restoration,
reconstruction, or replacement of all private
or investor-owned power facilities owned by the
person that were damaged or destroyed as a
result of the major disaster for which the
person requests Federal assistance.
``(D) Amount of federal assistance for disaster
relief.--The owner of a private or investor-owned power
facility may receive assistance under paragraph (1)(C)
for the costs of repair, restoration, reconstruction,
or replacement of the facility and associated expenses
incurred by the person that exceed the greater of
$10,000,000 and the amount equal to \2/3\ of the
average annual net income of the person for the
previous 3 fiscal years.
``(E) Aggregation for purposes of determining
costs.--For purposes of determining the costs of a
previous major disaster under this paragraph, the owner
of the private or investor-owned power facility may
aggregate the costs of all previous major disasters
declared during any 12-month period.
``(F) Approval or disapproval of applications.--The
President shall approve or disapprove an application
for assistance submitted by a person under paragraph
(1)(C) for a private or investor-owned power facility
not later than 30 days after the date of receipt of the
application.''.
(c) Federal Share.--Section 406(b)(2) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(b)(2)) is
amended by striking ``public facility or private nonprofit facility''
and inserting ``public facility, private nonprofit facility, or private
or investor-owned power facility''.
(d) Large In-Lieu Contributions.--Section 406(c) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172(c)) is amended by adding at the end the following:
``(3) For private or investor-owned power facilities.--
``(A) In general.--If a person that owns a private
or investor-owned power facility determines that the
public welfare would not best be served by repairing,
restoring, reconstructing, or replacing the facility,
the person may elect to receive, in lieu of a
contribution under subsection (a)(1)(C), a contribution
in an amount equal to 75 percent of the Federal share
of the Federal estimate of the cost of repairing,
restoring, reconstructing, or replacing the facility
and of associated expenses, under the conditions
described in subsection (a)(4).
``(B) Use of funds.--Funds contributed to a person
under this paragraph may be used only within the area
affected as a result of the major disaster for which
the person requests Federal assistance to--
``(i) repair, restore, or expand other
private or investor-owned power facilities
owned by the person;
``(ii) construct a new private or investor-
owned power facility owned by the person; or
``(iii) fund hazard mitigation measures
that the person determines to be necessary to
meet a need for the services and functions of
the person in the area affected by the major
disaster.''.
(e) Eligible Cost.--Section 406(e)(1)(A) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A))
is amended by striking ``public facility or private nonprofit
facility'' and inserting ``public facility, private nonprofit facility,
or private or investor-owned power facility''.
SEC. 3. REGULATIONS.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Emergency Management Agency shall
promulgate regulations necessary to implement this Act and the
amendments made by this Act. | Ratepayer Recovery Act of 2008 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to cite conditions under which the President is authorized to make disaster assistance contributions for the repair, restoration, reconstruction, or replacement of private or investor-owned power transmission and distribution facilities damaged or destroyed by a major disaster.
Cites conditions for large in-lieu contributions to a private or investor-owned power facility if the owner determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility.
Restricts the use of such funds to the area affected as a result of the major disaster. | A bill to provide for disaster assistance for power transmission and distribution facilities, and for other purposes. |
SECTION 1. CHANGES IN THRESHOLD AND OTHER TESTS FOR DETERMINING AMOUNT
OF WAGES PAID TO AGRICULTURAL WORKERS THAT ARE SUBJECT TO
SOCIAL SECURITY AND MEDICARE TAXES.
(a) Increase in $150 Remuneration Threshold to $1,000 and Increase
in Total Farm Payroll Test.--
(1) Internal revenue code of 1986.--Subparagraph (B) of
section 3121(a)(8) of the Internal Revenue Code of 1986
(relating to definition of wages) is amended--
(A) in clause (i), by striking ``$150'' and
inserting ``$1,000''; and
(B) in clause (ii), by striking ``$2500'' and
inserting ``$50,000''.
(2) Social security act.--Subparagraph (B) of section
209(a)(7) of the Social Security Act (42 U.S.C. 409(a)(7)(B))
(relating to definition of wages) is amended--
(A) in clause (i), by striking ``$150'' and
inserting ``$1,000''; and
(B) in clause (ii), by striking ``$2500'' and
inserting ``$50,000''.
(b) Adjustment for Inflation.--
(1) Internal revenue code of 1986.--Subsection (i) of
section 3121 of the Internal Revenue Code of 1986 (relating to
computation of wages in certain cases) is amended by adding at
the end the following new paragraph:
``(6) Agricultural labor.--
``(A) In general.--For purposes of this chapter, in
the case of agricultural labor referred to in
subsection (a)(8), in the case of a calendar year after
2003, the $1,000 amount contained in subparagraph
(B)(i), and the $50,000 amount contained in
subparagraph (B)(ii), shall each be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins
by substituting `calendar year 2002' for
`calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any increase determined under
subparagraph (A) is not a multiple of $50, such
increase shall be rounded to the next lowest multiple
of $50.''.
(2) Social security act.--Section 209 of the Social
Security Act (42 U.S.C. 409) is amended by adding at the end
the following new subsection:
``(l)(1) For purposes of this title, in the case of agricultural
labor referred to in subsection (a)(7), in the case of a calendar year
after 2003, the $1,000 amount contained in subparagraph (B)(i), and the
$50,000 amount contained in subparagraph (B)(ii), shall each be
increased in the same manner as the $1,000 amount and the $50,000
amount, respectively, contained in section 3121(a)(8)(B) of the
Internal Revenue Code of 1986 are increased pursuant to section
3121(i)(6) of such Code.''.
(c) Exemption for Service Performed by Certain Full-Time
Students.--
(1) Internal revenue code of 1986.--Section 3121(b) of the
Internal Revenue Code of 1986 (relating to definition of
employment) is amended by striking ``or'' at the end of
paragraph (20), by striking the period at the end of paragraph
(21) and inserting ``; or'', and by adding at the end the
following new paragraph:
``(22) agricultural labor performed by a full-time student
who has not attained 18 years of age.''.
(2) Social security act.--Section 210(a) of the Social
Security Act (42 U.S.C. 410(a)) is amended--
(A) by striking ``or'' at the end of paragraph
(20),
(B) by striking the period at the end of paragraph
(21) and inserting ``; or'', and
(C) by inserting after paragraph (21) the following
new paragraph:
``(22) Agricultural labor performed by a full-time student
who has not attained 18 years of age.''.
(d) Effective Date.--The amendments made by this section shall
apply to remuneration paid after December 31, 2003.
SEC. 2. COORDINATION OF COLLECTION OF AGRICULTURAL LABOR EMPLOYMENT
TAXES WITH COLLECTION OF INCOME TAXES.
(a) In General.--Subsection (c) of section 3510 of the Internal
Revenue Code of 1986 (relating to coordination of collection of
domestic service employment taxes with collection of income taxes) is
amended to read as follows:
``(c) Eligible Employment Taxes.--
``(1) In general.--For purposes of this section, the term
`eligible employment taxes' means--
``(A) domestic service employment taxes, and
``(B) agricultural labor employment taxes.
``(2) Domestic service employment taxes.--For purposes of
paragraph (1), the term `domestic service employment taxes'
means--
``(A) any taxes imposed by chapter 21 or 23 on
remuneration paid for domestic service in a private
home of the employer, and
``(B) any amount withheld from such remuneration
pursuant to an agreement under section 3402(p).
For purposes of this paragraph, the term `domestic service in a
private home of the employer' includes domestic service
described in section 3121(g)(5).
``(3) Agricultural labor employment taxes.--For purposes of
paragraph (1), the term `agricultural labor employment taxes'
means--
``(A) any taxes imposed by chapter 21 or 23 on
remuneration paid for agricultural labor, and
``(B) any amount withheld from such remuneration
pursuant to an agreement under section 3402(p).
For purposes of this paragraph, the term `agricultural labor'
has the meaning provided in section 3121(g).''.
(b) Conforming Amendments.--
(1) The heading of section 3510 of such Code is amended by
inserting ``AND AGRICULTURAL LABOR'' after ``DOMESTIC
SERVICE''.
(2) Subsections (a)(1), (b)(1), (e), and (f)(1) of such
section are each amended by striking ``domestic service
employment taxes'' and inserting ``eligible employment taxes''.
(3) The heading of subsection (b) of such section is
amended by striking ``Domestic Service'' and inserting
``Eligible''.
(4) Subsection (d) and the first sentence of subsection
(f)(1) of such section are each amended by inserting before the
period at the end the following: ``or for agricultural labor''.
(5) Subsection (e) of such section is amended by inserting
before the period at the end the following: ``and agricultural
labor employers' income taxes''.
(c) Effective Date.--The amendments made by this section shall
apply to remuneration paid after December 31, 2003. | Amends the Internal Revenue Code and the Social Security Act to increase the cash remuneration or employer expenditure thresholds for agricultural labor wage purposes.Exempts from the definition of "employment" for employer tax purposes agricultural labor performed by a full-time student under 18 years old.Amends the Code to provide for collection coordination of agricultural labor employment tax and income tax. | To amend the Internal Revenue Code of 1986 to change certain threshold and other tests in order to decrease the amount of farm labor wages that are subject to Social Security and Medicare taxes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tools for Community Initiatives
Act''.
SEC. 2. ESTABLISHMENT.
There is established in the Executive Office of the President the
Office of Faith-Based and Community Initiatives (hereafter referred to
as ``the Office'').
SEC. 3. DIRECTOR.
(a) Director.--The head of the Office shall be the Director of the
Office of Faith-Based and Community Initiatives, who shall be appointed
by the President.
(b) Pay of Director.--Section 5314 of title 5, United States Code,
is amended by inserting after the item relating to the Administrator of
the Centers for Medicare & Medicaid Services the following new item:
``Director of the Office of Faith-Based and Community
Initiatives.''.
(c) Interim Director.--The individual serving as the Director of
the Office of Faith-Based and Community Initiatives on the date of the
enactment of this Act may serve as Interim Director until such time as
a Director is appointed by the President in accordance with subsection
(a).
SEC. 4. RESPONSIBILITIES.
(a) In General.--The Director shall encourage faith-based and
community initiatives and work to eliminate improper Federal barriers
so as to allow faith-based and community entities to compete for
Federal funding to the fullest opportunity permitted by law.
(b) Specific Duties.--In carrying out the responsibilities of the
Office, the Director shall--
(1) develop, lead, and coordinate policies with respect to
faith-based and community initiatives;
(2) support faith-based and community initiatives,
especially those serving at-risk youth, ex-offenders, the
homeless and hungry, substance abusers, those with HIV and
AIDS, and welfare-to-work families;
(3) work to expand the role of faith-based and community
initiatives through executive action, legislation, regulation,
and Federal and private funding;
(4) ensure that the policy decisions made by the
administration and the Federal Government are consistent with
stated goals with respect to faith-based and community
initiatives;
(5) help to integrate policies affecting faith-based and
other community organizations across the Federal Government;
(6) coordinate public education activities designed to
mobilize public support for faith-based and community
initiatives by encouraging volunteerism, special projects,
demonstration pilots, and public-private partnerships;
(7) encourage private charitable giving to support faith-
based and community initiatives;
(8) advise the President on options and ideas to assist,
strengthen, and replicate successful faith-based and community
initiatives;
(9) provide policy and legal education to State, local, and
community policymakers and public officials seeking ways to
support and encourage faith-based and community initiatives;
(10) develop and implement strategic initiatives in keeping
with policies that will strengthen families, communities, and
the institutions of civil society;
(11) showcase and herald innovative grassroots nonprofit
organizations and civic initiatives;
(12) work to eliminate unnecessary legislative and
regulatory barriers which impede the efforts of faith-based and
community initiatives to solve social problems;
(13) monitor the implementation of policies with respect to
faith-based and community initiatives by the Centers for Faith-
Based and Community Initiatives established within certain
departments and agencies of the Federal Government; and
(14) work to establish high standards of excellence and
accountability for faith-based and community initiatives.
SEC. 5. ADMINISTRATION.
(a) Officers.--The President shall assign to the Office such
officers in addition to the Director, if any, as the President, in
consultation with the Director, considers appropriate to discharge the
responsibilities of the Office.
(b) Staff.--The Director may appoint such employees as necessary to
carry out the functions of the Office.
(c) Resources.--The President shall, in consultation with the
Director, assign or allocate to the Office such resources, including
funds and other resources, as the President considers appropriate in
order to facilitate the discharge of the responsibilities of the
Office.
(d) Other Departments and Agencies.--
(1) Designated department or agency liaison.--
(A) In general.--The head of each designated
department or agency shall designate a liaison who
shall be responsible for coordinating the activities of
that department or agency with the Office.
(B) Designated department or agency.--For the
purposes of this paragraph, ``designated department or
agency'' means a department or agency of the Federal
Government with a Center for Faith-Based and Community
Initiatives, and shall include the following
departments and agencies:
(i) The Department of Education.
(ii) The Department of Labor.
(iii) The Department of Justice.
(iv) The Department of Health and Human
Services.
(v) The Department of Housing and Urban
Development.
(vi) The Department of Agriculture.
(vii) The Agency for International
Development.
(viii) The Department of Commerce.
(ix) The Department of Veterans Affairs.
(x) The Small Business Administration.
(2) Obtaining official data.--The Office may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
request of the Director, the head of that department or agency
shall furnish that information to the Office. | Tools for Community Initiatives Act - Establishes the Office of Faith-Based and Community Initiatives (the Office) in the Executive Office of the President. Requires the Director of the Office to encourage faith-based and community initiatives and work to eliminate improper Federal barriers so as to allow faith-based and community entities to compete for Federal funding to the fullest opportunity permitted by law, including by: (1) developing, leading, and coordinating policies with respect to such initiatives; (2) coordinating public education activities designed to mobilize public support for such initiatives; (3) advising the President on options and ideas to assist, strengthen, and replicate successful initiatives; (4) developing and implementing strategic initiatives in keeping with policies that will strengthen families, communities, and the institutions of civil society; and (5) working to eliminate unnecessary legislative and regulatory barriers which impede the efforts of such initiatives to solve social problems.
Requires the heads of the Departments of Education, Labor, Justice, Health and Human Services, Housing and Urban Development, Agriculture, Commerce, and Veteran Affairs, the Agency for International Development, and the Small Business Administration to designate a liaison to coordinate the activities of the department or agency with the Office. | To establish the Office of Faith-Based and Community Initiatives. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrity of the United States
Courts Act of 2000''.
SEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL DECISIONS.
(a) In General.--Subtitle A of title IV of the North American Free
Trade Agreement Implementation Act (19 U.S.C. 3431 et seq.) is amended
by inserting after section 404 the following new section:
``SEC. 404A. REVIEW OF BINATIONAL PANEL DETERMINATIONS.
``(a) Basis for Review in Court of International Trade.--If, within
30 days after publication in the Federal Register of notice that a
binational panel has issued a determination following a review under
article 1904 of a decision of a competent investigating authority in
the United States, a party or person within the meaning of paragraph 5
of article 1904 alleges that--
``(1)(A) a member of a panel was guilty of a gross
misconduct, bias, or a serious conflict of interest, or
otherwise materially violated the rules of conduct,
``(B) the panel seriously departed from a fundamental rule
of procedure, or
``(C) the panel manifestly exceeded its powers, authority,
or jurisdiction set out in article 1904, as in failing to apply
the appropriate standard of review, and
``(2) any of the actions described in paragraph (1) has
materially affected the panel's decision and threatens the
integrity of the binational panel review process,
then such party or person may file an appeal with the United States
Court of International Trade, seeking review of the binational panel
determination, pursuant to section 516A of the Tariff Act of 1930.
``(b) Decisions of the Court.--In any appeal filed under subsection
(a) for review of a binational panel determination, the Court of
International Trade shall, after examining the legal and factual
analysis underlying the findings and conclusions of the panel's
decision, determine whether any of the actions described in subsection
(a)(1) has been established. If the court finds that any of those
actions has been established, the court shall vacate the original panel
decision and enter judgment accordingly. If the actions are not
established, the court shall affirm the original binational panel
decision. Decisions of the Court of International Trade under this
section shall be binding on the parties with respect to the matters
between the parties that were before the panel.
``(c) Exclusive Jurisdiction.--If a party or person within the
meaning of paragraph 5 of article 1904 timely files a notice of appeal
to the Court of International Trade pursuant to this section, then
jurisdiction exclusively resides with the United States Court of
International Trade, and such determinations are not subject to review
by an extraordinary challenge committee under paragraph 13 of article
1904.
``(d) Applicability.--This section applies to all goods from NAFTA
countries which were subject to an antidumping duty or countervailing
duty determination of a competent investigating authority in the United
States.''.
(b) Conforming Amendment.--The table of contents of the North
American Free Trade Implementation Act is amended by inserting after
the item relating to section 404 the following:
``Sec. 404A. Review of binational panel determinations.''.
SEC. 3. JURISDICTION OF THE COURT OF INTERNATIONAL TRADE.
Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is
amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)(i)(I), by striking ``or
(viii)'' and inserting ``(viii), or (ix)''; and
(B) in subparagraph (B), by adding at the end the
following:
``(ix) A final determination of a
binational panel convened pursuant to article
1904 of the NAFTA.'';
(2) in subsection (a)(5), in the matter preceding
subparagraph (A), by inserting ``(other than a determination
described in subsection (g)(3)(A)(vii))'' after ``apply''; and
(3) in subsection (g)(3)(A)--
(A) in clause (v), by striking ``or'' at the end;
(B) in clause (vi), by striking the period and
inserting ``, or''; and
(C) by adding at the end the following:
``(vii) a determination which either a
party or person within the meaning of paragraph
5 of article 1904 of the NAFTA has requested
review pursuant to section 404A of the North
American Free Trade Agreement Implementation
Act.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to any final
determination of a binational panel convened pursuant to article 1904
of the North American Free Trade Agreement, notice of which is
published in the Federal Register on or after the date of the enactment
of this Act. | Amends the Tariff Act of 1930 to grant the U.S. Court of International Trade jurisdiction over the review of a final determination of such a binational panel. | Integrity of the United States Courts Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mortgage Insurance Fairness Act of
2005''.
SEC. 2. PREMIUMS FOR MORTGAGE INSURANCE.
(a) In General.--Paragraph (3) of section 163(h) of the Internal
Revenue Code of 1986 (relating to qualified residence interest) is
amended by adding after subparagraph (D) the following new
subparagraph:
``(E) Mortgage insurance premiums treated as
interest.--
``(i) In general.--Premiums paid or accrued
for qualified mortgage insurance by a taxpayer
during the taxable year in connection with
acquisition indebtedness with respect to a
qualified residence of the taxpayer shall be
treated for purposes of this subsection as
qualified residence interest.
``(ii) Phaseout.--The amount otherwise
allowable as a deduction under clause (i) shall
be reduced (but not below zero) by 10 percent
of such amount for each $1,000 ($500 in the
case of a married individual filing a separate
return) (or fraction thereof) that the
taxpayer's adjusted gross income for the
taxable year exceeds $100,000 ($50,000 in the
case of a married individual filing a separate
return).''.
(b) Definition and Special Rules.--Paragraph (4) of section 163(h)
of the Internal Revenue Code of 1986 (relating to qualified residence
interest) is amended by adding at the end the following new
subparagraphs:
``(E) Qualified mortgage insurance.--The term
`qualified mortgage insurance' means--
``(i) mortgage insurance provided by the
Veterans Administration, the Federal Housing
Administration, or the Rural Housing
Administration, and
``(ii) private mortgage insurance (as
defined by section 2 of the Homeowners
Protection Act of 1998 (12 U.S.C. 4901), as in
effect on the date of the enactment of this
subparagraph).
``(F) Special rules for prepaid qualified mortgage
insurance.--Any amount paid by the taxpayer for
qualified mortgage insurance that is properly allocable
to any mortgage the payment of which extends to periods
that are after the close of the taxable year in which
such amount is paid shall be chargeable to capital
account and shall be treated as paid in such periods to
which so allocated. No deduction shall be allowed for
the unamortized balance of such account if such
mortgage is satisfied before the end of its term. The
preceding sentences shall not apply to amounts paid for
qualified mortgage insurance provided by the Veterans
Administration or the Rural Housing Administration.''.
SEC. 3. INFORMATION RETURNS RELATING TO MORTGAGE INSURANCE.
Section 6050H of the Internal Revenue Code of 1986 (relating to
information returns relating to mortgage interest) is amended by adding
at the end the following new subsection:
``(h) Returns Relating to Mortgage Insurance Premiums.--
``(1) In general.--The Secretary may prescribe, by
regulations, that any person who, in the course of a trade or
business, receives from any individual premiums for mortgage
insurance aggregating $600 or more for any calendar year shall
make a return with respect to each such individual. Such return
shall be in such form, shall be made at such time, and shall
contain such information as the Secretary may prescribe.
``(2) Statement to be furnished to individuals with respect
to whom information is required.--Every person required to make
a return under paragraph (1) shall furnish to each individual
with respect to whom a return is made a written statement
showing such information as the Secretary may prescribe. Such
written statement shall be furnished on or before January 31 of
the year following the calendar year for which the return under
paragraph (1) was required to be made.
``(3) Special rules.--For purposes of this subsection--
``(A) rules similar to the rules of subsection (c)
shall apply, and
``(B) the term `mortgage insurance' means--
``(i) mortgage insurance provided by the
Veterans Administration, the Federal Housing
Administration or the Rural Housing
Administration, and
``(ii) private mortgage insurance (as
defined by section 2 of the Homeowners
Protection Act of 1998 (12 U.S.C. 4901), as in
effect on the date of the enactment of this
subparagraph.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to amounts paid or
accrued after the date of enactment of this Act in taxable years ending
after such date. | Mortgage Insurance Fairness Act of 2005 - Amends the Internal Revenue Code to allow a tax deduction for mortgage insurance premiums. Reduces the amount of such deduction for taxpayers with adjusted gross incomes exeeding $100,000.
Authorizes the Secretary of the Treasury to require informational returns from any individual who receives payment of more than $600 in mortgage insurance premiums. | To amend the Internal Revenue Code of 1986 to allow a deduction for premiums on mortgage insurance, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Pell Promise Act''.
SEC. 2. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM.
Subpart 1 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070a et seq.) is amended by adding at the end the
following:
``SEC. 401B. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM.
``(a) Program Authority.--The Secretary is authorized to carry out
an Early Federal Pell Grant Commitment Program (referred to in this
section as the `Program') under which the Secretary shall--
``(1) award grants to State educational agencies to pay the
administrative expenses incurred in participating in the
Program; and
``(2) make a commitment to award Federal Pell Grants to
eligible students in accordance with this section.
``(b) Program Requirements.--The Program shall meet the following
requirements:
``(1) Eligible students.--
``(A) In general.--A student shall be eligible to
receive a commitment from the Secretary to receive a
Federal Pell Grant early in the student's academic
career if the student--
``(i) is in 8th grade; and
``(ii) is eligible for a free or reduced
price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et
seq.).
``(2) Federal pell grant commitment.--
``(A) In general.--Except as provided in
subparagraph (B), each eligible student who
participates in the Program shall receive a commitment
from the Secretary to receive a Federal Pell Grant
during the first 2 academic years that the student is
in attendance at an institution of higher education as
an undergraduate student, if the student--
``(i) applies for Federal financial aid
(via the FAFSA) during the student's senior
year of secondary school and during the
succeeding academic year; and
``(ii) enrolls at such institution of
higher education--
``(I) not later than 3 years after
such student receives a secondary
school diploma or its recognized
equivalent; or
``(II) if such student becomes a
member of the Armed Forces, not later
than 3 years after such student is
discharged, separated, or released from
the Armed Forces.
``(B) Exception to commitment.--If an eligible
student receives a commitment from the Secretary to
receive a Federal Pell Grant during the first 2
academic years that the student is in attendance at an
institution of higher education as an undergraduate
student and the student applies for Federal financial
aid (via the FAFSA) during the student's senior year of
secondary school or during the succeeding academic
year, and the expected family contribution of the
student for either of such years is more than 2 times
the threshold amount for Federal Pell Grant eligibility
for such year, then such student shall not receive a
Federal Pell Grant under this section for the
succeeding academic year. Such student shall continue
to be eligible for any other Federal student financial
aid for which the student is otherwise eligible.
``(3) Applicability of federal pell grant requirements.--
The requirements of section 401 shall apply to Federal Pell
Grants awarded pursuant to this section, except that with
respect to each eligible student who participates in the
Program and is not subject the exception under paragraph
(2)(B), the amount of each such eligible student's Federal Pell
Grant only shall be calculated by deeming such student to have
an expected family contribution equal to zero.
``(c) State Educational Agency Applications.--
``(1) In general.--Each State educational agency desiring
to participate in the Program shall submit an application to
the Secretary at such time and in such manner as the Secretary
may require.
``(2) Contents.--Each application shall include--
``(A) a description of the proposed targeted
information campaign for the Program and a copy of the
plan described in subsection (e)(2);
``(B) an assurance that the State educational
agency will fully cooperate with the ongoing evaluation
of the Program; and
``(C) such other information as the Secretary may
require.
``(d) Evaluation.--
``(1) In general.--From amounts appropriated under
subsection (f) for a fiscal year, the Secretary shall reserve
not more than $1,000,000 to award a grant or contract to an
organization outside the Department for an independent
evaluation of the impact of the Program.
``(2) Competitive basis.--The grant or contract shall be
awarded on a competitive basis.
``(3) Matters evaluated.--The evaluation described in this
subsection shall consider metrics established by the Secretary
that emphasize college access and success, encouraging low-
income students to pursue higher education, and the cost
effectiveness of the program.
``(4) Dissemination.--The findings of the evaluation shall
be widely disseminated to the public by the organization
conducting the evaluation as well as by the Secretary.
``(e) Targeted Information Campaign.--
``(1) In general.--Each State educational agency receiving
a grant under this section shall, in cooperation with the
participating local educational agencies within the State and
the Secretary, develop a targeted information campaign for the
Program.
``(2) Plan.--Each State educational agency receiving a
grant under this section shall include in the application
submitted under subsection (c) a written plan for their
proposed targeted information campaign. The plan shall include
the following:
``(A) Outreach.--Outreach to students and their
families, at a minimum, at the beginning and end of
each academic year.
``(B) Distribution.--How the State educational
agency plans to provide the outreach described in
subparagraph (A) and to provide the information
described in subparagraph (C).
``(C) Information.--The annual provision by the
State educational agency to all students and families
participating in the Program of information regarding--
``(i) the estimated statewide average
higher education institution cost data for each
academic year, which cost data shall be
disaggregated by--
``(I) type of institution,
including--
``(aa) 2-year public
colleges;
``(bb) 4-year public
colleges;
``(cc) 4-year private
colleges; and
``(dd) private, for-profit
colleges; and
``(II) component, including--
``(aa) tuition and fees;
and
``(bb) room and board;
``(ii) Federal Pell Grants, including--
``(I) the maximum Federal Pell
Grant for each academic year;
``(II) when and how to apply for a
Federal Pell Grant; and
``(III) what the application
process for a Federal Pell Grant
requires;
``(iii) State-specific college savings
programs;
``(iv) State-based financial aid, including
State-based merit aid; and
``(v) Federal financial aid available to
students, including eligibility criteria for
the Federal financial aid and an explanation of
the Federal financial aid programs.
``(3) Annual information.--The information described in
paragraph (2)(C) shall be provided to eligible students
annually for the duration of the students' participation in the
Program.
``(4) Reservation.--Each State educational agency receiving
a grant under this section shall reserve $200,000 of the grant
funds received each fiscal year to carry out the targeted
information campaign described in this subsection.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be
necessary.''. | Early Pell Promise Act This bill amends the Higher Education Act of 1965 to authorize the Department of Education to carry out a program of grants to state educational agencies (SEAs) under which a student who is in eighth grade and is eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act may be provided a commitment to receive a Federal Pell Grant early in the student's academic career. Pursuant to such a commitment, the student receives a Pell Grant during the first two years of attendance at an institution of higher education (IHE) as an undergraduate if the student: files the FAFSA form during the senior year of secondary school and the succeeding year, and enrolls at the IHE not later than three years after receiving a secondary school diploma or after release from the Armed Forces. A student may not receive the early Pell Grant for a succeeding year if the expected family contribution for either year is more than twice the threshold amount for Pell Grant eligibility for that year. Funds are reserved for an independent evaluation of the program's impact. In order to participate in the program, an SEA must develop a targeted information campaign and include in the plan for that campaign cost data disaggregated by institution type and information on both state and federal financial aid. | Early Pell Promise Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep America Healthy Act of 2005''.
SEC. 2. OPTIONAL MEDICAID COVERAGE OF UNINSURED, POOR ADULTS.
(a) Availability of Medicaid Coverage for Uninsured, Poor Adults.--
(1) Addition of optional coverage group.--Section
1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C.
1396a(a)(10)(A)(ii)) is amended--
(A) by striking ``or'' at the end of subclause
(XVII);
(B) by striking the semicolon at the end of
subclause (XVIII) and inserting ``, or''; and
(C) by adding at the end the following new
subclause:
``(XIX) described in subsection
(cc);''.
(2) Eligibility standards for new eligibility group.--
Section 1902 of such Act is further amended by adding at the
end the following new subsection:
``(cc) Coverage of Uninsured, Poor Adults.--For purposes of
subsection (a)(10)(A)(ii)(XIX), individuals described in this
subsection are individuals who meet the following requirements:
``(1) Age.--The individual is at least 21 years of age but
is under 65 years of age.
``(2) Income.--The income of the individual's family does
not exceed a percentage (not to exceed 200 percent) specified
by the State of the poverty line (as defined in section
2110(c)(5)) applicable to a family of the size involved and, at
the option of a State, the individual's resources do not exceed
such resource level as the State may establish, so long as such
resource level is not more restrictive than the resources an
individual may have and obtain benefits under the supplemental
security income program under title XVI.''.
(b) Provision of Enhanced Federal Medical Assistance as Incentive
for States to Increase Coverage.--
(1) Application of enhanced federal medical assistance
percentage.--Section 1905(b)(4) of such Act (42 U.S.C.
1396d(b)(4)) is amended by inserting ``or section
1902(a)(10)(A)(ii)(XIX)'' after ``section
1902(a)(10)(A)(ii)(XVIII)''.
(2) Increase in medicaid payment limit for territories to
accommodate expanded coverage for residents of puerto rico, the
virgin islands, guam, american samoa, and the northern mariana
islands.--Section 1108 of such Act (42 U.S.C. 1308) is
amended--
(A) in subsection (f), by striking ``subsection
(g)'' and inserting ``subsections (g) and (h)''; and
(B) by adding at the end the following new
subsection:
``(h) Increase in Medicaid Payment Limit to Accommodate Expanded
Coverage Under the Keep America Healthy Act.--
``(1) Fiscal year 2006 and thereafter.--With respect to
fiscal year 2006 and each succeeding fiscal year, if Puerto
Rico, the Virgin Islands, Guam, the Northern Mariana Islands,
or American Samoa provides for coverage of individuals under
section 1902(a)(10)(A)(ii)(XIX) in a fiscal year, the amounts
otherwise determined for the respective territory under
subsections (f) and (g) for such fiscal year shall be increased
by a percentage (estimated by the Secretary) equal to 120
percent of the State average Keep America Healthy percentage,
estimated by the Secretary under paragraph (2) for the fiscal
year involved.
``(2) Annual estimation of state average keep america
healthy percentage.--For each such fiscal year the Secretary
shall estimate a State average Keep America Healthy percentage
equal to (A) the total Federal payments under title XIX for the
fiscal year for the 50 States and the District of Columbia that
are attributable to individuals made eligible for benefits
under section 1902(a)(10)(A)(ii)(XIX), divided by (B) the total
Federal payments under such title the fiscal year for such
States and District.''.
(c) Conforming and Technical Amendments.--(1) Section 1903(f)(4) of
such Act (42 U.S.C. 1396b(f)(4)) is amended by inserting
``1902(a)(10)(A)(ii)(XIX),'' after ``1902(a)(10)(A)(ii)(XVIII),''.
(2) Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is amended, in
the matter before paragraph (1)--
(A) by striking ``or'' at the end of clause (xii);
(B) by adding ``or'' at the end of clause (xiii); and
(C) by inserting after clause (xiii) the following new
clause:
``(xiv) individuals described in section
1902(cc),''.
(3) Section 1905(u)(4) of such Act (42 U.S.C. 1396d(u)(4)) is
amended by inserting before the period at the end the following: ``for
individuals not covered under section 1902(a)(10)(A)(ii)(XIX)''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2005. | Keep America Healthy Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to make a new optional Medicaid eligibility group for individuals between ages 21 and 65 whose family income does not exceed a State-specified percentage up to 200 percent of the applicable poverty line. Authorizes the State also to require the individual's resources not to exceed whatever level the State may establish, so long as it is not more restrictive than the requirements of SSA title XVI (Supplemental Security Income). Provides for the application to such new group of the enhanced Federal medical assistance percentage dtermined under SSA title XXI (State Children's Health Insurance Program) (SCHIP).
Amends SSA title XI to provide for an increase in the Medicaid payment limit for territories to accommodate expanded coverage for residents of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. | To amend title XIX of the Social Security Act to permit States to expand Medicaid eligibility to uninsured, poor adults. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Baseline Reform Act of 1994''.
SEC. 2. THE BASELINE.
(a) Except for purposes of adjusting the discretionary spending
limits set forth in section 601(a)(2) of the Congressional Budget Act
of 1974, section 257(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended--
(1) in the second sentence of paragraph (1), by striking
``sequentially and cumulatively'' and by striking ``for
inflation as specified in paragraph (5),''; and
(2) and by redesignating paragraph (6) as paragraph (5).
(b) Section 1109(a) of title 31, United States Code, is amended by
adding after the first sentence the following new sentence: ``These
estimates shall not include an adjustment for inflation for programs
and activities subject to discretionary appropriations.''.
SEC. 3. THE PRESIDENT'S BUDGET.
(a) Paragraph (5) of section 1105(a) of title 31, United States
Code, is amended to read as follows:
``(5) except as provided in subsection (b) of this section,
estimated expenditures and appropriations for the current year
and estimated expenditures and proposed appropriations the
President decides are necessary to support the Government in
the fiscal year for which the budget is submitted and the 4
fiscal years following that year;''.
(b) Section 1105(a)(6) of title 31, United States Code, is amended
by inserting ``current fiscal year and the'' before ``fiscal year''.
(c) Section 1105(a)(12) of title 31, United States Code, is amended
by striking ``and'' at the end of subparagraph (A), by striking the
period and inserting ``; and'' at the end of subparagraph (B), and by
adding at the end the following new subparagraph:
``(C) the estimated amount for the same activity (if any)
in the current fiscal year.''.
(d) Section 1105(a)(18) of title 31, United States Code, is amended
by inserting ``new budget authority and'' before ``budget outlays''.
(e) Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following new paragraph:
``(30) a comparison of levels of estimated expenditures and
proposed appropriations for each function and subfunction in
the current fiscal year and the fiscal year for which the
budget is submitted, along with the proposed increase or
decrease of spending in percentage terms for each function and
subfunction.''.
SEC. 4. THE CONGRESSIONAL BUDGET.
Section 301(e) of the Congressional Budget Act of 1974 is amended
by--
(1) inserting after the second sentence the following:
``The starting point for any deliberations in the Committee on
the Budget of each House on the concurrent resolution on the
budget for the next fiscal year shall be the estimated level of
outlays for the current year in each function and subfunction.
Any increases or decreases in the Congressional budget for the
next fiscal year shall be from such estimated levels.''; and
(2) striking paragraph (8) and redesignating paragraphs (9)
and (10) as paragraphs (10) and (11), respectively, and by
inserting after paragraph (7) the following new paragraphs:
``(8) a comparison of levels for the current fiscal year
with proposed spending and revenue levels for the subsequent
fiscal years along with the proposed increase or decrease of
spending in percentage terms for each function and subfunction;
and
``(9) information, data, and comparisons indicating the
manner in which and the basis on which, the committee
determined each of the matters set forth in the concurrent
resolution, including information on outlays for the current
fiscal year and the decisions reached to set funding for the
subsequent fiscal years;''.
SEC. 5. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES.
(a) The first sentence of section 202(f)(1) of the Congressional
Budget Act of 1974 is amended to read as follows: ``On or before
February 15 of each year, the Director shall submit to the Committees
on the Budget of the House of Representatives and the Senate a report
for the fiscal year commencing on October 1 of that year with respect
to fiscal policy, including (A) alternative levels of total revenues,
total new budget authority, and total outlays (including related
surpluses and deficits) compared to comparable levels for the current
year and (B) the levels of tax expenditures under existing law, taking
into account projected economic factors and any changes in such levels
based on proposals in the budget submitted by the President for such
fiscal year.''.
(b) Section 202(f)(1) of the Congressional Budget Act of 1974 is
amended by inserting after the first sentence the following new
sentence: ``That report shall also include a table on sources of
spending growth under current law in total mandatory spending for the
budget year and the ensuing 4 fiscal years, which shall include changes
in outlays attributable to the following: cost-of-living adjustments;
changes in the number of program recipients; increases in medical care
prices, utilization and intensity of medical care; and residual
factors.''.
(c) Section 308(a)(1) of the Congressional Budget Act of 1974 is
amended--
(1) in subparagraph (C), by inserting ``, and shall include
a comparison of those levels to comparable levels for the
current fiscal year'' before ``if timely submitted''; and
(2) by striking ``and'' at the end of subparagraph (C), by
striking the period and inserting ``; and'' at the end of
subparagraph (D), and by adding at the end the following new
subparagraph:
``(E) comparing the levels in existing programs in
such measure to the estimated levels for the current
fiscal year.''
(d) Title IV of the Congressional Budget Act of 1974 is amended by
adding at the end the following new section:
``gao reports to budget committees
``Sec. 408. On or before January 15 of each year, the Comptroller
General, after consultation with appropriate committees of the House of
Representatives and Senate, shall submit to the Congress a report
listing all programs and activities with permanent appropriations or
that fall within the definition of spending authority under section
401(c)(2).''.
(e) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 407 the
following new item:
``Sec. 408. GAO reports to budget committees.''. | Baseline Reform Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to declare that the estimated budget outlays submitted to the Congress by the President each year shall not include an inflation adjustment for programs and activities subject to discretionary appropriations.
Requires the President's budget to include: (1) estimated expenditures and appropriations for the current year; and (2) a certain comparison of levels of estimated expenditures and proposed appropriations that includes the proposed increase or decrease in spending in percentage terms.
Amends the Congressional Budget Act of 1974 to make conforming changes to the development of the concurrent resolution on the budget. Declares that: (1) the starting point for any deliberations in the Committee on the Budget of each House on the budget resolution for the next fiscal year shall be the estimated level of outlays for the current year in each function and subfunction; and (2) any increases or decreases in the congressional budget for the next fiscal year shall be from such estimated levels.
Requires the Congressional Budget Office (CBO) to include in reports to budget committees certain current year comparisons and a table on sources of spending growth under current law in total mandatory spending for the budget year and the ensuing four fiscal years.
Requires the CBO to include in cost estimates of pending legislation a comparison of prior year spending levels to current year levels.
Requires the Comptroller General to report annually to the Congress all programs and activities with permanent appropriations or that fall within a specified definition of spending authority. | Baseline Reform Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Tax Credit Improvement Act''.
SEC. 2. EXPANSION OF THE CHILD TAX CREDIT.
(a) Increase in Amount of Credit for Young Children.--Subsection
(a) of section 24 of the Internal Revenue Code of 1986 is amended to
read as follows:
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the sum of--
``(1) with respect to each qualifying child of the taxpayer
who has attained 6 years of age by the close of the taxable
year and for which the taxpayer is allowed a deduction under
section 151, $1,000, and
``(2) with respect to each qualifying child of the taxpayer
who has not attained 6 years of age by the close of the taxable
year and for which the taxpayer is allowed a deduction under
section 151, an amount equal to three times the dollar amount
applicable under paragraph (1).''.
(b) Modification of Limitations.--Paragraph (1) of section 24(b) of
the Internal Revenue Code of 1986 is amended to read as follows:
``(1) Limitation based on adjusted gross income.--
``(A) In general.--
``(i) Limitation on credit for qualifying
children who have not attained 6 years of
age.--The amount of the credit allowable under
subsection (a)(2) shall be reduced (but not
below zero) by $150 for each $1,000 (or
fraction thereof) by which the taxpayer's
modified adjusted gross income exceeds the
threshold amount.
``(ii) Limitation on credit for qualifying
children who have attained 6 years of age.--The
amount of the credit allowable under subsection
(a)(1) shall be reduced (but not below zero) by
$50 for each $1,000 (or fraction thereof) by
which the taxpayer's modified adjusted gross
income exceeds--
``(I) in the case of a taxpayer for
which no credit is allowable under
subsection (a)(2), the threshold
amount, or
``(II) in the case of a taxpayer
for which a credit is allowable under
subsection (a)(2), the dollar amount of
the modified adjusted gross income of
the taxpayer at which the credit
allowable under subsection (a)(2) is
reduced to zero.
``(B) Definition.--For purposes of this paragraph,
the term `modified adjusted gross income' means
adjusted gross income increased by any amount excluded
from gross income under section 911, 931, or 933.''.
(c) Increase in Refundable Portion.--
(1) In general.--Clause (i) of section 24(d)(1)(B) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(i) an amount equal to--
``(I) in the case of a taxpayer for
which a credit is allowable under
subsection (a)(2), 45 percent of the
taxpayer's earned income (within the
meaning of section 32) which is taken
into account in computing taxable
income for the taxable year, or
``(II) in the case of a taxpayer
for which a credit is allowable under
subsection (a)(1) and for which no
credit is allowable under subsection
(a)(2), 15 percent of the taxpayer's
earned income (within the meaning of
section 32) which is taken into account
in computing taxable income for the
taxable year, or''.
(2) Conforming amendment.--Subsection (d) of section 24 of
such Code is amended by striking paragraph (4).
(3) Elimination of inflation adjustment.--Subsection (d) of
section 24 of such Code is amended by striking paragraph (3).
(d) Inflation Adjustments.--Section 24 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new subsection:
``(g) Inflation Adjustments.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2015, the $1,000 amount in
subsection (a)(1) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2014' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--Any increase determined under the
preceding sentence shall be rounded to the nearest multiple of
$50.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015. | Child Tax Credit Improvement Act This bill amends the Internal Revenue Code, with respect to the child tax credit, to: (1) increase the amount of such credit for children who have not attained age 6 by the close of the taxable year, (2) modify the limitation on such credit based upon taxpayer adjusted gross income and the age of the qualifying child, (3) increase the refundable portion of such credit for children under age 6, and (4) allow an inflation adjustment to the $1,000 credit amount beginning after 2015. | Child Tax Credit Improvement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Community Response
Team Act of 1995''.
SEC. 2. PURPOSE.
The purposes of this Act are to--
(1) establish and strengthen the partnership between law
enforcement and community groups in order to assist victims of
domestic violence;
(2) provide early intervention and followup services in
order to prevent future incidents of domestic violence; and
(3) establish a central technical assistance center for the
collection and provision of programmatic information and
technical assistance.
SEC. 3. GRANTS AUTHORIZED FOR COMMUNITY RESPONSE TEAMS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), is authorized to award
grants to encourage eligible entities to serve as community response
teams to assist in the prevention of domestic violence. Grants awarded
under this section shall be awarded in a manner that ensures geographic
and demographic diversity.
(b) Maximum Amount.--The Secretary shall not award a grant under
this section in an amount that exceeds $500,000.
(c) Duration.--The Secretary shall award grants under this section
for periods of not to exceed 3 years.
(d) Eligible Entity.--
(1) In general.--For purposes of this section, the term
``eligible entity'' means a nonprofit, community-based
organization whose primary purpose involves domestic violence
prevention, and who has demonstrated expertise in providing
services to victims of domestic violence and collaborating with
service providers and support agencies in the community.
(2) Additional requirements.--In order to be considered an
eligible entity for purposes of this section, an entity shall--
(A) have an understanding of the racial, ethnic,
and lingual diversity of the community in which such
entity serves as a community response team;
(B) be able to respond adequately to such
community; and
(C) to the extent practicable, include personnel
that reflect the racial, ethnic, and lingual diversity
of such community.
(3) Preference in making grants.--In making grants under
subsection (a) for a fiscal year, the Secretary shall give
preference to qualified eligible entities who for such year are
not receiving any other Federal grant for carrying out
activities to prevent domestic violence.
(e) Role of Community Response Teams.--Community response teams
established pursuant to this section shall--
(1) provide community advocates to work (in conjunction
with local police) with victims, immediately after incidents of
domestic violence;
(2) educate victims of domestic violence about the legal
process with respect to restraining orders and civil and
criminal charges;
(3) discuss with such victims immediate safety arrangements
and child care needs, and educate victims about resources
provided by local agencies;
(4) provide for followup services and counseling with local
support agencies;
(5) educate victims regarding abuse tactics, including
increased incidence of violence that occurs after repeated
episodes of violence; and
(6) act in partnership with local law enforcement agencies
to carry out the purposes of this Act.
(f) Applications.--
(1) In general.--Applications for grants under this section
shall be submitted to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) include a complete description of the eligible
entity's plan for operating a community-based
partnership between law enforcement officials and
community organizations;
(B) demonstrate effective community leadership,
commitment to community action, and commitment to
working with affected populations;
(C) provide for periodic project evaluation through
written reports and analysis in order to assist in
applying successful programs to other communities; and
(D) demonstrate an understanding of the population
to be served, including an understanding of the racial,
ethnic, and socioeconomic characteristics that
influence the roles of women and affect treatment.
(g) Administrative Expenses.--Of the amount made available under
section 5 for a grant under this section for a community response team,
not more than 5 percent of such amount may be expended to cover the
administrative expenses of the community response team.
SEC. 4. TECHNICAL ASSISTANCE CENTER.
(a) In General.--The Secretary is authorized to award a contract to
an eligible entity to serve as a technical assistance center under this
Act. The technical assistance center shall--
(1) serve as a national information, training, and material
development source for the development and support of community
response teams nationwide; and
(2) provide technical support and input to community
programs, including assisting local groups in the establishment
of programs and providing training to community volunteer staff
persons.
(b) Eligible Entity.--For purposes of this section, the term
``eligible entity'' means a nonprofit organization with a primary focus
on domestic violence prevention and demonstrated expertise in providing
technical assistance, information, training, and resource development
on some aspect of domestic violence service provision or prevention. An
eligible entity shall be selected by the Secretary under this section
based on competence, experience, and a proven ability to conduct
national-level organization and program development. In order to be
considered an eligible entity for purposes of this section, an entity
shall provide the Secretary with evidence of support from community-
based domestic violence organizations for the designation of the entity
as the technical assistance center.
(c) Administrative Expenses.--Of the amount made available under
section 5 for a contract under this section for a technical assistance
center, not more than 5 percent of such amount may be expended to cover
the administrative expenses of the technical assistance center.
SEC. 5. FUNDING.
(a) Authorization of Appropriations.--For the purpose of carrying
out this Act, there is authorized to be appropriated $5,000,000 for
each of the fiscal years 1996 through 1998.
(b) Allocation.--Of the amounts appropriated under subsection (a)
for a fiscal year, the Secretary shall make available $300,000 for a
contract under section 4.
(c) Source of Funding for Program.--
(1) Offsetting reduction in funding for energy information
agency.--With respect to the authorizations of appropriations
that have been established for the programs and activities of
the Energy Information Administration, the total amount of such
authorizations is, for each of the fiscal years specified in
subsection (a), reduced by $5,000,000. The preceding sentence
applies notwithstanding any other provision of law.
(2) Report regarding other sources of funds for energy
information agency.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Energy shall submit
to the Congress a report providing a determination by the
Secretary of whether it would be practicable for the Energy
Information Administration to provide for some or all of the
funding for the Administration through imposing a charge for
some or all of the services or materials that the
Administration provides to the public. | Domestic Violence Community Response Team Act of 1995 - Prescribes guidelines under which the Secretary of Health and Human Services is authorized to award: (1) grants of up to $500,000 each for community response teams to help prevent domestic violence; and (2) award a contract to an eligible entity to serve as a technical assistance center.
(Sec. 5) Authorizes appropriations.
Reduces appropriations authorized for the Energy Information Administration. Directs the Secretary of Energy to report to the Congress whether it would be practicable for the Administration to provide for some or all its funding by imposing a charge for services or materials that it provides to the public. | Domestic Violence Community Response Team Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dam Rehabilitation and Repair Act of
2007''.
SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) by redesignating paragraphs (3), (4), (5), (6), (7),
(8), (9), (10), (11), (12), and (13) as paragraphs (4), (5),
(6), (7), (8), (9), (10), (12), (13), (14), and (15),
respectively;
(2) by inserting after paragraph (2) the following:
``(3) Deficient dam.--The term `deficient dam' means a dam
that the State within the boundaries of which the dam is
located determines--
``(A) fails to meet minimum dam safety standards of
the State; and
``(B) poses an unacceptable risk to the public.'';
and
(3) by inserting after paragraph (10) (as redesignated by
paragraph (1)) the following:
``(11) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam that
is carried out to meet applicable State dam safety and security
standards.''.
(b) Program for Rehabilitation and Repair of Deficient Dams.--The
National Dam Safety Program Act is amended by inserting after section 8
(33 U.S.C. 467f) the following:
``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
``(a) Establishment of Program.--The Director shall establish,
within FEMA, a program to provide grant assistance to States for use in
rehabilitation of publicly-owned deficient dams.
``(b) Award of Grants.--
``(1) Application.--A State interested in receiving a grant
under this section may submit to the Director an application
for such grant. Applications submitted to the Director under
this section shall be submitted at such times, be in such form,
and contain such information, as the Director may prescribe by
regulation.
``(2) In general.--Subject to the provisions of this
section, the Director may make a grant for rehabilitation of a
deficient dam to a State that submits an application for the
grant in accordance with the regulations prescribed by the
Director. The Director shall enter into a project grant
agreement with the State to establish the terms of the grant
and the project, including the amount of the grant.
``(3) Applicability of standards.--The Director shall
require States that apply for grants under this section to
comply with the standards of section 611(j)(9) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196(j)(9)), as in effect on the date of enactment of
this section, with respect to projects assisted under this
section in the same manner as recipients are required to comply
in order to receive financial contributions from the Director
for emergency preparedness purposes.
``(c) Priority System.--The Director, in consultation with the
Board, shall develop a risk-based priority system for use in
identifying deficient dams for which grants may be made under this
section.
``(d) Allocation of Funds.--The total amount of funds appropriated
pursuant to subsection (f)(1) for a fiscal year shall be allocated for
making grants under this section to States applying for such grants for
that fiscal year as follows:
``(1) One-third divided equally among applying States.
``(2) Two-thirds among applying States based on the ratio
that--
``(A) the number of non-Federal publicly-owned dams
that the Secretary of the Army identifies in the
national inventory of dams maintained under section 6
as constituting a danger to human health and that are
located within the boundaries of the State; bears to
``(B) the number of non-Federal publicly-owned dams
that are so identified and that are located within the
boundaries of all applying States.
``(e) Cost Sharing.--The Federal share of the cost of
rehabilitation of a deficient dam for which a grant is made under this
section may not exceed 65 percent of the cost of such rehabilitation.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section--
``(A) $10,000,000 for fiscal year 2008;
``(B) $15,000,000 for fiscal year 2009;
``(C) $25,000,000 for fiscal year 2010;
``(D) $50,000,000 for fiscal year 2011; and
``(E) $100,000,000 for fiscal year 2012.
``(2) Staff.--There are authorized to be appropriated to
provide for the employment of such additional staff of FEMA as
are necessary to carry out this section $400,000 for each of
fiscal years 2008 through 2010.
``(3) Period of availability.--Sums appropriated pursuant
to this section shall remain available until expended.''.
SEC. 3. RULEMAKING.
(a) Proposed Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Director of the Federal Emergency Management
Agency shall issue a notice of proposed rulemaking regarding the
amendments made by section 2 to the National Dam Safety Program Act (33
U.S.C. 467 et seq.).
(b) Final Rule.--Not later than 120 days after the date of
enactment of this Act, the Director of the Federal Emergency Management
Agency shall issue a final rule regarding such amendments. | Dam Rehabilitation and Repair Act of 2007 - Amends the National Dam Safety Program Act to require the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams).
Sets forth provisions regarding procedures for grant awards and fund allocation. Requires: (1) states receiving grants under this Act to comply with standards applicable to financial contributions for emergency preparedness purposes under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and (2) FEMA to develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the federal share of rehabilitation costs to 65%. Authorizes appropriations. | To amend the National Dam Safety Program Act to establish a program to provide grant assistance to States for the rehabilitation and repair of deficient dams. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Skilled Workforce Enhancement Act of
2001''.
SEC. 2. CREDIT FOR EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN
HIGHLY SKILLED SMALL BUSINESS TRADES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45E. EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN HIGHLY
SKILLED SMALL BUSINESS TRADES.
``(a) General Rule.--For purposes of section 38, in the case of a
small business employer, the highly skilled trades training credit
determined under this section for the taxable year is $15,000 for each
employee having a qualified training year ending with or within such
taxable year (whether or not such employee is an employee of the
taxpayer as of the close of such taxable year).
``(b) Definitions.--For purposes of this section--
``(1) Small business employer.--
``(A) In general.--The term `small business
employer' means, with respect to any taxable year, any
employer who employed an average of 250 or fewer
employees on business days during such taxable year.
``(B) Controlled groups.--For purposes of
subparagraph (A), all persons treated as a single
employer under subsection (b), (c), (m), or (o) of
section 414 shall be treated as a single employer.
``(2) Qualified training year.--
``(A) In general.--The term `qualified training
year' means each year during the training period in
which the employee received at least 1,500 hours of
training (including on-the-job training and training at
multi-employer training facilities) from the taxpayer
(or any predecessor) under a qualified training program
as an apprentice in any highly skilled trade.
``(B) Highly skilled trades.--For purposes of
subparagraph (A), the term `highly skilled trades'
means--
``(i) precision machinists,
``(ii) die makers,
``(iii) mold makers,
``(iv) tool and die designers,
``(v) heating, ventilating, air
conditioning, refrigeration, and roofing
contractors,
``(vi) the trade of masonry,
``(vii) plumbers,
``(viii) pipefitters,
``(ix) patternmakers,
``(x) foundry technicians,
``(xi) electricians,
``(xii) recreational marine production and
design workers,
``(xiii) 2-way radio technicians,
``(xiv) welders,
``(xv) shipfitters,
``(xvi) propellor machinists,
``(xvii) electronic instrumentation
specialists, and
``(xviii) other highly skilled trades
specified in regulations prescribed by the
Secretary.
Such term shall not include any trade if the customary
apprenticeship period for such trade is less than 2
years.
``(C) Qualified training program.--
``(i) In general.--The term `qualified
training program' means a written plan of study
and training for individuals in, or entering
into, highly skilled trades.
``(ii) Description of programs.--A plan
under clause (i) must be a program described in
one of the following subclauses:
``(I) An apprenticeship program
registered and certified with the
Secretary of Labor under section 1 of
the National Apprenticeship Act (29
U.S.C. 50).
``(II) A program licensed,
registered, or certified by the
workforce investment board or
apprenticeship agency or council of a
State or administered in compliance
with apprenticeship laws of a State.
``(III) A program conducted by a
vocational or technical education
school, community college, or
industrial or trade training
organization.
``(IV) A program which conforms to
apprentice training programs developed
or administered by an employer trade
group or committee.
``(V) An industry sponsored or
administered program which is clearly
identified and commonly
recognized within an industry and which meets the requirements of
clause (iii).
``(iii) Requirements.--A program meets the
requirements of this clause if such program--
``(I) is accessible to individuals
without discrimination on the basis of
race, sex, color, religion, or national
origin,
``(II) provides an overview of the
trade, including the history and modern
developments in such trade,
``(III) provides related
instruction of the fundamental,
intermediate, and advanced skills,
techniques, and materials of the trade,
``(IV) provides training in math,
measurement, and blueprint reading
skills, if such skills are required in
the trade,
``(V) provides training on trade
specific tools and equipment,
``(VI) provides on-the-job training
which allows performance of work under
close supervision of an instructor or
skilled worker, and
``(VII) provides periodic review
and evaluation of participants to
demonstrate proficiency in skills,
including the use of tests and
assessment of individual and group
projects.
``(3) Training period.--The term `training period' means,
with respect to an employee, the period--
``(A) beginning on the date that the employee
begins employment with the taxpayer as an apprentice in
the highly skilled trade, and
``(B) ending on the earlier of--
``(i) the date that such apprenticeship
with the employer ends, or
``(ii) the date which is 4 years after the
date referred to in subparagraph (A).
``(c) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 51(a) and 1396(a) with respect to
any employee shall be reduced by the credit allowed by this section
with respect to such employee.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (12), by striking the period at the end of paragraph (13) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(14) in the case of a small business employer (as defined
in section 45E(b)), the highly skilled trades training credit
determined under section 45E(a).''.
(c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end the following new subsection:
``(d) Credit for Training Expenses for Employees in Highly Skilled
Small Business Trades.--No deduction shall be allowed for that portion
of the expenses otherwise allowable as a deduction for the taxable year
which is equal to the amount of the credit determined for the taxable
year under section 45E(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45E. Expenses for long-term
training of employees in highly
skilled small business
trades.''.
(e) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred in the taxable years ending after
the date of the enactment of this Act. | Skilled Workforce Enhancement Act of 2001 - Amends the Internal Revenue Code to provide small employers with a highly skilled trades training credit. | To amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax for certain expenses for long-term training of employees in highly skilled small business trades. |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) On January 19, 1942, 6 weeks after the December 7,
1941, attack on Pearl Harbor by the Japanese Navy, the United
States Army discharged all Japanese-Americans in the Reserve
Officers Training Corps and changed their draft status to
``4C''--the status of ``enemy alien'' which is ineligible for
the draft.
(2) On January 23, 1942, Japanese-Americans in the military
on the mainland were segregated out of their units.
(3) Further, on May 3, 1942, General John L. DeWitt issued
Civilian Exclusion Order No. 346, ordering all people of
Japanese ancestry, whether citizens or noncitizens, to report
to assembly centers, where they would live until being moved to
permanent relocation centers.
(4) On June 5, 1942, 1,432 predominantly Nisei (second
generation Americans of Japanese ancestry) members of the
Hawaii Provisional Infantry Battalion were shipped from the
Hawaiian Islands to Oakland, CA, where the 100th Infantry
Battalion was activated on June 12, 1942, and then shipped to
train at Camp McCoy, Wisconsin.
(5) The excellent training record of the 100th Infantry
Battalion and petitions from prominent civilian and military
personnel helped convince President Roosevelt and the War
Department to re-open military service to Nisei volunteers who
were incorporated into the 442nd Regimental Combat Team after
it was activated in February of 1943.
(6) In that same month, the 100th Infantry Battalion was
transferred to Camp Shelby, Mississippi, where it continued to
train and even though the battalion was ready to deploy shortly
thereafter, the battalion was refused by General Eisenhower,
due to concerns over the loyalty and patriotism of the Nisei.
(7) The 442nd Regimental Combat Team later trained with the
100th Infantry Battalion at Camp Shelby in May of 1943.
(8) Eventually, the 100th Infantry Battalion was deployed
to the Mediterranean and entered combat in Italy on September
26, 1943.
(9) Due to their bravery and valor, members of the
Battalion were honored with 6 awards of the Distinguished
Service Cross in the first 8 weeks of combat.
(10) The 100th Battalion fought at Cassino, Italy in
January, 1944, and later accompanied the 34th Infantry Division
to Anzio, Italy.
(11) The 442nd Regimental Combat Team arrived in
Civitavecchia, Italy on June 7, 1944, and on June 15 of the
following week, the 100th Infantry Battalion was formally made
an integral part of the 442nd Regimental Combat Team, and
fought for the last 11 months of the war with distinction in
Italy, southern France, and Germany.
(12) The battalion was awarded the Presidential Unit
Citation for its actions in battle on June 26-27, 1944.
(13) The 442nd Regimental became the most decorated unit in
United States military history for its size and length of
service.
(14) The 100th Battalion and the 442nd Regimental Combat
Team, received 7 Presidential Unit Citations, 21 Medals of
Honor, 29 Distinguished Service Crosses, 560 Silver Stars,
4,000 Bronze Stars, 22 Legion of Merit Medals, 15 Soldier's
Medals, and over 4,000 Purple Hearts, among numerous additional
distinctions.
(15) The United States remains forever indebted to the
bravery, valor, and dedication to country these men faced while
fighting a 2-fronted battle of discrimination at home and
fascism abroad.
(16) Their commitment and sacrifice demonstrates a highly
uncommon and commendable sense of patriotism and honor.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of the Congress, of a single gold
medal of appropriate design to the 100th Infantry Battalion and the
442nd Regimental Combat Team, United States Army, collectively, in
recognition of their dedicated service during World War II.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall strike the gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
honor of the 100th Infantry Battalion and the 442nd Regimental
Combat Team, United States Army, under subsection (a), the gold
medal shall be given to the Smithsonian Institution, where it
will be displayed as appropriate and made available for
research.
(2) Sense.--It is the sense of the Congress that the
Smithsonian Institution should make the gold medal received
under paragraph (1) available for display elsewhere,
particularly at other appropriate locations associated with the
100th Infantry Battalion and the 442nd Regimental Combat Team,
United States Army.
SEC. 3. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 2, at a price sufficient to cover the costs of the
medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 4. NATIONAL MEDALS.
Medals struck pursuant to this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.
(a) Authorization of Appropriations.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, an
amount not to exceed $30,000 to pay for the cost of the medal
authorized under section 2.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund.
Passed the House of Representatives May 14, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the award of a congressional gold medal to the Army's 100th Infantry Battalion and 442nd Regimental Combat Team, collectively, in recognition of their dedicated service during World War II.
Requires the Medal to be displayed at the Smithsonian Institution (Smithsonian) after its award. Expresses the sense of Congress that the Smithsonian should make the medal available for display elsewhere, particularly at locations associated with such Battalion and Combat Team.
Authorizes appropriations. | To grant the congressional gold medal, collectively, to the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army, in recognition of their dedicated service during World War II. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Madera Water Supply Enhancement
Act''.
SEC. 2. DEFINITIONS.
(a) The term ``District'' means the Madera Irrigation District,
Madera, California.
(b) The term ``Project'' means the ``Madera Water Supply and
Enhancement Project''.
(c) The term ``Secretary'' means the Secretary of the United States
Department of the Interior.
SEC. 3. STUDY AND REPORT.
(a) Study.-- Pursuant to the Reclamation Act of 1902 (32 Stat. 388)
and Acts amendatory thereof and supplemental thereto, the Secretary,
acting through the Commissioner of the Bureau of Reclamation, and in
consultation and cooperation with the District, is authorized to
conduct a study to determine the feasibility of constructing the
Project.
(b) Report.--
(1) Transmission.--Upon completion of the study authorized
by subsection (a), the Secretary shall transmit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report containing the results of the study, together with
recommendations regarding any recommendation to construct the
project.
(2) Use of available materials.--In developing the report
under this section, the Secretary shall make use of reports and
any other relevant information supplied by the District.
(3) Deadline.--No later than December 30, 2006, the
Secretary shall complete the report and transmit the report to
Congress pursuant to subsection (b)(2).
(c) Cost Share.--
(1) Federal share.--The Federal share of the costs of the
feasibility study authorized by this section shall not exceed
50 percent of the total cost of the study.
(2) In-kind contribution for non-federal share.--The
Secretary may accept as part of the non-Federal cost share the
contribution of such in-kind services by the District as the
Secretary determines will contribute to the conduct and
completion of the study.
SEC. 4. COOPERATIVE AGREEMENT.
All planning, design, and construction of the Project authorized
by this Act shall be undertaken in accordance with a cooperative
agreement between the Secretary and the District for the Project. Such
cooperative agreement shall set forth in a manner acceptable to the
Secretary and the District the responsibilities of the District for
participating in the study and related environmental review, including,
but not limited to:
(1) preparation of an assessment of the need for the
project;
(2) preparation of feasibility and reconnaissance studies;
(3) environmental review;
(4) engineering and design;
(5) construction; and
(6) the administration of contracts pertaining to any of
the foregoing.
SEC. 5. AUTHORIZATION FOR THE MADERA WATER SUPPLY AND ENHANCEMENT
PROJECT.
(a) Authorization of Construction.--Upon submission of feasibility
report described in section 3 and a statement by the Secretary that the
project is feasible, the Secretary, acting pursuant to the Federal
reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts
amendatory thereof or supplementary thereto, as far as those laws are
not inconsistent with the provisions of this Act, is authorized to
enter into a cooperative agreement through the Bureau with the District
for the support of the design, and construction of the Project.
(b) Cost Share.--The Federal share of the capital costs of the
Project shall not exceed 25 percent of the total cost. Capital costs
incurred by the District prior to the date of the enactment of this Act
shall be considered a portion of the non-Federal cost share.
(c) In-Kind Services.--In-kind services performed by the District
shall be considered a part of the local cost share to complete the
Project authorized by subsection (a).
(d) Credit for Non-Federal Work.--The District shall receive credit
toward the non-Federal share of the cost of the Project for--
(1) reasonable costs incurred by the District as a result
of participation in the planning, design, and construction of
the Project; and
(2) for the fair market value of lands used or acquired by
the District for the Project.
(e) Limitation.--The Secretary shall not provide funds for the
operation or maintenance of the Project authorized by this section. The
operation and maintenance of the Project shall be the sole
responsibility of the District.
(f) Plans and Analyses Consistent With Federal Law.--Before
obligating funds for design or construction under this section, the
Secretary shall work cooperatively with the District to use, to the
extent possible, plans, designs, and engineering and environmental
analyses that have already been prepared by the District for the
Project. The Secretary shall ensure that such information as is used is
consistent with applicable Federal laws and regulations.
(g) Title; Responsibility; Liability.--Nothing in this section or
the assistance provided under this section shall be construed to
transfer title, responsibility or liability related to the Project to
the United States.
(h) Authorization of Appropriation.--There is authorized such sums
as may be appropriated to carry out this section.
SEC. 6. SUNSET.
The authority of the Secretary to carry out any provisions of this
Act shall terminate 10 years after the date of the enactment of this
Act.
Passed the House of Representatives July 10, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Madera Water Supply Enhancement Act - Authorizes the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, to study and report to Congress on the feasibility of constructing the Madera Water Supply and Enhancement Project. Limits the federal share of the cost of the study to 50%.
Requires all planning, design, and construction of the Project to be undertaken in accordance with a cooperative agreement between the Secretary and the Madera Irrigation District, California.
Authorizes the Secretary, upon determining that the Project is feasible, to enter into a cooperative agreement through the Bureau with the District for the support of the design and construction of the Project. Limits the federal share of the capital costs of the Project to 25%. Directs the Secretary, before obligating funds, to work cooperatively to use plans, designs, and engineering and environmental analyses that have already been prepared by the District for the Project.
Terminates the Secretary's authority to carry out this Act 10 years after its enactment. | To authorize the Secretary of the Interior, acting through the Bureau of Reclamation to enter into a cooperative agreement with the Madera Irrigation District for purposes of supporting the Madera Water Supply Enhancement Project. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southwest Bridge Research Center
Establishment Act of 2003''.
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 the following
programs and activities:
``(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.
``(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 2004
through 2009, 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 2004 through 2009.''. | Southwest Bridge Research Center Establishment Act of 2003 - Amends Federal transportation law to direct the Secretary of Transportation, in addition to grants that university transportation centers receive under the Act, to provide grants to New Mexico State University, in collaboration with the Oklahoma Transportation Center, to establish a university transportation center known as the Southwest Bridge Research Center. Declares that the purpose of the Center is to contribute at a national level to a systems approach to improving the overall performance of bridges. Sets forth certain grant requirements. | 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; REFERENCES; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Family and Medical
Leave Clarification Act''.
(b) References.--Whenever in this Act an amendment is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to that section or other
provision of the Family and Medical Leave Act of 1993.
(c) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; references; table of contents.
Sec. 2. Findings.
Sec. 3. Definition of serious health condition.
Sec. 4. Intermittent leave.
Sec. 5. Request for leave.
Sec. 6. Substitution of paid leave.
Sec. 7. Regulations.
Sec. 8. Effective date.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Family and Medical Leave Act of 1993 (in this
section referred to as the ``Act'') is not working as Congress
intended when it passed the Act in 1993. Many employers,
including those nationally recognized as having generous
family-friendly benefit and leave programs, are experiencing
serious problems complying with the Act.
(2) The Department of Labor's overly broad regulations and
interpretations have caused many of these problems by greatly
expanding the Act's coverage to apply to many non-serious
health conditions.
(3) Documented problems generated by the Act include
significant new administrative and personnel costs, loss of
productivity and scheduling difficulties, unnecessary paperwork
and record keeping, and other compliance problems.
(4) The Act often conflicts with employers' existing paid
sick leave policies and prevent employers from managing
absences through their absence control plans and results in
most leave under the Act becoming paid leave.
(5) The Commission on Leave, established in title III of
the Act, which reported few difficulties with compliance with
the Act, failed to identify many of the problems with
compliance because its study was conducted too soon after the
enactment of the Act and the most significant problems with
compliance arose only when employers later sought to comply
with the Act's final regulations and interpretations.
SEC. 3. DEFINITION OF SERIOUS HEALTH CONDITION.
(a) Amendment.--Section 101(11) (29 U.S.C. 2611(11)) is amended by
adding after and below subparagraph (B) the following:
``The term `serious health condition' does not cover short-term
conditions for which treatment and recovery are very brief.
Conditions covered include, for example, heart attacks, heart
conditions requiring extensive therapy or surgical procedures,
strokes, severe respiratory conditions, spinal injuries,
appendicitis, pneumonia, emphysema, severe arthritis, severe
nervous disorders, injuries caused by serious accidents on or
off the job, ongoing pregnancy, miscarriages, complications or
illnesses related to pregnancy, such as severe morning
sickness, the need for prenatal care, childbirth, and recovery
from childbirth.''.
(b) Regulations.--
(1) Repeal.--The regulations of the Secretary of Labor,
published at sections 825.114 and 825.115 of title 29 of the
Code of Federal Regulations, and opinion letters promulgated
thereunder shall be null and void on the effective date of
final regulations issued under paragraph (2).
(2) New regulations.--The Secretary of Labor shall revise
the regulations referred to in paragraph (1) and shall issue
proposed regulations making such revision not later than 90
days after the date of enactment of this Act and shall issue
final regulations not later than 180 days after such date of
enactment.
(3) Transition.--With respect to leave and requests for
leave made under section 102 of the Family and Medical Leave
Act of 1993 occurring before the effective date of the final
regulations under paragraph (2), an employer may rely on the
regulations of the Secretary referred to in paragraph (1). In
any action to enforce the requirements of such Act pending on
or after the effective date of such final regulations, no
provision of the regulations referred to in paragraph (1) may
be cited as evidence of an employer's non-compliance with such
Act.
SEC. 4. INTERMITTENT LEAVE.
Section 102(b)(1) (29 U.S.C. 2612(b)(1)) is amended by striking the
period at the end of the second sentence and inserting the following:
``as certified by the health care provider after each leave occurrence.
An employer may require an employee to take intermittent leave in
increments of up to one-half of a work day. Employers may require
employees who travel as part of their normal day-to-day work or duty
assignments to take leave for the duration of that work or assignment
if the employer cannot reasonably accommodate the employee's request to
take leave intermittently or on a reduced leave schedule.''.
SEC. 5. REQUEST FOR LEAVE.
Section 102(a) (29 U.S.C. 2612(a)) is amended by inserting after
paragraph (2) the following:
``(3) Request for leave.--When an employer does not
exercise under subsection (d)(2) the right to substitute other
employer provided leave for leave under this title, an employer may
require an employee who wants leave under this title to request in a
timely manner such leave. If required by the employer, an employee who
fails to make such a timely request may be denied leave under this
title.
``(4) Timeliness of request for leave.--As used in
paragraph (3) of this subsection, a request for leave is timely
if--
``(A) in the case of foreseeable leave, the
employee provides the applicable advance notice
required by subsection (e) and submits any written
application required by the employer within 5 working
days of providing the notice to the employer; and
``(B) in the case of unforeseeable leave, the
employee notifies the employer verbally of the need for
the leave no later than the time the leave commences
and submits any written application required by the
employer within 5 working days of providing the notice
to the employer, except that the 5-day period will be
extended as necessary if the employee is physically or
mentally incapable of providing notice or submitting
the application.''.
SEC. 6. SUBSTITUTION OF PAID LEAVE.
Section 102(d)(2) (29 U.S.C. 2612(d)(2)) is amended by adding at
the end the following:
``(C) Paid absence.--Notwithstanding subparagraphs
(A) and (B), with respect to leave provided under
subparagraph (D) of subsection (a)(1), where an
employer provides paid absence under an employer's
collective bargaining agreement, a welfare benefit plan
under the Employee Retirement Income Security Act of
1974, or under any other sick leave, sick pay, or
disability plan, program, or policy of the employer, an
employer may require the employee to choose between
such paid absence and unpaid leave provided under this
title.''.
SEC. 7. REGULATIONS.
(a) General Rule.--Except as provided in section 3(b)(2), not later
than 6 months after the date of the enactment of this Act, the
Secretary of Labor shall review and revise all regulations promulgated
before such date to implement the Family and Medical Leave Act of 1993
to reflect the amendments made by this Act.
(b) With respect to actions taken by an employer before the
effective date of such revised regulations, compliance with the
regulations in effect before such date shall be deemed to constitute
full compliance with this Act. After the effective date of this Act,
the Secretary may not enforce regulations in effect before such date.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect upon the
expiration of 180 days after the date of the enactment of this Act. | Allows employers to require that intermittent leave be taken in increments of up to half a work day.
Requires employees to: (1) request leave be designated as FMLA leave; (2) provide written application within five working days of providing notice to the employer for foreseeable leave; and (3) with respect to unforeseeable leave, to provide, at a minimum, verbal notification of the need for the leave not later than the time the leave commences, unless the employee is physically or mentally incapable of providing notice or submitting the application.
Permits employers to require employees to choose between taking unpaid leave provided by the FMLA or paid absence under an employer's collective bargaining agreement or other sick leave, sick pay, or disability plan, program, or policy of the employer.
Directs the Secretary of Labor to review all existing regulations for implementing FMLA, and to issue new regulations revised to reflect the amendments made by this Act. | Family and Medical Leave Clarification Act |
SECTION 1. REPORTS ASSESSING THE IMPACT OF NAFTA ON JOBS AND THE
ENVIRONMENT.
(a) Report on Domestic Manufacturing and Jobs.--The Secretary of
Commerce, after consultation with the appropriate government agencies,
shall determine the levels of exports of United States manufactured
goods to NAFTA parties and imports into the United States of
manufactured goods from NAFTA parties, and the number of jobs that have
resulted from increased exports of manufactured goods to NAFTA parties
and the loss of jobs that has resulted from increased imports into the
United States of manufactured goods from NAFTA parties since January 1,
1994. The Secretary of Commerce shall submit to the Congress a report
on the determinations made under this subsection not later than 6
months after the date of the enactment of this Act.
(b) Report Relating to Health and Environmental Impacts of NAFTA.--
The Administrator of the Environmental Protection Agency, in
consultation with the Secretariat for the NAFTA Commission on
Environmental Cooperation, shall conduct investigations of whether
pollution and health hazards in the United States have worsened since
January 1, 1994, to the extent they may be attributable to the
implementation of NAFTA, and specifically in and around the United
States-Mexico border and the United States-Canada border, and shall
report to the Congress on the results of those investigations not later
than 6 months after the date of the enactment of this Act.
SEC. 2. PRESIDENTIAL CERTIFICATIONS.
(a) Certifications Regarding Environmental Agreement.--
(1) Annual certifications.--The President shall, on the
basis of the reports prepared under paragraph (2), submit to
the Congress, not later than May 31 of each year, a report that
certifies whether or not each NAFTA country is meeting
commitments made in the North American Agreement on
Environmental Cooperation--
(A) to ensure that the regulations of that country
establish and enforce levels of environmental
protection that meet the requirements of its
constitution and other laws setting forth the country's
policy on environmental protection; and
(B) to effectively enforce the laws referred to in
paragraph (1).
(2) Basis of certification.--The Administrator of the
Environmental Protection Agency shall prepare for the President
an annual report on the enforcement by each NAFTA country of
its laws governing environmental protection, and its progress
in protecting the environment in accordance with its
development. In doing so, the Administrator shall consider the
country's--
(A) air quality standards;
(B) water effluent standards; and
(C) hazardous waste disposal standards.
Each report under this paragraph shall be transmitted to the
President not later than 30 days before the date on which the
President is required to submit his report under paragraph (1).
(b) Certifications Regarding Labor Agreement.--
(1) Annual certifications.--The President shall, on the
basis of the reports prepared under paragraph (2), submit to
the Congress, not later than May 31 of each year, a report that
certifies whether or not each NAFTA country is meeting
commitments made in the North American Agreement on Labor
Cooperation to comply with the objectives of that Agreement to
promote and improve laws protecting worker rights and to
promote compliance with these laws by using appropriate methods
such as--
(A) monitoring and on-site inspection by persons
trained to do so;
(B) encouragement of voluntary compliance by
employers;
(C) mandatory reporting by employers to appropriate
governmental authorities; and
(D) enforcement actions.
(2) Basis of certification.--The Secretary of Labor shall
prepare for the President an annual report on the enforcement
by each NAFTA country of its laws protecting worker rights. In
doing so, the Secretary shall consider the country's
enforcement of such laws in accordance with the following labor
principles (as stated in the Preamble of the North American
Agreement on Labor Cooperation):
(A) Freedom of association.
(B) The right to bargain collectively.
(C) The right to strike.
(D) Prohibition on forced labor.
(E) Restrictions on labor by children and young
people.
(F) Minimum employment standards.
(G) Elimination of employment discrimination.
(H) Equal pay for men and women.
(I) Prevention of occupational accidents and
diseases.
(J) Compensation in cases of work accidents and
occupational diseases.
Each report under this paragraph shall be transmitted to the
President not later than 30 days before the date on which the
President is required to submit his report under paragraph (1).
SEC. 3. DEFINITIONS.
As used in this Act:
(1) NAFTA.--The term ``NAFTA'' means the North American
Free Trade Agreement entered into by the United States, Canada,
and Mexico on December 17, 1992.
(2) NAFTA country.--The term ``NAFTA country'' has the
meaning given that term in section 2(4) of the North American
Free Trade Agreement Implementation Act (19 U.S.C. 3301(4)).
(3) NAFTA party.--The term ``NAFTA party'' means the United
States, Canada, or Mexico.
(4) North american agreement on environmental
cooperation.--The term ``North American Agreement on
Environmental Cooperation'' has the meaning given that term in
section 532(b)(2) of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3472(b)(2)).
(5) North american agreement on labor cooperation.--The
term ``North American Agreement on Labor Cooperation'' has the
meaning given that term in section 531(b)(2) of the North
American Free Trade Agreement Implementation Act (19 U.S.C.
3471(b)(2)). | Directs the Secretary of Commerce to determine the levels of exports of U.S. goods to North American Free Trade Agreement (NAFTA) parties and imports into the United States of goods from NAFTA parties, and the number of jobs that have resulted from increased exports of goods to NAFTA parties, and the loss of jobs that have resulted from increased imports into the United States of goods from NAFTA parties since January 1, 1994.Directs the Administrator of the Environmental Protection Agency to investigate whether pollution and health hazards in the United States have worsened since January 1, 1994, to the extent that may be attributable to NAFTA, and specifically in and around the U.S.-Mexico and the U.S.-Canada borders.Directs the President to certify annually to Congress whether or not each NAFTA country is meeting certain commitments made with respect to: (1) environmental protection in the North American Agreement on Environmental Cooperation; and (2) workers' rights in the North American Agreement on Labor Cooperation. | To assess the impact of the North American Free Trade Agreement on domestic job loss and the environment, and for other purposes. |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Routine HIV
Screening Coverage Act of 2012''.
(b) Findings.--Congress finds the following:
(1) HIV/AIDS continues to infect and kill thousands of
Americans, more than 30 years after the first cases were
reported.
(2) It has been estimated that approximately 1.7 million
Americans have been infected with HIV since the beginning of
the epidemic and over 600,000 of them have died.
(3) The HIV/AIDS epidemic has disproportionately impacted
African-Americans, Latino-Americans, and other racial and
ethnic minorities.
(4) It has been estimated that 20 percent of those infected
with HIV in the United States do not know they are infected.
(5) The Centers for Disease Control and Prevention has
determined that increasing the proportion of people who know
their HIV status is an essential component of comprehensive
HIV/AIDS treatment and prevention efforts and that early
diagnosis is critical in order for people with HIV/AIDS to
receive life-extending therapy.
(6) The Centers for Disease Control and Prevention
recommends routine HIV screening in health care settings for
all patients aged 13-64, regardless of risk.
(7) Some health plans do not cover routine HIV screening,
but only cover HIV tests for patients with known or perceived
risk factors for HIV/AIDS and patients who demonstrate symptoms
of AIDS.
(8) Not all individuals who have been infected with HIV
fall into high-risk categories or demonstrate symptoms of AIDS.
(9) If health plans covered routine HIV screenings, health
providers would be more likely to recommend routine HIV
screening for their patients.
(10) Section 2713 of the Public Health Service Act (42
U.S.C. 300gg-13), as amended by section 1001 of the Patient
Protection and Affordable Care Act (Public Law 111-148),
requires that health plans cover preventive health services
without imposing cost sharing requirements.
(11) Routine HIV screening is a preventive health service.
(12) Requiring health plans to cover routine HIV screening
as a preventive health service without imposing cost sharing
requirements could play a critical role in preventing the
spread of HIV and allowing infected individuals to receive
effective treatment.
SEC. 2. COVERAGE FOR ROUTINE HIV SCREENING UNDER GROUP HEALTH PLANS,
HEALTH INSURANCE COVERAGE, AND FEHBP.
(a) Group Health Plans.--
(1) Public health service act amendments.--Subpart II of
part A of title XXVII of the Public Health Service Act is
amended by inserting the following new section after section
2719A:
``SEC. 2719B. COVERAGE FOR ROUTINE HIV SCREENING.
``(a) In General.--A group health plan and a health insurance
issuer offering group or individual health insurance coverage--
``(1) shall provide coverage for routine HIV screening; and
``(2) shall not impose terms and conditions (including cost
sharing requirements) with respect to such screening that are
less favorable for a participant or beneficiary than the terms
and conditions applicable to items and services described in
section 2713(a).
``(b) Prohibitions.--A group health plan and a health insurance
issuer offering group or individual health insurance coverage shall
not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan or coverage, solely for the purpose of avoiding the
requirements of this section;
``(2) deny coverage for routine HIV screening on the basis
that--
``(A) there are no known risk factors for HIV
present; or
``(B) the screening is not--
``(i) clinically indicated;
``(ii) medically necessary; or
``(iii) pursuant to a referral or
recommendation by any health care provider;
``(3) provide monetary payments, rebates, or other benefits
to individuals to encourage such individuals to accept less
than the minimum protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided care
to an individual participant or beneficiary in accordance with
this section; or
``(5) provide incentives (monetary or otherwise) to a
provider to induce such provider to provide care to an
individual participant or beneficiary in a manner inconsistent
with this section.
``(c) Rules of Construction.--Nothing in this section shall be
construed to require an individual who is a participant or beneficiary
of a group health plan or health insurance coverage to undergo HIV
screening.
``(d) Preemption.--Nothing in this section shall be construed to
preempt any State law in effect on the date of enactment of this
section with respect to health insurance coverage that requires
coverage of at least the coverage of HIV screening otherwise required
under this section.''.
(2) Inclusion of notice in uniform coverage documents.--
Section 2715(b)(3)(B) of the Public Health Service Act (42
U.S.C. 300gg-15) is amended--
(A) in clause (i), by striking ``and'' at the end;
(B) by redesignating clause (ii) as clause (iii);
and
(C) by inserting after clause (i) the following:
``(ii) the coverage for routine HIV
screening required under section 2719B; and''.
(3) Routine hiv screening defined through consultation
process.--Section 2791(d) is amended by adding at the end the
following new paragraph:
``(22) Routine hiv screening.--The term `routine HIV
screening' shall have the meaning given such term by the
Secretary. In defining such term, the Secretary shall consult
with the Office of National AIDS Policy, the Centers for
Disease Control and Prevention, health care professionals with
expertise in HIV treatment and prevention, advocates for people
living with HIV, and other qualified individuals.''.
(4) Conforming amendments.--
(A) ERISA.--Section 715(a)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1185d(a)(1)) is amended by inserting ``and the Routine
HIV Screening Coverage Act of 2012'' after ``Patient
Protection and Affordable Care Act''.
(B) IRC.--Section 9815(a)(1) of the Internal
Revenue Code of 1986 is amended by inserting ``and the
Routine HIV Screening Coverage Act of 2012'' after
``Patient Protection and Affordable Care Act''.
(b) Application Under Federal Employees Health Benefits Program
(FEHBP).--Section 8902 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(p) A contract may not be made or a plan approved which does not
comply with the requirements of section 2719B of the Public Health
Service Act.''.
(c) Effective Date.--This section and the amendments made by this
section shall be effective for plan years beginning on or after the
date that is 1 year after the date of the enactment of this Act. | Routine HIV Screening Coverage Act of 2012 - Amends the Public Health Service Act, the Employee Retirement Income Security Act (ERISA), and the Internal Revenue Code to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for routine HIV screening under terms and conditions no less favorable than for other routine preventive health services. Prohibits such a plan from taking specified actions to avoid the requirements of this Act.
Requires inclusion of a notice of such screening coverage in the uniform summary of benefits and coverage explanation provided by the group health plan or health insurance issuer.
Defines "routine HIV screening" as having the meaning given the term by the Secretary of Health and Human Services (HHS) after consultation with the the Office of National AIDS Policy, the Centers for Disease Control and Prevention (CDC), health care professionals, and other qualified individuals.
Applies requirements of this Act to health insurance coverage offered under the Federal Employees Health Benefits Program. | To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and title 5, United States Code, to require individual and group health insurance coverage and group health plans and Federal employees health benefit plans to provide coverage for routine HIV screening. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Nutrient Removal
Assistance Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) ineffective wastewater treatment is one of the most
common sources of water pollution;
(2) nutrient pollution, particularly phosphorus loading,
continues to be one of the most significant water quality
issues facing the Great Lakes System;
(3) limiting phosphorus loads is key to controlling
excessive algal growth, and a coordinated Great Lakes System-
wide strategy to change how nutrients are discharged is urgent;
and
(4) nutrient removal technology is one of the most
reliable, cost effective, and direct methods for reducing the
flow of phosphorus and other harmful nutrients from point
sources in the Great Lakes System.
(b) Purposes.--The purposes of this Act are--
(1) to authorize the Administrator of the Environmental
Protection Agency to provide financial assistance to Great
Lakes States and municipalities for use in upgrading publically
owned wastewater treatment plants in the Great Lakes System
with nutrient removal technologies; and
(2) to further the goal of restoring the water of the Great
Lakes System to conditions that are protective of human health
and aquatic life.
SEC. 3. SEWAGE CONTROL TECHNOLOGY GRANT PROGRAM.
The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is
amended by adding at the end the following:
``TITLE VII--MISCELLANEOUS
``SEC. 701. SEWAGE CONTROL TECHNOLOGY GRANT PROGRAM.
``(a) Grant Program.--
``(1) Establishment.--Not later than 1 year after the date
of enactment of this section, the Administrator shall establish
a program within the Environmental Protection Agency to provide
grants to Great Lakes States, and municipalities thereof, to
upgrade eligible facilities with nutrient removal technologies.
``(2) Priority.--In providing a grant under paragraph (1),
the Administrator shall--
``(A) consult with the Program Office; and
``(B) give priority to eligible facilities at which
nutrient removal technology upgrades would--
``(i) produce the greatest nutrient load
reductions at points of discharge;
``(ii) result in the greatest environmental
benefits to the Great Lakes System; and
``(iii) help meet the objectives related to
nutrients outlined in Annex 4 of the 2012 Great
Lakes Water Quality Agreement.
``(3) Application.--
``(A) In general.--On receipt of an application
from a State or municipality for a grant under this
section, if the Administrator approves the request, the
Administrator shall transfer to the State or
municipality the amount of assistance determined
necessary by the Administrator, in consultation with
the Program Office, to carry out the facility upgrades
that are the subject of the application.
``(B) Form.--An application submitted by a State or
municipality under subparagraph (A) shall be in such
form and shall include such information as the
Administrator may prescribe.
``(4) Use of funds.--A State or municipality that receives
a grant under this section shall use the grant to upgrade
eligible facilities with nutrient removal technologies that are
designed to reduce total nutrients in discharged wastewater.
``(5) Cost sharing.--
``(A) Federal share.--The Federal share of the cost
of upgrading any eligible facility as described in
paragraph (1) using funds provided under this section
shall not exceed 55 percent.
``(B) Non-federal share.--The non-Federal share of
the costs of upgrading any eligible facility as
described in paragraph (1) using funds provided under
this section may be provided in the form of funds made
available to a State or municipality under--
``(i) any provision of this Act other than
this section (including funds made available
from a State water pollution control revolving
fund established under title VI); or
``(ii) any other Federal or State law.
``(b) Definitions.--In this section:
``(1) 2012 great lakes water quality agreement.--The term
`2012 Great Lakes Water Quality Agreement' means the Great
Lakes Water Quality Protocol of 2012, signed at Washington on
September 7, 2012 (further amending the Agreement between the
United States of America and Canada on Great Lakes Water
Quality, 1978, signed at Ottawa on November 22, 1978).
``(2) Eligible facility.--The term `eligible facility'
means a municipal wastewater treatment plant that--
``(A) as of the date of enactment of this section,
has a permitted design capacity to treat an annual
average of at least 500,000 gallons of wastewater per
day; and
``(B) is located within the Great Lakes System in
any of the Great Lakes States.
``(3) Great lakes states; great lakes system.--The terms
`Great Lakes States' and `Great Lakes System' have the meanings
given those terms in section 118.
``(4) Program office.--The term `Program Office' means the
Great Lakes National Program Office established by section
118(b).
``(c) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $100,000,000 for each of fiscal years
2013 through 2017. Such sums shall remain available until
expended.
``(2) Administrative costs.--The Administrator may use not
to exceed 4 percent of any amount made available under
paragraph (1) to pay administrative costs incurred in carrying
out this section.''. | Great Lakes Nutrient Removal Assistance Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Administrator of the Environmental Protection Agency (EPA) to establish a program to provide grants to Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin and municipalities in such states to upgrade eligible municipal wastewater treatment plants with nutrient removal technologies. Requires the Administrator to give priority to plants at which nutrient removal technology upgrades would: (1) produce the greatest nutrient load reductions at points of discharge, (2) result in the greatest environmental benefits to the Great Lakes System, and (3) help meet the objectives related to nutrients outlined in Annex four of the 2012 Great Lakes Water Quality Agreement. Defines as "eligible" a plant that: (1) has a permitted design capacity to treat an annual average of at least 500,000 gallons of wastewater per day, and (2) is located within the Great Lakes System in any of such states. Prohibits the federal share from exceeding 55% of the total cost of upgrading such plants. | Great Lakes Nutrient Removal Assistance Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine in the Courtroom Act of
2012''.
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's 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 media coverage of jurors.--The presiding
judge shall not permit the photographing, electronic
recording, broadcasting, or televising of any juror in
a trial proceeding, or of the jury selection process.
(3) Interlocutory appeals barred.--The decision of the
presiding judge under this subsection of whether or not to
permit, deny, or terminate the photographing, electronic
recording, broadcasting, or televising of a court proceeding
may not be challenged through an interlocutory appeal.
(4) Guidelines.--The Judicial Conference of the United
States may promulgate guidelines with respect to the management
and administration of photographing, recording, broadcasting,
or televising described under paragraphs (1) and (2).
(5) Sunset of district court authority.--The authority
under paragraph (2) shall terminate 2 years after the date of
the enactment of this Act.
(6) Procedures.--In the interests of justice and fairness,
the presiding judge of the court in which media use is desired
has discretion to promulgate rules and disciplinary measures
for the courtroom use of any form of media or media equipment
and the acquisition or distribution of any of the images or
sounds obtained in the courtroom. The presiding judge shall
also have discretion to require written acknowledgment of the
rules by anyone individually or on behalf of any entity before
being allowed to acquire any images or sounds from the
courtroom. | Sunshine in the Courtroom Act of 2012 - Authorizes the presiding judge of a U.S. appellate court (including the Supreme 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 to promulgate mandatory guidelines with respect to the management and administration of photographing, recording, broadcasting, or televising described in this Act.
Terminates a district court's authority under this Act two years after enactment of this Act. | To provide for media coverage of Federal court proceedings. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern Utah Open OHV Areas Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Washington County,
Utah.
(2) Federal land.--The term ``Federal land'' means land
owned and managed by the Bureau of Land Management in the
County that is identified on the map as ``Federal Lands
Proposed to Transfer to SITLA''.
(3) Map.--The term ``map'' means the map prepared by the
State of Utah School and Institutional Trust Lands
Administration entitled ``Sand Mountain Exchange Washington
County, Utah'' and dated June 19, 2015.
(4) Non-federal land.--The term ``non-Federal land'' means
the State land identified on the map as ``SITLA Lands Proposed
to Transfer to Federal''.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Utah.
SEC. 3. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND.
(a) In General.--If the State offers to convey to the United States
title to the non-Federal land, the Secretary shall--
(1) accept the offer; and
(2) on receipt of all right, title, and interest in and to
the non-Federal land, convey to the State all right, title, and
interest of the United States in and to the Federal land.
(b) Valid Existing Rights.--The exchange authorized under
subsection (a) shall be subject to valid existing rights.
(c) Title Approval.--Title to the Federal land and non-Federal land
to be exchanged under this section shall be in a format acceptable to
the Secretary and the State.
(d) Appraisals.--
(1) In general.--The value of the Federal land and the non-
Federal land to be exchanged under this section shall be
determined by appraisals conducted by 1 or more independent
appraisers retained by the State, with the consent of the
Secretary.
(2) Applicable law.--The appraisals under paragraph (1)
shall be conducted in accordance with nationally recognized
appraisal standards, including, as appropriate, the Uniform
Appraisal Standards for Federal Land Acquisitions.
(3) Approval.--The appraisals conducted under paragraph (1)
shall be submitted to the Secretary and the State for approval.
(4) Reimbursement of state costs.--The Secretary shall
reimburse the State in an amount equal to 50 percent of the
costs incurred by the State in retaining independent appraisers
under paragraph (1).
(e) Equal Value Exchange.--
(1) In general.--The value of the Federal land and non-
Federal land to be exchanged under this section--
(A) shall be equal; or
(B) shall be made equal in accordance with
paragraph (2).
(2) Equalization.--
(A) Surplus of federal land.--If the value of the
Federal land exceeds the value of the non-Federal land,
the value of the Federal land and non-Federal land
shall be equalized, as determined to be appropriate and
acceptable by the Secretary and the State--
(i) by reducing the acreage of the Federal
land to be conveyed;
(ii) by adding additional State land to the
non-Federal land to be conveyed; or
(iii) by the State making a cash payment to
the United States.
(B) Surplus of non-federal land.--If the value of
the non-Federal land exceeds the value of the Federal
land, the value of the Federal land and non-Federal
land shall be equalized, as determined to be
appropriate and acceptable by the Secretary and the
State--
(i) by reducing the acreage of the non-
Federal land to be conveyed; or
(ii) by the United States making a cash
payment to the State.
(f) Use of Non-Federal Land.--On the conveyance of the non-Federal
land to the Secretary under this section, the non-Federal land shall be
used only--
(1) as an open riding area for the use of off-highway
vehicles; or
(2) for any other public purpose consistent with uses
allowed under the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.).
SEC. 4. CONVEYANCE OF LAND TO WASHINGTON COUNTY, UTAH.
(a) In General.--As soon as practicable after notification by the
County and subject to valid existing rights, the Secretary shall convey
to the County, without consideration, all right, title, and interest of
the United States in and to the land described in subsection (b).
(b) Description of Land.--The land referred to in subsection (a)
consists of the land managed by the Bureau of Land Management that is
generally depicted on the map as ``Hurricane Sand Dunes (NRA)''.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the land to be conveyed to the County under this
section.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(d) Use of Conveyed Land.--The land conveyed under this section
shall be used only--
(1) as an open riding area for the use of off-highway
vehicles; or
(2) for any other public purpose consistent with uses
allowed under the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.).
(e) Administrative Costs.--The Secretary shall require the County
to pay all survey costs and other administrative costs necessary for
the preparation and completion of any patents for, and transfers of
title to, the land described in subsection (b).
(f) Conditions.--As a condition of the conveyance under subsection
(a), the County shall agree--
(1) to pay any administrative costs associated with the
conveyance including the costs of any environmental, wildlife,
cultural, or historical resources studies;
(2) to release and indemnify the United States from any
claims or liabilities that may arise from uses carried out on
the land described in subsection (b) on or before the date of
enactment of this Act by the United States or any person; and
(3) to accept such reasonable terms and conditions as the
Secretary determines necessary.
(g) Reversion.--If the land conveyed under this section ceases to
be used for a public purpose in accordance with subsection (d), the
land shall, at the discretion of the Secretary, revert to the United
States. | Southern Utah Open OHV Areas Act This bill directs the Department of the Interior to convey specified land owned and managed by the Bureau of Land Management (BLM) in Washington County, Utah, to the state of Utah in exchange for specified state lands. Upon the conveyance of the nonfederal land to Interior, such land shall be used only: (1) as an open riding area for the use of off-highway vehicles; or (2) for any other public purpose consistent with uses allowed under the Recreation and Public Purposes Act. Interior shall convey, without consideration, specified Open OHV Areas managed by the BLM to Washington County. Interior shall convey to the county, without consideration, all right, title, and interest of the United States in and to the (Open OHV Areas) land managed by the BLM and identified as Hurricane Sand Dunes (NRA). Such conveyed land shall be used only as: (1) an open riding area for the use of off-highway vehicles, or (2) for any other public purpose consistent with uses allowed under the Recreation and Public Purposes Act. | Southern Utah Open OHV Areas Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Competitive Service Act of 2015''.
SEC. 2. ADDITIONAL APPOINTING AUTHORITIES FOR COMPETITIVE SERVICE.
(a) In General.--Section 3318 of title 5, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Other Appointing Authorities.--
``(1) In general.--During the 240-day period beginning on
the date of issuance of a certificate of eligibles under
section 3317(a), an appointing authority other than the
appointing authority requesting the certificate (in this
subsection referred to as the `other appointing authority') may
select an individual from that certificate in accordance with
this subsection for an appointment to a position that is--
``(A) in the same occupational series as the
position for which the certification of eligibles was
issued (in this subsection referred to as the `original
position'); and
``(B) at a similar grade level as the original
position.
``(2) Applicability.--An appointing authority requesting a
certificate of eligibles may share the certificate with another
appointing authority only if the announcement of the original
position provided notice that the resulting list of eligible
candidates may be used by another appointing authority.
``(3) Requirements.--The selection of an individual under
paragraph (1)--
``(A) shall be made in accordance with subsection
(a); and
``(B) subject to paragraph (4), may be made without
any additional posting under section 3327.
``(4) Internal notice.--Before selecting an individual
under paragraph (1), and subject to the requirements of any
collective bargaining obligation of the other appointing
authority, the other appointing authority shall--
``(A) provide notice of the available position to
employees of the other appointing authority;
``(B) provide up to 10 business days for employees
of the other appointing authority to apply for the
position; and
``(C) review the qualifications of employees
submitting an application.
``(5) Collective bargaining obligations.--Nothing in this
subsection limits any collective bargaining obligation of an
agency under chapter 71.''.
(b) Alternative Ranking and Selection Procedures.--Section 3319 of
title 5, United States Code, is amended by striking subsection (c) and
inserting the following:
``(c) Selection.--
``(1) In general.--An appointing official may select any
applicant in the highest quality category or, if fewer than 3
candidates have been assigned to the highest quality category,
in a merged category consisting of the highest and the second
highest quality categories.
``(2) Use by other appointing officials.--Under regulations
prescribed by the Office of Personnel Management, appointing
officials other than the appointing official described in
paragraph (1) (in this subsection referred to as the `other
appointing official') may select an applicant for an
appointment to a position that is--
``(A) in the same occupational series as the
position for which the certification of eligibles was
issued (in this subsection referred to as the `original
position'); and
``(B) at a similar grade level as the original
position.
``(3) Applicability.--An appointing authority requesting a
certificate of eligibles may share the certificate with another
appointing authority only if the announcement of the original
position provided notice that the resulting list of eligible
candidates may be used by another appointing authority.
``(4) Requirements.--The selection of an individual under
paragraph (2)--
``(A) shall be made in accordance with this
subsection; and
``(B) subject to paragraph (5), may be made without
any additional posting under section 3327.
``(5) Internal notice.--Before selecting an individual
under paragraph (2), and subject to the requirements of any
collective bargaining obligation of the other appointing
authority (within the meaning given that term in section
3318(b)(1)), the other appointing official shall--
``(A) provide notice of the available position to
employees of the appointing authority employing the
other appointing official;
``(B) provide up to 10 business days for employees
of the other appointing authority to apply for the
position; and
``(C) review the qualifications of employees
submitting an application.
``(6) Collective bargaining obligations.--Nothing in this
subsection limits any collective bargaining obligation of an
agency under chapter 71.
``(7) Preference eligibles.--Notwithstanding paragraphs (1)
and (2), an appointing official may not pass over a preference
eligible in the same category from which selection is made,
unless the requirements of section 3317(b) and 3318(c), as
applicable, are satisfied.''.
(c) Technical and Conforming Amendments.--
(1) Section 3319(c)(2) of title 5, United States Code, is
amended by striking ``3318(b)'' and inserting ``3318(c)''.
(2) Section 9510(b)(5) of title 5, United States Code, is
amended by striking ``3318(b)'' and inserting ``3318(c)''.
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Director of the Office of Personnel Management shall
issue an interim final rule with comment to carry out the amendments
made by this section. | Competitive Service Act of 2015 Authorizes an appointing authority (i.e., a federal agency appointing an individual to a position in the competitive service), other than the appointing authority that requested the certificate of eligibles for filling a position in the competitive service, to select an individual from that certificate for appointment to a position that is: (1) in the same occupational series as the position for which the certificate of eligibles was issued, and (2) at a similar grade level as the original position. Sets forth requirements relating to the sharing of certificates, notice, and selection of job applicants. | Competitive Service Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfield Cleanup and Redevelopment
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Hundreds of thousands of obsolete industrial sites
nationwide are polluted with medium to low amounts of
environmental contamination.
(2) Reusing these sites requires cleanup of the
contamination, adding costs and uncertainties to the
redevelopment process.
(3) Left unused, these contaminated sites mean loss of tax
revenues and job opportunities for the community and pose
potential risks to nearby residents or people who venture onto
the site.
(4) State efforts to encourage voluntary cleanup and
redevelopment of such sites are hindered by Federal
requirements for environmental permits to conduct the cleanups
and by the lack of Federal certification of such State efforts.
(b) Purpose.--The purpose of this Act is to encourage cleanup and
redevelopment of contaminated industrial facilities (known as
``brownfields'') as economically viable alternatives to previously
undeveloped ``greenfield'' sites.
SEC. 3. CERTIFICATION OF STATE VOLUNTARY CLEANUP PROGRAMS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Administrator of the Environmental
Protection Agency (hereinafter in this Act referred to as the
``Administrator'') shall establish certification criteria for State
voluntary cleanup programs at eligible facilities. If a State meets the
criteria for certification, the Administrator shall certify the State
to carry out the cleanup program in such State at eligible facilities
in lieu of any Federal program that addresses the cleanup of such
facilities under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 or the Solid Waste Disposal
Act.
(b) Biennial Audits and Revocation of State Certification.--The
Administrator shall ensure that State programs continue to meet the
terms of the certification issued pursuant to subsection (a) by
conducting biennial audits of State voluntary cleanup programs. If the
Administrator finds that the State is not administering the program in
accordance with the terms of the certification, the Administrator shall
notify the State of deficiencies and of the Administrator's intention
to withdraw the State's certification if the deficiencies are not
resolved within 6 months. Withdrawal of State certification shall not
affect any cleanup completed and approved by the State as of the date
of such withdrawal.
(c) Specific Criteria.--The Administrator shall require that, in
order for a State voluntary cleanup program to be certified under
subsection (a), the program shall, at a minimum, contain each of the
following provisions--
(1) The program shall provide that only eligible
facilities, as described in subsection (d), may participate in
the program.
(2) The program shall provide adequate opportunities for
public participation in the development and implementation of
cleanup plans for eligible facilities. Public participation
requirements shall include but not be limited to providing
opportunity for affected parties to review and comment on
cleanup documents and plans, and providing opportunity for
public input to the remedy selection process. Affected parties
shall include but not be limited to local work force
representatives, adjacent community residents, and local
environmental and other public interest organizations.
(3) The program shall provide technical assistance
throughout each voluntary cleanup.
(4) The program shall provide adequate oversight and
enforcement authority to ensure that the voluntary cleanups
comply with Federal and State laws (except permit requirements
as provided in subsection (e)).
(5) provide for a certification from the State to the owner
or prospective purchaser of an eligible facility that the
cleanup is complete.
(d) Eligible Facilities.--For purposes of this Act, the term
``eligible facility'' means a facility or property in a State that is
determined by the State to have environmental contamination that--
(1) could prevent the timely use, development, or reuse of
the facility or property; and
(2) is limited in scope and can be comprehensively and
readily evaluated.
Such term shall not include any of the following:
(A) A facility that is eligible for abatement action under
section 106 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.
(B) A facility that, as of the date of the enactment of
this Act, is subject to Federal enforcement action under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(C) A facility included, or proposed for inclusion, on the
National Priorities List or on the comprehensive environmental
response, compensation, and liability inventory system
(``CERCLIS'') that has been evaluated as high priority under
the hazard ranking system.
(D) A facility required to have a permit under section 3005
of the Solid Waste Disposal Act that does not have a permit
under that section and does not qualify for authorization to
operate in interim status under subsection (e) of that section.
(E) A land disposal unit with respect to which a closure
notification under subtitle C of the Solid Waste Disposal Act
(42 U.S.C. 6921 et seq.) is submitted and closure requirements
are specified in a closure plan or permit.
(F) A facility subject to corrective action under section
3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C.
5924(u) or 6928(h)) that is evaluated as high priority under
the Environmental Protection Agency's National Corrective
Action Priority System as set forth in regulations under
subtitle C of the Solid Waste Disposal Act.
(G) A facility at which assistance for response activities
may be obtained pursuant to subtitle I of the Solid Waste
Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking
Underground Storage Tank Trust Fund established under section
9508 of the Internal Revenue Code of 1986.
(H) A facility owned or operated by a department, agency,
or instrumentality of the United States.
(e) Relationship to Permit Requirements.--No Federal, State, or
local permit shall be required for any cleanup conducted under a State
voluntary cleanup program certified under this section, if the cleanup
is carried out in compliance with the certified program. | Brownfield Cleanup and Redevelopment Act - Directs the Administrator of the Environmental Protection Agency to: (1) establish certification criteria for State voluntary cleanup programs at eligible facilities; and (2) certify qualified States to carry out cleanup programs at eligible facilities in lieu of any Federal program that addresses the cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or the Solid Waste Disposal Act.
Defines "eligible facility" as a facility that is determined by a State to have environmental contamination that: (1) could prevent the timely use, development, or reuse; and (2) is limited in scope and can be readily evaluated.
Requires the Administrator to ensure that State programs continue to meet the terms of certification by conducting biennial audits. Sets procedures for withdrawal of certification where deficiencies are not resolved.
Directs the Administrator to require a State program, to be certified, to provide: (1) that only eligible facilities may paraticipate; (2) adequate opportunities for public participation in the development and implementation of cleanup plans; (3) technical assistance throughout each voluntary cleanup; (4) adequate oversight and enforcement authority to ensure that the voluntary cleanups comply with Federal and State laws; and (5) for State certification to the owner or prospective purchaser of an eligible facility that the cleanup is complete.
Prohibits requiring a Federal, State, or local permit for any cleanup conducted under and in compliance with a certified State voluntary cleanup program. | Brownfield Cleanup and Redevelopment Act |
SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.
(a) Short Title.--This Act may be cited as the ``America Rx Act of
2005''.
(b) Findings.--Congress finds the following:
(1) Affordability is critical in providing access to
prescription drugs for residents of the United States.
(2) It is not the intention of the Congress to discourage
employers and health insurers from providing coverage for
prescription drugs, including discounts for the purchase of
those drugs.
(c) Purpose.--The purpose of this Act is to establish an America Rx
program that utilizes manufacturer rebates and pharmacy discounts to
reduce prescription drug prices to those residents who are without
access to discounted prices for outpatient prescription drugs.
SEC. 2. ESTABLISHMENT OF AMERICA RX PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary of Health and Human Services
shall establish a program (in this section referred to as the
``America Rx program'') consistent with the provisions of this
section to provide qualified residents with access to
discounted prices for outpatient prescription drugs.
(2) Principles.--The Secretary shall design and execute the
America Rx program in a manner consistent with the following
principles:
(A) Medicaid beneficiaries and other low-income
individuals, as well as senior citizens and the
disabled, are not hurt or disadvantaged as a result of
the program's implementation.
(B) Pharmacies participating are ensured reasonable
and timely payment of discounts they provide to
qualified residents under the program.
(C) The Federal Government will fully reimburse
States for reasonable costs they incur in carrying out
the program.
(D) Individuals who apply for benefits under the
program are screened for eligibility under the medicaid
program and other applicable Governmental health care
programs and, if found eligible, are enrolled in such
program or programs.
(E) The Secretary provides for--
(i) outreach efforts to build public
awareness of the program and maximize
enrollment of qualified residents; and
(ii) simplified eligibility procedures and
uniform eligibility standards for qualified
residents.
(3) Qualified resident defined.--For purposes of this
section, the term ``qualified resident'' means an individual
who--
(A) a citizen or national of the United States (or
an alien lawful residing permanently in the United
States); and
(B) as determined under regulations of the
Secretary, is not covered under any public or private
program that provides substantial benefits (which may
be discounted prices) towards the purchase of
outpatient prescription drugs.
(b) Rebate Agreements With Manufacturers.--
(1) In general.--Under the America Rx program the Secretary
shall negotiate with manufacturers of outpatient prescription
drugs rebate agreements with respect to drugs offered under the
program to qualified residents.
(2) Minimum amount of rebates.--In negotiating the amount
of such a rebate under paragraph (1), the Secretary shall take
into consideration the amount of the rebate calculated under
the medicaid program, the average manufacturer price of
prescription drugs, and other information on prescription drug
prices and price discounts. The Secretary shall negotiate the
amount of such rebates in a manner so that the rebates on
average are comparable to the average percentage rebate
obtained in outpatient prescription drugs provided under
section 1927(c) of the Social Security Act (42 U.S.C. 1396r-
8(c)).
(3) Payment.--Such rebates shall be payable to the
Secretary according to a schedule (not less often than
quarterly) negotiated with manufacturers and shall be paid,
directly or through States, to participating pharmacies that
provide discounts to qualified residents.
(4) Incentive.--In order to induce manufacturers of
outpatient prescription drugs to enter into such rebate
agreements, the Secretary shall, in a manner consistent with
the design principle specified in subsection (a)(2), provide,
in the case of a manufacturer that has not entered into such an
agreement, for a denial of a deduction under chapter 1 of the
Internal Revenue Code of 1986 for the amount of expenses of the
manufacturer for advertising and marketing of drugs of the
manufacturer, other than expenses for free samples of drugs
subject to section 503(b)(1) of the Federal Food Drug, and
Cosmetic Act intended to be distributed to patients.
(5) Application of rebates.--Amounts received by the
Secretary as rebates under this subsection shall be placed into
an appropriate account in the Treasury and shall be available
in advance of appropriations to the Secretary for the payment
of discounts and other costs of participating pharmacies in
carrying out the America Rx program and for the payment of
administrative costs in carrying out the program.
(c) Arrangements With Participating Pharmacies.--
(1) In general.--Under the America Rx program arrangements
are made with pharmacies for the provision of prescription
drugs at discounted prices to qualified residents in a
reasonably accessible manner. Such arrangements shall provide
that--
(A) each participating pharmacy shall--
(i) provide discounts on prices for
outpatient prescription drugs for qualified
residents in return for prompt reimbursement of
the amount of such discounts and a reasonable
dispensing fee;
(ii) not charge qualified residents more
(before such discounts) for outpatient
prescription drugs than the amount that
individuals who are not qualified residents are
charged for such drugs; and
(iii) report to the Secretary (or the
Secretary's designee) information regarding the
discounts provided and fees incurred; and
(B) the program shall--
(i) reimburse a participating retail
pharmacy on a prompt basis (no less promptly
than as provided under the medicare program)
for discounted prices provided to qualified
residents under the program and for reasonable
dispensing fees; and
(ii) not impose any additional fees on such
pharmacies in connection with participation in
the program.
(2) Discounted prices.--The amount of the discount provided
to enrolled qualifying residents shall reflect the amount of
rebates obtained, reduced by expenses relating to
administrative costs of the Federal and State governments and
of participating pharmacies. The Secretary shall specify the
method for computing and applying discounts, including a method
for computing and applying discounts on a uniform, average
percentage basis.
(d) Administration.--
(1) In general.--Under the America Rx program the Secretary
may enter into appropriate arrangements with States under which
States provide for the administration of the program in return
for payment of the reasonable administrative expenses
associated with such administration.
(2) Administrative functions.--Such administration
functions may include--
(A) determinations of eligibility of qualified
residents;
(B) arrangements with participating pharmacies; and
(C) such other functions as the Secretary
determines appropriate.
(3) Contractual authority.--In carrying out
responsibilities under this section, the Secretary and States
may enter into agreements with pharmacy benefit managers and
other third parties.
(e) Definitions.--For purposes of this section:
(1) The term ``manufacturer'' has the meaning given such
term in section 1927(k)(5) of the Social Security Act (42
U.S.C. 1396r-8(k)(5)).
(2) The term ``medicaid program'' means a State program
under title XIX of the Social Security Act, including such a
program operating under a Statewide waiver under section 1115
of such Act.
(3) The term ``outpatient prescription drug'' has the
meaning given the term ``covered outpatient drug'' in section
1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-
8(k)(2)).
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
(5) The term ``State'' has the meaning given such term for
purposes of title XIX of the Social Security Act. | America Rx Act of 2005 - Directs the Secretary of Health and Human Services to establish the America Rx program to provide U.S. residents who are not covered under any public or private program that provides substantial benefits towards the purchase of outpatient prescription drugs with access to discounted prices for such drugs.
Requires the Secretary to negotiate rebate agreements with drug manufacturers and deny tax deductions for advertising and marketing of drugs of manufacturers choosing not to participate in the program.
Provides for arrangements under the program: (1) for pharmacies to provide qualified residents prescription drugs at discounted prices in exchange for discount reimbursement by the Secretary and reasonable dispensing fees; and (2) for States to provide for program administration in return for payment of reasonable administrative expenses. | To establish an America Rx program to establish fairer pricing for prescription drugs for individuals without access to prescription drugs at discounted prices. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Accountability Tax Gap Act
of 2005''.
SEC. 2. AVAILABILITY OF CERTAIN TAX INFORMATION OF PUBLICLY TRADED
CORPORATIONS.
(a) In General.--Section 6103 of the Internal Revenue Code of 1986
is amended by redesignating subsection (q) as subsection (r) and by
inserting after subsection (p) the following new subsection:
``(q) Public Disclosure of Certain Corporate Tax Information.--
``(1) In general.--Each specified corporation shall, on the
date that it files its return of tax imposed by chapter 1 for
each taxable year, electronically file the information
described in paragraph (2) for such year. Not later than 30
days after receiving such information, the Secretary shall make
it electronically available to the public as a single document
and as part of a searchable database as provided in paragraph
(3).
``(2) Information.--The information described in this
paragraph with respect to a corporation for a taxable year are
the following items:
``(A) Net corporate income tax as shown on the
return for such year.
``(B) Amount shown as Federal income tax expense on
its annual statement (if any) filed with the Securities
and Exchange Commission.
``(C) Taxable income as shown on such return.
``(D) Adjusted book income.
``(E) The portion of the total difference between
taxable income and adjusted book income which is
attributable to each of the following:
``(i) Transactions disclosable under
section 6011.
``(ii) Depreciation differences.
``(iii) Stock options.
``(iv) Income from entities consolidated
for book income purposes but not for Federal
income tax purposes.
``(v) Income from pension funds or tax-
exempt bonds.
``(vi) Other items, pursuant to regulations
prescribed by the Secretary.
``(F) An explanation of the differences between
taxable income and adjusted book income that are
attributable to one or more of the following:
``(i) Transactions referred to in
subparagraph (E)(i).
``(ii) Other items specified in regulations
referred to in subparagraph (E)(vi).
``(iii) Any additional information that the
Secretary determines would be useful in
enforcing this title, including any information
which is an indicia of abusive tax avoidance
schemes.
``(3) Access.--The Secretary shall make the information
described in paragraph (2) accessible electronically by a
search which uses the following items:
``(A) Name of the corporation.
``(B) Headquarters location by postal zip code.
``(C) Each category of such information.
``(D) Taxable year or other time period to which
such information relates.
``(E) The CUSIP identification number under which
the corporation files reports with the Securities and
Exchange Commission.
``(4) Specified corporation.--For purposes of this
subsection, the term `specified corporation' means--
``(A) any corporation issuing any class of
securities required to be registered under section 12
of the Securities Exchange Act of 1934, and
``(B) any other domestic corporation which is a
member of an affiliated group (as defined in section
1504) which includes a corporation described in
subparagraph (A).
In the case of a corporation which is a member of an affiliated
group filing a consolidated return, the term `specified
corporation' means such group and not each member thereof.
``(5) Other definitions.--For purposes of this subsection--
``(A) Net corporate income tax.--The term `net
corporate income tax' means the sum of regular tax
liability (as defined by section 26(b)) and the tax
imposed by section 55, reduced by the credits allowable
under part IV of subchapter A of chapter 1.
``(B) Adjusted book income.--The term `adjusted
book income' means book income reported to the
Securities and Exchange Commission (or to shareholders)
without reduction for preferred stock dividends,
Federal income taxes, and income, war profits, or
excess profits taxes imposed by any foreign country or
possession of the United States.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. STUDY OF TAX SHELTER ACTIVITY.
(a) Study.--The Secretary of the Treasury (or the Secretary's
delegate) shall, in coordination with the Joint Committee on Taxation,
Committee on Finance of the Senate, and the Committee on Ways and Means
of the House of Representatives, conduct a study of recent known
corporate tax shelter activity, including information gained from the
tax shelter amnesty announced in Internal Revenue Service Announcement
2002-02 and from the study of Enron tax returns by the Committee on
Finance of the Senate.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the report of such study shall be submitted to the
Committee on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives. Such report shall include
recommendations (if any) for--
(1) requiring additional information on the reconciliation
of book/tax accounting and publicly disclosing that additional
information under section 6103(q) of the Internal Revenue Code
of 1986, and
(2) publicly disclosing additional information from the
corporate income tax return.
Such report also shall include a description of the actions that such
Secretary has taken toward implementing any such recommendations. | Corporate Accountability Tax Gap Act of 2005 - Amends the Internal Revenue Code to provide for public disclosure of certain information of publicly traded corporations, including: (1) net corporate income tax and taxable income as shown on the corporation's current year tax return; (2) adjusted book income; and (3) differences between taxable income and adjusted book income due to certain transactions, depreciation differences, stock options, and other factors. Directs the Secretary of the Treasury to conduct a study of corporate tax shelter activity. | To amend the Internal Revenue Code of 1986 to require greater transparency of corporate tax accounting measures, to facilitate analysis of financial statements, to permit inspection of true corporate tax liability and understand the tax strategies undertaken by corporations, to discourage abusive tax sheltering activities, and to restore investor confidence in publicly traded corporations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dr. Martin Luther King, Jr.,
Commemorative Coin Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Dr. Martin Luther King, Jr. dedicated his life to
securing the Nation's fundamental principles of liberty and
justice for all its citizens;
(2) Dr. Martin Luther King, Jr. was the leading civil
rights advocate of his time, spearheading the civil rights
movement in the United States during the 1950's and 1960's;
(3) Dr. Martin Luther King, Jr. was the keynote speaker at
the August 28, 1963, March on Washington, the largest rally of
the civil rights movement, during which, from the steps of the
Lincoln Memorial and before a crowd of more than 200,000
people, he delivered his famous ``I Have A Dream'' speech, one
of the classic orations in American history;
(4) Dr. Martin Luther King, Jr. was a champion of
nonviolence, fervently advocated nonviolent resistance as the
strategy to end segregation and racial discrimination in
America, and was awarded the 1964 Nobel Peace Prize in
recognition of his efforts;
(5) all Americans should commemorate the legacy of Dr.
Martin Luther King, Jr. so ``that one day this Nation will rise
up and live out the true meaning of its creed: `We hold these
truths to be self-evident; that all men are created equal.''';
and
(6) efforts are underway to secure the personal papers of
Dr. Martin Luther King, Jr., for the Library of Congress so
that they may be preserved and studied for generations to come.
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 500,000 $1 coins, 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.
SEC. 4. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
from all available sources, including stockpiles established under the
Strategic and Critical Materials Stock Piling Act.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the human rights legacy and
leadership of Dr. Martin Luther King, Jr.
(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 ``2003''; 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
Librarian of Congress, the Commission of Fine Arts, and the
estate of Dr. Martin Luther King, Jr.; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2003.
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (c) 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) Surcharges.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 5134(f) of title 31, United States Code, all
surcharges received by the Secretary from the sale of coins issued
under this Act shall be promptly paid by the Secretary to the Library
of Congress for the purposes of purchasing and maintaining historical
documents and other materials associated with the life and legacy of
Dr. Martin Luther King, Jr. | Dr. Martin Luther King, Jr., Commemorative Coin Act of 2001 - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the human rights legacy and leadership of Dr. Martin Luther King, Jr. | A bill to require the Secretary of the Treasury to mint coins in commemoration of the contributions of Dr. Martin Luther King, Jr., to the United States. |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Liberian Refugee Immigration
Fairness Act of 2001''.
SEC. 2. ADJUSTMENT OF STATUS.
(a) Adjustment of Status.--
(1) In general.--
(A) Eligibility.--The Attorney General shall adjust
the status of an alien described in subsection (b) to
that of an alien lawfully admitted for permanent
residence, if the alien--
(i) applies for adjustment before April 1,
2003; and
(ii) is otherwise eligible to receive an
immigrant visa and is otherwise admissible to
the United States for permanent residence,
except that, in determining such admissibility,
the grounds for inadmissibility specified in
paragraphs (4), (5), (6)(A), and (7)(A) of
section 212(a) of the Immigration and
Nationality Act shall not apply.
(B) Ineligible aliens.--An alien shall not be
eligible for adjustment of status under this section if
the Attorney General finds that the alien has been
convicted of--
(i) any aggravated felony (as defined in
section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)); or
(ii) two or more crimes involving moral
turpitude.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1), if otherwise
qualified under that paragraph. Such an alien may not be
required, as a condition on submitting or granting such
application, to file a separate motion to reopen, reconsider,
or vacate such order. If the Attorney General grants the
application, the Attorney General shall cancel the order. If
the Attorney General makes a final decision to deny the
application, the order shall be effective and enforceable to
the same extent as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided by subsection (a)
shall apply to any alien--
(A) who is--
(i) a national of Liberia; and
(ii) has been continuously present in the
United States from January 1, 2001, through the
date of application under subsection (a); or
(B) who is the spouse, child, or unmarried son or
daughter of an alien described in subparagraph (A).
(2) Determination of continuous physical presence.--For
purposes of establishing the period of continuous physical
presence referred to in paragraph (1), an alien shall not be
considered to have failed to maintain continuous physical
presence by reasons of an absence, or absences, from the United
States for any period or periods amounting in the aggregate to
not more than 180 days.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien who is subject to a final order of
deportation or removal or exclusion to seek a stay of such
order based on the filing of an application under subsection
(a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order an alien to be removed from the United
States if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and has applied for
adjustment of status under subsection (a), except where the
Attorney General has made a final determination to deny the
application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the
alien with an ``employment authorized'' endorsement or other
appropriate document signifying authorization of employment,
except that, if such application is pending for a period
exceeding 180 days and has not been denied, the Attorney
General shall authorize such employment.
(d) Record of Permanent Residence.--Upon approval of an alien's
application for adjustment of status under subsection (a), the Attorney
General shall establish a record of the alien's admission for permanent
record as of the date of the alien's arrival in the United States.
(e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this section is final and shall not be subject to review by any court.
(g) No Offset in Number of Visas Available.--Whenever an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in the Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, function, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted the status of having been lawfully admitted
for permanent residence under this section shall not preclude the alien
from seeking such status under any other provision of law for which the
alien may be eligible. | Liberian Refugee Immigration Fairness Act of 2001 - Provides for the permanent resident status adjustment of certain Liberian nationals. | A bill to provide for the adjustment of status of certain nationals of Liberia to that of lawful permanent residence. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Patient Access to
Physicians Act of 2002''.
SEC. 2. REFORM OF THE MEDICARE PHYSICIAN PAYMENT UPDATE SYSTEM THROUGH
ELIMINATION OF THE SUSTAINABLE GROWTH RATE (SGR) PAYMENT
UPDATE SYSTEM.
(a) In General.--Section 1848(d) of the Social Security Act (42
U.S.C. 1395w-4(d)) is amended by adding at the end the following new
paragraphs:
``(5) Update for 2003.--The update to the single conversion
factor established in paragraph (1)(C) for 2003 is 2.5 percent.
``(6) Update for years beginning with 2004.--
``(A) In general.--Unless otherwise provided by
law, subject to the budget-neutrality factor determined
by the Secretary under subsection (c)(2)(B)(ii), the
update to the single conversion factor established in
paragraph (1)(C) for a year beginning with 2004 is
equal to the product of--
``(i) 1 plus the Secretary's estimate of
the percentage change in the value of the input
price index (as provided under subparagraph
(B)(ii)) for the year (divided by 100); and
``(ii) 1 minus the Secretary's estimate of
the productivity adjustment factor under
subparagraph (C) for the year.
``(B) Input price index.--
``(i) Establishment.--Taking into account
the mix of goods and services included in
computing the medicare economic index (referred
to in the fourth sentence of section
1842(b)(3)), the Secretary shall establish an
index that reflects the weighted-average input
prices for physicians' services for a year.
Such index shall only account for input prices
and not changes in costs that may result from
other factors (such as productivity).
``(ii) Annual estimate of change in
index.--The Secretary shall estimate, before
the beginning of each year (beginning with
2004) the change in the value of the input
price index under clause (i) from the previous
year to the year involved.
``(C) Productivity adjustment factor.--The
Secretary shall estimate, and cause to be published in
the Federal Register not later than November 1 before
the beginning of each year (beginning with 2004), a
productivity adjustment factor that reflects the Secretary's estimate
of growth in multifactor productivity in the national economy, taking
into account growth in productivity attributable to both labor and
nonlabor factors. Such adjustment may be based on a multi-year moving
average of productivity (based on data published by the Bureau of Labor
Statistics).''.
(b) Conforming Amendments.--Section 1848 of the such Act (42 U.S.C.
1395w-4) is amended--
(1) in subsection (d)(1)(A), by striking ``subparagraph
(B))'' and all that follows and inserting the following:
``subparagraph (B))--
``(i) for years before 2001, adjusted by
the update (established under paragraph (3))
for the year involved;
``(ii) for 2001 and 2002, multiplied by the
update (established under paragraph (4)) for
the year involved;
``(iii) for 2003, multiplied by the update
(established under paragraph (5)) for that
year; and
``(iv) for 2004 and each subsequent year,
multiplied by the update (established under
paragraph (6)) for the year involved.'';
(2) by striking clause (i) of subsection (d)(1)(E) and
inserting the following:
``(i) cause to have published in the
Federal Register not later than November 1--
``(I) of 2000 and each subsequent
year, the conversion factor which will
apply to physicians' services for the
succeeding year;
``(II) of 2000 and 2001, the update
determined under paragraph (4) for such
succeeding year and the allowed
expenditures under such paragraph for
the succeeding year;
``(III) of 2002, the update
determined under paragraph (5) for
2003; and
``(IV) of 2003 and each subsequent
year, the update determined under
paragraph (6) for the succeeding year;
and'';
(3) in subsection (d)(1)(E)(ii), by inserting ``(for years
before 2003)'' after ``the sustainable growth rate'';
(4) in subsection (d)(4)--
(A) in the heading, by striking ``years beginning
with 2001'' and inserting ``2001 and 2002'';
(B) in subparagraph (A), in the matter preceding
clause (i), by striking ``for a year beginning with
2001'' and inserting ``for 2001 and 2002'';
(C) in subparagraph (C)(iii), by striking ``Years
beginning with 2000.--The allowed expenditures for a
year (beginning with 2000)'' and inserting ``2000 and
2001.--The allowed expenditures for each of years 2000
and 2001'';
(D) in subparagraph (E), by striking ``beginning
with 2001'' and ``for a year beginning with 2001'' and
inserting ``2001 and 2002'' and ``for 2001 and 2002'',
respectively; and
(E) in subparagraph (F), by striking ``subparagraph
(A)'' and all that follows and inserting ``subparagraph
(A), for each of 2001 and 2002, of -0.2 percent.''; and
(5) in subsection (f)--
(A) in paragraph (1)(B), by striking ``November 1
of each succeeding year'' and inserting ``November 1,
2001,'';
(B) in paragraph (2), by inserting ``and ending
with 2002'' after ``beginning with 2000'';
(C) in paragraph (3), by striking ``for a year
beginning with 2001'' and inserting ``for 2001 and
2002'';
(D) by striking subparagraph (C) of paragraph (3);
and
(E) in paragraph (4)(C)(ii), by inserting ``and
ending with 2002'' after ``beginning with 2000''.
(c) MedPAC Report on Payment for Physicians' Services.--Not later
than 1 year after the date of the enactment of this Act, the Medicare
Payment Advisory Commission shall submit to Congress a report on the
effect of refinements to the practice expense component of payments for
physicians' services, after the transition to full resource-based
payment system in 2002, under section 1848 of the Social Security Act
(42 U.S.C. 1395w-4) that examines the following matters by physician
specialty:
(1) The effect of such refinements on payment for
physicians' services.
(2) The interaction of the practice expense component with
other components of and adjustments to payment for physicians'
services under such section.
(3) The appropriateness of the amount of compensation by
reason of such refinements on physicians.
(4) The effect of such refinements on access to care by
medicare beneficiaries to physicians' services.
(5) The effect of such refinements on physician
participation under the medicare program. | Preserving Patient Access to Physicians Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the Medicare physician payment update system, to: (1) specify the update to the single conversion factor for 2003; (2) prescribe an update for years beginning with 2004; (3) direct the Secretary of Health and Human Services to establish an index that reflects the weighted-average input prices for physicians' services for a year; and (4) require the Secretary to estimate annually a productivity adjustment factor reflecting estimated growth in multifactor productivity attributable to both labor and nonlabor factors. (Thus eliminates the sustainable growth rate (SGR) payment update system). | To amend title XVIII of the Social Security Act to reform the Medicare physician payment update system through repeal of the sustainable growth rate (SGR) payment update system. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Health Care Subsidies for Illegal
Aliens Act of 2011''.
SEC. 2. PROCEDURES FOR ELIGIBILITY DETERMINATIONS UNDER TITLE I OF THE
PATIENT PROTECTION AND AFFORDABLE CARE ACT.
(a) Requirements for In-Person Attestation of Citizenship Status or
Status as Eligible Lawful Permanent Resident.--Section 1411 of the
Patient Protection and Affordable Care Act is amended--
(1) in subsection (a), by striking ``Establishment of
Program.--'' and all that follows through ``determining--'' and
inserting ``Verification Process.--The Secretary shall ensure
that eligibility determinations required by this Act are
conducted in accordance with the requirements of this section,
including requirements for determining--'';
(2) in subsection (a)(1), by inserting ``eligible'' before
``alien''; and
(3) in subsection (b)(1)--
(A) by striking ``provide--'' and inserting
``appear in person to provide the Exchange with the
following:''; and
(B) by redesignating subparagraph (B) as
subparagraph (C), by striking ``and'' at the end of
subparagraph (A), and by inserting after subparagraph
(A) the following:
``(B) a sworn statement, under penalty of perjury,
specifically attesting to the fact that the enrollee is
either--
``(i) a citizen or national of the United
States; or
``(ii) an alien who meets the requirements
under under subsection (a)(1) for eligibility
for coverage under a qualified health plan
offered through an Exchange; and''.
(b) Requirements for Establishment of Status.--
(1) In general.--Section 1411(b)(2) of such Act is amended
by striking subparagraphs (A) and (B) and inserting the
following:
``(A) Evidence of citizenship or nationality.--In
the case of an enrollee whose eligibility is based on
attestation of citizenship of the enrollee,
satisfactory documentary evidence, provided by the
applicant, of citizenship or nationality (within the
meaning of section 1903(x) of the Social Security Act
(42 U.S.C. 1396b)).
``(B) Evidence of satisfactory immigration
status.--In the case of an enrollee whose eligibility
is based on attestation of the enrollee's immigration
status--
``(i) such information as is necessary for
the applicant to demonstrate that the enrollee
is in ``satisfactory immigration status'' as
defined and in accordance with the Systematic
Alien Verification for Entitlements (SAVE)
program established by section 1137 of the
Social Security Act (42 U.S.C. 1320b-7), and
``(ii) such other additional identifying
information as the Secretary, in consultation
with the Secretary of Homeland Security, may
require in order for the applicant to
demonstrate satisfactory immigration status of
the enrollee.''.
(2) Verification of eligibility by exchange through
documentation.--
(A) Eligibility verification by exchange.--Section
1411(c) of such Act is amended--
(i) by striking the subsection heading and
inserting ``Verification of Eligibility Through
Documentation.--''; and
(ii) by striking paragraphs (1) and (2) and
inserting the following:
``(1) In general.--Each Exchange shall conduct eligibility
verification, using the information provided by an applicant
under subsection (b), in accordance with this subsection.
``(2) Verification of citizenship or immigration status.--
``(A) Verification of attestation of citizenship.--
Each Exchange shall verify, based on satisfactory
documentary evidence of citizenship or nationality
provided in accordance with subsection (b)(2)(A), the
eligibility for enrollment of each individual who has
been attested by an applicant, as required by
subsection (b)(1)(B), to be a citizen or national of
the United States.
``(B) Verification of attestation of eligible
immigration status.--Each Exchange shall verify, based
on evidence provided pursuant to subsection (b)(2)(B),
the eligibility for enrollment of each individual who
has been attested by an applicant, as required by
subsection (b)(1)(B), to be an alien who is eligible
for coverage under a qualified health plan offered
through an Exchange.''.
(B) Documentation provided with application.--
Section 1411(b)(1)(C) of such Act (as redesignated
under subsection (a)(3)(A)) is amended by inserting
``and documentation thereof in accordance with this
section'' before the period.
(3) Elimination of secretarial authority to make
modifications to methods for verification.--Section 1411(c)(4)
of such Act is amended--
(A) by striking ``Methods.--'' and all that follows
through ``The Secretary, in consultation'' and
inserting ``Methods.--The Secretary, in consultation'';
(B) by striking subparagraph (B); and
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively.
(4) Conforming amendments relating to requirements for
secretarial verification.--
(A) In general.--Section 1411 of such Act is
amended by striking subsection (d) and redesignating
subsections (e) through (i) as subsections (d) through
(h), respectively.
(B) Additional conforming amendments.--Subsection
(d) of such section 1411 (as redesignated by
subparagraph (A)) is amended--
(i) in paragraph (1), by striking the last
sentence; and
(ii) in subparagraphs (A) and (B) of
paragraph (2), by striking ``subsections (c)
and (d)'' each place it appears and inserting
``subsection (c)''.
(5) Treatment of inconsistencies in accordance with
existing process.--Section 1411(d)(3) of such Act (as
redesignated by paragraph (4)(A)) is amended by striking
``under section 1902(ee) of the Social Security Act (as in
effect on January 1, 2010)'' and inserting ``pursuant to the
verification process established consistent with section 1137
of the Social Security Act (as in effect as of January 1,
2011)''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply as if included in the
enactment of the Patient Protection and Affordable Care Act. | No Health Care Subsidies for Illegal Aliens Act of 2011 - Amends the Patient Protection and Affordable Care Act (PPACA) to revise the procedures for determining eligibility for participation in a state health care insurance exchange (Exchange), with respect to citizenship or immigration status, to: (1) require an applicant for enrollment in a qualified health plan (enrollee) to appear in person at an Exchange and submit a sworn statement, under penalty of perjury, that the enrollee is a citizen or national of the United States or an eligible alien; (2) expand the documentary evidence that enrollees must submit for purposes of verifying eligibility; (3) require Exchanges (currently, the Secretary of Health and Human Services [HHS]) to verify citizenship or immigration status of enrollees based on satisfactory documentary evidence; (4) eliminate the authority of the Secretary to modify the methods used to verify enrollee eligibility; and (5) eliminate provisions authorizing the Secretary to verify the accuracy of submitted information. Applies this Act as if included in the enactment of PPACA. | To amend title I of the Patient Protection and Affordable Care Act to provide for appropriate procedures under such title for verification of citizenship status. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Trails System Willing
Seller Act''.
SEC. 2. AUTHORITY TO ACQUIRE LAND FROM WILLING SELLERS FOR CERTAIN
TRAILS.
(a) Oregon National Historic Trail.--Section 5(a)(3) of the
National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by adding
at the end the following: ``No land or interest in land outside the
exterior boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the consent of the
owner of the land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be limited
to an average of not more than \1/4\ mile on either side of the
trail.''.
(b) Mormon Pioneer National Historic Trail.--Section 5(a)(4) of the
National Trails System Act (16 U.S.C. 1244(a)(4)) is amended by adding
at the end the following: ``No land or interest in land outside the
exterior boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the consent of the
owner of the land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be limited
to an average of not more than \1/4\ mile on either side of the
trail.''.
(c) Continental Divide National Scenic Trail.--Section 5(a)(5) of
the National Trails System Act (16 U.S.C. 1244(a)(5)) is amended by
adding at the end the following: ``No land or interest in land outside
the exterior boundaries of any federally administered area may be
acquired by the Federal Government for the trail except with the
consent of the owner of the land or interest in land. The authority of
the Federal Government to acquire fee title under this paragraph shall
be limited to an average of not more than \1/4\ mile on either side of
the trail.''.
(d) Lewis and Clark National Historic Trail.--Section 5(a)(6) of
the National Trails System Act (16 U.S.C. 1244(a)(6)) is amended by
adding at the end the following: ``No land or interest in land outside
the exterior boundaries of any federally administered area may be
acquired by the Federal Government for the trail except with the
consent of the owner of the land or interest in land. The authority of
the Federal Government to acquire fee title under this paragraph shall
be limited to an average of not more than \1/4\ mile on either side of
the trail.''.
(e) North Country National Scenic Trail.--Section 5(a)(8) of the
National Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding
at the end the following: ``No land or interest in land outside the
exterior boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the consent of the
owner of the land or interest in land.''.
(f) Ice Age National Scenic Trail.--Section 5(a)(10) of the
National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by adding
at the end the following: ``No land or interest in land outside the
exterior boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the consent of the
owner of the land or interest in land.''.
(g) Potomac Heritage National Scenic Trail.--Section 5(a)(11) of
the National Trails System Act (16 U.S.C. 1244(a)(11)) is amended--
(1) by striking the fourth and fifth sentences; and
(2) by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner
of the land or interest in land.''.
(h) Nez Perce National Historic Trail.--Section 5(a)(14) of the
National Trails System Act (16 U.S.C. 1244(a)(14)) is amended--
(1) by striking the fourth and fifth sentences; and
(2) by adding at the end the following: ``No land or
interest in land outside the exterior boundaries of any
federally administered area may be acquired by the Federal
Government for the trail except with the consent of the owner
of the land or interest in land. The authority of the Federal
Government to acquire fee title under this paragraph shall be
limited to an average of not more than \1/4\ mile on either
side of the trail.''.
SEC. 3. CONFORMING AMENDMENT.
Section 10 of the National Trails System Act (16 U.S.C. 1249) is
amended by striking subsection (c) and inserting the following:
``(c) Authorization of Appropriations.--
``(1) In general.--Except as otherwise provided in this
Act, there are authorized to be appropriated such sums as are
necessary to implement the provisions of this Act relating to
the trails designated by section 5(a).
``(2) Natchez trace national scenic trail.--
``(A) In general.--With respect to the Natchez
Trace National Scenic Trail (referred to in this
paragraph as the `trail') designated by section
5(a)(12)--
``(i) not more than $500,000 shall be
appropriated for the acquisition of land or
interests in land for the trail; and
``(ii) not more than $2,000,000 shall be
appropriated for the development of the trail.
``(B) Participation by volunteer trail groups.--The
administering agency for the trail shall encourage
volunteer trail groups to participate in the
development of the trail.''. | National Trails System Willing Seller Act - Amends the National Trails System Act to: (1) prohibit the federal acquisition of land and interest in land outside the exterior boundaries of any federally administered area, except with the owner's consent, for the Oregon, Mormon Pioneer, Lewis and Clark, and Nez Perce National Historic Trails and the Continental Divide, North Country, Ice Age, and Potomac Heritage National Scenic Trails; and (2) provide that federal authority to acquire fee title shall be limited to an average of not more than one-quarter mile on either side of the Oregon, Mormon Pioneer, Continental Divide, Lewis and Clark, and Nez Perce trails.
Authorizes appropriations to implement the provisions of the Act relating to trails designated by the Act as national scenic or historic trails. Limits funding for the acquisition of land or interests for, or for the development of, the Natchez Trace National Scenic Trail.
Instructs the administering agency for the Natchez Trace National Scenic Trail to encourage volunteer trail groups' participation in the development of such Trail. | To amend the National Trails System Act to clarify Federal authority relating to land acquisition from willing sellers for the majority of the trails in the System, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Education Enhancement
Opportunities Act of 2006''.
SEC. 2. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO ENROLL UNDER
THE MONTGOMERY GI BILL.
(a) In General.--Chapter 30 of title 38, United States Code, is
amended by inserting after section 3018C the following new section:
``Sec. 3018D. Opportunity for certain active-duty personnel to enroll
``(a)(1) Notwithstanding any other provision of law, an individual
described in subsection (b) who makes an irrevocable election under
this section during the one-year period beginning on the date of the
enactment of this section, shall be entitled to basic educational
assistance under this chapter.
``(2) The Secretary of each military department shall provide for
procedures for a qualified individual to make an irrevocable election
under this section in accordance with regulations prescribed by the
Secretary of Defense for the purpose of carrying out this section or
which the Secretary of Homeland Security shall provide for such purpose
with respect to the Coast Guard when it is not operating as a service
in the Navy.
``(b) An individual described in this subsection is an individual
who--
``(1) first became a member of the Armed Forces or first
entered on active duty as a member of the Armed Forces on or
after January 1, 1977, and before July 1, 1985;
``(2) has served on active duty without a break in service
since the date the individual first became such a member or
first entered on active duty as such a member and continues to
serve on active duty for some or all of the one-year period
referred to in subsection (a);
``(3) has not enrolled in the educational benefits program
provided by chapter 32 of this title;
``(4) before making an election under this section, has
completed the requirements of a secondary school diploma (or
equivalency certificate) or has successfully completed (or
otherwise received academic credit for) the equivalent of 12
semester hours in a program of education leading to a standard
college degree; and
``(5) when discharged or released from active duty, is
discharged or released therefrom with an honorable discharge.
``(c)(1) Subject to the succeeding provisions of this subsection,
with respect to an individual described in subsection (b) who makes an
election under this section to become entitled to basic educational
assistance under this chapter--
``(A) the basic pay of the individual shall be reduced (in
a manner determined by the Secretary concerned) until the total
amount by which such basic pay is reduced is $2,700; and
``(B) to the extent that the basic pay of the individual is
not so reduced before the qualified individual's discharge or
release from active duty as specified in subsection (b)(4), at
the election of the qualified individual, the Secretary
concerned shall collect from the qualified individual or reduce
the retired or retainer pay of the qualified individual by an
amount equal to the difference between $2,700 and the total
amount of reductions under subparagraph (A), which shall be
paid into the Treasury of the United States as miscellaneous
receipts.
``(2)(A) The Secretary concerned shall provide for an 18-month
period, beginning on the date the individual makes an election under
this section, for the individual to pay that Secretary the amount due
under paragraph (1).
``(B) Nothing in subparagraph (A) shall be construed as modifying
the period of eligibility for and entitlement to basic educational
assistance under this chapter applicable under section 3031 of this
title.
``(d) With respect to individuals described in subsection (b) from
whom the Secretary is required to collect an amount under paragraph (1)
of subsection (c), no amount of educational assistance allowance under
this chapter shall be paid to the individual until the earlier of the
date on which--
``(1) the Secretary concerned collects the applicable
amount under subparagraph (A) of such paragraph; or
``(2) the retired or retainer pay of the individual is
first reduced under subparagraph (B) of such paragraph.
``(e) The Secretary, in conjunction with the Secretary of Defense,
shall provide for notice of the opportunity under this section to elect
to become entitled to basic educational assistance under this
chapter.''.
(b) Conforming Amendments.--Such title is further amended--
(1) in section 3013(d), by striking ``or 3018C'' and
inserting ``3018C, or 3018D''; and
(2) in section 3017(b)(1) of such title is amended--
(A) in subparagraphs (A) and (C), by striking ``or
3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and
(B) in subparagraph (B), by inserting ``or
3018D(c)'' after ``under section 3018C(e)''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of such title is amended by inserting after the item
relating to section 3018C the following new item:
``3018D. Opportunity for certain active-duty personnel to enroll.''. | Military Education Enhancement Opportunities Act of 2006 - Allows certain active duty members of the Armed Forces to elect to receive basic educational assistance benefits. | To amend title 38, United States Code, to provide for certain servicemembers to become eligible for educational assistance under the Montgomery GI Bill. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Receiving Electronic Statements To
Improve Retiree Earnings Act''.
SEC. 2. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION.
(a) Amendments to Employee Retirement Income Security Act of
1974.--
(1) In general.--Part 1 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021
et seq.) is amended by adding at the end the following:
``SEC. 112. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION.
``A document of any type that is required or permitted under this
title to be furnished to a plan participant, beneficiary, or other
individual with respect to a pension plan may be furnished in
electronic form if--
``(1) the system for furnishing such a document--
``(A) is designed to result in effective access to
the document by the participant, beneficiary, or other
specified individual through electronic means,
including--
``(i) the direct delivery of material to an
electronic address of such participant,
beneficiary, or individual,
``(ii) the posting of material to a website
or other internet or electronic-based
information repository to which access has been
granted to such participant, beneficiary, or
individual, but only if proper notice of the
posting has been provided (which may include
notice furnished by other electronic means if
the content of the notice conveys the need to
take action to access the posted material), and
``(iii) other electronic means reasonably
calculated to ensure actual receipt of the
material by such participant, beneficiary, or
individual,
``(B) permits the participant, beneficiary, or
other individual to select the specific electronic
means through which such a document shall be furnished,
to modify that selection at any time, or to elect at
any time to begin receiving paper versions of such
documents at no additional direct cost to the
individual, and
``(C) protects the confidentiality of personal
information relating to such participant's,
beneficiary's, or individual's accounts and benefits,
``(2) an annual paper notice is provided to each
participant, beneficiary, or other individual that describes--
``(A) the selection of the specific electronic
means for the furnishing of such documents made by the
participant, beneficiary, or other individual under
paragraph (1)(B) in effect at the time of the provision
of the notice, or
``(B) if applicable, the election made by the
participant, beneficiary, or other individual under
paragraph (1)(B) to be furnished paper versions of such
documents, and
``(3) the electronically furnished document--
``(A) is prepared and furnished in a manner that is
consistent with the style, format, and content
requirements applicable to the particular document, and
``(B) includes a notice that apprises the
individual of the significance of the document when it
is not otherwise reasonably evident as transmitted.
For purposes of this section, the term `document' includes
reports, statements, notices, notifications, and other
information.''.
(2) Conforming amendment.--The table of contents in section
1 of such Act (29 U.S.C. 1001 note) is amended by inserting
after the item relating to section 111 the following:
112. Electronic communication of pension plan information.
(b) Amendment to Internal Revenue Code of 1986.--Section 414 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following:
``(z) Electronic Communication of Pension Plan Information.--A
document of any type that is required or permitted under this title to
be furnished to a plan participant, beneficiary, or other individual
with respect to a plan to which this subchapter or section 457 applies
may be furnished in electronic form if--
``(1) the system for furnishing such a document--
``(A) is designed to result in effective access to
the document by the participant, beneficiary, or other
specified individual through electronic means,
including--
``(i) the direct delivery of material to an
electronic address of such participant,
beneficiary, or individual,
``(ii) the posting of material to a website
or other internet or electronic-based
information repository to which access has been
granted to such participant, beneficiary, or
individual, but only if proper notice of the
posting has been provided (which may include
notice furnished by other electronic means if
the content of the notice conveys the need to
take action to access the posted material), and
``(iii) other electronic means reasonably
calculated to ensure actual receipt of the
material by such participant, beneficiary, or
individual,
``(B) permits the participant, beneficiary, or
other individual to select the specific electronic
means through which such a document shall be furnished,
to modify that selection at any time, or to elect at
any time to begin receiving paper versions of such
documents at no additional direct cost to the
individual, and
``(C) protects the confidentiality of personal
information relating to such participant's,
beneficiary's, or individual's accounts and benefits,
``(2) an annual paper notice is provided to each
participant, beneficiary, or other individual that describes--
``(A) the selection of the specific electronic
means for the furnishing of such documents made by the
participant, beneficiary, or other individual under
paragraph (1)(B) in effect at the time of the provision
of the notice, or
``(B) if applicable, the election made by the
participant, beneficiary, or other individual under
paragraph (1)(B) to be furnished paper versions of such
documents, and
``(3) the electronically furnished document--
``(A) is prepared and furnished in a manner that is
consistent with the style, format, and content
requirements applicable to the particular document, and
``(B) includes a notice that apprises the
individual of the significance of the document when it
is not otherwise reasonably evident as transmitted.
For purposes of this subsection, the term `document' includes
reports, statements, notices, notifications, and other
information.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to documents furnished with respect to plan years
beginning after December 31, 2015. | Receiving Electronic Statements To Improve Retiree Earnings Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to authorize a document of any type that is required or permitted to be furnished to a retirement plan participant, beneficiary, or other individual to be furnished in electronic form if: (1) the system for furnishing such a document is designed to result in effective access to the document; (2) an annual paper notice is provided to each pension plan participant, beneficiary, or other individual that describes the selection of the specific electronic means for the furnishing of such document; and (3) the electronically-furnished document is prepared and furnished in an appropriate style and format and includes a notice that apprises the recipient of the significance of the document. | Receiving Electronic Statements To Improve Retiree Earnings Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Federal Effectiveness
Act''.
SEC. 2. GREAT LAKES RESEARCH COUNCIL.
Subsection (d) of section 118 of the Federal Water Pollution
Control Act (33 U.S.C. 1268) is amended to read as follows:
``(d) Great Lakes Research Council.--
``(1) Definitions.--As used in this subsection:
``(A) Council.--The term `Council' means the Great
Lakes Research Council established under paragraph (2).
``(B) Great lakes.--The term `Great Lakes' means--
``(i) Lake Erie, Lake Huron, Lake Michigan,
Lake Ontario, and Lake Superior;
``(ii) the connecting waters of the lakes
listed in clause (i), including the St. Mary's
River, the St. Clair River, Lake St. Clair, the
Detroit River, and the Niagara River; and
``(iii) the St. Lawrence River.
``(C) Great lakes research.--The term `Great Lakes
research' means the application of scientific or
engineering expertise to explain, understand, and
predict the physical, chemical, biological, and
socioeconomic processes, and their interactions, in the
Great Lakes ecosystem.
``(2) Establishment.--There is established a Great Lakes
Research Council.
``(3) Duties of the council.--The Council shall--
``(A) not later than 12 months after the date of
enactment of this subparagraph, prepare and provide to
Congress and other interested parties, a report that--
``(i) promotes the coordination of Federal
research activities to avoid unnecessary
duplication and ensure greater effectiveness in
achieving protection of the ecosystem of the
Great Lakes and the goals of the Great Lakes
Water Quality Agreement;
``(ii) assesses the research activities
needed to fulfill the Great Lakes Water Quality
Agreement goals;
``(iii) assesses Federal expertise and
capabilities existing on the date of enactment
of this clause in activities needed to fulfill
the Great Lakes Water Quality Agreement goals,
including an inventory of existing Federal
Great Lakes research programs, projects,
facilities, and personnel;
``(iv) recommends long-term and short-term
research priorities for Federal research on the
Great Lakes, based on a comparison of the
assessments conducted under clauses (ii) and
(iii), and programs existing on the date of
enactment of this clause; and
``(v) describes coordination efforts with
Canada;
``(B) identify topics for, and participate in,
meetings, workshops, symposia, and conferences on Great
Lakes research issues;
``(C) make recommendations for the uniform
collection and storage of data for enhancing research
and management protocols relating to the protection and
restoration of the physical, biological, and chemical
integrity of the Great Lakes ecosystem;
``(D) consider and make recommendations with
respect to the establishment of a comprehensive,
multimedia database for the Great Lakes ecosystem; and
``(E) ensure that the results, findings, and
information regarding Great Lakes research programs
conducted or sponsored by the Federal Government be
disseminated in a timely manner, and in useful forms,
to interested persons, using as much as possible
existing mechanisms such as the Great Lakes Research
Inventory prepared by the International Joint
Commission.
``(4) Membership of the council.--
``(A) In general.--The Council shall be comprised
of 1 research manager with extensive knowledge,
scientific expertise, and experience in the Great Lakes
ecosystem from each of the following organizations:
``(i) The Environmental Protection Agency.
``(ii) The National Oceanic and Atmospheric
Administration.
``(iii) The Fish and Wildlife Service.
``(iv) The Coast Guard.
``(v) Any other relevant Federal
department, agency, or instrumentality, as
determined by the Council membership.
``(B) Non-voting members.--Any other person who is
not a Federal employee may serve as a non-voting member
of the Council, at the request of the Council
membership.
``(5) Chairperson.--The members of the Council shall elect
a Chairperson from among the members of the Council appointed
pursuant to paragraphs (4)(A) (i), (ii), and (iii). The
Chairperson shall serve a term of 2 years but may not serve for
more than 2 consecutive terms.
``(6) Travel expenses.--Each member of the Council who is
not an employee of the Federal Government shall be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees under subchapter I of chapter 57
of title 5, United States Code, while away from the home or
regular place of business of the member in the performance of
services for the Council.
``(7) Interagency cooperation.--The head of each
department, agency, or other instrumentality of the Federal
Government that is represented on the Council--
``(A) may, upon written request of the Chairperson,
make available, on a reimbursable basis or otherwise,
personnel, services, or facilities as may be necessary
to assist the Council in achieving the purposes of this
subsection; and
``(B) shall, upon written request from the
Chairperson, furnish data or other information
necessary to achieve the purposes of this subsection.
``(8) Effect on other laws.--Nothing in this subsection is
intended to amend, restrict, or otherwise alter the authority
of any Federal department, agency, or instrumentality, under
any law, to undertake Great Lakes research activities.''. | Great Lakes Federal Effectiveness Act - Amends the Federal Water Pollution Control Act to establish a Great Lakes Research Council to: (1) prepare and provide to the Congress a report that promotes coordination of Federal research activities with respect to achieving protection of the Great Lakes and assesses and makes recommendations concerning research activities needed to fulfill the goals of the Great Lakes Water Quality Agreement; (2) identify topics for and participate in workshops and conferences on Great Lakes research issues; (3) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (4) make recommendations for the establishment of a multimedia data base for the ecosystem; and (5) ensure that findings and information regarding such research is disseminated in a timely manner. | Great Lakes Federal Effectiveness Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Former American Hostages
in Iran Act of 2015''.
SEC. 2. AMERICAN HOSTAGES IN IRAN COMPENSATION FUND.
(a) Establishment.--There is established in the Treasury a fund, to
be known as the ``American Hostages in Iran Compensation Fund'' (in
this section referred to as the ``Fund'') for the purposes of--
(1) making payments to the Americans held hostage in Iran,
and to members of their families, who are identified as members
of the proposed class in case number 1:00-CV-03110 (ESG) of the
United States District Court for the District of Columbia; and
(2) satisfying the claims of the members of the proposed
class against Iran relating to the taking of hostages and
treatment of personnel of the United States embassy in Tehran,
Iran, between November 3, 1979, and January 20, 1981.
(b) Funding.--
(1) Imposition of surcharge.--
(A) In general.--There is imposed a surcharge equal
to 30 percent of the amount of--
(i) any fine or penalty imposed, in whole
or in part, for a violation of a law or
regulation specified in subparagraph (B)
committed on or after the date of the enactment
of this Act; or
(ii) the monetary amount of a settlement
entered into by a person with respect to a
suspected violation of a law or regulation
specified in subparagraph (B) related to
activities undertaken on or after such date of
enactment.
(B) Laws and regulations specified.--A law or
regulation specified in this subparagraph is any law or
regulation imposing a fine or penalty for any economic
activity relating to Iran that is administered by the
Department of State, the Department of the Treasury,
the Department of Justice, the Department of Commerce,
or the Department of Energy.
(C) Termination of deposits.--The imposition of the
surcharge under subparagraph (A) shall terminate on the
date on which all amounts described in subsection
(c)(2) have been distributed to all recipients
described in that subsection.
(2) Deposits into fund; availability of amounts.--
(A) Deposits.--The Secretary of the Treasury shall
deposit in the Fund all surcharges collected pursuant
to paragraph (1)(A).
(B) Payment of surcharge to secretary of the
treasury.--A person upon which a surcharge is imposed
under paragraph (1)(A) shall pay the surcharge to the
Secretary without regard to whether the fine or penalty
with respect to which the surcharge is imposed--
(i) is paid directly to the Federal agency
that administers the law or regulation pursuant
to which the fine or penalty is imposed; or
(ii) is deemed satisfied by a payment to
another Federal agency.
(C) Availability of amounts in fund.--Amounts in
the Fund shall be available, without further
appropriation, to make payments under subsection (c).
(c) Distribution of Funds.--
(1) Administration of fund.--Payments from the Fund shall
be administered, subject to oversight by the Secretary of the
Treasury, by the named representatives of the proposed class
described in subsection (a)(1) and the principal agent
designated by the proposed class for the period beginning in
1999 and continuing through the date of the enactment of this
Act.
(2) Payments.--Subject to paragraphs (3) and (4), payments
shall be made from the Fund to the following recipients in the
following amounts:
(A) To each living former hostage identified as a
member of the proposed class described in subsection
(a)(1), $10,000 for each day of captivity of the former
hostage.
(B) To the estate of each deceased former hostage
identified as a member of the proposed class described
in subsection (a)(1), $10,000 for each day of captivity
of the former hostage.
(C) To each spouse and child of a former hostage
identified as a member of the proposed class described
in subsection (a)(1) if the spouse or child is
identified as a member of that proposed class, $5,000
for each day of captivity of the former hostage.
(3) Priority.--Payments from the Fund shall be distributed
under paragraph (2) in the following order:
(A) First, to each living former hostage described
in paragraph (2)(A).
(B) Second, to the estate of each deceased former
hostage described in paragraph (2)(B).
(C) Third, to each spouse and child of a former
hostage described in paragraph (2)(C).
(4) Consent of recipient.--A payment to a recipient from
the Fund under paragraph (2) shall be made only after receiving
the consent of the recipient.
(d) Preclusion of Future Actions and Release of Claims.--
(1) Preclusion of future actions.--A recipient of a payment
under subsection (c) may not file or maintain an action against
Iran in any Federal or State court for any claim relating to
the events described in subsection (a)(2).
(2) Release of all claims.--Upon the payment of all amounts
described in subsection (c)(2) to all recipients described in
that subsection, all claims against Iran relating to the events
described in subsection (a)(2) shall be deemed waived and
forever released.
(e) Deposit of Remaining Funds Into the Treasury.--
(1) In general.--Any amounts remaining in the Fund after
the date specified in paragraph (2) shall be deposited in the
general fund of the Treasury.
(2) Date specified.--The date specified in this paragraph
is the later of--
(A) the date on which all amounts described in
subsection (c)(2) have been made to all recipients
described in that subsection; or
(B) the date that is 5 years after the date of the
enactment of this Act.
(f) Report to Congress on Completion of Payments.--Not later than
60 days after determining that a law or regulation specified in
subsection (b)(1)(B) is terminated or suspended or that amounts in the
Fund will be insufficient for the payment of all amounts described in
subsection (c)(2) to all recipients described in that subsection by the
date that is 444 days after the date of the enactment of this Act, the
Secretary of State shall submit to Congress recommendations to expedite
the completion of the payment of those amounts. | Justice for Former American Hostages in Iran Act of 2015 Establishes in the Treasury the American Hostages in Iran Compensation Fund to: (1) make payments to the Americans held hostage in Iran, and to their families, who are identified as members of the proposed class in case number 1:00-CV-03110 (ESG) of the U.S. District Court for the District of Columbia; and (2) satisfy their claims against Iran relating to the taking of hostages and treatment of personnel of the U.S. embassy in Tehran between November 3, 1979, and January 20, 1981. Imposes a surcharge, to be deposited into the Fund, of 30% on the amount of: (1) any fine or penalty imposed for a violation (committed on or after enactment of this Act) of a law or regulation penalizing any economic activity relating to Iran that is administered by the Departments of State, Treasury, Justice, Commerce, or Energy; or (2) the monetary amount of a settlement entered into by a person regarding a suspected violation of such a law or regulation. Requires Fund payments to members of the proposed class in the following order of priority: $10,000 for each day of captivity first to each living former hostage and then to the estate of each deceased former hostage, and $5,000 to each spouse and child of a former hostage for each day of captivity of the former hostage. Prohibits a payment recipient from maintaining an action against Iran in any federal or state court for any claims relating to the hostage events. Waives and forever releases all existing claims against Iran for those events upon payment from the Fund to all designated recipients. Requires the State Department to submit recommendations to Congress if Fund amounts will be insufficient to pay all recipients within 444 days after enactment of this Act. | Justice for Former American Hostages in Iran Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Comparative Study of
Vaccinated and Unvaccinated Populations Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Securing the health of the Nation's children is our
most important concern as parents and stewards of the Nation's
future.
(2) The Nation's vaccine program has greatly reduced human
suffering from infectious disease by preventing and reducing
the outbreak of vaccine-preventable diseases.
(3) Total health outcomes are the best measure of the
success of any public health effort, including security from
both chronic and infectious disease.
(4) Childhood immunizations are an important tool in the
pursuit of childhood health.
(5) The number of immunizations administered to infants,
pregnant women, children, teenagers, and adults has grown
dramatically over recent years.
(6) The incidence of chronic, unexplained diseases such as
autism, learning disabilities, and other neurological disorders
appears to have increased dramatically in recent years.
(7) Individual vaccines are tested for safety, but little
safety testing has been conducted for interaction effects of
multiple vaccines.
(8) The strategy of aggressive, early childhood
immunization against a large number of infectious diseases has
never been tested in its entirety against alternative
strategies, either for safety or for total health outcomes.
(9) Childhood immunizations are the only health
interventions that are required by States of all citizens in
order to participate in civic society.
(10) Public confidence in the management of public health
can only be maintained if these State government-mandated, mass
vaccination programs--
(A) are tested rigorously and in their entirety
against all reasonable safety concerns; and
(B) are verified in their entirety to produce
superior health outcomes.
(11) There are numerous United States populations in which
a practice of no vaccination is followed and which therefore
provide a natural comparison group for comparing total health
outcomes.
(12) No comparative study of such health outcomes has ever
been conducted.
(13) Given rising concern over the high rates of childhood
neurodevelopmental disorders such as autism, the need for such
studies is becoming urgent.
SEC. 3. STUDY ON HEALTH OUTCOMES IN VACCINATED AND UNVACCINATED
AMERICAN POPULATIONS.
(a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary'') , acting through the
Director of the National Institutes of Health, shall conduct or support
a comprehensive study--
(1) to compare total health outcomes, including risk of
autism, in vaccinated populations in the United States with
such outcomes in unvaccinated populations in the United States;
and
(2) to determine whether vaccines or vaccine components
play a role in the development of autism spectrum or other
neurological conditions.
(b) Qualifications.--With respect to each investigator carrying out
the study under this section, the Secretary shall ensure that the
investigator--
(1) is objective;
(2) is qualified to carry out such study, as evidenced by
training experiences and demonstrated skill;
(3) is not currently employed by any Federal, State, or
local public health agency; and
(4) is not currently a member of a board, committee, or
other entity responsible for formulating immunization policy on
behalf of any Federal, State, or local public health agency or
any component thereof;
(5) has no history of a strong position on the thimerosal
controversy; and
(6) is not currently an employee of, or otherwise directly
or indirectly receiving funds from, a pharmaceutical company.
(c) Target Populations.--The Secretary shall seek to include in the
study under this section populations in the United States that have
traditionally remained unvaccinated for religious or other reasons,
such as Old Order Amish, members of clinical practices (such as the
Homefirst practice in Chicago) who choose alternative medical
practices, and practitioners of anthroposophic lifestyles.
(d) Timing.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall issue a request for
proposals to conduct the study required by this section. Not later than
120 days after receipt of any such proposal, the Secretary shall
approve or disapprove the proposal. If the Secretary disapproves the
proposal, the Secretary shall provide the applicant involved with a
written explanation of the reasons for the disapproval. | Comprehensive Comparative Study of Vaccinated and Unvaccinated Populations Act of 2006 - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to conduct or support a comprehensive study to: (1) compare total health outcomes, including risk of autism, in vaccinated, U.S. populations with such outcomes in unvaccinated, U.S. populations; and (2) determine whether vaccines or vaccine components play a role in the development of autism spectrum or other neurological conditions.
Requires the Secretary to include in the study U.S. populations that have traditionally remained unvaccinated for religious or other reasons, members of clinical practices who choose alternative medical practices, and practitioners of anthroposophic lifestyles. | To direct the Secretary of Health and Human Services to conduct or support a comprehensive study comparing total health outcomes, including risk of autism, in vaccinated populations in the United States with such outcomes in unvaccinated populations in the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Computer Recycling Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the Environmental Protection Agency;
(2) the term ``cathode ray tube'' means a vacuum tube or
picture tube used to convert an electronic signal into a visual
image;
(3) the term ``central processing unit'' includes a case
and all of its contents, such as the primary printed circuit
board and its components, additional printed circuit boards,
one or more disc drives, a transformer, interior wire, and a
power cord;
(4) the term ``computer'' means an electronic, magnetic,
optical, electrochemical, or other high speed data processing
device performing logical, arithmetic, or storage functions,
and may include both a central processing unit and a monitor,
but such term does not include an automated typewriter or
typesetter, a portable hand held calculator, or other similar
device;
(5) the term ``hazardous waste'' has the meaning given that
term in section 1004(5) of the Solid Waste Disposal Act (42
U.S.C. 6903);
(6) the term ``monitor'' means a separate visual display
component of a computer, whether sold separately or together
with a central processing unit, and includes a cathode ray tube
or liquid crystal display, its case, interior wires and
circuitry, cable to the central processing unit, and power
cord; and
(7) the term ``nonprofit organization'' means an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code.
SEC. 3. FEE.
(a) Requirement.--Effective 180 days after the transmittal to the
Congress of the results of the study conducted under section 6(a), the
Administrator shall require that a fee be assessed on the sale
(including a sale through the Internet or a catalogue) to an end-user
of any computer, monitor, or other electronic device designated by the
Administrator under subsection (c). The Administrator shall establish
procedures for the collection of such fee. The requirement under this
subsection shall not apply to a sale by an end-user to a subsequent
end-user.
(b) Fee Amount.--The amount of the fee required under subsection
(a) shall--
(1) be an amount sufficient to cover the costs of carrying
out section 4(a) and subsection (c) of this section;
(2) be uniform--
(A) for each computer with a central processing
unit and monitor integrated in a single device;
(B) for each central processing unit;
(C) for each monitor; and
(D) for each class of other devices designated by
the Administrator under subsection (c);
(3) not exceed $10 per computer, monitor, or other
designated device; and
(4) be clearly indicated on the label, external packing
materials, or sales receipt of the computer, monitor, or
device.
(c) Administrative Costs.--Persons required by the Administrator to
collect a fee under this section may retain 3 percent of amounts so
collected to pay the costs of administering the fee collection program.
(d) Exempted Sales.--The requirement of a fee under this section
shall not apply to a sale of a used computer, monitor, or device by a
nonprofit organization.
(e) Additional Exemption.--The Administrator may exempt from the
requirement of a fee under this section any sale made under a contract
or an arrangement that the Administrator determines is likely to result
in the maximum reuse of significant components of the computer,
monitor, or device, and the disposal of the remaining components--
(1) in an environmentally sound and responsible manner;
(2) without violation of any Federal or State law; and
(3) without reliance on funding from State or local
governments,
when the computer, monitor, or device is no longer of use to the end-
user.
(f) Designation of Electronic Devices.--The Administrator may
designate additional electronic devices to which the fee under
subsection (a) shall apply if those electronic devices--
(1) contain a significant amount of material that, when
disposed of, would be hazardous waste; and
(2) include one or more liquid crystal displays, cathode
ray tubes, or circuit boards.
SEC. 4. GRANTS.
(a) Uses of Fee Amounts.--Amounts collected under section 3 shall
be used, to the extent provided in advance in appropriations Acts, by
the Administrator for--
(1) covering the costs of administration of this Act; and
(2) making grants under subsection (b).
Not more than 10 percent of the funds available pursuant to this Act
for any fiscal year may be used for costs described in paragraph (1).
(b) Grant Purposes.--The Administrator shall make grants with funds
collected under section 3 to individuals or organizations (including
units of local government) for--
(1) collecting or processing used computers, monitors, or
other designated devices for recycling purposes;
(2) reusing or reselling such computers, monitors, or
devices, or components thereof; and
(3) extracting and using, or selling for reuse, raw
materials from such computers, monitors, or devices.
(c) Eligibility.--An individual or organization shall be eligible
for a grant under subsection (b) only if the individual or organization
provides assurances to the satisfaction of the Administrator that it
will carry out the grant purposes in a manner that complies with all
applicable Federal and State environmental and health laws.
(d) Selection Criteria.--In selecting proposals for grants under
subsection (b), the Administrator shall consider--
(1) the quantity of used computers, monitors, or other
designated devices that will be diverted from landfills;
(2) the estimated cost per unit of the collection,
processing, reuse, or sale proposed;
(3) the availability of, and potential for, markets for
recycled materials;
(4) the degree to which the proposal mitigates or avoids
harmful environmental or health effects;
(5) the degree to which the proposal employs innovative
recycling technologies; and
(6) the demonstrated history of the grant applicant in
disposing of or providing for the reuse of computers, monitors,
or devices in an environmentally sound and responsible manner
without violation of any Federal or State law.
The Administrator shall ensure that grants are provided to a
geographically diverse group of recipients.
SEC. 5. CONSULTATION.
In carrying out this Act, the Administrator shall consult with
representatives of the computer manufacturing, retail, and recycling
industries, waste management professionals, environmental and consumer
groups, and other appropriate individuals and organizations (including
units of local government).
SEC. 6. STUDY AND REPORTS.
(a) Study.--Not later than 6 months after the date of the enactment
of this Act, the Administrator shall transmit to the Congress the
results of a study that--
(1) identifies waste materials in used computers that may
be hazardous to human health or the environment;
(2) estimates the quantities of such materials that exist
or will exist in the future, including a separate estimate of
the quantities of such materials that are exported from the
United States;
(3) estimates the costs of transporting, collecting, and
processing computers, monitors, and other designated devices;
(4) describes current management of such waste materials;
(5) makes recommendations for the management of electronic
products containing such waste materials at the end of their
useful lives; and
(6) estimates the demand for materials from recycled
computers, and make recommendations for increasing the markets
for such materials.
(b) Reports.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for 4 additional years, the
Administrator shall transmit to the Congress a report on the status of
computer recycling. Such report shall include a description of the
amount of fees collected under section 3, and a description of the
amount of administrative costs paid for and grants made under section 4
with funds collected through such fees. | National Computer Recycling Act - Directs the Administrator of the Environmental Protection Agency, after submitting to Congress a study of waste materials in used computers that may be hazardous to human health or the environment, to require assessment of a fee on the sale to an end-user of any computer, monitor, or other designated electronic devices.Requires fees collected to be used for administration of this Act and grants for: (1) collecting or processing used computers, monitors, or other devices for recycling; (2) reusing or reselling such articles; and (3) extracting and using, or selling for reuse, raw materials from such articles.Requires reports to Congress on the status of computer recycling, which shall include descriptions of fee collection and use. | To establish a grant and fee program through the Environmental Protection Agency to encourage and promote the recycling of used computers and to promote the development of a national infrastructure for the recycling of used computers, and for other purposes. |
SECTION 1. HOPE AND LIFETIME LEARNING CREDITS TO BE REFUNDABLE.
(a) Credit To Be Refundable.--Section 25A of the Internal Revenue
Code of 1986 (relating to Hope and Lifetime Learning credits) is hereby
moved to subpart C of part IV of subchapter A of chapter 1 of such Code
(relating to refundable credits) and inserted after section 34.
(b) Technical Amendments.--
(1) Section 35 of such Code is redesignated as section 36.
(2) Section 25A of such Code (as moved by subsection (a))
is redesignated as section 35.
(3) Paragraph (1) of section 35(a) of such Code (as
redesignated by paragraph (2)) is amended by striking ``this
chapter'' and inserting ``this subtitle''.
(4) Subparagraph (B) of section 72(t)(7) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting
``section 35(g)(2)''.
(5) Subparagraph (A) of section 135(d)(2) of such Code is
amended by striking ``section 25A'' and inserting ``section
35''.
(6) Section 221(e) of such Code is amended--
(A) in paragraph (2)(B), by striking ``section
25A(g)(2)'' and inserting ``section 35(g)(2)'' and by
striking ``section 25A(f)(2)'' and inserting ``section
35(f)(2)'', and
(B) in paragraph (3), by striking ``section
25A(b)(3)'' and inserting ``section 35(b)(3)''.
(7) Clause (i) of section 529(e)(3)(B) of such Code is
amended by striking ``section 25A(b)(3)'' and inserting
``section 35(b)(3)''.
(8) Subparagraph (A) of section 530(b)(2) is amended by
striking ``section 25A(g)(2)'' and inserting ``section
35(g)(2)''.
(9) Clause (iii) of section 530(d)(4)(B) is amended by
striking ``section 25A(g)(2)'' and inserting ``section
35(g)(2)''.
(10) Subsection (e) of section 6050S is amended by striking
``section 25A'' and inserting ``section 35''.
(11) Subparagraph (J) of section 6213(g)(2) is amended by
striking ``section 25A(g)(1)'' and inserting ``section
35(g)(1)''.
(12) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``or
from section 35 of such Code''.
(13) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 35 and inserting the following:
``Sec. 35. Hope and Lifetime Learning
credits.
``Sec. 36. Overpayments of tax.''
(14) The table of sections for subpart A of such part IV is
amended by striking the item relating to section 25A.
(c) Effective Date.--The amendments made by this subsection shall
apply to taxable years beginning after December 31, 2001.
SEC. 2. USE OF REFUNDS OF HOPE AND LIFETIME LEARNING CREDITS AS
COLLATERAL FOR SHORT-TERM STUDENT LOANS.
(a) In General.--Section 35 of the Internal Revenue Code of 1986
(as redesignated by section 1) is amended by redesignating subsection
(i) as subsection (j) and by inserting after subsection (h) the
following new section:
``(i) Tuition Tax Credit Assignment Loans.--
``(1) In general.--Any eligible educational institution may
provide to a taxpayer described in paragraph (3) a tuition tax
credit assignment loan.
``(2) Tuition tax credit assignment loan.--For purposes of
this subsection, the term `tuition tax credit assignment loan'
means a loan provided to the taxpayer by the eligible
educational institution in return for which the taxpayer agrees
to authorize the Internal Revenue Service to disburse the loan
amount directly to the lender out of the next refund due to the
taxpayer that is attributable to a credit under this section.
``(3) Taxpayers eligible for loan.--A taxpayer is eligible
for a loan under this subsection if the taxpayer is either--
``(A) an eligible student for whom a Hope
Scholarship Credit under subsection (a)(1) is allowed,
or
``(B) a taxpayer for whom a Lifetime Learning
Credit is allowed.
``(4) Maximum amount of loan.--The amount of a loan
provided under this subsection may not exceed--
``(A) $1,000, or
``(B) in the case of a first-year or second-year
student, $1,500.
``(5) Loan origination fee may be charged.--An eligible
educational institution providing a tuition tax credit
assignment loan may charge the taxpayer a loan origination fee
of up to 5 percent of the loan amount, but may not charge
interest on the loan amount.
``(6) 3-year time limit on use of credit refund as
collateral.--If a taxpayer who has obtained a tuition tax
credit assignment loan has not received a refund attributable
to a credit under this section within three years after
receiving the loan, then the loan will become due and payable
in accordance with the terms of the loan agreement.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to credits claimed in taxable years beginning after
December 31, 2001. | Amends the Internal Revenue Code to: (1) move the Hope and Lifetime Learning credits from subpart A (Nonrefundable Personal Credits) to subpart C (Refundable Credits); and (2) permit the use of a future refund of such credits as collateral for short-term student loans. | To amend the Internal Revenue Code of 1986 to make the Hope and Lifetime Learning Credits refundable, and to allow taxpayers to obtain short-term student loans by using the future refund of such credits as collateral for the loans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Otay Mountain Wilderness Act of
1999''.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) The public lands within the Otay Mountain region of
California are one of the last remaining pristine locations in
western San Diego County, California.
(2) This rugged mountain adjacent to the United States-Mexico
border is internationally known for its diversity of unique and
sensitive plants.
(3) This area plays a critical role in San Diego's multi-
species conservation plan, a national model made for maintaining
biodiversity.
(4) Due to its proximity to the international border, this area
is the focus of important law enforcement and border interdiction
efforts necessary to curtail illegal immigration and protect the
area's wilderness values.
(5) The illegal immigration traffic, combined with the rugged
topography, also presents unique fire management challenges for
protecting lives and resources.
SEC. 3. DESIGNATION.
In furtherance of the purposes of the Wilderness Act (16 U.S.C.
1131 et seq.), certain public lands in the California Desert District
of the Bureau of Land Management, California, comprising approximately
18,500 acres as generally depicted on a map entitled ``Otay Mountain
Wilderness'' and dated May 7, 1998, are hereby designated as wilderness
and therefore as a component of the National Wilderness Preservation
System, which shall be known as the Otay Mountain Wilderness.
SEC. 4. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, a map and a legal description for the Wilderness
Area shall be filed by the Secretary with the Committee on Energy and
Natural Resources of the Senate and the Committee on Resources of the
House of Representatives. Such map and legal description shall have the
same force and effect as if included in this Act, except that the
Secretary, as appropriate, may correct clerical and typographical
errors in such legal description and map. Such map and legal
description for the Wilderness Area shall be on file and available for
public inspection in the offices of the Director and California State
Director, Bureau of Land Management, Department of the Interior.
(b) United States-Mexico Border.--In carrying out this section, the
Secretary shall ensure that the southern boundary of the Wilderness
Area is 100 feet north of the trail depicted on the map referred to in
subsection (a) and is at least 100 feet from the United States-Mexico
international border.
SEC. 5. WILDERNESS REVIEW.
The Congress hereby finds and directs that all the public lands not
designated wilderness within the boundaries of the Southern Otay
Mountain Wilderness Study Area (CA-060-029) and the Western Otay
Mountain Wilderness Study Area (CA-060-028) managed by the Bureau of
Land Management and reported to the Congress in 1991, have been
adequately studied for wilderness designation pursuant to section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782),
and are no longer subject to the requirements contained in section
603(c) of that Act pertaining to the management of wilderness study
areas in a manner that does not impair the suitability of such areas
for preservation as wilderness.
SEC. 6. ADMINISTRATION OF WILDERNESS AREA.
(a) In General.--Subject to valid existing rights and to subsection
(b), the Wilderness Area shall be administered by the Secretary in
accordance with the provisions of the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(1) any reference in such provisions to the effective date of
the Wilderness Act is deemed to be a reference to the effective
date of this Act; and
(2) any reference in such provisions to the Secretary of
Agriculture is deemed to be a reference to the Secretary of the
Interior.
(b) Border Enforcement, Drug Interdiction, and Wildland Fire
Protection.--Because of the proximity of the Wilderness Area to the
United States-Mexico international border, drug interdiction, border
operations, and wildland fire management operations are common
management actions throughout the area encompassing the Wilderness
Area. This Act recognizes the need to continue such management actions
so long as such management actions are conducted in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and are subject to such
conditions as the Secretary considers appropriate.
SEC. 7. FURTHER ACQUISITIONS.
Any lands within the boundaries of the Wilderness Area that are
acquired by the United States after the date of the enactment of this
Act shall become part of the Wilderness Area and shall be managed in
accordance with all the provisions of this Act and other laws
applicable to such a wilderness.
SEC. 8. NO BUFFER ZONES.
The Congress does not intend for the designation of the Wilderness
Area by this Act to lead to the creation of protective perimeters or
buffer zones around the Wilderness Area. The fact that nonwilderness
activities or uses can be seen or heard from areas within the
Wilderness Area shall not, of itself, preclude such activities or uses
up to the boundary of the Wilderness Area.
SEC. 9. DEFINITIONS.
As used in this Act:
(1) Public lands.--The term ``public lands'' has the same
meaning as that term has in section 103(e) of the Federal Land
Policy and Management Act of 1976.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Wilderness area.--The term ``Wilderness Area'' means the
Otay Mountain Wilderness designated by section 3.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Otay Mountain Wilderness Act of 1998 - Designates specified public lands in the California Desert District of the Bureau of Land Management as the Otay Mountain Wilderness.
Recognizes that, because of the Wilderness Area's proximity to the U.S.-Mexican international border, drug interdiction, border operations, and wildland fire management operations need to continue so long as they are conducted in accordance with the Wilderness Act and any conditions the Secretary of the Interior considers appropriate.
Declares that such designation is not intended to lead to the creation of protective buffer zones around the Wilderness. | Otay Mountain Wilderness Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Fair and Equal
House Voting Rights Act of 2007''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Over half a million people living in the District of
Columbia, the capital of our democratic Nation, lack direct
voting representation in the United States Senate and House of
Representatives.
(2) District of Columbia residents have fought and died to
defend our democracy in every war since the War of
Independence.
(3) District of Columbia residents pay billions of dollars
in Federal taxes each year.
(4) Our Nation is founded on the principles of ``one
person, one vote'' and ``government by the consent of the
governed''.
SEC. 3. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT.
(a) In General.--Notwithstanding any other provision of law, the
District of Columbia shall be considered a Congressional district for
purposes of representation in the House of Representatives.
(b) Conforming Amendments Relating to Apportionment of Members of
House of Representatives.--
(1) Inclusion of single district of columbia member in
reapportionment of members among states.--Section 22 of the Act
entitled ``An Act to provide for the fifteenth and subsequent
decennial censuses and to provide for apportionment of
Representatives in Congress'', approved June 28, 1929 (2 U.S.C.
2a), is amended by adding at the end the following new
subsection:
``(d) This section shall apply with respect to the District of
Columbia in the same manner as this section applies to a State, except
that the District of Columbia may not receive more than one Member
under any reapportionment of Members.''.
(2) Clarification of determination of number of
presidential electors on basis of 23rd amendment.--Section 3 of
title 3, United States Code, is amended by striking ``come into
office;'' and inserting the following: ``come into office
(subject to the twenty-third article of amendment to the
Constitution of the United States in the case of the District
of Columbia);''.
SEC. 4. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.
(a) Permanent Increase in Number of Members.--Effective with
respect to the One Hundred Tenth Congress and each succeeding Congress,
the House of Representatives shall be composed of 437 Members,
including any Members representing the District of Columbia pursuant to
section 3(a).
(b) Reapportionment of Members Resulting From Increase.--
(1) In general.--Section 22(a) of the Act entitled ``An Act
to provide for the fifteenth and subsequent decennial censuses
and to provide for apportionment of Representatives in
Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), is amended
by striking ``the then existing number of Representatives'' and
inserting ``the number of Representatives established with
respect to the One Hundred Tenth Congress''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to the regular decennial census
conducted for 2010 and each subsequent regular decennial
census.
(c) Transmittal of Revised Apportionment Information by
President.--
(1) Statement of apportionment by president.--Not later
than 30 days after the date of the enactment of this Act, the
President shall transmit to Congress a revised version of the
most recent statement of apportionment submitted under section
22(a) of the Act entitled ``An Act to provide for the fifteenth
and subsequent decennial censuses and to provide for
apportionment of Representatives in Congress'', approved June
28, 1929 (2 U.S.C. 2a(a)), to take into account this Act and
the amendments made by this Act.
(2) Report by clerk.--Not later than 15 calendar days after
receiving the revised version of the statement of apportionment
under paragraph (1), the Clerk of the House of Representatives,
in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)),
shall send to the executive of each State a certificate of the
number of Representatives to which such State is entitled under
section 22 of such Act, and shall submit a report to the
Speaker of the House of Representatives identifying the State
(other than the District of Columbia) which is entitled to one
additional Representative pursuant to this section.
SEC. 5. NONSEVERABILITY OF PROVISIONS.
If any provision of this Act or any amendment made by this Act is
declared or held invalid or unenforceable, the remaining provisions of
this Act or any amendment made by this Act shall be treated and deemed
invalid and shall have no force or effect of law.
SEC. 6. EFFECTIVE DATE; TIMING OF ELECTIONS.
(a) In General.--The general election for the additional
Representative to which the State identified by the Clerk of the House
of Representatives in the report submitted under section 4(c) is
entitled for the One Hundred Tenth Congress and the general election
for the Representative from the District of Columbia for the One
Hundred Tenth Congress shall be subject to the following requirements:
(1) Neither election may occur unless the Governor of that
State has signed into law a redistricting plan on December 5,
2006, which--
(A) revises the boundaries of the Congressional
districts in the State to take into account the
additional Representative to which the State is
entitled under section 4(c)(2); and
(B) remains in effect until the taking effect of
the first reapportionment occurring after the regular
decennial census conducted for 2010.
(2) The additional Representative from that State and the
other Representatives from that State will be elected pursuant
to the redistricting plan enacted by the State in accordance
with paragraph (1).
(3) The additional Representative from that State, the
other Representatives from that State, and the Representative
from the District of Columbia shall be sworn in and seated as
Members of the House of Representatives on the same date.
(b) Rule of Construction.--Nothing in subsection (a)(3) shall be
construed to affect the status of any individual who is eligible to be
sworn in and seated as a Member of the House of Representatives on the
first day of the One Hundred Tenth Congress on the basis of winning the
November 2006 general election for that office. | District of Columbia Fair and Equal House Voting Rights Act of 2007 - Considers the District of Columbia a congressional district for purposes of representation in the House of Representatives.
Applies to the District in the same manner as it applies to a state the federal law providing for the fifteenth and subsequent decennial censuses and for apportionment of Representatives in Congress. Limits the District to one Member under any reapportionment of Members.
Modifies the formula regarding the number of presidential electors to subject it to the Twenty-Third amendment to the Constitution in the case of the District.
Increases membership of the House from 435 to 437 Members.
Provides for a reapportionment of Members resulting from such increase.
Requires the: (1) President to submit to Congress a revised version of the most recent statement of such apportionment; and (2) Clerk of the House, upon receipt of such revision, to send to the executive of each state a certificate of the number of Representatives to which such state is entitled and to identify to the Speaker of the House the state (other than the District) which is entitled to one additional Representative.
Subjects the general elections for such additional Representatives to specified requirements. | To provide for the treatment of the District of Columbia as a Congressional district for purposes of representation in the House of Representatives, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast Cancer and Environmental
Research Act of 2008''.
SEC. 2. EXPANDING COLLABORATIVE RESEARCH ON BREAST CANCER AND THE
ENVIRONMENT.
(a) In General.--Subpart 1 of part C of title IV of the Public
Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the
end the following:
``SEC. 417F. INTERAGENCY BREAST CANCER AND ENVIRONMENTAL RESEARCH
COORDINATING COMMITTEE.
``(a) Interagency Breast Cancer and Environmental Research
Coordinating Committee.--
``(1) Establishment.--Not later than 6 months after the date of
the enactment of this section, the Secretary shall establish a
committee, to be known as the Interagency Breast Cancer and
Environmental Research Coordinating Committee (in this section
referred to as the `Committee').
``(2) Duties.--The Committee shall--
``(A) share and coordinate information on existing research
activities, and make recommendations to the National Institutes
of Health and other Federal agencies regarding how to improve
existing research programs, that are related to breast cancer
research;
``(B) develop a comprehensive strategy and advise the
National Institutes of Health and other Federal agencies in the
solicitation of proposals for collaborative, multidisciplinary
research, including proposals to evaluate environmental and
genomic factors that may be related to the etiology of breast
cancer that would--
``(i) result in innovative approaches to study emerging
scientific opportunities or eliminate knowledge gaps in
research to improve the research portfolio;
``(ii) outline key research questions, methodologies,
and knowledge gaps;
``(iii) expand the number of research proposals that
involve collaboration between 2 or more national research
institutes or national centers, including proposals for
Common Fund research described in section 402(b)(7) to
improve the research portfolio; and
``(iv) expand the number of collaborative,
multidisciplinary, and multi-institutional research grants;
``(C) develop a summary of advances in breast cancer
research supported or conducted by Federal agencies relevant to
the diagnosis, prevention, and treatment of cancer and other
diseases and disorders; and
``(D) not later than 2 years after the date of the
establishment of the Committee, make recommendations to the
Secretary--
``(i) regarding any appropriate changes to research
activities, including recommendations to improve the
research portfolio of the National Institutes of Health to
ensure that scientifically-based strategic planning is
implemented in support of research priorities that impact
breast cancer research activities;
``(ii) to ensure that the activities of the National
Institutes of Health and other Federal agencies, including
the Department of Defense, are free of unnecessary
duplication of effort;
``(iii) regarding public participation in decisions
relating to breast cancer research to increase the
involvement of patient advocacy and community organizations
representing a broad geographical area;
``(iv) on how best to disseminate information on breast
cancer research progress; and
``(v) on how to expand partnerships between public
entities, including Federal agencies, and private entities
to expand collaborative, cross-cutting research.
``(3) Rule of construction.--For the purposes of the Committee,
when focusing on research to evaluate environmental and genomic
factors that may be related to the etiology of breast cancer,
nothing in this section shall be construed to restrict the
Secretary from including other forms of cancer, as appropriate,
when doing so may advance research in breast cancer or advance
research in other forms of cancer.
``(4) Membership.--
``(A) In general.--The Committee shall be composed of the
following voting members:
``(i) Not more than 7 voting Federal representatives as
follows:
``(I) The Director of the Centers for Disease
Control and Prevention.
``(II) The Director of the National Institutes of
Health and the directors of such national research
institutes and national centers (which may include the
National Institute of Environmental Health Sciences) as
the Secretary determines appropriate.
``(III) One representative from the National Cancer
Institute Board of Scientific Advisors, appointed by
the Director of the National Cancer Institute.
``(IV) The heads of such other agencies of the
Department of Health and Human Services as the
Secretary determines appropriate.
``(V) Representatives of other Federal agencies
that conduct or support cancer research, including the
Department of Defense.
``(ii) 12 additional voting members appointed under
subparagraph (B).
``(B) Additional members.--The Committee shall include
additional voting members appointed by the Secretary as
follows:
``(i) 6 members shall be appointed from among
scientists, physicians, and other health professionals,
who--
``(I) are not officers or employees of the United
States;
``(II) represent multiple disciplines, including
clinical, basic, and public health sciences;
``(III) represent different geographical regions of
the United States;
``(IV) are from practice settings, academia, or
other research settings; and
``(V) are experienced in scientific peer review
process.
``(ii) 6 members shall be appointed from members of the
general public, who represent individuals with breast
cancer.
``(C) Nonvoting members.--The Committee shall include such
nonvoting members as the Secretary determines to be
appropriate.
``(5) Chairperson.--The voting members of the Committee shall
select a chairperson from among such members. The selection of a
chairperson shall be subject to the approval of the Director of
NIH.
``(6) Meetings.--The Committee shall meet at the call of the
chairperson of the Committee or upon the request of the Director of
NIH, but in no case less often than once each year.
``(b) Review.--The Secretary shall review the necessity of the
Committee in calendar year 2011 and, thereafter, at least once every 2
years.''.
(b) Authorization of Appropriations.--For the purpose of carrying
out research activities under title IV of the Public Health Service
Act, including section 417F of such Act as added by subsection (a),
there are authorized to be appropriated $40,000,000 for each of fiscal
years 2009 through 2012. Amounts authorized to be appropriated under
the preceding sentence shall be in addition to amounts otherwise
authorized to be appropriated for such purpose under section 402A of
the Public Health Service Act (42 U.S.C. 282a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Breast Cancer and Environmental Research Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish the Interagency Breast Cancer and Environmental Research Coordinating Committee to: (1) share and coordinate information on existing breast cancer research activities and make recommendations for improvement of research programs; (2) develop a comprehensive strategy and advise the National Institutes of Health (NIH) and other federal agencies in the solicitation of proposals for collaborative, multidisciplinary research, including proposals to evaluate environmental and genomic factors that may be related to the etiology of breast cancer; (3) develop a summary of advances in federal breast cancer research relevant to the diagnosis, prevention, and treatment of cancer and other diseases and disorders; and (4) make recommendations to the Secretary regarding changes to research activities, avoiding unnecessary duplication of effort among federal agencies, public participation in decisions relating to breast cancer research, how best to disseminate information on breast cancer research progress, and how to expand partnerships between public and private entities to expand collaborative, crosscutting research. Authorizes appropriations for FY2009-FY2012. | To amend the Public Health Service Act to authorize the Director of the National Institute of Environmental Health Sciences to make grants for the development and operation of research centers regarding environmental factors that may be related to the etiology of breast cancer. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infant Crib Safety Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The disability and death of infants resulting from
injuries sustained in crib incidents are a serious threat to
the public health, welfare, and safety of people of this
country.
(2) The design and construction of a baby crib must ensure
that it is safe to leave an infant unattended for extended
periods of time. A parent or caregiver has a right to believe
that the crib in use is a safe place to leave an infant.
(3) Each year about 12,000 children ages 2 and under are
injured in cribs seriously enough to require hospital
treatment.
(4) Each year at least 30 children age 4 and under die from
injuries sustained in cribs.
(5) The United States Consumer Product Safety Commission
estimates that the cost to society resulting from deaths due to
cribs is at least $150,000,000 per year.
(6) Secondhand, hand-me-down, and heirloom cribs pose a
special problem. There are nearly 4 million infants born in
this country each year, but only an estimated one million to
two million new cribs sold. Many infants are placed in
secondhand, hand-me-down, or heirloom cribs.
(7) Most crib deaths occur in secondhand, hand-me-down, or
heirloom cribs.
(8) Existing State and Federal legislation is inadequate to
deal with the hazard presented by secondhand, hand-me-down, or
heirloom cribs.
(9) Prohibiting the contracting to sell, resell, lease,
sublease of unsafe cribs that are not new, or otherwise place
in the stream of commerce unsafe secondhand, hand-me-down, or
heirloom cribs, will prevent injuries and deaths caused by
cribs.
(b) Purpose.--The purpose of this Act is to prevent the occurrence
of injuries and deaths to infants as a result of unsafe cribs by making
it illegal--
(1) to manufacture, sell, or contract to sell any crib that
is unsafe for any infant using it; or
(2) to resell, lease, sublet, or otherwise place in the
stream of commerce, after the effective date of this Act, any
unsafe crib, particularly any unsafe secondhand, hand-me-down,
or heirloom crib.
SEC. 3. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Commercial user.--
(A) The term ``commercial user'' means--
(i) any person who manufactures, sells, or
contracts to sell full-size cribs or nonfull-
size cribs; or
(ii) any person who--
(I) deals in full-size or nonfull-
size cribs that are not new or who
otherwise by one's occupation holds
oneself out as having knowledge or
skill peculiar to full-size cribs or
nonfull-size cribs, including child
care facilities and family child care
homes; or
(II) is in the business of
contracting to sell or resell, lease,
sublet, or otherwise placing in the
stream of commerce full-size cribs or
nonfull-size cribs that are not new.
(B) The term ``commercial user'' does not mean an
individual who sells a used crib at a one-time private
sale.
(2) Crib.--The term ``crib'' means a full-size crib or
nonfull-size crib.
(3) Full-size crib.--The term ``full-size crib'' means a
full-size baby crib as defined in section 1508.1 of title 16 of
the Code of Federal Regulations.
(4) Infant.--The term ``infant'' means any person less than
35 inches tall or less than 2 years of age.
(5) Nonfull-size crib.--The term ``nonfull-size crib''
means a nonfull-size baby crib as defined in section 1509.2(b)
of title 16 of the Code of Federal Regulations (including a
portable crib and a crib-pen described in paragraph (2) of
subsection (b) of that section).
SEC. 4. REQUIREMENTS FOR CRIBS.
The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is
amended by adding at the end the following new section:
``SEC. 25. REQUIREMENTS FOR CRIBS.
``(a) Manufacture and Sale of Cribs.--It shall be unlawful for any
commercial user--
``(1) to manufacture, sell, or contract to sell, any full-
size crib or nonfull-size crib that is unsafe for any infant
using it; or
``(2) to sell, contract to sell or resell, lease, sublet,
or otherwise place in the stream of commerce, any full-size or
nonfull-size crib that is not new and that is unsafe for any
infant using the crib.
``(b) Provision of Cribs by Lodging Facilities.--It shall be
unlawful for any hotel, motel, or similar transient lodging facility to
offer or provide for use or otherwise place in the stream of commerce,
on or after the effective date of this Act, any full-size crib or
nonfull-size crib that is unsafe for any infant using it.
``(c) Adherence to Crib Safety Standards.--A full-size crib,
nonfull-size crib, portable crib, playpen, or play yard, shall be
presumed to be unsafe under this Act if it does not conform to the
standards applicable to the product as listed below:
``(1) Part 1508 (commencing with section 1508.1) of title
16 of the Code of Federal Regulations. (Requirements for full-
size baby cribs).
``(2) Part 1509 (commencing with section 1509.1) of title
16 of the Code of Federal Regulations. (Requirements for
nonfull-size baby cribs).
``(3) American Society for Testing Materials F406 Consumer
Safety Specification for Play Yards.
``(4) American Society for Testing Materials F1169 Consumer
Safety Specification for Full-Size Cribs.
``(5) American Society for Testing Materials F1822 Consumer
Safety Specification for Non-Full-Size Cribs.
``(6) American Society for Testing and Materials F966
Consumer Safety Specification for Full-Size and Non-Full Size
Baby Crib Corner Post Extensions.
``(7) Part 1303 (commencing with section 1303.1) of title
16 of the Code of Federal Regulations.
``(8) Any amendments to the above regulations or standards
or any other regulations or standards that are adopted in order
to amend or supplement the regulations or standards described
in paragraphs (1) through (6)
``(d) Designation as Hazardous Substance.--A full-size or nonfull-
size crib that is not in compliance with the requirements of this
section shall be considered to be a banned hazardous substance under
section 1261(q) of this title.
``(e) Exception.--These requirements shall not apply to a full-size
crib or nonfull-size crib that is not intended for use by an infant,
including a toy or display item, if at the time it is manufactured,
made subject to a contract to sell or resell, leased, subletted, or
otherwise placed in the stream of commerce, as applicable, it is
accompanied by a notice to be furnished by each commercial user
declaring that the crib is not intended to be used for an infant and is
dangerous to use for an infant.''.
SEC. 5. EFFECTIVE DATE.
This Act shall be effective 90 days after the date of its
enactment. | Infant Crib Safety Act - Amends the Federal Hazardous Substances Act to make it unlawful for any commercial user to: (1) manufacture, sell, or contract to sell any full-size or nonfull-size crib which is unsafe for any infant; or (2) sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce any such crib which is not new and is unsafe for any infant.
Makes it unlawful for any lodging facility to offer or provide an unsafe crib.
Presumes a crib to be unsafe which does not conform to the Code of Federal Regulations and the American Society for Testing Materials Voluntary Standards, unless labeled as dangerous for an infant and not intended to be used for one. | To provide for infant crib safety, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Climate Change Education Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The evidence for human-induced climate change is
overwhelming and undeniable.
(2) Atmospheric carbon can be significantly reduced through
conservation, by shifting to renewable energy sources such as
solar, wind, tidal, and geothermal, and by increasing the
efficiency of buildings, including domiciles, and
transportation.
(3) Providing clear information about climate change, in a
variety of forms, can remove the fear and the sense of
helplessness, and encourage individuals and communities to take
action.
(4) Implementation of measures that promote energy
efficiency, conservation, and renewable energy will greatly
reduce human impact on the environment.
(5) Informing people of new technologies and programs as
they become available will ensure maximum understanding and
maximum effect of those measures.
(6) More than 3,000,000 students graduate from high schools
and colleges each year, armed with attitudes, skills, and
knowledge about the climate that inform their actions.
(7) The effect on the climate, positive or negative, of
each of those 3,000,000 students lasts beyond a lifetime.
(8) Those students need to be prepared to implement changes
in professional and personal practices, to support and help
develop new technology and policy, and to address the coming
social and economic challenges and opportunities arising from a
changing climate.
(9) It has been demonstrated that the people of the United
States overwhelmingly support teaching students about the
causes, consequences, and potential solutions to climate change
in all 50 States and more than 3,000 counties across the United
States.
(10) Only 30 percent of middle school and 45 percent of
high school science teachers understand the extent of the
scientific consensus on climate change.
SEC. 3. DEFINITIONS.
In this Act:
(1) Climate change education.--The term ``climate change
education'' means informal and formal interdisciplinary
learning at all age levels about--
(A) climate change, climate adaptation and
mitigation, and climate resilience; and
(B) the effects of climate change, climate
adaptation and mitigation, and climate resilience on
the environmental, energy, social, and economic systems
of the United States.
(2) Green collar job.--The term ``green collar job'' means
a job--
(A) in a business that produces goods or provides
services that benefit the environment or conserve
natural resources; or
(B) in which the duties of the worker involve
making the production processes of the employer more
environmentally friendly or use fewer natural
resources.
(3) Green economy.--The term ``green economy'' means an
economy that results in improved human well-being and social
equity by significantly reducing environmental risks and
ecological scarcities.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(5) Local educational agency; state educational agency.--
The terms ``local educational agency'' and ``State educational
agency'' have the meanings given those terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(6) Nonprofit organization.--The term ``nonprofit
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under 501(a) of that Code.
SEC. 4. CLIMATE CHANGE EDUCATION PROGRAM.
The Administrator of the National Oceanic and Atmospheric
Administration shall establish a Climate Change Education Program to--
(1) increase the climate literacy of the United States by
broadening the understanding of climate change, including
possible long-term and short-term consequences and potential
solutions;
(2) apply the latest scientific and technological
discoveries, including through the use of the scientific assets
of the Administration, to provide formal and informal learning
opportunities to individuals of all ages, including individuals
of diverse cultural and linguistic backgrounds; and
(3) emphasize actionable information to help people
understand and promote implementation of new technologies,
programs, and incentives related to climate change, climate
adaptation and mitigation, and climate resilience.
SEC. 5. GRANT PROGRAM.
(a) In General.--As part of the Climate Change Education Program
established under section 4, the Administrator of the National Oceanic
and Atmospheric Administration shall establish a program to make
grants--
(1) to States to encourage and support plans and programs
for kindergarten through grade 12 formal and informal climate
change education--
(A) to ensure that students graduate from high
school with high climate literacy, including--
(i) relevant teacher training and
professional development;
(ii) science, technology, engineering, arts
and design, and mathematics education; and
(iii) interdisciplinary studies; and
(B) with a particular focus on programs that
advance widespread State and local educational agency
adoption of climate change education, including funding
for State educational agencies in partnership with
local educational agencies and local nonprofit
organizations to--
(i) integrate key principles of climate
change education into existing kindergarten
through grade 12 State academic content
standards, student academic achievement
standards, or State curriculum frameworks;
(ii) create model State climate change
curricula;
(iii) develop and implement State teacher
training programs; and
(iv) support secondary school preparation
or work-based experiences in green collar jobs;
(2) to institutions of higher education to--
(A) improve the quality of and access to training,
certification, and higher education for green collar
jobs in the future green economy, such as green
construction, design, technology, health, engineering,
business, and policy studies, including sustainability
science, and with a particular focus on programs that
address restructuring institutional incentives and
reducing institutional barriers to widespread faculty
adoption of interdisciplinary teaching of climate
change education; and
(B) engage teams of faculty and students to develop
applied climate research and deliver to local
communities direct services related to local climate
mitigation and adaptation issues, with a priority focus
on communities impacted by climate change; and
(3) to professional associations for projects that build
capacity at the State and national levels for continuing
education by practicing professionals and the general public in
green economy fields.
(b) Climate Change Education Office.--There shall be, within the
Office of Education of the National Oceanic and Atmospheric
Administration, a Climate Change Education Office to administer the
grant program required by subsection (a).
SEC. 6. REPORT.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the Administrator of the National Oceanic
and Atmospheric Administration shall submit to Congress a report that
evaluates the scientific merits, educational effectiveness, and broader
effects of activities carried out under this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration $20,000,000 for each of fiscal years 2019
through 2024 to carry out this Act. | Climate Change Education Act This bill declares that the evidence for human-induced climate change is overwhelming and undeniable. The National Oceanic and Atmospheric Administration (NOAA) must establish a Climate Change Education Program to: increase the climate literacy of the United States by broadening the understanding of human-induced climate change, including possible consequences and potential solutions; apply the latest scientific and technological discoveries to provide learning opportunities to people of all ages; and help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, and climate resilience. NOAA must also establish a grant program for climate change education. | Climate Change Education Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Robert James Act of 2008''.
SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON
DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES.
(a) Disability Insurance Benefits.--Section 223(a) of the Social
Security Act (42 U.S.C. 423(a)) is amended by adding at the end the
following new paragraph:
``(3) The Commissioner of Social Security may waive the application
of the individual's waiting period under clause (i) in the first
sentence of paragraph (1) if the Commissioner determines that such
individual would otherwise be entitled to disability insurance benefits
under this section, that such individual is terminally ill, and that
the application of the waiting period would work an undue hardship on
such individual (as determined on the basis of criteria established by
the Commissioner). In the case of any such waiver granted by the
Commissioner with respect to an individual, notwithstanding clauses (i)
and (ii) in the first sentence of paragraph (1), the individual shall
be entitled to disability insurance benefits for each month, beginning
with the first month during all of which such individual is under a
disability and in which such individual would become so entitled to
such insurance benefits under such sentence but for such waiting
period, and ending as provided in paragraph (1). For purposes of this
paragraph, an individual is considered to be `terminally ill' if the
individual has a medical prognosis that the individual's life
expectancy is 6 months or less.''.
(b) Widow's Insurance Benefits Based on Disability.--Section
202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the
end the following new subparagraph:
``(C) The Commissioner of Social Security may waive the application
of the individual's waiting period under paragraph (1)(F)(i) if the
Commissioner determines that she would otherwise be entitled to widow's
insurance benefits under this section, that she is terminally ill, and
that such application of the waiting period would work an undue
hardship on her (as determined on the basis of criteria established by
the Commissioner). In the case of any such waiver granted by the
Commissioner with respect to an individual, notwithstanding clauses (i)
and (ii) of paragraph (1)(F), she shall be entitled to widow's
insurance benefits for each month, beginning with the first month
during all of which she is under a disability and in which she would
become so entitled to such insurance benefits under paragraph (1) but
for such waiting period, and ending as provided in paragraph (1). For
purposes of this subparagraph, an individual is considered to be
`terminally ill' if the individual has a medical prognosis that the
individual's life expectancy is 6 months or less.''.
(c) Widower's Insurance Benefits Based on Disability.--Section
202(f)(5) of such Act (42 U.S.C. 402(f)(5)) is amended by adding at the
end the following new subparagraph:
``(C) The Commissioner of Social Security may waive the application
of the individual's waiting period under paragraph (1)(F)(i) if the
Commissioner determines that he would otherwise be entitled to
widower's insurance benefits under this section, that he is terminally
ill, and that such application would work an undue hardship on him (as
determined on the basis of criteria established by the Commissioner).
In the case of any such waiver granted by the Commissioner with respect
to an individual, notwithstanding clauses (i) and (ii) of paragraph
(1)(F), he shall be entitled to widower's insurance benefits for each
month, beginning with the first month during all of which he is under a
disability and in which he would become so entitled to such insurance
benefits under paragraph (1) but for such waiting period, and ending as
provided in paragraph (1). For purposes of this subparagraph, an
individual is considered to be `terminally ill' if the individual has a
medical prognosis that the individual's life expectancy is 6 months or
less.''.
(d) Commencement of Period of Disability.--Section 216(i)(2)(A) of
such Act (42 U.S.C. 416(i)(2)(A)) is amended--
(1) by inserting ``(i)'' after ``(2)(A)'';
(2) by inserting ``(I)'' after ``but only if'';
(3) by inserting ``(II)'' after ``duration or''; and
(4) by adding at the end the following new clause:
``(ii) The Commissioner of Social Security may waive the
application of the five-month requirement under clause (i)(I) if the
Commissioner determines that such individual would otherwise be
entitled to a period of disability under this paragraph, that such
individual is terminally ill, and that the application of such five-
month requirement would work an undue hardship on such individual (as
determined on the basis of criteria established by the Commissioner).
For purposes of this clause, an individual is considered to be
`terminally ill' if the individual has a medical prognosis that the
individual's life expectancy is 6 months or less.''.
SEC. 3. EFFECTIVE DATES.
The amendments made by subsection (a) of section 2 of this Act
shall apply only with respect to benefits under section 223 of the
Social Security Act, or under section 202 of such Act on the basis of
the wages and self-employment income of an individual entitled to
benefits under such section 223, for months beginning after 90 days
after the date of the enactment of this Act. The amendments made by
subsections (b) and (c) of section 2 of this Act shall apply only with
respect to benefits based on disability under subsection (e) or (f) of
section 202 of the Social Security Act for months after 90 days after
the date of the enactment of this Act. The amendments made by
subsection (d) of section 2 of this Act shall apply only with respect
to applications for disability determinations filed under title II of
the Social Security Act after 90 days after the date of the enactment
of this Act. | Robert James Act of 2008 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to authorize waivers by the Commissioner of Social Security of the five-month waiting period for entitlement to benefits based on disability in cases in which such waiting period would cause undue hardship to terminally ill beneficiaries. | To amend title II of the Social Security Act to authorize waivers by the Commissioner of Social Security of the 5-month waiting period for entitlement to benefits based on disability in cases in which the Commissioner determines that such waiting period would cause undue hardship to terminally ill beneficiaries. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Survivor Outreach and Support Campus
Act'' or the ``SOS Campus Act''.
SEC. 2. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION AND
RESPONSE.
(a) Establishment.--Part G of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1088 et seq.) is amended by inserting after section
485E the following new section:
``SEC. 485F. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION
AND RESPONSE.
``(a) Designation.--Each eligible institution participating in any
program under this title shall designate an independent advocate for
campus sexual assault prevention and response (in this section referred
to as the `Advocate') who shall be appointed based on certifications,
experience, and a demonstrated ability of the individual to effectively
provide sexual assault victim services.
``(b) Notification of Existence of and Information for the
Advocate.--Each employee of an eligible institution who receives a
report of sexual assault shall notify the victim of the existence of,
contact information for, and services provided by the Advocate of the
institution.
``(c) Advocate Oversight.--Each Advocate shall--
``(1) report to an individual outside the body responsible
for investigating and adjudicating sexual assault complaints at
the institution;
``(2) submit to such individual an annual report
summarizing how the resources supplied to the Advocate were
used, including the number of male and female sexual assault
victims assisted; and
``(3) be appointed in such manner as the Secretary
determines is appropriate.
``(d) Role.--
``(1) In general.--In carrying out the responsibilities
described in this section, the Advocate shall represent the
interests of the student victim without regard to whether such
interests are in conflict with the interests of the institution
designating such Advocate.
``(2) Prohibition on retaliation.--No institution of higher
education designating an Advocate in accordance with this
section may discipline, penalize, or otherwise retaliate
against such Advocate for representing the interests of a
student victim, without regard to whether such interests are in
conflict with the interests of such institution.
``(e) Responsibilities.--
``(1) Services available at all times.--Each Advocate shall
ensure that victims of sexual assault at the institution are
able to receive, at the election of the victim and at any time
of day, each day of the week--
``(A) information on how to report a campus sexual
assault to law enforcement;
``(B) emergency medical care, including follow up
medical care as requested; and
``(C) medical forensic or evidentiary examinations.
``(2) Other services.--Each Advocate shall ensure that
victims of sexual assault at the institution are able to
receive, at the election of the victim--
``(A) crisis intervention counseling and ongoing
counseling;
``(B) information on the victim's rights and
referrals to additional support services; and
``(C) information on legal services.
``(3) Guidance.--Each Advocate shall guide victims of
sexual assault who request assistance through the reporting,
counseling, administrative, medical and health, academic
accommodations, or legal processes of the institution
designating such Advocate or local law enforcement.
``(4) Attendance at adjudications.--At the request of the
victim of sexual assault, each Advocate shall attend any
administrative or institution-based adjudication proceeding
related to such assault as an advocate for the victim.
``(5) Privacy and confidentiality.--Each Advocate shall
maintain the privacy and confidentiality of the victim of, and
any witness to, such sexual assault and shall not notify the
institution designating such Advocate or any other person of
the identity of the victim or any such witness or the alleged
circumstances surrounding the reported sexual assault except--
``(A) as otherwise required by the applicable laws
in the State where such institution is located;
``(B) with respect to the identity of the victim,
with the consent of the victim; or
``(C) with respect to the identity of such witness,
with the consent of such witness.
``(6) Public information campaign.--Each Advocate shall
conduct a public information campaign to inform the students
enrolled at the institution designating such Advocate of the
existence of, contact information for, and services provided by
the Advocate, including--
``(A) posting information--
``(i) on the website of such institution;
``(ii) in student orientation materials;
and
``(iii) on posters displayed in
dormitories, cafeterias, sports arenas, locker
rooms, entertainment facilities, and
classrooms; and
``(B) training coaches, faculty, school
administrators, resident advisors, and other staff to
provide information on the existence of, contact
information for, and services provided by the Advocate.
``(f) Availability of Services.--The services described in
paragraphs (1) and (2) of subsection (e) shall be provided--
``(1) pursuant to a memorandum of understanding (that
includes transportation services), at a rape crisis center,
legal organization, or other community-based organization
located within a reasonable distance from an institution; or
``(2) on the campus of an institution in consultation with
a rape crisis center, legal organization, or other community-
based organization.
``(g) Prohibition on Retaliation Towards Victims.--A victim of
sexual assault may not be disciplined, penalized, or otherwise
retaliated against for reporting such assault to the Advocate.
``(h) No Effect on Clery Act and Title IX.--Nothing in this section
shall alter or amend the rights, duties, and responsibilities under
section 485(f) or title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.) (also known as the Patsy Takemoto Mink Equal
Opportunity in Education Act).
``(i) Sexual Assault Defined.--In this section, the term `sexual
assault' means penetration, no matter how slight, of the vagina or anus
with any body part or object, or oral penetration by a sex organ of
another person, without the consent of the victim, including when the
victim is incapable of giving consent.''.
(b) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Education shall issue
regulations to carry out section 485F of the Higher Education Act of
1965, as added by subsection (a) of this section. | Survivor Outreach and Support Campus Act or the SOS Campus Act Amends the Higher Education Act of 1965 to require each institution of higher education (IHE) that participates in any program under title IV (Student Assistance) to designate an independent advocate for campus sexual assault prevention and response (Advocate) with experience in providing sexual assault victim services. Requires each Advocate to: (1) report to an individual outside the body responsible for investigating and adjudicating sexual assault complaints at the IHE, (2) submit to such individual an annual report summarizing how the resources supplied to the Advocate were used, (3) represent the interests of each student victim without regard to whether they conflict with the IHE's interests, and (4) be appointed in such manner as the Secretary of Education deems appropriate. Directs each Advocate to: ensure that sexual assault victims at the IHE are able to receive, at their election, specified information and services; guide sexual assault victims who request assistance through the reporting, counseling, administrative, medical and health, academic accommodations, or legal processes of the IHE or local law enforcement; attend, at the request of a sexual assault victim, any administrative or IHE-based adjudication proceeding related to such assault as an advocate for the victim; maintain the privacy and confidentiality of the victim and any witness to such sexual assault and to not notify the IHE or any other person of the identity of the victim or of any such witness or the alleged circumstances surrounding the reported sexual assault except as otherwise required by state law or, with respect to the identity of the victim or witness, with the consent of such victim or witness; and conduct a public information campaign to inform the students enrolled at the IHE of the existence of, contact information for, and services provided by the Advocate. Prohibits IHEs from retaliating against: (1) Advocates for representing the interests of a student victims, or (2) student victims for reporting sexual assaults to Advocates. | SOS Campus Act |
SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provisions. | Exempts a business entity from civil liability for any injury or death occurring at such entity's facility in connection with the use of such facility by a nonprofit organization if: (1) the use occurs outside of the scope of the business of the entity; (2) the injury or death occurs while the facility is being used by the organization; and (3) the entity authorized the organization's use of the facility. Provides an exception for an injury or death that results from an entity's act or omission that constitutes gross negligence or intentional misconduct, including crimes of violence or acts of international terrorism, hate crimes, sexual offenses, and misconduct that violates Federal or State civil rights laws.
Provides that this Act shall not apply in a State that enacts a statute to that effect if all parties to an action are citizens of that State. | A bill to limit the civil liability of business entities providing use of facilities to nonprofit organizations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boys Town Centennial Commemorative
Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Boys Town is a nonprofit organization dedicated to
saving children and healing families, nationally headquartered
in the village of Boys Town, Nebraska;
(2) Father Flanagan's Boys Home, known as ``Boys Town'',
was founded on December 12, 1917, by Servant of God Father
Edward Flanagan;
(3) Boys Town was created to serve children of all races
and religions;
(4) news of the work of Father Flanagan spread worldwide
with the success of the 1938 movie, ``Boys Town'';
(5) after World War II, President Truman asked Father
Flanagan to take his message to the world, and Father Flanagan
traveled the globe visiting war orphans and advising government
leaders on how to care for displaced children;
(6) Boys Town has grown exponentially, and now provides
care to children and families across the country in 11 regions,
including California, Nevada, Texas, Nebraska, Iowa, Louisiana,
North Florida, Central Florida, South Florida, Washington, DC,
New York, and New England;
(7) the Boys Town National Hotline provides counseling to
more than 150,000 callers each year;
(8) the Boys Town National Research Hospital is a national
leader in the field of hearing care and research of Usher
Syndrome;
(9) Boys Town programs impact the lives of more than
2,000,000 children and families across America each year; and
(10) December 12th, 2017, will mark the 100th anniversary
of Boys Town, Nebraska.
SEC. 3. COIN SPECIFICATIONS.
(a) $5 Gold Coins.--The Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall mint and issue not more than
50,000 $5 coins in commemoration of the centennial of the founding of
Father Flanagan's Boys Town, each of which shall--
(1) weigh 8.359 grams;
(2) have a diameter of 0.850 inches; and
(3) contain 90 percent gold and 10 percent alloy.
(b) $1 Silver Coins.--The Secretary shall mint and issue not more
than 350,000 $1 coins in commemoration of the centennial of the
founding of Father Flanagan's Boys Town, 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.
(c) Half Dollar Clad Coins.--The Secretary shall mint and issue not
more than 300,000 half dollar clad coins in commemoration of the
centennial of the founding of Father Flanagan's Boys Town, each of
which shall--
(1) weigh 11.34 grams;
(2) have a diameter of 1.205 inches; and
(3) be minted to the specifications for half dollar coins
contained in section 5112(b) of title 31, United States Code.
(d) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(e) 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) In General.--The design of the coins minted under this Act
shall be emblematic of the 100 years of Boys Town, one of the largest
nonprofit child care agencies in the United States.
(b) Designation and Inscriptions.--On each coin minted under this
Act, there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2017''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
National Executive Director of Boys Town and the Commission of
Fine Arts; and
(2) reviewed by the Citizens of Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the period beginning on January 1, 2017, and ending on
December 31, 2018.
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; and
(2) 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. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that minting and issuing coins under this Act will not result in any
net cost to the Federal Government. | Boys Town Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 50,000 $5 gold coins, 350,000 $1 silver coins, and 300,000 half-dollar clad coins to commemorate the centennial of the founding of Father Flanagan's Boys Town. Requires the design of the coins to be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. Permits issuance of such coins only between January 1, 2017, and December 31, 2018. | Boys Town Centennial Commemorative Coin Act |
SECTION 1. INDIAN GAMING RESTRICTED.
(a) Regulation of Class II Gaming.--Section 11(b) of the Act (25
U.S.C. 2710(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by inserting ``(i)'' after ``(A)'';
(ii) in clause (i), as designated by clause
(i) of this subparagraph, by striking ``any
purpose'' and all that follows through ``law),
and'' and inserting ``a commercial purpose by
any person, organization or entity, or''; and
(iii) by inserting after clause (i), as
designated by clause (i) of this subparagraph,
the following:
``(ii) such Indian gaming is for charitable purposes and is
located within a State that permits such gaming for charitable
purposes by a person, organization or entity,'';
(B) by redesignating subparagraph (B) as
subparagraph (D) and inserting the following:
``(B) such gaming is not otherwise specifically prohibited
on Indian lands by Federal law,
``(C) permissible gaming is limited to the specific forms
of, and methods of play for, gaming activities expressly
authorized by the law of the State, and''; and
(2) in paragraph (2)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(G) all gaming activities shall be conducted in
conformity with those laws and regulations (if any) of the
State regarding specific games allowed and methods of play,
including, but not limited to, periods of operation, limitation
on wagers, pot sizes, and losses.''.
(b) Regulation of Class III Gaming.--Section 11(d)(1) of the Act
(25 U.S.C. 2710(d)(1)) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) located in a State that permits such gaming for any
purpose by any person, organization, or entity which conducts
the authorized gaming activity as part of a commercial, for-
profit business enterprise; except that a Tribal-State compact
may permit any other class III gaming authorized by a State if
conducted in accordance with State law;''; and
(2) by redesignating subparagraph (C) as subparagraph (D)
and inserting after subparagraph (B) the following new
subparagraph:
``(C) limited to the specific forms of, and methods of play
for, gaming activities expressly authorized by the law of the
State; and''.
SEC. 2. DEFINITION OF CLASS III GAMING.
Section 4 of the Act (25 U.S.C. 2703) is amended--
(1) in paragraph (7)(A)(i), by inserting after
``therewith)'' the following: ``except video bingo''; and
(2) in paragraph (8), by inserting before the period at the
end the following: ``including, but not limited to, slot
machines (as such term is defined in subsection (a)(1) of the
first section of the Act of January 2, 1951 (Chapter 1194; 64
Stat. 1134)), electronic or electromechanical facsimiles of any
game of chance, and any and all forms of electronic video games
or devices, such as video bingo, video pull-tabs, video keno,
and video blackjack''.
SEC. 3. COMPACT NEGOTIATION.
(a) Burden of Proof.--Section 11(d)(7)(B)(ii) of the Act (25 U.S.C.
2710(d)(7)(B)(ii)) is amended by striking ``burden of proof shall be
upon the State to prove that the State'' and inserting ``burden of
proof shall be upon the Indian tribe to prove that the State''.
(b) Certain Evidence.--Section 11(d)(7)(B)(iii) of the Act (25
U.S.C. 2710(d)(7)(B)(iii)) is amended--
(1) in subclause (I), by striking ``, and'' and inserting a
semicolon;
(2) in subclause (II), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(III) except as provided in clause (ii),
shall not consider as evidence that the State
has not negotiated in good faith a demand by
the State that the gaming activities
contemplated by the compact be conducted on the
same basis as gaming activities which may be
conducted by any other person or entity under
the terms of relevant State law.''.
SEC. 4. NATIONAL INDIAN GAMING COMMISSION.
(a) Additional Members.--Section 5(b)(1) of the Act (25 U.S.C.
2704(b)(1)) is amended--
(1) in the material preceding subparagraph (A), by striking
``three'' and inserting ``five'';
(2) in subparagraph (A), by striking ``and'';
(3) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(C) two associate members who shall be appointed
by the President, with the advice and consent of the
Senate, from among State officials.''.
(b) Composition.--Section 5(b)(3) of the Act (25 U.S.C. 2704(b)(3))
is amended in the first sentence by striking ``two'' and inserting
``three''.
(c) Quorum.--Section 5(d) of the Act (25 U.S.C. 2704(d)) is amended
by striking ``two'' and inserting ``three''.
(d) Effective Date; Transition Rules.--(1) Except as required for
paragraph (2), the amendments made by this section shall take effect at
the end of the 90-day period beginning on the date of enactment of this
Act and shall apply with respect to any action taken by the National
Indian Gaming Commission after the end of such period.
(2) Not later than 90 days after the date of enactment of this Act,
the President shall make the initial appointments of the associate
members of the National Indian Gaming Commission, as required by the
amendments made by subsection (a) of this section, in accordance with
the Indian Gaming Regulatory Act, as amended by this Act.
SEC. 5. GAMING ON AFTER ACQUIRED LANDS.
Section 20(b)(1)(A) of the Act (25 U.S.C. 2719(b)(1)(A)) is
amended--
(1) by striking ``and appropriate State and local
officials, including officials of other nearby Indian tribes,''
and inserting the following: ``, appropriate State and local
officials (including officials of other nearby Indian tribes),
and officials of other nearby communities (including
communities across State borders that would be directly
affected by gaming conducted on such lands),''; and
(2) by striking ``community'' and inserting ``communities
(including communities across State borders that would be
directly affected by gaming conducted on such lands)''. | Amends the Indian Gaming Regulatory Act to revise conditions for regulation of certain types of gaming activities on Indian lands.
Revises such conditions with respect to the regulation of Class II and Class III gaming activities to specify that these shall be limited to the specific forms of, and methods of play for, those gaming activities expressly authorized by the law of the State.
Excludes video bingo from the definition of class II gaming. Includes video bingo, and any other forms of electronic video games or devices, as well as slot machines, within the definition of class III gaming.
Shifts the burden of proof from a State to an Indian tribe in a compact negotiation-related action initiated by a tribe.
Increases the membership of the National Indian Gaming Commission.
Includes, under provisions for determining whether gaming activities on newly acquired Indian lands are to be allowed, consideration of communities across State borders that would be seriously affected, as well as consultation with officials of such communities. | To amend the Indian Gaming Regulatory Act, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telework Tax Incentive Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Federal, State and local governments spend billions of
dollars annually on the Nation's transportation needs.
(2) Congestion on the Nation's roads resulted in costs of
over $87,000,000 in 2007, in extra time and fuel used, to
drivers in the Nation's 439 urban areas, an increase of more
than 50 percent over the previous decade.
(3) On average, on-road-vehicles contributed 31.9 percent
of nitrogen oxide emissions in 2008.
(4) It was recently reported that if the 40 percent of
United States workers who have jobs that are compatible with
teleworking worked at home half of the time, that would save
450 million barrels of oil, reduce greenhouse gases by 84
million tons, and reduce highway maintenance costs by over $3
billion annually.
(5) The average American daily commute is 51 minutes for a
round-trip (a total of 204 hours, or 8.5 days, per year.)
(6) The National Science Foundation found that teleworking
increased employee productivity by 87 percent and the Census
Bureau reported that 73 percent of teleworkers felt they
accomplished more work on telework days than when they were in
the office.
(7) In 2003, 77 million workers used a computer at work,
accounting for 55.5 percent of total employment.
(8) In recent years, studies performed in the United States
have shown a marked expansion of teleworking, with 76 percent
of private sector employers now providing technical support for
remote workers, an increase of 27 percent over 2007. 56 percent
of Federal IT professionals indicated that their agencies
provide technical support for teleworkers.
SEC. 3. CREDIT FOR TELEWORKING.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following new section:
``SEC. 30E. TELEWORKING CREDIT.
``(a) Allowance of Credit.--In the case of an eligible taxpayer,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the qualified
teleworking expenses paid or incurred by the taxpayer during such year.
``(b) Maximum Credit.--
``(1) Per teleworker limitation.--The credit allowed by
subsection (a) for a taxable year with respect to qualified
teleworking expenses paid or incurred by or on behalf of an
individual teleworker shall not exceed $1,000.
``(2) Reduction for teleworking less than full year.--In
the case of an individual who is in a teleworking arrangement
for less than a full taxable year, the amount referred to in
paragraph (1) shall be reduced by an amount which bears the
same ratio to $1,000 as the number of months in which such
individual is not in a teleworking arrangement bears to 12. For
purposes of the preceding sentence, an individual shall be
treated as being in a teleworking arrangement for a month if
the individual is subject to such arrangement for any day of
such month.
``(c) Definitions.--For purposes of this section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means--
``(A) in the case of an individual, an individual
who performs services for an employer under a
teleworking arrangement, and
``(B) in the case of an employer, an employer for
whom employees perform services under a teleworking
arrangement.
``(2) Teleworking arrangement.--The term `teleworking
arrangement' means an arrangement under which an employee
teleworks for an employer not less than 75 days per year.
``(3) Qualified teleworking expenses.--The term `qualified
teleworking expenses' means expenses paid or incurred under a
teleworking arrangement for furnishings and electronic
information equipment which are used to enable an individual to
telework.
``(4) Telework.--The term `telework' means to perform work
functions, using electronic information and communication
technologies, thereby reducing or eliminating the physical
commute to and from the traditional worksite.
``(d) Limitation Based on Amount of Tax.--
``(1) Liability for tax.--The credit allowable under
subsection (a) for any taxable year shall not exceed the excess
(if any) of--
``(A) the regular tax for the taxable year, reduced
by the sum of the credits allowable under subpart A and
the preceding sections of this subpart, over
``(B) the tentative minimum tax for the taxable
year.
``(2) Carryforward of unused credit.--If the amount of the
credit allowable under subsection (a) for any taxable year
exceeds the limitation under paragraph (1) for the taxable
year, the excess shall be carried to the succeeding taxable
year and added to the amount allowable as a credit under
subsection (a) for such succeeding taxable year.
``(e) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit (determined without regard to
subsection (d)).
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit.
``(3) Property used outside united states, etc., not
qualified.--No credit shall be allowed under subsection (a)
with respect to any property referred to in section 50(b) or
with respect to the portion of the cost of any property taken
into account under section 179.
``(4) Election to not take credit.--No credit shall be
allowed under subsection (a) for any expense if the taxpayer
elects to not have this section apply with respect to such
expense.
``(5) Denial of double benefit.--No deduction or credit
(other than under this section) shall be allowed under this
chapter with respect to any expense which is taken into account
in determining the credit under this section.''.
(b) Technical Amendment.--Subsection (a) of section 1016 of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of paragraph (36), by striking the period at the end of paragraph (37)
and inserting ``; and'', and by adding at the end the following new
paragraph:
``(38) to the extent provided in section 30E(e), in the
case of amounts with respect to which a credit has been allowed
under section 30E.''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 30E. Teleworking credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act, in taxable years ending after such date. | Telework Tax Incentive Act - Amends the Internal Revenue Code to allow an employer or an employee a tax credit, up to $1,000 per year, for teleworking expenses incurred by or on behalf of a teleworking employee under an arrangement whereby such employee teleworks not less than 75 days per year. | To amend the Internal Revenue Code of 1986 to allow a credit against income tax for expenses incurred in teleworking. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Naugatuck River Valley National
Heritage Area Study Act''.
SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING NAUGATUCK RIVER VALLEY,
CONNECTICUT.
(a) Findings.--Congress finds the following:
(1) The area that encompasses the Naugatuck River Valley of
Connecticut has made a unique contribution to the cultural,
political, and industrial development of the United States.
(2) The Naugatuck River Valley is comprised of 14
communities along the Naugatuck River, which stretches for more
than 40 miles from its headwaters in Torrington, Connecticut,
to the confluence with the Housatonic River in Shelton. The 14
municipalities of Torrington, Harwinton, Litchfield, Plymouth/
Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon
Falls, Derby, Naugatuck, Oxford, Seymour, and Shelton, share
common historical elements, agricultural, trade, and maritime
origins, similar architecture, common industries, an immigrant
culture succeeding colonial beginnings, and a significant
contribution to the war effort from the Revolutionary War to
World War II. Most of these elements are still in evidence
today.
(3) Three major industries drove the manufacturing
contribution of the Valley. As evidenced in the book, The Brass
Industry in the United States, by William Lathrop, the brass
industry was born in Connecticut's Naugatuck River Valley and
harnessed the power of the Naugatuck River and the skilled
immigrant workers who arrived from Germany, Ireland, Italy, and
Poland.
(4) The Naugatuck River Valley also spawned the birth of
the rubber industry in the United States when Charles Goodyear
developed the vulcanization process in 1839. Together with
Samuel Lewis, a wealthy industrialist from Naugatuck,
Connecticut, Goodyear parlayed his innovation into establishing
the U.S. Rubber Company, making Naugatuck the rubber capital of
the world.
(5) The Naugatuck River Valley was also a major contributor
to the success of the United States clock industry. Eli Terry
designed interchangeable parts for his clocks assembled in
Terryville. Renowned clockmaker Seth Thomas began making the
first of millions of clocks in Thomaston, Connecticut, in 1813.
His company continued until 1931 when it became a division of
General Time Corporation (Timex). Other important industries
included pens, evaporated milk, pianos and organs, corset
stays, and cables.
(6) The Naugatuck River Valley has been a major contributor
to the United States war efforts from the American Revolution
to the Civil War to World War II. In the 2007 PBS film ``The
War'', the story of World War II directed and produced by Ken
Burns and Lynn Novick, the City of Waterbury, Connecticut, was
characterized as the ``arsenal'' of the war effort because of
its high concentration of war industries.
(7) The Naugatuck River Valley has been home to many great
authors, diplomats, inventors and patriots, such as David
Humphreys, Aide-de-Camp to General George Washington and the
first American ambassador; Commodore Isaac Hull, Commander of
``Old Ironsides'' during the War of 1812; Ebenezer D. Bassett,
the country's first Black ambassador; Dr. John Howe, inventor
of a pin making machine that made the common pin a household
necessity; and Pierre Lallement, inventor of the modern two-
wheel bicycle.
(8) The Naugatuck River Valley possesses a rich and diverse
assemblage of architecturally significant civic, industrial and
residential structures and monuments dating from Colonial times
to the present. There are 88 structures in the Naugatuck Valley
included on the National Register of Historic Places. The first
law school in America was built in Litchfield. Notable examples
of the variety of architecture found in the Valley include
Robert Wakeman Hill's brilliantly designed Thomaston Opera
House and Town Hall; H.E. Ficken's acoustically impressive
Sterling Opera House in Derby, site of appearances by many
nationally known performers; Waterbury's Clock Tower, designed
by the renowned architectural firm of McKim, Mead & White which
also designed four buildings in Naugatuck; Henry Bacon,
designer of the Lincoln Memorial and two structures in
Naugatuck; and the Father McGivney Statue cast by Joseph
Coletti of Boston to honor the Waterburian who founded the
Knights of Columbus.
(9) The Naugatuck River Valley has been a melting pot for
immigrant populations who have made significant contributions
to the industrial, cultural, and economic development of the
nation.
(10) In 2011, the Naugatuck River Greenway was designated
one of 101 projects nationwide selected by the Secretary of the
Interior under the America's Great Outdoors Initiative. This
multi-sector partnership aims to restore and enhance the river
by completing the Naugatuck River Greenway, creating new public
access to the river, and opening fish passages on the river.
(11) The Naugatuck River Valley possesses a group of
public-spirited citizens dedicated to the preservation and
promotion of the region's natural, historic, and cultural
heritage, and a passionate resolve to work together for the
betterment of the Valley and its residents.
(b) Study.--
(1) In general.--The Secretary of the Interior shall, in
consultation with the State of Connecticut and appropriate
organizations, carry out a study regarding the suitability and
feasibility of establishing the Naugatuck River Valley National
Heritage Area in Connecticut.
(2) Contents.--The study shall include analysis and
documentation regarding whether the Study Area--
(A) has an assemblage of natural, historic, and
cultural resources that together represent distinctive
aspects of American heritage worthy of recognition,
conservation, interpretation, and continuing use, and
are best managed through partnerships among public and
private entities and by combining diverse and sometimes
noncontiguous resources and active communities;
(B) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the national
story;
(C) provides outstanding opportunities to conserve
natural, historic, cultural, or scenic features;
(D) provides outstanding recreational and
educational opportunities;
(E) contains resources important to the identified
theme or themes of the Study Area that retain a degree
of integrity capable of supporting interpretation;
(F) includes residents, business interests,
nonprofit organizations, and local and State
governments that are involved in the planning, have
developed a conceptual financial plan that outlines the
roles for all participants, including the Federal
Government, and have demonstrated support for the
concept of a national heritage area;
(G) has a potential management entity to work in
partnership with residents, business interests,
nonprofit organizations, and local and State
governments to develop a national heritage area
consistent with continued local and State economic
activity; and
(H) has a conceptual boundary map that is supported
by the public.
(c) Boundaries of the Study Area.--The Study Area shall be
comprised of sites in Torrington, Harwinton, Litchfield, Plymouth/
Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon Falls,
Derby, Naugatuck, Oxford, Seymour, and Shelton, Connecticut.
(d) Submission of Study Results.--Not later than 3 years after
funds are first made available for this section, the Secretary shall
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report describing the results of the study. | Naugatuck River Valley National Heritage Area Study Act This bill directs the Department of the Interior to carry out a study on the suitability and feasibility of establishing the Naugatuck River Valley National Heritage Area in Connecticut. | Naugatuck River Valley National Heritage Area Study Act |
SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) The right of the people of the United States to freedom
of speech, particularly as it relates to comment on
governmental activities, as protected by the first amendment to
the Constitution, cannot be meaningfully exercised without the
ability of the public to obtain facts and information about the
Government upon which to base their judgments regarding
important issues and events. As the United States Supreme Court
articulated in Craig v. Harney (1947), ``A trial is a public
event. What transpires in the court room is public property.''.
(2) The right of the people of the United States to a free
press, with the ability to report on all aspects of the conduct
of the business of government, as protected by the first
amendment to the Constitution, cannot be meaningfully exercised
without the ability of the news media to gather facts and
information freely for dissemination to the public.
(3) The right of the people of the United States to
petition the Government to redress grievances, particularly as
it relates to the manner in which the Government exercises its
legislative, executive, and judicial powers, as protected by
the first amendment to the Constitution, cannot be meaningfully
exercised without the availability to the public of information
about how the affairs of government are being conducted. As the
Supreme Court noted in Richmond Newspapers, Inc. v.
Commonwealth of Virginia (1980), ``People in an open society do
not demand infallibility from their institutions, but it is
difficult for them to accept what they are prohibited from
observing.''
(4) In the twenty-first century, the people of the United
States obtain information regarding judicial matters involving
the Constitution, civil rights, and other important legal
subjects principally through the print and electronic media.
Television, in particular, provides a degree of public access
to courtroom proceedings that more closely approximates the
ideal of actual physical presence than newspaper coverage or
still photography.
(5) Providing statutory authority for the courts of the
United States to exercise their discretion in permitting
televised coverage of courtroom proceedings would enhance
significantly the access of the people to the Federal
judiciary.
(6) Inasmuch as the first amendment to the Constitution
prevents Congress from abridging the ability of the people to
exercise their inherent rights to freedom of speech, to freedom
of the press, and to petition the Government for a redress of
grievances, it is good public policy for the Congress
affirmatively to facilitate the ability of the people to
exercise those rights.
(7) The granting of such authority would assist in the
implementation of the constitutional guarantee of public trials
in criminal cases, as provided by the sixth amendment to the
Constitution. As the Supreme Court stated in In re Oliver
(1948), ``Whatever other benefits the guarantee to an accused
that his trial be conducted in public may confer upon our
society, the guarantee has always been recognized as a
safeguard against any attempt to employ our courts as
instruments of persecution. The knowledge that every criminal
trial is subject to contemporaneous review in the forum of
public opinion is an effective restraint on possible abuse of
judicial power.''.
SEC. 2. AUTHORITY OF PRESIDING JUDGE TO ALLOW MEDIA COVERAGE OF COURT
PROCEEDINGS.
(a) Authority of Appellate Courts.--Notwithstanding any other
provision of law, the presiding judge of an appellate court of the
United States may, in his or her discretion, permit the photographing,
electronic recording, broadcasting, or televising to the public of
court proceedings over which that judge presides.
(b) Authority of District Courts.--
(1) In general.--Notwithstanding any other provision of
law, any presiding judge of a district court of the United
States may, in his or her discretion, permit the photographing,
electronic recording, broadcasting, or televising to the public
of court proceedings over which that judge presides.
(2) Obscuring of witnesses.--(A) Upon the request of any
witness in a trial proceeding other than a party, 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.
(B) The presiding judge in a trial proceeding shall inform
each witness who is not a party that the witness has the right
to request that his or her image and voice be obscured during
the witness' testimony.
(c) Advisory Guidelines.--The Judicial Conference of the United
States is authorized to promulgate advisory guidelines to which a
presiding judge, in his or her discretion, may refer in making
decisions with respect to the management and administration of
photographing, recording, broadcasting, or televising described in
subsections (a) and (b).
SEC. 3. DEFINITIONS.
In this Act:
(1) Presiding judge.--The term ``presiding judge'' means
the judge presiding over the court proceeding concerned. In
proceedings in which more than one 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.
SEC. 4. SUNSET.
The authority under section 2(b) shall terminate on the date that
is 3 years after the date of the enactment of this Act. | Authorizes: (1) the presiding judge of a U.S. appellate or district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings; and (2) the Judicial Conference of the United States to promulgate advisory guidelines for the management and administration of such coverage. Directs: (1) the district court, upon the request of any witness in a trial proceeding other than a party, to order the witness's face and voice to be disguised or otherwise obscured to the broadcast audience; and (2) the presiding judge to inform each witness of his or her right to make such request. | To allow media coverage of court proceedings. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Autocycle Safety Act''.
SEC. 2. MOTOR VEHICLE SAFETY STANDARDS.
(a) Defined Term.--Section 30102(a) of title 49, United States
Code, is amended--
(1) by redesignating paragraphs (1) through (13) as
paragraphs (2) through (14), respectively; and
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) `autocycle' means a motorcycle with 3 wheels in
contact with the ground, front-wheel drive, a fully enclosed
occupant compartment, and a steering wheel, which is subject to
applicable Federal motor vehicle safety standards, as
determined necessary by the Secretary of Transportation through
regulation.''.
(b) Applicability of Motor Vehicle Safety Standards to
Autocycles.--Chapter 301 of title 49, United States Code, is amended--
(1) in the table of sections, by inserting after the item
relating to section 30114 the following:
``30114A. Autocycles.'';
and
(2) by inserting after section 30114 the following:
``Sec. 30114A. Autocycles
``(a) Interim Safety Standards for Autocycles.--During the period
beginning on the date of the enactment of the Autocycle Safety Act and
ending on the effective date of the rules issued pursuant to subsection
(b), a person satisfies the requirements set forth in section 30112(a)
with regard to an autocycle if the autocycle--
``(1) complies with the motor vehicle safety standards for
passenger cars, as set forth in part 571 of title 49, Code of
Federal Regulations, relating to--
``(A) controls and displays (FMVSS 101);
``(B) lamps, reflective devices, and associated
equipment (FMVSS 108), except for center high-mounted
stop lamps;
``(C) brake systems (FMVSS 135);
``(D) seating systems (FMVSS 207);
``(E) belted occupant crash protection (FMVSS 208);
and
``(F) seat belt assemblies (FMVSS 209);
``(2) complies with the motor vehicle safety standards for
motorcycles, as set forth in part 571 of title 49, Code of
Federal Regulations, relating to--
``(A) new pneumatic tires (FMVSS 119); and
``(B) tire selection and rims (FMVSS 120);
``(3) complies with the motor vehicle safety standards for
motorcycles or passenger cars (at the option of such person),
as set forth in part 571 of title 49, Code of Federal
Regulations, relating to--
``(A) brake hoses (FMVSS 106);
``(B) rearview mirrors (FMVSS 111), except for
inside rearview mirrors;
``(C) motor vehicle brake fluids (FMVSS 116); and
``(D) glazing materials (FMVSS 205);
``(4) meets the performance criteria relating to upper
interior impact set forth in FMVSS 201 to the extent possible
to reach the target points; and
``(5) is equipped with a steering wheel air bag, anti-lock
brakes, and electronic stability control.
``(b) Rulemaking.--
``(1) In general.--Not later than 3 years after the date of
the enactment of the Autocycle Safety Act, the Secretary of
Transportation shall issue such final rules, interpretations,
and test procedures in accordance with paragraphs (2) and (3)
as may be necessary for a person to satisfy the requirements
set forth in section 30112(a) with regard to an autocycle.
``(2) Determination.--In determining which motor vehicle
safety standards are applicable to autocycles under paragraph
(1), the Secretary shall--
``(A) apply appropriate motorcycle safety standards
to those aspects of an autocycle's performance that are
appropriately regulated through the motor vehicle
safety standards applicable to motorcycles; and
``(B) apply appropriate passenger car safety
standards to those aspects of an autocycle's
performance regulated through motor vehicle safety
standards that are not otherwise appropriately
regulated through a motorcycle standard.
``(3) Other requirements.--In issuing rules to preserve
autocycle safety pursuant to paragraph (1), the Secretary
shall--
``(A) provide autocycle manufacturers with
appropriate lead time to comply with the safety
standards set forth in such rules; and
``(B) comply with the requirements and
considerations set forth in subsections (a) and (b) of
section 30111.''.
(c) Conforming Amendments.--Section 30112(a) of title 49, United
States Code, is amended--
(1) in paragraph (1), by striking ``sections 30113 and
30114'' and inserting ``sections 30113, 30114, and 30114A'';
and
(2) in paragraph (3), by striking ``section 30114,'' and
inserting ``sections 30114 and 30114A,''. | Autocycle Safety Act This bill applies specified interim automotive and motorcycle safety standards to autocycles until at most three years after enactment of this bill, by which time the Department of Transportation shall issue appropriate final rules, interpretations, and test procedures. The bill defines "autocycle" as a motorcycle with three wheels in contact with the ground, front-wheel drive, a fully enclosed occupant compartment, and a steering wheel and which is subject to applicable federal motor vehicle safety standards. | Autocycle Safety Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Criminal Contempt of
Congress Procedures Act of 2009''.
SEC. 2. ALTERNATE PROCEDURE.
(a) Scope of Application.--If the House of Representatives finds a
current or former officer or employee of the Executive branch has
violated section 102 of the Revised Statutes of the United States (2
U.S.C. 192), the procedures of this Act apply.
(b) Certification by Speaker.--Upon the finding by the House of
Representatives of a violation to which this Act applies, the Speaker
shall certify that finding to the appropriate United States attorney,
whose duty it shall be to bring the matter before the grand jury for
its action.
(c) Circumstances Leading to Appointment of Special Counsel.--If--
(1) the Attorney General or the United States attorney to
whom the finding was certified informs the court or the House
that the Department of Justice will not prosecute the case; or
(2) by the end of the 30th day after the date of receipt of
a certification made under subsection (b) a grand jury has not
returned an indictment based on the violation alleged in the
certification;
the Chief Judge of the United States district court for the district to
whose United States Attorney the certification was made (hereinafter in
this Act referred to as the ``Chief Judge'') shall appoint a special
counsel under section 3. It shall be the duty of the Attorney General
to inform that court and the House if a grand jury does not return an
indictment by the end of the 30-day period. The Speaker of the House,
or any interested congressional party, may file with the Chief Judge a
suggestion that circumstances giving rise to a duty to appoint a
special counsel have occurred after the 30-day period ends without the
return of an indictment.
SEC. 3. APPOINTMENT, QUALIFICATIONS, AND PROSECUTORIAL JURISDICTION OF
SPECIAL COUNSEL, AND ADMINISTRATIVE MATTERS RELATING TO
THE SPECIAL COUNSEL.
(a) Appointment, Qualifications, and Prosecutorial Jurisdiction of
Special Counsel.--
(1) Appointment and qualifications.--The Chief Judge shall
appoint the special counsel, who must be an attorney in good
standing with substantial prosecutorial experience who has not
served in any capacity in the administration of the President
who is or was in office when the Speaker of the House certified
the finding of a violation.
(2) Prosecutorial jurisdiction.--The Chief Judge shall
define the special counsel's prosecutorial jurisdiction as
comprising the investigation and prosecution of the alleged
violation, any conspiracy to commit the alleged violation, and
any perjury, false statement, or obstruction of justice
occurring in relation to such investigation and prosecution.
(b) Authority of Special Counsel With Respect to Matters Within
Prosecutorial Jurisdiction.--With respect to all matters in that
special counsel's prosecutorial jurisdiction, a special counsel
appointed under this Act shall have full power and independent
authority to exercise all prosecutorial functions and powers, and any
other functions and powers normally ancillary thereto, of the
Department of Justice, the Attorney General, and any other officer or
employee of the Department of Justice, except that the Attorney General
shall exercise direction or control as to those matters that
specifically require the Attorney General's personal action under
section 2516 of title 18, United States Code.
(c) Compliance With Policies of the Department of Justice.--
(1) In general.--A special counsel shall, except to the
extent that to do so would be inconsistent with the purposes of
this Act, comply with the written or other established policies
of the Department of Justice respecting enforcement of the
criminal laws.
(2) National security.--A special counsel shall comply with
guidelines and procedures used by the Department in the
handling and use of classified material.
(d) Salary.--The special counsel shall receive a salary equivalent
to the salary of the United States Attorney for the District of
Columbia.
(e) Staff.--The special counsel may appoint and fix the salaries of
such staff, not to exceed 12 in number, as the special counsel deems
necessary to carry out the functions of the special counsel under this
Act. However, no salary of a member of such staff may exceed the salary
of the special counsel.
(f) Expenses.--The Department of Justice shall pay all costs
relating to the establishment and operation of any office of special
counsel. The Attorney General shall submit to the Congress, not later
than 30 days after the end of each fiscal year, a report on amounts
paid during that fiscal year for expenses of investigations and
prosecutions the special counsel.
(g) Report to Congress.--Each special counsel shall report to
Congress annually on the special counsel's activities under this Act.
The report shall include a description of the progress of any
investigation or prosecution conducted by the special counsel and
provide information justifying the costs of the activities reported on.
SEC. 4. REMOVAL OF SPECIAL COUNSEL.
(a) In General.--A special counsel may be removed from office,
other than by impeachment and conviction, only by the personal action
of the Attorney General, and only for good cause, physical or mental
disability, or any other condition that substantially impairs the
performance of that special counsel's duties.
(b) Report Upon Removal.--If a special counsel is removed from
office, the Attorney General shall promptly submit to the Chief Judge
and to Congress a report specifying the facts found and the ultimate
grounds for the removal.
(c) Judicial Review of Removal.--A special counsel removed from
office may obtain judicial review of the removal in a civil action. The
Chief Judge may not hear or determine any such civil action or any
appeal of a decision in any such civil action. The special counsel may
be reinstated or granted other appropriate relief by order of the
court.
(d) Appointment of Replacement.--Upon removal of a special counsel,
the Chief Judge shall appoint a similarly qualified individual to
continue the functions of the special counsel.
SEC. 5. TERMINATION OF SPECIAL COUNSEL'S AUTHORITY.
(a) In General.--The authority of the special counsel shall cease
two years after the date of the special counsel's appointment, but the
Chief Judge may extend that authority for an additional period not to
exceed one year, if the Chief Judge finds good cause to do so. Good
cause to do so includes that the investigation or prosecution
undertaken by the special counsel has been delayed by dilatory tactics
by persons who could provide evidence that would significantly assist
the investigation or prosecution, and also includes the need to allow
the special counsel to participate in any appellate proceedings related
to prosecutions engaged in by the special counsel.
(b) Termination by Court.--The Chief Judge, either on the judge's
own motion or upon the request of the Attorney General, may terminate
an office of special counsel at any time, on the ground that the
investigation of all matters within the prosecutorial jurisdiction of
such special counsel, and any resulting prosecutions, have been
completed or so substantially completed that it would be appropriate
for the Department of Justice to complete such investigations and
prosecutions.
SEC. 6. INCREASE IN PENALTY FOR CONTEMPT OF CONGRESS.
Section 102 of the Revised Statutes of the United States (2 U.S.C.
194) is amended by striking ``deemed'' and all that follows through
``twelve months'' and inserting ``fined not more than $1,000,000 or
imprisoned not more than 2 years, or both''.
SEC. 7. EFFECTIVE DATE.
This Act takes effect on January 20, 2009. | Special Criminal Contempt of Congress Procedures Act of 2009 - Establishes alternate procedures for the prosecution of current or former officers or employees of the executive branch found in contempt of Congress for refusal to testify or produce documents in response to a congressional subpoena.
Requires the Speaker of the House of Representatives to certify a finding of contempt of Congress to the appropriate U.S. attorney for presentation to a grand jury. Requires the Chief Judge of a U.S. district court to appoint a special counsel to prosecute any contempt case certified by the Speaker if the Attorney General or U.S. attorney to whom a finding of contempt was certified declines to prosecute or a grand jury does not return an indictment within a specified time period. Requires such special counsel to be an attorney in good standing with substantial prosecutorial experience who did not serve in the administration of a President in office when a finding of contempt was certified. Grants full power and independent authority to the special counsel to exercise all prosecutorial functions and powers.
Sets forth provisions for the removal of the special counsel and the termination of the special counsel's authority.
Increases the penalty for refusal of witnesses to testify or produce papers in response to a congressional subpoena.
Makes this Act effective on January 20, 2009. | To provide an alternate procedure for the prosecution of certain criminal contempts referred for prosecution by the House of Representatives, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Compliance and
Affordability Act''.
SEC. 2. INTEGRATED MUNICIPAL STORMWATER AND WASTEWATER APPROACH
FRAMEWORK.
(a) In General.--In the first 5 fiscal years beginning after the
date of enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator''), in coordination with appropriate State, local, and
regional authorities, shall carry out a pilot program under which the
Administrator shall work cooperatively with and facilitate the efforts
of eligible municipalities to develop and implement integrated plans to
meet wastewater and stormwater obligations of the eligible
municipalities under the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.) in a more cost-effective and flexible manner.
(b) Framework.--The Administrator shall carry out the pilot program
in a manner that is consistent with the Integrated Municipal Stormwater
and Wastewater Approach Framework issued by the Environmental
Protection Agency and dated May 2012.
(c) Selection of Eligible Municipalities.--
(1) In general.--The Administrator, in consultation with
States that have approved National Pollutant Discharge
Elimination System programs, shall select not less than 15
eligible municipalities to participate in the pilot program.
(2) Eligible municipality.--An eligible municipality is a
county, city, town, township, or subdivision of a State or
local government that--
(A) qualifies as a National Pollutant Discharge
Elimination System permit holder or designee; or
(B) is a party to an administrative order,
administrative consent agreement, or judicial consent
decree to comply with the requirements of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(3) Selection factors.--
(A) In general.--In selecting the eligible
municipalities to participate in the pilot program, the
Administrator shall give priority to--
(i) eligible municipalities that are
operating under an administrative order,
administrative consent agreement, or judicial
consent decree to comply with the requirements
of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(ii) eligible municipalities that are
affected by affordability constraints in
planning and implementing control measures to
address wet weather discharges from wastewater
and stormwater facilities of the eligible
municipalities; and
(iii) eligible municipalities with a
history of knowledgeable, detailed, and
comprehensive efforts to develop integrated and
adaptive clean water management practices.
(B) Use of adaptive management approaches.--In
selecting eligible municipalities to participate in the
pilot program, the Administrator may give priority to
an eligible municipality that is seeking to develop and
implement an integrated plan that includes adaptive
approaches to account for changed or future uncertain
circumstances, including--
(i) the use of new innovative technical or
institutional approaches; and
(ii) the ability to adapt the integrated
plan in response to new regulatory requirements
and reductions in financial capability.
(d) Approval of Integrated Plans.--
(1) In general.--In approving the integrated plan of an
eligible municipality under the pilot program established under
subsection (a), the Administrator shall--
(A) account for the financial capability of the
eligible municipality to adequately address the
requirements of the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) that apply to the eligible
municipality;
(B) prioritize the obligations of the eligible
municipality under the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) according to the most
cost-effective and environmentally beneficial outcomes;
(C) account for the maintenance, operational, and
regulatory obligations of the eligible municipality;
and
(D) enable the eligible municipality to implement
innovative and flexible approaches to meet the
obligations of the eligible municipality under the
Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
(2) Additional authorities.--In carrying out the pilot
program established under subsection (a), the Administrator
may, in full coordination and mutual agreement with an eligible
municipality selected to participate in the pilot program--
(A) extend the allowable national pollutant
discharge elimination system permit term under section
402 of the Federal Water Pollution Control Act (33
U.S.C. 1342) to a maximum of 25 years, and make
corresponding changes to any associated implementation
schedule;
(B) modify the implementation terms of a consent
decree entered into by the eligible municipality with
the Administrator pursuant to that Act; and
(C) provide additional regulatory flexibility under
the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) in approving and implementing an integrated
plan that includes adaptive approaches in order to
encourage the innovation integral to such approaches.
(e) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter for 5 years, the
Administrator shall submit to Congress a report on the results of the
pilot program established under subsection (a), including a description
of the specific outcomes expected to be achieved that will reduce the
costs of complying with the requirements of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) for--
(1) eligible municipalities participating in the pilot
program; and
(2) eligible municipalities that are similarly situated but
not participating in the pilot program. | Clean Water Compliance and Affordability Act This bill requires the Environmental Protection Agency (EPA) to carry out a pilot program to facilitate the efforts of eligible municipalities to develop and implement integrated plans to meet their wastewater and stormwater obligations under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) in a cost-effective and flexible manner and consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by the EPA in May 2012. The pilot program must facilitate the efforts of at least 15 municipalities. A municipality is eligible to participate in the pilot program if it is: (1) a National Pollutant Discharge Elimination System (NPDES) permit holder or designee; or (2) a party to an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Clean Water Act. The EPA must give priority to municipalities that: (1) are affected by affordability constraints in planning and implementing control measures addressing wet weather discharges from wastewater and stormwater facilities; and (2) have a history of knowledgeable, detailed, and comprehensive efforts to develop integrated and adaptive clean water management practices. The EPA may give priority to municipalities seeking to develop and implement an integrated plan that includes approaches that adapt to changed or future uncertain circumstances. With the mutual agreement of participating municipalities, the EPA may: (1) extend the allowable NPDES permit term by up to 25 years, (2) modify the implementation terms of a consent decree, and (3) provide additional regulatory flexibility in approving and implementing an integrated plan that includes adaptive approaches. | Clean Water Compliance and Affordability Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Competition in Foreign Commerce
Act of 1999''.
SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.
(a) Findings.--Congress finds that--
(1) The United States makes substantial contributions and
provides significant funding for major international
development projects through the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the African
Development Fund, and other multilateral lending institutions.
(2) These international development projects are often
plagued with fraud, corruption, waste, inefficiency, and misuse
of funding.
(3) Fraud, corruption, waste, inefficiency, misuse, and
abuse are major impediments to competition in foreign commerce
throughout the world.
(4) Identifying these impediments after they occur is
inadequate and meaningless.
(5) Detection of impediments before they occur helps to
ensure that valuable United States resources contributed to
important international development projects are used
appropriately.
(6) Independent third-party procurement monitoring is an
important tool for detecting and preventing such impediments.
(7) Third-party procurement monitoring includes evaluations
of each stage of the procurement process and assures the
openness and transparency of the process.
(8) Improving transparency and openness in the procurement
process helps to minimize fraud, corruption, waste,
inefficiency, and other misuse of funding, and promotes
competition, thereby strengthening international trade and
foreign commerce.
(b) Purpose.--The purpose of this Act is to build on the excellent
progress associated with the Organization on Economic Development and
Cooperation Agreement on Bribery and Corruption, by requiring the use
of independent third-party procurement monitoring as part of the United
States participation in multilateral development banks and other
lending institutions and in the disbursement of nonhumanitarian foreign
assistance funds.
SEC. 3. DEFINITIONS.
(a) Definitions.--In this Act:
(1) Appropriate committees.--The term ``appropriate
committees'' means the Committee on Commerce, Science, and
Technology of the Senate and the Committee on Commerce of the
House of Representatives.
(2) Independent third-party procurement monitoring.--The
term ``independent third-party procurement monitoring'' means a
program to--
(A) eliminate bias,
(B) promote transparency and open competition, and
(C) minimize fraud, corruption, waste,
inefficiency, and other misuse of funds,
in international procurement through independent evaluation of
the technical, financial, economic, and legal aspects of the
procurement process.
(3) Independent.--The term ``independent'' means that the
person monitoring the procurement process does not render any
paid services to private industry and is neither owned nor
controlled by any government or government agency.
(4) Each stage of procurement.--The term ``each stage of
procurement'' means the development and issuance of technical
specifications, bidding documents, evaluation reports, contract
preparation, and the delivery of goods and services.
(5) Multilateral development banks and other lending
institutions.--The term ``multilateral development banks and
other lending institutions'' means the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, and the
African Development Fund.
SEC. 4. REQUIREMENTS FOR FAIR COMPETITION IN FOREIGN COMMERCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Treasury shall transmit to
the President and to appropriate committees of Congress a strategic
plan for requiring the use of independent third-party procurement
monitoring and other international procurement reforms relating to the
United States participation in multilateral development banks and other
lending institutions.
(b) Strategic Plan.--The strategic plan shall include an
instruction by the Secretary of the Treasury to the United States
Executive Director of each multilateral development bank and lending
institution to use the voice and vote of the United States to oppose
the use of funds appropriated or made available by the United States
for any non-humanitarian assistance, until--
(1) the recipient international financial institution has
adopted an anticorruption plan that requires the use of
independent third-party procurement monitoring services and
ensures openness and transparency in government procurement;
and
(2) the recipient country institutes specific strategies
for minimizing corruption and maximizing transparency in each
stage of the procurement process.
(c) Annual Reports.--Not later than June 29 of each year, the
Secretary of the Treasury shall report to Congress on the progress in
implementing procurement reforms made by each multilateral development
bank and lending institution and each country that received assistance
from a multilateral development bank or lending institution during the
preceding year.
(d) Restrictions on Assistance.--Notwithstanding any other
provision of law, no funds appropriated or made available for
nonhumanitarian foreign assistance programs, including the activities
of the Agency for International Development, may be expended for those
programs unless the recipient country, multilateral development bank or
lending institution has demonstrated that--
(1) procurement practices are open, transparent, and free
of corruption, fraud, inefficiency, and other misuse, and
(2) independent third-party procurement monitoring has been
adopted and is being used by the recipient.
SEC. 5. EXCEPTIONS.
(a) National Security Interest.--Section 4 shall not apply with
respect to a country if the President determines with such respect to
such country that making funds available is important to the national
security interest of the United States. Any such determination shall
cease to be effective 6 months after being made unless the President
determines that its continuation is important to the national security
interest of the United States.
(b) Other Exceptions.--Section 4 shall not apply with respect to
assistance to--
(1) meet urgent humanitarian needs (including providing
food, medicine, disaster, and refugee relief);
(2) facilitate democratic political reform and rule of law
activities;
(3) create private sector and nongovernmental organizations
that are independent of government control; and
(4) facilitate development of a free market economic
system. | Prohibits the use of funds for nonhumanitarian foreign assistance programs (including Agency for International Development (AID) activities) unless the recipient country, multilateral development bank or lending institution has demonstrated that: (1) procurement practices are open, transparent, and free of corruption, fraud, inefficiency, and other misuse; and (2) the recipient has adopted and is using independent third-party procurement monitoring.
Specifies exceptions to the requirements of this Act. | Fair Competition in Foreign Commerce Act of 1999 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The international traffic in illicit drugs,
particularly along the Southwest Border, poses a serious threat
to the national security of the United States and to every
nation where the production, transit, or consumption of such
drugs occurs.
(2) The United States considers combating international
drug cartels to be one of its highest national security and
foreign policy priorities.
(3) In order to reduce and eliminate the illicit drug
trade, the United States and countries where substantial
production or transit of such drugs occurs must cooperate to
eradicate and interdict supplies of such drugs and to penetrate
the operations of major drug traffickers.
(4) It is in the national interest that the President
explore all possible mechanisms, including bilateral agreements
and other plans on counternarcotics matters, in order to
facilitate cooperation in joint counternarcotics programs and
to better assist other governments in developing effective
counternarcotics programs within their territories.
(5) The bilateral agreements and other plans on
counternarcotics matters to which the United States is a party
should establish concrete and measurable goals with transparent
benchmarks for measuring progress in the achievement of such
goals.
SEC. 2. INAPPLICABILITY OF ANNUAL DRUG CERTIFICATION PROCEDURES TO
CERTAIN COUNTRIES COVERED BY BILATERAL COUNTERDRUG
AGREEMENTS AND PLANS WITH THE UNITED STATES.
(a) In General.--Section 490 of the Foreign Assistance Act of 1961
(22 U.S.C. 2291j) is amended by adding at the end the following:
``(i) Inapplicability to Certain Countries Having Bilateral
Counterdrug Agreements and Plans With the United States.--
``(1) Inapplicability.--Subsections (a) through (g) shall
not apply in a fiscal year to a country to which such
subsections would otherwise apply in that fiscal year if the
President determines, not later than December 31 of that fiscal
year and after consultation with the Secretary of State, the
Secretary of the Treasury, the Attorney General, the Director
of the Office of National Drug Control Policy, the Director of
the Federal Bureau of Investigation, the Administrator of the
Drug Enforcement Administration, the Commissioner of
Immigration and Naturalization, and the Commissioner of
Customs, that--
``(A) the country is a party to a bilateral
agreement and other plans with the United States, which
agreement and plans together--
``(i) are consistent with the goals and
objectives established by international
agreements on the illicit trafficking and abuse
of narcotics and psychotropic drugs to which
the United States and the country are parties;
``(ii) address issues relating to the
control of illicit drugs, including production,
distribution, and interdiction, demand
reduction, the activities of criminal
organizations, cooperation among law
enforcement agencies (including the exchange of
information and evidence), extradition of
individuals involved in drug-related criminal
activity, border security, money laundering,
firearms trafficking, corruption, control of
chemicals, asset forfeiture, and training and
technical assistance; and
``(iii) include timetables and objective
and measurable standards to assess the progress
made by both countries with respect to such
issues; and
``(B) progress is being made in accordance with the
agreement and plans with respect to the control of
illicit drugs.
``(2) Reports.--Not later than December 31 and June 30 of a
fiscal year, the President shall submit to Congress a report on
the progress made with respect to the control of illicit drugs
by each country determined to be covered by paragraph (1) for
that fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to the withholding of bilateral assistance and opposition
to multilateral assistance under section 490 of the Foreign Assistance
Act of 1961 for fiscal years after fiscal year 1999. | Amends the Foreign Assistance Act of 1961 to declare that certain annual certifications made to Congress that allow a major drug-transit country or major illicit drug producing country to expend withheld bilateral assistance and multilateral development assistance provided certain conditions are met shall not apply to such countries if the President determines that: (1) such countries are a party to a bilateral agreement that calls for the control of illicit drugs; and (2) progress is being made in accordance with the agreement with respect to the control of illicit drugs. | A bill to provide that the annual drug certification procedures under the Foreign Assistance Act of 1961 not apply to certain countries with which the United States has bilateral agreements and other plans relating to counterdrug activities, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teri Zenner Social Worker Safety
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Occupational Safety and Health
Administration, some 2 million American workers are victims of
job-related violence each year.
(2) On August 17, 2004, Teri Zenner, a social worker and
case manager with Johnson County Mental Health Center, was
stabbed and killed during a routine, in-home visit with a
client.
(3) Based on OSHA's most recently published ``Guidelines
for Preventing Workplace Violence for Health Care & Social
Service Workers'', 48 percent of all non-fatal injuries from
occupational assaults and violent acts occurred in the fields
of health care and social services.
(4) A major study by the American Federation of State,
County, and Municipal Employees, found that 70 percent of
front-line child welfare workers had been victims of violence
or threats in the line of duty. A review of the 585 exit
interviews found that 90 percent of former child welfare
workers experienced verbal threats, 30 percent experienced
physical attacks, and 13 percent had been threatened with
weapons.
(5) Based on 2000 Bureau of Labor Statistics findings,
social service workers in the public sector, including social
workers and case workers, are approximately 7 times more likely
to be the victims of violent assaults while at work than are
workers in the private sector.
(6) States such as California, New Jersey, and Washington,
and the National Association of Social Workers, have all
developed various safety programs with safety guidelines for
social workers and case workers to follow while in the course
of their employment.
(7) Social workers and case workers elevate service to
others above self-interest, and draw on their knowledge, values
and skills to help people in need and to address social
problems. Job-related violence against social workers and case
workers affects these hard-working and dedicated individuals,
their families, their clients, and their communities throughout
the United States.
(8) There is a need to increase public awareness and
understanding of job-related violence in the field of social
services and to meet the needs of social workers and case
workers in preventing such violence. Although not every
incident of job-related violence can be prevented, many can,
and the severity of injuries sustained by social workers and
case workers can be reduced.
SEC. 3. SOCIAL WORKER SAFETY GRANT PROGRAM.
(a) Grants Authorized.--The Secretary of Health and Human Services
(the ``Secretary''), through the Substance Abuse and Mental Health
Services Administration, is authorized to award grants to States to
provide safety measures to social workers and other professionals
working with violent, drug-using, or other at-risk populations.
(b) Use of Funds.--Grants awarded pursuant to subsection (a) may be
used to provide or support the following safety measures:
(1) The procurement and installation of safety equipment,
including communications systems, such as GPS tracking devices
and GPS cell telephones to assist agencies in locating staff,
and any technical assistance and training for safety
communications.
(2) Training exercises for self-defense and crisis
management.
(3) Facility safety improvements.
(4) The provision of pepper spray for self-defense.
(5) Training in cultural competency, including linguistic
training, and training on strategies for de-escalating a
situation that could turn volatile.
(6) Training to help workers who work with mentally ill
community or that have behavioral problems and need help
coping.
(7) Educational resources and materials to train staff on
safety and awareness measures.
(8) Other activities determined by the Secretary to be
safety training.
(c) Application.--
(1) In general.--A State seeking a grant under subsection
(a) shall submit an application to the Secretary, at such time,
in such manner, and accompanied by such additional information
as the Secretary may require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the type of agencies that will be
receiving funding from the grant and type of work done
by such agencies;
(B) describe the specific activities for which
assistance under this section is sought and include a
program budget; and
(C) contain an assurance that the applicant will
evaluate the effectiveness of the safety measure
provided with funds received under the grant.
(d) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to those applicants that--
(1) demonstrate the greatest need based on documented
incidents; and
(2) seek to provide assistance to multiple agencies.
(e) Quality Assurance and Cost-Effectiveness.--The Secretary shall
establish guidelines for assuring the cost-effectiveness and quality of
the safety measures funded under this section.
(f) Technical Assistance.--The Secretary may provide technical
assistance to grant recipients with respect to planning, developing,
and implementing safety measures under the grant.
(g) Report Requirement.--States receiving grants shall file with
the Secretary, not later than 2 years after the receipt of the grant,
information that includes--
(1) an assessment of the activities funded in whole or in
part with such grant;
(2) the range and scope of training opportunities,
including numbers and percentage of social workers engaged in
the training programs funded in whole or in part by such grant;
and
(3) the incidence of threats to social workers, if any, and
the strategies used to address their safety.
(h) Non-Federal Share.--For any State receiving a grant under this
section, the non-Federal share of any program to provide safety
measures shall be 50 percent.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Health and Human Services $5,000,000
for each of fiscal years 2010 through 2014 to carry out this Act. | Teri Zenner Social Worker Safety Act - Authorizes the Secretary of Health and Human Services, through the Substance Abuse and Mental Health Services Administration, to award grants to states to provide safety measures to social workers and other professionals working with violent, drug-using, or other at-risk populations.
Authorizes such grants to be used to provide or support: (1) the procurement and installation of safety equipment, including communications systems to assist agencies in locating staff, and technical assistance and training for safety communications; (2) training exercises for self-defense and crisis management; (3) facility safety improvements; (4) provision of pepper spray for self-defense; (5) training in cultural competency and on strategies for de-escalating a situation that could turn volatile; (6) training to help workers who work with mentally ill communities and who need help coping; and (7) educational resources and materials to train staff on safety and awareness measures.
Directs the Secretary to establish guidelines for assuring the cost-effectiveness and quality of the safety measures funded. | To establish a grant program to assist in the provision of safety measures to protect social workers and other professionals who work with at-risk populations. |
5, and on March 16, 1999, the
House of Representatives adopted House Concurrent Resolution
24, both of which resolved that: ``any attempt to establish
Palestinian statehood outside the negotiating process will
invoke the strongest congressional opposition.''.
(4) On July 25, 2000, Palestinian Chairman Arafat and
Israeli Prime Minister Barak issued a joint statement agreeing
that the ``two sides understand the importance of avoiding
unilateral actions that prejudice the outcome of negotiations
and that their differences will be resolved in good-faith
negotiations''.
SEC. 3. POLICY OF THE UNITED STATES.
It shall be the policy of the United States to oppose the
unilateral declaration of a Palestinian state, to withhold diplomatic
recognition of any Palestinian state that is unilaterally declared, and
to encourage other countries and international organizations to
withhold diplomatic recognition of any Palestinian state that is
unilaterally declared.
SEC. 4. MEASURES TO BE APPLIED IF A PALESTINIAN STATE IS UNILATERALLY
DECLARED.
(a) Measures.--Notwithstanding any other provision of law,
beginning on the date that a Palestinian state is unilaterally declared
and ending on the date such unilateral declaration is rescinded or on
the date the President notifies the Committee on International
Relations of the House of Representatives and the Committee on Foreign
Relations of the Senate that an agreement between Israel and the
Palestinian Authority regarding the establishment of a Palestinian
state has been concluded, the following measures shall be applied:
(1) Downgrade in status of palestinian office in the united
states.--
(A) Notwithstanding any other provision of law, it
shall be unlawful for the government of any
unilaterally declared Palestinian state, the
Palestinian Authority, the Palestine Liberation
Organization, any of its constituent groups, or any
successors thereof, to establish or maintain an office,
headquarters, premises, or other facilities or
establishments within the jurisdiction of the United
States.
(B) Nothing in this paragraph shall be construed to
preclude--
(i) the establishment or maintenance of a
Palestinian information office in the United
States, operating under the same terms and
conditions as the Palestinian information
office that existed prior to the Oslo Accords;
or
(ii) diplomatic contacts between
Palestinian officials and United States
counterparts.
(2) Prohibition on united states assistance to a
unilaterally declared palestinian state.--United States
assistance may not be provided to the government of a
unilaterally declared Palestinian state, the Palestinian
Authority, or to any successor or related entity.
(3) Prohibition on united states assistance to the west
bank and gaza.--United States assistance (except humanitarian
assistance) may not be provided to programs or projects in the
West Bank or Gaza.
(4) Authority to withhold payment of united states
contributions to international organizations that recognize a
unilaterally declared palestinian state.--The President is
authorized to--
(A) withhold up to 10 percent of the United States
assessed contribution to any international organization
that recognizes a unilaterally declared Palestinian
state; and
(B) reduce the United States voluntary contribution
to any international organization that recognizes a
unilaterally declared Palestinian state up to 10
percent below the level of the United States voluntary
contribution to such organization in the fiscal year
prior to the fiscal year in which such organization
recognized a unilaterally declared Palestinian state.
(5) Opposition to lending by international financial
institutions.--The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) to use the voice,
vote, and influence of the United States to oppose--
(A) membership for a unilaterally declared
Palestinian state in such institution, or other
recognition of a unilaterally declared Palestinian
state by such institution; and
(B) the extension by such institution to a
unilaterally declared Palestinian state of any loan or
other financial or technical assistance.
(6) Limitation on use of funds to extend united states
recognition.--No funds available under any provision of law may
be used to extend United States recognition to a unilaterally
declared Palestinian state, including, but not limited to,
funds for the payment of the salary of any ambassador, consul,
or other diplomatic personnel to such a unilaterally declared
state, or for the cost of establishing, operating, or
maintaining an embassy, consulate, or other diplomatic facility
in such a unilaterally declared state.
(b) Suspension of Measures.--
(1) In general.--The President may suspend the application
of any of paragraphs (3) through (5) of subsection (a) for a
period of not more than one year if, with respect to the
suspension of the application of any such paragraph, the
President determines and certifies to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate that--
(A) such suspension is in the national security
interest of the United States; or
(B) the application of such paragraph or paragraphs
would significantly hinder the prospects for a
negotiated peace agreement in the Middle East.
Such certification shall be accompanied by a justification for
the basis of the determination.
(2) Renewal.--The President may renew the suspension of the
application of any of paragraphs (3) through (5) of subsection
(a) for a successive period or periods of not more than one
year if, before each such period, the President makes a
determination and transmits a certification in accordance with
paragraph (1).
(3) Additional requirement.--A suspension of the
application of any of paragraphs (3) through (5) of subsection
(a) under paragraph (1) or paragraph (2) shall cease to be
effective after one year or at such earlier date as the
President may specify.
(c) Definition.--For purposes of paragraphs (2) and (3) of
subsection (a), the term ``United States assistance''--
(1) means--
(A) assistance under the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), except--
(i) assistance under chapter 8 of part I of
such Act (relating to international narcotics
control assistance);
(ii) assistance under chapter 9 of part I
of such Act (relating to international disaster
assistance); and
(iii) assistance under chapter 6 of part II
of such Act (relating to assistance for
peacekeeping operations);
(B) assistance under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), including the license or
approval for export of defense articles and defense
services under section 38 of that Act; and
(C) assistance under the Export-Import Bank Act of
1945; and
(2) does not include counter-terrorism assistance. | Sets forth certain measures that shall be applied in the event that a Palestinian state is unilaterally declared, including: (1) to make it unlawful for the government of any unilaterally declared Palestinian state, the Palestinian Authority, the Palestine Liberation Organization (PLO), or any successor entities to establish an office in the United States; (2) to bar of U.S. assistance to the government of any unilaterally declared Palestinian state, the Palestinian Authority (or to any successor entity), and any programs or projects in the West Bank or Gaza (except humanitarian assistance); (3) to withhold a specified percentage of the U.S. contribution to any international organization that recognizes a unilaterally declared Palestinian state; and (4) to oppose such state's membership in any international financial institution or the extension by such institution of any loan or other financial assistance to it.
Authorizes the President to suspend, for one year, the application of a specified number of such measures provided he determines and certifies to specified congressional committees that such suspensions are in the national security interests of the United States or the application of such measures would significantly hinder the prospects for a negotiated peace agreement in the Middle East. | Peace Through Negotiations Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Access to Prescription
Drug Benefits for Veterans Act of 2003''.
SEC. 2. PRESCRIPTION DRUG BENEFIT FOR VETERANS.
(a) In General.--(1) Chapter 17 of title 38, United States Code, is
amended by inserting after section 1722A the following new section:
``Sec. 1722B. Prescription drug benefit
``(a) Benefit.--The Secretary shall establish a prescription drug
benefit program in accordance with this section. Under the program, the
Secretary shall furnish to veterans described in subsection (b) drugs
and medicines ordered on prescription of a duly licensed physician or
other authorized health care professional who is not an employee of the
Department, subject to the payment of any applicable premium and
copayment under this section.
``(b) Veterans Eligible for Benefit.--A veteran is eligible to
participate in the prescription drug benefit program under this section
if the veteran--
``(1) is enrolled in the Department health care system
under section 1705 of this title;
``(2) seeks an initial appointment with a physician or
other health-care provider of the Department to obtain a
prescription for drugs or medicines; and
``(3) either--
``(A) is informed that such an appointment may be
made only for a date that is more than 30 days after
the date on which the veteran makes the contact seeking
the appointment; or
``(B) otherwise, through no responsibility of the
veteran, does not actually have such an appointment
within 30 days of the date on which the veteran makes
the contact seeking the appointment.
``(c) Annual Premium and Copayments.--(1) The Secretary shall by
regulation establish an annual premium amount that must be paid to the
United States by a veteran for drugs and medicines furnished under this
section each year before such drugs and medicines are furnished to that
veteran at the expense of the United States that year.
``(2) The Secretary shall by regulation establish an amount (known
as a `copayment') that must be paid to the United States by a veteran
for each 30-day supply of drugs and medicines furnished under this
section. If the quantity of such drugs and medicines furnished is less
than a 30-day supply, the amount of the copayment charge may not be
reduced.
``(3) The Secretary may establish different copayment amounts for
prescriptions depending on--
``(A) whether they are filled under a generic drug name or
by brand name;
``(B) whether or not they are available by mail; and
``(C) whether or not they are on the Department's National
Prescription Drug Formulary.
``(4) The amount of the copayment charged for any particular
prescription--
``(A) may not be less than the amount in effect under
section 1722A of this title for the copayment for medications
furnished by the Department on prescription of Department
health-care professionals; and
``(B) subject to subparagraph (A), may not exceed the cost
to the Secretary of furnishing the drugs or medicine.
``(d) Disposition of Receipts.--Any amount received under
subsection (c) shall be deposited in the Department of Veterans Affairs
Medical Care Collections Fund.
``(e) Nonliability.--A health care professional may not be
considered to be an agent or employee of the United States by reason of
a prescription of that health care professional being furnished by the
Secretary under this section.
``(f) Information Resources.--(1) The Secretary shall maintain
records of the costs of the program under this section.
``(2) Not later than six years after the date of the enactment of
this section, the Secretary shall implement a computerized patient
profile system for participants in the prescription drug benefit
program under this section. The patient profile system shall have the
capability, for each participant in the program, of identifying--
``(A) known drug interactions;
``(B) contraindicated drugs;
``(C) available `best value' treatment alternatives for
prescribed medications; and
``(D) patient safety issues.
``(g) Annual Report to Congress.--The Secretary shall submit to
Congress an annual report on the operation of this section for each of
the first five years this section is in effect. Each such report shall
include the following:
``(1) The number of participants in the program during the
year covered by the report and, of that number, the number who
were new enrollees during that year.
``(2) The cost to the Department of the program under this
section during the year covered by the report.
``(3) The amount of resources added during the year covered
by the report to accommodate increased workloads by reason of
this section.
``(h) Regulations.--The Secretary shall prescribe regulations to
carry out this section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1722A the
following new item:
``1722B. Prescription drug benefit.''.
(b) Effective Date.--Section 1722B of title 38, United States Code,
as added by subsection (a), shall take effect on the first day of the
first month beginning more than six months after the date of the
enactment of this Act. | Improving Access to Prescription Drug Benefits for Veterans Act of 2003 - Directs the Secretary of Veterans Affairs to establish a prescription drug benefit program under which drugs and medicines are furnished to eligible veterans on prescription of a duly licensed physician or other authorized health care professional who is not an employee of the Department of Veterans Affairs, subject to the payment of any required premium and copayment. Makes eligible for the program any veteran who: (1) is enrolled in the Department health care system; (2) seeks an initial appointment with a Department physician or other health-care provider to obtain a prescription; and (3) can not obtain such an appointment until more than 30 days later.
Requires the Secretary to: (1) establish required premiums and copayments; (2) maintain records of the costs of the program; and (3) implement a computerized patient profile system for program participants. | To amend title 38, United States Code, to provide improved prescription drug benefits for veterans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Literacy, Education, and
Rehabilitation Act''.
SEC. 2. CREDIT FOR PARTICIPATION IN EDUCATIONAL, VOCATIONAL, TREATMENT,
ASSIGNED WORK, OR OTHER DEVELOPMENTAL PROGRAMS.
(a) In General.--Section 3624 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``as provided in
subsection (b)'';
(2) by redesignating subsections (c), (d), (e), and (f), as
subsections (d), (e), (f), and (g); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Credit Toward Service of Sentence for Satisfactory
Participation in a Designated Program.--
``(1) In general.--Subject to paragraphs (2) and (3), a
prisoner serving a term of imprisonment of more than 1 year may
receive credit toward the service of the prisoner's sentence,
in addition to any other credit received, beyond the time
already served, of up to 60 days at the end of each year of the
court-imposed sentence, beginning at the end of the first year
of such sentence. Credit for the last year or portion of a year
of the term of imprisonment shall be prorated and credited
within the last 6 weeks of the sentence.
``(2) Satisfactory participation in designated program.--A
prisoner shall be awarded credit under paragraph (1) if the
Director of the Bureau of Prisons determines that the prisoner
has earned, or is making satisfactory progress toward earning,
a certificate of completion in a designated program, has
satisfactorily participated in a designated program, or has
taught or conducted a designated program.
``(3) Number of days of credit awarded.--
``(A) In general.--The Director of the Bureau of
Prisons shall determine and establish a policy setting
forth the rate of the number of days of credit which a
prisoner may be awarded under this subsection with
respect to any designated program.
``(B) Specific considerations.--In determining the
number of days of credit a prisoner may be awarded with
respect to a designated program, the Director of the
Bureau of Prisons shall consider--
``(i) the level of difficulty of the
program;
``(ii) the time required by the program;
``(iii) the level of responsibility
expected of the prisoner with respect to the
program;
``(iv) the rehabilitative benefits the
program provides the prisoner; and
``(v) the benefits the program provides the
Bureau of Prisons.
``(C) Availability to prisoners.--The Director of
the Bureau of Prisons shall make the policy applicable
to credit awarded under this subsection available for
each prisoner to review prior to that prisoner's
participation in any designated program.
``(4) Eligibility.--Any person sentenced to a term of
imprisonment under custody of the Attorney General, whether
sentenced or convicted prior to or after November 1, 1987,
shall be eligible for the credits described in this subsection.
``(5) Designated program.--The term `designated program'
means a program which has been designated by the Director of
the Bureau of Prisons as a program which benefits either
prisoners or the Bureau of Prisons, including--
``(A) educational and vocational programs, such as
courses and programs through which a prisoner may earn
a high school diploma or an equivalent degree or
certification through an accredited vocational training
program, college, or university;
``(B) treatment programs, such as interventional
rehabilitation programs, including mental health and
drug abuse programs; and
``(C) assigned work and developmental programs.''.
(b) Prisoners Transferred From Foreign Countries to the Custody of
the Attorney General.--
(1) In general.--The second sentence of section 4105(c)(1)
of title 18, United States Code, is amended by inserting ``and
for participation in designated programs under section
3624(c)'' after ``satisfactory behavior''.
(2) Conforming amendments.--Section 4105(c) of title 18,
United States Code, is amended--
(A) by striking ``at the rate provided in section
3624(b)'' each place it appears and inserting ``at the
rates provided in sections 3624(b) and (c)''; and
(B) in paragraph (3), by striking ``section
3624(b)'' and inserting ``sections 3624(b) and (c)''.
(c) Conforming Amendments.--
(1) Title 18.--Section 3603(6) of title 18, United States
Code, is amended by striking ``3624(c)'' and inserting
``3624(d)''.
(2) Title 28.--Section 994(a)(2)(F) of title 28, United
States Code, is amended by striking ``3624(c)'' and inserting
``3624(d)''.
SEC. 3. GOOD TIME CREDIT.
(a) In General.--Section 3624(b)(1) of title 18, United States
Code, is amended by striking ``, beyond the time served, of up to 54
days at the end of each year of the prisoner's term of imprisonment,
beginning at the end of the first year of the term,'' and inserting
``of up to 54 days for each year of the prisoner's sentence imposed by
the court,''.
(b) Restoration of Credit.--Section 3624(b)(1) is amended by
striking the sentence beginning ``Credit that has not been earned'' and
inserting ``The Bureau may subsequently restore any or all credit
previously denied, based on the prisoner's maintaining good behavior as
determined by the Bureau.''.
(c) Applicability.--The amendments made by this section apply with
respect to each prison sentence that has not been completed before the
effective date of this Act, except any sentence imposed before November
1, 1987.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect upon
the expiration of the 90-day period beginning on the date of the
enactment of this Act. | Literacy, Education, and Rehabilitation Act - Amends the federal criminal code to allow a prisoner serving a term of imprisonment of more than one year to receive credit beyond time already served for up to 60 days each year, in addition to any credit received for satisfactory behavior, for earning a certificate of completion in, or for participating in or teaching, a designated program that benefits prisoners or the Bureau of Prisons, including specified educational and vocational, treatment, and work and developmental programs.
Requires the Director of the Bureau to establish the number of days of credit a prisoner may be awarded considering the difficulty, time required, responsibility expected, and rehabilitative benefits of the program.
Makes any person sentenced to a term of imprisonment under the Attorney General's custody eligible for the credits, including prisoners transferred from foreign countries.
Allows: (1) federal prisoners to earn up to 54 days of credit toward the service of a sentence for each year of the prisoner's sentence imposed by the court if the Bureau determines the prisoner has displayed exemplary compliance with institutional disciplinary regulations; and (2) the Bureau to restore credit previously denied to a prisoner, based on such prisoner maintaining good behavior. | To amend title 18, United States Code, to award credit toward the service of a sentence to prisoners who participate in designated educational, vocational, treatment, assigned work, or other developmental programs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Criminal Contempt of
Congress Procedures Act of 2008''.
SEC. 2. ALTERNATE PROCEDURE.
(a) Scope of Application.--If the House of Representatives finds an
officer or employee of the Executive branch, or a former officer or
employee of the Executive branch has violated section 102 of the
Revised Statutes of the United States (2 U.S.C. 192), the procedures of
this Act apply in lieu of the procedures set forth in section 104 of
the Revised Statutes of the United States (2 U.S.C. 194).
(b) Certification by Speaker.--Upon the finding by the House of
Representatives of a violation to which this Act applies, the Speaker
shall certify that finding to the Attorney General for presentation to
a grand jury and to the Special Division of the Court created by this
Act.
(c) Circumstances Leading to Appointment of Special Advocate.--If--
(1) the Attorney General informs the Special Division of
the Court that the Deparment of Justice will not present the
matter to a grand jury because political or institutional
considerations create a conflict that would prevent redress to
an affront to the authority of the House through presentment or
prosecution by the Department of Justice;
(2) the Attorney General informs the Special Division of
the Court that the Department of Justice will not present the
matter to a grand jury for any other reason; or
(3) by the end of the 30th day after the date of receipt of
a certification under subsection (b) the Attorney General has
not presented the matter to a grand jury;
the Special Division of the Court shall appoint a special advocate
under section 3.
SEC. 3. APPOINTMENT, QUALIFICATIONS, AND PROSECUTORIAL JURISDICTION OF
SPECIAL ADVOCATE, AND ADMINISTRATIVE MATTERS RELATING TO
THE SPECIAL ADVOCATE.
(a) Appointment, Qualifications, and Prosecutorial Jurisdiction of
Special Advocate.--
(1) Appointment and qualifications.--The Special Division
of the Court shall appoint the special advocate, who must be an
attorney in good standing with substantial prosecutorial
experience who has not served in any capacity in the
administration of the President who is or was in office when
the Speaker of the House certified the finding of a violation.
(2) Prosecutorial jurisdiction.--The Special Division of
the Court shall define the special advocate's prosecutorial
jurisdiction as comprising the investigation and prosecution of
the alleged violation and any perjury, false statement, and any
obstruction of justice occurring during and in relation to such
investigation and prosecution.
(b) Authority of Special Advocate With Respect to Matters Within
Prosecutorial Jurisdiction.--With respect to all matters in that
special advocate's prosecutorial jurisdiction, a special advocate
appointed under this Act shall have full power and independent
authority to exercise all prosecutorial functions and powers, and any
other functions and powers normally ancillary thereto, of the
Department of Justice, the Attorney General, and any other officer or
employee of the Department of Justice, except that the Attorney General
shall exercise direction or control as to those matters that
specifically require the Attorney General's personal action under
section 2516 of title 18, United States Code.
(c) Salary.--The special advocate shall receive a salary equivalent
to the salary of the United States Attorney for the District of
Columbia.
(d) Staff.--The special advocate may appoint and fix the salaries
of such staff, not to exceed 12 in number, as the special advocate
deems necessary to carry out the functions of the special advocate
under this Act. However, no salary of a member of such staff may exceed
the salary of the special advocate.
(e) Expenses.--The Department of Justice shall pay all costs
relating to the establishment and operation of any office of special
advocate. The Attorney General shall submit to the Congress, not later
than 30 days after the end of each fiscal year, a report on amounts
paid during that fiscal year for expenses of investigations and
prosecutions the special advocate.
(f) Report to Congress.--Each special advocate shall report to
Congress annually on the special advocate's activities under this Act.
The report shall include a description of the progress of any
investigation or prosecution conducted by the special advocate and
provide information justifying the costs of the activities reported on.
SEC. 4. SPECIAL DIVISION OF THE COURT.
(a) Designation.--The Chief Justice shall designate three judges or
justices of the United States, one of whom shall be an active judge of
the United States Court of Appeals for the District of Columbia, to be
the Special Division of the Court for the purposes of this Act. The
Chief Justice shall make the first such designation not later than 45
days after the date of the enactment of this Act.
(b) Special Division To Be a Division Within the United States
Court of Appeals for the District of Columbia Circuit.--The Special
Division of the Court shall be a division within the United States
Court of Appeals for the District of Columbia Circuit.
(c) Length of Designation.--Each designation to the Special
Division of the Court shall be for a term of 2 years, but the Chief
Justice may fill any vacancy arising before the end of a term for the
remainder of that term.
(d) Priority To Be Given to Senior Circuit Judges and Retired
Justices of the United States Supreme Court.--In designating judges and
justices to serve on the Special Division of the Court, the Chief
Justice shall give priority to senior circuit judges and retired
justices of the United States Supreme Court.
(e) Variety of Courts To Be Represented.--Not more than one person
may be designated to such division from a particular court.
SEC. 5. REMOVAL OF SPECIAL ADVOCATE.
(a) In General.--A special advocate may be removed from office,
other than by impeachment and conviction, only by the personal action
of the Attorney General, and only for good cause, physical or mental
disability, or any other condition that impairs the performance of that
special advocate's duties.
(b) Report Upon Removal.--If a special advocate is removed from
office, the Attorney General shall promptly submit to the Special
Division of the Court and the Congress a report specifying the facts
found and the ultimate grounds for the removal.
(c) Judicial Review of Removal.--A special advocate removed from
office may obtain judicial review of the removal in a civil action
commenced in the United States District Court for the District of
Columbia. A member of the Special Division of the Court may not hear or
determine any such civil action or any appeal of a decision in any such
civil action. The special advocate may be reinstated or granted other
appropriate relief by order of the court.
SEC. 6. TERMINATION OF SPECIAL ADVOCATE'S AUTHORITY.
(a) In General.--The authority of the special advocate shall cease
two years after the date of the special advocates appointment, but the
Special Division of the Court may extend that authority for an
additional period not to exceed one year, if the court finds good cause
to do so. Good cause to do so includes that the investigation or
prosecution undertaken by the special advocate has been delayed by
dilatory tactics by persons who could provide evidence that would
significantly assist the investigation or prosecution, and also
includes the need to allow the special advocate to participate in any
appellate proceedings related to prosecutions engaged in by the special
advocate.
(b) Termination by Special Division of the Court.--The Special
Division of the court, either on its own motion or upon the request of
the Attorney General, may terminate an office of special advocate at
any time, on the ground that the investigation of all matters within
the prosecutorial jurisdiction of such special advocate, and any
resulting prosecutions, have been completed or so substantially
completed that it would be appropriate for the Department of Justice to
complete such investigations and prosecutions.
SEC. 7. EFFECTIVE DATE.
This Act takes effect on January 20, 2009. | Special Criminal Contempt of Congress Procedures Act of 2008 - Establishes alternate procedures for the prosecution of current or former officers or employees of the executive branch found in contempt of Congress for refusal to testify or produce documents in response to a congressional subpoena.
Establishes a Special Division of the U.S. Supreme Court to hear such criminal contempt cases. Requires the Chief Justice of the U.S. Supreme Court to designate three judges or justices, one of whom shall be an active judge of the U.S. Court of Appeals for the District of Columbia, to serve on the Special Division. Requires the Special Division to appoint a special advocate to serve as the prosecuting attorney in criminal contempt cases after the Attorney General declines to present such cases to a grand jury. Grants full power and independent authority to the special advocate to exercise all prosecutorial functions and powers.
Sets forth provisions for the removal of the special advocate and the termination of the special advocate's authority.
Makes this Act effective on January 20, 2009. | To provide an alternate procedure for the prosecution of certain criminal contempts referred for prosecution by the House of Representatives, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Ocean Protection Act of
1995''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the coast of California possesses unique historical,
ecological, educational, recreational, economic, and research
values that are appropriate for protection under Federal law;
(2) the threat to the coast of California, a national
treasure, continues to intensify as a result of fossil fuel
exploration and development, mineral extraction, and the
burning and dumping of toxic and hazardous wastes;
(3) the activities described in paragraph (2) could result
in irreparable damage to the coast of California; and
(4) the establishment of an ocean protection zone off the
coast of California would enhance recreational and commercial
fisheries, and the use of renewable resources within the zone.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Development.--The term ``development'' has the meaning
stated in section 2 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331).
(3) Exclusive economic zone.--The term ``Exclusive Economic
Zone'' means the Exclusive Economic Zone of the United States,
as defined by Presidential Proclamation 5030 of March 10, 1983.
(4) Exploration.--The term ``exploration'' has the meaning
stated in section 2 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331).
(5) Harmful ocean dumping.--The term ``harmful ocean
dumping''--
(A) shall have the meaning provided by the
Administrator, in consultation with the heads of other
Federal agencies whom the Administrator determines to
be appropriate; but
(B) shall not include--
(i) a de minimus disposal of vessel waste;
(ii) the disposal of dredged material
that--
(I) would meet the requirements for
disposal under the criteria established
under section 103 of the Marine
Protection, Research, and Sanctuaries
Act of 1972 (33 U.S.C. 1413), including
regulations promulgated under that
section; or
(II) is disposed of pursuant to a
permit issued pursuant to that section;
(iii) a discharge that is authorized under
a National Pollutant Discharge Elimination
System (NPDES) permit issued under section 402
of the Federal Water Pollution Control Act (33
U.S.C. 1342); or
(iv) a disposal that is carried out by an
appropriate Federal agency under title I of the
Marine Protection, Research, and Sanctuaries
Act of 1972 (33 U.S.C. 1411 et seq.).
(6) Minerals.--The term ``minerals'' has the meaning stated
in section 2 of the Outer Continental Shelf Lands Act (43
U.S.C. 1331).
(7) Outer continental shelf.--The term ``outer Continental
Shelf'' has the meaning stated in section 2 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331).
(8) Person.--The term ``person'' has the meaning stated in
section 2 of the Outer Continental Shelf Lands Act (43 U.S.C.
1331).
(9) Production.--The term ``production'' has the meaning
stated in section 2 of such Act (43 U.S.C. 1331).
(10) Territorial sea .--The term ``territorial sea'' means
the belt of sea measured from the baseline of the United
States, determined in accordance with international law, as set
forth in Presidential Proclamation 5928, dated December 27,
1988.
(11) Zone.--The term ``Zone'' means the California Ocean
Protection Zone established under section 4.
SEC. 4. DESIGNATION OF CALIFORNIA OCEAN PROTECTION ZONE.
There is established a California Ocean Protection Zone, consisting
of--
(1) waters of the Exclusive Economic Zone that are
contiguous to the waters of the territorial sea that are
contiguous to the State of California;
(2) waters of the territorial sea that are contiguous to
the State of California; and
(3) the portion of the outer Continental Shelf underlying
those waters.
SEC. 5. RESTRICTIONS.
(a) Mineral Exploration, Development, and Production.--
(1) Definition.--In this subsection, the term ``lease'' has
the meaning stated in section 2 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331).
(2) Issuance of leases, permits, and licenses.--
Notwithstanding any other law, the head of a Federal agency may
not issue a lease, permit, or license for the exploration for
or development or production of oil, gas, or other minerals in
or from the Zone.
(3) Exploration, development, and production.--
Notwithstanding any other law, a person may not engage in the
exploration for, or the development or production of, oil, gas,
or other minerals in or from the Zone after the date of the
cancellation, expiration, relinquishment, or termination of a
lease, permit, or license in effect on June ____, 1995, that
permits exploration, development, or production.
(b) Ocean Incineration and Dumping.--Notwithstanding any other law,
the head of a Federal agency may not issue a lease, permit, or license
for--
(1) ocean incineration or harmful ocean dumping within the
Zone; or
(2) any onshore facility that facilitates ocean
incineration or harmful ocean dumping within the Zone.
SEC. 6. FISHING.
This Act is not intended to regulate, restrict, or prohibit
commercial or recreational fishing, or other harvesting of ocean life
in the Zone. | California Ocean Protection Act of 1995 - Establishes a California Ocean Protection Zone consisting of: (1) waters of the Exclusive Economic Zone that are contiguous to the waters of the territorial sea that are contiguous to the State of California; (2) waters of the territorial sea that are contiguous to the State of California; and (3) the portion of the outer Continental Shelf underlying those waters.
Prohibits: (1) the head of a Federal agency from issuing a lease, permit, or license for the exploration for or development or production of oil, gas, or other minerals in or from the Zone; (2) a person from engaging in the exploration for, or development or production of, minerals in or from the Zone after the date of the cancellation, expiration, transfer, relinquishment, or termination of a lease, permit, or license for such activities in effect in June 1995; and (3) an agency head from issuing a lease, permit, or license for ocean incineration or harmful ocean dumping within the Zone or for any onshore facility that facilitates ocean incineration or harmful ocean dumping within the Zone.
Declares that this Act is not intended to regulate, restrict, or prohibit commercial or recreational fishing, or other harvesting of ocean life in the zone. | California Ocean Protection Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pinnacles National Park Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Pinnacles National Monument was established by
Presidential Proclamation 796 on January 16, 1908, for the
purposes of protecting its rock formations, and expanded by
Presidential Proclamation 1660 of May 7, 1923; Presidential
Proclamation 1704 of July 2, 1924; Presidential Proclamation
1948 of April 13, 1931; Presidential Proclamation 2050 of July
11, 1933; Presidential Proclamation 2528 of December 5, 1941;
Public Law 94-567; and Presidential Proclamation 7266 of
January 11, 2000.
(2) While the extraordinary geology of Pinnacles National
Monument has attracted and enthralled visitors for well over a
century, the expanded Monument now serves a critical role in
protecting other important natural and cultural resources and
ecological processes. This expanded role merits recognition
through legislation.
(3) Pinnacles National Monument provides the best remaining
refuge for floral and fauna species representative of the
central California coast and Pacific coast range, including 32
species holding special Federal or State status, not only
because of its multiple ecological niches but also because of
its long-term protected status with 14,500 acres of
Congressionally designated wilderness.
(4) Pinnacles National Monument encompasses a unique blend
of California heritage from prehistoric and historic Native
Americans to the arrival of the Spanish, followed by 18th and
19th century settlers, including miners, cowboys, vaqueros,
ranchers, farmers, and homesteaders.
(5) Pinnacles National Monument is the only National Park
System site within the ancestral home range of the California
Condor. The reintroduction of the condor to its traditional
range in California is important to the survival of the
species, and as a result, the scientific community with centers
at the Los Angeles Zoo and San Diego Zoo in California and
Buenos Aires Zoo in and Argentina looks to Pinnacles National
Monument as a leader in California Condor recovery, and as an
international partner for condor recovery in South America.
(6) The preservation, enhancement, economic and tourism
potential and management of the central California coast and
Pacific coast range's important natural and cultural resources
requires cooperation and partnerships among local property
owners, Federal, State, and local government entities and the
private sector.
SEC. 3. ESTABLISHMENT OF PINNACLES NATIONAL PARK.
(a) Establishment and Purpose.--There is hereby established
Pinnacles National Park in the State of California for the purposes
of--
(1) preserving and interpreting for the benefit of future
generations the chaparral, grasslands, blue oak woodlands, and
majestic valley oak savanna ecosystems of the area, the area's
geomorphology, riparian watersheds, unique flora and fauna, and
the ancestral and cultural history of native Americans,
settlers and explorers; and
(2) interpreting the recovery program for the California
Condor and the international significance of the program.
(b) Boundaries.--The boundaries of Pinnacles National Park are as
generally depicted on the map entitled ``Pinnacles National Park
Proposed Designation Change'', numbered 114/80,100, and dated April
2008. The map shall be on file and available for public inspection in
the appropriate offices of the National Park Service.
(c) Abolishment of Current Pinnacles National Monument.--
(1) In general.--In light of the establishment of Pinnacles
National Park, Pinnacles National Monument is hereby abolished
and the lands and interests therein are incorporated within and
made part of Pinnacles National Park. Any funds available for
purposes of the monument shall be available for purposes of the
park.
(2) References.--Any references in law (other than in this
Act), regulation, document, record, map or other paper of the
United States to Pinnacles National Monument shall be
considered a reference to Pinnacles National Park.
(d) Administration.--The Secretary of the Interior shall administer
Pinnacles National Park in accordance with this Act and laws generally
applicable to units of the National Park System, including the National
Park Service Organic Act (16 U.S.C. 1, 2-4).
(e) Land Acquisition.--The Secretary of the Interior may acquire
land or interests in land within the boundaries of Pinnacles National
Park by purchase from a willing seller with donated or appropriated
funds, donation, or exchange.
SEC. 4. REDESIGNATION OF PINNACLES WILDERNESS AS HAIN WILDERNESS AND
EXPANSION OF WILDERNESS.
(a) Redesignation.--Subsection (i) of the first section of Public
Law 94-567 (90 Stat. 2693; 16 U.S.C. 1132 note) is amended by striking
``Pinnacles Wilderness'' and inserting ``Hain Wilderness''. Any
reference in a law, map, regulation, document, paper, or other record
of the United States to the Pinnacles Wilderness shall be deemed to be
a reference to the Hain Wilderness.
(b) Expansion.--Certain lands comprising approximately 2,905 acres,
as generally depicted on a map entitled ``Proposed Wilderness Additions
to the Proposed Pinnacles National Park'' and dated April 16, 2008, are
hereby designated as wilderness and, therefore, as a component of the
National Wilderness Preservation System and are hereby incorporated in
and shall be deemed to be a part of the Hain Wilderness, as
redesignated by subsection (a).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act. | Pinnacles National Park Act - Establishes Pinnacles National Park in California to: (1) preserve and interpret for the benefit of future generations the chaparral, grasslands, blue oak woodlands, and majestic valley oak savanna ecosystems of the park's area, the areas's geomorphology, riparian watersheds, unique flora and fauna, and the ancestral and cultural history of native Americans, settlers and explorers; and (2) interpret the recovery program for the California Condor and the international significance of that program.
Abolishes Pinnacles National Monument and includes the lands and interests therein in Pinnacles National Park.
Redesignates the Pinnacles Wilderness as the Hain Wilderness.
Designates specified lands comprising approximately 2,905 acres as wilderness and as a component of the National Wilderness Preservation System. Deems such lands as being part of the Hain Wilderness. | A bill to establish Pinnacles National Park in the State of California as a unit of the National Park System, and for other purposes. |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Commission on the Year 2000
Computer Problem Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(a) The Congress of the United States recognizes the
existence of a severe computer problem that may have extreme
negative economic and national security consequences in the
year 2000 and beyond.
(b) Most computer programs (particularly in mainframes) in
both the public and private sector express dates with only two
digits and assume the first two digits are ``19'', and that
therefore most programs read 00-01-01 as January 1, 1900; and
that these programs will not recognize the year 2000 or the
21st century without a massive rewriting of codes.
(c) The Congressional Research Service (CRS) has completed
a report on the implications of the ``Year 2000 Computer
Problem'' and according to CRS, each line of computer code will
need to be analyzed and either passed on or be rewritten and
this worldwide problem could cost as much as $600 billion to
repair. We recognize that no small share of the American burden
will fall on the shoulders of the Federal Government and on
State and local governments.
(d) Six issues need to be addressed:
(1) An analysis of the history and background
concerning the reasons for the occurance of the Year
2000 problem.
(2) The cost of reviewing and rewriting codes for
both the Federal and State Governments over the next
three years, including a legal analysis of
responsibilities for such costs and possible equitable
bases for sharing them.
(3) The time it will take to get the job done and,
if not by 2000, what agencies are at risk of not being
able to perform basic services.
(4) The development of balanced and sound contracts
with the computer industry available for use by Federal
agencies, and if such outside contractual assistance is
needed, to assist such agencies in contracting for and
effectuating Year 2000 compliance for current computer
programs and systems as well to ensure Year 2000
compliance for all programs and systems acquired in the
future.
(5) An analysis of what happens to the United
States economy if the problem is not resolved by mid-
1999.
(6) Recommendations to the President and the
Congress concerning lessons to be learned and policies
and actions to be taken in the future to minimize the
Year 2000 public and private sector costs and risks.
(e) The Congress recognizes that an Executive Branch
Interagency Committee has been established to raise awareness
of this problem and facilitate efforts at solving it; but that
in order to best minimize the impact and cost of this problem,
and recognizing the extreme urgency of this problem, this
bipartisan commission will be established to both address these
issues and take responsibility for assuring that all Federal
agencies be computer compliant by January 1, 1999.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) There is established a commission to be known as the ``National
Commission on the Year 2000 Computer Problem'' (hereinafter in this
section referred to as the ``Commission''). The Commission shall be
composed of fifteen members appointed or designated by the President
and selected as follows:
(1) Five members selected by the President from among
officers or employees of the Executive Branch, private citizens
of the United States, or both. Not more than three of the
members selected by the President shall be members of the same
political party.
(2) Five members selected by the President Pro Tempore of
the Senate, in consultation with the majority and minority
leaders, from among officers or employers of the Senate,
private citizens of the United States, or both. Not more than
three of the members selected by the President Pro Tempore
shall be members of the same political party.
(3) Five members selected by the Speaker of the House of
Representatives, in consultation with the majority and minority
leaders, from among Members of the House, private citizens of
the United States, or both. Not more than three of the members
selected by the Speaker shall be members of the same political
party.
(b) The President shall designate a Chairman from among the members
of the Commission.
SEC. 4. FUNCTION OF COMMISSION.
(a) It shall be the function of the Commission to conduct a study
on the historical, current and long term condition of computer programs
as they relate to date fields and the year 2000; identify problems that
threaten the proper functions of computers as the public and private
sectors approach the 21st Century; analyze potential solutions to such
problems that will address the brief time there remains to meet this
problem, the substantial cost of reviewing and rewriting codes, and the
shared responsibilities for such costs; and provide appropriate
recommendations (including potential balanced and sound contracts with
the computer industry available for use by Federal agencies) to the
Secretary of the Defense (as this is a matter of National Security),
the President and the Congress.
(B) The Commission shall submit to Congress a final report
containing such recommendations concerning the Year 2000 Computer
problem; including proposing new procedures, rules, regulations, or
legislation that is needed to ensure the proper transition of the
computers of the Federal Government and local and State governments
from the year 1999 to the year 2000.
(C) The Commission shall make its report to the President by
December 31, 1997.
SEC. 5. ADMINISTRATION.
(a) The heads of Executive Agencies shall, to the extent permitted
by law, provide the Commission such information as it may require for
the purpose of carrying out its functions.
(b) Members of the Commission shall serve without any additional
compensation for their work on the Commission.
(c) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses including per diem
in lieu of substance, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
(d) The Commission shall have a staff headed by an Executive
Director. Any expenses of the Commission shall be paid from such funds
as may be available to the Secretary of Defense.
SEC. 6. TERMINATION.
(a) The Commission, and all the authorities of this title, shall
terminate thirty days after submitting its report. | Commission on the Year 2000 Computer Problem Act - Establishes the National Commission on the Year 2000 Computer Problem to identify problems and recommend possible solutions with respect to the proper transition of private and public sector computers from the year 1999 to the year 2000. | Commission on the Year 2000 Computer Problem Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Trade With Cuba Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) with the end of the Cold War and the collapse of the
Soviet Union, Cuba is no longer a threat to the United States
or the Western Hemisphere;
(2) the continuation of the embargo on trade between the
United States and Cuba that was declared in February of 1962 is
counterproductive, adding to the hardships of the Cuban people
while making the United States the scapegoat for the failures
of the communist system;
(3) in the former Soviet Union, the Eastern bloc countries,
China, and Vietnam, the United States is using economic,
cultural, academic, and scientific engagement to support its
policy of promoting democratic and human rights reforms; and
(4) the United States can best support democratic change in
Cuba by promoting trade and commerce, travel, communications,
and cultural, academic, and scientific exchanges.
SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS
WITH CUBA.
(a) Authority for Embargo and Sugar Quota.--Section 620(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed.
(b) Trading With the Enemy Act.--The authorities conferred upon the
President by section 5(b) of the Trading With the Enemy Act, which were
being exercised with respect to Cuba on July 1, 1977, as a result of a
national emergency declared by the President before that date, and are
being exercised on the day before the effective date of this Act, may
not be exercised on or after such effective date with respect to Cuba.
Any regulations in effect on the day before such effective date
pursuant to the exercise of such authorities, shall cease to be
effective on such date.
(c) Exercise of Authorities Under Other Provisions of Law.--
(1) Removal of prohibitions.--Any prohibition on exports to
Cuba that is in effect on the day before the effective date of
this Act under the Export Administration Act of 1979 shall
cease to be effective on such effective date.
(2) Authority for new restrictions.--The President may, on
and after the effective date of this Act--
(A) impose export controls with respect to Cuba
under section 5, 6(j), 6(l), or 6(m) of the Export
Administration Act of 1979, and
(B) exercise the authorities he has under the
International Emergency Economic Powers Act with
respect to Cuba pursuant to a declaration of national
emergency required by that Act that is made on account
of an unusual and extraordinary threat, that did not
exist before the enactment of this Act, to the national
security, foreign policy, or economy of the United
States.
(d) Cuban Democracy Act.--The Cuban Democracy Act (title XVII of
Public Law 102-484) is repealed.
(e) Termination of Denial of Foreign Tax Credit With Respect to
Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue
Code of 1986 (relating to denial of foreign tax credit, etc., with
respect to certain foreign countries) is amended by adding at the end
thereof the following new flush sentence:
``Notwithstanding the preceding sentence, this
subsection shall not apply to Cuba after the date which
is 60 days after the date of the enactment of this
sentence.''.
SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES.
Any common carrier within the meaning of section 3 of the
Communications Act of 1934 (47 U.S.C. 153) is authorized to install,
maintain, and repair telecommunications equipment and facilities in
Cuba, and otherwise provide telecommunications services between the
United States and Cuba. The authority of this section includes the
authority to upgrade facilities and equipment.
SEC. 5. TRAVEL.
(a) In General.--Travel to and from Cuba by individuals who are
citizens or residents of the United States, and any transactions
ordinarily incident to such travel, may not be regulated or prohibited
if such travel would be lawful in the United States.
(b) Transactions Incident to Travel.--Any transactions ordinarily
incident to travel which may not be regulated or prohibited under
subsection (a) include, but are not limited to--
(1) transactions ordinarily incident to travel or
maintenance in Cuba; and
(2) normal banking transactions involving foreign currency
drafts, traveler's checks, or other negotiable instruments
incident to such travel.
SEC. 6. DIRECT MAIL DELIVERY TO CUBA.
The United States Postal Service shall take such actions as are
necessary to provide direct mail service to and from Cuba, including,
in the absence of common carrier service between the 2 countries, the
use of charter providers.
SEC. 7. NEGOTIATIONS WITH CUBA.
(a) Negotiations.--The President should take all necessary steps to
conduct negotiations with the Government of Cuba--
(1) for the purpose of settling claims of nationals of the
United States against the Government of Cuba for the taking of
property by such government; and
(2) for the purpose of securing the protection of
internationally recognized human rights.
(b) Definitions.--As used in this section, the terms ``national of
the United States'' and ``property'' have the meanings given those
terms in section 502 of the International Claims Settlement Act of 1949
(22 U.S.C. 1643a).
SEC. 8. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act. | Free Trade With Cuba Act - Amends the Foreign Assistance Act of 1961 to repeal the embargo on trade with Cuba.
(Sec. 3) Prohibits the exercise by the President with respect to Cuba of certain authorities conferred by the Trading With the Enemy Act and exercised on July 1, 1977, as a result of a specified national emergency. Declares that any prohibition on exports to Cuba under the Export Administration Act of 1979 shall cease to be effective. Authorizes the President to impose export controls with respect to Cuba and exercise certain authorities under the International Emergency Economic Powers Act only on account of an unusual and extraordinary threat to U.S. national security that did not exist before enactment of this Act.
Repeals the Cuban Democracy Act.
Amends the Internal Revenue Code to terminate the denial of foreign tax credit with respect to Cuba.
(Sec. 4) Authorizes common carriers to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba.
(Sec. 5) Prohibits regulation or banning of travel to and from Cuba by U.S. citizens or residents, or of any transactions incident to travel.
(Sec. 6) Directs the U.S. Postal Service to provide direct mail service to and from Cuba.
(Sec. 7) Urges the President to take all necessary steps to conduct negotiations with the Government of Cuba to: (1) settle claims of U.S. nationals against Cuba for the taking of property; and (2) secure protection of internationally recognized human rights. | Free Trade With Cuba Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kendell Frederick Citizenship
Assistance Act''.
SEC. 2. WAIVER OF REQUIREMENT FOR FINGERPRINTS FOR MEMBERS OF THE ARMED
FORCES.
Notwithstanding any other provision of law or any regulation, the
Secretary of Homeland Security shall use the fingerprints provided by
an individual at the time the individual enlists in the Armed Forces to
satisfy any requirement for fingerprints as part of an application for
naturalization if the individual--
(1) may be naturalized pursuant to section 328 or 329 of
the Immigration and Nationality Act (8 U.S.C. 1439 or 1440);
(2) was fingerprinted in accordance with the requirements
of the Department of Defense at the time the individual
enlisted in the Armed Forces; and
(3) submits an application for naturalization not later
than 12 months after the date the individual enlisted in the
Armed Forces.
SEC. 3. PROVISION OF INFORMATION ON NATURALIZATION TO MEMBERS OF THE
ARMED FORCES.
(a) Citizenship Advocate.--The Secretary of Defense shall establish
the position of Citizenship Advocate at each Military Entry Processing
Station to provide information and assistance related to the
naturalization process to members of the Armed Forces. An individual
serving as a Citizenship Advocate may be a civilian.
(b) Written Materials.--The Secretary of Defense shall ensure that
written information describing the naturalization process for members
of the Armed Forces is provided to each individual who is not a citizen
of the United States at the time that the individual enlists in the
Armed Forces.
(c) Telephone Hot Line.--The Secretary of Homeland Security shall--
(1) establish a dedicated toll free telephone service
available only to members of the Armed Forces and the families
of such members to provide information related to
naturalization pursuant to section 328 or 329 of the
Immigration and Nationality Act (8 U.S.C. 1439 or 1440),
including the status of an application for such naturalization;
(2) ensure that the telephone service required by paragraph
(1) is operated by employees of the Department of Homeland
Security who--
(A) have received specialized training on the
naturalization process for members of the Armed Forces
and the families of such members; and
(B) are physically located in the same unit as the
military processing unit that adjudicates applications
for naturalization pursuant to such section 328 or 329;
and
(3) implement a quality control program to monitor, on a
regular basis, the accuracy and quality of information provided
by the employees who operate the telephone service required by
paragraph (1), including the breadth of the knowledge related
to the naturalization process of such employees.
SEC. 4. PROVISION OF INFORMATION ON NATURALIZATION TO THE PUBLIC.
Not later than 30 days after the date that a modification to any
law or regulation related to the naturalization process becomes
effective, the Secretary of Homeland Security shall update the
appropriate application form for naturalization, the instructions and
guidebook for obtaining naturalization, and the Internet website
maintained by the Secretary of Homeland Security to reflect such
modification.
SEC. 5. REPORTS.
(a) Adjudication Process.--Not later than 120 days after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate congressional committees a
report on the entire process for the adjudication of an application for
naturalization filed pursuant to section 328 or 329 of the Immigration
and Nationality Act (8 U.S.C. 1439 or 1440), including the process that
begins at the time the application is mailed to, or received by, the
Secretary of Homeland Security, regardless of whether the Secretary
determines that such application is complete, through the final
disposition of such application. Such report shall include a
description of--
(1) the methods of the Secretary of Homeland Security and
the Secretary of Defense to prepare, handle, and adjudicate
such applications;
(2) the effectiveness of the chain of authority,
supervision, and training of employees of the Government or of
other entities, including contract employees, who have any role
in such process or adjudication; and
(3) the ability of the Secretary of Homeland Security and
the Secretary of Defense to use technology to facilitate or
accomplish any aspect of such process or adjudication.
(b) Implementation.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the implementation of this Act by the
Secretary of Homeland Security and the Secretary of Defense,
including studying any technology that may be used to improve
the efficiency of the naturalization process for members of the
Armed Forces.
(2) Report.--Not later than 180 days after the date that
the Comptroller General submits the report required by
subsection (a), the Comptroller General shall submit to the
appropriate congressional committees a report on the study
required by paragraph (1). The report shall include any
recommendations of the Comptroller General for improving the
implementation of this Act by the Secretary of Homeland
Security or the Secretary of Defense.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
the Judiciary of the Senate; and
(2) the Committee on Armed Services and the Committee on
the Judiciary of the House of Representatives. | Kendell Frederick Citizenship Assistance Act - Directs the Secretary of Homeland Security to use the fingerprints provided by an individual at the time of military enlistment to satisfy any fingerprint requirements as part of an application for naturalization if the individual: (1) may be naturalized under provisions of the Immigration and Nationality Act; (2) was fingerprinted in accordance with requirements of the Department of Defense (DOD) at the time of enlistment; and (3) submits an application for naturalization within 12 months after the date of enlistment.
Requires the Secretary of Defense to establish the position of Citizenship Advocate at each military entry processing station to provide information and assistance to members of the Armed Forces on the naturalization process.
Requires the Secretary of Homeland Security to: (1) establish a toll-free naturalization assistance telephone number available only to members and their families; and (2) after any modification of naturalization laws, update the appropriate application form, instructions and guidebook, and Internet website to reflect such modification.
Directs the Comptroller General to: (1) report to the congressional defense and judiciary committees on the entire process for adjudication of an application for naturalization; and (2) conduct a study on the implementation of this Act by the Secretaries of Homeland Security and Defense. | A bill to assist members of the Armed Forces in obtaining United States citizenship, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Suicide Hotline Improvement
Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Commission'' means the Federal
Communications Commission;
(2) the term ``covered dialing code'' means a simple, easy-
to-remember, 3-digit dialing code; and
(3) the term ``N11 dialing code'' means an abbreviated
dialing code consisting of 3 digits, of which--
(A) the first digit may be any digit other than
``1'' or ``0''; and
(B) each of the last 2 digits is ``1''.
SEC. 3. STUDIES AND REPORTS.
(a) Primary Study.--
(1) In general.--The Commission, in coordination with the
Assistant Secretary for Mental Health and Substance Use and the
Secretary of Veterans Affairs, shall conduct a study that--
(A) examines the feasibility of designating an N11
dialing code or other covered dialing code to be used
for a national suicide prevention and mental health
crisis hotline system; and
(B) analyzes the effectiveness of the National
Suicide Prevention Lifeline as of the date on which the
study is initiated, including how well the lifeline is
working to address the needs of veterans.
(2) Requirements.--
(A) Commission.--In conducting the study under
paragraph (1), the Commission shall--
(i) consider--
(I) each of the N11 dialing codes,
including the codes that are used for
other purposes; and
(II) other covered dialing codes;
(ii) consult with the North American
Numbering Council; and
(iii) review the information provided by
the Assistant Secretary for Mental Health and
Substance Use and the Secretary of Veterans
Affairs under subparagraphs (B) and (C),
respectively, of this paragraph.
(B) SAMHSA study and report to assist commission.--
To assist the Commission in conducting the study under
paragraph (1), the Assistant Secretary for Mental
Health and Substance Use shall analyze and, not later
than 180 days after the date of enactment of this Act,
report to the Commission on--
(i) the potential impact of the designation
of an N11 dialing code, or other covered
dialing code, for a suicide prevention and
mental health crisis hotline system on--
(I) suicide prevention;
(II) crisis services; and
(III) other suicide prevention and
mental health crisis hotlines,
including--
(aa) the National Suicide
Prevention Lifeline; and
(bb) the Veterans Crisis
Line; and
(ii) possible recommendations for improving
the National Suicide Prevention Lifeline
generally, which may include--
(I) increased public education and
awareness; and
(II) improved infrastructure and
operations.
(C) VA study and report to assist commission.--To
assist the Commission in conducting the study under
paragraph (1), the Secretary of Veterans Affairs shall
study and, not later than 180 days after the date of
enactment of this Act, report to the Commission on how
well the National Suicide Prevention Lifeline and the
Veterans Crisis Line, as in effect on the date on which
the study is initiated, is working to address the needs
of veterans.
(b) Primary Commission Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission, in coordination with the
Assistant Secretary for Mental Health and Substance Use and the
Secretary of Veterans Affairs, shall submit a report on the
study conducted under subsection (a) that recommends whether a
particular N11 dialing code or other covered dialing code
should be used for a national suicide prevention and mental
health crisis hotline system to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate; and
(C) the Committee on Energy and Commerce of the
House of Representatives.
(2) Additional contents.--If the report submitted by the
Commission under paragraph (1) recommends that a dialing code
should be used, the report shall also--
(A) outline the logistics of designating such a
dialing code;
(B) estimate the costs associated with designating
such a dialing code, including--
(i) the costs incurred by service
providers, including--
(I) translation changes in the
network; and
(II) cell site analysis and
reprogramming by wireless carriers; and
(ii) the costs incurred by States and
localities;
(C) provide recommendations for designating such a
dialing code;
(D) provide a cost-benefit analysis comparing the
recommended dialing code with the National Suicide
Prevention Lifeline, as in effect on the date on which
the report is submitted; and
(E) make other recommendations, as appropriate, for
improving the National Suicide Prevention Lifeline
generally, which may include--
(i) increased public education and
awareness; and
(ii) improved infrastructure and
operations.
Passed the Senate November 7, 2017.
Attest:
JULIE E. ADAMS,
Secretary. | National Suicide Hotline Improvement Act of 2017 (Sec. 3) This bill requires the Federal Communications Commission (FCC) to coordinate with the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Department of Veterans Affairs (VA) to examine: (1) the feasibility of designating a three-digit dialing code for a national suicide prevention and mental health crisis hotline system; and (2) the effectiveness of the National Suicide Prevention Lifeline (1-800-273-TALK), including how well it addresses the needs of veterans. SAMHSA must report to the FCC: (1) the potential impact of a designated dialing code on suicide prevention, crisis services, and other suicide prevention and mental health crisis hotlines; and (2) recommendations for improving the National Suicide Prevention Lifeline. The VA must report to the FCC about how well the National Suicide Prevention Lifeline and the Veterans Crisis Line are working to address the needs of veterans. The FCC must report to Congress whether it recommends a dialing code, a cost-benefit analysis comparing the three-digit code to the current lifeline number, and cost estimates for service providers, states, and localities. | National Suicide Hotline Improvement Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Natural Gas Security and
Consumer Protection Act''.
SEC. 2. AUTHORIZATION FOR THE EXPORTATION OF NATURAL GAS.
Section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a)) is
amended--
(1) in the first sentence, by striking ``(a) After six
months'' and inserting the following:
``(a) In General.--
``(1) Authorization for the importation of natural gas.--
``(A) Prohibition.--After 6 months'';
(2) in the second sentence, by striking ``The Commission''
and inserting the following:
``(B) Issuance of orders.--The Commission'';
(3) in the third sentence, by striking ``The Commission''
and inserting the following:
``(C) Modification.--The Commission'';
(4) in paragraph (1)(A) (as so designated), by striking
``export any natural gas from the United States to a foreign
country or'';
(5) in paragraph (1)(B) (as so designated), by striking
``exportation or''; and
(6) by adding at the end the following:
``(2) Authorization for the exportation of natural gas.--
``(A) Prohibition.--No person shall export any
natural gas from the United States to a foreign country
without first having secured an order of the Secretary
of Energy authorizing the exportation.
``(B) Issuance of orders.--On receiving an
application, the Secretary of Energy may issue an order
authorizing a person to export natural gas from the
United States to a foreign country if the Secretary of
Energy determines that the proposed exportation is
consistent with the public interest, in accordance with
the regulations promulgated pursuant to paragraph
(3)(B).
``(C) Modification.--The Secretary of Energy may by
order grant an application submitted under subparagraph
(B), in whole or in part, with such modifications and
on such terms and conditions as the Secretary of Energy
determines necessary.
``(D) Timing.--The Secretary of Energy shall not
issue an order under this paragraph prior to the date
on which the Secretary of Energy promulgates final
regulations pursuant to paragraph (3)(B).
``(3) Public interest determination for export
applications.--
``(A) NEPA review.--In accordance with section
102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)), the Secretary of Energy
shall issue a detailed statement on the environmental
impact of the issuance of an order under paragraph (2),
including a summary of an analysis conducted on the
impact of the extraction of exported natural gas on the
environment in communities where the natural gas is
extracted.
``(B) Regulations.--
``(i) Deadline.--Not later than 2 years
after the date of enactment of this paragraph
and after notice and public comment, the
Secretary of Energy shall promulgate final
regulations to establish the processes for
purposes of issuing an order under paragraph
(2) for determining whether a proposed
exportation of natural gas from the United
States to a foreign country is in the public
interest.
``(ii) Contents.--Regulations promulgated
pursuant to clause (i) shall require the
Secretary of Energy to determine, with respect
to each application for exportation of natural
gas from the United States to a foreign
country, whether the exportation is in the
public interest through--
``(I) use of the latest available
data on current and projected United
States natural gas demands, production,
and price;
``(II) consideration of the effects
of the natural gas exports on--
``(aa) household and
business energy expenditures by
electricity and natural gas
consumers in the United States;
``(bb) the economy, jobs,
and manufacturing of the United
States, including the effects
on wages, investment, and
energy-intensive and trade-
exposed industries, as
determined by the Secretary;
``(cc) the energy security
of the United States, including
the ability of the United
States to reduce the reliance
of the United States on
imported oil;
``(dd) the conservation of
domestic natural gas supplies
to meet the future energy needs
of the United States;
``(ee) the potential for
natural gas use in the
transportation, industrial, and
electricity sectors of the
United States;
``(ff) the ability of the
United States to reduce
greenhouse gas emissions;
``(gg) the national
security and foreign policy of
the United States;
``(hh) domestic natural gas
supply and availability,
including the effects on
pipelines and other
infrastructure;
``(ii) the balance of trade
in the United States; and
``(jj) other issues
determined relevant by the
Secretary; and
``(III) consideration of the
detailed statement issued under
subparagraph (A).
``(4) Exemptions.--
``(A) In general.--Paragraph (2) does not apply
with respect to any order authorizing the exportation
of natural gas if the natural gas that would be
exported as a result of the order is exported solely to
meet a requirement imposed pursuant to--
``(i) part B of title II of the Energy
Policy and Conservation Act (42 U.S.C. 6271 et
seq.);
``(ii) section 203 of the International
Emergency Economic Powers Act (50 U.S.C. 1702);
or
``(iii) section 5(b) of the Trading with
the Enemy Act (50 U.S.C. App. 5(b)).
``(B) Issuance of orders.--In the case of an order
described in subparagraph (A), the Secretary of Energy
may issue the order without modification or delay after
receiving an application.''.
SEC. 3. EFFECT.
Nothing in this Act or an amendment made by this Act affects the
authority in section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c))
regarding the importation or exportation of natural gas to a nation
with which there is in effect a free trade agreement. | American Natural Gas Security and Consumer Protection Act Amends the Natural Gas Act to prohibit exporting natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy (DOE) authorizing the exportation. Allows DOE to: (1) authorize such exportation after determining that it is consistent with the public interest, and (2) modify the export application as DOE determines necessary. Requires the Secretary to issue: (1) an environmental impact statement (EIS) under the National Environmental Policy Act of 1969 on such an order, and (2) a summary of an analysis on the impact of extraction of exported natural gas upon the environment in those communities where the natural gas is extracted. Directs DOE to promulgate final regulations to establish the processes for determining whether a proposed exportation of natural gas from the United States to a foreign country is in the public interest. Exempts any export authorization order from the EIS and public interest requirements if the natural gas would be exported solely to meet certain requirements of: (1) the Energy Policy and Conservation Act, (2) the International Emergency Economic Powers Act, or (3) the Trading with the Enemy Act. Authorizes DOE, furthermore, to issue such orders without modification or delay after receiving an application. States that this Act does not affect certain authority under the Natural Gas Act regarding the importation or exportation of natural gas to a nation with which a free trade agreement is in effect. | American Natural Gas Security and Consumer Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Weather Research
Program Act of 2002''.
SEC. 2. PROGRAM FOCUS.
The focus of the United States Weather Research Program, an
interagency program established under section 108 of the National
Oceanic and Atmospheric Administration Authorization Act of 1992 (15
U.S.C. 313 note), shall be on--
(1) hurricanes, floods, and heavy precipitation, including
both snow and rain;
(2) building on existing investments, including those of
the National Weather Service modernization effort, to
dramatically accelerate improvement in weather forecasts;
(3) providing attention and resources in areas where
progress can be made quickly and where the impact will be
greatest;
(4) establishing goals that can be attained by leveraging
the resources of several agencies and through the collaborative
scientific efforts of the operational and research communities
in academia and government; and
(5) making research grants to universities and other
research institutions.
SEC. 3. PROGRAM RESEARCH PRIORITIES.
The research priorities of the United States Weather Research
Program shall be in the areas of--
(1) hurricanes, to improve--
(A) landfall location forecasts; and
(B) forecasts of hurricane strength;
(2) heavy precipitation, to improve forecasts of both
winter storms and rain storms through better prediction of
timing, location, and intensity;
(3) floods, to improve--
(A) flood forecasting by coupling precipitation
forecasts with hydrologic prediction; and
(B) forecasting and warning systems for inland
flooding related to tropical cyclones, by--
(i) improving the capability to accurately
forecast such flooding through research and
modeling;
(ii) developing, testing, and deploying a
new flood warning index that will give the
public and emergency management professionals
fuller, clear, and more accurate information
about the risks and dangers posed by expected
tropical cyclone-related inland flooding;
(iii) training emergency management
officials, National Weather Service personnel,
meteorologists, and others as appropriate
regarding improved forecasting techniques for
such flooding, risk management techniques, and
use of the inland flood warning index developed
under clause (ii); and
(iv) conducting outreach and education
activities for local meteorologists and the
public regarding the dangers and risks
associated with tropical cyclone-related inland
flooding and the use and understanding of the
inland flood warning index developed under
clause (ii);
(4) two-to-fourteen day forecasting, to--
(A) improve short and medium range numerical
weather predictions and warnings of high-impact weather
events;
(B) conduct the Hemispheric Observing System
Research and Predictability Experiment (THORpex) to
fill observational gaps in the Northern Hemisphere; and
(C) test and evaluate advanced data assimilation
techniques in global models;
(5) societal and economic impacts, to--
(A) identify methods of delivering weather
information effectively and recommend ways to improve
weather communications;
(B) assess social and economic impacts of adverse
weather ranging from disastrous to routine;
(C) evaluate what weather information is most
useful to public and private decision makers; and
(D) perform research on societal and economic
impact to ensure a connection between weather research
and improvement of the human condition; and
(6) testing research concepts at United States Weather
Research Program-sponsored test bed centers in an environment
identical to those used by operational meteorologists, to
enable technology transfer to those operational meteorologists.
SEC. 4. INTERAGENCY PLANNING AND PROCESS.
The National Oceanic and Atmospheric Administration, as the lead
agency of the United States Weather Research Program, shall coordinate
and consult with the National Science Foundation, the National
Aeronautics and Space Administration, other appropriate Federal
agencies, and other appropriate entities to develop, and annually
update, a five-year plan--
(1) describing how Federal agencies can best team with
universities and other research institutions;
(2) identifying social, economic, and military needs and
requirements for weather information, as well as defining the
research required to meet these needs;
(3) outlining methods for dissemination of weather
information to user communities; and
(4) describing best practices for transferring United
States Weather Research Program research results to forecasting
operations.
SEC. 5. REPORTING REQUIREMENTS.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the Administrator of the National Oceanic
and Atmospheric Administration shall transmit to the Committee on
Science of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report which shall
include--
(1) the most recent five-year plan developed or updated
under section 4, including the roles and funding to be provided
by various Federal agencies in achieving the objectives of the
plan;
(2) a justification of any changes to the plan since the
last transmittal under this section;
(3) a detailed assessment of the extent to which the
objectives of the plan have been achieved; and
(4) a description of the research activities carried out
under section 3(3)(B), along with an analysis of the success
and acceptance of the inland flood warning index developed
under section 3(3)(B)(ii) by the public and emergency
management professionals.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Office of Atmospheric Research of the National Oceanic and Atmospheric
Administration for carrying out this Act--
(1) for fiscal year 2003, $15,000,000, of which $1,150,000
shall be for the purposes described in section 3(3)(B);
(2) for fiscal year 2004, $15,525,000, of which $1,200,000
shall be for the purposes described in section 3(3)(B); and
(3) for fiscal year 2005, $16,100,000, of which $1,250,000
shall be for the purposes described in section 3(3)(B).
(b) Forecasting Model Grants.--Of the amounts authorized under
subsection (a) for the purposes described in section 3(3)(B)--
(1) $250,000 for fiscal year 2003;
(2) $260,000 for fiscal year 2004; and
(3) $270,000 for fiscal year 2005,
shall be made available for competitive, merit-reviewed grants to
institutions of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)) to develop models that
can improve the ability to forecast coastal and estuary-inland flooding
that is influenced by tropical cyclones. The models should incorporate
the interaction of such factors as storm surges, soil saturation, and
other relevant phenomena. | United States Weather Research Program Act of 2002 - States that the United States Weather Research Program's priorities shall be in the areas of: (1) hurricanes, to improve landfall location and hurricane strength forecasts; (2) heavy precipitation, to improve winter and rain storm forecasts; (3) floods, to improve flood forecasting and forecasting and warning systems for inland flooding related to tropical cyclones; (4) two-to-fourteen day forecasting, to improve weather predictions and warnings of high-impact weather events, to conduct the Hemispheric Observing System Research and Predictability Experiment (THORpex) to fill observational gaps in the Northern Hemisphere, and to test and evaluate advanced data assimilation techniques in global models; (5) societal and economic impacts, to identify methods of delivering weather information effectively, to recommend ways to improve weather communications, to assess impacts of adverse weather, to evaluate what weather information is most useful, and to perform research on such impacts; and (6) testing research concepts at Program-sponsored test bed centers, to enable technology transfer to operational meteorologists.Directs the National Oceanic and Atmospheric Administration (NOAA) to develop and annually update, and NOAA's Administrator to report to Congress on, a five-year plan: (1) describing how Federal agencies can best team with universities and other research institutions; (2) identifying social, economic, and military needs and requirements for weather information; (3) outlining methods for disseminating information to user communities; and (4) describing best practices for transferring Program research results to forecasting operations. | To authorize appropriations for the United States Weather Research Program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Child Abuse Act
Reauthorization Act of 2013''.
SEC. 2. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES.
(a) Reauthorization.--Section 214B of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13004) is amended--
(1) in subsection (a), by striking ``$15,000,000 for each
of fiscal years 2004 and 2005'' and inserting ``$17,500,000 for
each of fiscal years 2014, 2015, 2016, 2017, and 2018''; and
(2) in subsection (b), by striking ``fiscal years 2004 and
2005'' and inserting ``fiscal years 2014, 2015, 2016, 2017, and
2018''.
(b) Accountability.--Subtitle A of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13001 et seq.) is amended by adding at the end the
following:
``SEC. 214C. ACCOUNTABILITY.
``All grants awarded by the Administrator under this subtitle shall
be subject to the following accountability provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General of the Department
of Justice that the audited grantee has utilized grant
funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within
12 months from the date when the final audit report is
issued and any appeal has been completed.
``(B) Audit.--The Inspector General of the
Department of Justice shall conduct audits of
recipients of grants under this subtitle to prevent
waste, fraud, and abuse of funds by grantees. The
Inspector General shall determine the appropriate
number of grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant
funds under this subtitle that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this subtitle during the
following 2 fiscal years.
``(D) Priority.--In awarding grants under this
subtitle, the Administrator shall give priority to
eligible entities that did not have an unresolved audit
finding during the 3 fiscal years prior to submitting
an application for a grant under this subtitle.
``(E) Reimbursement.--If an entity is awarded grant
funds under this subtitle during the 2-fiscal-year
period in which the entity is barred from receiving
grants under paragraph (2), the Administrator shall--
``(i) deposit an amount equal to the grant
funds that were improperly awarded to the
grantee into the General Fund of the Treasury;
and
``(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
``(2) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph,
the term `nonprofit organization' means an organization
that is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and is exempt from taxation under
section 501(a) of such Code.
``(B) Prohibition.--The Administrator may not award
a grant under any grant program described in this
subtitle to a nonprofit organization that holds money
in offshore accounts for the purpose of avoiding paying
the tax described in section 511(a) of the Internal
Revenue Code of 1986.
``(C) Disclosure.--Each nonprofit organization that
is awarded a grant under this subtitle and uses the
procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the
compensation of its officers, directors, trustees and
key employees, shall disclose to the Administrator, in
the application for the grant, the process for
determining such compensation, including the
independent persons involved in reviewing and approving
such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Administrator shall make
the information disclosed under this subparagraph
available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts authorized to be
appropriated to the Department of Justice under this
subtitle may be used by the Administrator, or by any
individual or organization awarded discretionary funds
through a cooperative agreement under this Act, to host
or support any expenditure for conferences that uses
more than $20,000 in Department funds, unless the
Deputy Attorney General or such Assistant Attorney
Generals, Directors, or principal deputies as the
Deputy Attorney General may designate, including the
Administrator, provides prior written authorization
through an award process or subsequent application that
the funds may be expended to host a conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food and beverages, audiovisual equipment,
honoraria for speakers, and any entertainment.
``(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on all
approved conference expenditures referenced in this
paragraph.''. | Victims of Child Abuse Act Reauthorization Act of 2013 - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for FY2014-FY2018 for: (1) the children's advocacy program; (2) grants from the Administrator of the Office of Juvenile Justice and Delinquency Prevention to develop and implement multidisciplinary child abuse investigation and prosecution programs; and (3) grants to national organizations to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in state or federal courts, for the purpose of improving the quality of criminal prosecution of such cases. Directs the Inspector General of the Department of Justice (DOJ) to conduct audits of grant recipients to prevent waste, fraud, and abuse of funds by grantees. Defines an "unresolved audit finding" as a finding in the final audit report of the Inspector General that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost and that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. Directs the Administrator to give priority for grants to eligible entities that did not have an unresolved audit finding during the three fiscal years prior to submitting an application for a grant. Disqualifies a grant recipient that is found to have an unresolved audit finding from receiving grant funds during the following two fiscal years. Directs the Administrator, if an entity is awarded grant funds during the two-fiscal-year period in which the entity is barred from receiving grants, to: (1) deposit an amount equal to the funds that were improperly awarded into the General Fund of the Treasury, and (2) seek to recoup the costs of the repayment to the fund from such entity. Prohibits the Administrator from awarding a grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax on unrelated business income. Requires each nonprofit organization awarded a grant that uses prescribed procedures to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees to disclose to the Administrator in the grant application the process for determining such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Prohibits amounts authorized to be appropriated to DOJ from being used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement, to host or support any expenditure for conferences that uses more than $20,000 in DOJ funds, without prior written authorization by the Deputy Attorney General or other specified officials. | Victims of Child Abuse Act Reauthorization Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thorium Energy Security Act of
2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States and foreign countries will continue
to demand increasing quantities of energy into the foreseeable
future in order to support economic growth;
(2) nuclear power provides energy without generating
significant quantities of greenhouse gases;
(3) the growth of nuclear power in the United States and
many foreign countries has faced barriers from concerns related
to--
(A) the proliferation of weapons-useable material;
and
(B) the proper disposal of spent nuclear fuel;
(4) nuclear power plants operating on an advanced thorium
fuel cycle to generate nuclear energy--
(A) would not produce weapons-useable material in
spent fuel; and
(B) would produce less long-term waste as compared
to other nuclear power plants;
(5) thorium fuel cycle technology was originally developed
and proven in the United States;
(6) the United States possesses significant domestic
quantities of thorium in accessible high-grade deposits;
(7) cutting-edge research relating to thorium fuel cycle
technology continues to be carried out by entities in the
United States; and
(8) it is in the national security and foreign policy
interest of the United States that foreign countries seeking to
establish or expand generation and use of nuclear power should
be provided--
(A) access to advanced thorium fuel cycle
technology;
(B) incentives to explore the thorium-based fuel
cycle as a means to reduce the risk of nuclear
proliferation; and
(C) access to a secure domestic supply of thorium.
SEC. 3. THORIUM FUEL CYCLE NUCLEAR POWER GENERATION.
(a) In General.--Chapter 19 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2015 et seq.) is amended by inserting after section 244
the following:
``SEC. 251. THORIUM FUEL CYCLE NUCLEAR POWER GENERATION.
``(a) Definitions.--In this section:
``(1) Chairman.--The term `Chairman' means the Chairman of
the Commission.
``(2) Department.--The term `Department' means the
Department of Energy.
``(3) Office.--The term `Office' means an office
established under subsection (b)(1).
``(4) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Offices for Research and Regulation of Thorium Fuel Cycle
Nuclear Power Generation.--The Secretary, in consultation with the
Chairman, shall establish and provide funds to--
``(1) an office for the regulation of thorium fuel cycle
nuclear power generation within the Commission; and
``(2) an office of thorium-based fuel cycle research within
the Department.
``(c) Regulations.--
``(1) Fuel.--Not later than December 31, 2011, the
Chairman, in consultation with industry and nonindustry
experts, shall establish standards for the manufacture,
testing, use, and management of spent thorium-based nuclear
fuel.
``(2) Power generation.--Not later than December 31, 2012,
the Chairman, in cooperation with the Secretary, shall
promulgate regulations for facilities and materials used in
thorium-based fuel cycle power generation.
``(d) Demonstration Projects.--
``(1) In general.--The Secretary, in consultation with
industry experts, nonindustry experts, and National
Laboratories, shall carry out demonstration projects for
thorium-based nuclear power generation.
``(2) Administration.--In preparing for and selecting
demonstration projects, the Secretary shall consult with
reactor designers, utilities, engineering, and manufacturing
firms to--
``(A) determine the optimum use of thorium in
different reactor types;
``(B) prioritize thorium-based fuel cycle options
that take advantage of existing nuclear power
infrastructure and could be deployed in support of
light water reactors like reactors used in the United
States in the near term;
``(C) license the manufacture of thorium-based
fuels;
``(D) qualify and license thorium-based fuel for
use in commercial reactors; and
``(E) develop and maintain databases necessary for
United States industry and regulators to safely license
and use advanced fuels.
``(e) International Partnerships and Incentives.--Not later than
December 31, 2011, the Secretary shall submit to Congress a report
providing recommendations with respect to methods of--
``(1) strengthening international partnerships to advance
nuclear nonproliferation through the design and deployment of
thorium fuel cycle nuclear power generation; and
``(2) providing incentives to nuclear reactor operators to
use proliferation-resistant, low-waste thorium fuels in lieu of
other fuels.
``(f) Report.--Not later than 1 year after the date of enactment of
this section and annually thereafter, the Secretary, in consultation
with the Chairman, shall submit to Congress a report describing, with
respect to the preceding calendar year--
``(1) progress made in implementing this section; and
``(2) activities carried out by the Department and
Commission pursuant to this section.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $250,000,000
for the period of fiscal years 2011 through 2016.''.
(b) Technical Amendment.--Section 11 f. of the Atomic Energy Act of
1954 (42 U.S.C. 2014(f)) is amended by striking ``Atomic Energy
Commission'' and inserting ``Nuclear Regulatory Commission''. | Thorium Energy Security Act of 2010 - Amends the Atomic Energy Act of 1954 to direct the Secretary of Energy to establish, and provide funds to, an office for the regulation of thorium fuel cycle nuclear power generation within the Nuclear Regulatory Commission (NRC) and an office of thorium-based fuel cycle research within the Department of Energy.
Directs the NRC Chairman to: (1) establish standards for the manufacture, testing, use, and management of spent thorium-based nuclear fuel; and (2) promulgate regulations for facilities and materials used in thorium-based fuel cycle nuclear power generation.
Directs the Secretary to implement demonstration projects for thorium-based nuclear power generation.
Directs the Secretary to report to Congress recommendations for: (1) strengthening international partnerships to advance nuclear nonproliferation through the design and deployment of thorium fuel cycle nuclear power generation; and (2) providing incentives to nuclear reactor operators to use proliferation-resistant, low-waste thorium fuels in lieu of other fuels. | A bill to amend the Atomic Energy Act of 1954 to provide for thorium fuel cycle nuclear power generation. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Telecommunications
Act of 1997''.
SEC. 2. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY.
(a) Amendment.--Title I of the Communications Act of 1934 is
amended by inserting after section 11 (47 U.S.C. 161) the following new
section:
``SEC. 12. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY.
``(a) Findings.--The Congress finds that--
``(1) Indian and Alaskan Native people live in some of the
most geographically remote areas of the country, with 50
percent of Indian and Alaskan Native people living in Oklahoma,
California, South Dakota, Arizona, New Mexico, Alaska, and
Washington;
``(2) Indian poverty in reservation areas is 3.9 times the
national average rate;
``(3) the average phone penetration rates for rural Native
Americans is only 50 percent and actual penetration rates are
often much lower;
``(4) what phone service there is in Indian country is
often substandard and prohibitively expensive;
``(5) the Telecommunications Act of 1996 establishes a
Federal-State Joint Board which issued recommendations on how
to make quality telephone service affordable to all and to
define what is deemed to be `universal service';
``(6) the Telecommunications Act of 1996 requires the
Federal Communications Commission to implement the
recommendations from the Joint Board by May 8, 1997;
``(7) the benefits of Federal universal service policies
have often not reached Indian country;
``(8) the Federal Government and the States have not
historically adequately required telecommunications carriers to
provide telecommunications services on Indian lands; and
``(9) the United States recognizes the sovereignty of
Indian tribes in relation to the States through a government-
to-government relationship, as reflected in the Constitution,
treaties, Federal statutes, and the course of dealings of the
United States with Indian tribes.
``(b) Policy Required.--Within 120 days after the date of enactment
of this section, the Commission shall initiate a proceeding to develop
and establish an official policy regarding the relations between the
Commission and American Indians, including Alaskan Natives. In
establishing such policy, the Commission shall--
``(1) recognize--
``(A) the special needs of American Indians,
including Alaskan Natives, as determined under
subsection (a);
``(B) the sovereign authority of tribal
governments; and
``(C) the trust obligations of the United States;
``(2) promote the exercise of sovereign authority of tribal
governments over the establishment of communications policies
and regulations within their jurisdictions;
``(3) seek to promote Native Americans', including Alaskan
Natives', participation in the consumption and provision of
telecommunications services on Indian lands; and
``(4) not preclude the opportunity for improved
negotiations between tribes and the States.
``(c) Notice Obligations.--The policy established pursuant to
subsection (b) shall include procedures for giving Native Americans,
including Alaskan Natives, notice and the opportunity for meaningful
participation and comment in any proceedings affecting tribal lands,
including competitive bidding conducted under section 309(j) of bands
of frequencies in geographic coverage areas under the jurisdiction of
tribal governments.
``(d) Forbearance.--The Commission shall forbear from applying any
provision of this Act or any regulation thereunder to the extent that
such forbearance--
``(1) is necessary to ensure compliance with the trust
responsibility of the United States; and
``(2) is consistent with the public interest.
``(e) Triennial Review.--The Commission shall review and revise as
necessary the policies established pursuant to subsection (b) at least
once every 3 years after the establishment of such policies.''.
(b) Conforming Amendment.--Section 309(j)(3)(B) of such Act (47
U.S.C. 309(j)(3)(B)) is amended by inserting ``Indian tribes, Alaskan
Native villages,'' after ``including''.
SEC. 3. DESIGNATION OF ELIGIBLE TELECOMMUNICATIONS CARRIERS FOR THE
PROVISION OF UNIVERSAL SERVICE.
Section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e))
is amended by adding at the end the following new paragraph:
``(6) Service areas within indian lands.--With respect to
the designation of eligible telecommunications carriers for,
and of service areas within, any lands under the jurisdiction
of a tribal government (within the meaning of section 7871 of
the Internal Revenue Code of 1986 (26 U.S.C. 7871)), the
Commission shall exercise the authority of, and comply with the
requirements of this subsection on, State commissions. In
exercising such authority and complying with such requirements,
the Commission shall comply with the policies established
pursuant to section 12 of this Act.''.
SEC. 4. ATTAINMENT OF UNIVERSAL SERVICE PRINCIPLES IN INDIAN COUNTRY.
Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is
amended--
(1) in subsection (b)--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following
new paragraph:
``(7) Access by native americans.--Because States have not
historically exercised the authority to require
telecommunications carriers to deliver services on Indian
lands, and because of the trust responsibilities of the United
States, the responsibility to ensure the availability of
quality telecommunications services to Native Americans,
including Alaskan Natives, at just, reasonable, and affordable
rates is a Federal responsibility that should be assured by
means of the Federal universal service support mechanisms
established under this section, taking into account any support
mechanisms established by the States.''; and
(2) by adding at the end the following new subsection:
``(l) Maintenance of Native American Subscribership and
Affordability Data.--The Commission shall prescribe such regulations as
are necessary to obtain reliable statistics concerning the extent of
subscribership to, and the affordability of, telecommunications on
Indian lands. Such data shall be maintained by the Commission in a form
that is easily accessible to the public. The Commission shall
periodically review and summarize such data in its annual reports under
section 4(k), and shall, on the basis of such review, take such other
actions as are necessary to carry out the purposes of this section with
respect to the delivery of universal telecommunications services to
Native Americans, including Alaskan Natives, at just, reasonable, and
affordable rates.''.
SEC. 5. INFRASTRUCTURE DEVELOPMENT POLICY INITIATIVES.
Section 103 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 902) is amended by adding at
the end the following new subsection:
``(d) Native American Telecommunications Infrastructure Policy
Initiatives.--In carrying out the authority to serve as the President's
adviser under subsection (b)(2)(D), the Assistant Secretary and the
NTIA shall be responsible for designing and proposing policy
initiatives to encourage investment in, and the deployment of,
telecommunications systems on Indian lands.''. | Native American Telecommunications Act of 1997 - Amends the Communications Act of 1934 (the Act) to require the Federal Communications Commission (FCC) to initiate a proceeding to develop and establish an official policy regarding the relations between FCC and American Indians (including Alaskan Natives). Requires the policy to include procedures for giving Native Americans notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted for bands of frequencies in geographic coverage areas under the jurisdiction of tribal governments.
Requires a review and revision as necessary of such policies at least every three years.
Requires the FCC to exercise the authority of, and comply with the requirements of the Act on, State commissions with respect to the designation of eligible telecommunications carriers for, and of service areas within, any lands under the jurisdiction of a tribal government.
Declares it to be a Federal responsibility to assure the availability of quality telecommunications services to Native Americans by means of universal service support mechanisms.
Requires the FCC to: (1) prescribe regulations necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications on Indian lands; and (2) periodically review and summarize such data in its annual reports; and (3) take necessary actions to deliver universal telecommunications services to Native Americans at just, reasonable, and affordable rates.
Amends the National Telecommunications and Information Administration Organization Act to make the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands. | Native American Telecommunications Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EEOICPA Amendment Act of 2011''.
SEC. 2. ESTABLISHMENT OF THE ADVISORY BOARD ON TOXIC SUBSTANCES AND
WORKER HEALTH.
(a) Advisory Board on Toxic Substances and Worker Health.--Subtitle
E of the Energy Employees Occupational Illness Compensation Program Act
of 2000 (42 U.S.C. 7385 et seq.) is amended by adding at the end the
following new section:
``SEC. 3687. ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER HEALTH.
``(a) Establishment.--
``(1) In general.--Not later than 120 days after the date
of the enactment of this section, the President shall establish
and appoint an Advisory Board on Toxic Substances and Worker
Health (in this section referred to as the `Board').
``(2) Consultation on appointments.--The President shall
make appointments to the Board in consultation with
organizations with expertise on worker health issues in order
to ensure that the membership of the Board reflects a balance
of perspectives from the scientific, medical, legal, worker,
and worker advocate communities.
``(3) Chair.--The President shall designate a Chair for the
Board from among its members.
``(b) Duties.--The Board shall--
``(1) advise the Secretary, the Secretary of Energy, and
the Secretary of Health and Human Services concerning the
review and approval of the site exposure matrix used to
determine eligibility for compensation under this subtitle for
illnesses resulting from exposure to toxic substances;
``(2) periodically review and approve guidance provided to
claims examiners on weighing medical evidence under this
subtitle;
``(3) review reports by consulting physicians to ensure
quality, objectivity, and consistency; and
``(4) coordinate exchanges of data and findings with the
Advisory Board on Radiation and Worker Health to the extent
necessary.
``(c) Staff.--
``(1) In general.--The Secretary shall appoint a staff to
facilitate the work of the Board. The staff shall be headed by
a Director who shall be appointed under subchapter VIII of
chapter 33 of title 5, United States Code.
``(2) Federal agency personnel.--The Secretary may accept
as staff of the Board personnel on detail from other Federal
agencies as necessary to enable the Board to carry out its
duties under this section. The detail of personnel under this
paragraph may be on a nonreimbursable basis.
``(3) Contractors.--The Secretary shall employ outside
contractors and specialists selected by the Board to support
the work of the Board.
``(d) Expenses.--Members of the Board, other than full-time
employees of the United States, while attending meetings of the Board
or while otherwise serving at the request of the President, while
serving away from their homes or regular places of business, shall be
allowed travel and meal expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under subchapter
I of chapter 57 of title 5, United States Code.
``(e) Security Clearances.--
``(1) Application.--The Secretary of Energy shall ensure
that the members and staff of the Board, and the contractors
performing work in support of the Board, are afforded the
opportunity to apply for a security clearance for any matter
for which such a clearance is appropriate.
``(2) Determination.--The Secretary of Energy should, not
later than 180 days after receiving a completed application for
a security clearance under this subsection, make a
determination whether or not the individual concerned is
eligible for the clearance.
``(3) Report.--For fiscal year 2013 and each fiscal year
thereafter, the Secretary of Energy shall include in the budget
justification materials submitted to Congress in support of the
Department of Energy budget for that fiscal year (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) a report specifying the number of
applications for security clearances under this subsection, the
number of such applications granted, and the number of such
applications denied.
``(f) Information.--The Secretary of Energy shall, in accordance
with law, provide to the Board and the contractors of the Board access
to any information that the Board considers relevant to carry out its
responsibilities under this section, including information such as
Restricted Data (as defined in section 11(y) of the Atomic Energy Act
of 1954 (42 U.S.C. 2014(y))) and information covered by the Privacy
Act.''.
(b) Ombudsman Report.--Section 3686 of such Act (42 U.S.C. 7385s-
15) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Response to Report.--
``(1) Timing.--Not later than 90 days after the publication
of the annual report under subsection (e), the Secretary shall
submit to Congress a written response to the report.
``(2) Contents of response.--
``(A) Agreement.--If the Secretary agrees with a
finding of the Ombudsman in the report, the Secretary
shall include in the response proposed actions to
address any issues raised by the finding.
``(B) Disagreement.--If the Secretary disagrees
with a finding of the Ombudsman in the report, the
Secretary shall include in the response the reasons of
disagreement with the finding.
``(3) Publication.--The Secretary shall post the response
on the public Internet site of the Department of Labor.''. | EEOICPA Amendment Act of 2011 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to require the President to establish an Advisory Board on Toxic Substances and Worker Health.
Requires the Board to advise the Secretary of Labor, the Secretary of Energy (DOE), and the Secretary of Health and Human Services (HHS) on the review and approval of the site exposure matrix (SEM) used to determine the eligibility of DOE contractor employee claims for compensation for illnesses resulting from exposure to toxic substances. | To amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to establish the Advisory Board on Toxic Substances and Worker Health for the contractor employee compensation program under subtitle E of such Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Young Americans Financial Literacy
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) That 87 percent of Americans believe finance education
should be taught in schools and 92 percent of K-12 teachers
believe that financial education should be taught in school,
but only 12 percent of teachers actually teach the subject.
(2) According to a 2016 survey, 1 in 3 States require high
school students to take a personal finance course, and only 5
States require high school students to take a semester long
personal finance course.
(3) The percentage of Americans grading themselves with an
A or B in personal finance knowledge has declined from 60
percent in 2013 to 56 percent in 2016. In 2016, 75 percent of
Americans admitted they could benefit from additional advice
and answers to everyday financial questions from a
professional. Most adults feel that their financial literacy
skills are inadequate, yet they do not rely on anyone else to
handle their finances; they feel it is important to know more
but have received no financial education.
(4) It is necessary to respond immediately to the pressing
needs of individuals faced with the loss of their financial
stability; however increased attention must also be paid to
financial literacy education reform and long-term solutions to
prevent future personal financial disasters.
(5) Research-based financial literacy education programs
are needed to reach individuals at all ages and socioeconomic
levels, particularly those facing unique and challenging
financial situations, such as high school graduates entering
the workforce, soon-to-be and recent college graduates, young
families, and to address the unique needs of military personnel
and their families.
(6) High school and college students who are exposed to
cumulative financial education show an increase in financial
knowledge, which in turn drives increasingly responsible
behavior as they become young adults.
(7) Sixty percent of parents identify their teens as
``quick spenders'', and most acknowledge they could do a better
job of teaching and preparing kids for the financial challenges
of adulthood, including budgeting, saving, and investing.
(8) The majority (52 percent) of young adults ages 23
through 28 consider ``making better choices about managing
money'', the single most important issue for individual
Americans to act on today.
(9) According to the Government Accountability Office,
giving Americans the information they need to make effective
financial decisions can be key to their well-being and to the
country's economic health. The recent financial crisis, when
many borrowers failed to fully understand the risks associated
with certain financial products, underscored the need to
improve individuals' financial literacy and empower all
Americans to make informed financial decisions. This is
especially true for young people as they are earning their
first paychecks, securing student aid, and establishing their
financial independence. Therefore, focusing economic education
and financial literacy efforts and best practices for young
people ages 8 through 24 is of utmost importance.
SEC. 3. AUTHORIZATION FOR FUNDING THE ESTABLISHMENT OF CENTERS OF
EXCELLENCE IN FINANCIAL LITERACY EDUCATION.
(a) In General.--The Director of the Bureau of Consumer Financial
Protection, in consultation with the Financial Literacy and Education
Commission established under the Financial Literacy and Education
Improvement Act, shall make competitive grants to and enter into
agreements with eligible institutions to establish centers of
excellence to support research, development and planning,
implementation, and evaluation of effective programs in financial
literacy education for young people and families ages 8 through 24
years old.
(b) Authorized Activities.--Activities authorized to be funded by
grants made under subsection (a) shall include the following:
(1) Developing and implementing comprehensive research
based financial literacy education programs for young people--
(A) based on a set of core competencies and
concepts established by the Director, including goal
setting, planning, budgeting, managing money or
transactions, tools and structures, behaviors,
consequences, both long- and short-term savings,
managing debt and earnings; and
(B) which can be incorporated into educational
settings through existing academic content areas,
including materials that appropriately serve various
segments of at-risk populations, particularly minority
and disadvantaged individuals.
(2) Designing instructional materials using evidence-based
content for young families and conducting related outreach
activities to address unique life situations and financial
pitfalls, including bankruptcy, foreclosure, credit card
misuse, and predatory lending.
(3) Developing and supporting the delivery of professional
development programs in financial literacy education to assure
competence and accountability in the delivery system.
(4) Improving access to, and dissemination of, financial
literacy information for young people and families.
(5) Reducing student loan default rates by developing
programs to help individuals better understand how to manage
educational debt through sustained educational programs for
college students.
(6) Conducting ongoing research and evaluation of financial
literacy education programs to assure learning of defined
skills and knowledge, and retention of learning.
(7) Developing research-based assessment and accountability
of the appropriate applications of learning over short and long
terms to measure effectiveness of authorized activities.
(c) Priority for Certain Applications.--The Director shall give a
priority to applications that--
(1) provide clear definitions of ``financial literacy'' and
``financially literate'' to clarify educational outcomes;
(2) establish parameters for identifying the types of
programs that most effectively reach young people and families
in unique life situations and financial pitfalls, including
bankruptcy, foreclosure, credit card misuse, and predatory
lending;
(3) include content that is appropriate to age and
socioeconomic levels;
(4) develop programs based on educational standards,
definitions, and research;
(5) include individual goals of financial independence and
stability; and
(6) establish professional development and delivery systems
using evidence-based practices.
(d) Application and Evaluation Standards and Procedures;
Distribution Criteria.--The Director shall establish application and
evaluation standards and procedures, distribution criteria, and such
other forms, standards, definitions, and procedures as the Director
determines to be appropriate.
(e) Limitation on Grant Amounts.--
(1) In general.--The aggregate amount of grants made under
this section during any fiscal year may not exceed $55,000,000.
(2) Termination.--No grants may be made under this section
after the end of fiscal year 2019.
(f) Definitions.--For purposes of this Act the following
definitions shall apply:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Consumer Financial Protection.
(2) Eligible institution.--The term ``eligible
institution'' means a partnership of two or more of the
following:
(A) Institution of higher education.
(B) Local educational agency.
(C) A nonprofit agency, organization, or
association.
(D) A financial institution.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001(a)). | Young Americans Financial Literacy Act This bill requires the Consumer Financial Protection Bureau to award competitive grants to eligible institutions for the establishment of centers of excellence to support research, development, implementation, and evaluation of effective financial-literacy education programs for young people and families. An "eligible institution" is a partnership among two or more of the following: an institution of higher education; a local educational agency; a nonprofit agency, organization, or association; or a financial institution. Authorized grant-funded activities shall include: developing and implementing comprehensive, research-based, financial-literacy education programs for young people; designing instructional materials; developing and supporting the delivery of professional-development programs in financial-literacy education; improving access to, and dissemination of, financial-literacy information for young people and families; developing educational programs to reduce student-loan default rates; conducting ongoing research and evaluation of financial-literacy education programs; and measuring the effectiveness of authorized activities. The grant program shall terminate after FY2019. | Young Americans Financial Literacy Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sewage Sludge in Food Production
Consumer Notification Act of 2003''.
SEC. 2. 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:
``(i)(1) Effective one year after the date of the enactment of the
Sewage Sludge in Food Production Consumer Notification Act of 2003, 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:
``(9) effective one year after the date of the enactment of
the Sewage Sludge in Food Production Consumer Notification Act
of 2003, 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:
``(10) effective one year after the date of the enactment
of the Sewage Sludge in Food Production Consumer Notification
Act of 2003, 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 Poultry 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
the Sewage Sludge in Food Production Consumer Notification Act
of 2003, 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) Relation to National Organic Program.--Nothing in this section
or the amendments made by this section shall be construed to modify the
prohibition contained in part 205 of title 7, Code of Federal
Regulations, on the use of sewage sludge, including ash, grit, or
screenings from the production of sewage sludge, in organic food
production under the National Organic Program of the Department of
Agriculture. | Sewage Sludge in Food Production Consumer Notification Act of 2003 - Amends the Federal Food, Drug, and Cosmetic Act to classify a food as adulterated if it was produced, or contains any ingredient that was produced, on land on which sewage sludge was applied. Permits the following exceptions: (1) if the application of sewage sludge ended more than one year before the production of the food commenced; (2) if a labeling requirement is met; or (3) in the case of a food that is generally offered for sale without labeling, if an informative sign is posted near the product.Amends the Egg Products Inspection Act, the Federal Meat Inspection Act, and the Poultry Products Inspection Act to classify specified foods under those Acts as adulterated if sewage sludge was involved in specified ways in their production. Allows exceptions for each food similar to those to be permitted under the Federal Food, Drug, and Cosmetic Act.States that nothing in this Act shall be construed to modify the prohibition under a specified Federal regulation on the use of sewage sludge in organic food production under the National Organic Program of the Department of Agriculture. | 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. SHORT TITLE.
This Act may be cited as the ``Advancing Critical Connectivity
Expands Service, Small Business Resources, Opportunities, Access, and
Data Based on Assessed Need and Demand Act'' or the ``ACCESS BROADBAND
Act''.
SEC. 2. ESTABLISHMENT OF THE OFFICE OF INTERNET CONNECTIVITY AND
GROWTH.
Not later than 180 days after the date of the enactment of this
Act, the Assistant Secretary shall establish the Office of Internet
Connectivity and Growth within the National Telecommunications and
Information Administration.
SEC. 3. DUTIES.
(a) Outreach.--The Office shall--
(1) connect with communities that need access to high-speed
internet and improved digital inclusion efforts through various
forms of outreach and communication techniques;
(2) hold regional workshops across the country to share
best practices and effective strategies for promoting broadband
access and adoption;
(3) develop targeted broadband training and presentations
for various demographic communities through various media; and
(4) develop and distribute publications (including
toolkits, primers, manuals, and white papers) providing
guidance, strategies, and insights to communities as the
communities develop strategies to expand broadband access and
adoption.
(b) Tracking of Federal Dollars.--
(1) Broadband infrastructure.--The Office shall track the
construction and use of and access to any broadband
infrastructure built using any Federal support in a central
database.
(2) Accounting mechanism.--The Office shall develop a
streamlined accounting mechanism by which any agency offering a
Federal broadband support program and the Commission through
the Universal Service Fund shall provide the information
described in paragraph (1) in a standardized and efficient
fashion.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, and every year thereafter, the Office
shall make public on the website of the Office and submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the following:
(A) A description of the work of the Office for the
previous year and the number of residents of the United
States that received broadband as result of Federal
broadband support programs and the Universal Service
Fund program.
(B) A description of how many residents of the
United States were provided broadband by which
universal service mechanism or which Federal broadband
support program.
(C) An estimate of the economic impact of such
broadband deployment efforts on the local economy,
including any effect on small businesses or jobs.
SEC. 4. STREAMLINED APPLICATIONS FOR SUPPORT.
(a) Agency Consultation.--The Office shall consult with any agency
offering a Federal broadband support program to streamline and
standardize the applications process for financial assistance or grants
for such program.
(b) Agency Streamlining.--Any agency offering a Federal broadband
support program shall amend their applications for broadband support,
to the extent practicable and as necessary, to streamline and
standardize applications for Federal broadband support programs across
the Government.
(c) Single Application.--To the greatest extent practicable, the
Office shall seek to create one application that may be submitted to
apply for all, or substantially all, Federal broadband support
programs.
(d) Website Required.--Not later than 180 days after the date of
the enactment of this Act, the Office shall create a central website
through which potential applicants can learn about and apply for
support through any Federal broadband support program.
SEC. 5. COORDINATION OF SUPPORT.
The Office, any agency that offers a Federal broadband support
program, and the Commission through the Universal Service Fund shall
coordinate with the Office to ensure that support is being distributed
in an efficient, technology-neutral, and financially sustainable
manner, with the goal of serving the largest number of persons in the
United States while avoiding overbuilding and promoting the most job
and economic growth for all residents of the United States.
SEC. 6. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Federal broadband support program.--The term ``Federal
broadband support program'' does not include any Universal
Service Fund program and means any of the following programs
(or any other similar Federal program) to the extent the
program offers broadband internet service or programs for
promoting broadband access and adoption for various demographic
communities through various media for residential, commercial,
community providers, or academic establishments:
(A) The Telecommunications and Technology Program
of the Appalachian Regional Commission.
(B) The Telecommunications Infrastructure Loans and
Loan Guarantees, the Rural Broadband Access Loans and
Loan Guarantees, the Substantially Underserved Trust
Areas Provisions, the Community Connect Grant Program,
and the Distance Learning and Telemedicine Grant
Program of the Rural Utilities Service of the
Department of Agriculture.
(C) The Public Works and Economic Adjustment
Assistance Programs and the Planning and Local
Technical Assistance Programs of the Economic
Development Administration of the Department of
Commerce.
(D) The Community Development Block Grants and
Section 108 Loan Guarantees, the Funds for Public
Housing Authorities: Capital Fund and Operating Fund,
the Multifamily Housing, the Indian Community
Development Block Grant Program, the Indian Housing
Block Grant Program, the Title VI Loan Guarantee
Program, Choice Neighborhoods, the HOME Investment
Partnerships Program, the Housing Trust Fund, and the
Housing Opportunities for Persons with AIDS of the
Department of Housing and Urban Development.
(E) The American Job Centers of the Employment and
Training Administration of the Department of Labor.
(F) The Library Services and Technology Grant
Programs of the Institute of Museum and Library
Services.
(5) Office.--The term ``Office'' means the Office of
Internet Connectivity and Growth established pursuant to
section 2.
(6) Universal service fund program.--The term ``Universal
Service Fund program'' means any program authorized under
section 254 of the Communications Act of 1934 (47 U.S.C. 254)
to help deploy broadband.
(7) Universal service mechanism.--The term ``universal
service mechanism'' means any funding stream provided by a
Universal Service Fund program to support broadband access.
SEC. 7. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to carry out
this Act. This Act shall be carried out using amounts otherwise
authorized.
Passed the House of Representatives July 23, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act or the ACCESS BROADBAND Act (Sec. 2) This bill requires the Department of Commerce to establish the Office of Internet Connectivity and Growth within the National Telecommunications and Information Administration. (Sec. 3) The office shall: connect with communities that need access to high-speed Internet and improved digital inclusion efforts, hold regional workshops to share best practices and effective strategies for promoting broadband access and adoption, develop targeted broadband training and presentations for various demographic communities through media, develop and distribute publications providing guidance to communities for expanding broadband access and adoption, and track construction and use of and access to any broadband infrastructure built using federal support. The office must report annually: (1) a description of the office's work, (2) the number of U.S. residents who received broadband as result of federal broadband programs and the Universal Service Fund program, and (3) an estimate of the economic impact of such broadband deployment efforts on the local economy. (Sec. 4) The office shall consult with any agency offering a federal broadband support program in order to streamline the application process for financial assistance or grants and create one application that may be submitted to apply for all federal broadband support programs. (Sec. 5) The office, any agency that offers a federal broadband support program, and the Federal Communications Commission through the Universal Service Fund shall coordinate to ensure that broadband support is being distributed in an efficient, technology-neutral, and financially sustainable manner. (Sec. 7) No additional funds are authorized to carry out this bill. | Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Pay for Performance
Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Federal deficit'' has the meaning given the
term deficit by section 3(6) of the Congressional Budget Act of
1974 (2 U.S.C. 622(6));
(2) the term ``deficit target'', as used with respect to a
fiscal year, means the maximum allowable Federal deficit for
such fiscal year, as set forth in the concurrent resolution on
the budget for fiscal year 1996;
(3) the term ``concurrent resolution on the budget'' has
the meaning given such term by section 3(4) of the
Congressional Budget Act of 1974 (2 U.S.C. 622(4)); and
(4) the term ``Member of Congress'' means an individual who
holds a position referred to in section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31), as
amended by section 4.
SEC. 3. PAY AS A FUNCTION OF EFFORTS TO ELIMINATE THE FEDERAL DEFICIT.
(a) If Deficit Targets Are Not Met.--
(1) Interim targets.--If, for any of fiscal years 1996
through 2001, inclusive, the Federal deficit for such fiscal
year exceeds the deficit target for such fiscal year by more
than $1 billion, then, effective as of the first day of the
first applicable pay period of the first calendar year
beginning after the end of such fiscal year, the rate of basic
pay for each Member of Congress shall be equal to the rate in
effect on the day before the date of the adjustment under this
paragraph, reduced by the percentage derived by multiplying 0.5
percent by the number of billions of dollars (after rounding to
the next lower multiple of $1 billion) by which such target was
so exceeded, except that nothing in this paragraph shall cause
any rate to be reduced below zero.
(2) Final target.--If the Federal deficit for fiscal year
2002 is $1 billion or greater, then, effective as of the first
day of the first applicable pay period in calendar year 2003,
the rate of basic pay for each Member of Congress shall be
zero.
(b) If Deficit Targets Are Met.--
(1) Other than by eliminating the deficit.--Except as
provided in paragraph (2), if, for any of fiscal years 1996
through 2001, inclusive, the Federal deficit for such year is
less than, or within $1 billion of, the deficit target for such
fiscal year, then no change shall be made in the rate of basic
pay for any Member of Congress based on the size of the Federal
deficit for such year.
(2) By eliminating the deficit.--If, for any of fiscal
years 1996 through 2002, inclusive, the Federal deficit for
such year is less than $1 billion, then, effective as of the first day
of the first applicable pay period of the first calendar year beginning
after the end of such fiscal year--
(A) the rate of basic pay for each Member of
Congress shall be restored to the rate in effect as of
December 31, 1995; and
(B) this section shall cease to be effective.
(c) Determining the Size of the Deficit.--For purposes of this
section, the size of the Federal deficit for any fiscal year shall be
as determined by the Congressional Budget Office (in writing)--
(1) on the basis of the Final Monthly Treasury Statement of
Receipts and Outlays of the United States Government, published
by the Department of the Treasury; and
(2) excluding any increase in tax revenues, attributable to
the fiscal year involved, which occurs by reason of any
provision of law enacted after the date of the enactment of
this Act.
(d) Exception.--The rate of basic pay for an individual shall, for
the duration of such individual's first term of office as a Member of
Congress, be determined as if this section had never been enacted.
(e) Suspension in Time of War.--
(1) In general.--In the event of a war declared by
Congress, rates of pay shall be restored to the rates that
would then be payable if, and shall be subject to adjustment in
the same way as if, this section had never been enacted,
subject to paragraph (2).
(2) End of war.--After any such war ends, the preceding
subsections of this section shall again become effective,
except that, in applying such subsections--
(A) any reference to fiscal year 1996 shall be
deemed to be a reference to the first fiscal year
beginning after the date on which such war ends; and
(B) any reference to any later fiscal year shall be
determined accordingly.
The respective fiscal years to which the deficit targets set
forth in any concurrent resolution on the budget for fiscal
year 1996 shall be determined in like manner for purposes of so
applying such subsections.
SEC. 4. ELIMINATION OF AUTOMATIC ANNUAL PAY ADJUSTMENTS FOR MEMBERS OF
CONGRESS.
(a) In General.--Paragraph (2) of section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 31) is repealed.
(b) Conforming Amendments.--Section 601(a)(1) of such Act is
amended--
(1) by striking ``(a)(1)'' and inserting ``(a)'';
(2) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively; and
(3) by striking ``, as adjusted by paragraph (2) of this
subsection''. | Congressional Pay for Performance Act - Sets forth a formula by which the rate of basic pay for each Member of Congress will be reduced effective as of the first applicable pay period of the first calendar year beginning after the end of a fiscal year from FY 1996 through 2001 for which the Federal deficit exceeds the deficit target by more than $1 billion.
Reduces such rate to zero if the Federal deficit for FY 2002 is $1 billion or greater, effective as of the first day of the first applicable pay period in calendar year 2003.
Provides that if the Federal deficit for any of FY 1996 through 2001, inclusive, is less than $1 billion, each Member's salary shall be restored to the rate in effect as of December 31, 1995, and this Act shall cease to be effective.
Requires, for purposes of this Act, the size of the Federal deficit for any fiscal year to be determined by the Congressional Budget Office (in writing): (1) on the basis of the Final Monthly Treasury Statement of Receipts and Outlays of the Federal Government, published by the Department of the Treasury; and (2) excluding any increase in tax revenues, attributable to the fiscal year involved, which occurs by reason of any provision of law enacted after this Act's enactment.
Provides that an individual's salary for the duration of his or her first term of office as a Member of Congress shall be determined as if this Act had never been enacted. Provides for suspension of this Act in time of war.
Repeals provisions of the Legislative Reorganization Act of 1946 which provide for automatic annual pay adjustments for Members of Congress. | Congressional Pay for Performance Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Responder Anthrax Preparedness
Act''.
SEC. 2. PRE-EVENT ANTHRAX VACCINATION PROGRAM FOR EMERGENCY RESPONSE
PROVIDERS.
(a) Anthrax Preparedness.--
(1) In general.--Title V of the Homeland Security Act of
2002 (Public Law 107-296; 6 U.S.C. 311 et seq.) is amended by
adding at the end the following new section:
``SEC. 526. ANTHRAX PREPAREDNESS.
``(a) Pre-Event Anthrax Vaccination Program for Emergency Response
Providers.--For the purpose of domestic preparedness for and collective
response to terrorism, the Secretary, in coordination with the
Secretary of Health and Human Services, shall establish a program to
provide anthrax vaccines from the strategic national stockpile under
section 319F-2(a) of the Public Health Service Act (42 U.S.C. 247d-
6b(a)) that will be nearing the end of their labeled dates of use at
the time such vaccines are to be administered to emergency response
providers who are at high risk of exposure to anthrax and who
voluntarily consent to such administration, and shall--
``(1) establish any necessary logistical and tracking
systems to facilitate making such vaccines so available;
``(2) distribute disclosures regarding associated benefits
and risks to end users; and
``(3) conduct outreach to educate emergency response
providers about the voluntary program.
``(b) Threat Assessment.--The Secretary shall--
``(1) support homeland security-focused risk analysis and
risk assessments of the threats posed by anthrax from an act of
terror;
``(2) leverage existing and emerging homeland security
intelligence capabilities and structures to enhance prevention,
protection, response, and recovery efforts with respect to an
anthrax terror attack; and
``(3) share information and provide tailored analytical
support on threats posed by anthrax to State, local, and tribal
authorities, as well as other national biosecurity and
biodefense stakeholders.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by inserting at the end of the
items relating to title V the following new item:
``Sec. 526. Anthrax preparedness.''.
(b) Pilot Program.--
(1) In general.--In carrying out the pre-event vaccination
program authorized in section 526(a) of the Homeland Security
Act of 2002, as added by subsection (a), the Secretary of
Homeland Security, in coordination with the Secretary of Health
and Human Services, shall carry out a pilot program to provide
anthrax vaccines to emergency response providers as so
authorized. The duration of the pilot program shall be 24
months from the date the initial vaccines are administered to
participants.
(2) Preliminary requirements.--By not later than 1 year
after the date of the enactment of this Act, and prior to
implementing the pilot program under paragraph (1), the
Secretary of Homeland Security shall--
(A) establish a communication platform for the
pilot program;
(B) establish education and training modules for
the pilot program;
(C) conduct economic analysis of the pilot program;
and
(D) create a logistical platform for the anthrax
vaccine request process under the pilot program.
(3) Location.--In carrying out the pilot program under this
subsection, the Secretary of Homeland Security shall select
emergency response providers based in at least two States for
participation in the pilot program.
(4) Distribution of information.--The Secretary of Homeland
Security shall provide to each emergency response provider who
participates in the pilot program under this subsection
disclosures and educational materials regarding the associated
benefits and risks of any vaccine provided under the pilot
program and of exposure to anthrax.
(5) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter until 1 year
after the completion of the pilot program, the Secretary of
Homeland Security shall submit to the Committee on Homeland
Security and the Committee on Energy and Commerce of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the progress and
results of the pilot program, including the percentage of
eligible emergency response providers, as determined by each
pilot location, that volunteer to participate, the degree to
which participants obtain necessary vaccinations, as
appropriate, and recommendations to improve initial and
recurrent participation in the pilot program. The report shall
include a plan under which the Secretary plans to continue the
program to provide vaccines to emergency response providers
under section 526(a) of the Homeland Security Act of 2002, as
added by subsection (a).
(6) Deadline for implementation.--The Secretary of Homeland
Security shall begin implementing the pilot program under this
subsection by not later than the date that is 1 year after the
date of the enactment of this Act.
Passed the House of Representatives July 29, 2015.
Attest:
KAREN L. HAAS,
Clerk. | First Responder Anthrax Preparedness Act (Sec. 2) Amends the Homeland Security Act of 2002 to direct the Department of Homeland Security (DHS), in coordination with the Department of Health and Human Services (HHS), for the purpose of domestic preparedness for and collective response to terrorism, to: (1) establish a program to provide surplus anthrax vaccines nearing the end of their labeled dates of use from the strategic national stockpile for administration to emergency response providers who are at high risk of exposure to anthrax and who voluntarily consent to such administration, (2) distribute disclosures regarding associated benefits and risks to end users, and (3) conduct outreach to educate emergency response providers about the program. Requires DHS to: (1) support homeland security-focused risk analysis and assessments of the threats posed by anthrax from an act of terror; (2) leverage homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to an anthrax terror attack; and (3) share information and provide tailored analytical support on threats posed by anthrax to state, local, and tribal authorities, as well as other national biosecurity and biodefense stakeholders. Directs DHS, in coordination with HHS, to carry out a 24-month pilot program to provide anthrax vaccines to emergency response providers. Requires DHS to: (1) establish a communication platform and education and training modules for such program, (2) conduct economic analysis of such program, (3) create a logistical platform for the anthrax vaccine request process, (4) select providers based in at least two states to participate, (5) provide to each participating provider disclosures and educational materials regarding the benefits and risks of any vaccine provided and of exposure to anthrax, and (6) submit annual reports on pilot program results and recommendations to improve pilot program participation. Requires the report to include a plan for continuation of the DHS program to provide vaccines to emergency response providers. | First Responder Anthrax Preparedness Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Recovery from Trauma
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to a 2002 Government Accountability Office
report (GAO-02-813), large numbers of children experience
trauma-related mental health problems, while at the same time
facing barriers to receiving appropriate mental health care.
(2) According to the National Institute of Mental Health,
only 36 percent of youth with any mental disorder received
services, and only half of these youth who were severely
impaired by their mental disorder received any professional
mental health treatment. Of those with anxiety disorders
(including post traumatic stress disorder), only 18 percent
received services. Half of all lifetime cases of mental illness
begin by age 14, and that despite effective treatments that
have been developed, there are long delays, sometimes decades,
between first onset of symptoms and when treatment is obtained.
(3) Findings from the Adverse Childhood Experiences Study
have shown that adverse childhood experiences predispose
children towards negative trajectories from infancy to
adulthood.
(4) The Great Smoky Mountains Study, a representative
longitudinal study of children, found that by age 16, more than
67 percent of the children had been exposed to one or more
traumatic events, such as child maltreatment, domestic
violence, or sexual assault (Copeland et al, 2007).
(5) According to the National Institute of Mental Health,
the lifetime prevalence of post-traumatic stress disorder for
13 to 18 year olds is 4 to 6 percent (NIMH, 2010). In 2007, the
National Institute of Mental Health reported that adults who
were abused or neglected as children have increased risk of
major depression, often beginning in childhood with long-
lasting effects.
(6) According to the Department of Defense, more than
700,000 children have experienced one or more parental
deployments. Children's reactions to a parent's deployment vary
by a child's developmental stage, age, and presence of any
preexisting psychological or behavioral problems. The mental
health of the parent is often a key factor affecting the
child's distress level. Parents reporting clinically
significant stress are more likely to have children identified
as high risk for psychological and behavioral problems.
(7) The National Intimate Partner and Sexual Violence
Survey revealed that nearly 1 in 5 women reported having been
the victim of a rape at some time during their lives. Forty-two
percent experienced their first rape before the age of 18.
(8) The National Child Traumatic Stress Network collected
data on 14,088 children and adolescents served by 56 Network
service centers across the country from 2004 to 2010, examining
the prevalence of exposure to a wide range of trauma types,
access to services, and child outcomes outcome. Nearly 80
percent of children referred for screening and evaluation
reported experiencing at least one type of traumatic event. Of
the 11,104 children and adolescents who reported trauma
exposure, 77 percent had experienced more than one type of
trauma and 31 percent had experienced five or more types.
(9) The children served by the National Child Traumatic
Stress Network are involved with many different kinds of child-
serving systems. Of those receiving service, 65 percent had
received social services and 35 percent had received school-
based services. After treatment, significant improvements were
made in trauma symptoms, mental health diagnoses, and
behavioral problems.
SEC. 3. GRANTS TO ADDRESS THE PROBLEMS OF INDIVIDUALS WHO EXPERIENCE
TRAUMA AND VIOLENCE RELATED STRESS.
Section 582 of the Public Health Service Act (42 U.S.C. 290hh-1) is
amended to read as follows:
``SEC. 582. GRANTS TO ADDRESS THE PROBLEMS OF INDIVIDUALS WHO
EXPERIENCE TRAUMA AND VIOLENCE RELATED STRESS.
``(a) In General.--The Secretary shall award grants, contracts or
cooperative agreements to public and nonprofit private entities, as
well as to Indian tribes and tribal organizations, for the purpose of
developing and maintaining programs that provide for--
``(1) the continued operation of the National Child
Traumatic Stress Initiative (referred to in this section as the
`NCTSI') that focus on the mental, behavioral, and biological
aspects of psychological trauma response; and
``(2) the development of knowledge with regard to evidence-
based practices for identifying and treating mental,
behavioral, and biological disorders of children and youth
resulting from witnessing or experiencing a traumatic event.
``(b) Priorities.--In awarding grants, contracts or cooperative
agreements under subsection (a)(2) (related to the development of
knowledge on evidence-based practices for treating mental, behavioral,
and biological disorders associated with psychological trauma), the
Secretary shall give priority to universities, hospitals, mental health
agencies, and other community-based child-serving programs that have
established clinical and research experience in the field of trauma-
related mental disorders.
``(c) Child Outcome Data.--The NCTSI coordinating center shall
collect, analyze, and report NCTSI-wide child outcome and process data
for the purpose of establishing the effectiveness, implementation, and
clinical utility of early identification and delivery of evidence-based
treatment and services delivered to children and families served by the
NCTSI grantees.
``(d) Training.--The NCTSI coordinating center shall oversee the
continuum of interprofessional training initiatives in evidence-based
and trauma-informed treatments, interventions, and practices offered to
NCTSI grantees and providers in all child-serving systems.
``(e) Dissemination.--The NCTSI coordinating center shall
collaborate with the Secretary in the dissemination of evidence-based
and trauma-informed interventions, treatments, products, and other
resources to all child-serving systems and policymakers.
``(f) Review.--The Secretary shall establish consensus-driven, in-
person or teleconference review of NCTSI applications by child trauma
experts and review criteria related to expertise and experience related
to child trauma and evidence-based practices.
``(g) Geographical Distribution.--The Secretary shall ensure that
grants, contracts or cooperative agreements under subsection (a) are
distributed equitably among the regions of the United States and among
urban and rural areas. Notwithstanding the previous sentence, expertise
and experience in the field of trauma-related disorders shall be
prioritized in the awarding of such grants are required under
subsection (b).
``(h) Evaluation.--The Secretary, as part of the application
process, shall require that each applicant for a grant, contract or
cooperative agreement under subsection (a) submit a plan for the
rigorous evaluation of the activities funded under the grant, contract
or agreement, including both process and outcome evaluation, and the
submission of an evaluation at the end of the project period.
``(i) Duration of Awards.--With respect to a grant, contract or
cooperative agreement under subsection (a), the period during which
payments under such an award will be made to the recipient shall be 6
years. Such grants, contracts or agreements may be renewed. Expertise
and experience in the field of trauma-related disorders shall be a
priority for new and continuing awards.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $100,000,000 for fiscal year
2014, and such sums as may be necessary for each of fiscal years 2015
through 2024.''. | Children's Recovery from Trauma Act - Amends the Public Health Service Act to reauthorize and revise the National Child Traumatic Stress Initiative (NCTSI). Requires the NCTSI coordinating center to: (1) collect, analyze, and report NCTSI child outcome and process data for the purpose of establishing the effectiveness, implementation, and clinical utility of early identification and delivery of treatment and services delivered to children and families served by the NCTSI grantees; (2) oversee interprofessional training initiatives in treatments, interventions, and practices offered to NCTSI grantees and providers in all child-serving systems; and (3) collaborate with the Secretary of Health and Human Services (HHS) in the dissemination of interventions, treatments, products, and other resources to all child-serving systems and policymakers. Directs the Secretary to establish consensus-driven, in-person or teleconference review of NCTSI applications by child trauma experts and review criteria related to expertise and experience related to child trauma and evidence-based practices. Requires the Secretary, in awarding grants under NCTSI, to prioritize expertise and experience in the field of trauma-related disorders over geographic distribution of grantees. Extends the duration of a grant from five years to six years. Gives expertise and experience in the field of trauma-related disorders priority for new and continuing awards. | Children's Recovery from Trauma Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Transparency in Trade
Act''.
SEC. 2. PUBLICATION OF TEXTS WITH RESPECT TO NEGOTIATING ROUNDS.
(a) Negotiations.--Section 105(a)(1) of the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015 (19
U.S.C. 4204(a)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(E) with respect to each negotiating round for
the agreement, publish on a publicly available Internet
website--
``(i) the proposed United States text,
prior to the start of such negotiating round;
and
``(ii) the considered text, at the
conclusion of such negotiating round.''.
(b) Procedural Disapproval Resolution.--Section 106(b) of the
Bipartisan Congressional Trade Priorities and Accountability Act of
2015 (19 U.S.C. 4205(b)) is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``or
Consultations'' and inserting ``, Consultations, or
Publication of Texts''; and
(B) in subparagraph (B)--
(i) in clause (i)--
(I) by striking ``to notify or
consult'' and all that follows through
``on negotiations'' and inserting ``,
in accordance with the Bipartisan
Congressional Trade Priorities and
Accountability Act of 2015, to notify
or consult on, or publish texts with
respect to, negotiations''; and
(II) by striking ``notify or
consult.'' and inserting ``notify,
consult, or publish texts.''; and
(ii) in clause (ii)--
(I) in the matter preceding
subclause (I), by striking ``has
`failed or refused to notify or consult
in accordance with the Bipartisan
Congressional Trade Priorities and
Accountability Act of 2015' on
negotiations'' and inserting ``has
`failed, in accordance with the
Bipartisan Congressional Trade
Priorities and Accountability Act of
2015, to notify or consult on, or
publish texts with respect to,'
negotiations'';
(II) in subclause (III), by
striking ``or'' at the end;
(III) in subclause (IV), by
striking the period at the end and
inserting ``; or''; and
(IV) by adding at the end the
following:
``(V) the President has failed,
under section 105(a)(1)(E), to publish
texts with respect to each negotiating
round of the parties to the
agreement.''; and
(2) in paragraphs (3)(C) and (4)(C), by striking ``to
notify or consult'' and all that follows through ``on
negotiations'' and inserting ``, in accordance with the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015, to notify or consult on, or publish texts with
respect to, negotiations''.
(c) Definitions.--Section 111 of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015 (19 U.S.C. 4210) is amended--
(1) by redesignating paragraphs (7) through (23) as
paragraphs (8) through (24), respectively;
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) Considered text.--The term `considered text'--
``(A) means, with respect to a negotiating round,
each proposal considered during such negotiating round
related to the text of the agreement, tariff or service
sector schedules, or any other element of the agreement
(referred to as `the actual consolidated negotiating
text document'), whether proposed by the United States
or by another party to the negotiations and without
regard to any representation made by the United States
regarding the confidentiality of such proposal; and
``(B) includes, with respect to each such proposal,
an identification of each party to the negotiations
that offered or supported the proposal, if the proposal
was agreed to by one or more of the parties to such
negotiating round.'';
(3) by redesignating paragraphs (20) through (24), as so
redesignated by paragraph (1), as paragraphs (22) through (26),
respectively; and
(4) by inserting after paragraph (19), as so redesignated
by paragraph (1), the following new paragraphs:
``(20) Negotiating round.--The term `negotiating round'
means, with respect to negotiations on an agreement subject to
the provisions of section 103(b), a meeting of one or more of
the trade ministers (or designees) of any party to such
negotiations with a representative of the United States.
``(21) Proposed united states text.--The term `proposed
United States text' means a document that includes, with
respect to a negotiating round, each proposal drafted by the
United States to be submitted for consideration in such
negotiating round, including proposals related to the text of
the agreement, tariff or service sector schedules, or any other
element of the agreement.''.
SEC. 3. USTR TRANSPARENCY OFFICER.
Section 141(b)(3) of the Trade Act of 1974 is amended by adding at
the end the following: ``The Trade Representative shall ensure that the
individual who is appointed the Chief Transparency Officer does not,
because of any other position the individual holds or otherwise, have,
or appear to have, any conflict of interest in ensuring the
transparency of the activities of the Office of the Trade
Representative, including trade negotiations.''. | Promoting Transparency in Trade Act This bill amends the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require the President to publish on a publicly available website the proposed U.S. text for a trade agreement regarding trade barriers before the start of a negotiating round and the considered text for such an agreement at the conclusion of each negotiating round. Congress may disapprove of trade authorities procedures (fast track) if the President has not published required negotiation texts for a proposed trade agreement. The bill amends the Trade Act of 1974 to direct the U.S. Trade Representative (USTR) to ensure that the Chief Transparency Officer of the Office of the USTR does not have, or appear to have, any conflict of interest in ensuring the transparency of the activities of the Office, including trade negotiations. | Promoting Transparency in Trade Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Travel Regional Investment
Partnership Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The importance of travel and tourism cannot be
overstated: travel and tourism employs America.
(2) Approximately 8,300,000 domestic jobs depend on the
travel and tourism industry.
(3) The United States travel and tourism industry is worth
more than $691,000,000,000 annually in direct spending, of
which more than 85 percent is the result of domestic travel.
Including indirect spending, such industry tops
$1,200,000,000,000 in spending.
(4) The travel and tourism industry accounts for 2.6
percent of GDP, nearly four times that of the automotive
industry.
(5) Domestic employment related to the travel and tourism
industry cannot be outsourced to other countries.
(6) The current economic downturn has created the most
difficult economic environment for the domestic travel and
tourism industry since the period following the terrorist
attacks of September 11, 2001.
(7) The travel and tourism industry has contracted by
nearly $130,000,000,000 in 2009 alone. The domestic tourism
economy has fallen by nearly 4.5 percent during 2009, twice the
rate of the overall economy of the United States.
(8) Domestic spending on travel and tourism has been in
decline since the fourth quarter of fiscal year 2008, while
employment in the travel and tourism industry has been falling
since the second quarter of such year.
(9) Public-private partnerships have been underutilized in
the promotion of travel and tourism and are a dynamic tool in
creating new domestic tourism markets and promoting domestic
regional tourism growth.
SEC. 3. DOMESTIC REGIONAL TOURISM GRANT PROGRAM.
(a) Establishment by Secretary of Commerce.--The Secretary of
Commerce shall establish a competitive grant program, administered by
the Office of Travel and Tourism Industries, to promote domestic
regional tourism growth and new domestic tourism market creation.
(b) Range of Grant Monetary Amounts.--No grant shall be less than
$100,000 or more than $1,000,000.
(c) Grantee Eligibility Requirements.--
(1) Eligible entities.--The following entities are eligible
for a grant under this section for the purposes of promoting
domestic regional tourism growth and new domestic tourism
market creation:
(A) A Convention and Visitors Bureau.
(B) A partnership between a State or local
government and a local tourism entities.
(2) Application process.--
(A) Submission.--An eligible entity seeking a grant
under this section shall submit to the Secretary an
application at such time, in such form, and with such
information and assurances as the Secretary may
require.
(B) Contents.--Such application shall include--
(i) a description of the tourist promotion
activities that the grant will fund; and
(ii) in the case of a partnership between a
State or local government and local tourism
entities--
(I) the specific tourist entities
that such government has partnered with
in order promote tourism within the
relevant domestic region; and
(II) the details of the partnership
and specific information as to how such
partnership will increase regional
tourism.
(d) Matching Requirement.--
(1) Non-federal funds.--As a condition of receipt of a
grant under this section, the grant recipient shall provide,
either directly or through donations from public or private
entities, non-Federal matching funds, in cash or in-kind, in an
amount equal to the amount of the grant.
(2) Special rule for in-kind donations.--Of the amount of
non-Federal matching funds required under paragraph (1), not
more than 25 percent shall be provided through in-kind
contributions.
(e) Reports.--Not later than 6 months after the end of each fiscal
year in which grants were awarded by the Secretary under this section,
the Secretary shall submit a report to Congress on--
(1) travel-generated expenditures;
(2) travel-generated tax receipts; and
(3) travel-generated employment.
(f) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(2) Local tourist entity.--The term ``local tourist
entity'' means any public or private sector business engaged in
tourism-related activities.
(g) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 for each of the first 5 fiscal years that
begin after the date of enactment of this section for grants under this
section, and such amounts appropriated shall remain available until
expended. | Travel Regional Investment Partnership Act - Directs the Secretary of Commerce to establish a competitive grant program, administered by the Office of Travel and Tourism Industries, to award grants to eligible entities (such as a Convention and Visitors Bureau or a partnership between a state or local government and a local tourism entity) to promote domestic regional tourism growth and new domestic tourism market creation. | To direct the Secretary of Commerce to establish a competitive grant program to promote domestic regional tourism. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``El Camino Real de los Tejas National
Historic Trail Act of 2003''.
SEC. 2. AUTHORIZATION AND ADMINISTRATION.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
is amended by adding at the end the following:
``(23) El camino real de los tejas.--
``(A) In general.--Subject to subparagraph (B), El
Camino Real de los Tejas (The Royal Road of historic
Tejas) National Historic Trail, a combination of
historic routes totaling 2,580 miles in length from the
Rio Grande near Eagle Pass and Laredo, Texas, to
Natchitoches, Louisiana, and including the Old San
Antonio Road, as generally depicted on the maps
entitled `El Camino Real de los Tejas', contained in
the report prepared pursuant to subsection (b) entitled
`National Historic Trail Feasibility Study and
Environmental Assessment: El Camino Real de los Tejas,
Texas-Louisiana', dated July 1998. The National Park
Service is authorized to administer designated portions
of this trail system as a national historic trail as
set forth in this paragraph.
``(B) Establishment.--
``(i) Publicly owned lands.--Congress
authorizes the establishment of El Camino Real
de los Tejas national historic trail and the
respective administration on those portions of
the historic trail routes and related historic
sites within publicly owned lands when such
trail related resources meet the purposes of
this Act or certification criteria set by the
Secretary of the Interior per section 3(a)(3)
of this Act.
``(ii) Privately owned lands.--Congress
authorizes the establishment of El Camino Real
de los Tejas national historic trail and the
respective administration on those portions of
the historic trail routes and related historic
sites within privately owned lands only through
the voluntary and expressed consent of the
owner and when such trails and sites qualify
for certification as officially established
components of the national historic trail. The
owner's approval of a certification agreement
satisfies the consent requirement.
Certification agreements are not legally
binding and may be terminated at any time.
Should land ownership change at a certified
site, the certification will cease to be valid
unless the new owner consents to a new
agreement.
``(C) Private property rights protection.--Nothing
in this Act or in the establishment of any portion of
the national historic trail authorizes any person to
enter private property without the consent of the
owner. Nothing in this Act or in the establishment of
any portion of the national historic trail will
authorize the Federal Government to restrict private
property owner's use or enjoyment of their property
subject to other laws or regulations. Authorization of
El Camino Real de los Tejas National Historic Trail
under this Act does not itself confer any additional
authority to apply other Federal laws and regulations
on non-Federal lands along the trail. Laws or
regulations requiring public entities and agencies to
take into consideration a national historic trail shall
continue to apply notwithstanding the foregoing.
Notwithstanding section 7(g) of this Act, the United
States is authorized to acquire privately owned real
property or an interest in such property for purposes
of the national historic trail only with the consent of
the owner of such property and shall have no authority
to condemn or otherwise appropriate privately owned
real property or an interest in such property for the
purposes of El Camino Real de los Tejas National
Historic Trail.
``(D) Coordination of activities.--The Secretary of
the Interior may coordinate with United States and
Mexican public and nongovernmental organizations,
academic institutions, and, in consultation with the
Secretary of State, the Government of Mexico and its
political subdivisions, for the purpose of exchanging
trail information and research, fostering trail
preservation and educational programs, providing
technical assistance, and working to establish an
international historic trail with complementary
preservation and education programs in each nation.''. | El Camino Real de los Tejas National Historic Trail Act of 2003 - Amends the National Trails System Act to designate El Camino Real de los Tejas as a National Historic Trail. Authorizes establishment of such trail on portions of the trail on: (1) publicly owned lands; and (2) privately owned lands only with the consent of the owner. | To amend the National Trails System Act to designate El Camino Real de los Tejas as a National Historic Trail. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hoh Indian Tribe Safe Homelands
Act''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds the following:
(1) The Hoh Indian Reservation, located along the Hoh River
and the Pacific Ocean in a remote section of Jefferson County,
Washington, is the homeland of the Hoh Indian Tribe, a
federally recognized Indian tribe.
(2) Established by Executive Order in 1893, the Reservation
is approximately one square mile, but its habitable acreage has
been reduced over time due to storm surges, repeated flooding
and erosion, and lack of river dredging.
(3) Due to its location along the river and ocean and
frequent torrential rains, 90 percent of the Reservation is
located within a flood zone and, in fact, has flooded
repeatedly over the last five years. In addition, 100 percent
of the Reservation is within a tsunami zone, leaving most of
the Reservation unfit for safe occupation.
(4) The Tribe has repeatedly suffered from serious flood
and wind damage to homes, tribal buildings, and utility
infrastructure that have caused significant damage and resulted
in critical safety and environmental hazards.
(5) Federal agencies such as the Bureau of Indian Affairs,
the Department of Housing and Urban Development, and the
Federal Emergency Management Agency have limited authority to
assist the Tribe with housing and other improvements and
services due to the dangerous and unsustainable location of the
Reservation.
(6) The Tribe has purchased from private owners near the
Reservation approximately 260 acres of land in order to move
key infrastructure out of the flood zone.
(7) In addition, the State of Washington's Department of
Natural Resources has transferred ownership of 160 acres of
land to the Tribe.
(8) An approximately 37 acre parcel of logged land,
administered by the National Park Service, lies between the
current Reservation land and those lands acquired by the Tribe,
and the only road accessing the Reservation crosses this
parcel.
(9) Together, the lands described in paragraphs 6, 7, and 8
would constitute a contiguous parcel for the Reservation and
would create a safe area for members of the Tribe to live and
rebuild their community.
SEC. 3. DEFINITIONS.
For the purposes of this Act----
(1) the term ``Federal land'' mean the Federal lands
described in section 4(c)(2);
(2) the term ``Reservation'' means the reservation of the
Hoh Indian Tribe;
(3) the term ``Secretary'' means the Secretary of the
Interior; and
(4) the term ``Tribe'' means the Hoh Indian Tribe, a
federally recognized Indian tribe.
SEC. 4. TRANSFER OF LANDS TO BE HELD IN TRUST AS PART OF THE TRIBE'S
RESERVATION; PLACEMENT OF OTHER LAND INTO TRUST.
(a) In General.--The Secretary shall transfer to the Tribe all
right, title, and interest of the United States in and to the Federal
land. Such land shall be held in trust by the United States for the
benefit of the Tribe. Such land shall be excluded from the boundaries
of Olympic National Park. At the request of the Tribe, at the time of
transfer of the Federal land, the Secretary shall also place into trust
for the benefit of the Tribe the non-Federal land owned by the Tribe
and described in subsection (c)(1).
(b) Reservation.--Land taken into trust for the Tribe pursuant to
subsection (a) shall be part of the Reservation
(c) Description of Lands.--The land to be transferred and held in
trust under subsection (a) is the land generally depicted on the map
titled ``H.R. ___ Hoh Indian Tribe Safe Homelands Act'', and dated
_________ and further described as--
(1) the non-Federal land owned by the Hoh Tribe; and
(2) the Federal land administered by the National Park
Service, located in Section 20, Township 26N, Range 13W, W.M.
South of the Hoh River.
(d) Availability of Map.--Not later than 120 days after the
completion of the land transfer of Federal land under this section, the
Secretary shall make the map available to the appropriate agency
officials and congressional committees. The map shall be available for
public inspection in the appropriate offices of the Secretary.
(e) Congressional Intent.--It is the intent of Congress that--
(1) the condition of the Federal land at the time of the
transfer under this section should be preserved and protected;
(2) that the natural environment existing on the Federal
land at the time of the transfer under this section should not
be altered, except as described in this Act; and
(3) the Tribe and the National Park Service shall work
cooperatively on issues of mutual concern related to this Act.
SEC. 5. PRESERVATION OF EXISTING CONDITION OF FEDERAL LAND; TERMS OF
CONSERVATION AND USE IN CONNECTION WITH LAND TRANSFER.
(a) Restrictions on Use.--The use of the Federal land transferred
pursuant to section 4 is subject to the following conditions:
(1) No commercial, residential, industrial, or other
buildings or structures shall be placed on the Federal land
being transferred and placed into trust. The existing road may
be maintained or improved, but no major improvements or road
construction shall occur on the lands.
(2) In order to maintain its use as a natural wildlife
corridor and to provide for protection of existing resources,
no logging or hunting shall be allowed on the land.
(3) The Tribe may authorize tribal members to engage in
ceremonial and other treaty uses of these lands and existing
tribal treaty rights are not diminished by this Act.
(4) The Tribe shall survey the boundaries of the Federal
land and submit the survey to the National Park Service for
review and concurrence.
(b) Cooperative Efforts.--Congress urges the Secretary and the
Tribe to enter into written agreements on the following:
(1) Upon completion of the Tribe's proposed emergency fire
response building, Congress urges the parties to work toward
mutual aid agreements.
(2) The National Park Service and the Tribe shall work
collaboratively to provide opportunities for the public to
learn more about the culture and traditions of the Tribe.
(3) The land may be used for the development of a multi-
purpose, non-motorized trail from Highway 101 to the Pacific
Ocean. The parties agree to work cooperatively in the
development and placement of such trail.
SEC. 6. HOH INDIAN RESERVATION.
All lands taken into trust by the United States under this Act
shall be a part of the Hoh Indian Reservation.
SEC. 7. GAMING PROHIBITION.
No land taken into trust for the benefit of the Hoh Indian Tribe
under this Act shall be considered Indian lands for the purpose of the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). | Hoh Indian Tribe Safe Homelands Act - Directs the Secretary of the Interior to transfer certain federal and non-federal land to the Hoh Indian Tribe, to be held in trust by the United States for the benefit of the Tribe. Prohibits on such land: (1) the placement of commercial, residential, or industrial buildings; (2) logging and hunting activities; or (3) gaming. | To transfer certain land to the United States to be held in trust for the Hoh Indian Tribe, to place land into trust for the Hoh Indian Tribe, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights History Project Act of
2009''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds as follows:
(1) A fundamental principle of American democracy is that
individuals should stand up for their rights and beliefs and fight
for justice.
(2) The actions of those who participated in the Civil Rights
movement from the 1950s through the 1960s are a shining example of
this principle in action, demonstrated in events as varied as the
Montgomery Bus Boycott, the sit-ins, the Freedom Rides, the March
on Washington, the drive for voting rights in Mississippi, and the
March to Selma.
(3) While the Civil Rights movement had many visible leaders,
including Thurgood Marshall, Dr. Martin Luther King, Jr., and Rosa
Parks, there were many others whose impact and experience were just
as important to the cause but who are not as well known.
(4) The participants in the Civil Rights movement possess an
invaluable resource in their first-hand memories of the movement,
and the recording of the retelling of their stories and memories
will provide a rich, detailed history of our Nation during an
important and tumultuous period.
(5) It is in the Nation's interest to undertake a project to
collect oral histories of individuals from the Civil Rights
movement so future generations will be able to learn of their
struggle and sacrifice through primary-source, eyewitness material.
A coordinated Federal project would also focus attention on the
efforts undertaken by various public and private entities to
collect and interpret articles in all formats relating to the Civil
Rights movement, and serve as a model for future projects
undertaken in museums, libraries, and universities throughout the
Nation.
(6) The Library of Congress and the Smithsonian Institution are
appropriate repositories to collect, preserve, and make available
to the public a collection of these oral histories. The Library and
Smithsonian have expertise in the management of documentation
projects, and experience in the development of cultural and
educational programs for the public.
(b) Purpose.--It is the purpose of this Act to create a new
federally sponsored, authorized, and funded project that will
coordinate at a national level the collection of video and audio
recordings of personal histories and testimonials of individuals who
participated in the American Civil Rights movement that will build upon
and complement previous and ongoing documentary work on this subject,
and to assist and encourage local efforts to preserve the memories of
such individuals so that Americans of all current and future
generations may hear from them directly and better appreciate the
sacrifices they made.
SEC. 3. ESTABLISHMENT OF JOINT PROJECT AT LIBRARY OF CONGRESS AND
NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE TO COLLECT
VIDEO AND AUDIO RECORDINGS OF HISTORIES OF PARTICIPANTS IN AMERICAN
CIVIL RIGHTS MOVEMENT.
(a) Establishment of Project.--
(1) In general.--Within the limits of available funds, the
Librarian of Congress (hereafter referred to as the ``Librarian'')
and the Secretary of the Smithsonian Institution (hereafter
referred to as the ``Secretary)'', acting jointly, shall establish
an oral history project--
(A) to survey, during the initial phase of the project,
collections of audio and video recordings of the reminiscences
of participants in the Civil Rights movement that are housed in
archives, libraries, museums, and other educational
institutions, as well as ongoing documentary work, in order to
augment and complement these endeavors and avoid duplication of
effort;
(B) to solicit, reproduce, and collect--
(i) video and audio recordings of personal histories
and testimonials of individuals who participated in the
Civil Rights movement, and
(ii) visual and written materials (such as letters,
diaries, photographs, and ephemera) relevant to the
personal histories of individuals;
(C) to create a collection of the recordings and other
materials obtained, and to catalog and index the collection in
a manner the Librarian and the Secretary consider appropriate;
and
(D) to make the collection available for public use through
the Library of Congress and the National Museum of African
American History and Culture, as well as through such other
methods as the Librarian and the Secretary consider
appropriate.
(2) Role of director of museum.--The Secretary shall carry out
the Secretary's duties under this Act through the Director of the
National Museum of African American History and Culture.
(b) Use of and Consultation With Other Entities.--The Librarian and
the Secretary may carry out the activities described in subsection
(a)(1) through agreements and partnerships entered into with other
government and private entities, and may otherwise consult with
interested persons (within the limits of available resources) and
develop appropriate guidelines and arrangements for soliciting,
acquiring, and making available recordings under the project under this
Act.
(c) Services of Experts and Consultants; Acceptance of Volunteer
Services; Advance Payments.--In carrying out activities described in
subsection (a)(1), the Librarian and the Secretary may--
(1) procure temporary and intermittent services under section
3109 of title 5, United States Code;
(2) accept and utilize the services of volunteers and other
uncompensated personnel and reimburse them for travel expenses,
including per diem, as authorized under section 5703 of title 5,
United States Code; and
(3) make advances of money and payments in advance in
accordance with section 3324 of title 31, United States Code.
(d) Timing.--As soon as practicable after the enactment of this
Act, the Librarian and the Secretary shall begin collecting video and
audio recordings and other materials under subsection (a)(1), and shall
attempt to collect the first such recordings from the oldest
individuals involved.
(e) Definition.--In this Act, the term ``Civil Rights movement''
means the movement to secure racial equality in the United States for
African Americans that, focusing on the period 1954 through 1968,
challenged the practice of racial segregation in the Nation and
achieved equal rights legislation for all American citizens.
SEC. 4. PRIVATE SUPPORT FOR CIVIL RIGHTS HISTORY PROJECT.
(a) Encouraging Solicitation and Acceptance of Donations.--The
Librarian of Congress and the Secretary are encouraged to solicit and
accept donations of funds and in-kind contributions to support
activities under section 3.
(b) Dedication of Funds Provided to Library of Congress.--
Notwithstanding any other provision of law--
(1) any funds donated to the Librarian of Congress to support
the activities of the Librarian under section 3 shall be deposited
entirely into an account established for such purpose;
(2) the funds contained in such account shall be used solely to
support such activities; and
(3) the Librarian of Congress may not deposit into such account
any funds donated to the Librarian which are not donated for the
exclusive purpose of supporting such activities.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $500,000 for fiscal year 2010; and
(2) such sums as may be necessary for each of the fiscal years
2011 through 2014.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Civil Rights History Project Act of 2009 - Requires, within the limits of available funds, the Librarian of Congress and the Secretary of the Smithsonian Institution (acting through the Director of the National Museum of African American History and Culture) to establish an oral history project to: (1) collect video and audio recordings of, and visual and written materials relevant to the personal histories of, participants in the Civil Rights movement; and (2) make the collection available for public use through the Library of Congress and the Museum.
Defines, for this Act, "Civil Rights movement" as the movement to secure racial equality in the United States for African Americans that, focusing on the period 1954 through 1968, challenged the practice of racial segregation in the nation and achieved equal rights legislation for all American citizens.
Encourages the Librarian and the Secretary to solicit and accept related donations of funds and in-kind contributions.
Authorizes appropriations. | To direct the Librarian of Congress and the Secretary of the Smithsonian Institution to carry out a joint project at the Library of Congress and the National Museum of African American History and Culture to collect video and audio recordings of personal histories and testimonials of individuals who participated in the Civil Rights movement, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beach Protection Act of 2007''.
SEC. 2. BEACH WATER POLLUTION SOURCE IDENTIFICATION AND PREVENTION.
(a) In General.--Section 406 of the Federal Water Pollution Control
Act (33 U.S.C. 1346) is amended in each of subsections (b), (c), (d),
(g), and (h) by striking ``monitoring and notification'' each place it
appears and inserting ``monitoring, public notification, source
tracking, sanitary surveys, and prevention efforts to address the
identified sources of beachwater pollution''.
(b) Authorization of Appropriations.--Section 406(i) of the Federal
Water Pollution Control Act (33 U.S.C. 1346(i)) is amended by striking
``$30,000,000 for each of fiscal years 2001 through 2005'' and
inserting ``$60,000,000 for each of fiscal years 2007 through 2012''.
SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH
ACT.
Section 8 of the Beaches Environmental Assessment and Coastal
Health Act of 2000 (114 Stat. 877) is amended by striking ``2005'' and
inserting ``2012''.
SEC. 4. STATE REPORTS.
Section 406(b)(3)(A)(ii) of the Federal Water Pollution Control Act
(33 U.S.C. 1346(b)(3)(A)(ii)) is amended by inserting ``and all
environmental agencies of the State with authority to prevent or treat
sources of beachwater pollution'' after ``public''.
SEC. 5. USE OF RAPID TESTING METHODS.
(a) Contents of State and Local Government Programs.--Section
406(c)(4)(A) of the Federal Water Pollution Control Act (33 U.S.C.
1346(c)(4)(A)) is amended by inserting ``, including the use of a rapid
testing method after the last day of the 1-year period following the
date of approval of the rapid testing method by the Administrator''
before the semicolon at the end.
(b) Revised Criteria.--Section 304(a)(9) of the Federal Water
Pollution Control Act (33 U.S.C. 1314(a)(9)) is amended--
(1) by inserting ``rapid'' before ``testing''; and
(2) by striking ``, as appropriate''.
(c) Definition.--Section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362) is amended by adding at the end the following:
``(25) Rapid testing method.--The term `rapid testing
method' means a method of testing for which results are
available within 2 hours.''.
SEC. 6. PROMPT COMMUNICATION WITH STATE ENVIRONMENTAL AGENCIES.
Section 406(c)(5) of the Federal Water Pollution Control Act (33
U.S.C. 1346(c)(5)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``prompt communication'' and inserting ``communication within
24 hours of the receipt of the results of a water quality
sample'';
(2) in subparagraph (A), by striking ``and'' at the end;
(3) in subparagraph (B), by inserting ``and'' after the
semicolon at the end; and
(4) by adding at the end the following:
``(C) all agencies of the State government with
authority to require the prevention or treatment of the
sources of beachwater pollution;''.
SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS.
Section 406(c) of the Federal Water Pollution Control Act (33
U.S.C. 1346(c)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting a semicolon;
(3) by adding at the end the following:
``(8) measures to develop and implement a beachwater
pollution source identification and tracking program for the
coastal recreation waters that are not meeting applicable water
quality standards for pathogens;
``(9) a publicly accessible and searchable global
information system database with information updated within 24
hours of the availability of the information, organized by
beach and with defined standards, sampling plan, monitoring
protocols, sampling results, and number and cause of beach
closing and advisory days; and
``(10) measures to ensure that closures or advisories are
made or issued within 24 hours after the State government
determines that any coastal recreation waters in the State are
not meeting or are not expected to meet applicable water
quality standards for pathogens.''.
SEC. 8. COMPLIANCE REVIEW.
Section 406(h) of the Federal Water Pollution Control Act (33
U.S.C. 1346(h)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting the
subparagraphs appropriately;
(2) by striking ``In the'' and inserting the following:
``(1) In general.--In the''; and
(3) by adding at the end the following:
``(2) Compliance review.--On or before July 31 of each
calendar year beginning after the date of enactment of this
paragraph, the Administrator shall--
``(A) prepare a written assessment of compliance
with all statutory and regulatory requirements of this
section for each State and local government and of
compliance with conditions of each grant made under
this section to a State or local government;
``(B) notify the State or local government of the
assessment; and
``(C) make each of the assessments available to the
public in a searchable database on or before December
31 of the calendar year.
``(3) Corrective action.--
``(A) In general.--Any State or local government
that the Administrator notifies under paragraph (2)
that the State or local government is not in compliance
with any requirement or grant condition described in
paragraph (2) shall take such action as is necessary to
comply with the requirement or condition by not later
than 1 year after the date of the notification.
``(B) Noncompliance.--If the State or local
government is not in compliance with such a requirement
or condition by the date that is 1 year after the
deadline specified in subparagraph (A), any grants made
under subsection (b) to the State or local government,
after the last day of the 1-year period and while the
State or local government is not in compliance with all
requirements and grant conditions described in
paragraph (2), shall require a Federal share of not to
exceed 50 percent.
``(4) GAO review.--Not later than December 31 of the third
calendar year beginning after the date of enactment of this
paragraph, the Comptroller General of the United States shall--
``(A) conduct a review of the activities of the
Administrator under paragraphs (2) and (3) during the
first and second calendar years beginning after that
date of enactment; and
``(B) submit to Congress a report on the results of
the review.''. | Beach Protection Act of 2007 - Amends the Federal Water Pollution Control Act (popularly known as the Clean Water Act) to include among eligible grant activities the development and implementation of programs for source tracking, sanitary surveys, and prevention efforts to address the identified sources of beach water pollution. Authorizes appropriations for such grants for FY2007-FY2012.
Requires grant recipients to identify: (1) the use of a rapid testing method; (2) measures for communication within 24 hours of the results of a water sample concerning pollutants to specified officials and all state agencies with authority to require the prevention or treatment of the sources of beach water pollution; (3) measures to develop and implement a beach water pollution source identification and tracking program for the coastal recreation waters that are not meeting applicable water quality standards for pathogens; (4) a publicly accessible and searchable global information system database with information updated within 24 hours of its availability, organized by beach and with defined standards, sampling plan, monitoring protocols, sampling results, and number and cause of beach closing and advisory days; and (5) measures to ensure that closures or advisories are made or issued within 24 hours after a state government determines that its coastal recreation waters are not meeting applicable water quality standards for pathogens.
Sets forth provisions requiring: (1) a review by the Environmental Protection Agency (EPA) Administrator of state and local compliance with statutory and regulatory requirements and grant conditions; (2) corrective actions by such governments not in compliance; and (3) a review by the Comptroller General such compliance review and corrective action.
Amends the Beaches Environmental Assessment and Coastal Health Act of 2000 to authorize appropriations to carry out such Act through FY2012. | A bill to amend the Federal Water Pollution Control Act to modify provisions relating to beach monitoring, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bangladeshi Adjustment Act''.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF BANGLADESH.
(a) Adjustment of Status.--
(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Attorney General to
that of an alien lawfully admitted for permanent residence, if
the alien--
(A) applies for such adjustment before July 1,
2001; and
(B) is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
shall not apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition of submitting or granting such
application, to file a separate motion to reopen, reconsider,
or vacate such order. If the Attorney General grants the
application, the Attorney General shall cancel the order. If
the Attorney General renders a final administrative decision to
deny the application, the order shall be effective and
enforceable to the same extent as if the application had not
been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided by subsection (a)
shall apply to any alien who is a national of Bangladesh and
who has been physically present in the United States for a
continuous period, beginning not later than July 1, 1989, and
ending not earlier than the date the application for adjustment
under such subsection is filed, except an alien shall not be
considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the United
States for any periods in the aggregate not exceeding 180 days.
(2) Proof of commencement of continuous presence.--For
purposes of establishing that the period of continuous physical
presence referred to in paragraph (1) commenced not later than
July 1, 1989, an alien--
(A) shall demonstrate that the alien, prior to July
1, 1989--
(i) performed service, or engaged in a
trade or business, within the United States
which is evidenced by records maintained by the
Commissioner of Social Security; or
(ii) applied for any benefit under the
Immigration and Nationality Act by means of an
application establishing the alien's presence
in the United States prior to July 1, 1989; or
(B) shall make such other demonstration of physical
presence as the Attorney General may provide for by
regulation.
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal to seek a stay of such order based on the filing of
an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and has applied for
adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the
alien with an ``employment authorized'' endorsement or other
appropriate document signifying authorization of employment,
except that if such application is pending for a period
exceeding 180 days, and has not been denied, the Attorney
General shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--The status of an alien shall be adjusted
by the Attorney General to that of an alien lawfully admitted
for permanent residence, if--
(A) the alien is a national of Bangladesh;
(B) the alien is the spouse, child, or unmarried
son or daughter, of an alien whose status is adjusted
to that of an alien lawfully admitted for permanent
residence under subsection (a), except that in the case
of such an unmarried son or daughter, the son or
daughter shall be required to establish that they have
been physically present in the United States for a
continuous period, beginning not later than July 1,
1989, and ending not earlier than the date the
application for adjustment under this subsection is
filed;
(C) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed;
(D) the alien is otherwise admissible to the United
States for permanent residence, except in determining
such admissibility the grounds for exclusion specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
shall not apply; and
(E) applies for such adjustment before July 1,
2001.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(B), an alien--
(A) shall demonstrate that such period commenced
not later than July 1, 1989, in a manner consistent
with subsection (b)(2); and
(B) shall not be considered to have failed to
maintain continuous physical presence by reason of an
absence, or absences, from the United States for any
period in the aggregate not exceeding 180 days.
(e) Fee.--The Attorney General shall impose a fee of $1,000 on each
alien filing an application for adjustment of status under this
section.
(f) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(g) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this section is final and shall not be subject to review by any court.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this section. Nothing contained in this
section shall be held to repeal, amend, alter, modify, affect, or
restrict the powers, duties, functions, or authority of the Attorney
General in the administration and enforcement of such Act or any other
law relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking such status under any other provision
of law for which the alien may be eligible. | Bangladeshi Adjustment Act - Provides for the permanent resident status adjustment of certain Bangladesh nationals residing in the United States. | Bangladeshi Adjustment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety, Accountability, and Funding
Efficiency for Transportation Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) to ensure that taxpayers receive safe, high quality
transportation services at the best possible price, a
government agency carrying out a surface transportation project
should conduct a cost-benefit analysis before procuring
architectural, engineering, and related services from a private
contractor; and
(2) by conducting the cost-benefit analysis, a government
agency will be able to determine if it is cost effective and in
the public interest to use a private contractor or government
employees in procuring such services.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Architectural, engineering, and related services.--The
term ``architectural, engineering, and related services'' means
architectural, landscape architectural, environmental,
engineering, land surveying, construction project management,
and construction inspection services and services related to
permitting and environmental studies, the preparation of plans,
specifications, and estimates, and the acquisition of rights-
of-way.
(2) Private contract.--The term ``private contract'' means
an agreement between a government agency and a private
contractor.
(3) Government agency.--The term ``government agency''
means a State, local, regional, interregional, or other
governmental entity that receives Federal funds to carry out
surface transportation projects.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Surface transportation project.--The term ``surface
transportation project'' means a project eligible for
assistance under title 23, United States Code, a capital
project (as defined in section 5302 of title 49, United States
Code), and any other project related to surface transportation
that the Secretary determines appropriate.
SEC. 4. COST-BENEFIT ANALYSIS.
(a) In General.--For fiscal year 2005 and each fiscal year
thereafter, Federal funds made available to carry out a surface
transportation project may be used by a government agency to enter into
a private contract of $100,000 or more to procure architectural,
engineering, and related services only if the government agency
conducts a cost-benefit analysis for the private contract in accordance
with the requirements of this section.
(b) Components.--A cost-benefit analysis conducted by a government
agency for a private contract under subsection (a) shall contain, at a
minimum, the following:
(1) A description of the services to be performed under the
private contract.
(2) An estimate of the cost of procuring the services under
the private contract, including the price of the contract, the
cost to the government agency of negotiating and awarding the
contract, and the cost to the government agency of inspecting,
supervising, monitoring, and overseeing the contract.
(3) An estimate of the cost of having the services
performed by the government agency (or a government agency
assisting such agency), including staff salaries and benefits,
office facilities and space, equipment and materials, and other
costs that can be reasonably attributed to the performance of
the services and that would not be otherwise be incurred by the
government agency.
(4) A determination as to whether the services would be
procured more quickly by entering into the private contract or
by having the services performed by the government agency (or a
government agency assisting such agency).
(5) A determination as to whether the government agency
will provide equipment and materials under the private contract
and an estimate of the cost of any such equipment and
materials.
(6) An estimate of the cost of unemployment compensation or
other benefits likely to be paid to any employees of the
government agency displaced as a result of the private
contract.
(7) An estimate of the cost to the government agency of
resuming performance of the service to be performed under the
private contract.
SEC. 5. MATERIALS TO ACCOMPANY COST-BENEFIT ANALYSIS.
(a) In General.--If, after conducting a cost-benefit analysis for a
private contract under section 4, a government agency finds that the
benefits of entering into the contract outweigh the costs, the agency
shall also prepare for the contract the materials required by this
section.
(b) Performance History.--The materials to be prepared under
subsection (a) shall include a performance history of the private
contractor. Such history shall include, at a minimum, the following:
(1) A description of any work performed for the government
agency by the private contractor in the preceding 5-year period
or, if such work was not performed, a description of any work
performed for other government agencies by the private
contractor in such 5-year period.
(2) With respect to each private contract to which
paragraph (1) applies, the amount of funds originally committed
by the government agency under the contract and the amount of
funds actually expended by the government agency under the
contract.
(3) With respect to each private contract to which
paragraph (1) applies, deadlines originally established for all
work performed under the contract and the actual date or dates
on which performance of the work was completed.
(4) Any citations, court findings, or administrative
findings against the private contractor for a violation of
applicable Federal, State, and local laws, including laws
governing environmental protection, employee safety and health,
labor relations, and other employment requirements.
(5) Documentation to substantiate that the qualifications,
experience, and expertise of the employees to be utilized by
the private contractor under the private contract, including
subcontractors, are at least equal to that of the government
agency employees who could be providing the services.
(c) Political Contribution History.--The materials to be prepared
under subsection (a) shall include a political contribution history of
the private contractor. Such history shall include, at a minimum, a
listing of all contributions made by the private contractor to
political parties and candidates for political office in the preceding
5-year period.
(d) Certification of Performance Bond.--The materials to be
prepared under subsection (a) shall include a certification by the
government agency that the agency will receive from the private
contractor a performance bond or similar instrument that ensures the
performance of the contractor under the private contract.
SEC. 6. DISCLOSURE OF RESULTS OF COST-BENEFIT ANALYSIS.
If, after conducting a cost-benefit analysis for a private contract
under section 4 and preparing the accompanying materials under section
5, a government agency finds that it is in the public interest to enter
into the contract, the agency shall, at least 30 days before entering
into the contract--
(1) submit the results and accompanying materials to the
Secretary for review;
(2) provide the results and accompanying materials to any
individual or entity that registers with the agency to receive
the results; and
(3) make the results and accompanying materials available
for public inspection, including publication of the results on
the Internet.
SEC. 7. COMMENTS.
In the 15-day period following the date of publication by a
government agency of the results of a cost-benefit analysis for a
private contract under section 4--
(1) employees of the agency and other interested parties
may submit to the agency written comments refuting the accuracy
of results; and
(2) employees of the agency may submit to the agency a
competitive bid to provide the services that would otherwise be
performed under the contract.
SEC. 8. USE OF QUALIFICATION-BASED SELECTION CRITERIA.
In procuring architectural, engineering, and related services from
private sources using Federal funds as part of a surface transportation
project, a government agency shall use the procedures for procuring
architectural and engineering services under chapter 11 of title 40,
United States Code, or equivalent State qualifications-based
requirements.
SEC. 9. SPECIALTY, EMERGENCY, TEMPORARY WORK.
Upon the request of a government agency, the Secretary may waive
the application of this Act with respect to a private contract if the
Secretary determines that the government agency cannot perform the work
to be conducted under the contract with existing or additional
government employees because the work is of an emergency, specialty, or
intermittent nature and would likely cause regular periods of
underutilization of government employees<plus-minus>. | Safety, Accountability, and Funding Efficiency for Transportation Act of 2003 - Requires government agencies to prepare cost benefit analyses before entering any private contract of $100,000 or more to procure private sector architectural, engineering, and related services for a surface transportation project.
Prescribes components of such cost benefit analysis, as well as accompanying materials including the performance history and political contribution history of the private contractor.
Prescribes procedural guidelines for mandatory public disclosure of the results of such cost-benefit analysis. | To require government agencies carrying out surface transportation projects to conduct a cost-benefit analysis before procuring architectural, engineering, and related services from a private contractor, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors Mental Health Access
Improvement Act of 2001''.
SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES UNDER PART
B.
(a) Coverage of Services.--Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395x(s)(2)), as amended by sections 102(a) and
105(a) of othe Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000 (as enacted into law by section 1(a)(6) of
Public Law 106-554), is amended--
(1) in subparagraph (U), by striking ``and'' at the end;
(2) in subparagraph (V), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(W) marriage and family therapist services (as
defined in subsection (ww)(1));''.
(b) Definition.--Section 1861 of such Act (42 U.S.C. 1395x), as
amended by sections 102(b) and 105(b) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into
law by section 1(a)(6) of Public Law 106-554), is amended by adding at
the end thereof the following new subsection:
``Marriage and Family Therapist Services
``(ww)(1) The term `marriage and family therapist services' means
services performed by a marriage and family therapist (as defined in
paragraph (2)) for the diagnosis and treatment of mental illnesses,
which the marriage and family therapist is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) of the State in which such services are performed, as would
otherwise be covered if furnished by a physician or as an incident to a
physician's professional service, but only if no facility or other
provider charges or is paid any amounts with respect to the furnishing
of such services.
``(2) The term `marriage and family therapist' means an individual
who--
``(A) possesses a master's or doctoral degree which
qualifies for licensure or certification as a marriage and
family therapist pursuant to State law;
``(B) after obtaining such degree has performed at least
two years of clinical supervised experience in marriage and
family therapy; and
``(C) in the case of an individual performing services in a
State that provides for licensure or certification of marriage
or family therapists, is licensed or certified as a marriage
and family therapist in such State.''.
(c) Provision for Payment Under Part B.--Section 1832(a)(2)(B) of
such Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the
following new clause:
``(v) marriage and family therapist
services;''.
(d) Amount of Payment.--Section 1833(a)(1) of such Act (42 U.S.C.
13951(a)(1)), as amended by sections 105(c) and 223(c) of othe
Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act
of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554)
is amended--
(1) by striking ``and (U)'' and inserting ``(U)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (V) with respect to marriage and family
therapist services under section 1861(s)(2)(W), the amounts
paid shall be 80 percent of the lesser of the actual charge for
the services or 75 percent of the amount determined for payment
of a psychologist under clause (L)''.
(e) Exclusion of Marriage and Family Therapist Services From
Skilled Nursing Facility Prospective Payment System.--Section
1888(e)(2)(A)(ii) of such Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is
amended by inserting ``marriage and family therapist services,'' after
``qualified psychologist services,''.
(f) Inclusion of Marriage and Family Therapists as Practitioners
for Assignment of Claims.--Section 1842(b)(18)(C) of such Act (42
U.S.C. 1395u(b)(18(C)), as amended by section 105(d) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, as
enacted into law by section 1(a)(6) of Public Law 106-554, is amended
by adding at the end the following new clause:
``(vii) A marriage and family therapist (as defined in
section 1861(ww)(2)).''.
SEC. 3. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES PROVIDED IN
CERTAIN SETTINGS.
(a) Rural Health Clinics.--Section 1861(aa)(1)(B) of the Social
Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by inserting ``, by
a marriage and family therapist (as defined in subsection (ww)(2)),''
after ``by a clinical psychologist (as defined by the Secretary)''.
(b) Hospice Programs.--Section 1861(dd)(2)(B)(i)(III) of such Act
(42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``or
marriage and family therapist (as defined in subsection (ww)(2))''
after ``social worker''.
SEC. 4. AUTHORIZATION OF MARRIAGE AND FAMILY THERAPISTS TO DEVELOP
DISCHARGE PLANS FOR POST-HOSPITAL SERVICES.
Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C.
1395x(ee)(2)(G)) is amended by inserting ``marriage and family
therapist (as defined in subsection (ww)(2)),'' after ``social
worker,''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act apply with respect to services
furnished on or after January 1, 2002. | Seniors Mental Health Access Improvement Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for coverage under Medicare part B (Supplementary Medical Insurance) of marriage and family therapist services generally, particularly services provided in rural health clinics and in hospice programs.Amends SSA title XVIII part D (Miscellaneous) to provide for the exclusion of such services from the skilled nursing facility prospective payment system.Authorizes marriage and family therapists to develop discharge plans for post-hospital services. | To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services under part B of the Medicare Program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer's Defense Act''.
SEC. 2. MANDATORY CONGRESSIONAL REVIEW.
Chapter 8 of title 5, United States Code, is amended by inserting
after section 808 the following:
``SUBCHAPTER II--MANDATORY REVIEW OF CERTAIN RULES
``Sec. 815. Rules subject to mandatory congressional review
``(a) In this section, the term `tax' means a non-penal, mandatory
payment of money or its equivalent to the extent such payment does not
compensate the Federal Government or other payee for a specific benefit
conferred directly on the payer.
``(b) A rule that establishes or increases a tax, however
denominated, shall not take effect before the date of the enactment of
a bill described in section 816 and is not subject to review under
subchapter I. This section does not apply to a rule promulgated under
the Internal Revenue Code of 1986.
``Sec. 816. Agency submission
``Whenever an agency promulgates a rule subject to section 815, the
agency shall submit to each House of Congress a report containing the
text of only the part of the rule that causes the rule to be subject to
section 815 and an explanation of that part. An agency shall submit
such a report separately for each such rule the agency promulgates. The
explanation shall consist of the concise general statement of the
rule's basis and purpose required under section 553 and such
explanatory documents as are mandated by other statutory requirements.
``Sec. 817. Approval bill
``(a)(1) Not later than 3 legislative days after the date on which
an agency submits a report under section 816, the Majority Leader of
each House of Congress shall introduce (by request) a bill the matter
after the enacting clause of which is as follows: `The following agency
rule may take effect:'. The text submitted under section 816 shall be
set forth after the colon. If such a bill is not introduced in a House
of Congress as provided in the first sentence of this subsection, any
Member of that House may introduce such a bill not later than 7
legislative days after the period for introduction by the Majority
Leader.
``(2) A bill introduced under paragraph (1) shall be referred to
the Committees in each House of Congress with jurisdiction over the
subject matter of the rule involved.
``(b)(1)(A) Any committee of the House of Representatives to which
a bill is referred shall report the bill without amendment, and with or
without recommendation, not later than the 30th calendar day of session
after the date of its introduction. If any committee fails to report
the bill within that period, it is in order to move that the House
discharge the committee from further consideration of the bill. A
motion to discharge may be made only by a Member favoring the bill (but
only at a time designated by the Speaker on the legislative day after
the calendar day on which the Member offering the motion announces to
the House that Member's intention to do so and the form of the motion).
The motion is highly privileged. Debate thereon shall be limited to not
more than 1 hour, the time to be divided in the House equally between
the proponent and an opponent. The previous question shall be
considered as ordered on the motion to its adoption without intervening
motion. A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order.
``(B) After a bill is reported or a committee has been discharged
from further consideration, it is in order to move that the House
resolve into the Committee of the Whole House on the State of the Union
for consideration of the bill. If reported and the report has been
available for at least 1 calendar day, all points of order against the
bill and against consideration of the bill are waived. If discharged,
all points of order against the bill and against consideration of the
bill are waived. The motion is highly privileged. A motion to
reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. During consideration of the bill in the
Committee of the Whole, the first reading of the bill shall be
dispensed with. General debate shall proceed, shall be confined to the
bill, and shall not exceed 1 hour equally divided and controlled by a
proponent and an opponent of the bill. After general debate, the bill
shall be considered as read for amendment under the 5-minute rule. At
the conclusion of the consideration of the bill, the Committee shall
rise and report the bill to the House without intervening motion. The
previous question shall be considered as ordered on the bill to final
passage without intervening motion. A motion to reconsider the vote on
passage of the bill shall not be in order.
``(C) Appeals from decisions of the Chair regarding application of
the rules of the House of Representatives to the procedure relating to
a bill shall be decided without debate.
``(2)(A) Any bill introduced in the Senate shall be referred to the
appropriate committee or committees. A committee to which a bill has
been referred shall report the bill without amendment not later than
the 30th day of session following the date of introduction of that
bill. If any committee fails to report the bill within that period,
that committee shall be automatically discharged from further
consideration of the bill and the bill shall be placed on the calendar.
``(B) When the Senate receives from the House of Representatives a
bill, such bill shall not be referred to committee and shall be placed
on the calendar.
``(C) A motion to proceed to consideration of a bill under this
subsection shall not be debatable. It shall not be in order to move to
reconsider the vote by which the motion to proceed was adopted or
rejected, although subsequent motions to proceed may be made under this
paragraph.
``(D)(i) After no more than 10 hours of consideration of a bill,
the Senate shall proceed, without intervening action or debate (except
as permitted under subparagraph (F)), to vote on the final disposition
thereof to the exclusion of all motions, except a motion to reconsider
or to table.
``(ii) A single motion to extend the time for consideration under
clause (i) for no more than an additional 5 hours is in order before
the expiration of such time and shall be decided without debate.
``(iii) The time for debate on the disapproval bill shall be
equally divided between the Majority Leader and the Minority Leader or
their designees.
``(E) A motion to recommit a bill shall not be in order.
``(F) If the Senate has read for the third time a bill that
originated in the Senate, then it shall be in order at any time
thereafter to move to proceed to the consideration of a bill for the
same special message received from the House of Representatives and
placed on the calendar under subparagraph (B), strike all after the
enacting clause, substitute the text of the Senate bill, agree to the
Senate amendment, and vote on final disposition of the House bill, all
without any intervening action or debate.
``(G) Consideration in the Senate of all motions, amendments, or
appeals necessary to dispose of a message from the House of
Representatives on a bill shall be limited to not more than 4 hours.
Debate on each motion or amendment shall be limited to 30 minutes.
Debate on any appeal or point of order that is submitted in connection
with the disposition of the House message shall be limited to 20
minutes. Any time for debate shall be equally divided and controlled by
the proponent and the majority manager, unless the majority manager is
a proponent of the motion, amendment, appeal, or point of order, in
which case the minority manager shall be in control of the time in
opposition.''.
SEC. 3. TECHNICAL AMENDMENTS.
(a) Subchapter Heading.--Chapter 8 of title 5, United States Code,
is amended by inserting before section 801 the following:
``SUBCHAPTER I--DISCRETIONARY CONGRESSIONAL REVIEW''.
(b) Table of Sections.--The table of sections for chapter 8 of
title 5, United States Code, is amended by inserting before the
reference to section 801 the following:
``subchapter i--discretionary congressional review'';
and by inserting after the reference to section 808 the following:
``subchapter ii--mandatory review of certain rules
``815. Rules subject to mandatory congressional review.
``816. Agency submission.
``817. Approval bill.''.
(c) Reference.--Section 804 of title 5, United States Code, is
amended by striking ``this chapter'' and inserting ``this subchapter''. | Outlines introduction, referral, and consideration procedures for approval of the bill. | Taxpayer's Defense Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Phantom Fuel Reform Act''.
SEC. 2. CELLULOSIC BIOFUEL REQUIREMENT.
(a) Provision of Estimate of Volumes of Cellulosic Biofuel.--
Section 211(o)(3)(A) of the Clean Air Act (42 U.S.C. 7545(o)(3)(A)) is
amended--
(1) by striking ``Not later than'' and inserting the
following:
``(i) In general.--Not later than''; and
(2) by adding at the end the following:
``(ii) Estimation method.--
``(I) In general.--In determining
any estimate under clause (i), with
respect to the following calendar year,
of the projected volume of cellulosic
biofuel production (as described in
paragraph (7)(D)(i)), the Administrator
of the Energy Information
Administration shall--
``(aa) for each cellulosic
biofuel production facility
that is producing (and
continues to produce)
cellulosic biofuel during the
period of January 1 through
October 31 of the calendar year
in which the estimate is made
(in this clause referred to as
the `current calendar year')--
``(AA) determine
the average monthly
volume of cellulosic
biofuel produced by
such facility, based on
the actual volume
produced by such
facility during such
period; and
``(BB) based on
such average monthly
volume of production,
determine the estimated
annualized volume of
cellulosic biofuel
production for such
facility for the
current calendar year;
and
``(bb) for each cellulosic
biofuel production facility
that begins initial production
of (and continues to produce)
cellulosic biofuel after
January 1 of the current
calendar year--
``(AA) determine
the average monthly
volume of cellulosic
biofuel produced by
such facility, based on
the actual volume
produced by such
facility during the
period beginning on the
date of initial
production of
cellulosic biofuel by
the facility and ending
on October 31 of the
current calendar year;
and
``(BB) based on
such average monthly
volume of production,
determine the estimated
annualized volume of
cellulosic biofuel
production for such
facility for the
current calendar year.
``(II) Total production.--An
estimate under clause (i) with respect
to the following calendar year of the
projected volume of cellulosic biofuel
production (as described in paragraph
(7)(D)(i)), shall be equal to the total
of the estimated annual volumes of
cellulosic biofuel production for all
cellulosic biofuel production
facilities described in subclause (I)
for the current calendar year.''.
(b) Reduction in Applicable Volume.--Section 211(o)(7)(D)(i) of the
Clean Air Act (42 U.S.C. 7545(o)(7)(D)(i)) is amended--
(1) in the first sentence, by striking ``based on the'' and
inserting ``using the exact''; and
(2) in the second sentence--
(A) by striking ``may'' and inserting ``shall'';
and
(B) by striking ``same or a lesser volume'' and
inserting ``same volume''.
(c) Definition of Cellulosic Biofuel.--Section 211(o)(1)(E) of the
Clean Air Act (42 U.S.C. 7545(o)(1)(E)) is amended--
(1) by striking ``The term'' and inserting the following:
``(i) In general.--The term''; and
(2) by adding at the end the following:
``(ii) Exclusions.--The term `cellulosic
biofuel' does not include any compressed
natural gas, liquefied natural gas, or
electricity used to power electric vehicles
that is produced from biogas from--
``(I) a landfill;
``(II) a municipal wastewater
treatment facility digester;
``(III) an agricultural digester;
or
``(IV) a separated municipal solid
waste digester.''.
(d) Regulation of Cellulosic and Advanced Fuel Pathways.--
(1) In general.--Those provisions of the final rule of the
Administrator of the Environmental Protection Agency entitled
``Regulation of Fuels and Fuel Additives: RFS Pathways II, and
Technical Amendments to the RFS Standards and E15 Misfueling
Mitigation Requirements'' (79 Fed. Reg. 42128 (July 18, 2014))
relating to existing and new cellulosic biofuel pathways under
the renewable fuel standard under section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)) and that conflict with the
amendments made by subsection (c) shall have no force or
effect.
(2) Reissuance.--The Administrator of the Environmental
Protection Agency shall reissue the rule described in paragraph
(1) to conform the rule to the amendments made by subsection
(c).
(e) Cellulosic Biofuel Mandate.--In section 211(o)(2)(B)(i) of the
Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)), in the table following
subclause (III), strike the applicable volume of cellulosic biofuel (in
billions of gallons) relating to calendar year 2014. | Phantom Fuel Reform Act This bill amends the Clean Air Act to revise the renewable fuel standard program. Beginning on January 1, 2015, the renewable fuel that is required to be blended into gasoline must be advanced biofuel, which cannot be ethanol derived from corn starch. This bill revises the renewable fuel standards by decreasing the total volume of renewable fuel that must be contained in gasoline sold or introduced into commerce for years 2015 through 2022. The Environmental Protection Agency (EPA) must determine the target amount of cellulosic biofuel to be blended into transportation fuel based on the actual volume of cellulosic biofuel produced in the current year. The EPA must reduce the required volume of renewable fuel in transportation fuel by the same volume of cellulosic biofuel in the fuel. Cellulosic biofuel does not include any compressed natural gas, liquefied natural gas, or electricity used to power electric vehicles that is produced from biogas from a landfill, a municipal wastewater treatment facility digester, an agricultural digester, or a separated municipal solid waste digester. | Phantom Fuel Reform Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Access to Rides Act''.
SEC. 2. GRANTS FOR LOW-INCOME CAR OWNERSHIP PROGRAMS.
(a) In General.--Section 403(a) of the Social Security Act (42
U.S.C. 603(a)) is amended by adding at the end the following:
``(6) Grants for low-income car ownership programs.--
``(A) Purposes.--The purposes of this paragraph are
to--
``(i) assist low-income families obtain
dependable, affordable automobiles to improve
their employment opportunities and access to
training; and
``(ii) provide incentives to States, Indian
tribes or tribal organizations, localities, and
nonprofit entities to develop and administer
programs that provide assistance with
automobile ownership for low-income families.
``(B) Definitions.--In this paragraph:
``(i) Locality.--The term `locality' means
a municipality that does not administer a State
program funded under this part.
``(ii) Low-income families.--The term `low-
income families' means families with total
income of not more than 200 percent of the
poverty line (as defined in section 673(2) of
the Omnibus Budget Reconciliation Act of 1981,
including any revision required by such section
applicable to a family of the size involved).
``(iii) Nonprofit entity.--The term
`nonprofit entity' means a school, local
agency, organization, or institution owned and
operated by 1 or more nonprofit corporations or
associations, no part of the net earnings of
which inures, or may lawfully inure, to the
benefit of any private shareholder or
individual.
``(C) Authority to award grants.--The Secretary may
award grants to States, counties, localities, Indian
tribes or tribal organizations, and nonprofit entities
to promote improving access to dependable, affordable
automobiles by low-income families.
``(D) Grant approval criteria.--The Secretary shall
establish criteria for approval of an application for a
grant under this paragraph that include consideration
of--
``(i) the extent to which the proposal, if
funded, is likely to improve access to training
and employment opportunities and child care
services by low-income families by means of car
ownership;
``(ii) the level of innovation in the
applicant's grant proposal; and
``(iii) any partnerships between the public
and private sector in the applicant's grant
proposal.
``(E) Use of funds.--
``(i) In general.--A grant awarded under
this paragraph shall be used to administer
programs that assist low-income families with
dependable automobile ownership, and
maintenance of, or insurance for, the purchased
automobile.
``(ii) Supplement not supplant.--Funds
provided to a State, Indian tribe or tribal
organization, county, or locality under a grant
awarded under this paragraph shall be used to
supplement and not supplant other State,
county, or local public funds expended for car
ownership programs.
``(iii) General rules governing use of
funds.--The rules of section 404, other than
subsection (b) of that section, shall not apply
to a grant made under this paragraph.
``(iv) Rule of interpretation.--For
purposes of any requirement, limitation, or
prohibition imposed on an individual or family
by or pursuant to this part, assistance
provided to a low-income family pursuant to a
program referred to in clause (i) shall not be
considered assistance under a State program
funded under this part.
``(F) Application.--Each applicant desiring a grant
under this paragraph shall submit an application to the
Secretary at such time, in such manner, and accompanied
by such information as the Secretary may reasonably
require.
``(G) Reversion of funds.--Any funds paid from to a
grant made under this paragraph that are not expended
within 3 years after the date the grant is awarded
shall be available for redistribution among other
grantees in such manner and amount as the Secretary may
determine, unless the Secretary extends by regulation
the time period to expend the funds.
``(H) Limitation on administrative costs of the
secretary.--Not more than an amount equal to 5 percent
of the funds appropriated to make grants under this
paragraph for a fiscal year shall be expended for
administrative costs of the Secretary in carrying out
this paragraph.
``(I) Evaluation.--The Secretary shall, by grant,
contract, or interagency agreement, conduct an
evaluation of the programs administered with grants
awarded under this paragraph.
``(J) Limitations on authorization of
appropriations.--There are authorized to be
appropriated to the Secretary for grants under this
paragraph $50,000,000 for each of fiscal years 2006
through 2010.''.
(b) Authority to Use Funds in Individual Development Accounts for
Car Ownership, Maintenance, and Insurance.--
(1) Accounts established under the tanf program.--
(A) Additional qualified purpose for use of
funds.--Section 404(h)(2)(B) of the Social Security Act
(42 U.S.C. 604(h)(2)(B)) is amended by adding at the
end the following:
``(iv) Qualified automotive expenditures.--
Qualified automotive expenditures paid from an
individual development account directly to the
persons to whom the amounts are due.''.
(B) Definition.--Section 404(h)(5) of the Social
Security Act (42 U.S.C. 604(h)(5)) is amended by adding
at the end the following:
``(J) Qualified automotive expenditures.--The term
`qualified automotive expenditures' means expenditures
for the purchase or maintenance of an automobile, or
for insurance for an automobile.''.
(2) Accounts established under the assets for independence
program.--Section 404(8) of the Assets for Independence Act (42
U.S.C. 604 note) is amended by adding at the end the following:
``(E) Qualified automotive expenditures.--
``(i) In general.--Qualified automotive
expenditures paid from an individual
development account directly to the persons to
whom the amounts are due.
``(ii) Definition.--In clause (i), the term
`qualified automotive expenditures' means
expenditures for the purchase or maintenance of
an automobile, or for insurance for an
automobile.''. | Creating Access to Rides Act - Amends title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to authorize the Secretary of Health and Human Serivces to award grants to States, counties, localities, Indian tribes or tribal organizations, and nonprofit entities to promote programs that provide assistance with ownership by low-income families of dependable, affordable automobiles to improve their employment opportunities and access to training.
Authorizes the use of funds in TANF individual development accounts for automobile ownership, maintenance, and insurance. | To authorize the Secretary of Health and Human Services to make grants to improve access to dependable, affordable automobiles by low-income families. |
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