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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arbitration Fairness Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Federal Arbitration Act (now enacted as chapter 1
of title 9 of the United States Code) was intended to apply to
disputes between commercial entities of generally similar
sophistication and bargaining power.
(2) A series of decisions by the Supreme Court of the
United States have changed the meaning of the Act so that it
now extends to consumer disputes and employment disputes.
(3) Most consumers and employees have little or no
meaningful choice whether to submit their claims to
arbitration. Often, consumers and employees are not even aware
that they have given up their rights.
(4) Mandatory arbitration undermines the development of
public law because there is inadequate transparency and
inadequate judicial review of arbitrators' decisions.
(5) Arbitration can be an acceptable alternative when
consent to the arbitration is truly voluntary, and occurs after
the dispute arises.
SEC. 3. ARBITRATION OF EMPLOYMENT, CONSUMER, AND CIVIL RIGHTS DISPUTES.
(a) In General.--Title 9 of the United States Code is amended by
adding at the end the following:
``CHAPTER 4--ARBITRATION OF EMPLOYMENT, CONSUMER, AND CIVIL RIGHTS
DISPUTES
``Sec.
``401. Definitions.
``402. Validity and enforceability.
``Sec. 401. Definitions
``In this chapter--
``(1) the term `civil rights dispute' means a dispute--
``(A) arising under--
``(i) the Constitution of the United States
or the constitution of a State; or
``(ii) a Federal or State statute that
prohibits discrimination on the basis of race,
sex, disability, religion, national origin, or
any invidious basis in education, employment,
credit, housing, public accommodations and
facilities, voting, or program funded or
conducted by the Federal Government or State
government, including any statute enforced by
the Civil Rights Division of the Department of
Justice and any statute enumerated in section
62(e) of the Internal Revenue Code of 1986
(relating to unlawful discrimination); and
``(B) in which at least 1 party alleging a
violation of the Constitution of the United States, a
State constitution, or a statute prohibiting
discrimination is an individual;
``(2) the term `consumer dispute' means a dispute between
an individual who seeks or acquires real or personal property,
services (including services relating to securities and other
investments), money, or credit for personal, family, or
household purposes and the seller or provider of such property,
services, money, or credit;
``(3) the term `employment dispute' means a dispute between
an employer and employee arising out of the relationship of
employer and employee as defined in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203); and
``(4) the term `predispute arbitration agreement' means any
agreement to arbitrate a dispute that had not yet arisen at the
time of the making of the agreement.
``Sec. 402. Validity and enforceability
``(a) In General.--Notwithstanding any other provision of this
title, no predispute arbitration agreement shall be valid or
enforceable if it requires arbitration of an employment dispute,
consumer dispute, or civil rights dispute.
``(b) Applicability.--
``(1) In general.--An issue as to whether this chapter
applies to an arbitration agreement shall be determined under
Federal law. The applicability of this chapter to an agreement
to arbitrate and the validity and enforceability of an
agreement to which this chapter applies shall be determined by
a court, rather than an arbitrator, irrespective of whether the
party resisting arbitration challenges the arbitration
agreement specifically or in conjunction with other terms of
the contract containing such agreement.
``(2) Collective bargaining agreements.--Nothing in this
chapter shall apply to any arbitration provision in a contract
between an employer and a labor organization or between labor
organizations, except that no such arbitration provision shall
have the effect of waiving the right of an employee to seek
judicial enforcement of a right arising under a provision of
the Constitution of the United States, a State constitution, or
a Federal or State statute, or public policy arising
therefrom.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Title 9 of the United States Code is
amended--
(A) in section 1, by striking ``of seamen,'' and
all that follows through ``interstate commerce'';
(B) in section 2, by inserting ``or as otherwise
provided in chapter 4'' before the period at the end;
(C) in section 208--
(i) in the section heading, by striking
``Chapter 1; residual application'' and
inserting ``Application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.'';
and
(D) in section 307--
(i) in the section heading, by striking
``Chapter 1; residual application'' and
inserting ``Application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.''.
(2) Table of sections.--
(A) Chapter 2.--The table of sections for chapter 2
of title 9, United States Code, is amended by striking
the item relating to section 208 and inserting the
following:
``208. Application.''.
(B) Chapter 3.--The table of sections for chapter 3
of title 9, United States Code, is amended by striking
the item relating to section 307 and inserting the
following:
``307. Application.''.
(3) Table of chapters.--The table of chapters for title 9,
United States Code, is amended by adding at the end the
following:
``4. Arbitration of employment, consumer, and civil rights 401''.
disputes.
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date of enactment of this Act and shall apply with respect to any
dispute or claim that arises on or after such date. | Arbitration Fairness Act of 2011 - Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment, consumer, or civil rights dispute.
Declares, further, that the validity and enforceability of an agreement to arbitrate shall be determined by a court, under federal law, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement.
Exempts from this Act arbitration provisions in a contract between an employer and a labor organization or between labor organizations. Denies to any such arbitration provision, however, the effect of waiving the right of an employee to seek judicial enforcement of a right arising under the U.S. Constitution, a state constitution, a federal or state statute, or related public policy. | To amend title 9 of the United States Code with respect to arbitration. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Access Improvement
Act''.
SEC. 2. NONREFUNDABLE CREDIT FOR CERTAIN PRIMARY HEALTH SERVICES
PROVIDERS SERVING HEALTH PROFESSIONAL SHORTAGE AREAS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. PRIMARY HEALTH SERVICES PROVIDERS SERVING HEALTH
PROFESSIONAL SHORTAGE AREAS.
``(a) Allowance of Credit.--In the case of a qualified primary
health services provider, there is allowed as a credit against the tax
imposed by this chapter for any taxable year in a mandatory service
period an amount equal to the product of--
``(1) the lesser of--
``(A) the number of months of such period occurring
in such taxable year, or
``(B) 60 months, reduced by the number of months
taken into account under this paragraph with respect to
such provider for all preceding taxable years (whether
or not in the same mandatory service period),
multiplied by
``(2) $1,000.
``(b) Qualified Primary Health Services Provider.--For purposes of
this section, the term `qualified primary health services provider'
means any physician who for any month during a mandatory service period
is certified by the Bureau to be a primary health services provider
who--
``(1) is providing primary health services--
``(A) full time, and
``(B) to individuals at least 80 percent of whom
reside in a health professional shortage area,
``(2) is not receiving during such year a scholarship under
the National Health Service Corps Scholarship Program or the
Indian health professions scholarship program or a loan
repayment under the National Health Service Corps Loan
Repayment Program or the Indian Health Service Loan Repayment
Program,
``(3) is not fulfilling service obligations under such
Programs, and
``(4) has not defaulted on such obligations.
``(c) Mandatory Service Period.--For purposes of this section, the
term `mandatory service period' means the period of 60 consecutive
calendar months beginning with the first month the taxpayer is a
qualified primary health services provider. In the case of an
individual who is such a provider on the date of enactment of the
Health Care Access Improvement Act, such term means the period of 60
consecutive calendar months beginning with the first month after such
date.
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Bureau.--The term `Bureau' means the Bureau of Health
Care Delivery and Assistance, Health Resources and Services
Administration of the United States Public Health Service.
``(2) Physician.--The term `physician' has the meaning
given to such term by section 1861(r) of the Social Security
Act.
``(3) Primary health services provider.--The term `primary
health services provider' means a provider of basic health
services (as described in section 330(b)(1)(A)(i) of the Public
Health Service Act).
``(4) Health professional shortage area.--The term `health
professional shortage area' means a health professional
shortage area (as defined in section 332(a)(1) of the Public
Health Service Act).
``(e) Recapture of Credit.--
``(1) In general.--If, during any taxable year, there is a
recapture event, then the tax of the taxpayer under this
chapter for such taxable year shall be increased by an amount
equal to the product of--
``(A) the applicable percentage, and
``(B) the aggregate unrecaptured credits allowed to
such taxpayer under this section for all prior taxable
years.
``(2) Applicable recapture percentage.--
``(A) In general.--For purposes of this subsection,
the applicable recapture percentage shall be determined
from the following table:
``If the recapture
The applicable recap-
event occurs during:
ture percentage is:
Months 1-24.............. 100
Months 25-36............. 75
Months 37-48............. 50
Months 49-60............. 25
Months 61 and thereafter. 0.
``(B) Timing.--For purposes of subparagraph (A),
month 1 shall begin on the first day of the mandatory
service period.
``(3) Recapture event defined.--
``(A) In general.--For purposes of this subsection,
the term `recapture event' means the failure of the
taxpayer to be a qualified primary health services
provider for any month during any mandatory service
period.
``(B) Cessation of designation.--The cessation of
the designation of any area as a rural health
professional shortage area after the beginning of the
mandatory service period for any taxpayer shall not
constitute a recapture event.
``(C) Secretarial waiver.--The Secretary may waive
any recapture event caused by extraordinary
circumstances.
``(4) No credits against tax.--Any increase in tax under
this subsection shall not be treated as a tax imposed by this
chapter for purposes of determining the amount of any credit
under subpart A, B, or D of this part.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25A the
following new item:
``Sec. 25B. Primary health services
providers serving health
professional shortage areas.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997. | Health Care Access Improvement Act - Amends the Internal Revenue Code to allow a limited tax credit to qualified primary health services providers who establish practices in health professional shortage areas. | Health Care Access Improvement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emerald Ash Borer Municipality
Assistance Act of 2007''.
SEC. 2. EMERALD ASH BORER REVOLVING LOAN FUND.
(a) Definitions.--In this section:
(1) Authorized equipment.--
(A) In general.--The term ``authorized equipment''
means any equipment necessary for the management of
forest land.
(B) Inclusions.--The term ``authorized equipment''
includes--
(i) cherry pickers;
(ii) equipment necessary for--
(I) the construction of staging and
marshalling areas;
(II) the planting of trees; and
(III) the surveying of forest land;
(iii) vehicles capable of transporting
harvested trees;
(iv) wood chippers; and
(v) any other appropriate equipment, as
determined by the Secretary.
(2) Fund.--The term ``Fund'' means the Emerald Ash Borer
Revolving Loan Fund established by subsection (b).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Deputy Chief of the State
and Private Forestry organization.
(b) Establishment of Fund.--There is established in the Treasury of
the United States a revolving fund, to be known as the ``Emerald Ash
Borer Revolving Loan Fund'', consisting of such amounts as are
appropriated to the Fund under subsection (f).
(c) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary such amounts as the Secretary
determines are necessary to provide loans under subsection (e).
(2) Administrative expenses.--An amount not exceeding 10
percent of the amounts in the Fund shall be available for each
fiscal year to pay the administrative expenses necessary to
carry out this section.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(e) Uses of Fund.--
(1) Loans.--
(A) In general.--The Secretary shall use amounts in
the Fund to provide loans to eligible units of local
government to finance purchases of authorized equipment
to monitor, remove, dispose of, and replace infested
trees that are located--
(i) on land under the jurisdiction of the
eligible units of local government; and
(ii) within the borders of quarantine areas
infested by the emerald ash borer.
(B) Maximum amount.--The maximum amount of a loan
that may be provided by the Secretary to an eligible
unit of local government under this subsection shall be
the lesser of--
(i) the amount that the eligible unit of
local government has appropriated to finance
purchases of authorized equipment to monitor,
remove, dispose of, and replace infested trees
that are located--
(I) on land under the jurisdiction
of the eligible unit of local
government; and
(II) within the borders of a
quarantine area infested by the emerald
ash borer; or
(ii) $5,000,000.
(C) Interest rate.--The interest rate on any loan
made by the Secretary under this paragraph shall be a
rate equal to 2 percent.
(D) Report.--Not later than 180 days after the date
on which an eligible unit of local government receives
a loan provided by the Secretary under subparagraph
(A), the eligible unit of local government shall submit
to the Secretary a report that describes each purchase
made by the eligible unit of local government using
assistance provided through the loan.
(2) Loan repayment schedule.--
(A) In general.--To be eligible to receive a loan
from the Secretary under paragraph (1), in accordance
with each requirement described in subparagraph (B), an
eligible unit of local government shall enter into an
agreement with the Secretary to establish a loan
repayment schedule relating to the repayment of the
loan.
(B) Requirements relating to loan repayment
schedule.--A loan repayment schedule established under
subparagraph (A) shall require the eligible unit of
local government--
(i) to repay to the Secretary of the
Treasury, not later than 1 year after the date
on which the eligible unit of local government
receives a loan under paragraph (1), and
semiannually thereafter, an amount equal to the
quotient obtained by dividing--
(I) the principal amount of the
loan (including interest); by
(II) the total quantity of payments
that the eligible unit of local
government is required to make during
the repayment period of the loan; and
(ii) not later than 20 years after the date
on which the eligible unit of local government
receives a loan under paragraph (1), to
complete repayment to the Secretary of the
Treasury of the loan made under this section
(including interest).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as are necessary to carry out this
section.
SEC. 3. COOPERATIVE AGREEMENTS RELATING TO EMERALD ASH BORER PREVENTION
ACTIVITIES.
Any cooperative agreement entered into after the date of enactment
of this Act between the Secretary of Agriculture and a State relating
to the prevention of emerald ash borer infestation shall allow the
State to provide any cost-sharing assistance or financing mechanism
provided to the State under the cooperative agreement to a unit of
local government of the State that--
(1) is engaged in any activity relating to the prevention
of emerald ash borer infestation; and
(2) is capable of documenting each emerald ash borer
infestation prevention activity generally carried out by--
(A) the Department of Agriculture; or
(B) the State department of agriculture that has
jurisdiction over the unit of local government. | Emerald Ash Borer Municipality Assistance Act of 2007 - Establishes in the Treasury the Emerald Ash Borer Revolving Loan Fund.
Directs the Secretary of Agriculture to use Fund amounts for loans to eligible local government units for purchases of equipment to monitor, dispose of, and replace infested trees on local government land within quarantine areas infested by the emerald ash borer. | A bill to require the Secretary of Agriculture, acting through the Deputy Chief of State and Private Forestry organization, to provide loans to eligible units of local government to finance purchases of authorized equipment to monitor, remove, dispose of, and replace infested trees that are located on land under the jurisdiction of the eligible units of local government and within the borders of quarantine areas infested by the emerald ash borer, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited the ``Student Loan Auction Market Act''.
SEC. 2. MARKET-BASED DETERMINATION OF LENDER RETURNS.
(a) Joint Planning Study To Select Auction Mechanisms for
Testing.--
(1) Planning study.--The Secretaries of Education and
Treasury jointly shall conduct a planning study, in
consultation with the Office of Management and Budget, the
Congressional Budget Office, the Government Accountability
Office, and other individuals and entities the Secretaries
determine appropriate, to--
(A) examine the matters described in paragraph (2)
in order to determine which market-based mechanisms for
determining lender returns on loans made, insured, or
guaranteed under part B of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071 et seq.) shall be
tested under the pilot programs described in subsection
(c); and
(B) determine what related administrative and other
changes will be required in order to ensure that high-
quality services are provided under a successful
implementation of market-based determinations of lender
returns for all loans made, insured, or guaranteed
under such part.
(2) Matters examined.--The planning study under this
subsection shall examine--
(A) whether it is most appropriate to auction
existing loans under part B of title IV, to auction the
rights to originate loans under such part, or whether
the sale of securities backed by federally owned
student loan assets originated by banks acting as
agents of the Federal Government would provide the most
efficient market-based alternative;
(B) matters related to efficient financial
organization of any auctions or sales, including how
loans and origination rights are bundled, the capital
structure of any securitization plan, and issues
related to servicing; and
(C) how to ensure that statutory, regulatory, and
administrative requirements do not impede separate
management and ownership of loans or assets backed by
loans under part B of title IV.
(3) Mechanisms.--In determining which market-based
mechanisms are the most promising models to test the pilot
programs under subsection (b), the planning study shall take
into account whether a particular market-based mechanism will--
(A) ensure loan availability under part B of title
IV to all eligible students at all participating
institutions;
(B) minimize administrative complexity for
borrowers, institutions, lenders, and the Federal
Government; and
(C) reduce Federal costs if used on a program-wide
basis.
(4) Report.--A report on the results of the planning study,
together with a plan for implementation of one or more pilot
programs using promising market-based approaches for
determining lender returns, shall be transmitted to Congress
not later than 6 months following the date of enactment of this
Act.
(5) Exclusion.--In conducting the planning study, and
proposing pilot programs for testing under this section, the
Secretaries of Education and the Treasury shall exclude from
consideration the Federal PLUS loans described in section 428B
that are the subject of the competitive loan auction pilot
program under section 499 of the Higher Education Act of 1965
(as added by section 701 of the College Cost Reduction and
Access Act).
(b) Pilot Programs To Be Tested.--
(1) Authorization.--
(A) In general.--Notwithstanding any other
provision of law, after the report described in
subsection (a)(4) is transmitted to Congress, the
Secretary of Education shall, in consultation with the
Secretary of the Treasury, begin preparations necessary
to carry out pilot programs meeting the requirements of
this subsection in accordance with the implementation
plan included in the report.
(B) Implementation date.--The Secretary of
Education shall commence implementation of the pilot
programs under this subsection not earlier than July 1,
2009.
(C) Duration and loan volume.--The pilot programs
under this subsection shall be not more than two
academic years in duration, and the Secretary of
Education may use the pilot programs to determine the
lender returns for not more than--
(i) 10 percent of the annual loan volume
under this part B of title IV during the first
year of the pilot programs under this
subsection; and
(ii) 20 percent of the annual loan volume
under this part B of title IV during the second
year of the pilot programs under this
subsection.
(2) Voluntary participation.--
(A) Participation in any auction-based pilot
program under this subsection shall be voluntary for
eligible institutions and eligible lenders
participating under part B of title IV prior to July 1,
2006.
(B) All savings to the United States Treasury
generated by such auctions shall be distributed to
institutions participating under this section on a
basis proportionate to loan volume under such part for
supplemental, need-based financial aid, except that an
institution that is operating as an eligible lender
under section 435(d)(2) shall not be eligible for any
such distribution.
(3) Independent evaluation.--The Government Accountability
Office shall conduct an independent evaluation of the pilot
programs conducted under this section and under section 499 of
the Higher Education Act of 1965 (as added by section 701 of
the College Cost Reduction and Access Act). Such evaluation
shall be completed, and the results of such submitted to the
Secretary of Education, the Secretary of the Treasury, and
Congress, not later than 120 days after the termination of the
pilot programs under this subsection.
(c) Program-Wide Implementation.--Notwithstanding any other
provision of part B of title IV, for the first academic year beginning
not less than 120 days after the independent evaluation described in
subsection (b)(3) has been transmitted to Congress, and succeeding
academic years, the Secretary of Education is authorized to implement
for all loans made under such part (other than loans made under the
William D. Ford Direct Loan Program), a program-wide, market-based
system to determine returns to all lenders as the Secretary of
Education determines appropriate, provided that--
(1) the Secretary of Education, in consultation with the
Secretary of the Treasury, has certified that the auction-based
system that the Secretary of Education intends to implement on
a program-wide basis would--
(A) ensure loan availability under such part to all
eligible students at all participating institutions;
(B) minimize administrative complexity for
borrowers, institutions, lenders, and the Federal
Government, including the enhancement of the
modernization of the student financial aid system; and
(C) reduce Federal costs when used on a program-
wide basis; and
(2) the Secretary of Education has notified Congress of the
Secretary's intent to implement a program-wide auction-based
system, and provided a description of the structure of the
auction-based system, at least 120 days before implementing
such a system.
(d) Consultation.--
(1) In general.--As part of the planning study, pilot
programs, and program-wide implementation phases described in
this section, the Secretary of Education shall consult with
representatives of investment banks, ratings agencies, lenders,
institutions of higher education and students, as well as
individuals or other entities with pertinent technical
expertise. The Secretary of Education shall engage in such
consultations using such methods as, and to the extent that,
the Secretary determines appropriate to the time constraints
associated with the study and programs.
(2) Services of other federal agencies.--In carrying out
the planning study and pilot programs described in this
section, the Secretary of Education may use, on a reimbursable
basis, the services (including procurement authorities and
services), equipment, personnel, and facilities of other
agencies and instrumentalities of the Federal Government. | Student Loan Auction Market Act - Directs the Secretary of Education (Secretary) and the Secretary of the Treasury to conduct a planning study of alternative market-based mechanisms for setting lenders' yields on Federal Family Education Loans under part B of title IV of the Higher Education Act of 1965.
Requires such study to be followed by a limited two-year pilot program testing the mechanisms which the study finds most promising in ensuring loan availability, minimizing administrative complexity, and reducing federal costs. Allows the Secretary to implement on a program-wide basis the auction-based system proven to satisfy such criteria, after an independent evaluation by the Government Accountability Office (GAO) of the pilot program, as well as the Competitive Loan Auction Pilot program established under the College Cost Reduction and Access Act. | To study, pilot, and implement a comprehensive, structural, market-based reform to the Federal Family Education Loan Program to reduce costs to taxpayers and improve program efficiency. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Propane Supply and Security Act of
2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Energy Information Administration.
(2) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(3) Interstate commerce.--The term ``interstate commerce''
has the meaning given the term in section 2 of the Natural Gas
Act (15 U.S.C. 717a).
(4) Propane pipeline.--The term ``propane pipeline'' means
a pipeline used to transport propane in interstate commerce.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. INFORMATION COLLECTION.
(a) In General.--The Administrator shall publish, to the maximum
extent practicable and consistent with confidentiality requirements,
data on--
(1) propane storage, including--
(A) weekly inventory data disaggregated below the
level of the Petroleum Administration for Defense
Districts (PADD), including--
(i) data at the State level; and
(ii) data from the collective storage
facilities at market hubs, including storage
facilities in and around Mont Belvieu, Texas,
Conway, Kansas, and any future market hubs of
significant regional scope; and
(B) weekly data to separately account for non-fuel
propylene and propane for PADD 3 and other regions if
the Administrator determines that inclusion of the
nonfuel propylene supply data significantly distorts
propane supply and pricing data, and the Administrator
determines it is feasible to collect separate data on
nonfuel propylene and propane; and
(2) propane markets, including pricing data for residential
customers in States that voluntarily choose to participate in
the State Heating Oil and Propane Program (SHOPP) of the Energy
Information Administration.
(b) Biannual Working and Net Available Storage Capacity Report.--
The Administrator shall publish data on--
(1) storage at--
(A) major market centers, including the regions
around Conway, Kansas and Mont Belvieu, Texas; and
(B) to the extent practicable based on existing
surveys and consistent with confidentiality
requirements, the regions reported in the weekly and
monthly inventory data under subsection (a); and
(2) pipeline fill requirements and pipeline operational
storage capacity.
(c) Wood Pilot.--The Administrator shall work with the States
participating in SHOPP to develop a program comparable to SHOPP to
collect data on wood pellets, firewood, and other biomass.
SEC. 4. COORDINATED RESPONSE TO EMERGENCIES.
(a) In General.--The Secretary shall lead Federal and State
emergency response efforts with respect to propane supply emergencies
in any State or region of the United States that are characterized, as
determined by the Secretary, by--
(1) sudden increases in consumer prices for propane; or
(2) propane supply shortages that threaten public safety or
livestock safety.
(b) Duties.--In carrying out subsection (a), the Secretary shall--
(1) establish criteria to determine when an emergency
response action would be triggered;
(2) establish a system for forecasting and tracking the
availability of propane, with an emphasis on predicting supply
shortages;
(3) establish a system for alerting other Federal agencies,
States, industry groups, and appropriate stakeholders of the
crisis--
(A) before an emergency; and
(B) when the Secretary determines that an emergency
has occurred;
(4) establish a plan for coordinated response to an
emergency by Federal and State agencies; and
(5) establish criteria to determine when the emergency has
ended.
(c) Actions.--An emergency response carried out under this section
may include--
(1) actions to protect consumers from unfair pricing;
(2) actions to expedite the distribution of propane through
available transportation modes, including provisions--
(A) to exempt motor carriers of propane from hours-
of-service restrictions;
(B) to prioritize propane shipments by rail; and
(C) to prioritize propane shipments over other
shipments in batched pipelines;
(3) expedited release of energy assistance funds; and
(4) other actions to relieve price spikes and supply
shortages.
(d) Effect.--Nothing in this section limits any existing authority
of any Federal agency.
SEC. 5. DEFINITION OF CONSUMER PROPANE PRICES.
(a) Functions of Propane Education and Research Council.--Section
5(f) of the Propane Education and Research Act of 1996 (15 U.S.C.
6404(f)) is amended in the first sentence by inserting ``to train
propane distributors and consumers in strategies to mitigate negative
effects of future propane price spikes,'' after ``to enhance consumer
and employee safety and training,''.
(b) Market Survey and Consumer Protection Price Analysis.--Section
9(a) of the Propane Education and Research Act of 1996 (15 U.S.C.
6408(a)) is amended in the first sentence by striking ``only data
provided by the Energy Information Administration'' and inserting ``the
refiner price to end users of consumer grade propane, as published by
the Energy Information Administration''.
SEC. 6. REGIONAL PROPANE RESERVE.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall conduct a study to determine the
effectiveness and feasibility of establishing 1 or more propane storage
facilities, to be operated separately from the Strategic Petroleum
Reserve established under part B of title I of the Energy Policy and
Conservation Act (42 U.S.C. 6231 et seq.).
(b) Plan.--Following completion of the study under subsection (a),
the Secretary may submit to Congress and the President a plan
describing--
(1) the proposed acquisition of storage and related
facilities or storage services for, including--
(A) the potential use of storage facilities not
currently in use; and
(B) a determination of the combination of primary,
secondary, and tertiary storage facilities that will be
used;
(2) the proposed acquisition of propane for storage;
(3) the proposed methods of disposition of propane;
(4) the estimated costs of establishment, maintenance, and
operation;
(5) the efforts the Secretary will make--
(A) to minimize any potential need for future
drawdowns; and
(B) to ensure that distributors and importers are
not discouraged from maintaining and increasing
supplies of propane;
(6) the proposed actions to ensure the quality of the
propane; and
(7) the proposed accounts and funding structures required
for acquisition of propane and propane storage facilities.
SEC. 7. STORAGE FACILITY LOANS FOR PROPANE STORAGE.
Section 1614(a) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8789(a)) is amended by inserting ``, including facilities for
propane that is used for drying and heating'' before the period at the
end.
SEC. 8. STUDY OF JURISDICTION.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall complete a study of
facilities appurtenant to propane pipelines (such as terminals and
storage facilities) that are not subject to the jurisdiction of the
Commission (as of the date on which the study commences) to determine--
(1) whether the nonjurisdictional nature of the facilities
is injurious to shippers or consumers; and
(2)(A) whether the facilities can be placed under the
jurisdiction of the Commission; or
(B) if not, whether changes in law to place the facilities
under the jurisdiction of the Commission are in the public
interest. | Propane Supply and Security Act of 2014 - Directs the Administrator of the Energy Information Administration (EIA) to publish weekly inventory data on propane storage and propane markets, including pricing data for residential customers in states that voluntarily choose to participate in the State Heating Oil and Propane Program (SHOPP) of the EIA. Directs the Administrator to publish data on storage at: (1) major market centers, and (2) the regions reported in specified weekly and monthly inventory data. Directs the Administrator to work with the states participating in SHOPP to develop a comparable program to collect data on wood pellets, firewood, and other biomass. Directs the Secretary of Energy to lead federal and state emergency response efforts regarding propane supply emergencies in any state or region characterized by either sudden increases in consumer prices for propane, or propane supply shortages that threaten public safety or livestock safety. Amends the Propane Education and Research Act of 1996 to direct the Propane Education and Research Council to develop for propane distributors and consumers training programs on strategies to mitigate negative effects of future propane price spikes. Directs the Secretary to study the effectiveness and feasibility of establishing propane storage facilities operated separately from the Strategic Petroleum Reserve. Authorizes the Secretary to submit to Congress and the President a plan describing such regional propane reserve. Amends the Food, Conservation, and Energy Act of 2008 to direct the Secretary of Agriculture to include within the storage facility loan program funding for propane storage and handling facilities used for drying and heating. Directs the Comptroller General (GAO) to study facilities appurtenant to propane pipelines that are not subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC) to determine: (1) whether the nonjurisdictional nature of the facilities is injurious to shippers or consumers; and (2) whether the facilities can be placed under FERC jurisdiction or, if not, whether changes in law to place them under FERC jurisdiction are in the public interest. | Propane Supply and Security Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Settlement Transparency
and Reform Act''.
SEC. 2. DENIAL OF DEDUCTION FOR CERTAIN FINES, PENALTIES, AND OTHER
AMOUNTS.
(a) In General.--Subsection (f) of section 162 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(f) Fines, Penalties, and Other Amounts.--
``(1) In general.--Except as provided in the following
paragraphs of this subsection, no deduction otherwise allowable
shall be allowed under this chapter for any amount paid or
incurred (whether by suit, agreement, or otherwise) to, or at
the direction of, a government or governmental entity in
relation to the violation of any law or the investigation or
inquiry by such government or entity into the potential
violation of any law.
``(2) Exception for amounts constituting restitution or
paid to come into compliance with law.--
``(A) In general.--Paragraph (1) shall not apply to
any amount that--
``(i) the taxpayer establishes--
``(I) constitutes restitution
(including remediation of property) for
damage or harm which was or may be
caused by the violation of any law or
the potential violation of any law, or
``(II) is paid to come into
compliance with any law which was
violated or otherwise involved in the
investigation or inquiry described in
paragraph (1),
``(ii) is identified as restitution or as
an amount paid to come into compliance with
such law, as the case may be, in the court
order or settlement agreement, and
``(iii) in the case of any amount of
restitution for failure to pay any tax imposed
under this title in the same manner as if such
amount were such tax, would have been allowed
as a deduction under this chapter if it had
been timely paid.
The identification under clause (ii) alone shall not be
sufficient to make the establishment required under
clause (i).
``(B) Limitation.--Subparagraph (A) shall not apply
to any amount paid or incurred as reimbursement to the
government or entity for the costs of any investigation
or litigation.
``(3) Exception for amounts paid or incurred as the result
of certain court orders.--Paragraph (1) shall not apply to any
amount paid or incurred by reason of any order of a court in a
suit in which no government or governmental entity is a party.
``(4) Exception for taxes due.--Paragraph (1) shall not
apply to any amount paid or incurred as taxes due.
``(5) Treatment of certain nongovernmental regulatory
entities.--For purposes of this subsection, the following
nongovernmental entities shall be treated as governmental
entities:
``(A) Any nongovernmental entity which exercises
self-regulatory powers (including imposing sanctions)
in connection with a qualified board or exchange (as
defined in section 1256(g)(7)).
``(B) To the extent provided in regulations, any
nongovernmental entity which exercises self-regulatory
powers (including imposing sanctions) as part of
performing an essential governmental function.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred on or after the date of the enactment of
this Act, except that such amendments shall not apply to amounts paid
or incurred under any binding order or agreement entered into before
such date. Such exception shall not apply to an order or agreement
requiring court approval unless the approval was obtained before such
date.
SEC. 3. REPORTING OF DEDUCTIBLE AMOUNTS.
(a) In General.--Subpart B of part III of subchapter A of chapter
61 of the Internal Revenue Code of 1986 is amended by inserting after
section 6050W the following new section:
``SEC. 6050X. INFORMATION WITH RESPECT TO CERTAIN FINES, PENALTIES, AND
OTHER AMOUNTS.
``(a) Requirement of Reporting.--
``(1) In general.--The appropriate official of any
government or any entity described in section 162(f)(5) which
is involved in a suit or agreement described in paragraph (2)
shall make a return in such form as determined by the Secretary
setting forth--
``(A) the amount required to be paid as a result of
the suit or agreement to which paragraph (1) of section
162(f) applies,
``(B) any amount required to be paid as a result of
the suit or agreement which constitutes restitution or
remediation of property, and
``(C) any amount required to be paid as a result of
the suit or agreement for the purpose of coming into
compliance with any law which was violated or involved
in the investigation or inquiry.
``(2) Suit or agreement described.--
``(A) In general.--A suit or agreement is described
in this paragraph if--
``(i) it is--
``(I) a suit with respect to a
violation of any law over which the
government or entity has authority and
with respect to which there has been a
court order, or
``(II) an agreement which is
entered into with respect to a
violation of any law over which the
government or entity has authority, or
with respect to an investigation or
inquiry by the government or entity
into the potential violation of any law
over which such government or entity
has authority, and
``(ii) the aggregate amount involved in all
court orders and agreements with respect to the
violation, investigation, or inquiry is $600 or
more.
``(B) Adjustment of reporting threshold.--The
Secretary may adjust the $600 amount in subparagraph
(A)(ii) as necessary in order to ensure the efficient
administration of the internal revenue laws.
``(3) Time of filing.--The return required under this
subsection shall be filed at the time the agreement is entered
into, as determined by the Secretary.
``(b) Statements To Be Furnished to Individuals Involved in the
Settlement.--Every person required to make a return under subsection
(a) shall furnish to each person who is a party to the suit or
agreement a written statement showing--
``(1) the name of the government or entity, and
``(2) the information supplied to the Secretary under
subsection (a)(1).
The written statement required under the preceding sentence shall be
furnished to the person at the same time the government or entity
provides the Secretary with the information required under subsection
(a).
``(c) Appropriate Official Defined.--For purposes of this section,
the term `appropriate official' means the officer or employee having
control of the suit, investigation, or inquiry or the person
appropriately designated for purposes of this section.''.
(b) Conforming Amendment.--The table of sections for subpart B of
part III of subchapter A of chapter 61 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 6050W
the following new item:
``Sec. 6050X. Information with respect to certain fines, penalties, and
other amounts.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred on or after the date of the enactment
of this Act, except that such amendments shall not apply to amounts
paid or incurred under any binding order or agreement entered into
before such date. Such exception shall not apply to an order or
agreement requiring court approval unless the approval was obtained
before such date. | Government Settlement Transparency and Reform Act Amends the Internal Revenue Code to expand provisions relating to the nondeductibility of fines and penalties to prohibit a tax deduction for any amount paid or incurred to any governmental entity relating to the violation of any law or the investigation or inquiry into a potential violation of law. Exempts from such prohibition: (1) restitution or amounts paid to come into compliance with any law that was violated or otherwise involved in the investigation or inquiry, (2) amounts paid pursuant to a court order in a suit in which the governmental entity was not a party, and (3) amounts paid or incurred as taxes due. Imposes new reporting requirements on governmental entities relating to amounts paid as fines or for restitution. | Government Settlement Transparency and Reform Act |
SECTION 1. SHORT TITLE; AMENDMENT OF OCEANS AND HUMAN HEALTH ACT.
(a) Short Title.--This Act may be cited as the ``Oceans and Human
Health Reauthorization Act of 2011''.
(b) Amendment of Oceans and Human Health Act.--Except as otherwise
expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Oceans and Human Health Act (33 U.S.C. 3101 et
seq.).
SEC. 2. INTERAGENCY OCEANS AND HUMAN HEALTH RESEARCH PROGRAM.
(a) Coordination.--Section 902(a) (33 U.S.C. 3101(a)) is amended by
striking ``oceans in human health.'' and inserting ``oceans in human
health and deliver information, products, and services to assist the
Nation in reducing public health risks, and enhancing health benefits,
from the ocean.''.
(b) Implementation Plan.--Section 902(b) (33 U.S.C. 3101(b)) is
amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following:
``(b) Implementation Plan.--Within 2 years after the date of the
enactment of the Oceans and Human Health Reauthorization Act of 2011,
and every 10 years thereafter, the National Science and Technology
Council, through the Director of the Office of Science and Technology
Policy, shall revise and update the 2007 `Interagency Oceans and Human
Health Research Implementation Plan' and submit the updated plan to the
Congress. The updated Plan shall define the roles of Federal agencies
and departments in order to avoid duplication of activities and
coordinate efforts in support of the research program. Nothing in this
subsection is intended to duplicate or supersede the activities of the
Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia established
under section 603 of the Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998 (16 U.S.C. 1451 note). The updated Plan shall build
on and complement the ongoing research, monitoring, surveillance, and
outreach activities of the National Oceanic and Atmospheric
Administration, the National Science Foundation, the National
Institutes of Health (including the National Institute of Environmental
Health Sciences), the Centers for Disease Control and Prevention, the
U.S. Environmental Protection Agency, the Food and Drug Administration,
and other Federal departments and agencies, and shall--'';
(2) in paragraph (1)--
(A) by striking ``prediction'' and inserting
``monitoring, surveillance, prediction forecasting, and
mitigation'';
(B) by inserting ``and chemical'' after
``biological''; and
(C) by striking ``treatments'' and inserting
``products for the prevention and treatment'';
(3) in paragraph (2), by striking ``training'' and all that
follows and inserting ``Federal oceans and human health
research centers, training, and support for scientists, and
participation in national and international research and
outreach efforts, including outreach to the public health and
medical communities, and the public;'';
(4) in paragraph (4), by striking ``preventive'' and
inserting ``preventing'';
(5) in paragraph (5), by inserting ``the National Ocean
Council,'' after ``the Ocean Research Advisory Panel,''; and
(6) by striking paragraph (7) and inserting the following:
``(7) estimate funding needed for research, surveillance,
prediction, education, and outreach activities to be conducted
within and supported by Federal agencies under the program.''.
(c) Program Scope.--Section 902(c) (33 U.S.C. 3101(c)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Interdisciplinary research among the ocean,
atmospheric, biological, and medical sciences, and coordinated
research and activities to improve understanding of processes
within the ocean that may affect human health and to explore
the potential contribution of marine organisms to medicine and
research, including--
``(A) vector-, water-, and food-borne diseases of
humans and marine organisms, including marine mammals,
corals, fish, and shellfish;
``(B) human health effects associated with harmful
algal blooms and hypoxia (in collaboration with the
Inter-Agency Task Force on Harmful Algal Blooms and
Hypoxia);
``(C) marine-derived pharmaceuticals and other
natural products;
``(D) marine organisms and habitats as models for
biomedical research and as indicators of human health
and well being and marine environmental health;
``(E) marine environmental microbiology linked to
human health;
``(F) human health effects associated with legacy
and emerging chemicals of concern, including
bioaccumulative and endocrine-disrupting chemical
contaminants;
``(G) predictive models of public health risks
based on indicators and assessments of marine ecosystem
health and marine animal health; and
``(H) social, economic, and behavioral studies of
relationships between the condition of oceans, coasts,
and the Great Lakes and human health and well-being,
risk communication, and decision-making processes.
``(2) Coordination with appropriate interagency working
groups of the Subcommittee on Ocean Science and Technology, or
its successor body, through the National Science and Technology
Council, to ensure that any integrated ocean and coastal
observing system provides information necessary to monitor and
reduce marine public health problems, including climate change
information, health-related data on biological populations, and
detection of toxins and contaminants in marine waters and
seafood.''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``genomics and
proteomics'' and inserting ``genomics, proteomics,
metabolomics, and other related sciences'';
(B) by striking subparagraph (C) and inserting the
following:
``(C) in situ, laboratory, and remote sensors--
``(i) to detect, quantify, and predict the
presence, distribution, concentration,
toxicity, or virulence of infectious microbes,
harmful algae, toxins, and chemical
contaminants in ocean waters, sediments,
organisms, and seafood; and
``(ii) to identify new genetic resources
for biomedical purposes;''; and
(C) in subparagraph (E), by striking ``equipment
and technologies'' and inserting ``equipment,
technologies, and methodologies used in human health,
and other fields, for application to oceans and human
health objectives''.
(d) Biennial Report.--Section 902(d) (33 U.S.C. 3101(d)) is
amended--
(1) by striking ``Annual'' in the heading and inserting
``Biennial'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``Beginning with the first year
occurring more than 24 months after the date of
enactment of the Act, the'' and inserting ``The'';
(B) by striking ``each year an annual'' and
inserting ``alternate years a biennial''; and
(C) by striking ``fiscal year'' and inserting ``2
fiscal years'';
(3) in paragraph (1), by striking ``fiscal year;'' and
inserting ``2 fiscal years;'';
(4) in paragraph (4), by striking ``that preceding fiscal
year;'' and inserting ``the preceding 2 fiscal years;'' and
(5) in paragraph (5), by striking ``action'' and inserting
``action, funding needs,''.
SEC. 3. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OCEANS AND
HUMAN HEALTH PROGRAM.
(a) Establishment.--Section 903(a) (33 U.S.C. 3102(a)) is amended
to read as follows:
``(a) Program.--
``(1) In general.--As part of the interagency oceans and
human health research program, the Secretary of Commerce shall
establish an Oceans and Human Health Program to coordinate and
implement research and activities of the National Oceanic and
Atmospheric Administration related to the role of the oceans,
the coasts, and the Great Lakes in human health. The program
shall link National Oceanic and Atmospheric Administration
research programs with operational activities focused on--
``(A) forecasting to provide early warning and
prediction of near-term and long-term health risks;
``(B) surveillance, monitoring and diagnosis to
recognize emerging threats to public health;
``(C) assessment of risk perception, management
needs, and response actions; and
``(D) developing ocean health products and
services.
``(2) Coordination with other agencies' efforts.--The
Secretary shall consult with other Federal agencies conducting
integrated oceans and human health research, monitoring, and
disease surveillance activities and research in related areas,
including the National Science Foundation, the National
Institutes of Health (including the National Institute of
Environmental Health Sciences), the Centers for Disease Control
and Prevention, the Environmental Protection Agency, and other
agencies and departments and shall coordinate the development
of a strategic implementation plan with defined goals and
benchmarks for the program.
``(3) Administration.--To the extent practical based on
appropriations, the Oceans and Human Health Program may provide
support for--
``(A) centralized program and research
coordination;
``(B) an external advisory panel;
``(C) one or more National Oceanic and Atmospheric
Administration national centers of excellence that may
include diagnostic laboratories to provide processing
of marine organism samples;
``(D) transitioning scientific discoveries from
research activities into applications;
``(E) research grants; and
``(F) distinguished scholars and training.''.
(b) Advisory Panel.--Section 903(b) (33 U.S.C. 3102(b)) is amended
by striking ``sciences.'' and inserting ``sciences, including public
health professionals, veterinarians, and other health professionals.''.
(c) National Centers.--Section 903(c) (33 U.S.C. 3102(c)) is
amended--
(1) in paragraph (1), by striking ``for''; and
(2) by striking paragraph (2) and inserting the following:
``(2) The centers shall focus on areas related to agency
missions and the program scope (as defined in section
902(c)).''.
(d) Extramural Research Grants.--Section 903(d) (33 U.S.C. 3102(d))
is amended by adding at the end the following:
``(3) Grants under this subsection shall support research
and activities within the program scope (as defined in section
902(c)).''.
(e) Training Program.--Section 903(e) (33 U.S.C. 3102(e)) is
amended--
(1) by striking the heading and inserting ``(e) Training
Program--'';
(2) by striking ``program to provide traineeships,
training,'' and inserting ``competitive program to provide
training, exposure,''; and
(3) by striking ``initiative.'' and inserting ``Oceans and
Human Health Program.''.
(f) Distinguished Scholars; Cooperative Agreements; Coordination;
etc.--Section 903 (33 U.S.C. 3102) is amended by adding at the end the
following:
``(f) Distinguished Scholars.--The Secretary of Commerce may
establish a competitive program to recognize highly distinguished
external scientists in any area of oceans and human health research and
to involve those scientists in collaborative work with the NOAA Oceans
and Human Health Program.
``(g) Agreements.--The Secretary of Commerce may execute and
perform such contracts, leases, grants, or cooperative agreements as
may be necessary to carry out this section.
``(h) Coordination.--
``(1) Integrated ocean observing system.--The Secretary
shall ensure that the Oceans and Human Health Program and the
National Integrated Coastal and Ocean Observation System work
together to develop and deploy instruments for sensing and
predicting ocean changes linked to health, develop early
warning systems that detect biological and chemical indicators,
and support the data management and analysis functions to
develop forecasts for ocean conditions that threaten health.
``(2) Harmful algal blooms and hypoxia.--The Secretary
shall ensure that the Oceans and Human Health Program and
Harmful Algal Blooms and Hypoxia Program work together to
coordinate and avoid duplication of activities.
``(3) Other programs.--The Secretary shall ensure that the
Program also coordinates its efforts across the National
Oceanic and Atmospheric Administration to link and support
ocean and human health-related research and programs.
``(i) Report to Congress.--Within 6 months after the date of
enactment of the Oceans and Human Health Reauthorization Act of 2011,
the Secretary shall report to the Congress on how the National Oceanic
and Atmospheric Administration plans to implement the recommendations
of its Science Advisory Board Working Group on Oceans and Health.
``(j) Operational Parameters.--
``(1) In general.--The Secretary of Commerce shall operate
the Oceans and Human Health Program as an interdisciplinary
research, development, and application program spanning the
agency and in partnership with the external scientific and
health communities.
``(2) Resources.--To achieve this vision and maximize
potential for leveraging appropriations, the National Oceanic
and Atmospheric Administration may--
``(A) apply for, accept, use, and spend Federal,
State, and private funds and in-kind contributions as
necessary to further the mission of the program without
regard to section 3302(b) of title 31, United States
Code, and without regard to the source or of the period
of availability of such funds;
``(B) apply for and hold patents either solely or
in partnership with others and receive royalties from
patents or licenses; and
``(C) share personnel and facilities with public
and private partners as well as provide and accept
reimbursement for the sharing of such personnel and
facilities.''.
SEC. 4. PUBLIC INFORMATION AND OUTREACH.
(a) In General.--Section 904(a) (33 U.S.C. 3103(a)) is amended--
(1) by striking ``National Sea Grant program, relevant
National Ocean Service and National Marine Fisheries Service
research programs'' and inserting ``all relevant the National
Oceanic and Atmospheric Administration programs and
institutions of higher education,''; and
(2) by striking ``Initiative'' and inserting ``Program''.
(b) Report.--Section 904(b) (33 U.S.C. 3103(b)) is amended to read
as follows:
``(b) Report.--
``(1) In general.--As part of this program, the Secretary
of Commerce shall submit to Congress a biennial report
describing--
``(A) projects, products, and programs funded under
the Oceans and Human Health Program;
``(B) the work of the Advisory Panel;
``(C) how the Oceans and Human Health Program is
meeting the goals and objectives of its strategic plan;
and
``(D) any recommendations the Secretary may have
for improving or expanding the Oceans and Human Health
Program.
``(2) Combined reports.--The report required by paragraph
(1) may be the same as the National Oceanic and Atmospheric
Administration input for the interagency report required by
section 902(d).''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 905 (33 U.S.C. 3104) is amended--
(1) by striking ``Initiative,'', ``initiative'', and
``Initiative.'', and inserting ``Program,'', ``Program'', and
``Program.'', respectively;
(2) by striking ``$60,000,000 for fiscal years 2005 through
2008'' and inserting ``$6,000,000 for each of fiscal years 2011
through 2015''; and
(3) by striking ``grant and traineeship'' and inserting
``grant, distinguished scholars, and training''.
SEC. 6. OCEANS DEFINED TO INCLUDE THE GREAT LAKES.
The Act is amended by adding after section 905 (33 U.S.C. 3104) the
following:
``SEC. 906. OCEANS DEFINED.
``In this title, the term `oceans' includes the Great Lakes, and
the coastal areas appertaining thereto.''. | Oceans and Human Health Reauthorization Act of 2011 - Expands the interagency oceans and human health research program established under the Oceans and Human Health Act to: (1) direct the President, through the National Science and Technology Council (NSTC), to deliver information, products, and services to reduce public health risks and enhance health benefits from the ocean; and (2) include within the term "oceans" the Great Lakes and related coastal areas.
Directs the NSTC, through the Director of the Office of Science and Technology Policy, to submit to Congress, within 2 years after enactment of this Act and every 10 years thereafter, an update of the 2007 Interagency Oceans and Human Health Research Implementation Plan that defines the roles of specified federal agencies to avoid duplication of activities.
Adds monitoring, surveillance, forecasting, mitigation, prevention, and outreach goals to federal research priorities. Extends the program's scope to atmospheric and biological sciences, food-borne diseases, corals, shellfish, and marine ecosystem and animal health predictive models.
Authorizes coordination with interagency working groups of the Subcommittee on Ocean Science and Technology, through the NSTC, to monitor and reduce marine public health problems, including climate change. Authorizes development of new technologies for detecting and reducing hazards to human health from ocean sources.
Requires the Secretary of Commerce to establish an Oceans and Human Health Program to coordinate and implement research and activities of the National Oceanic and Atmospheric Administration (NOAA).
Revises the mission and scope of NOAA centers of excellence. | To promote ocean and human health and for other purposes. |
.
Subsection (a) of section 300112 of title 36, United States Code,
is amended to read as follows:
``(a) Establishment.--The corporation shall establish an Office of
the Ombudsman to enhance dispute resolution regarding concerns raised
to the Office of the Ombudsman by internal and external stakeholders
regarding the corporation, regularly report to the board of governors
information on trends and patterns on concerns communicated to the
Office of the Ombudsman regarding the corporation, and carry out such
other duties and responsibilities as may be provided in the bylaws or a
resolution of the board of governors.''.
SEC. 4. INSPECTORS GENERAL OVERSIGHT.
(a) In General.--Chapter 3001 of title 36, United States Code, is
amended by adding at the end the following new sections:
``Sec. 300114. Treasury Inspector General for Tax Administration audit
``Not later than one year after the date of the enactment of this
section, the Treasury Inspector General for Tax Administration shall
conduct an audit of the corporation's revenues, expenditures, and
governance not less often than once every three years. Such audit shall
be posted on the website of the Treasury Inspector General for Tax
Administration. In carrying out this section, the Treasury Inspector
General for Tax Administration shall coordinate activities to maximize
the effectiveness of oversight activities, avoid unnecessary
duplication of efforts, and minimize administrative burdens on the
corporation.
``Sec. 300115. Department of Homeland Security Inspector General audit
``Not later than two years after the date of the enactment of this
section, the Inspector General of the Department of Homeland Security
shall evaluate the performance of the corporation's disaster assistance
services pursuant to paragraph (4) of section 300102, including
services provided in connection with the national preparedness system
established under section 644 of the Department of Homeland Security
Appropriations Act, 2007 (6 U.S.C. 744), or any successor system, not
less often than once every three years. Such audit shall be posted on
the website of the Inspector General. In carrying out this section, the
Inspector General shall coordinate activities to maximize the
effectiveness of oversight activities, avoid unnecessary duplication of
efforts, and minimize administrative burdens on the corporation.
``Sec. 300116. United States Agency for International Development
Inspector General audit
``Not later than three years after the date of the enactment of
this section, the Inspector General of the United States Agency for
International Development shall evaluate the performance of the
corporation's international activities not less often than once every
three years. Such audit shall be posted on the website of the Inspector
General. In carrying out this section, the Inspector General shall
coordinate activities to maximize the effectiveness of oversight
activities, avoid unnecessary duplication of efforts, and minimize
administrative burdens on the corporation.''.
(b) Clerical Amendment.--The table of contents of chapter 3001 of
title 36 is amended by adding at the end the following new items:
``300114. Treasury Inspector General for Tax Administration.
``300115. Department of Homeland Security Inspector General audit.
``300116. United States Agency for International Development Inspector
General audit.''.
SEC. 5. ACCESSING THE OMBUDSMAN.
Not later than 60 days after the date of the enactment of this Act,
the American National Red Cross shall make prominent on its website
information on how to submit to the Office of the Ombudsman of the
American National Red Cross concerns about the organization, including
concerns related to the administration of its programs, policies,
fundraising activities, advertising messages, and employment practices.
SEC. 6. DEPARTMENT OF HOMELAND SECURITY PILOT PROGRAM.
(a) In General.--The Secretary of Homeland Security, acting through
the Under Secretary for Science and Technology of the Department of
Homeland Security, shall conduct a one-year pilot program with the
American National Red Cross to research and develop mechanisms for the
Department to better leverage social media to improve preparedness and
response capabilities, including the following:
(1) The timely dissemination of public preparedness
information for terrorist attacks and other disasters.
(2) The delivery of response supplies to affected areas.
(b) Report.--Not later than 90 days after completion of the pilot
program required under subsection (a), the Secretary of Homeland
Security shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the lessons learned from
such pilot program and any plan to integrate such lessons into
operations of the Department of Homeland Security.
SEC. 7. ANNUAL REPORT.
On an annual basis, together with the President's submission of a
budget request under section 1105 of title 31, United States Code, the
Secretary of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report on
the extent to which the Department of Homeland Security partnered with
the American National Red Cross in furtherance of preparedness and
response capabilities in the previous year.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act may be
construed as hindering, reducing, impeding, or otherwise impacting the
ability of a State to conduct oversight or investigations of the
American National Red Cross. | American Red Cross Sunshine Act This bill authorizes the Comptroller General to review the involvement of the American National Red Cross (the corporation) in any federal program or activity the corporation carries out (current law), including in connection with events for which the government provides leadership or support under the national preparedness system. For purposes of such review, the Comptroller General shall have: (1) access to and the right to examine and copy all corporation records the Comptroller General deems relevant, and (2) access to and the right to interview any corporation employee or volunteer the Comptroller General believes to have relevant knowledge. The Comptroller General may: (1) subpoena a record or employee of the corporation, and (2) bring a civil action in U.S. district court for the District of Columbia to enforce compliance with such subpoena. The corporation's Office of the Ombudsman must enhance dispute resolution regarding concerns raised by stakeholders regarding the corporation and regularly report to the corporation's board of governors information on trends and patterns on concerns communicated to the Office regarding the corporation. The Office must make information available on its website on how to submit concerns about the organization. The bill requires audits, every three years, by: (1) the Treasury Inspector General for Tax Administration of the corporation's revenues, expenditures, and governance; (2) the Department of Homeland Security (DHS) Inspector General of the corporation's disaster assistance services; and (3) the U.S. Agency for International Development Inspector General of the corporation's international activities. DHS must: (1) conduct a one-year pilot program with the corporation to develop mechanisms for DHS to better leverage social media to improve preparedness and response capabilities, and (2) annually report on the extent to which DHS partnered with the corporation in furtherance of preparedness and response capabilities. | American Red Cross Sunshine Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rigs to Reefs Act of 2003''.
SEC. 2. AUTHORITY TO USE DECOMMISSIONED OFFSHORE OIL AND GAS PLATFORMS
FOR MARICULTURE, ARTIFICIAL REEF, OR SCIENTIFIC RESEARCH.
(a) In General.--The Outer Continental Shelf Lands Act (43 U.S.C.
1301 et seq.) is amended by inserting after section 9 the following:
``SEC. 10. USE OF DECOMMISSIONED OFFSHORE OIL AND GAS PLATFORMS FOR
MARICULTURE, ARTIFICIAL REEF, OR SCIENTIFIC RESEARCH.
``(a) In General.--The Secretary shall issue regulations under
which the Secretary may authorize use of an offshore oil and gas
platform that is decommissioned from service for oil and gas purposes
for culture of marine organisms, an artificial reef, or scientific
research.
``(b) Limitation on Liability.--A person that used an offshore oil
and gas platform for oil and gas purposes and that does not have any
ownership or control of the platform shall not be liable under Federal
law for any costs or damages arising from such platform after the date
the platform is used for culture of marine organisms, an artificial
reef, or scientific research under this section, unless such costs or
damages arise from--
``(1) use of the platform by the person for development or
production of oil or gas; or
``(2) another act or omission of the person.
``(c) Other Leasing and Use Not Affected.--This section, and the
use of any offshore oil and gas platform for culture of marine
organisms, an artificial reef, or scientific research under this
section, shall not affect--
``(1) the authority of the Secretary to lease any area
under this Act; or
``(2) any activity otherwise authorized by a lease under
this Act.''.
(b) Deadline for Regulations.--The Secretary of the Interior shall
issue regulations under subsection (a) by not later than 180 days after
the date of the enactment of this Act.
(c) Study and Report on Effects of Removal of Platforms.--Not later
than one year after the date of the enactment of this Act, the
Secretary of Interior, in consultation with other Federal agencies as
necessary, shall study and report to the Congress regarding how the
removal of offshore oil and gas platforms from the outer Continental
Shelf would affect existing fish stocks and coral populations.
SEC. 3. CREDIT FOR COSTS RELATING TO CONVERTING OFFSHORE OIL AND GAS
PLATFORMS FOR USE IN CULTURING MARINE ORGANISMS.
(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. 45G. CREDIT FOR COSTS RELATING TO CONVERTING OFFSHORE OIL AND
GAS PLATFORMS FOR CULTURING MARINE ORGANISMS.
``(a) General Rule.--For purposes of section 38, the marine
organisms culturing credit is an amount equal to 30 percent of the
qualified marine organisms culturing expenditures of the taxpayer
during the taxable year.
``(b) Qualified Marine Organisms Culturing Expenditures.--For
purposes of subsection (a), the term `qualified marine organisms
culturing expenditures' means, with respect to a platform owned by the
taxpayer--
``(1) amounts paid or incurred for maintaining an offshore
oil and gas platform from the time such platform is
decommissioned from service for oil and gas purposes to the
time it is converted for use in the culture of marine
organisms, including costs of moving such platform to the
reefing location, if applicable,
``(2) an amount equal to the excess (if any) of--
``(A) the costs of converting such platform for use
in the culture of marine organisms, over
``(B) the amount that could have been received if
such platform were sold as scrap on shore.
``(c) Election.--This section shall apply to any taxpayer for any
taxable year only if such taxpayer elects (at such time and in such
manner as the Secretary may by regulations prescribe) to have this
section apply for such taxable year.''.
(b) Conforming Amendments.--
(1) Subsection (b) of section 38 of such Code is amended by
striking ``plus'' at the end of paragraph (14), by striking the
period at the end of paragraph (15) and inserting ``, plus'',
and by adding at the end the following new paragraph:
``(16) the marine organisms culturing credit determined
under section 45G(a).''.
(2) No carryback before effective date.--Subsection (d) of
section 39 of such Code (relating to carryback and carryforward
of unused credits) is amended by adding at the end the
following new paragraph:
``(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the credit determined under
section 45G may be carried back to a taxable year ending before
January 1, 2004.''.
(3) 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. 45G. Credit for costs relating to
converting offshore oil and gas
platforms for culturing marine
organisms.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003. | Rigs to Reefs Act of 2003 - Amends the Outer Continental Shelf Lands Act to instruct the Secretary of the Interior to issue regulations authorizing the use for culture of marine organisms, an artificial reef, or scientific research of any offshore oil and gas platform decommissioned from service for oil and gas purposes.
Denies liability under Federal law of any former owner of an offshore oil and gas platform for costs or damages arising from use of it for culture of marine organisms, an artificial reef, or scientific research, unless such costs or damages arise from: (1) use of the platform by the person for development or production of oil or gas; or (2) another act or omission.
Amends the Internal Revenue Code of 1986 (relating to business-related credits) to establish an income tax credit for costs relating to converting offshore oil and gas platforms for culturing marine organisms. | To amend the Outer Continental Shelf Lands Act to direct the Secretary of the Interior to issue regulations under which the Secretary may authorize use of a decommissioned offshore oil and gas platform for culture of marine organisms, an artificial reef, or scientific research, and for other purposes. |
SECTION 1. LIMITATION ON CITIZEN SUIT PROVISION.
Section 505 of the Federal Water Pollution Control Act (33 U.S.C.
1365) is amended--
(1) in subsection (a) by striking ``subsection (b)'' and
inserting ``subsections (b) and (i)''; and
(2) by adding at the end the following:
``(i) Limitation for POTW Suits.--
``(1) In general.--No action may be commenced under
subsection (a)(1) by a citizen with respect to a publicly owned
treatment works to enforce an effluent standard or limitation
under this Act or an order issued by the Administrator or a
State with respect to such a standard or limitation unless the
publicly owned treatment works is in significant non-
compliance, as defined in the Environmental Protection Agency's
December 12, 1996, guidance document entitled `A General Design
for SNC Redefinition Enhancement in PCS'.
``(2) Exception.--Notwithstanding paragraph (1), no action
may be commenced under subsection (a)(1) with respect to a
publicly owned treatment works that is in significant non-
compliance based on a manual designation, as defined in the
Environmental Protection Agency's December 12, 1996, guidance
document entitled `A General Design for SNC Redefinition
Enhancement in PCS'.''.
SEC. 2. AFFIRMATIVE DEFENSES.
Section 309 of the Federal Water Pollution Control Act (33 U.S.C.
1319) is amended by adding at the end the following:
``(h) Affirmative Defenses.--
``(1) In general.--There shall be no liability under this
Act for a person otherwise liable for the unlawful discharge of
a pollutant from a publicly owned treatment works who can
establish by a preponderance of the evidence that the immediate
cause of the unlawful discharge and any damages was--
``(A) an act of God;
``(B) an act of war;
``(C) an act or omission of a third party other
than an employee or agent of the defendant, or than one
whose act or omission occurs in connection with a
contractual relationship, existing directly or
indirectly, with the defendant, if the defendant
establishes by a preponderance of the evidence that--
``(i) he exercised due care in light of all
relevant facts and circumstances; and
``(ii) he took precautions against
foreseeable acts or omissions of any such third
party and the consequences that could
foreseeably result from such acts or omissions;
or
``(D) any combination of the foregoing
subparagraphs.
``(2) Additional defenses.--All general defenses,
affirmative defenses, and bars to prosecution that may apply
with respect to other Federal criminal offenses may apply under
this Act and shall be determined by the courts of the United
States according to the principles of common law as they may be
interpreted in the light of reason and experience. Concepts of
justification and excuse applicable under this section may be
developed in the light of reason and experience.''.
SEC. 3. WAITING PERIOD.
In implementing the Federal Water Pollution Control Act, the
Administrator of the Environmental Protection Agency or a State, as the
case may be, shall provide a 60-day waiting period between the notice
of a violation of the Act by a publicly owned treatment works and the
issuance of a civil penalty. If within such 60-day period the publicly
owned treatment works submits a viable plan for correcting the non-
compliance that is the subject of the notice and thereafter diligently
implements such plan, the Administrator shall not assess a civil
penalty for the notice of violation.
SEC. 4. PERMIT LENGTH.
(a) In General.--Notwithstanding any other law, any permit issued
to the owner or operator of a publicly owned treatment works by the
Administrator of the Environmental Protection Agency or a State, as the
case may be, to discharge a pollutant under the Federal Water Pollution
Control Act shall have a 15-year term.
(b) Conforming Amendment.--Section 402(b)(1)(B) of the Federal
Water Pollution Control Act is amended by striking ``five years'' and
inserting ``5 years, or, in the case of a publicly owned treatment
works, 15 years''.
SEC. 5. ATTORNEY'S FEES.
Section 505(d) of the Federal Water Pollution Control Act (33
U.S.C. 1365(d)) is amended by inserting after the first sentence the
following: ``With respect to an action involving a publicly owned
treatment works, the court, in determining whether the costs of
litigation (including attorney and expert witness fees) are reasonable,
shall consider the prevailing rate of such fees in the community where
the publicly owned treatment works is located.''.
SEC. 6. COST BENEFIT ANALYSIS.
Notwithstanding any other law, any new or increased treatment
requirement associated with a permit issued to the owner or operator of
a publicly owned treatment works by the Administrator of the
Environmental Protection Agency or a State, as the case may be, to
discharge a pollutant under the Federal Water Pollution Control Act
shall be subject to a cost-benefit analysis performed by the
Administrator or the State to ensure that the costs imposed on such
owner or operator to comply with such new or increased requirement are
outweighed by the benefit to the public of the new or increased
requirement. | Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a citizen suit from being commenced against a publicly owned treatment works (POTW): (1) to enforce an effluent standard or limitation unless the POTW is in significant non-compliance as defined in the Environmental Protection Agency's (EPA's) guidance document entitled "A General Design for SNC Redefinition Enhancement in PCS," or (2) that is in significant non-compliance based on a manual designation as defined by such guidance document.
Prohibits liability for an unlawful discharge of a pollutant from a POTW for a person who can establish by a preponderance of the evidence that the immediate cause of such discharge and any damages was: (1) an act of God; (2) an act of war; or (3) an act or omission of a third party other than an employee or agent of such person or one whose act or omission occurs in connection with a contractual relationship with such person, if such person exercised due care and took precautions against foreseeable acts or omissions of such third party and the consequences that could foreseeably result from such acts or omissions.
Requires the Administrator of EPA or a state to provide a 60-day waiting period between the notice of a violation of such Act by a POTW and the issuance of a civil penalty. Prohibits the Administrator from assessing a penalty for a violation if the POTW submits a viable plan for correcting the non-compliance within such period and thereafter implements such plan.
Requires any permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to have a 15-year (currently five-year) term. Limits attorney fees with respect to actions involving POTWs to the prevailing fees in the community. Requires any new or increased treatment requirement associated with a permit issued to the owner or operator of a POTW to discharge a pollutant under such Act to be subject to a cost-benefit analysis. | To amend the Federal Water Pollution Control Act to limit citizens suits against publicly owned treatment works, to provide for defenses, to extend the period of a permit, to limit attorneys fees, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of the Homeowner Advocate Act
of 2010''.
SEC. 2. OFFICE OF THE HOMEOWNER ADVOCATE.
(a) Establishment.--There is established in the Department of the
Treasury an office to be known as the ``Office of the Homeowner
Advocate'' (in this Act referred to as the ``Office'').
(b) Director.--
(1) In general.--The Director of the Office of the
Homeowner Advocate (in this Act referred to as the
``Director'') shall be appointed by the Secretary of the
Treasury, after consultation with the Secretary of the
Department of Housing and Urban Development, and without regard
to the provisions of title 5, United States Code, relating to
appointments in the competitive service or the Senior Executive
Service.
(2) Supervisor; compensation.--The Director shall report
directly to the Assistant Secretary of the Treasury for
Financial Stability, and shall be entitled to compensation at
the same rate as the highest rate of basic pay established for
the Senior Executive Service under section 5382 of title 5,
United States Code.
(3) Qualifications.--An individual appointed under
paragraph (1) shall have--
(A) experience as an advocate for homeowners; and
(B) experience dealing with mortgage servicers.
(4) Restriction on employment.--An individual may be
appointed as Director only if such individual was not an
officer or employee of a mortgage servicer or the Department of
the Treasury during the 4-year period ending on the date of
such appointment.
(5) Hiring authority.--The Director shall have the
authority to hire staff, obtain support by contract, and manage
the budget of the Office of the Homeowner Advocate.
SEC. 3. FUNCTIONS OF THE OFFICE.
(a) In General.--It shall be the function of the Office--
(1) to assist homeowners, housing counselors, and housing
lawyers in resolving problems with the Home Affordable
Modification Program of the Making Home Affordable initiative
of the Secretary of the Treasury, authorized under the
Emergency Economic Stabilization Act of 2008 (in this title
referred to as the ``Home Affordable Modification Program'');
(2) to identify areas, both individual and systematic, in
which homeowners, housing counselors, and housing lawyers have
problems in dealings with the Home Affordable Modification
Program;
(3) to the extent possible, to propose changes in the
administrative practices of the Home Affordable Modification
Program to mitigate problems identified under paragraph (2);
(4) to identify potential legislative changes which may be
appropriate to mitigate such problems; and
(5) to implement other programs and initiatives that the
Director considers important in assisting homeowners, housing
counselors, and housing lawyers to resolve problems with the
Home Affordable Modification Program, which may include--
(A) running a triage hotline for homeowners at risk
of foreclosure;
(B) providing homeowners with access to housing
counseling programs of the Department of Housing and
Urban Development at no cost to the homeowner;
(C) developing Internet tools related to the Home
Affordable Modification Program; and
(D) developing training and educational materials.
(b) Authority.--
(1) In general.--Staff designated by the Director shall
have the authority to implement mortgage servicer remedies, on
a case-by-case basis, subject to the approval of the Assistant
Secretary of the Treasury for Financial Stability.
(2) Limitations on foreclosures.--A mortgage servicer
participating in the Home Affordable Modification Program may
not initiate or continue a foreclosure proceeding until the
earlier of the date on which the Office of the Homeowner
Advocate case involving a homeowner who applied for a loan
modification under such Program is closed, or 60 days since the
opening of the Office of the Homeowner Advocate case involving
such homeowner has passed, except that nothing in this section
may be construed to relieve any mortgage servicers from any
otherwise applicable rules, directives, or similar guidance
under the Program relating to the continuation or completion of
foreclosure proceedings.
(3) Resolution of homeowner concerns.--The Director shall,
to the extent possible, resolve all homeowner concerns not
later than 30 days after the opening of a case with such
homeowner.
(c) Commencement of Operations.--The Director shall commence its
operations, as required by this Act, not later than 3 months after the
date of enactment of this Act.
(d) Sunset.--Effective on the date of the conclusion of the Home
Affordable Modification Program, the Office of the Homeowner Advocate
and the position of the Director of the Office of the Homeowner
Advocate are hereby abolished.
SEC. 4. RELATIONSHIP WITH EXISTING ENTITIES.
(a) Transfer.--The Director shall coordinate and centralize all
complaint escalations relating to the Home Affordable Modification
Program.
(b) Hotline.--The HOPE hotline (or any successor triage hotline)
shall reroute all complaints relating to the Home Affordable
Modification Program to the Office.
(c) Coordination.--The Director shall coordinate with the
compliance office of the Office of Financial Stability of the
Department of the Treasury and the Homeownership Preservation Office of
the Department of the Treasury.
SEC. 5. REPORTS TO CONGRESS.
(a) Testimony.--The Director shall appear and testify before the
Committee on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives not
less than 4 times a year or at any time at the request of the Chairs of
either committee.
(b) Reports.--The Director shall provide annually to Congress a
detailed report on the Home Affordable Modification Program. Such
report shall contain a full and substantive analysis of the Program, in
addition to statistical information, including, at a minimum--
(1) data and analysis of the types and volume of complaints
received from homeowners, housing counselors, and housing
lawyers, disaggregated by category of mortgage servicer, except
that mortgage servicers may not be identified by name in the
report;
(2) a summary of not fewer than 20 of the most serious
problems encountered by participants of the Home Affordable
Modification Program, including a description of the nature of
such problems;
(3) to the extent known, identification of the 10 most
litigated issues for participants of the Home Affordable
Modification Program, including recommendations for mitigating
such disputes;
(4) data and analysis on the resolutions of the complaints
received from homeowners, housing counselors, and housing
lawyers;
(5) identification of any programs or initiatives that the
Director has taken to improve the Home Affordable Modification
Program;
(6) recommendations for such administrative and legislative
action as may be appropriate to resolve problems encountered by
participants of the Home Affordable Modification Program; and
(7) such other information as the Director considers
advisable.
SEC. 6. FUNDING.
Amounts made available for the costs of administration of the Home
Affordable Modification Program that are not otherwise obligated to
such Program shall be available to carry out the functions of the
Office. Funding shall be maintained at levels adequate to reasonably
carry out such functions. | Office of the Homeowner Advocate Act of 2010 - Establishes in the Department of the Treasury the Office of the Homeowner Advocate to assist homeowners, housing counselors, and housing lawyers in resolving problems with the Home Affordable Modification Program of the Making Home Affordable initiative of the Secretary of the Treasury, authorized under the Emergency Economic Stabilization Act of 2008. | To establish in the Department of the Treasury the Office of the Homeowner Advocate to assist homeowners, housing counselors, and housing lawyers in resolving problems with the Home Affordable Modification Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Educational Opportunities
for Immigrant Children Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Many children are brought to the United States at a
very young age by parents or other adults to accompany them
during the adults' stay in the United States.
(2) In many such instances, parents or other adults
traveling to the United States enter and or remain in this
country without benefit of inspection or authorization to be
present in the United States.
(3) Many children brought to the United States by parents
or other adults arrive in this country without the ability to
make independent decisions about where they wish to live. Once
in the United States, many such children also are incapable of
independent living.
(4) Because of the early age at which many children arrive
in the United States, as they become older, they become fully
integrated into American life, learning English and either
losing or never acquiring the language of their native country.
At the same time, many lose all ties to relatives in their
country of origin or previous country of habitual residence.
(5) Many such children attend public elementary and
secondary schools in the United States. Often, they excel in
academics and contribute to both their communities and the
families with whom they live.
(6) Current United States immigration laws do not provide
the Attorney General with adequate flexibility to take into
account the special humanitarian circumstances in which such
transplanted alien children live. Consequently, such children
are in danger of being removed to a country they do not know,
an eventuality that would cause enormous disruptions in their
lives and in the lives of their loved ones.
(7) Current immigration laws effectively preclude States
and units of local government from providing such children
access to State systems of higher education. Consequently, many
such children cannot continue their education upon graduating
from high school.
(b) Purposes.--The purposes of this Act are--
(1) to provide for aliens who, through no fault of their
own, were brought to the United States as children,
opportunities to regularize their status in the United States,
attend college, and become contributing members of their
communities in this country; and
(2) to repeal certain legislative barriers that impede the
ability of such aliens to become fully integrated into United
States society.
SEC. 3. DEFINITIONS.
(a) Transplanted Child.--As used in this Act, the term,
``transplanted child'' means an alien who is described in section
101(a)(51) of the Immigration and Nationality Act (as amended by
subsection (b) of this Act).
(b) Amendment to the Immigration and Nationality Act.--Section
101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is
amended by adding at the end the following new paragraph:
``(51) The term `transplanted child' means an alien who has
been granted cancellation of removal under section 240A(b)(3)
or who has pending before the Attorney General an application
for cancellation of removal under such section.''.
SEC. 4. RESTORATION OF STATE FLEXIBILITY IN PROVIDING IN-STATE TUITION
FOR COLLEGE-AGE ALIEN CHILDREN.
(a) Restoration.--The Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C.
1623) is amended by striking section 505.
(b) Applicability.--The amendment made by subsection (a) shall
apply to postsecondary education benefits provided on or after July 1,
1998.
SEC. 5. ELIGIBILITY OF TRANSPLANTED CHILDREN FOR PUBLIC BENEFITS.
Section 431(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended--
(1) at the end of paragraph (6), by striking ``; or'' and
inserting a semicolon;
(2) at the end of paragraph (7), by striking the period and
inserting ``; or''; and
(3) by adding after paragraph (7) the following new
paragraph:
``(8) an alien who is a transplanted child, as defined in
section 101(a)(51) of the Immigration and Nationality Act.''.
SEC. 6. AUTHORITY OF ATTORNEY GENERAL TO ADJUST STATUS OF CERTAIN
CHILDREN.
(a) In General.--Section 240A(b) of the Immigration and Nationality
Act (8 U.S.C. 1229b(b)) is amended by--
(1) redesignating paragraph (3) as paragraph (4); and
(2) inserting after paragraph (2) the following new
paragraph:
``(3) Special rule for aliens brought to the united states
as children.--
``(A) Authority.--Subject to subparagraph (B), the
Attorney General may cancel the removal of, and adjust
to the status of an alien lawfully admitted for
permanent residence, an alien who is inadmissible or
deportable from the United States, if the Attorney
General determines that--
``(i)(I) in the case of an alien who has
not attained the age of 18, the alien has been
physically present in the United States for a
continuous period of not less than 3 years
immediately preceding the date of such
application and during such period the alien
has been a person of good moral character; or
``(II) in the case of an alien who is 18
years of age or older, the alien has been
physically present in the United States for a
continuous period of not less than 5 years
immediately preceding the date of such
application, including at least 3 years of
continuous residence before reaching 18 years
of age and during such 5 year period the alien
has been a person of good moral character; and
``(ii) the removal would result in extreme
hardship to the alien, the alien's child, or
the alien's parent.
``(B) Restrictions on authority.--The authority of
the Attorney General under subparagraph (A) shall not
apply to--
``(i) an alien who is inadmissible under
section 212(a)(2)(A)(i)(I) or deportable under
section 237(a)(2)(A)(i) (relating to crimes of
moral turpitude) unless the Attorney General
determines that the alien's removal would
result in extreme hardship to the alien, the
alien's child, or (in the case of an alien who
is a child) to the alien's parent; or
``(ii) an alien who is inadmissible under
section 212(a)(3), or deportable under section
237(a)(2)(D)(i) or 237(a)(2)(D)(ii) (relating
to security and related grounds).''.
(b) Conforming Amendment.--Section 240A(b) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)), is amended in paragraph (4) (as so
redesignated by the amendment made by subsection (a)) by striking
``paragraph (1) or (2)'' each place it appears and inserting
``paragraph (1), (2), or (3).''. | Preserving Educational Opportunities for Immigrant Children Act of 2001 - Amends the Immigration and Nationality Act to define "transplanted child" as an alien who has been granted cancellation of removal or who has such an application pending.Amends the Illegal Immigration Reform and Responsibility Act of 1996 to eliminate the provision prohibiting postsecondary education benefits based on State residency to an illegal alien unless a U.S. citizen or national is eligible for similar benefits without regard to such residency.Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make transplanted children eligible for public benefits.Amends the Immigration and Nationality Act to authorize the Attorney General to cancel the removal of, and adjust to permanent resident status, certain aliens under and above the age of 18 with qualifying years of continuous U.S. residency. | To assist aliens who were transplanted to the United States as children in continuing their education and otherwise integrating into American society. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rosie the Riveter/World War II Home
Front National Historical Park Establishment Act of 2000''.
SEC. 2. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL
PARK.
(a) Establishment.--In order to preserve for the benefit and
inspiration of the people of the United States as a national historical
park certain sites, structures, and areas located in Richmond,
California, that are associated with the industrial, governmental, and
citizen efforts that led to victory in World War II, there is
established the Rosie the Riveter/World War II Home Front National
Historical Park (in this Act referred to as the ``park'').
(b) Areas Included.--The boundaries of the park shall be those
generally depicted on the map entitled ``Proposed Boundary Map, Rosie
the Riveter/World War II Home Front National Historical Park'' numbered
963/80000 and dated May 2000. The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
SEC. 3. ADMINISTRATION OF THE NATIONAL HISTORICAL PARK.
(a) In General.--
(1) General administration.--The Secretary of the Interior (in
this Act referred to as the ``Secretary'') shall administer the
park in accordance with this Act and the provisions of law
generally applicable to units of the National Park System,
including the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 35, 1916 (39
Stat. 535; 16 U.S.C. 1 through 4), and the Act of August 21, 1935
(49 Stat. 666; 16 U.S.C. 461-467).
(2) Specific authorities.--The Secretary may interpret the
story of Rosie the Riveter and the World War II home front, conduct
and maintain oral histories that relate to the World War II home
front theme, and provide technical assistance in the preservation
of historic properties that support this story.
(b) Cooperative Agreements.--
(1) General agreements.--The Secretary may enter into
cooperative agreements with the owners of the World War II Child
Development Centers, the World War II worker housing, the Kaiser-
Permanente Field Hospital, and Fire Station 67A, pursuant to which
the Secretary may mark, interpret, improve, restore, and provide
technical assistance with respect to the preservation and
interpretation of such properties. Such agreements shall contain,
but need not be limited to, provisions under which the Secretary
shall have the right of access at reasonable times to public
portions of the property for interpretive and other purposes, and
that no changes or alterations shall be made in the property except
by mutual agreement.
(2) Limited agreements.--The Secretary may consult and enter
into cooperative agreements with interested persons for
interpretation and technical assistance with the preservation of--
(A) the Ford Assembly Building;
(B) the intact dry docks/basin docks and five historic
structures at Richmond Shipyard #3;
(C) the Shimada Peace Memorial Park;
(D) Westshore Park;
(E) the Rosie the Riveter Memorial;
(F) Sheridan Observation Point Park;
(G) the Bay Trail/Esplanade;
(H) Vincent Park; and
(I) the vessel S.S. RED OAK VICTORY, and Whirley Cranes
associated with shipbuilding in Richmond.
(c) Education Center.--The Secretary may establish a World War II
Home Front Education Center in the Ford Assembly Building. Such center
shall include a program that allows for distance learning and linkages
to other representative sites across the country, for the purpose of
educating the public as to the significance of the site and the World
War II Home Front.
(d) Use of Federal Funds.--
(1) Non-federal matching.--(A) As a condition of expending any
funds appropriated to the Secretary for the purposes of the
cooperative agreements under subsection (b)(2), the Secretary shall
require that such expenditure must be matched by expenditure of an
equal amount of funds, goods, services, or in-kind contributions
provided by non-Federal sources.
(B) With the approval of the Secretary, any donation of
property, services, or goods from a non-Federal source may be
considered as a contribution of funds from a non-Federal source for
purposes of this paragraph.
(2) Cooperative agreement.--Any payment made by the Secretary
pursuant to a cooperative agreement under this section shall be
subject to an agreement that conversion, use, or disposal of the
project so assisted for purposes contrary to the purposes of this
Act, as determined by the Secretary, shall entitle the United
States to reimbursement of the greater of--
(A) all funds paid by the Secretary to such project; or
(B) the proportion of the increased value of the project
attributable to such payments, determined at the time of such
conversion, use, or disposal.
(e) Acquisition.--
(1) Ford assembly building.--The Secretary may acquire a
leasehold interest in the Ford Assembly Building for the purposes
of operating a World War II Home Front Education Center.
(2) Other facilities.--The Secretary may acquire, from willing
sellers, lands or interests in the World War II day care centers,
the World War II worker housing, the Kaiser-Permanente Field
Hospital, and Fire Station 67, through donation, purchase with
donated or appropriated funds, transfer from any other Federal
agency, or exchange.
(3) Artifacts.--The Secretary may acquire and provide for the
curation of historic artifacts that relate to the park.
(f) Donations.--The Secretary may accept and use donations of
funds, property, and services to carry out this Act.
(g) General Management Plan.--
(1) In general.--Not later than 3 complete fiscal years after
the date funds are made available, the Secretary shall prepare, in
consultation with the City of Richmond, California, and transmit to
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a general
management plan for the park in accordance with the provisions of
section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)),
popularly known as the National Park System General Authorities
Act, and other applicable law.
(2) Preservation of setting.--The general management plan shall
include a plan to preserve the historic setting of the Rosie the
Riveter/World War II Home Front National Historical Park, which
shall be jointly developed and approved by the City of Richmond.
(3) Additional sites.--The general management plan shall
include a determination of whether there are additional
representative sites in Richmond that should be added to the park
or sites in the rest of the United States that relate to the
industrial, governmental, and citizen efforts during World War II
that should be linked to and interpreted at the park. Such
determination shall consider any information or findings developed
in the National Park Service study of the World War II Home Front
under section 4.
SEC. 4. WORLD WAR II HOME FRONT STUDY.
The Secretary shall conduct a theme study of the World War II home
front to determine whether other sites in the United States meet the
criteria for potential inclusion in the National Park System in
accordance with section 8 of Public Law 91-383 (16 U.S.C. 1a-5).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
(1) Oral histories, preservation, and visitor services.--There
are authorized to be appropriated such sums as may be necessary to
conduct oral histories and to carry out the preservation,
interpretation, education, and other essential visitor services
provided for by this Act.
(2) Artifacts.--There are authorized to be appropriated
$1,000,000 for the acquisition and curation of historical artifacts
related to the park.
(b) Property Acquisition.--There are authorized to be appropriated
such sums as are necessary to acquire the properties listed in section
3(e)(2).
(c) Limitation on Use of Funds for S.S. RED OAK VICTORY.--None of
the funds authorized to be appropriated by this section may be used for
the operation, maintenance, or preservation of the vessel S.S. RED OAK
VICTORY.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes the Secretary of the Interior, in administering the Park, to enter into cooperative agreements with owners of the World War II Child Development Centers, the World War II worker housing, the Kaiser Permanente Field Hospital, and Fire Station 67A, pursuant to which the Secretary may mark, interpret, improve, restore, and provide technical assistance with respect to their preservation and interpretation.
The Secretary may also enter into cooperative agreements with interested persons for interpretation and technical assistance with the preservation of the Rosie the Riveter Memorial, Vincent Park, the Shimada Peace Memorial Park, Westshore Park, the Ford Assembly Building, Sheridan Observation Point Park, the Bay Trail-Esplanade, the intact dry docks-basin docks and five historic structures at Richmond Shipyard #3, and the vessel S.S. RED OAK VICTORY (and Whirley Cranes associated with ship building in Richmond).
Authorizes the Secretary to establish a World War II Home Front Education Center in the Ford Assembly Building, including a program that allows for distance learning.
Requires 50 percent matching non-Federal funds under the cooperative agreements.
Requires the Secretary to submit to specified congressional committees a general management plan, which shall include a determination of whether there are additional representative sites in Richmond or in the United States relating to industrial, governmental, and citizen efforts during World War II that should be linked to and interpreted at the park.
Directs the Secretary to conduct a theme study of the World War II home front to determine whether other U.S. sites meet the criteria for potential inclusion in the National Park System.
Authorizes appropriations (but not for the operation or maintenance of the vessel S.S. RED OAK VICTORY). | Rosie the Riveter-World War II Home Front National Historical Park Establishment Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NOAA Scholarship Act of 2007''.
SEC. 2. SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.
(a) Establishment of Program.--
(1) In general.--The Administrator is authorized to
establish a Science and Technology Scholarship Program to award
scholarships to individuals to recruit and prepare students for
careers in the National Weather Service and in Administration
marine research, atmospheric research, and satellite programs.
(2) Competitive process.--Individuals shall be selected to
receive scholarships under the scholarship program through a
competitive process primarily on the basis of academic merit,
with consideration given to financial need and the goal of
promoting the participation of individuals described in section
33 or 34 of the Science and Engineering Equal Opportunities Act
(42 U.S.C. 1885a or 1885b) in the scholarship program.
(3) Service agreements.--To carry out the scholarship
program, the Administrator shall enter into contractual
agreements with individuals selected under paragraph (2) under
which the individuals agree to serve as full-time employees of
the Administration, for the period described in subsection
(f)(1), in positions needed by the Administration in fields
described in paragraph (1) and for which the individuals are
qualified, in exchange for receiving a scholarship.
(b) Scholarship Eligibility.--In order to be eligible to
participate in the scholarship program, an individual shall--
(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education in an academic
program or field of study described in the list made available
under subsection (d);
(2) be a citizen or permanent resident of the United
States; and
(3) at the time of the initial scholarship award, not be an
employee (as that term is defined in section 2105 of title 5,
United States Code) of the United States.
(c) Application Required.--An individual seeking a scholarship
under the scholarship program shall submit an application to the
Administrator at such time, in such manner, and containing such
information, agreements, or assurances as the Administrator may require
to carry out this section.
(d) Eligible Academic Programs.--The Administrator shall make
publicly available a list of academic programs and fields of study for
which scholarships may be utilized in fields described in subsection
(a)(1), and shall update the list as necessary.
(e) Scholarship Requirement.--
(1) In general.--The Administrator may provide a
scholarship under the scholarship program for an academic year
if the individual applying for the scholarship has submitted to
the Administrator, as part of the application required under
subsection (c), a proposed academic program leading to a degree
in a program or field of study on the list made available under
subsection (d).
(2) Duration of eligibility.--An individual may not receive
a scholarship under the scholarship program for more than 4
academic years, unless the Administrator grants a waiver.
(3) Scholarship amount.--The dollar amount of a scholarship
under the scholarship program for an academic year shall be
determined under regulations issued by the Administrator, but
may not exceed the cost of attendance, as described in
paragraph (4).
(4) Authorized uses.--A scholarship provided under the
scholarship program may be expended for tuition, fees, and
other authorized expenses as established by the Administrator
by regulation.
(5) Contracts regarding direct payments to institutions.--
The Administrator may enter into a contractual agreement with
an institution of higher education under which the amounts
provided for a scholarship under this section for tuition,
fees, and other authorized expenses are paid directly to the
institution with respect to which the scholarship is provided.
(f) Period of Obligated Service.--
(1) Duration of service.--Except as provided in subsection
(h)(2), the period of service for which an individual shall be
obligated to serve as an employee of the Administration shall
be 24 months for each academic year for which a scholarship
under the scholarship program is provided.
(2) Schedule for service.--
(A) In general.--Except as provided in subparagraph
(B), obligated service under paragraph (1) shall begin
not later than 60 days after the individual obtains the
educational degree for which the scholarship was
provided.
(B) Deferral.--The Administrator may defer the
obligation of an individual to provide a period of
service under paragraph (1) if the Administrator
determines that such a deferral is appropriate. The
Administrator shall prescribe the terms and conditions
under which a service obligation may be deferred
through regulation.
(g) Penalties for Breach of Scholarship Agreement.--
(1) Failure to complete academic training.--Scholarship
recipients who fail to maintain a high level of academic
standing, as defined by the Administrator by regulation, who
are dismissed from their educational institutions for
disciplinary reasons, or who voluntarily terminate academic
training before graduation from the educational program for
which the scholarship was awarded, shall be in breach of their
contractual agreement and, in lieu of any service obligation
arising under such agreement, shall be liable to the United
States for repayment not later than 1 year after the date of
default of all scholarship funds paid to them and to the
institution of higher education on their behalf under the
agreement, except as provided in subsection (h)(2). The
repayment period may be extended by the Administrator when
determined to be necessary, as established by regulation.
(2) Failure to begin or complete the service obligation or
meet the terms and conditions of deferment.--Except as provided
in subsection (h), an individual who receives a scholarship
under the scholarship program and who, for any reason, fails to
begin or complete a service obligation under this section after
completion of academic training, or fails to comply with the
terms and conditions of deferment established by the
Administrator pursuant to subsection (f)(2)(B), shall be in
breach of the contractual agreement. Such an individual shall
be liable to the United States for an amount equal to--
(A) the total amount received by the individual
under the scholarship program; plus
(B) the amount of interest that would have been
earned on such amount, at the maximum legal prevailing
rate as determined by the Treasurer of the United
States, during the period between the date the amount
was awarded to the individual and the date of the
breach of the agreement.
(h) Waiver or Suspension of Obligation.--
(1) Death of individual.--Any obligation of an individual
incurred under the scholarship program (or a contractual
agreement thereunder) for service or payment shall be canceled
upon the death of the individual.
(2) Impossibility or extreme hardship.--The Administrator
shall by regulation provide for the partial or total waiver or
suspension of any obligation of service or payment incurred by
an individual under the scholarship program (or a contractual
agreement thereunder) whenever compliance by the individual is
impossible or would involve extreme hardship to the individual,
or if enforcement of such obligation with respect to the
individual would be contrary to the best interests of the
United States.
SEC. 3. DEFINITIONS.
In this Act:
(a) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(b) Administrator.--The term ``Administrator'' means the Under
Secretary for Oceans and Atmosphere of the Department of Commerce.
(c) Cost of Attendance.--The term ``cost of attendance'' has the
meaning given that term in section 472 of the Higher Education Act of
1965 (20 U.S.C. 1087ll).
(d) Institution of Higher Education.--The term ``institution of
higher education'' has the meaning given that term in section 101(a) of
the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(e) Scholarship Program.--The term ``scholarship program'' means
the Science and Technology Scholarship Program established under
section 2(a). | NOAA Scholarship Act of 2007 - Authorizes the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish a Science and Technology Scholarship Program to award scholarships to students at institutions of higher education to recruit and prepare them for careers in the National Weather Service and in NOAA marine research, atmospheric research, and satellite programs. Sets forth provisions governing such Program. | A bill to establish a Science and Technology Scholarship Program to award scholarships to recruit and prepare students for careers in the National Weather Service and in National Oceanic and Atmospheric Administration marine research, atmospheric research, and satellite programs and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Disability Waiting
Period Elimination Act of 1993''.
SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON
DISABILITY.
(a) Disability Insurance Benefits.--
(1) In general.--The first sentence of section 223(a)(1) of
the Social Security Act is amended by striking ``(i) for each
month'' and all that follows through ``the first month in which
he is under such disability'' and inserting the following:
``for each month beginning with the first month during all of
which such individual is under a disability and in which such
individual becomes so entitled to such insurance benefits''.
(2) Waiting period eliminated from determination of benefit
amount.--
(A) In general.--The first sentence of section
223(a)(2) of such Act is amended by striking ``in--''
and all that follows through ``and as though'' and
inserting the following: ``in the first month for which
such individual becomes entitled to such disability
insurance benefits, and as though''.
(B) Conforming amendment.--The second sentence of
section 223(a)(2) of such Act is amended by striking
``subparagraph (A) or (B) of such sentence, as the case
may be'' and inserting ``such sentence''.
(3) Elimination of defined term.--
(A) In general.--Section 223(c)(2) of such Act is
repealed.
(B) Conforming amendments.--
(i) The heading of section 223(c) of such
Act is amended to read as follows:
``Definition of Insured Status''.
(ii) Section 223(c)(1) of such Act is
amended by striking ``For purposes of
subparagraph (B) of this paragraph, when the
number of quarters'' in the last sentence and
inserting the following:
``(2) In applying paragraph (1)(B), when the number of
quarters''.
(b) Widow's Insurance Benefits Based on Disability.--
(1) In general.--Section 202(e)(1)(F) of such Act is
amended to read as follows:
``(F) if she satisfies subparagraph (B) by reason of clause
(ii) thereof, the first month during all of which she is under
a disability and in which she becomes so entitled to such
insurance benefits,''.
(2) Elimination of defined term.--Section 202(e) of such
Act is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (6), (7), (8), and
(9) as paragraphs (5), (6), (7), and (8), respectively.
(c) Widower's Insurance Benefits Based on Disability.--
(1) In general.--Section 202(f)(1)(F) of such Act is
amended to read as follows:
``(F) if he satisfies subparagraph (B) by reason of clause
(ii) thereof, the first month during all of which he is under a
disability and in which he becomes so entitled to such
insurance benefits,''.
(2) Elimination of defined term.--Section 202(f) of such
Act is amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7), (8), and (9)
as paragraphs (6), (7), and (8), respectively.
SEC. 3. ELIMINATION OF WAITING PERIOD FOR COMMENCEMENT OF PERIODS OF
DISABILITY.
Section 216(i)(2)(A) of the Social Security Act is amended by
striking ``, but only'' and all that follows and inserting a period.
SEC. 4. ELIMINATION OF WAITING PERIOD FOR MEDICARE DISABILITY BENEFITS.
(a) In General.--Section 226(b) of the Social Security Act is
amended--
(1) in paragraph (2)(A), by striking ``, and has for 24
calendar months been entitled to,'';
(2) in paragraph (2)(B), by striking ``, and has been for
not less than 24 months,'';
(3) in paragraph (2)(C)(ii), by striking ``, including the
requirement that he has been entitled to the specified benefits
for 24 months,'';
(4) in the first sentence, by striking ``for each month
beginning with the later of (I) July 1973 or (II) the twenty-
fifth month of his entitlement or status as a qualified
railroad retirement beneficiary described in paragraph (2),
and'' and inserting ``for each month for which he satisfies
paragraph (2), beginning with the first month in which he
satisfies such paragraph, and'';
(5) in the second sentence, by striking ``the ``twenty-
fifth month'' and all that follows through ``paragraph (2)(C)
and''; and
(6) in the third sentence, by striking ``, but not in
excess of 24 such months''.
(b) Conforming Amendment.--
(1) Section 226.--Section 226 of the Social Security Act is
amended by striking subsection (f).
(2) Medicare description.--Section 1811(2) of such Act is
amended by striking ``have been entitled for not less than 24
months'' and inserting ``are entitled''.
(3) Medicare coverage.--Section 1837(g)(1) of such Act is
amended by striking ``25th month'' and inserting ``first
month''.
(4) Railroad retirement system.--Section 7(d)(2)(ii) of the
Railroad Retirement Act of 1974 is amended--
(A) by striking ``has been entitled to an annuity''
and inserting ``is entitled to an annuity'';
(B) by striking ``, for not less than 24 months'';
and
(C) by striking ``could have been entitled for 24
calendar months, and''.
SEC. 5. EFFECTIVE DATES.
(a) Section 2.--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 after the third month
following the month in which this Act is enacted. 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 section 202 (e) or
(f) of the Social Security Act for months after the third month
following the month in which this Act is enacted.
(b) Section 3.--The amendment made by section 3 of this Act shall
apply only with respect to applications for disability determinations
filed under title II of the Social Security Act on or after the 90th
day following the date of the enactment of this Act.
(c) Section 4.--The amendments made by section 4 shall apply to
insurance benefits under title XVIII of the Social Security Act with
respect to items and services furnished in months beginning at least 90
days after the date of the enactment of this Act. | Social Security Disability Waiting Period Elimination Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to eliminate the five-month waiting period which is a prerequisite of eligibility for widow's or widower's insurance benefits on the basis of a disability and for disability insurance benefits. Eliminates the 24-month waiting period required before individuals may become eligible for hospital insurance benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Act on the basis of their entitlement to disability benefits under title II of the Act. | Social Security Disability Waiting Period Elimination Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``The Reclamation Rural Water Supply Act
of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Construct.--The term ``construct'' means to--
(A) install new infrastructure; and
(B) upgrade or replace existing facilities that are
associated with the new infrastructure authorized under
this Act.
(2) Indian tribe.--The term ``Indian tribe'' means any
Indian entity that is--
(A) included on the list of recognized tribes that
the Secretary publishes in the Federal Register in
accordance with section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 479a-1); and
(B) recognized by the Secretary as eligible to
receive services from the Federal Government.
(3) Non-federal project entity.--The term ``non-Federal
project entity'' means a State, regional, or local authority,
Indian tribe, or other qualifying entity, such as a water
conservation district, water conservancy district, or rural
water district or association.
(4) Program.--The term ``program'' means the rural water
supply program established under section 3(a).
(5) Project.--
(A) In general.--The term ``project'' means a water
supply project for communities, an Indian tribe, or
dispersed homesites with domestic or rural water.
(B) Inclusion.--The term ``project'' includes
incidental livestock watering.
(6) Reclamation law.--The term ``Reclamation law'' means
the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts
supplemental to and amendatory of that Act (43 U.S.C. 371 et
seq.)).
(7) Reclamation state.--The term ``Reclamation State''
means each of the States identified in the first section of the
Act of June 17, 1902 (43 U.S.C. 391).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. RURAL WATER SUPPLY PROGRAM.
(a) In General.--The Secretary, in cooperation with non-Federal
project entities, may carry out a rural water supply program to plan,
design, and construct projects in Reclamation States.
(b) Eligibility Criteria.--
(1) In general.--The Secretary shall develop and publish in
the Federal Register criteria for determining the eligibility
of a project for assistance under the program.
(2) Considerations.--The criteria developed under paragraph
(1) shall take into account such factors as--
(A) whether a project serves--
(i) rural areas and communities; or
(ii) Indian tribes;
(B) whether there is an urgent and compelling need
for a project that would--
(i) result in continuous, measurable, and
significant water quality benefits;
(ii) address current or future water supply
shortages; or
(iii) improve the health or aesthetic
quality of water;
(C) whether a project helps meet any applicable
legal requirements;
(D) whether a project--
(i) promotes and applies a regional or
watershed perspective to water resource
management or cross-boundary issues;
(ii) implements an integrated resources
management approach;
(iii) increases water management
flexibility; or
(iv) forms a partnership with other
entities; and
(E) whether a project provides benefits outside the
region in which the project is carried out.
(c) Cost-Sharing Requirement.--
(1) Federal share.--The Federal share of the cost of the
planning and construction of a project shall be the amount
established by the Secretary in the feasibility report for the
project under section 5(c)(1)(D)(i).
(2) Non-federal share.--
(A) In general.--Except as provided in subparagraph
(B), the non-Federal share shall be not less than 25
percent of the cost of planning and construction of the
project, but not more than the amount established by
the Secretary in the feasibility report for the project
under section 5(c)(1)(D)(i).
(B) Reduced non-federal share.--The Secretary may
reduce the non-Federal share of the cost of the
planning and construction of a project under
subparagraph (A) if the Secretary determines that the
amount of the non-Federal share required by that
subparagraph would result in economic hardship for the
non-Federal project entity.
(C) Limitation.--Grants from other Federal sources
shall not be credited toward the non-Federal share
required by this paragraph.
SEC. 4. APPRAISAL INVESTIGATIONS.
(a) In General.--On request of a non-Federal project entity, the
Secretary, in cooperation with the non-Federal project entity and in
consultation with appropriate State, regional, local, and tribal
authorities, may conduct an appraisal investigation of a project to
determine whether--
(1) the project meets the criteria developed under section
(3)(b); and
(2) the Secretary should initiate a feasibility study under
section 5(a).
(b) Report.--On completion of the investigation under subsection
(a), the Secretary shall prepare an appraisal report that includes any
recommendations of the Secretary with respect to whether a feasibility
study should be initiated for the project under section 5(a).
(c) Costs.--The Secretary shall pay the costs of any appraisal
investigations conducted under this section.
SEC. 5. FEASIBILITY STUDIES.
(a) In General.--The Secretary, in cooperation with a non-Federal
project entity, may carry out studies to determine the feasibility of
rural water supply systems recommended for study under section 4(b).
(b) Study Considerations.--In conducting a feasibility study under
this section, the Secretary shall consider--
(1) the need for the proposed project;
(2) short- and long-term water demand and supplies in the
study area;
(3) an evaluation of whether the resources in the study
area are capable of providing a safe and reliable source of
potable water to the communities and rural areas to be served;
(4) any reasonable alternatives to the proposed project
(including nonstructural alternatives) that satisfy the need
for action, including an alternative that is within the ability
of the non-Federal project entity to pay operation,
maintenance, and repair costs of the proposed project;
(5) the economic feasibility and cost effectiveness of the
proposed project;
(6) impacts of the proposed project on the natural and
human environment;
(7) appropriate water conservation measures; and
(8) the financial ability of the non-Federal project entity
to pay--
(A) the non-Federal share of any planning and
construction costs of the proposed project; and
(B) 100 percent of the operation, maintenance, and
replacement costs allocated under subsection
(c)(1)(C)(i).
(c) Report.--
(1) In general.--On completion of a feasibility study under
subsection (a), the Secretary shall prepare a report that--
(A) describes the engineering, environmental, and
economic activities of the Secretary carried out under
the study;
(B) takes into consideration--
(i) the range of potential solutions for,
and the circumstances and needs of, the area to
be served by the proposed project;
(ii) the potential benefits to the people
of the study area; and
(iii) appropriate water conservation
measures;
(C) includes a schedule that identifies--
(i) the amount of operation, maintenance,
and replacement costs that should be allocated
to each non-Federal project entity
participating in the project; and
(ii) the current and expected financial
ability of each non-Federal project entity to
pay the allocated operation, maintenance, and
replacement costs;
(D)(i) specifies the Federal and non-Federal share
of the planning and construction costs of the project;
and
(ii) allocates the non-Federal share among project
beneficiaries; and
(E) includes the recommendations of the Secretary
as to whether the project should be carried out under
this Act.
(2) Submission to congress.--With respect to any project
that the Secretary recommends under paragraph (1)(E), the
Secretary shall submit to Congress--
(A) the feasibility report for the proposed project
prepared under paragraph (1);
(B) any environmental reports associated with the
proposed project; and
(C) a request to develop and construct the proposed
project, as appropriate.
(d) Priorities.--The Secretary shall establish priorities for
carrying out projects under this Act based on--
(1) the extent to which the project takes advantage of--
(A) economic incentives; and
(B) the use of market-based mechanisms;
(2) the cost benefit of the project versus other
alternatives such as desalination;
(3) whether non-Federal project entities have adequate
fiscal controls in place to manage the project; and
(4) the extent to which the project involves partnerships.
(e) Cost-Sharing Requirement.--
(1) Federal share.--The Federal share of the cost of a
feasibility study carried out under this section shall not
exceed 50 percent of the study costs.
(2) Form of non-federal share.--The non-Federal share under
paragraph (1) may be in the form of any in-kind services that
the Secretary determines would contribute substantially toward
the conduct and completion of the study.
(f) Reimbursement of Costs.--If a project is constructed under the
program, the Federal share of feasibility studies shall be--
(1) considered to be project costs; and
(2) reimbursed in accordance with Reclamation law.
SEC. 6. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.
(a) In General.--To be eligible to carry out a project under this
Act, a non-Federal project entity shall establish, to the satisfaction
of the Secretary, that the non-Federal project entity has the ability
to pay all operation, maintenance, and replacement costs of the project
facilities.
(b) Plan.--The non-Federal project entity, in consultation with the
Secretary, shall develop an operation, maintenance, and replacement
plan to provide the necessary framework to assist the non-Federal
project entity in establishing rates and fees for project
beneficiaries.
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Authority of Secretary.--The Secretary may enter into
contracts, financial assistance agreements, and such other agreements,
and promulgate such regulations, as are necessary to carry out this
Act.
(b) Limitation on Use of Funds.--None of the funds made available
to the Secretary for planning or construction of a rural water supply
project developed under the program may be used to plan or construct
facilities used to supply water for irrigation.
(c) Title to Projects.--Title to the components of rural water
supply projects planned, designed, and constructed under the program
shall be held by the non-Federal project entity.
SEC. 8. EFFECT ON FEDERAL RECLAMATION LAW.
Nothing in this Act supersedes or amends--
(1) Reclamation law; or
(2) any Federal law associated with a project, or portion
of a project constructed under Reclamation law.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $70,000,000 for fiscal year 2004 and each fiscal year
thereafter.
(b) Construction Cost Indexing.--
(1) In general.--Any amounts appropriated for the planning
and construction of projects under this Act shall include such
sums as are necessary to defray increases in development costs
reflected in appropriate engineering cost indices after the
completion date of the applicable feasibility report, to remain
available until expended.
(2) Cost sharing.--The Federal and non-Federal share of
cost increases due to inflation shall be allocated in amounts
that are proportionate to the allocation determined under
section 3(c). | The Reclamation Rural Water Supply Act of 2003 - Authorizes the Secretary of the Interior to carry out a rural water supply program in Reclamation States.
Directs the Secretary to develop and publish in the Federal Register criteria for determining the eligibility of a water supply project for assistance under this Act, including: (1) whether a project serves rural areas or Indian tribes; (2) whether there is an urgent need for a project that would result in continuous, measurable, and significant water quality benefits, address current or future water supply shortages, or improve the health or aesthetic quality of water; (3) whether a project helps meet any applicable legal requirements; (4) whether a project promotes a regional perspective to water resource management issues, implements an integrated resources management approach, increases water management flexibility, or forms a partnership with other entities; and (5) whether a project provides benefits outside the region in which the project is carried on.
Authorizes the Secretary to: (1) conduct appraisal investigations of proposed rural water supply projects; and (2) carry out feasibility studies of proposed rural water supply systems.
Requires State and local authorities, Indian Tribes, or other entities carrying out rural water supply projects under this Act to demonstrate the ability to pay all operation, maintenance, and replacement costs of such projects. | A bill to direct the Secretary of the Interior to establish a rural water supply program in the Reclamation States to provide a clean, safe, affordable, and reliable water supply to rural residents. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural America Preservation Act''.
SEC. 2. PAYMENT LIMITATIONS.
Section 1001 of the Food Security of 1985 (7 U.S.C. 1308) is
amended--
(1) in subsection (b)(1), by striking ``$40,000'' and
inserting ``$20,000'';
(2) in subsection (c)(1), by striking ``$65,000'' and
inserting ``$30,000'';
(3) in subsection (d), by striking ``(d)'' and all that
follows through the end of paragraph (1) and inserting the
following:
``(d) Limitations on Marketing Loan Gains, Loan Deficiency
Payments, and Commodity Certificate Transactions.--
``(1) Loan commodities.--The total amount of the following
gains and payments that a person may receive during any crop
year may not exceed $75,000:
``(A)(i) Any gain realized by a producer from
repaying a marketing assistance loan for 1 or more loan
commodities under subtitle B of title I of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C.
7931 et seq.) at a lower level than the original loan
rate established for the loan commodity under that
subtitle.
``(ii) In the case of settlement of a marketing
assistance loan for 1 or more loan commodities under
that subtitle by forfeiture, the amount by which the
loan amount exceeds the repayment amount for the loan
if the loan had been settled by repayment instead of
forfeiture.
``(B) Any loan deficiency payments received for 1
or more loan commodities under that subtitle.
``(C) Any gain realized from the use of a commodity
certificate issued by the Commodity Credit Corporation
for 1 or more loan commodities, as determined by the
Secretary, including the use of a certificate for the
settlement of a marketing assistance loan made under
that subtitle, with the gain reported annually to the
Internal Revenue Service and to the taxpayer in the
same manner as gains under subparagraphs (A) and
(B).'';
(4) by adding at the end the following:
``(h) Single Farming Operation.--
``(1) In general.--Notwithstanding subsections (b) through
(d), subject to paragraph (2), if a person participates only in
a single farming operation and receives, directly or
indirectly, any payment or gain covered by this section through
the farming operation, the total amount of payments or gains
(as applicable) covered by this section that the person may
receive during any crop year may be up to but not exceed twice
the applicable dollar amounts specified in subsections (b),
(c), and (d).
``(2) Individuals.--The total amount of payments or gains
(as applicable) covered by this section that an individual
person may receive during any crop year may not exceed
$250,000.
``(i) Spouse Equity.--Notwithstanding subsections (b) through (d),
except as provided in subsection (e)(2)(C)(i), if an individual and
spouse are covered by subsection (e)(2)(C) and receive, directly or
indirectly, any payment or gain covered by this section, the total
amount of payments or gains (as applicable) covered by this section
that the individual and spouse may jointly receive during any crop year
may not exceed twice the applicable dollar amounts specified in
subsections (b), (c), and (d).
``(j) Regulations.--
``(1) In general.--Not later than 270 days after the date
of enactment of this subsection, the Secretary shall promulgate
regulations--
``(A) to ensure that total payments and gains
described in this section made to or through joint
operations or multiple entities under the primary
control of a person, in combination with the payments
and gains received directly by the person, shall not
exceed twice the applicable dollar amounts specified in
subsections (b), (c), and (d);
``(B) in the case of a person that in the aggregate
owns, conducts farming operations, or provides custom
farming services on land with respect to which the
aggregate payments exceed the applicable dollar amounts
specified in subsections (b), (c), and (d), to
attribute all payments and gains made on crops produced
on the land to--
``(i) a person that rents land as lessee or
lessor through a crop share lease and receives
a share of the payments that is less than the
usual and customary share of the crop received
by the lessee or lessor, as determined by the
Secretary;
``(ii) a person that provides custom
farming services through arrangements under
which--
``(I) all or part of the
compensation for the services is at
risk;
``(II) farm management services are
provided by--
``(aa) the same person;
``(bb) an immediate family
member; or
``(cc) an entity or
individual that has a business
relationship that is not an
arm's length relationship, as
determined by the Secretary; or
``(III) more than \2/3\ of the
farming operations are conducted as
custom farming services provided by--
``(aa) the same person;
``(bb) an immediate family
member; or
``(cc) an entity or
individual that has a business
relationship that is not an
arm's length relationship, as
determined by the Secretary; or
``(iii) a person under such other
arrangements as the Secretary determines are
established to transfer payments from persons
that would otherwise exceed the applicable
dollar amounts specified in subsections (b),
(c), and (d); and
``(C) to ensure that payments attributed under this
section to a person other than the direct recipient
shall also count toward the limit of the direct
recipient.
``(2) Primary control.--The regulations under paragraph (1)
shall define `primary control' to include a joint operation or
multiple entity in which a person owns an interest that is
equal to or greater than the interest of any other 1 or more
persons that materially participate on a regular, substantial,
and continuous basis in the management of the operation or
entity.''.
SEC. 3. SCHEMES OR DEVICES.
Section 1001B of the Food Security Act of 1985 (7 U.S.C. 1308-2)
is amended--
(1) by inserting ``(a) In general.--'' before ``If''; and
(2) by adding at the end the following:
``(b) Fraud.--If fraud is committed by a person in connection with
a scheme or device to evade, or that has the purpose of evading,
section 1001, 1001A, or 1001C, the person shall be ineligible to
receive farm program payments (as described in subsections (b), (c),
and (d) of section 1001 as being subject to limitation) applicable to
the crop year for which the scheme or device is adopted and the
succeeding 5 crop years.''.
SEC. 4. REGULATIONS.
(a) In General.--The Secretary of Agriculture may promulgate such
regulations as are necessary to implement this Act and the amendments
made by this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act and the amendments made by 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. | Rural America Preservation Act - Amends the Food Security Act of 1985 to reduce maximum annual direct and counter-cyclical commodity payments to $20,000 and $30,000, respectively. Revises limitation provisions for marketing loan gains, loan deficiency payments, and commodity certificate transactions, and establishes an annual combined limitation of $75,000 for such payments. Doubles payment limitations for single farming operations. Limits an individual to a combined annual payment of $250,000.
Makes a person who commits fraud in connection with a scheme or device to evade certain program limitations (multiple entities, citizenship) ineligible for farm benefits for six years. | A bill to amend the Food Security Act of 1985 to restore integrity to and strengthen payment limitation rules for commodity payments and benefits. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shrimp Importation Financing
Fairness Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The United States domestic shrimping industry is a
vital social and economic force for many coastal communities
across the United States, affecting not simply those who own
and operate shrimp boats but entire community economies
including food processors, hoteliers and restaurateurs, grocery
markets, and all those who work in and service these industries
and others.
(2) In addition to the economic importance of the domestic
shrimping industry, the industry serves as a key source of safe
domestic foods at a time when the nation is engaged in
hostilities abroad.
(3) Many nations have blocked the importation of shrimp
from certain foreign countries because of their contamination
with various substances, but the United States Government has
yet to take any such action.
(4) Existing international trade agreements are ostensibly
designed to decrease not just government regulation of trade
but also government trade subsidies.
(5) The domestic shrimping industry has been highly
regulated by the Federal Government through Federal
requirements of usage of items, such as by-catch reduction
devices and turtle excluder devices (in this Act referred to as
``TEDs''), which result in a significant loss of product per
trawl, hence damaging the competitive position and market share
of the domestic shrimping fishery.
(6) Seven non-NAFTA foreign countries (Thailand, Vietnam,
India, China, Ecuador, Indonesia, and Brazil) have taken
advantage of this Government-imposed reduction in
competitiveness, by each exporting in excess of 20,000,000
pounds of shrimp to the United States in the first 6 months of
2002.
(7) These foreign countries account for nearly 70 percent
of all shrimp consumed in the United States in the first 6
months of 2002 and nearly 80 percent of all shrimp imported to
this country in the same period.
(8) Since 1999 our Government has provided more than
$1,800,000,000 in financing and insurance for these foreign
countries through the Overseas Private Investment Corporation,
and our Government's current exposure relative to these
countries through our Export-Import Bank totals some
$14,800,000,000, bringing the total subsidy of these countries
by the United States to over $16,500,000,000.
(9) Many of these countries are not market-oriented, and
hence their participation in United States-supported
international finance regimes amounts to a direct subsidy by
American taxpayers in the shrimping sector of their
international competitors.
(10) In any case, any national economy that benefits
directly from participation in these finance regimes indirectly
grants benefits to our foreign shrimping competitors simply
because of the fungibility of funds.
(11) The level of imports of shrimp by the United States
from these countries has compounded the anticompetitive affects
of our current Federal regulatory regime in this sector,
leading to a depression of the price of shrimp.
(12) There is a crisis developing in the domestic shrimping
industry, as evidenced by the fact that the National Marine
Fisheries Service, the lead Federal agency in regulating the
domestic shrimping fishery, held briefings with staff of the
House of Representatives and the Senate, and with industry
representatives, to discuss this crisis and seek solutions
thereto.
(13) Despite this meeting, the National Marine Fisheries
Service has not announced that it will forego future regulatory
encumbrances upon the domestic shrimping industry such as
previously proposed TEDs modifications that would further harm
competitiveness of the domestic shrimping fishery.
SEC. 3. MORATORIUM ON RESTRICTIVE REGULATIONS ON DOMESTIC SHRIMPING
INDUSTRY.
The Secretary of Commerce shall not impose any new restrictive
regulations on the domestic shrimping industry within the area that is
under the jurisdiction of the Gulf of Mexico Fishery Management
Council, including the proposed regulations modifying requirements
relating to turtle excluder devices published on October 2, 2001,
except as authorized by a law enacted after the date of enactment of
this Act.
SEC. 4. BAN ON OPIC FINANCING AND INSURANCE TO COUNTRIES EXPORTING
EXCESSIVE AMOUNTS OF SHRIMP.
The Overseas Private Investment Corporation may not issue any
contract of insurance or reinsurance or any guaranty, or enter into any
agreement to provide financing, in connection with a project undertaken
or to be undertaken in a country which exported more than 20,000,000
pounds of shrimp to the United States in the first 6 months of calendar
year 2002, until 3 months after the foreign country has reduced its
shrimp exports to the United States to less than 3,000,000 pounds per
month for a period of 3 consecutive months.
SEC. 5. UNITED STATES OPPOSITION TO IMF ASSISTANCE TO COUNTRIES
EXPORTING EXCESSIVE AMOUNTS OF SHRIMP TO THE UNITED
STATES IN THE FIRST 6 MONTHS OF 2002.
The Bretton Woods Agreements Act (12 U.S.C. 635(b)) is amended by
adding at the end the following:
``SEC. 64. OPPOSITION TO IMF ASSISTANCE TO COUNTRIES EXPORTING
EXCESSIVE AMOUNTS OF SHRIMP TO THE UNITED STATES IN THE
FIRST 6 MONTHS OF 2002.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director at the Fund to use the voice, vote,
and influence of the United States to oppose the provision by the Fund
of assistance in any form to any foreign country which exported to the
United States more than 20,000,000 pounds of shrimp in the first 6
months of calendar year 2002, until 3 months after the foreign country
has reduced its shrimp exports to the United States to less than
3,000,000 pounds per month for a period of 3 consecutive months.
``(b) Reduction of United States Contributions.--
``(1) In general.--If, during the first 3-month period
referred to in subsection (a), the Fund provides assistance in
any form to a foreign country referred to in subsection (a),
the Secretary of the Treasury shall reduce the amount otherwise
authorized to be contributed by the United States to the Fund
in the first fiscal year that begins after the provision of the
assistance by a percentage equal to--
``(A) the amount contributed by the United States
to the Fund in the fiscal year in which the assistance
is so provided, divided by the total of the amounts
contributed to the Fund by all member countries in the
fiscal year in which the assistance is so provided;
multiplied by
``(B) the total amount of assistance provided by
the Fund to the foreign country in the fiscal year
referred to in subparagraph (A), divided by the total
amount of assistance provided by the Fund to all
countries in the fiscal year referred to in
subparagraph (A).
``(2) Continuation of reductions if necessary to recover
full amount of opposed assistance.--The Secretary shall
continue to reduce the amount otherwise authorized to be
contributed by the United States to the Fund for succeeding
fiscal years until the total amount of the reductions under
paragraph (1) with respect to the foreign country equals the
amount of the assistance referred to in paragraph (1) with
respect to the foreign country.
``(c) Notice to the Congress of Amount of Impending Reduction.--
Within 60 legislative days after the Fund, during the first 3-month
period referred to in subsection (a), provides assistance in any form
to a foreign country referred to in subsection (a), the Secretary of
the Treasury shall--
``(1) determine the amount by which the United States
contribution to the Fund is required to be reduced under
subsection (b); and
``(2) notify the Committee on Financial Services of the
House of Representatives and the Committee on Foreign Relations
of the Senate of the amount of the required reduction.''.
SEC. 6. BAN ON EXPORT-IMPORT BANK ASSISTANCE TO COUNTRIES EXPORTING
EXCESSIVE AMOUNTS OF SHRIMP TO THE UNITED STATES IN THE
FIRST 6 MONTHS OF 2002.
Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)) is amended by adding at the end the following:
``(13) The Bank may not guarantee, insure, or extend (or
participate in the extension of) credit in connection with the
export of any good or service to any foreign country which
exported to the United States more than 20,000,000 pounds of
shrimp in the first 6 months of calendar year 2002, until 3
months after the foreign country has reduced its shrimp exports
to the United States to less than 3,000,000 pounds per month
for a period of 3 consecutive months.''. | Shrimp Importation Financing Fairness Act - Prohibits the Secretary of Commerce from imposing any new restrictive regulations on the domestic shrimping industry within the area that is under the jurisdiction of the Gulf of Mexico Fishery Management Council.Prohibits the Overseas Private Investment Corporation from issuing any contract of insurance or reinsurance or any guaranty, or from entering into any agreement to provide financing for a project undertaken or to be undertaken in a country which exported more than 20 million pounds (excessive amounts) of shrimp to the United States in the first six months of 2002, until three months after it has reduced its shrimp exports to less than three million pounds per month for three consecutive months.Requires the Secretary of the Treasury to instruct the U.S. Executive Director at the International Monetary Fund to use the voice, vote, and influence of the United States to oppose providing assistance to any foreign country that exported excessive amounts of shrimp to the United States in the first six months of 2002, until it fulfills the requirements of this Act.Authorizes the Secretary to reduce the amount of U.S. contributions to the Fund according to a specified formula if, during the first such three-month period, the Fund provides assistance to any such country.Prohibits the Export-Import Bank of the United States from providing assistance to any country that exported excessive amounts of shrimp to the United States in the first six months of 2002, until it fulfills the requirements of this Act. | To support the domestic shrimping industry by eliminating taxpayer subsidies for certain competitors, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``AMT and Tax Deduction Fairness Act
of 2001''.
SEC. 2. ALLOWANCE OF STATE AND LOCAL INCOME TAXES AGAINST ALTERNATIVE
MINIMUM TAX.
(a) In General.--Section 56(b)(1)(A)(ii) of the Internal Revenue
Code of 1986 (relating to limitation on deductions) is amended by
inserting ``(other than State and local income taxes or general sales
taxes)'' before the period.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES IN LIEU OF
STATE AND LOCAL INCOME TAXES.
(a) In General.--Subsection (b) of section 164 of the Internal
Revenue Code of 1986 (relating to definitions and special rules) is
amended by adding at the end the following:
``(5) General sales taxes.--For purposes of subsection
(a)--
``(A) Election to deduct state and local sales
taxes in lieu of state and local income taxes.--
``(i) In general.--At the election of the
taxpayer for the taxable year, subsection (a)
shall be applied--
``(I) without regard to the
reference to State and local income
taxes,
``(II) as if State and local
general sales taxes were referred to in
a paragraph thereof, and
``(III) without regard to the last
sentence.
``(B) Definition of general sales tax.--The term
`general sales tax' means a tax imposed at one rate
with respect to the sale at retail of a broad range of
classes of items.
``(C) Special rules for food, etc.--In the case of
items of food, clothing, medical supplies, and motor
vehicles--
``(i) the fact that the tax does not apply
with respect to some or all of such items shall
not be taken into account in determining
whether the tax applies with respect to a broad
range of classes of items, and
``(ii) the fact that the rate of tax
applicable with respect to some or all of such
items is lower than the general rate of tax
shall not be taken into account in determining
whether the tax is imposed at one rate.
``(D) Items taxed at different rates.--Except in
the case of a lower rate of tax applicable with respect
to an item described in subparagraph (C), no deduction
shall be allowed under this paragraph for any general
sales tax imposed with respect to an item at a rate
other than the general rate of tax.
``(E) Compensating use taxes.--A compensating use
tax with respect to an item shall be treated as a
general sales tax. For purposes of the preceding
sentence, the term `compensating use tax' means, with
respect to any item, a tax which--
``(i) is imposed on the use, storage, or
consumption of such item, and
``(ii) is complementary to a general sales
tax, but only if a deduction is allowable under
this paragraph with respect to items sold at
retail in the taxing jurisdiction which are
similar to such item.
``(F) Special rule for motor vehicles.--In the case
of motor vehicles, if the rate of tax exceeds the
general rate, such excess shall be disregarded and the
general rate shall be treated as the rate of tax.
``(G) Separately stated general sales taxes.--If
the amount of any general sales tax is separately
stated, then, to the extent that the amount so stated
is paid by the consumer (other than in connection with
the consumer's trade or business) to the seller, such
amount shall be treated as a tax imposed on, and paid
by, such consumer.
``(H) Amount of deduction to be determined under
tables.--
``(i) In general.--The amount of the
deduction allowed under this paragraph shall be
determined under tables prescribed by the
Secretary.
``(ii) Requirements for tables.--The tables
prescribed under clause (i) shall reflect the
provisions of this paragraph and shall be based
on the average consumption by taxpayers on a
State-by-State basis, as determined by the
Secretary, taking into account filing status,
number of dependents, adjusted gross income,
and rates of State and local general sales
taxation.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | AMT and Tax Deduction Fairness Act of 2001 - Amends the Internal Revenue Code to allow: (1) the State and local income tax deduction against the alternative minimum tax; and (2) the deduction of State and local general sales taxes in lieu of State and local income taxes. | A bill to amend the Internal Revenue Code of 1986 to allow a deduction for State and local sales taxes in lieu of State and local income taxes and to allow the State and local income tax deduction against the alternative minimum tax. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Reform Assessment Act of
1994''.
SEC. 2. IDENTIFYING STRATEGIES FOR ASSESSING IMPACT OF HEALTH CARE
REFORM.
(a) In General.--Within 90 days after the date of the enactment of
this Act, the Secretary of Health and Human Services shall seek to
enter into an agreement with the Institute of Medicine of the National
Academy of Sciences (or another nonprofit, nongovernmental organization
or consortium of institutions) to study and report on the impact of
health care reform legislation at the national, regional, and State
levels.
(b) Purpose.--The purpose of the study under this section is to
develop a detailed framework, using a prospective, longitudinal study
design, to assess the impact of health care reforms on national goals,
such as the goals of assuring security of coverage, promoting
simplicity of administration, achieving health care savings,
encouraging individual responsibility, improving quality of care,
promoting choice, and improving health status.
(c) Report.--The Secretary shall require the organization
conducting the study under this section to submit to the Secretary and
the Congress a report within 18 months after the date of the enactment
of this Act. The report shall include recommendations regarding each of
the following:
(1) What are appropriate indicators of national progress
towards meeting the national goals referred to in subsection
(b).
(2) What are appropriate study designs that would assess
the impact of health care reform on these indicators and that
could take into account different approaches to health care
reform that may be used in different States and regions (or by
different Federal agencies), as well as by foreign countries.
(3) What are data elements and public and private sources
of information for measuring such indicators. With respect to
such elements:
(A) What special requirements or authorities are
needed to permit access to confidential data (and to
assure continued confidentiality of such data) needed
to measure such indicators.
(B) What methods for obtaining these data elements
that are not currently in use would be useful.
(C) What are the approaches to establishing a core
set of primary data as part of a national health care
reform collection effort that could overlap with the
evaluation of health care reform.
(D) What should be the relationship between
Federal, State, and local agencies to gather, report,
and share information on health care reform and its
assessment.
(4) What are the nature, scope, and frequency of reports
that would best serve the Secretary and the Congress for
evaluating health reform efforts.
(5) What are the overall cost estimates associated with
obtaining and evaluating this information on the impact of
health care reform.
(6) What are the ways that health care reform assessment
findings could be used by various groups, such as patients,
providers, insurers, employers, taxpayers, and various
government agencies.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000 to carry out the study under this section.
SEC. 3. DEVELOPING BASELINE FOR EVALUATING HEALTH CARE REFORM.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
seek to enter into an agreement with the Institute of Medicine of the
National Academy of Sciences (or another nonprofit, nongovernmental
organization or consortium of institutions) to develop and report on
baseline information to measure access to, and quality and cost of,
health care and the individual and public health status of permanent
residents of the United States.
(b) Purpose.--The purpose of the study under this section is to
establish a benchmark for assessing the short-term and long-term impact
of health care reform efforts at the national, regional, and State
level.
(c) Relation to Other Study.--
(1) Design.--The baseline information to be collected under
this section shall be based, to the extent reasonable, on the
study designs, data sources, and indicators likely to be
included in recommendations made under section 2(c).
(2) Coordination.--The Secretary shall seek, to the extent
reasonable, to enter into an agreement under this section with
the same organization that is conducting the study under
section 2, in order to facilitate the maximum cooperation and
coordination in the performance of both studies.
(d) Report.--
(1) In general.--The Secretary shall require the
organization conducting the study under this section to submit
to the Secretary and the Congress a report within 30 months
after the date of the enactment of this Act. The report shall
include information and assessments regarding the following (as
of the date of the enactment of this Act or prior to
implementation of health care reform):
(A) The levels of access to health care services.
(B) The levels of quality of care of those
services.
(C) The cost of the care provided, based on
measures such as cost of services, the cost of treating
various conditions, and the average and marginal cost
of maintaining and improving health.
(D) The health status of the public, as a whole and
by population subgroups.
(2) Basis.--The information described in paragraph (1)
shall be reported in a manner that permits separate evaluation
of--
(A) health care services in the public and private
sectors, and
(B) different types of services, including
institutional services, ambulatory services, acute
services, long-term care services, mental health
services, and population-based services in the public
and private sectors.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $3,000,000 to carry out the study under this section. | Health Care Reform Assessment Act of 1994 - Directs the Secretary of Health and Human Services to seek to enter into an agreement with the Institute of Medicine of the National Academy of Sciences (or another nonprofit, nongovernmental organization or consortium of institutions) to study and report on the impact of health care reform legislation at the national, regional, and State levels.
Sets forth provisions regarding: (1) the purpose of the study (to develop a detailed framework to assess the impact of health care reforms on national goals, such as assuring security of coverage, promoting simplicity of administration, achieving health care savings, encouraging individual responsibility, improving quality of care, promoting choice, and improving health status); and (2) reporting requirements (including recommendations regarding appropriate indicators of national progress towards meeting such goals, appropriate study designs, data elements and public and private sources of information for measuring such indicators, the nature, scope, and frequency of reports that would best serve in evaluating health reform efforts, overall cost estimates associated with obtaining and evaluating this information, and ways that health care reform assessment findings could be used by various groups). Authorizes appropriations.
Directs the Secretary to seek to enter into such agreement to develop and report on baseline information to measure access to, and quality and cost of, health care and the individual and public health status of permanent residents of the United States. Authorizes appropriations. | Health Care Reform Assessment Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wider Incentives for Non-Gasoline
Small Electric Vehicles Act of 2002'' or the ``WINGS EV Act of 2002''.
SEC. 2. MODIFICATION OF CREDIT FOR QUALIFIED ELECTRIC VEHICLES.
(a) Amount of Credit.--
(1) In general.--Section 30(a) of the Internal Revenue Code
of 1986 (relating to allowance of credit) is amended by
striking ``10 percent of''.
(2) Limitation of credit according to type of vehicle.--
Section 30(b) of such Code (relating to limitations) is
amended--
(A) by striking paragraphs (1) and (2) and
inserting the following:
``(1) Limitation according to type of vehicle.--The amount
of the credit allowed under subsection (a) for any vehicle
shall not exceed the greatest of the following amounts
applicable to such vehicle:
``(A) In the case of a vehicle which conforms to
the Motor Vehicle Safety Standard 500 prescribed by the
Secretary of Transportation and in the case of an
eligible 3-wheeled vehicle, the lesser of--
``(i) 10 percent of the manufacturer's
suggested retail price of the vehicle, or
``(ii) $4,000.
``(B) In the case of a vehicle not described in
subparagraph (A) with a gross vehicle weight rating not
exceeding 8,500 pounds--
``(i) $4,000, or
``(ii) $6,000, if such vehicle is--
``(I) capable of a driving range of
at least 100 miles on a single charge
of the vehicle's rechargeable batteries
and measured pursuant to the urban
dynamometer schedules under appendix I
to part 86 of title 40, Code of Federal
Regulations, or
``(II) capable of a payload
capacity of at least 1000 pounds.
``(C) In the case of a vehicle with a gross vehicle
weight rating exceeding 8,500 but not exceeding 14,000
pounds, $10,000.
``(D) In the case of a vehicle with a gross vehicle
weight rating exceeding 14,000 but not exceeding 26,000
pounds, $20,000.
``(E) In the case of a vehicle with a gross vehicle
weight rating exceeding 26,000 pounds, $40,000.'', and
(B) by redesignating paragraph (3) as paragraph
(2).
(3) Conforming amendments.--
(A) Section 53(d)(1)(B)(iii) of such Code is
amended by striking ``section 30(b)(3)(B)'' and
inserting ``section 30(b)(2)(B)''.
(B) Section 55(c)(2) of such Code is amended by
striking ``30(b)(3)'' and inserting ``30(b)(2)''.
(b) Qualified Battery Electric Vehicle.--
(1) In general.--Section 30(c)(1)(A) of the Internal
Revenue Code of 1986 (defining qualified electric vehicle) is
amended to read as follows:
``(A) which is--
``(i) operated solely by use of a battery
or battery pack, or
``(ii) powered primarily through the use of
an electric battery or battery pack using a
flywheel or capacitor which stores energy
produced by an electric motor through
regenerative braking to assist in vehicle
operation,''.
(2) Eligible 3-wheeled vehicles included.--Subsection (c)
of section 30 of such Code is amended by adding at the end the
following new paragraph:
``(3) Eligible 3-wheeled vehicles included.--
``(A) In general.--An eligible 3-wheeled vehicle
shall not fail to be treated as a qualified battery
electric vehicle by reason of having only 3 wheels.
``(B) Eligible 3-wheeled vehicle.--The term
`eligible 3-wheeled vehicle' means any vehicle which--
``(i) conforms to the motor vehicle safety
standards prescribed by the Secretary of
Transportation that are applicable to
motorcycles, and
``(ii) is capable of a driving range of at
least 50 miles on a single charge of the
vehicle's rechargeable batteries and measured
pursuant to the urban dynamometer schedules
under appendix I to part 86 of title 40, Code
of Federal Regulations.''
(3) Leased vehicles.--Section 30(c)(1)(C) of such Code is
amended by inserting ``or lease'' after ``use''.
(4) Conforming amendments.--
(A) Subsections (a), (b)(2), and (c) of section 30
of such Code are each amended by inserting ``battery''
after ``qualified'' each place it appears.
(B) The heading of subsection (c) of section 30 of
such Code is amended by inserting ``Battery'' after
``Qualified''.
(C) The heading of section 30 of such Code is
amended by inserting ``battery'' after ``qualified''.
(D) The item relating to section 30 of such Code in
the table of sections for subpart B of part IV of
subchapter A of chapter 1 is amended by inserting
``battery'' after ``qualified''.
(E) Section 179A(c)(3) of such Code is amended by
inserting ``battery'' before ``electric''.
(F) The heading of paragraph (3) of section 179A(c)
of such Code is amended by inserting ``battery'' before
``electric''.
(c) Additional Special Rules.--Section 30(d) of the Internal
Revenue Code of 1986 (relating to special rules) is amended by adding
at the end the following:
``(5) No double benefit.--The amount of any deduction or
credit allowable under this chapter for any cost taken into
account in computing the amount of the credit determined under
subsection (a) shall be reduced by the amount of such credit
attributable to such cost.
``(6) Property used by tax-exempt entities.--In the case of
a credit amount which is allowable with respect to a vehicle
which is acquired by an entity exempt from tax under this
chapter, the person which sells or leases such vehicle to the
entity shall be treated as the taxpayer with respect to the
vehicle for purposes of this section and the credit shall be
allowed to such person, but only if the person clearly
discloses to the entity in any sale or lease contract the
specific amount of any credit otherwise allowable to the entity
under this section and reduces the sale or lease price of such
vehicle by an equivalent amount of such credit.''.
(d) Extension.--Section 30(e) of the Internal Revenue Code of 1986
(relating to termination) is amended by striking ``2004'' and inserting
``2007''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2001, in taxable
years ending after such date. | Wider Incentives for Non-Gasoline Small Electric Vehicles Act of 2002 or the WINGS EV Act of 2002 - Amends the Internal Revenue Code, concerning the electric motor vehicle credit, to: (1) redefine the term "qualified electric vehicle"; (2) increase the credit according to vehicle type; (3) make the credit available for leased vehicles and three wheeled vehicles; and (4) extend the credit three additional years. | To amend the Internal Revenue Code of 1986 to modify the electric motor vehicle credit, including an expansion of the credit to certain 3-wheeled vehicles. |
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Community Action Opioid Response Act
of 2018''.
SEC. 2. ESTABLISHMENT OF THE COMMUNITY ACTION OPIOID RESPONSE GRANT
PROGRAM.
(a) Authorization of Grant Program.--The Secretary of Health and
Human Services, acting through the Office of Community Services
established under section 678 of the Community Services Block Grant Act
(42 U.S.C. 9912), shall, subject to the subsequent provisions of this
section, establish a grant program to enable Community Action Agencies
to respond to the needs of communities and low-income families and
individuals in crisis resulting from the opioid addiction epidemic.
(b) Goals.--The goals of the grant program under this section are
to expand and support effective community efforts to identify and
respond to causes and consequences of opioid misuse and addiction
experienced by low-income individuals, families, and communities.
(c) Eligibility.--Any Community Action Agency, as defined in
subsection (i), is eligible to apply for a grant under this section by
submitting an application in such form and manner as specified by the
Secretary, in accordance with subsection (g)(1).
(d) Allowable Uses of Funds.--A grant awarded to a Community Action
Agency under this section may be used to support one or more of the
following activities, which may be conducted in coordination or
partnership with other community organizations:
(1) Enhanced public education to improve individual and
community awareness, with respect to opioid misuse or
addiction, including for children and youth.
(2) Outreach and identification of individuals at risk of
or experiencing opioid misuse or addiction, and referral of
such individuals to appropriate treatment, recovery, or other
resources in the community.
(3) Direct services to prevent, treat, or recover from
opioid addiction.
(4) Services to stabilize the education, employment,
housing, transportation, or other needs of addicted or at-risk
individuals and their family members.
(5) Services to address and mitigate the impact of opioid
addiction on children in the household.
(6) Support and assistance to children, and their
caregivers, who are in foster care or at-risk of placement in
foster care because of the opioid addiction of their parents.
(7) Development of partnerships with entities such as local
healthcare providers, substance abuse treatment organizations,
schools, child welfare agencies, social service organizations,
police departments, prosecutors, courts, prisons, local
governments, businesses, and religious institutions, in order
to coordinate or expand resources available to addicted or at-
risk individuals and their family members.
(8) Training for agency personnel in issues related to
opioid addiction, including early identification of at-risk
individuals and administration of overdose prevention
medications.
(e) Grant Funding Limitations.--
(1) Amount of grant.--A grant awarded under this section
shall be in an amount that is not more than $1,000,000 per year
and not less than $50,000 per year.
(2) Duration.--A grant awarded under this section shall be
for not more than three years in duration unless otherwise
approved by the Secretary based on outcome data or extenuating
circumstances.
(f) Reporting.--Each Community Action Agency receiving a grant
under this section shall submit an annual report to the Secretary
detailing goals, interventions, outcomes, and expenditures, with
respect to the program of such agency that is funded by such grant, and
make each such report so submitted by the Community Action Agency
available on the public website of the Community Action Agency. The
Secretary shall make each such report public on the public website of
the Department of Health and Human Services. For each year of the grant
program under this section, the Secretary shall compile all of such
reports so submitted to the Secretary for such year and submit to
Congress the compilation with an annual summary.
(g) Expedited Grant Application, Review, and Award Process.--
(1) Application process and criteria.--Not later than 60
days after the date of the enactment of this section, the
Secretary shall publish in the Federal Register the application
process and criteria for grants under this section. Such
criteria shall require each application submitted for a grant
under this section to include--
(A) a description of the objectives of the program
and activities to be funded by the grant and how the
grant will be used to achieve these objectives,
including specific activities and services to be
conducted, and specific populations or areas to be
served (including targeted subgroups such as
incarcerated or homeless individuals);
(B) a description of innovative approaches to be
used and evidence of likely success;
(C) a plan for measuring progress in achieving such
objectives specified in subparagraph (A), including a
strategy to collect data that can be used to measure
the project's effectiveness;
(D) identification of relevant community or other
organizations with which the applicant will coordinate
or partner and a description of the proposed
coordination or partnership;
(E) assurances satisfactory to the Secretary that
the applicant has conducted an assessment of community
needs related to opioid misuse and addiction among low-
income individuals and families, and that the proposed
uses of the grant funds will address unmet needs
identified by the assessment;
(F) assurances satisfactory to the Secretary that
funds awarded through the grant will not supplant other
programs or resources in the community with similar
objectives; and
(G) assurances satisfactory to the Secretary that
evidence-based approaches will be used to the maximum
extent practicable.
(2) Community action opioid response grant application
review panel.--
(A) In general.--Not later than 90 days after the
date of the enactment of this section, the Secretary
shall establish a Community Action Opioid Response
Grant Application Review Panel of not less than 15
individuals, including not more than 5 employees from
the Department of Health and Human Services and other
Federal agencies, with expert knowledge of the opioid
epidemic, drug treatment, community responses to
poverty prevention, child protection, or post-recovery
employment and training.
(B) Duties.--Such review panel shall review and
evaluate applications for grants under this section and
recommend to the Secretary which of such applications
should be awarded a grant under this section.
(C) Grant selection priorities.--In reviewing and
recommending applications for a grant, such review
panel shall consider and give priority to applications
that demonstrate one or more of the following:
(i) Evidence of coordination and
partnership with agencies or entities with
experience or expertise in addressing opioid-
related issues.
(ii) Evidence of leveraging non-Federal
funds or in-kind resources to extend the reach
or duration (or both) of the program proposed
by the application.
(iii) Quality of methodology proposed to
monitor the outcomes of the program proposed by
the application and effectiveness in achieving
goals of the program and mitigating the harmful
health and socioeconomic impacts of opioid
addiction.
(iv) Evidence of capacity-building and
strengthening of community responses to the
opioid crisis.
(v) Efforts to minimize the trauma and
negative impact of foster care on children of
addicted individuals.
(vi) The applicant has a demonstrated
knowledge of opioid-related needs in the target
community.
(vii) Use of innovative or evidence-based
approaches to address unmet opioid-related
needs, including to promote self-sufficiency
and well-being for families with children
impacted by opioid addiction.
(D) Funding.--The Secretary may use amounts
appropriated to the Office of the Secretary of Health
and Human Services to pay for all expenses associated
with the Community Action Opioid Response Grant
Application Review Panel.
(3) Timing for awarding grants.--With respect to a year for
which amounts are appropriated to carry out this section
pursuant to subsection (h), not later than 120 days after such
amounts are made available for such year, the Secretary shall
award all such amounts for grants under this section for such
year.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated for
grants under this section $50,000,000 for each of fiscal years
2018 through 2022.
(2) Tribal set aside.--Of the amount appropriated for a
year pursuant to paragraph (1) to carry out this section, not
more than 7 percent shall be designated for such year for
grants to Indian tribes or tribal organizations that receive
direct payments under section 677 of the Community Services
Block Grant Act (42 U.S.C. 9911).
(i) Definitions.--As used in this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(2) Community action agency.--The term ``Community Action
Agency'' has the same meaning given the term ``eligible
entity'' under section 673(1)(A) of the Community Services
Block Grant Act (42 U.S.C. 9902). | Community Action Opioid Response Act of 2018 This bill requires the Office of Community Services within the Department of Health and Human Services to establish a grant program that helps low-income individuals, families, and communities affected by the national opioid epidemic. Grants must be awarded to Community Action Agencies (local organizations that work to reduce poverty in low-income communities) for specified activities relating to opioid misuse and abuse, including education, outreach, prevention, and treatment services. | Community Action Opioid Response Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``World War I American Veterans
Centennial Commemorative Coin Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The year 2017 is the 100th Anniversary of America's
entrance into World War I.
(2) On the 6th of April 1917, the United States of America
entered World War I by declaring war against Germany.
(3) Two million American soldiers served overseas during
World War I.
(4) More than four million men and women from the United
States served in uniform during World War I.
(5) The events of 1914 through 1918 shaped the world and
the lives of millions of people for decades.
(6) Over 9 million soldiers worldwide lost their lives
between 1914 and 1918.
(7) The centennial of America's involvement in World War I
offers an opportunity for people in the United States to
commemorate the commitment of their predecessors.
(8) Frank Buckles, the last American veteran from World War
I died on February 27, 2011.
(9) He was our last direct American link to the ``war to
end all wars''.
(10) While other great conflicts, including the Civil War,
World War II, the Korean War, and the Vietnam War, have all
been memorialized on United States commemorative coins, there
currently exists no coin to honor the brave veterans of World
War I.
(b) Purpose.--The purpose of this Act is to--
(1) commemorate the centennial of America's involvement in
World War I; and
(2) honor the over 4 million men and women from the United
States who served during World War I.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of the centennial of
America's involvement in World War I, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the centennial of America's
involvement in World War I.
(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 ``2017''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be selected by the Secretary based on the winning design from a
juried, compensated design competition described under subsection (c).
(c) Design Competition.--The Secretary shall hold a competition and
provide compensation for its winner to design the obverse and reverse
of the coins minted under this Act. The competition shall be held in
the following manner:
(1) The competition shall be judged by an expert jury
chaired by the Secretary and consisting of 3 members from the
Citizens Coinage Advisory Committee who shall be elected by
such Committee and 3 members from the Commission of Fine Arts
who shall be elected by such Commission.
(2) The Secretary shall determine compensation for the
winning design, which shall be not less than $5,000.
(3) The Secretary may not accept a design for the
competition unless a plaster model accompanies the design.
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 one 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 calendar year beginning on January 1, 2017.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the World War I Memorial Foundation.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the World War I Memorial Foundation as may be related to the
expenditures of amounts paid under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code. The Secretary may issue guidance to carry out this
subsection. | World War I American Veterans Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue $1 silver coins in commemoration of the centennial of America's involvement in World War I, and (2) hold a competition and provide compensation for its winner to design the obverse and reverse of the coins.
Requires the design of such coins to be emblematic of the centennial of America's involvement in World War I.
Permits the Secretary to issue such coins only during calendar year 2017.
Subjects the coin sales to a surcharge of $10 per coin, payable by the Secretary to the World War I Memorial Foundation. | To require the Secretary of the Treasury to mint coins in commemoration of the centennial of World War I. |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The Internal Revenue Service currently administers 47
tax provisions under the Patient Protection and Affordable Care
Act.
(2) The Internal Revenue Service and its employees will
have significantly greater access than it currently has to
taxpayer information for the enforcement and enactment of the
individual mandate under the Patient Protection and Affordable
Care Act.
(3) No government agency has more authority in the
enforcement of the Patient Protection and Affordable Care Act
than the Internal Revenue Service.
(4) According to one study, the Patient Protection and
Affordable Care Act employer mandate would put up to 3.2
million jobs at risk. Echoing that, the Federal Reserve warned,
``Employers in several Districts cited the unknown effects of
the Affordable Care Act as reasons for planned layoffs and
reluctance to hire more staff.''.
(5) According to previous reports from the Government
Accountability Office (GAO) and Treasury Inspector General for
Tax Administration, the Internal Revenue Service did not have
adequate processes in place to accurately review and account
for the taxpayer dollars the Internal Revenue Service are
spending to implement the controversial law.
(6) The Internal Revenue Service has proven it is a
government agency wrought with fraud and abuse, and has not
been capable of ensuring the constitutional rights of American
citizens is not infringed upon.
(7) According to the Treasury Inspector General for Tax
Administration, the Internal Revenue Service's Determinations
Unit began searching as far back as 2010 ``for other requests
for exemption involving Tea Party, Patriots, 9/12 and Internal
Revenue Code of 1986 501(c)(4) applications involving political
sounding names, e.g., `We the People' or `Take Back the
Country'''.
(8) According to the Treasury Inspector General for Tax
Administration, on June 29, 2011, IRS Exempted Organizations
Division director Lois Lerner is apprised of the Internal
Revenue Service's discriminatory practices.
(9) On March 22, 2012, the Ways and Means Oversight
Subcommittee held a hearing on the tax return filing season and
general Internal Revenue Service operations where Chairman
Boustany asks then-Internal Revenue Service Commissioner
Shulman about reports that the Internal Revenue Service has
been targeting Tea Party groups. Shulman responds, ``I can give
you assurance . . . there is absolutely no targeting.''.
SEC. 2. PROHIBITION ON IMPLEMENTATION OR ENFORCEMENT OF ANY REQUIREMENT
OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT UNTIL
CERTIFICATION THAT TAXPAYER INFORMATION IS NOT AND WILL
NOT BE USED FOR TARGETING ANY INDIVIDUAL OR GROUP FOR
POLITICAL REASONS OR ON BASIS OF POLITICAL VIEWS.
(a) Violations of Rights Before Enactment.--The Internal Revenue
Service shall not implement or enforce any requirement of the Patient
Protection and Affordable Care Act or title I of the Health Care and
Education Reconciliation Act of 2010, including any requirement
contained in an amendment made by those Acts, until the Secretary of
the Treasury certifies under penalty of perjury that with respect to
any activity before the date of the enactment of this Act--
(1) taxpayer information is not and will not be used for
targeting any individual or group that provides information to
the Internal Revenue Service for political reasons or on the
basis of political views, and
(2) the Internal Revenue Service has terminated the
employment of all employees in accordance with section 1203 of
the Internal Revenue Service Restructuring and Reform Act of
1998 (26 U.S.C. 7804 note) who, with respect to actions before
the enactment of this Act, are found to have violated the
constitutional rights of any taxpayer, including any employee
who knew of abuses related to the targeting of a political
group within the Internal Revenue Services, declined to come
forward, or willfully misled investigators.
(b) Violations of Rights After Enactment.--
(1) Rights.--Taxpayer information shall not be used for
targeting any individual or group that provides information to
the Internal Revenue Service for political reasons or on the
basis of political views.
(2) Certification.--After the date of the enactment of this
Act, a department or agency concerned--
(A) shall not implement or enforce, or
(B) if a violation of paragraph (1) occurs by any
employee of the department or agency, shall suspend the
implementation or enforcement of,
any requirement of the Patient Protection and Affordable Care
Act or title I of the Health Care and Education Reconciliation
Act of 2010, including any requirement contained in an
amendment made by those Acts, until the head of such department
or agency (the Secretary of the Treasury in the case of the
Internal Revenue Service) certifies under penalty of perjury
that the department or agency has terminated the employment of
any employee of the department or agency in accordance with
section 1203 of the Internal Revenue Service Restructuring and
Reform Act of 1998 (26 U.S.C. 7804 note) who, with respect to
actions before the enactment of this Act, is found to have
violated the constitutional rights of any taxpayer.
(c) Process To Resume Implementation.--In any case in which the
implementation or enforcement of any requirement described in
subsection (a)(1) or (b)(1) was prevented or suspended by subsection
(a) or (b) (as the case may be), such implementation or enforcement
shall not thereafter take effect or resume (as the case may be) until
90 calendar days after the date on which the certification required by
this section is made with respect to any such prevention or suspension,
unless before such 90-day period a joint resolution disapproving such
certification is enacted.
(d) Definition and Special Rules.--For purposes of this section--
(1) Covered department or agency.--The term ``department or
agency concerned'' means the Internal Revenue Service, the
Department of Health and Human Services, and any other
department or agency from which information is centralized in
one place, such as in the Federal Data Services Hub or any
similar database.
(2) Applicability of termination of employment authority.--
The provisions of section 1203 of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804) shall
apply with respect to any department or agency concerned, and
for such purposes, such section shall be applied by
substituting the ``head of the department or agency concerned''
for the ``Commissioner of Internal Revenue'' and the
``department or agency concerned'' for the ``Internal Revenue
Service''.
(3) Prohibition on delegating responsibility of secretary
of the treasury.--The responsibility of the Secretary of the
Treasury under this section may not be delegated.
(e) Submission to Congress.--The head of the department or agency
making a certification under this section shall submit the
certification to the Congress. | Prohibits the Internal Revenue Service (IRS) from implementing or enforcing any requirement of the Patient Protection and Affordable Care Act (PPACA) or title I of the Health Care and Education Reconciliation Act of 2010 until the Secretary of the Treasury certifies under penalty of perjury that: (1) taxpayer information is not and will not be used for targeting any individual or group for political reasons or on the basis of political views; and (2) the IRS has terminated the employment of all employees found to have violated the constitutional rights of any taxpayer or who knew of abuses related to the targeting of a political group, declined to come forward, or willfully misled investigators. Prohibits taxpayer information from being used for targeting any individual or group that provides information to the IRS for political reasons or on the basis of political views. Prohibits a federal agency from implementing or enforcing any requirement of PPACA or title 1 of the Health Care and Education Reconciliation Act of 2010 until the head of such agency certifies under penalty of perjury that the agency has terminated the employment of any employee who is found to have violated the constitutional rights of any taxpayer. Requires such certification to be submitted to Congress. | To prohibit the implementation or enforcement of any requirement of the Patient Protection and Affordable Care Act until certifications are made that taxpayer information is not and will not be used for targeting any individual or group that provides information to the Internal Revenue Service for political reasons or on the basis of political views, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Child Protection Act of
1993''.
SEC. 2. REPORTING CHILD ABUSE CRIME INFORMATION.
(a) In General.--In each State, an authorized criminal justice
agency of the State shall report child abuse crime information to, or
index child abuse crime information in, the national criminal history
background check system.
(b) Provision of State Child Abuse Crime Records Through the
National Criminal History Background Check System.--(1) Not later than
180 days after the date of enactment of this Act, the Attorney General
shall, subject to availability of appropriations--
(A) investigate the criminal history records system of each
State and determine for each State a timetable by which the State
should be able to provide child abuse crime records on an on-line
basis through the national criminal history background check system;
(B) in consultation with State officials, establish guidelines
for the reporting or indexing of child abuse crime information,
including guidelines relating to the format, content, and accuracy
of criminal history records and other procedures for carrying out
this Act; and
(C) notify each State of the determinations made pursuant to
subparagraphs (A) and (B).
(2) The Attorney General shall require as a part of each State
timetable that the State--
(A) by not later than the date that is 3 years after the date of
enactment of this Act, have in a computerized criminal history file
at least 80 percent of the final dispositions that have been
rendered in all identifiable child abuse crime cases in which there
has been an event of activity within the last 5 years;
(B) continue to maintain a reporting rate of at least 80 percent
for final dispositions in all identifiable child abuse crime cases
in which there has been an event of activity within the preceding 5
years; and
(C) take steps to achieve 100 percent disposition reporting,
including data quality audits and periodic notices to criminal
justice agencies identifying records that lack final dispositions
and requesting those dispositions.
(c) Liaison.--An authorized agency of a State shall maintain close
liaison with the National Center on Child Abuse and Neglect, the
National Center for Missing and Exploited Children, and the National
Center for the Prosecution of Child Abuse for the exchange of technical
assistance in cases of child abuse.
(d) Annual Summary.--(1) The Attorney General shall publish an
annual statistical summary of child abuse crimes.
(2) The annual statistical summary described in paragraph (1) shall
not contain any information that may reveal the identity of any
particular victim or alleged violator.
(e) Annual Report.--The Attorney General shall, subject to the
availability of appropriations, publish an annual summary of each
State's progress in reporting child abuse crime information to the
national criminal history background check system.
(f) Study of Child Abuse Offenders.--(1) Not later than 180 days
after the date of enactment of this Act, the Administrator of the Office
of Juvenile Justice and Delinquency Prevention shall begin a study based
on a statistically significant sample of convicted child abuse offenders
and other relevant information to determine--
(A) the percentage of convicted child abuse offenders who have
more than 1 conviction for an offense involving child abuse;
(B) the percentage of convicted child abuse offenders who have
been convicted of an offense involving child abuse in more than 1
State; and
(C) the extent to which and the manner in which instances of
child abuse form a basis for convictions for crimes other than child
abuse crimes.
(2) Not later than 1 year after the date of enactment of this Act,
the Administrator shall submit a report to the Chairman of the Committee
on the Judiciary of the Senate and the Chairman of the Committee on the
Judiciary of the House of Representatives containing a description of
and a summary of the results of the study conducted pursuant to
paragraph (1).
SEC. 3. BACKGROUND CHECKS.
(a) In General.--(1) A State may have in effect procedures
(established by State statute or regulation) that require qualified
entities designated by the State to contact an authorized agency of the
State to request a nationwide background check for the purpose of
determining whether a provider has been convicted of a crime that bears
upon an individual's fitness to have responsibility for the safety and
well-being of children.
(2) The authorized agency shall access and review State and Federal
criminal history records through the national criminal history
background check system and shall make reasonable efforts to respond to
the inquiry within 15 business days.
(b) Guidelines.--The procedures established under subsection (a)
shall require--
(1) that no qualified entity may request a background check of a
provider under subsection (a) unless the provider first provides a
set of fingerprints and completes and signs a statement that--
(A) contains the name, address, and date of birth appearing
on a valid identification document (as defined in section 1028
of title 18, United States Code) of the provider;
(B) the provider has not been convicted of a crime and, if
the provider has been convicted of a crime, contains a
description of the crime and the particulars of the conviction;
(C) notifies the provider that the entity may request a
background check under subsection (a);
(D) notifies the provider of the provider's rights under
paragraph (2); and
(E) notifies the provider that prior to the completion of
the background check the qualified entity may choose to deny the
provider unsupervised access to a child to whom the qualified
entity provides child care;
(2) that each provider who is the subject of a background check
is entitled--
(A) to obtain a copy of any background check report; and
(B) to challenge the accuracy and completeness of any
information contained in any such report and obtain a prompt
determination as to the validity of such challenge before a
final determination is made by the authorized agency;
(3) that an authorized agency, upon receipt of a background
check report lacking disposition data, shall conduct research in
whatever State and local recordkeeping systems are available in
order to obtain complete data;
(4) that the authorized agency shall make a determination
whether the provider has been convicted of, or is under pending
indictment for, a crime that bears upon an individual's fitness to
have responsibility for the safety and well-being of children and
shall convey that determination to the qualified entity; and
(5) that any background check under subsection (a) and the
results thereof shall be handled in accordance with the requirements
of Public Law 92-544.
(c) Regulations.--(1) The Attorney General may by regulation
prescribe such other measures as may be required to carry out the
purposes of this Act, including measures relating to the security,
confidentiality, accuracy, use, misuse, and dissemination of
information, and audits and recordkeeping.
(2) The Attorney General shall, to the maximum extent possible,
encourage the use of the best technology available in conducting
background checks.
(d) Liability.--A qualified entity shall not be liable in an action
for damages solely for failure to conduct a criminal background check on
a provider, nor shall a State or political subdivision thereof nor any
agency, officer or employee thereof, be liable in an action for damages
for the failure of a qualified entity to take action adverse to a
provider who was the subject of a background check.
(e) Fees.--In the case of a background check pursuant to a State
requirement adopted after the date of the enactment of this Act
conducted with fingerprints on a person who volunteers with a qualified
entity, the fees collected by authorized State agencies and the Federal
Bureau of Investigation may not exceed the actual cost of the background
check conducted with fingerprints. The States shall establish fee
systems that insure that fees to non-profit entities for background
checks do not discourage volunteers from participating in child care
programs.
SEC. 4. FUNDING FOR IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.
(a) Use of Formula Grants for Improvements in State Records and
Systems.--Section 509(b) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3759(b)) is amended--
(1) in paragraph (2) by striking ``and'' after the semicolon;
(2) in paragraph (3) by striking the period and inserting ``;
and''; and
(3) by adding at the end the following new paragraph:
``(4) the improvement of State record systems and the sharing of
all of the records described in paragraphs (1), (2), and (3) and the
child abuse crime records required under the National Child
Protection Act of 1993 with the Attorney General for the purpose of
implementing the National Child Protection Act of 1993.''.
(b) Additional Funding Grants for the Improvement of Child Abuse
Crime Information.--(1) The Attorney General shall, subject to
appropriations and with preference to States that, as of the date of
enactment of this Act, have in computerized criminal history files the
lowest percentages of charges and dispositions of identifiable child
abuse cases, make a grant to each State to be used--
(A) for the computerization of criminal history files for the
purposes of this Act;
(B) for the improvement of existing computerized criminal
history files for the purposes of this Act;
(C) to improve accessibility to the national criminal history
background check system for the purposes of this Act; and
(D) to assist the State in the transmittal of criminal records
to, or the indexing of criminal history record in, the national
criminal history background check system for the purposes of this
Act.
(2) There are authorized to be appropriated for grants under
paragraph (1) a total of $20,000,000 for fiscal years 1994, 1995, 1996,
and 1997.
(c) Withholding State Funds.--Effective 1 year after the date of
enactment of this Act, the Attorney General may reduce, by up to 10
percent, the allocation to a State for a fiscal year under title I of
the Omnibus Crime Control and Safe Streets Act of 1968 that is not in
compliance with the requirements of this Act.
SEC. 5. DEFINITIONS.
For the purposes of this Act--
(1) the term ``authorized agency'' means a division or office of
a State designated by a State to report, receive, or disseminate
information under this Act;
(2) the term ``child'' means a person who is a child for
purposes of the criminal child abuse law of a State;
(3) the term ``child abuse crime'' means a crime committed under
any law of a State that involves the physical or mental injury,
sexual abuse or exploitation, negligent treatment, or maltreatment
of a child by any person;
(4) the term ``child abuse crime information'' means the
following facts concerning a person who has been arrested for, or
has been convicted of, a child abuse crime: full name, race, sex,
date of birth, height, weight, fingerprints, a brief description of
the child abuse crime or offenses for which the person has been
arrested or has been convicted, the disposition of the charge, and
any other information that the Attorney General determines may be
useful in identifying persons arrested for, or convicted of, a child
abuse crime;
(5) the term ``child care'' means the provision of care,
treatment, education, training, instruction, supervision, or
recreation to children by persons having unsupervised access to a
child;
(6) the term ``national criminal history background check
system'' means the criminal history record system maintained by the
Federal Bureau of Investigation based on fingerprint identification
or any other method of positive identification;
(7) the term ``provider'' means--
(A) a person who--
(i) is employed by or volunteers with a qualified
entity;
(ii) who owns or operates a qualified entity; or
(iii) who has or may have unsupervised access to a child
to whom the qualified entity provides child care; and
(B) a person who--
(i) seeks to be employed by or volunteer with a
qualified entity;
(ii) seeks to own or operate a qualified entity; or
(iii) seeks to have or may have unsupervised access to a
child to whom the qualified entity provides child care;
(8) the term ``qualified entity'' means a business or
organization, whether public, private, for-profit, not-for-profit,
or voluntary, that provides child care or child care placement
services, including a business or organization that licenses or
certifies others to provide child care or child care placement
services; and
(9) the term ``State'' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands,
Guam, and the Trust Territories of the Pacific.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Child Protection Act of 1993 - Establishes a national criminal history background check system (System) to which a designated agency in each State is required to report child abuse crime information, or index such information in the System, for purposes of background checks of child care providers.
(Sec. 2) Directs the Attorney General: (1) subject to availability of appropriations, to establish guidelines for the reporting or indexing of such information and timetables for each State to report; and (2) to publish annually a statistical summary of child abuse crimes and a summary of each State's progress in reporting to the System.
Requires: (1) State agencies to maintain close liaison for the exchange of technical assistance with the National Centers on Child Abuse and Neglect, for Missing and Exploited Children, and for the Prosecution of Child Abuse; and (2) the Administrator of the Office of Juvenile Justice and Delinquency Prevention to begin a study to determine various factors relating to child abuse crimes and offenders.
(Sec. 3) Authorizes a State to have in effect procedures that require qualified entities to contact a State agency to request a nationwide background check. Sets forth requirements of such procedures, including that: (1) no qualified entity may request a background check unless the provider first provides fingerprints and specified other information; (2) each provider subject to a background check is entitled to a copy of any background check report, to challenge its accuracy and completeness, and to obtain a prompt determination as to the validity of such challenge before a final determination is made by the authorized agency; (3) an authorized agency, upon receipt of such a report lacking disposition data, shall conduct research in whatever State and local recordkeeping systems are available in order to obtain complete data; and (4) such agency shall make a determination whether the provider has been convicted of, or is under pending indictment for, a crime that bears upon an individual's fitness to have responsibility for the safety and well-being of children and shall convey that determination to the qualified entity.
Sets forth provisions regarding liability and fees.
(Sec. 4) Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information.
Directs the Attorney General, subject to appropriations and with preference to States with the lowest percent currency of case dispositions in computerized criminal history files, to make additional grants: (1) for the computerization of, and improvement of existing computerized, criminal history files; (2) to improve accessibility to the System; and (3) to assist the State in the transmittal of criminal records to, or the indexing of criminal history records in, the System.
Authorizes appropriations. Permits the withholding of up to ten percent of an allocation for a fiscal year under the Omnibus Act from a State that is not in compliance with the requirements of this Act. | National Child Protection Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Teacher Training Act of
1999''.
SEC. 2. GRANTS FOR CLASSROOM-RELATED COMPUTER TRAINING FOR TEACHERS.
(a) In General.--The Secretary of Education, through the Office of
Educational Technology established under section 216 of the Department
of Education Organization Act (20 U.S.C. 3425), may award grants on a
competitive basis to local educational agencies (as defined in section
14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801)) to assist such agencies in providing intensive classroom-related
computer training for teachers.
(b) Minimum Grant Amount.--A grant awarded pursuant to subsection
(a) shall be for not less than $10,000,000.
(c) Requirements of Grant.--A grant awarded pursuant to subsection
(a) shall provide that--
(1) the grantee will enter into a contract with an
institution of higher education or another nonprofit
educational provider (hereafter in this section referred to as
the ``contractor'') under which the contractor will agree to
establish, operate, and provide the non-Federal share of the
cost of a teacher training program described in such
subsection;
(2) funds made available by the Secretary to the grantee
pursuant to any contract entered into under this section will
be used to pay the Federal share of the cost of establishing
and operating a teacher training program as provided in
paragraph (1); and
(3) the grantee will meet such other conditions and
standards as the Secretary determines to be necessary to assure
compliance with the provisions of this section and will provide
such technical assistance as may be necessary to carry out the
provisions of this section.
(d) Teacher Training Programs.--The teacher training programs
authorized in subsection (a)--
(1) shall be conducted during the school year and during
the summer months;
(2) shall train teachers who teach grades kindergarten
through college;
(3) shall select teachers to become members of a teacher
network whose members will conduct workshops for other teachers
employed by the local educational agency; and
(4) shall encourage teachers from all disciplines to
participate in such teacher training programs.
(e) Supplement and not Supplant.--Grants awarded pursuant to this
section shall be used to supplement and not supplant State and local
funds available for the purpose set forth in subsection (a).
SEC. 3. INCOME TAX CREDIT FOR TECHNOLOGY-RELATED PROFESSIONAL
DEVELOPMENT FOR TEACHERS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. TECHNOLOGY-RELATED PROFESSIONAL DEVELOPMENT EXPENSES OF
TEACHERS.
``(a) Allowance of Credit.--In the case of an eligible teacher,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the qualified
technology-related expenses paid or incurred by the taxpayer during
such taxable year.
``(b) Maximum Credit.--The credit allowed by subsection (a) for any
taxable year shall not exceed $1,000 with respect to each eligible
teacher.
``(c) Eligible Teacher.--For purposes of this section, the term
`eligible teacher' means any individual--
``(1) who, at the time the expense is paid or incurred, is
a full-time teacher for any of grades K-12 in the United
States, or
``(2) who reasonably expects to be such a full-time teacher
for the academic year beginning in the taxable year in which
such expense is paid or incurred.
``(d) Qualified Technology-Related Expenses.--
``(1) In general.--For purposes of this section, the term
`qualified technology-related expenses' means expenses--
``(A) which would (but for subsection (e)) be
allowed as a deduction under this chapter by reason of
being related to teaching activities referred to in
subsection (c), and
``(B) which are for training in the use of
technology (including computers) in the classroom.
``(2) Computers included.--Such term includes the cost of
any computer or technology equipment (as defined in section
170(e)(6)(F)) if at least 50 percent of the use of which
(whether or not in the classroom) is related to teaching
activities as an eligible teacher.
``(e) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any expense for which a credit is allowed under
this section.
``(f) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply to any taxable year.''
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 25A the
following new item:
``Sec. 25B. Technology-related
professional development
expenses of teachers.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. EXPANSION OF DEDUCTION FOR COMPUTER DONATIONS TO SCHOOLS AND
PUBLIC LIBRARIES.
(a) Expansion of Computer Donations to Public Libraries.--
(1) In general.--Paragraph (6) of section 170(e) of the
Internal Revenue Code of 1986 (relating to special rule for
contributions of computer technology and equipment for
elementary or secondary school purposes) is amended by striking
``qualified elementary or secondary educational contribution''
each place it occurs in the headings and text and inserting
``qualified computer contribution''.
(2) Qualified computer contribution defined.--Subclause
(II) of section 170(e)(6)(B)(i) of such Code (relating to
qualified elementary or secondary educational contribution) is
amended by striking ``or'' at the end of subclause (I), by
inserting ``or'' at the end of subclause (II), and by inserting
after subclause (II) the following new subclause:
``(III) a public library (within
the meaning of section 213(2)(A) of the
Library Services and Technology Act (20
U.S.C. 9122(2)(A)), as in effect on the
date of the enactment of the New
Millennium Classrooms Act, established
and maintained by an entity described
in subsection (c)(1).''.
(3) Conforming amendment.--The heading of paragraph (6) of
section 170(e) of such Code is amended by striking ``elementary
or secondary school purposes'' and inserting ``school and
library purposes''.
(b) Extension of Age of Eligible Computers.--Clause (ii) of section
170(e)(6)(B) of such Code (defining qualified elementary or secondary
educational contribution) is amended--
(1) by striking ``2 years'' and inserting ``3 years'', and
(2) by striking ``date'' the first place it appears and all
that follows and inserting the following:
``date--
``(I) the taxpayer acquired or
reacquired the property,
``(II) construction of the property
is substantially completed in the case
of property constructed by the taxpayer
for its own use in its trade or
business and which is not inventory
with respect to the taxpayer, or
``(III) the property was originally
sold, leased, or otherwise disposed of
by the taxpayer in the case of property
reacquired by the taxpayer.''.
(c) Reacquired Computers Eligible for Donation.--Clause (iii) of
section 170(e)(6)(B) of such Code (defining qualified elementary or
secondary educational contribution) is amended by inserting ``, the
person from whom the donor reacquires the property,'' after ``the
donor''.
(d) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years ending after the date of
the enactment of this Act.
SEC. 5. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES.
(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:
``SEC. 45D. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC
LIBRARIES.
``(a) General Rule.--For purposes of section 38, the school and
public library computer donation credit determined under this section
is an amount equal to 30 percent of the qualified computer
contributions made by the taxpayer during the taxable year.
``(b) Increased Percentage for Contributions to Schools or Public
Libraries in Empowerment Zones, Enterprise Communities, and Indian
Reservations.--In the case of a qualified computer contribution to an
educational organization, public library, or entity located in an
empowerment zone or enterprise community designated under section 1391
or an Indian reservation (as defined in section 168(j)(6)), subsection
(a) shall be applied by substituting `50 percent' for `30 percent'.
``(c) Limitation.--No credit shall be allowed under subsection (a)
for the contribution of a computer (as defined in section
168(i)(2)(B)(ii)) if the computer software (as defined in section
197(e)(3)(B)) that serves as the operating system of such computer has
not been lawfully installed.
``(d) Qualified Computer Contribution.--For purposes of this
section, the term `qualified computer contribution' has the meaning
given such term by section 170(e)(6)(B).
``(e) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of paragraphs (1) and (2) of section 41(f)
shall apply.
``(f) Termination.--This section shall not apply to taxable years
beginning on or after the date which is 3 years after the date of the
enactment of the ____ Act of 1999.''
(b) Current Year Business Credit Calculation.--Section 38(b) of
such Code (relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (11), by striking the period
at the end of paragraph (12) and inserting ``, plus'', and by adding at
the end the following:
``(13) the school and public library computer donation
credit determined under section 45D(a).''.
(c) Disallowance of Deduction by Amount of Credit.--Section 280C of
such Code (relating to certain expenses for which credits are
allowable) is amended by adding at the end the following:
``(d) Credit for School and Public Library Computer Donations.--No
deduction shall be allowed for that portion of the qualified computer
contributions (as defined in section 170(e)(6)(B)) made during the
taxable year that is equal to the amount of credit determined for the
taxable year under section 45D(a). In the case of a corporation which
is a member of a controlled group of corporations (within the meaning
of section 52(a)) or a trade or business which is treated as being
under common control with other trades or businesses (within the
meaning of section 52(b)), this subsection shall be applied under rules
prescribed by the Secretary similar to the rules applicable under
subsections (a) and (b) of section 52.''
(d) Limitation on Carryback.--Subsection (d) of section 39 of such
Code (relating to carryback and carryforward of unused credits) is
amended by adding at the end the following:
``(9) No carryback of school and public library computer
donation credit before effective date.--No amount of unused
business credit available under section 45D may be carried back
to a taxable year beginning on or before the date of the
enactment of this paragraph.''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45C the following:
``Sec. 45D. Credit for computer donations
to schools and public
libraries.''
(f) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after the date
of the enactment of this Act. | 21st Century Teacher Training Act of 1999 - Authorizes the Secretary of Education, through the Office of Educational Technology, to award competitive grants to local educational agencies (LEAs) to provide intensive classroom-related computer training for teachers.
Requires grantees to enter into contracts with institutions of higher education or other nonprofit educational providers under which the contractor will establish, operate, and provide the non-Federal share of the cost of such teacher training programs.
Requires such teacher training programs to: (1) be conducted during the school year and during the summer months; (2) train teachers who teach grades kindergarten through college; (3) select teachers to become members of a teacher network whose members will conduct workshops for other teachers employed by the LEA; and (4) encourage teachers from all disciplines to participate.
Amends the Internal Revenue Code to establish a personal income tax credit of up to $1,000 for technology-related professional development expenses for eligible teachers.
Provides such credit for qualified technology expenses which: (1) would be allowed as a deduction for being related to teaching activities (but prohibits a double benefit of both deduction and credit for the same expense); and (2) are for training in the use of technology in the classroom. Includes among such expenses the cost of any computer or technology equipment that is used at least 50 percent for teaching-related activities.
Expands the deduction for computer donations to include donations to public libraries, as well as to schools.
Establishes a business-related tax credit for donations of computers to schools and public libraries. | 21st Century Teacher Training Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Community Pharmacy
Preservation Act of 2007''.
SEC. 2. DISPENSING FEES FOR MEDICAID COVERED OUTPATIENT DRUGS.
(a) In General.--Section 1927(e) of the Social Security Act (42
U.S.C. 1396r-8(e)) is amended by adding at the end the following new
paragraph:
``(6) Dispensing fees.--
``(A) In general.--A State which provides medical
assistance for covered outpatient drugs shall pay a
dispensing fee for each covered outpatient drug that is
dispensed, in accordance with this paragraph. A State
may vary the amount of such dispensing fees, including
taking into account the special circumstances of
pharmacies that are serving rural or underserved areas
or that are sole community pharmacies, so long as such
variation is consistent with subparagraph (B).
``(B) Minimum dispensing fee payment for multiple
source drugs.--A State shall establish a dispensing fee
under this title for a covered outpatient drug that is
a multiple source drug described in paragraph (4)
(whether or not it may be an innovator multiple source
drug) in an amount that is not less than $8 per
prescription unit. The Secretary shall define what
constitutes a prescription unit for purposes of the
previous sentence.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect with respect to a State on the later of (1)--
(1) the date that is 3 months after the date of the
enactment of this Act; or
(2) the date that is 3 months after the close of the first
regular session of the State legislature that begins after the
date of the enactment of this Act.
SEC. 3. IMPROVING STATE FLEXIBILITY IN PHARMACY REIMBURSEMENT.
(a) In General.--Section 1927(e)(5) of the Social Security Act (42
U.S.C. 1396r-8(e)(5)) is amended by striking ``250 percent'' and
inserting ``300 percent''.
(b) Variance Permitted in Application of Average Manufacturer
Price.--Such section is further amended by adding at the end the
following: ``Nothing in this paragraph shall be construed as preventing
a State from varying the amount paid different pharmacies for such a
product, including taking into account the special circumstances of
pharmacies that are serving rural or underserved areas or that are sole
community pharmacies.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2008.
SEC. 4. ELIMINATION OF STATE OPTION TO INCREASE CAP AMOUNT ON
INDIVIDUALS' EQUITY ASSET TEST FOR ELIGIBILITY FOR LONG-
TERM CARE ASSISTANCE UNDER MEDICAID.
(a) In General.--Section 1917(f)(1) of the Social Security Act (42
U.S.C. 1396p(f)(1)) is amended by striking subparagraph (B).
(b) Conforming Amendments.--Such section is further amended--
(1) in subparagraph (A), by striking ``subparagraphs (B)
and (C)'' and inserting ``subparagraph (B)'';
(2) by redesignating subparagraph (C) as subparagraph (B);
and
(3) in subparagraph (B), as so redesignated, by striking
``dollar amounts'' and inserting ``dollar amount''.
(c) Effective Date.--The amendments made by this section shall
apply to individuals who are determined eligible for medical assistance
with respect to nursing facility services or other long-term care
services based on an application filed on or after the date of the
enactment of this section.
SEC. 5. EXTENSION OF SSI ASSET VERIFICATION DEMONSTRATION TO MEDICAID.
(a) In General.--Subject to subsection (b), the Secretary of Health
and Human Services shall collaborate with the Commissioner of Social
Security to provide for the use, for purposes of verifying financial
eligibility for medical assistance under State plans under title XIX of
the Social Security Act, of the system administered by the Commissioner
(under section 1631(e)(1)(B)(ii) of such Act, 42 U.S.C.
1383(e)(1)(B)(ii)) under which the Commissioner may obtain information
held by financial institutions in order to verify eligibility for
benefits under title XVI of such Act.
(b) Limitation.--For purposes of this section, use of the system
described in subsection (a), and the information obtained through such
system, shall be limited to determinations of eligibility for medical
assistance in States in which such system is being used by the
Commissioner to verify eligibility for benefits under such title XVI.
(c) Sharing by Commissioner of Information Obtained From Financial
Institutions.--Notwithstanding the Right to Financial Privacy Act of
1978 (12 U.S.C. 3401 et seq.) or any other provision of law,
information obtained by the Commissioner from financial institutions
under the system described in subsection (a) may, for purposes of
carrying out this section, be shared with the agencies of the State
specified in subsection (b) which are administering the plans of such
States under title XIX of the Social Security Act. | Access to Community Pharmacy Preservation Act of 2007 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require states to pay dispensing fees for Medicaid covered outpatient drugs.
Directs a state which provides medical assistance for covered outpatient drugs to establish a minimum Medicaid dispensing fee of at least $8 per unit for covered outpatient multiple source drugs.
Revises the requirement for application of the federal upper pharmacy reimbursement limit in the calculation of the payment for covered outpatient drugs. Increases from 250% to 300% the percentage of the average manufacturer price (AMP) the Secretary of Health and Human Services is required to substitute for 150% of the published price.
Repeals the state option to increase the cap on the equity asset test for an individual's eligibility for long-term care assistance under Medicaid.
Directs the Secretary, for purposes of verifying financial eligibility for Medicaid, to collaborate with the Commissioner of Social Security for use of the Commissioner's system for obtaining information held by financial institutions in order to verify eligibility for benefits under SSA title VI (Supplemental Security Income) (SSI). | To amend title XIX of the Social Security Act to establish a minimum State dispensing fee for covered outpatient multiple source drugs under the Medicaid Program, to modify the application of the average manufacturer price (AMP) methodology to drug rebates, to eliminate the State option to increase the cap amount on the equity asset test for individuals' eligibility for long-term care assistance under such program, and to extend an SSI asset verification demonstration to Medicaid. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguard Tribal Objects of
Patrimony Act of 2016''.
SEC. 2. ENHANCED PROTECTIONS FOR NATIVE AMERICAN CULTURAL OBJECTS.
(a) Enhanced Penalties.--Section 1170 of title 18, United States
Code, is amended by striking ``5 years'' each place it appears and
inserting ``10 years''.
(b) Prohibition of Exporting Native American Cultural Objects.--
Chapter 53 of title 18, United States Code, is amended by adding at the
end the following:
``Sec. 1171. Illegal exportation of Native American cultural objects
``(a) Definition of Native American Cultural Object.--In this
section, the term `Native American cultural object' means any Native
American (as defined in section 2 of the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001))--
``(1) cultural items, as defined in that section;
``(2) archaeological resource, as defined in section 3 of
the Archaeological Resources Protection Act of 1979 (16 U.S.C.
470bb); or
``(3) object of antiquity protected under section 1866(b).
``(b) Prohibition.--It shall be unlawful for any person to
knowingly export or otherwise transport from the United States any
Native American cultural object obtained in violation of--
``(1) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
``(2) section 1170;
``(3) the Archaeological Resources Protection Act of 1979
(16 U.S.C. 470aa et seq.); or
``(4) section 1866(b).
``(c) Penalty.--Any person who violates subsection (b) shall--
``(1) in the case of a first violation under this section,
be fined under this title, imprisoned for not more than 1 year,
or both; and
``(2) in the case of a second or subsequent violation under
this section, be fined under this title, imprisoned for not
more than 10 years, or both.''.
(c) Private Repatriation of Native American Cultural Objects.--
Chapter 53 of title 18, United States Code (as amended by subsection
(b)), is amended by adding at the end the following:
``Sec. 1172. Private repatriation of Native American cultural objects
``(a) In General.--Except as provided in subsection (b), if a
person voluntarily repatriates to the appropriate Indian tribe or
Native Hawaiian organization by not later than 2 years after the date
of enactment of this section, all of the Native American cultural
objects (as defined in section 1171(a)) in the possession of the
person, that person shall be immune from criminal prosecution under
this title, the Archaeological Resources Protection Act of 1979 (16
U.S.C. 470aa et seq.), or any other related law with respect to the
returned Native American cultural objects.
``(b) Exception.--Subsection (a) shall not apply if the person
repatriates the Native American cultural objects on a date that is
after the date on which an active investigation or prosecution of the
person relating to the Native American cultural objects is
initiated.''.
(d) Technical and Conforming Amendment.--The table of sections for
chapter 53 of title 18, United States Code, is amended by adding at the
end the following:
``1171. Illegal exportation of Native American cultural objects.
``1172. Private repatriation of Native American cultural objects.''.
SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
(a) Definitions.--In this section:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 2 of the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001).
(2) Native american cultural object.--The term ``Native
American cultural object'' has the meaning given the term in
section 1171(a) of title 18, United States Code.
(3) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given the term in
section 2 of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001).
(b) Submission.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States, after
collecting information from the Attorney General, the Secretary of the
Interior, and the Secretary of State, and meeting, as appropriate, with
Indian tribes and Native Hawaiian organizations, shall submit the
report described in subsection (c) to--
(1) the Committee on Indian Affairs of the Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(c) Report Described.--The report submitted under subsection (b)
shall include a description of--
(1) an estimate of the number of Native American cultural
objects illegally trafficked in the United States and foreign
markets;
(2) the extent to which the Attorney General has
prosecuted, under section 1170 of title 18, United States Code,
the Archaeological Resources Protection Act of 1979 (16 U.S.C.
470aa et seq.), section 1866(b) of title 18, United States
Code, or any other related law, cases of trafficking in--
(A) the human remains of a Native American (as
defined in section 2 of the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001)); or
(B) other Native American cultural objects; and
(3) recommendations for actions the Attorney General, the
Secretary of State, and the Secretary of the Interior can
take--
(A) to eliminate illegal commerce in Native
American cultural objects in the United States and
foreign markets; and
(B) to secure the repatriation to Indian tribes and
Native Hawaiian organizations of Native American
cultural objects that have been illegally removed or
trafficked in violation of--
(i) section 1170(b) of title 18, United
States Code;
(ii) the Archaeological Resources
Protection Act of 1979 (16 U.S.C. 470aa et
seq.); or
(iii) section 1866(b) of title 18, United
States Code.
(d) Tribal Working Group.--The Secretary of the Interior shall
facilitate the convention of a tribal working group composed of
representatives of Indian tribes and Native Hawaiian organizations, the
Department of Justice, the Department of the Interior, the Department
of Homeland Security, and the Department of State--
(1) to provide an opportunity for Indian tribes and Native
Hawaiian organizations to contribute information to the
Attorney General, the Secretary of the Interior, and the
Secretary of State during the preparation of the report
described in subsection (c); and
(2) to advise the Attorney General, the Secretary of the
Interior, and the Secretary of State on methods for
implementing recommendations included in the report described
in subsection (c). | Safeguard Tribal Objects of Patrimony Act of 2016 This bill increases the maximum term of imprisonment from 5 years to 10 years for individuals convicted more than once of illegal trafficking in Native American human remains or cultural items. This bill bans the export of illegally obtained Native American cultural objects and sets penalties for violations of this ban. A person is immune from criminal prosecution under laws regarding Native American cultural objects if the person voluntarily repatriates to the appropriate tribe all the Native American cultural objects in the person's possession not later than two years after enactment of this bill. This immunity does not apply to a person under active investigation or prosecution relating to Native American cultural objects. The Government Accountability Office (GAO) must report on the number of Native American cultural objects illegally trafficked and the extent to which the Department of Justice has prosecuted cases of trafficking. The GAO must recommend actions to eliminate such trafficking and to secure the repatriation of Native American cultural objects. The Department of the Interior must facilitate the convention of a working group to contribute information to the GAO report and to advise on implementation of the GAO's recommendations. | Safeguard Tribal Objects of Patrimony Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Veterans Health Care Act of
2006''.
SEC. 2. OUTREACH PROGRAM TO VETERANS IN RURAL AREAS.
(a) Program.--The Secretary of Veterans Affairs shall conduct an
extensive outreach program to identify and provide information to
veterans who served in the theater of operations for Operation Iraqi
Freedom or Operation Enduring Freedom and who reside in rural
communities in order to enroll those veterans in the health care system
of the Department of Veterans Affairs during the period when they are
eligible for such enrollment.
(b) Features of Program.--In carrying out the program under
subsection (a), the Secretary shall seek to work at the local level
with employers, State agencies, community health centers located in
rural areas, rural health clinics, and critical access hospitals
located in rural areas, and units of the National Guard and other
reserve components based in rural areas, in order to increase the
awareness of veterans and their families of the availability of health
care provided by the Secretary and the means by which those veterans
can achieve access to the health care services provided by the
Department of Veterans Affairs.
SEC. 3. ACCESS TO VET CENTERS IN RURAL AREAS.
(a) Expansion of Access.--The Secretary of Veterans Affairs shall
expand access to Vet Centers in rural areas. In carrying out this
section, the Secretary shall conduct a pilot program for the operation
of at least two mobile Vet Centers in rural areas for a period of five
years.
(b) Vet Center Defined.--In this section, the term ``Vet Center''
has the meaning given the term ``center'' in section 1712A(i)(1) of
title 38, United States Code.
SEC. 4. QUALITY CARE IN RURAL AREAS.
(a) Requirement.--The Secretary of Veterans Affairs shall develop
and implement a plan for improving the access of veterans to health
care in rural areas. The plan shall be developed in consultation with
the Advisory Committee on Rural Veterans established under section 546
of title 38, United States Code, as added by section 6.
(b) Matters to Be Included.--The plan developed under subsection
(a) shall include the following:
(1) A review of progress in implementing the proposed 156
community-based outpatient clinics, and plans for further
implementation of those proposed clinics, that were included in
the May 2004 Secretary's CARES Decision Document, announcing
the implementation of the Department of Veterans Affairs health
care planning process called Capital Asset Realignment for
Enhanced Services (CARES), plans for establishment of
additional community-based outpatient clinics, and plans for
health-care outreach centers.
(2) Measures for meeting the long-term care needs of rural
veterans through nursing homes of the Department of Veterans
Affairs and State veterans homes.
(3) Expansion for rural veterans of the adult day-care and
respite care programs of the Department.
(4) Expansion for rural veterans of the use of telemedicine
to enhance care coordination and access to specialized care for
such veterans.
(5) Measures for meeting the needs of rural veterans for
mental health care.
(c) Timetable.--The plan required by subsection (a) shall be
submitted to Congress not later than nine months after the date of the
enactment of this Act and shall be implemented not later than two years
thereafter.
SEC. 5. HEALTH INFORMATION TECHNOLOGY.
The Secretary of Veterans Affairs shall establish a health
information technology pilot program to ensure a continuum of quality
of care for rural veterans who receive health care provided by the
Secretary both directly through facilities of the Department of
Veterans Affairs and as fee-basis care through non-Department providers
and facilities, including, where appropriate, community health centers,
rural health clinics, and critical access hospitals. The pilot program
shall be conducted for a period of four years.
SEC. 6. ADVISORY COMMITTEE ON RURAL VETERANS.
(a) New Advisory Committee.--Chapter 5 of title 38, United States
Code, is amended by adding at the end the following new section:
``Sec. 546. Advisory Committee on Rural Veterans
``(a)(1) The Secretary shall establish an advisory committee to be
known as the Advisory Committee on Rural Veterans (hereinafter in this
section referred to as `the Committee').
``(2)(A) The Committee shall consist of members appointed by the
Secretary from the general public, including--
``(i) representatives of rural veterans;
``(ii) individuals who are recognized authorities in fields
pertinent to the needs of rural veterans, including specific or
unique health-care needs of rural veterans and access issues of
rural veterans;
``(iii) individuals who have expertise in the delivery of
mental health care in rural areas;
``(iv) individuals who have expertise in the delivery of
long-term care in rural areas;
``(v) at least one veterans service organization
representative from a rural State; and
``(vi) representatives of rural veterans with service-
connected disabilities.
``(B) The Committee shall include, as ex officio members--
``(i) the Secretary of Health and Human Services (or a
representative of the Secretary of Health and Human Services
designated by that Secretary);
``(ii) the Director of the Indian Health Service (or a
representative of that Director); and
``(iii) the Under Secretary for Health and the Under
Secretary for Benefits, or their designees.
``(C) The Secretary may invite representatives of other departments
and agencies of the United States to participate in the meetings and
other activities of the Committee.
``(3) The Secretary shall determine the number, terms of service,
and pay and allowances of members of the Committee appointed by the
Secretary, except that a term of service of any such member may not
exceed three years. The Secretary may reappoint any such member for
additional terms of service.
``(b) The Secretary shall, on a regular basis, consult with and
seek the advice of the Committee with respect to the administration of
benefits by the Department for rural veterans, reports and studies
pertaining to rural veterans, and the needs of rural veterans with
respect to primary care, mental health care, and long-term care needs
of rural veterans.
``(c)(1) Not later than September 1 of each odd-numbered year
through 2013, the Committee shall submit to the Secretary a report on
the programs and activities of the Department that pertain to rural
veterans. Each such report shall include--
``(A) an assessment of the needs of rural veterans with
respect to primary care, mental health care, and long-term care
needs of rural veterans and other benefits and programs
administered by the Department;
``(B) a review of the programs and activities of the
Department designed to meet such needs; and
``(C) such recommendations (including recommendations for
administrative and legislative action) as the Committee
considers appropriate.
``(2) The Secretary shall, within 60 days after receiving each
report under paragraph (1), submit to the Congress a copy of the
report, together with any comments concerning the report that the
Secretary considers appropriate.
``(3) The Committee may also submit to the Secretary such other
reports and recommendations as the Committee considers appropriate.
``(4) The Secretary shall submit with each annual report submitted
to the Congress pursuant to section 529 of this title a summary of all
reports and recommendations of the Committee submitted to the Secretary
since the previous annual report of the Secretary submitted pursuant to
such section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``546. Advisory Committee on Rural Veterans.''.
SEC. 7. RURAL HEALTH RESEARCH, EDUCATION, AND CLINICAL CARE CENTERS.
(a) In General.--(1) Subchapter II of chapter 73 of title 38,
United States Code, is amended by adding at the end the following new
section:
``Sec. 7329. Rural health research, education, and clinical care
centers
``(a) The Secretary, upon the recommendation of the Under Secretary
for Health and pursuant to the provisions of this section, shall
designate a minimum of four Department health care facilities as the
locations for centers of rural health research, education, and clinical
activities and (subject to the appropriation of sufficient funds for
such purpose) shall establish and operate such centers at such
locations in accordance with this section.
``(b) The centers established under this section shall--
``(1) conduct research on rural health services;
``(2) allow the Department to use specific models for
furnishing services to treat rural veterans;
``(3) provide education and training for health care
professionals of the Department; and
``(4) develop and implement innovative clinical activities
and systems of care for the Department.
``(c) In designating locations for centers under subsection (a),
the Secretary, upon the recommendation of the Under Secretary for
Health, shall--
``(1) assure appropriate geographic distribution of such
centers;
``(2) assure that one of the centers shall focus on mental
health, including substance abuse treatment;
``(3) assure that one of the centers shall focus on case
management of chronic diseases;
``(4) assure that one of the centers shall focus on
telemedicine; and
``(5) assure that at least one of the centers shall be
located to collaborate with a Rural Health Research Center of
the Department of Health and Human Services in a geographic
service area of the Department of Veterans Affairs that
includes several rural States.
``(d) The Secretary may not designate a health care facility as a
location for a center under subsection (a) unless the peer review panel
established under subsection (e) has determined under that subsection
that the proposal submitted by such facility as a location for a new
center under subsection (a) is among those proposals that have met the
highest competitive standards of scientific and clinical merit and the
Secretary (upon the recommendation of the Under Secretary for Health)
determines that the facility has (or may reasonably be anticipated to
develop) each of the following:
``(1) An arrangement under which medical, nursing, or
allied health personnel receive training and education in the
unique aspects of rural care through regular rotation through
rurally located facilities and community based outpatient
clinics.
``(2) The ability to attract the participation of
scientists and clinicians who are capable of ingenuity and
creativity in health care research efforts.
``(3) A policymaking advisory committee composed of
appropriate health care and research representatives of the
facility and of the affiliated school or schools to advise the
directors of such facility and such center on policy matters
pertaining to the activities of such center during the period
of the operation of such center.
``(4) The capability to coordinate, as part of an
integrated national system, education, clinical, and research
activities within all facilities with such centers.
``(5) The capability to jointly develop a consortium of
providers with interest in improving quality care in rural
areas.
``(6) The capability to develop a national repository for
the collection of best practices and evidenced based care to
rural veterans.
``(7) The capability to effectively conduct evaluations of
the activities of such center.
``(e)(1) In order to provide advice to assist the Secretary and the
Under Secretary for Health in carrying out their responsibilities under
this section, the Assistant Under Secretary for Health shall establish
a panel to assess the scientific and clinical merit of proposals that
are submitted to the Secretary for the establishment of new centers
under this section.
``(2) The membership of the panel shall consist of experts in the
fields pertinent to the needs of rural veterans, including mental
health care and long-term care. Members of the panel shall serve as
consultants to the Department for a period of no longer than six
months.
``(3) The panel shall review each proposal submitted to the panel
by the Assistant Under Secretary and shall submit its views on the
relative scientific and clinical merit of each such proposal to the
Assistant Under Secretary.
``(4) The panel shall not be subject to the Federal Advisory
Committee Act.
``(f) Before providing funds for the operation of any such center
at a health care facility other than a health care facility designated
under subsection (c)(1), the Secretary shall assure that the center at
each facility designated under such subsection is receiving adequate
funding to enable such center to function effectively in the areas of
rural health care research, education, and clinical activities.
``(g) There are authorized to be appropriated such sums as may be
necessary for the support of the research and education activities of
the centers established pursuant to subsection (a). The Under Secretary
for Health shall allocate to such centers from other funds appropriated
generally for the Department medical care account and medical and
prosthetics research account, as appropriate, such amounts as the Under
Secretary for Health determines appropriate.
``(h) Activities of clinical and scientific investigation at each
center established under subsection (a) shall be eligible to compete
for the award of funding from funds appropriated for the Department
medical and prosthetics research account and shall receive priority in
the award of funding from such account insofar as funds are awarded to
projects for research in rural health care.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7328 the
following new item:
``7329. Rural health research, education, and clinical care centers.''.
(b) Designation of Centers.--The Secretary of Veterans Affairs
shall designate the centers for rural health research, education, and
clinical activities required by section 7329 of title 38, United States
Code (as added by subsection (a)), not later than one year after the
date of the enactment of this Act.
(c) Annual Reports.--
(1) Annual report.--Not later than 18 months after the date
of the designation of centers for rural health research,
education, and clinical activities required by section 7329 of
title 38, United States Code (as so added), and annually
thereafter for the next three years, the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the status and activities of
such centers during the one-year period beginning on the date
of such designation, for the first such report, and for
successive one-year periods, for subsequent reports.
(2) Matter to be included.--Each such report shall include,
for the period covered by the report, the following:
(A) A description of the activities carried out at
each center and the funding provided for such
activities.
(B) A description of any advances made in the
participating programs of each center in research,
education, training, and clinical activities related to
rural health.
SEC. 8. HOMELESS RURAL VETERANS.
Section 2061(b) of title 38, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) rural.''.
SEC. 9. RURAL EDUCATION AND TRAINING OF HEALTH PROFESSIONALS.
The Secretary of Veterans Affairs shall carry out activities to
enhance the education, training, retention, and recruitment of health
professionals in rural areas. As part of such activities, the Secretary
shall--
(1) establish additional rotations for medical residents in
rural areas;
(2) establish programs to enhance the education, training,
recruitment, and retention of nurses in rural areas; and
(3) establish programs to enhance the education, training,
recruitment, and retention of allied health professionals in
rural areas.
SEC. 10. NATIVE AMERICANS.
The Secretary of Veterans Affairs shall expand the health care
presence of the Department of Veterans Affairs in Native American,
Native Hawaiian, and Native Alaskan rural communities in order to
improve access to Department of Veterans Affairs health care services
for veterans in those communities. | Rural Veterans Health Care Act of 2006 - Directs the Secretary of Veterans Affairs to: (1) conduct an outreach program to identify and provide information to veterans who served in Operations Iraqi Freedom or Enduring Freedom and who reside in rural communities in order to enroll those veterans in the Department of Veterans Affairs (VA) health care system; (2) expand access to Vet Centers in rural areas; (3) develop and implement a plan for improving veterans access to health care in rural areas; (4) establish a health information technology pilot program to ensure quality care for rural veterans through VA facilities; (5) establish the Advisory Committee on Rural Veterans; (6) designate at least four VA health care facilities as centers of rural health research, education, and clinical activities; (7) include rural veterans in a current VA grant program for homeless veterans with special needs; (8) enhance the education, training, retention, and recruitment of health professionals in rural areas; and (9) expand VA health care presence in Native American, Native Hawaiian, and Native Alaskan rural communities. | To amend title 38, United States Code, to improve health care for veterans in rural areas, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jurisdictional Certainty Over
Digital Commerce Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the Internet is increasingly used to conduct commercial
transactions in digital goods and digital services wholly
deliverable by and on the Internet;
(2) jurisdictional certainty is an important catalyst to
further advancement of electronic commerce;
(3) digital commercial transactions in digital goods and
digital services are inherently interstate in nature;
(4) State regulation of such digital commercial
transactions creates significant and harmful burdens on
interstate commerce;
(5) State regulation of digital commercial transactions in
digital goods and digital services will seriously impede the
growth of such transactions, decreasing the viability of
electronic commerce as an alternative instrument or channel of
commerce; and
(6) while other types of transactions may deserve similar
treatment, digital commercial transactions in digital goods and
digital services are the type of transactions that most clearly
deserve protection from disparate, uncoordinated, and
inconsistent efforts by the States to regulate Interstate
commerce.
SEC. 3. FEDERAL AUTHORITY TO REGULATE COMMERCE IN DIGITAL GOODS AND
SERVICES.
(a) In General.--Responsibility and authority to regulate digital
commercial transactions is reserved solely to the Federal Government.
(b) Prohibition of State Regulation.--No State or political
subdivision thereof may enact or enforce any law, rule, regulation,
standard, or other provision having the force or effect of law that
regulates, or has the effect of regulating, digital commercial
transactions.
(c) Prohibition of Delegation to States.--Any responsibility or
authority to regulate digital commercial transactions that, pursuant to
subsection (a), is retained by the Federal government may not be
delegated, by any Federal agency or officer, to any State or political
subdivision thereof.
(d) Inapplicability to Non-Digital Commercial Transactions.--This
Act may not be construed--
(1) to modify, impair, or supersede, or to authorize the
modification, impairment, or superseding of, any authority that
any State or any political subdivision thereof may have to
regulate any commercial transaction that is not a digital
commercial transaction; or
(2) to establish any authority for a State or political
subdivision of a State to regulate any commercial transaction
that is not a digital commercial transaction, in contravention
of any limitation on such authority established under law
(including any statute, regulation, rule, or judicial
decision).
(e) Inapplicability to State Commercial Code.--This Act may not be
construed to limit, alter, supersede, or otherwise affect any
requirement under the Uniform Commercial Code, as in effect in any
State.
(f) Definitions.--For purposes of this section:
(1) Digital good.--The term ``digital good'' means any good
or product that is transferred or delivered by means of the
Internet.
(2) Digital commercial transaction.--The term ``digital
commercial transaction'' means a commercial transaction for a
digital good or digital service that is carried out in its
entirety by means of the Internet.
(3) Digital service.--The term ``digital service'' means
any service that is conducted or provided by means of the
Internet. Such term does not include any telecommunications
service, as such term is defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153), or the business of
insurance.
(4) Internet.--The term ``Internet'' means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire or radio.
(5) Regulate.--
(A) In general.--The term ``regulate'' includes,
with respect to a digital commercial transaction,
taking any governmental action that restricts,
prohibits, limits, or burdens, or imposes any obstacle
or interference with, such a transaction.
(B) Exclusion.--Notwithstanding subparagraph (A),
such term does not include taking any government
action, pursuant only to specific statutory authority
for such action under the laws of such State and only
on an individual case-by-case basis, in order to
protect a party to a digital commercial transaction
from--
(i) a specific and identified threat to the
health or physical safety of such party; or
(ii) fraudulent or criminal activity
against such party.
This subparagraph may not be used by a State or
political subdivision thereof to regulate, in a general
manner, the parties to a digital commercial
transaction. | Jurisdictional Certainty Over Digital Commerce Act - Reserves solely to the Federal Government the responsibility and authority to regulate digital commercial transactions. Prohibits: (1) any State or political subdivision from enacting or enforcing any provision regulating such transactions; or (2) the delegation of such responsibility or authority to any State. Makes such reservation inapplicable to non-digital commercial transactions, and makes this Act inapplicable to Uniform Commercial Code requirements in effect in any State. | To exercise authority under Article I, section 8, clause 3 of the Constitution of the United States to clearly establish jurisdictional boundaries over the commercial transactions of digital goods and services conducted through the Internet, and to foster stability and certainty over the treatment of such transactions. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Crime Act of 1994''.
TITLE I--VICTIMS' RIGHTS
SEC. 101. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING.
Rule 32 of the Federal Rules of Criminal Procedure is amended by--
(1) striking ``and'' following the semicolon in subdivision
(a)(1)(B);
(2) striking the period at the end of subdivision (a)(1)(C)
and inserting in lieu thereof ``; and'';
(3) inserting after subdivision (a)(1)(C) the following:
``(D) if sentence is to be imposed for a crime of
violence or sexual abuse, address the victim personally
if the victim is present at the sentencing hearing and
determine if the victim wishes to make a statement and
to present any information in relation to the
sentence.'';
(4) in the second to last sentence of subdivision (a)(1),
striking ``equivalent opportunity'' and inserting in lieu
thereof ``opportunity equivalent to that of the defendant's
counsel'';
(5) in the last sentence of subdivision (a)(1) inserting
``the victim,'' before ``or the attorney for the Government.'';
and
(6) adding at the end the following:
``(f) Definitions.--For purposes of this rule--
``(1) `victim' means any individual against whom an offense
for which a sentence is to be imposed has been committed, but
the right of allocution under subdivision (a)(1)(D) may be
exercised instead by--
``(A) a parent or legal guardian in case the victim
is below the age of eighteen years or incompetent; or
``(B) one or more family members or relatives
designated by the court in case the victim is deceased
or incapacitated;
if such person or persons are present at the sentencing
hearing, regardless of whether the victim is present; and
``(2) `crime of violence or sexual abuse' means a crime
that involved the use or attempted or threatened use of
physical force against the person or property of another, or a
crime under chapter 109A of title 18, United States Code.''.
TITLE II--CRIME VICTIMS' FUND
SEC. 201. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.
(a) Generally.--Section 1402(d) of the Victims of Crime Act of 1984
(42 U.S.C. 10601(d)) is amended by--
(1) striking paragraph (2) and inserting the following:
``(2) the next $10,000,000 deposited in the Fund shall be
available for grants under section 1404A.'';
(2) striking paragraph (3) and inserting the following:
``(3) Of the remaining amount deposited in the Fund in a
particular fiscal year--
``(A) 48 percent shall be available for grants
under section 1403;
``(B) 48 percent shall be available for grants
under section 1404(a); and
``(C) 4 percent shall be available for grants under
section 1404(c).'';
(3) strike paragraph (4) and inserting the following:
``(4) The Director may retain any portion of the Fund that
was deposited during a fiscal year that is in excess of 110
percent of the total amount deposited in the Fund during the
preceding fiscal year as a reserve for use in a year in which
the Fund falls below the amount available in the previous year.
Such reserve may not exceed $20,000,000.''; and
(4) striking paragraph (5).
(b) Conforming Cross Reference.--Section 1402(g)(1) of the Victims
of Crime Act of 1984 (42 U.S.C. 10601(g)(1) is amended by striking
reference to ``(d)(2)(A)(iv)'' and inserting ``(d)(2)''.
(c) Amounts Awarded and Unspent.--Section 1402(e) of the Victims of
Crime Act of 1984 (42 U.S.C. 10601(e)) is amended to read as follows:
``(e) Amounts Awarded and Unspent.--Any sums awarded as part of a
grant under this chapter that remain unspent at the end of a fiscal
year in which such grant is made may be expended for the purposes for
which such grant is made at any time during the next succeeding 2
fiscal years, at the end of which year any remaining unobligated funds
shall be returned to the Fund.''.
SEC. 202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN FEDERAL
PROGRAMS.
Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602)
is amended by adding at the end the following:
``(e) Notwithstanding any other provision of law, if the
compensation paid by an eligible crime victim compensation program
would cover costs that a Federal program, or a federally financed State
or local program, would otherwise pay, then--
``(1) such crime victim compensation program shall not pay
that compensation; and
``(2) the other program shall make its payments without
regard to the existence of the crime victim compensation
program.''.
SEC. 203. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSATION.
(a) Creation of Exception.--The final sentence of section
1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)(1))
is amended by striking ``A grant'' and inserting ``Except as provided
in paragraph (3), a grant''.
(b) Requirements of Exception.--Section 1403(a) of the Victims of
Crime Act of 1984 (42 U.S.C. 10602(a)) is amended by adding at the end
the following new paragraph:
``(3) Not more than 5 percent of a grant made under this
section may be used for the administration of the State crime
victim compensation program receiving the grant.''.
SEC. 204. GRANTS FOR DEMONSTRATION PROJECTS.
Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42
U.S.C. 10603(c)(1)(A)) is amended by inserting ``demonstration projects
and'' before ``training''.
SEC. 205. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE.
(a) Creation of Exception.--Section 1404(b)(2) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking ``An
eligible'' and inserting ``Except as provided in paragraph (3), an
eligible''.
(b) Requirements of Exception.--Section 1404(b) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(b)) is amended by adding at the end
the following new subsection:
``(3) Not more than 5 percent of sums received under
subsection (a) may be used for the administration of the State
crime victim assistance program receiving such sums.''.
SEC. 206. MAINTENANCE OF EFFORT.
Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C. 10604)
is amended by adding at the end the following new subsection:
``(h) Each entity receiving sums made available under this Act for
administrative purposes shall certify that such sums will not be used
to supplant State or local funds, but will be used to increase the
amount of such funds that would, in the absence of Federal funds, be
made available for these purposes.''.
SEC. 207. CHANGE OF DUE DATE FOR REQUIRED REPORT.
Section 1407(g) of the Victims of Crime Act of 1984 (42 U.S.C.
10604(g)) is amended by striking ``and on December 31 every two years
thereafter'', and inserting ``and on June 30 every two years
thereafter.''.
TITLE III--REPORT ON BATTERED WOMEN'S SYNDROME
SEC. 301. REPORT ON BATTERED WOMEN'S SYNDROME.
(a) Report.--Not less than 1 year after the date of enactment of
this Act, the Attorney General and the Secretary of Health and Human
Services shall transmit to the House Committee on Energy and Commerce,
the Senate Committee on Labor and Human Resources, and the Committees
on the Judiciary of the Senate and the House of Representatives a
report on the medical and psychological basis of ``battered women's
syndrome'' and on the extent to which evidence of the syndrome has been
considered in a criminal trial.
(b) Components of the Report.--The report described in subsection
(a) shall include--
(1) medical and psychological testimony on the validity of
battered women's syndrome as a psychological condition;
(2) a compilation of State and Federal court cases in which
evidence of battered women's syndrome was offered in criminal
trials; and
(3) an assessment by State and Federal judges, prosecutors,
and defense attorneys of the effects that evidence of battered
women's syndrome may have in criminal trials. | TABLE OF CONTENTS:
Title I: Victims' Rights
Title II: Crime Victims' Fund
Title III: Report on Battered Women's Syndrome
Victims of Crime Act of 1994 -
Title I: Victims' Rights
- Amends Rule 32 of the Federal Rules of Criminal Procedure to require the court, before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence.
Title II: Crime Victims' Fund
- Amends the Victims of Crime Act of 1984 to revise the formula for allocating funds for costs and grants. Authorizes the retention of any portion of the Crime Victim Funds that was deposited during a fiscal year that is in excess of 110 percent of the total amount deposited in the Fund during the preceding fiscal year as a reserve for use in a year in which the Fund falls below the amount available in the previous year. Limits such reserve to $20 million. Allows any sums awarded as part of a grant that remain unspent at the end of a fiscal year in which the grant is made, to be expended for grant purposes at any time during the succeeding two fiscal years, after which any remaining unobligated funds shall be returned to the Fund.
Directs that, if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program or a federally financed State or local program would otherwise pay: (1) such crime victim compensation program shall not pay that compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program.
Limits to five percent of: (1) a grant the amount that may be used for the administration of the State crime victim compensation program receiving the grant; and (2) sums received for the State crime victim assistance program the amount that may be used for the administration of such program.
Authorizes grants for demonstration projects.
Requires each entity receiving sums made available under the Act for administrative purposes to certify that such sums will be used not to supplant State or local funds, but to increase the amount of such funds that would, in the absence of Federal funds, be made available for such purposes.
Title III: Report on Battered Women's Syndrome
- Directs the Attorney General and the Secretary of Health and Human Services to report to specified congressional committees on the medical and psychological basis of "battered women's syndrome" and the extent to which evidence of the syndrome has been considered in a criminal trial. | Victims of Crime Act of 1994 |
SECTION 1. REAUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 405 of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended by striking ``1997 through 1999'' and
inserting ``2000 through 2003''.
(b) Effective Date.--This section shall take effect on October 1,
1999.
SEC. 2. AMENDMENT TO DEFINITION OF ``SPECIAL GOVERNMENT EMPLOYEE''.
(a) Amendment to Section 202(a).--Subsection (a) of section 202 of
title 18, United States Code, is amended to read as follows:
``(a) For the purpose of sections 203, 205, 207, 208, 209, and 219
of this title the term `special Government employee' shall mean--
``(1) an officer or employee as defined in subsection (c)
who is retained, designated, appointed, or employed in the
legislative or executive branch of the United States
Government, in any independent agency of the United States, or
in the government of the District of Columbia, and who, at the
time of retention, designation, appointment, or employment, is
expected to perform temporary duties on a full-time or
intermittent basis for not to exceed 130 days during any period
of 365 consecutive days;
``(2) a part-time United States commissioner;
``(3) a part-time United States magistrate;
``(4) an independent counsel appointed under chapter 40 of
title 28, United States Code, and any person appointed by that
independent counsel under section 594(c) of title 28, United
States Code;
``(5) a person serving as a part-time local representative
of a Member of Congress in the Member's home district or State;
and
``(6) a Reserve officer of the Armed Forces, or an officer
of the National Guard of the United States, who is not
otherwise an officer or employee as defined in subsection (c)
and who is--
``(A) on active duty solely for training
(notwithstanding section 2105(d) of title 5);
``(B) serving voluntarily for not to exceed 130
days during any period of 365 consecutive days; or
``(C) serving involuntarily.''.
(b) Amendment to Section 202(c).--Subsection (c) of 202 of title
18, United States Code, is amended to read as follows:
``(c)(1) The terms `officer' and `employee' in sections 203, 205,
207 through 209, and 218 of this title shall include--
``(A) an individual who is retained, designated, appointed,
or employed in the United States Government or in the
government of the District of Columbia to perform, with or
without compensation and subject to the supervision of the
President, the Vice President, a Member of Congress, a Federal
judge, or an officer or employee of the United States or of the
government of the District of Columbia, a Federal or District
of Columbia function under authority of law or an Executive
act;
``(B) a Reserve officer of the Armed Forces or an officer
of the National Guard of the United States who is serving
voluntarily in excess of 130 days during any period of 365
consecutive days; and
``(C) the President, the Vice President, a Member of
Congress or a Federal judge, but only to the extent specified
in any such section.
``(2) As used in paragraph (1), the term `Federal or District of
Columbia function' shall include, but not be limited to--
``(A) supervising, managing, directing or overseeing a
Federal or District of Columbia officer or employee in the
performance of such officer's or employee's official duties;
``(B) participating in the Federal or District of Columbia
government's internal deliberative process, such as by
providing regular advice, counsel, or recommendations to the
President, the Vice President, a Member of Congress, or any
other Federal or District of Columbia officer or employee, or
by conducting meetings involving any of those individuals; or
``(C) obligating funds of the United States or the District
of Columbia.''.
(c) New Section 202(f).--Section 202 of title 18, United States
Code, is amended by adding at the end the following:
``(f) The terms `officer or employee' and `special Government
employee' as used in sections 203, 205, 207 through 209, and 218, shall
not include enlisted members of the Armed Forces, nor shall they
include an individual who is retained, designated, or appointed without
compensation specifically to act as a representative of an interest
(other than a Federal or District of Columbia interest) on an advisory
committee established pursuant to the Federal Advisory Committee Act or
any similarly established advisory committee whose meetings are
generally open to the public.''.
Passed the House of Representatives November 8, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Amends the Federal criminal code provisions concerning bribery, graft, and conflicts of interest to include within the definition of "special Government employee" a Reserve officer or officer in the National Guard who is serving voluntarily for not to exceed 130 days during any period of 365 consecutive days. Includes as an "officer" and "employee" the following: (1) an individual retained, designated, appointed, or employed in the U.S. Government or in the District of Columbia government to perform with or without compensation and subject to the supervision of the President, Vice President, Member of Congress, Federal judge, or officer or employee of the U.S. or District Government a Federal or District function (as defined in this Act) under authority of law or executive Act; (2) a Reserve officer or officer in the National Guard who is serving voluntarily for not to exceed 130 days during any period of 365 consecutive days; and (3) the President, Vice President, Member of Congress, or Federal judge to the extent specified under such provisions.Excludes as an officer or employee or special Government employee: (1) enlisted members of the armed forces; and (2) an individual who is retained, designated, or appointed without compensation specifically to act as a representative of an interest on an advisory committee established pursuant to the Federal Advisory Committee Act or any similarly established committee whose meetings are generally open to the public. | To amend the Ethics in Government Act of 1978 to reauthorize funding for the Office of Government Ethics. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Complete Education Act''.
SEC. 2. NEW PART I (CORE CURRICULUM DEVELOPMENT).
(a) In General.--Title I of the Elementary and Secondary Education
Act of 1965 is amended by redesignating part I as J and inserting after
part H the following:
``PART I--CORE CURRICULUM DEVELOPMENT
``SEC. 1851. GRANTS AUTHORIZED.
``(a) Purpose.--The purpose of this section is to support systemic,
comprehensive education reform by strengthening the instruction of
music and arts, foreign languages, civics and government, economics,
history, geography, and physical education and health as an integral
part of the elementary and secondary school curriculum.
``(b) Authority.--The Secretary is authorized to award grants to
local educational agencies to promote and strengthen one or more of the
subjects specified in subsection (a) as an integral part of the
elementary school and secondary school curriculum.
``(c) Application.--To seek a grant under this section, a local
educational agency shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(d) Priority.--In awarding grants to local educational agencies
under this section, the Secretary shall give priority to local
educational agencies with greater--
``(1) numbers of children who are counted under section
1124(c); and
``(2) percentages of children from families below the
poverty line.
``(e) Use of Funds.--Funds may be used to expand access to the
subjects specified in subsection (a) by--
``(1) expanding the amount of instructional time on these
subjects;
``(2) providing for curriculum development that is aligned
with State standards where relevant;
``(3) providing essential materials and text books that are
aligned with State standards where relevant;
``(4) partnering with Federal, State, and community-based
organizations and institutions to increase student learning in
these subjects;
``(5) providing professional development to ensure
curricula are implemented effectively; and
``(6) creating and using formative assessments where
appropriate to advance student achievement and improve
instruction.
``(f) Conditions.--As a condition of receiving assistance made
available under this section, the Secretary shall require each local
educational agency receiving such assistance--
``(1) to coordinate, to the extent practicable, each
project or program carried out with such assistance with
appropriate activities of public or private cultural agencies,
institutions, and organizations, including museums, education
associations, libraries, and theaters; and
``(2) to use such assistance only to supplement, and not to
supplant, any other assistance or funds made available from
non-Federal sources for the activities assisted under this
section.
``(g) Evaluations.--
``(1) In general.--Each local educational agency that
receives funds under this section shall provide the Secretary,
at the conclusion of every fiscal year during which the funds
are received, with an evaluation, in a form prescribed by the
Secretary. This evaluation shall include--
``(A) a description of the programs and activities
conducted by the local educational agency with funds
received;
``(B) data on curriculum and partnerships
developed;
``(C) data on the amount of time spent on subjects
allowed for under the grant; and
``(D) other information as determined by the
Secretary.
``(2) Use of evaluation.--An evaluation provided by a local
educational agency shall be used by the local educational
agency and the State educational agency for improvement of
programs and activities.
``(h) Consultation.--In carrying out this section, the Secretary
shall consult with relevant Federal and State agencies or institutions,
educators (including professional education associations),
organizations representing subjects funded under this part.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section the following:
``(1) $250,000,000 for fiscal year 2010.
``(2) $300,000,000 for fiscal year 2011.
``(3) $350,000,000 for fiscal year 2012.
``(4) $400,000,000 for fiscal year 2013.
``(5) $450,000,000 for fiscal year 2014.
``(6) $500,000,000 for fiscal year 2015.''.
(b) Conforming Amendments.--The following provisions of the
Elementary and Secondary Education Act of 1965 are each amended by
striking ``part I'' and inserting ``part J'':
(1) Section 1304(c)(2) (20 U.S.C. 6394(c)(2)).
(2) Section 1415(a)(2)(C) (20 U.S.C. 6435(a)(2)(C)). | Access to Complete Education Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to local educational agencies (LEAs) to promote and strengthen as an integral part of the curriculum one or more of the subjects of music and arts, foreign languages, civics and government, economics, history, geography, and physical education and health.
Gives priority to LEAs that have the greatest numbers or percentages of children from families below the poverty line.
Requires grantees to coordinate, to the extent practicable, their programs to promote or strengthen education in such subjects with opportunities provided by public or private cultural entities, including museums, education associations, libraries, and theaters. | To amend the Elementary and Secondary Education Act of 1965 to provide grants for core curriculum development. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Status Protection Act''.
SEC. 2. USE OF AGE ON PETITION FILING DATE, PARENT'S NATURALIZATION
DATE, OR MARRIAGE TERMINATION DATE, IN DETERMINING STATUS
AS IMMEDIATE RELATIVE.
Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151)
is amended by adding at the end the following:
``(f) Rules for Determining Whether Certain Aliens Are Immediate
Relatives.--
``(1) Age on petition filing date.--Except as provided in
paragraphs (2) and (3), for purposes of subsection (b)(2)(A)(i), a
determination of whether an alien satisfies the age requirement in
the matter preceding subparagraph (A) of section 101(b)(1) shall be
made using the age of the alien on the date on which the petition
is filed with the Attorney General under section 204 to classify
the alien as an immediate relative under subsection (b)(2)(A)(i).
``(2) Age on parent's naturalization date.--In the case of a
petition under section 204 initially filed for an alien child's
classification as a family-sponsored immigrant under section
203(a)(2)(A), based on the child's parent being lawfully admitted
for permanent residence, if the petition is later converted, due to
the naturalization of the parent, to a petition to classify the
alien as an immediate relative under subsection (b)(2)(A)(i), the
determination described in paragraph (1) shall be made using the
age of the alien on the date of the parent's naturalization.
``(3) Age on marriage termination date.--In the case of a
petition under section 204 initially filed for an alien's
classification as a family-sponsored immigrant under section
203(a)(3), based on the alien's being a married son or daughter of
a citizen, if the petition is later converted, due to the legal
termination of the alien's marriage, to a petition to classify the
alien as an immediate relative under subsection (b)(2)(A)(i) or as
an unmarried son or daughter of a citizen under section 203(a)(1),
the determination described in paragraph (1) shall be made using
the age of the alien on the date of the termination of the
marriage.''.
SEC. 3. TREATMENT OF CERTAIN UNMARRIED SONS AND DAUGHTERS SEEKING
STATUS AS FAMILY-SPONSORED, EMPLOYMENT-BASED, AND
DIVERSITY IMMIGRANTS.
Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153)
is amended by adding at the end the following:
``(h) Rules for Determining Whether Certain Aliens Are Children.--
``(1) In general.--For purposes of subsections (a)(2)(A) and
(d), a determination of whether an alien satisfies the age
requirement in the matter preceding subparagraph (A) of section
101(b)(1) shall be made using--
``(A) the age of the alien on the date on which an
immigrant visa number becomes available for such alien (or, in
the case of subsection (d), the date on which an immigrant visa
number became available for the alien's parent), but only if
the alien has sought to acquire the status of an alien lawfully
admitted for permanent residence within one year of such
availability; reduced by
``(B) the number of days in the period during which the
applicable petition described in paragraph (2) was pending.
``(2) Petitions described.--The petition described in this
paragraph is--
``(A) with respect to a relationship described in
subsection (a)(2)(A), a petition filed under section 204 for
classification of an alien child under subsection (a)(2)(A); or
``(B) with respect to an alien child who is a derivative
beneficiary under subsection (d), a petition filed under
section 204 for classification of the alien's parent under
subsection (a), (b), or (c).
``(3) Retention of priority date.--If the age of an alien is
determined under paragraph (1) to be 21 years of age or older for
the purposes of subsections (a)(2)(A) and (d), the alien's petition
shall automatically be converted to the appropriate category and
the alien shall retain the original priority date issued upon
receipt of the original petition.''.
SEC. 4. USE OF AGE ON PARENT'S APPLICATION FILING DATE IN DETERMINING
ELIGIBILITY FOR ASYLUM.
Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C.
1158(b)(3)) is amended to read as follows:
``(3) Treatment of spouse and children.--
``(A) In general.--A spouse or child (as defined in section
101(b)(1) (A), (B), (C), (D), or (E)) of an alien who is
granted asylum under this subsection may, if not otherwise
eligible for asylum under this section, be granted the same
status as the alien if accompanying, or following to join, such
alien.
``(B) Continued classification of certain aliens as
children.--An unmarried alien who seeks to accompany, or follow
to join, a parent granted asylum under this subsection, and who
was under 21 years of age on the date on which such parent
applied for asylum under this section, shall continue to be
classified as a child for purposes of this paragraph and
section 209(b)(3), if the alien attained 21 years of age after
such application was filed but while it was pending.''.
SEC. 5. USE OF AGE ON PARENT'S APPLICATION FILING DATE IN DETERMINING
ELIGIBILITY FOR ADMISSION AS REFUGEE.
Section 207(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1157(c)(2)) is amended--
(1) by striking ``(2)'' and inserting ``(2)(A)''; and
(2) by adding at the end the following:
``(B) An unmarried alien who seeks to accompany, or follow to join,
a parent granted admission as a refugee under this subsection, and who
was under 21 years of age on the date on which such parent applied for
refugee status under this section, shall continue to be classified as a
child for purposes of this paragraph, if the alien attained 21 years of
age after such application was filed but while it was pending.''.
SEC. 6. TREATMENT OF CLASSIFICATION PETITIONS FOR UNMARRIED SONS AND
DAUGHTERS OF NATURALIZED CITIZENS.
Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154)
is amended by adding at the end the following:
``(k) Procedures for Unmarried Sons and Daughters of Citizens.--
``(1) In general.--Except as provided in paragraph (2), in the
case of a petition under this section initially filed for an alien
unmarried son or daughter's classification as a family-sponsored
immigrant under section 203(a)(2)(B), based on a parent of the son
or daughter being an alien lawfully admitted for permanent
residence, if such parent subsequently becomes a naturalized
citizen of the United States, such petition shall be converted to a
petition to classify the unmarried son or daughter as a family-
sponsored immigrant under section 203(a)(1).
``(2) Exception.--Paragraph (1) does not apply if the son or
daughter files with the Attorney General a written statement that
he or she elects not to have such conversion occur (or if it has
occurred, to have such conversion revoked). Where such an election
has been made, any determination with respect to the son or
daughter's eligibility for admission as a family-sponsored
immigrant shall be made as if such naturalization had not taken
place.
``(3) Priority date.--Regardless of whether a petition is
converted under this subsection or not, if an unmarried son or
daughter described in this subsection was assigned a priority date
with respect to such petition before such naturalization, he or she
may maintain that priority date.
``(4) Clarification.--This subsection shall apply to a petition
if it is properly filed, regardless of whether it was approved or
not before such naturalization.''.
SEC. 7. IMMIGRATION BENEFITS FOR CERTAIN ALIEN CHILDREN NOT AFFECTED.
Section 204(a)(1)(D) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(D)) is amended by adding at the end the following new
clause:
``(iii) Nothing in the amendments made by the Child Status
Protection Act shall be construed to limit or deny any right or benefit
provided under this subparagraph.''.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act and shall apply to any alien who is a
derivative beneficiary or any other beneficiary of--
(1) a petition for classification under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) approved before
such date but only if a final determination has not been made on
the beneficiary's application for an immigrant visa or adjustment
of status to lawful permanent residence pursuant to such approved
petition;
(2) a petition for classification under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) pending on or after
such date; or
(3) an application pending before the Department of Justice or
the Department of State on or after such date.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Child Status Protection Act - Amends the Immigration and Nationality Act to provide that the determination of whether an unmarried alien son or daughter of a U.S. citizen is considered an "immediate relative child" (under 21 years old) shall be made at the time an immigration visa petition is filed for such classification on his or her behalf. (Under existing law unmarried children may apply for immigrant status as immediate relatives without numerical limitation.)Makes similar determinations in the case of: (1) permanent resident parents who subsequently naturalize after having filed family-sponsored immigration petitions for a son or daughter (age determination at time of parents' naturalization); or (2) citizen parents who filed family-sponsored immigration petitions for a married son or daughter and such son or daughter later divorces (age determination at time of divorce).(Sec. 3) States that with respect to an unmarried son or daughter seeking status as family-sponsored, employment-based, or diversity "child" (unmarried, under 21 years old) immigrant: (1) such an alien's age will be determined using the age of the alien on the date on which an immigrant visa becomes available reduced by the number of days in which the petition was pending; and (2) if the alien's age is determined to be 21 years or older the original (pre-21 years old) priority date shall be retained.(Sec. 4) States that a son or daughter who was unmarried and under 21 years old when the parent applied for asylee or refugee status shall retain such "child" classification during the pendency of the asylee or refugee application.(Sec. 6) Provides that the family-sponsored petition of an unmarried alien son or daughter whose permanent resident alien parent subsequently becomes a naturalized U.S. citizen shall be converted to a petition for an unmarried son or daughter of a U.S. citizen, unless the son or daughter elects otherwise. States that any petition priority date assigned prior to such naturalization may be maintained regardless of whether or not the petition is converted.(Sec. 7) States that nothing in this Act shall be construed to limit or deny specified benefits for alien children.(Sec. 8) States that the amendments made by this Act shall take effect upon enactment of this Act and shall apply to an alien beneficiary of: (1) an immigrant petition approved but not with a final determination prior to such date; (2) a petition pending on or after such date; or (3) an application pending before the Department of Justice or Department of State on or after such date. | To amend the Immigration and Nationality Act to determine whether an alien is a child, for purposes of classification as an immediate relative, based on the age of the alien on the date the classification petition with respect to the alien is filed, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Generic Complex Drugs Safety and
Effectiveness for Patients Act of 2015''.
SEC. 2. GAO STUDY OF SCIENTIFIC ISSUES REGARDING THE CURRENT REGULATORY
PATHWAY FOR REVIEWING GENERIC VERSIONS OF CERTAIN COMPLEX
DRUG PRODUCTS.
(a) Study by GAO.--The Comptroller General of the United States
shall conduct a study to determine the following:
(1) With respect to nonbiologic complex drug products that
have not been fully characterized (as defined in subsection
(e)(1)), whether the listing of such drugs as reference
products in generic drug applications presents unique
challenges in meeting approval standards that are significantly
different than the challenges presented by generic drug
applications that list small-molecule reference products.
(2) With respect to biological products that are within the
scope of the exception under section 7002(e)(2) of Public Law
111-148 (relating to temporary authority for the approval of
biological products under section 505 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355)), whether the listing of
such biological products as reference products in generic drug
applications presents unique challenges in meeting approval
standards that are significantly different than the challenges
presented by generic drug applications that list small-molecule
reference products.
(3) If the answer to the question under paragraph (1) or
(2) is that significantly different challenges are presented
for patients when reference products are nonbiologic complex
drug products that have not been fully characterized or when
reference products are biological products that are within the
scope of the exception under section 7002(e)(2) of Public Law
111-148:
(A) What degree of characterization of the proposed
generic version and the reference product should be
required in order to determine the safety and
effectiveness of the generic version.
(B) What degree of similarity should be required to
deem that the active ingredient of the proposed generic
version is the same as the active ingredient of the
reference product.
(C) What types of evidence should be required to
demonstrate that the proposed generic version is
bioequivalent to the reference product.
(D) What requirements should be established with
respect to the comparability of the manufacturing
process for the proposed generic version and the
manufacturing process for the reference product.
(E) Whether and to what extent clinical evidence is
needed to demonstrate that there is no difference in
immunogenicity between the proposed generic version and
the reference product.
(F) Whether and to what extent other clinical
evidence is needed to demonstrate that the proposed
generic version is as safe and effective for patients
as the reference product.
(G) Taking into account the determinations made
regarding the issues listed in subparagraphs (A)
through (F):
(i) Whether section 505(j) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
should be amended to establish provisions that
expressly address the approval of copy versions
of nonbiologic complex drug products that have
not been fully characterized, provisions that
expressly address the approval of copy versions
of biological products that are within the
scope of the exception under section 7002(e)(2)
of Public Law 111-148, or both.
(ii) Whether section 505(b)(2) of such Act
(21 U.S.C. 355(b)(2)) should be so amended.
(iii) Whether such Act should otherwise be
so amended.
(iv) Whether section 351 of the Public
Health Service Act (42 U.S.C. 262) should be so
amended.
(H) Taking into account the determinations made
regarding the issues listed in subparagraphs (A)
through (F), and taking into consideration all relevant
guidances, draft guidances, and other agency policy
documents--
(i) whether the Food and Drug
Administration should develop and provide to
the public a policy document that provides a
comprehensive statement of general principles
on the evidence that is necessary to obtain the
approval of such Administration for proposed
generic versions of reference products that are
nonbiologic complex drug products that have not
been fully characterized or that are biological
products; and
(ii) if so, the date by which such
Administration could reasonably be expected to
issue such comprehensive policy document.
(b) Consultation.--The Comptroller General shall conduct the study
under subsection (a) in consultation with--
(1) the Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs; and
(2) appropriate public and private entities, including
patient advocacy organizations, professional medical
associations, hospital pharmacies, scientists of academic and
business organizations, and representatives of the regulated
industry.
(c) Required Consideration.--In carrying out the study under
subsection (a), the Comptroller General shall consider the following:
(1) Published clinical reports of clinically meaningful
(including serious) adverse events of patients to--
(A) generic versions of the nonbiologic complex
drug products that have not been fully characterized;
(B) generic versions of biological products; and
(C) the reference products.
(2) The specific criteria that have been used by the
Secretary to approve generic versions of nonbiologic complex
drug products that have not been fully characterized or generic
versions of biological products.
(3) The specific criteria specified in guidances, draft
guidance, and other documents issued by the Secretary regarding
applications under section 351(k) of the Public Health Service
Act (42 U.S.C. 262(k)) for the licensing of biosimilar
biological products.
(d) Optional Consideration.--In carrying out the study under
subsection (a), the Comptroller General may under subsection (c)
consider the following information from foreign countries:
(1) Reports described in subsection (c)(1) from foreign
countries that are listed in clause (i) or (ii) of section
802(b)(1)(A) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 382(b)(1)(A)) or are designated pursuant to section
802(b)(1)(B) of such Act (21 U.S.C. 382(b)(1)(B)).
(2) The guidelines or recommendations of the pharmaceutical
regulatory agencies of foreign countries described in paragraph
(1) regarding any class of products that such an agency
regulates as a biosimilar biological product, but that has been
or could be approved as a generic drug in the United States.
(3) Any instance where the Secretary or such foreign
regulatory agencies have, after approving a generic version (or
a foreign equivalent) of a nonbiologic complex drug product
that has not been fully characterized or a generic version (or
a foreign equivalent) of a biological product, sought a
clinical trial to confirm--
(A) the generic version (or foreign equivalent) is
therapeutically equivalent to the reference product (or
meets a similar standard, in the case of a foreign
regulatory agency); or
(B) the safety and effectiveness of the generic
version (or foreign equivalent).
(e) Completion Date.--Not later than the expiration of the 2-year
period beginning on the date of the enactment of this Act, the
Comptroller General shall complete the study under subsection (a) and
submit a report describing the findings and conclusions of the study to
the Secretary, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Health, Education, Labor, and
Pensions of the Senate.
(f) Definitions.--
(1) Complex drug product not fully characterized.--For
purposes of this section, the terms ``complex drug product that
has not been fully characterized'' and ``complex drug products
that have not been fully characterized'', with respect to a
nonbiologic drug, means a drug for which--
(A) the active ingredient has molecular diversity;
(B) scientific analytic methodologies are unable to
fully identify the molecular structures and
physiochemical properties of the active ingredient; and
(C) the nature of the active ingredient is not
understood sufficiently to identity--
(i) all the molecular components of the
drug that are involved in producing the
therapeutic effect; and
(ii) the mechanisms of action that produce
such effect.
(2) Other definitions.--For purposes of this section:
(A) The term ``bioequivalent'', with respect to a
generic drug, has the meaning given such term in
section 505(j)(8)(B) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(8)(B)).
(B) The term ``generic drug'' or ``generic
version'', with respect to the United States, means a
drug that is approved under section 505(j) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(j)).
(C) The term ``generic drug application'' means an
abbreviated application for the approval of a new drug
under section 505(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)).
(D) The term ``proposed'', with respect to a
generic version, means subject to a generic drug
application that is pending before the Food and Drug
Administration.
(E) The term ``reference product'', with respect to
a generic drug, has the meaning given the term ``listed
drug'' in section 505(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)).
(F) The term ``Secretary'' means the Secretary of
Health and Human Services. | Generic Complex Drugs Safety and Effectiveness for Patients Act of 2015 This bill requires the Government Accountability Office (GAO) to study whether generic versions of certain complex drugs or certain biological drugs face significantly different challenges in meeting the approval standards of the Food and Drug Administration (FDA) than generic versions of small-molecule drugs. (Complex drugs and biological drugs can be composed of large molecules that are more difficult to fully characterize than small molecules, so it can be more difficult to demonstrate that generic versions of these drugs are the same as the brand name versions.) If the GAO determines that these generic drugs face significantly different challenges, then the GAO must also determine: (1) the evidence that should be required to demonstrate that one of these generic drugs is sufficiently similar to the brand name drug in safety, composition, and activity; (2) whether the Federal Food, Drug, and Cosmetic Act should be amended to address the approval of these generic drugs; and (3) whether the FDA should develop a policy document on the evidence that is necessary to obtain approval of these generic drugs. | Generic Complex Drugs Safety and Effectiveness for Patients Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Oil Displacement Act of
2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the strategic interests of the United States would be
served by a reduction in the Nation's dependence upon imported
oil to produce transportation fuels and other products vital to
both the domestic economy and national security;
(2) this goal would be served by the development of a
viable, commercially competitive synthetic fuels industry
reliant upon domestic coals and other plentiful, nontraditional
carbonaceous feedstocks; and
(3) temporary financial incentives are required to foster
private investment in the technology, design, construction, and
operation of strategic facilities capable of producing
synthetic fuels or synthetic gas on a commercial scale.
SEC. 3. CARBONACEOUS FUELS FACILITY CREDIT.
(a) Allowance of Carbonaceous Fuels Facility Credit.--Section 46 of
the Internal Revenue Code of 1986 is amended by striking ``and'' at the
end of paragraph (5), by striking the period at the end of paragraph
(6) and inserting ``, and'' and by inserting after paragraph (6) the
following new paragraph:
``(7) the carbonaceous fuels facility credit.''.
(b) Amount of Carbonaceous Fuels Facility Credit.--Subpart E of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after section 48D the following new section:
``SEC. 48E. CARBONACEOUS FUELS FACILITY CREDIT.
``(a) In General.--For purposes of section 46, the carbonaceous
fuels facility credit for any taxable year is an amount equal to 30
percent of the qualified investment in a carbonaceous fuels conversion
facility for such taxable year.
``(b) Qualified Investment.--For purposes of this section--
``(1) In general.--The term `qualified investment' means,
with respect to any taxable year, the basis of property placed
in service by the taxpayer during the taxable year as part of a
carbonaceous fuels conversion facility--
``(A)(i) the construction, reconstruction, or
erection of which is completed by the taxpayer, or
``(ii) which is acquired by the taxpayer if the
original use of such property commences with the
taxpayer,
``(B) with respect to which depreciation (or
amortization in lieu of depreciation) is allowable, and
``(C) which has a useful life of not less than 3
years.
``(2) Special rule for sale-leasebacks.--For purposes of
paragraph (1)(A), in the case of a facility that--
``(A) is originally placed in service by a person,
and
``(B) is sold and leased back by such person, or is
leased to such person, within 3 months after the date
such facility was originally placed in service, for a
period of not less than 12 years,
such facility shall be treated as originally placed in service
not earlier than the date on which such property is used under
the leaseback (or lease) referred to in subparagraph (B). The
preceding sentence shall not apply to any property if the
lessee and lessor of such property make an election under this
sentence. Such an election, once made, may be revoked only with
the consent of the Secretary.
``(3) Certain qualified progress expenditures rules made
applicable.--Rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this section.
``(c) Carbonaceous Fuels Conversion Facility.--
``(1) In general.--For purposes of this section, the term
`carbonaceous fuels conversion facility' means a facility of
the taxpayer used to produce a qualified fuel.
``(2) Qualified fuel.--For purposes of paragraph (1), the
term `qualified fuel'--
``(A) has the meaning given such term by section
45K(c), except that
``(B) in applying section 45K(c)(1)(C), the term
`coal' includes--
``(i) peat, and
``(ii) any byproduct (including synthetic
gas) or chemical--
``(I) that is from a coal, culm, or
silt preparation facility, and
``(II) that contains fixed carbon
derived from coal.
``(d) Coordination With Other Credits.--This section shall not
apply to any property with respect to which any other credit is allowed
unless the taxpayer elects to waive the application of such other
credits to such property.
``(e) Credit May Be Assigned.--
``(1) In general.--If any taxpayer elects the application
of this subsection for any taxable year, the amount of credit
determined under this section for such year which would (but
for this subsection) be allowable to the taxpayer shall be
allowable to the person designated by the taxpayer. Such amount
shall be determined by applying this section separately from
section 38 for such year. The person so designated shall be
treated as the taxpayer with respect to this section (other
than this subsection) for purposes of this title (other than
this paragraph).
``(2) Treatment of amounts paid for assignment.--If any
amount is paid to the person who assigns the credit determined
under this section, no portion of such amount shall be
includible in such person's gross income.
``(f) Application of Section.--This section shall apply to periods
after the date of the enactment of this section and before January 1,
2024, under rules similar to the rules of section 48(m) (as in effect
on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990).''.
(c) Recapture.--
(1) In general.--Subsection (a) of section 50 of such Code
is amended by adding at the end the following new paragraph:
``(6) Special rules relating to carbonaceous fuels
conversion facility.--For purposes of applying this subsection
in the case of any credit allowable by reason of section 48E,
the following shall apply:
``(A) In general.--In lieu of the amount of the
increase in tax under paragraph (1), the increase in
tax shall be an amount equal to the investment tax
credit allowed under section 38 for all prior taxable
years with respect to a carbonaceous fuels conversion
facility (as defined by section 48E(c)) multiplied by a
fraction whose numerator is the number of years
remaining to fully depreciate under this chapter the
carbonaceous fuels conversion facility disposed of, and
whose denominator is the total number of years over
which such facility would otherwise have been subject
to depreciation. For purposes of the preceding
sentence, the year of disposition of the carbonaceous
fuels conversion facility property shall be treated as
a year of remaining depreciation.
``(B) Property ceases to qualify for progress
expenditures.--Rules similar to the rules of paragraph
(2) shall apply in the case of qualified progress
expenditures for a carbonaceous fuels conversion
facility under section 48E, except that the amount of
the increase in tax under subparagraph (A) of this
paragraph shall be substituted in lieu of the amount
described in such paragraph (2).''.
(2) Paragraph (4) of section 50(a) of such Code is amended
by striking ``and (2)'' and inserting ``, (2), and (6)''.
(d) Application of At-Risk Rules.--Subparagraph (C) of section
49(a)(1) of such Code is amended by striking ``and'' at the end of
clause (v), by striking the period at the end of clause (vi) and
inserting ``, and'', and by adding at the end thereof the following new
clause:
``(vii) the portion of the basis of any
carbonaceous fuels conversion facility
attributable to any qualified investment (as
defined by section 48E(b)).''.
(e) Clerical Amendment.--The table of sections for subpart E of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 48D the following new
item:
``Sec. 48E. Carbonaceous fuels facility credit.''
(f) Effective Date.--The amendments made by this section shall
apply taxable years ending after the date of the enactment of this Act.
SEC. 4. EXEMPTION FROM MANUFACTURERS EXCISE TAX ON FUELS.
(a) In General.--Subsection (a) of section 4083 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) Qualified carbonaceous fuel.--
``(A) Exemption.--The terms `taxable fuel',
`gasoline', `diesel fuel' and `kerosene' do not include
qualified carbonaceous fuel or that portion of a blend
that is qualified carbonaceous fuel.
``(B) Qualified carbonaceous fuel defined.--For
purposes of subparagraph (A), the term `qualified
carbonaceous fuel' means qualified fuel produced by a
carbonaceous fuels conversion facility.
``(C) Other definitions.--For purposes of
subparagraph (B), the terms `qualified fuel' and
`carbonaceous fuels conversion facility' have the
meaning given such terms by section 48E.
``(D) Application of paragraph.--This paragraph
shall apply during the period beginning on the 91st day
after the date of the enactment of this paragraph and
ending on December 31, 2023.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act. | Foreign Oil Displacement Act of 2010 - Amends the Internal Revenue Code to: (1) allow a tax credit for investment in a carbonaceous fuels facility; (2) allow a new 30% tax credit for investment in a carbonaceous fuels conversion facility; and (3) exempt from the manufacturer's excise tax on fuels carbonaceous fuel or any portion of a blend that is carbonaceous fuel. Defines "carbonaceous fuels conversion facility" as a facility for producing fuels from nonconventional sources using coal, including peat and any byproduct (including synthetic gas) or chemical that is from a coal, culm, or silt preparation facility and that contains fixed carbon derived from coal. | To amend the Internal Revenue Code of 1986 to provide an investment credit to promote the conversion of United States coal and domestic carbonaceous feedstocks into synthetic fuels and synthetic gas. |
SECTION 1. EXTENSION OF RENEWABLE ENERGY CREDIT.
Section 45(d) of the Internal Revenue Code of 1986 (relating to
qualified facilities) is amended by striking ``January 1, 2006'' each
place it appears and inserting ``January 1, 2011''.
SEC. 2. TREATMENT OF PERSONS NOT ABLE TO USE ENTIRE CREDIT.
(a) In General.--Section 45(e) of the Internal Revenue Code of 1986
(relating to definitions and special rules) is amended by adding at the
end the following new paragraph:
``(10) Treatment of persons not able to use entire
credit.--
``(A) Allowance of credit.--
``(i) In general.--Except as otherwise
provided in this subsection--
``(I) any credit allowable under
subsection (a) with respect to a
qualified facility owned by a person
described in clause (ii) may be
transferred or used as provided in this
paragraph, and
``(II) the determination as to
whether the credit is allowable shall
be made without regard to the tax-
exempt status of the person.
``(ii) Persons described.--A person is
described in this clause if the person is--
``(I) an organization described in
section 501(c)(12)(C) and exempt from
tax under section 501(a),
``(II) an organization described in
section 1381(a)(2)(C),
``(III) a public utility (as
defined in section 136(c)(2)(B)), which
is exempt from income tax under this
subtitle,
``(IV) any State or political
subdivision thereof, the District of
Columbia, any possession of the United
States, or any agency or
instrumentality of any of the
foregoing, or
``(V) any Indian tribal government
(within the meaning of section 7871) or
any agency or instrumentality thereof.
``(B) Transfer of credit.--
``(i) In general.--A person described in
subparagraph (A)(ii) may transfer any credit to
which subparagraph (A)(i) applies through an
assignment to any other person not described in
subparagraph (A)(ii). Such transfer may be
revoked only with the consent of the Secretary.
``(ii) Regulations.--The Secretary shall
prescribe such regulations as necessary to
ensure that any credit described in clause (i)
is assigned once and not reassigned by such
other person.
``(iii) Transfer proceeds treated as
arising from essential government function.--
Any proceeds derived by a person described in
subclause (III), (IV), or (V) of subparagraph
(A)(ii) from the transfer of any credit under
clause (i) shall be treated as arising from the
exercise of an essential government function.
``(C) Use of credit as an offset.--Notwithstanding
any other provision of law, in the case of a person
described in subclause (I), (II), or (V) of
subparagraph (A)(ii), any credit to which subparagraph
(A)(i) applies may be applied by such person, to the
extent provided by the Secretary of Agriculture, as a
prepayment of any loan, debt, or other obligation the
entity has incurred under subchapter I of chapter 31 of
title 7 of the Rural Electrification Act of 1936 (7
U.S.C. 901 et seq.), as in effect on the date of the
enactment of the Energy Tax Incentives Act.
``(D) Credit not income.--Any transfer under
subparagraph (B) or use under subparagraph (C) of any
credit to which subparagraph (A)(i) applies shall not
be treated as income for purposes of section
501(c)(12).
``(E) Treatment of unrelated persons.--For purposes
of subsection (a)(2)(B), sales of electricity among and
between persons described in subparagraph (A)(ii) shall
be treated as sales between unrelated parties.''.
(b) Effective Date.--The amendment made by this section shall apply
to shall apply to electricity produced and sold after the date of the
enactment of this Act, in taxable years ending after such date. | Amends the Internal Revenue Code to: (1) extend through 2010 the tax credit for electricity produced from certain renewable resources (e.g., wind, biomass, poultry waste); (2) allow certain organizations, including tax-exempt organizations, State and local governments, and Indian tribal governments, to sell unused amounts of such tax credit. | A bill to amend the Internal Revenue code of 1986 to extend for 5 years the credit for electricity produced from certain renewable resources, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Welfare Workforce Study Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1)(A) Research indicates that child welfare staff face a
variety of obstacles that hinder their effective work with
children and families in the child welfare system. These
obstacles include barriers described in subparagraphs (B)
through (D).
(B) High caseload and high workload levels prevent child
welfare staff from working intensively with children and
families and monitoring their progress carefully.
(C) Child welfare staff report an absence of sufficient
access to supervision, mentoring, and professional advancement.
A lack of access to supervision, mentoring, and professional
advancement contributes to staff burnout and turnover.
(D) States report difficulty hiring and retaining quality
child welfare staff. The average tenure of such a staff member
is less than 2 years. In addition to the increased cost of
hiring and training new child welfare staff, high turnover
rates among such staff are associated with multiple placements
of children in foster care, longer lengths of stays in foster
care, lower rates of permanency, and failed efforts at family
reunification. Lengthy periods of foster care increase costs
for child welfare agencies, as maintaining children in foster
care is more expensive than adoption, reunification, or other
permanency options.
(2) Supervision, staff preparation and training, caseloads,
workloads, data and accountability, working conditions,
cultural competence, and leadership are key components of an
effective child welfare workforce.
SEC. 3. DATA COLLECTION AND RESEARCH TO INCREASE ACCOUNTABILITY FOR
OUTCOMES FOR CHILDREN.
(a) National Child Welfare Staff Study.--
(1) Study and report.--The Secretary shall enter into an
agreement with the National Academy of Sciences, under which
the National Academy of Sciences shall--
(A) conduct a national study of child welfare
staff, highlighting promising approaches, to--
(i) examine and provide findings related to
the demographic and other characteristics of
child welfare staff, including compensation,
academic degrees held, education and training
received, and turnover;
(ii) examine and provide findings regarding
factors contributing to child welfare staff
turnover and strategies that have been
effective in reducing the turnover by type of
child welfare services, including preventive,
protective, foster care, independent living,
adoption, and kinship care services;
(iii)(I) examine and provide findings
regarding strengths and challenges present in
the working relationship between child welfare
staff, legal and court staff, and other related
professionals; and
(II) make recommendations regarding how
this working relationship may be improved;
(iv) examine and provide findings, and make
recommendations, regarding appropriate overall
workloads and caseloads for all child welfare
staff, including appropriate workloads and
caseloads for supervisors, analyzed by type of
child welfare staff member supervised,
including those providing child welfare
services, including preventive, protective,
foster care, independent living, adoption, and
kinship care services, and appropriate
measurement of such overall workloads and
caseloads;
(v)(I) examine and provide findings related
to policy and practice regarding education
level and training requirements for child
welfare staff by type of work, including
providing preventive, protective, foster care,
adoption, and kinship care services; and
(II) make recommendations regarding
appropriate education levels and training to
ensure competent child welfare staff; and
(vi)(I) examine and provide findings
related to the kinds of data available to or
collected by State or local child welfare
agencies with regard to child welfare staff;
(II) examine the methods and kinds of data
on child welfare staff that States report to
the Secretary through the data collection
systems authorized under section 103(c)(1)(C)
of the Child Abuse Prevention and Treatment
Act, section 477(f) of the Social Security Act
(42 U.S.C. 677(f)), and section 479 of such Act
(42 U.S.C. 679);
(III) make recommendations on how States
might collect data on child welfare staff,
including data on the type of work staff are
performing, and report the data to the
Secretary, regularly and in a manner that
enables the data to be linked to the outcomes
achieved for individual children served by the
State or local child welfare agency involved,
which shall include--
(aa) a means of incorporating the
data into the data collection system
authorized under section 479 of the
Social Security Act (42 U.S.C. 679);
and
(bb) as appropriate, a means of
linking the data to the information
collected through the data collection
systems authorized under section
103(c)(1)(C) of the Child Abuse
Prevention and Treatment Act and under
section 477(f) of the Social Security
Act (42 U.S.C. 677(f)); and
(IV) examine and provide findings regarding
the impact of data collection procedures and
requirements on child welfare staff, and make
recommendations for collecting data on child
welfare staff in such a way that the attention
and time of child welfare staff are not
diverted from providing services to children
and families in order to meet data collection
requirements; and
(B) not later that 18 months after the date on
which the Secretary and the National Academy of
Sciences enter into the agreement, submit a report
containing the results of the study, including the
findings and recommendations described in subparagraph
(A), to the Secretary.
(2) Consultation with indian tribes and tribal
organizations.--The agreement entered into by the Secretary and
the National Academy of Sciences under paragraph (1) shall
require that, in conducting the study described in that
paragraph, the National Academy of Sciences shall consult with
Indian tribes and tribal organizations (as defined in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)) regarding any aspects of the study that will
address tribal-specific or unique issues, concerns, or special
circumstances with respect to Indian children and their
families.
(3) Report to congress.--Not later than 3 months after
receiving the report submitted under paragraph (1)(B), the
Secretary shall transmit the report to the appropriate
committees of Congress, along with a description of how the
Secretary plans to consult with State administrators, Indian
tribes and tribal organizations, child welfare staff, and other
appropriate stakeholders to issue the proposed regulations
described in subsection (b)(1).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out paragraph (1), such sums as are
necessary for fiscal years 2011 and 2012.
(b) Collection and Reporting of Data on Child Welfare Staff.--
(1) Proposed regulations.--The Secretary shall consult with
State administrators, child welfare staff, and other
appropriate stakeholders and, not later than 12 months after
receiving the report described in subsection (a)(1)(B), shall
issue proposed regulations, which shall--
(A) be based on the recommendations in the report;
and
(B) require States to collect data on child welfare
staff, and report the data to the Secretary, regularly
and in a manner that enables the data to be linked to
the outcomes achieved for individual children served by
the State or local child welfare agency involved, which
shall include--
(i) a means of incorporating the data into
the data collection system authorized under
section 479 of the Social Security Act (42
U.S.C. 679); and
(ii) as appropriate, a means of linking the
data to the information collected through the
data collection systems authorized under
section 103(c)(1)(C) of the Child Abuse
Prevention and Treatment Act and under section
477(f) of the Social Security Act (42 U.S.C.
677(f)).
(2) Final regulations.--Not later than 2 years after
receiving the report described in subsection (a)(1)(B), the
Secretary shall issue final regulations that meet the
requirements of subparagraphs (A) and (B) of paragraph (1).
(c) Definitions.--In this Act:
(1) Child welfare staff.--The term ``child welfare staff''
means--
(A) employees of State, tribal, or local child
welfare agencies, who are working with children and
families that have contact with such a child welfare
agency, in order to promote safety, permanence, and
well-being for children and families; and
(B) employees of State-licensed or State-approved
nonprofit private agencies, who are working with
children and families that have contact with a State,
tribal, or local child welfare agency in order to
promote safety, permanence, and well-being for children
and families.
(2) Related professionals.--The term ``related
professionals'', used with respect to child welfare staff,
means individuals employed by public or nonprofit private
agencies in child- and family-serving fields including
education, health, mental health, substance abuse prevention
and treatment, juvenile justice, law enforcement, and domestic
violence, who work with children and families that have contact
with a State, tribal, or local child welfare agency.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Child Welfare Workforce Study Act - Directs the Secretary of Health and Human Services (HHS) to enter into an agreement with the National Academy of Sciences to study and report to the Secretary and Congress on child welfare staff.
Requires the Secretary, based on recommendations in the report, to issue regulations that require states to collect and report data on child welfare staff regularly and in a manner that enables the data to be linked to the outcomes achieved for individual children served by the state or local child welfare agency involved. | A bill to examine and improve the child welfare workforce, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No More Terror in New York Act of
2002''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Yasser Arafat, in a letter sent to then Israeli Prime
Minister Rabin on September 9, 1993, stated that the PLO
``renounces the use of terrorism and other acts of violence and
will assume responsibility over all PLO elements and personnel
in order to assure their compliance, prevent violations, and
discipline violators''.
(2) During the last 18 months of the ``Intifada'' hundreds
of Israelis have been killed in numerous terrorist attacks
committed by terrorists belonging to Palestinian extremist
organizations.
(3) The Department of State report of April 2001 on
Palestinian compliance with the Oslo Accords details the
involvement of the PLO's Fatah faction and Tanzim militant
units in terrorism and violent incitement, stating ``Elements
of Fatah, a PLO faction, and members of the PA's [Palestinian
Authority's] security forces instigated and directly
participated in anti-Israel violence. . .''.
(4) According to the Israeli Government, more than 70
percent of terrorist attacks in Israel have been committed by
the Fatah, Tanzim and its military brigades, and by Force 17,
Yasser Arafat's Presidential Guard.
(5) The PLO recently attempted to smuggle more than 50 tons
of arms from Iran into PLO-controlled territory.
(6) President Bush said ``Ordering up weapons that were
intercepted on a boat headed for that part of the world is not
part of fighting terror [. . .] That's enhancing terror.''.
SEC. 3. CONGRESSIONAL STATEMENT REGARDING UNITED STATES POLICY.
The Congress--
(1) finds that the PLO is in violation of the Oslo Accords
under which the organization made a commitment to abandon and
renounce terrorism;
(2) urges the President to withdraw or terminate any waiver
by the President of the requirements of section 1003 of the
Foreign Relations Authorization Act, Fiscal Years 1988 and
1989;
(3) urges the Secretary of State to designate the PLO,
appropriate constituent groups (including Fatah and Tanzim),
and appropriate groups operating as arms of the Palestinian
Authority (including Force 17) as a foreign terrorist
organization under section 219 of the Immigration and
Nationality Act;
(4) urges the President to direct the United States
Representative to the United Nations to take all appropriate
measures to ensure termination of the permanent observer status
of the PLO at the United Nations;
(5) calls upon the United Nations General Assembly to
revoke the permanent observer status of the PLO; and
(6) calls upon the United Nations General Assembly to
revoke any status relating to the United Nations under which
the PLO is able to maintain an office in New York City.
SEC. 4. RESTRICTIONS ON TRAVEL BY MEMBERS OF PLO UNITED NATIONS
MISSION.
(a) In General.--Notwithstanding any other provision of law, any
alien admitted to the United States with diplomatic status as a
representive of the PLO shall be subject to restrictions on travel
while in the United States under this section.
(b) Restricted Travel Area.--PLO representatives in the United
States shall be restricted to travel within a 25 mile radius of the
United Nations Headquarters Building.
(c) Prior Approval Required for Other Travel.--PLO representatives
shall submit a written request to the Department of State concerning
travel in the United States outside of the area designated under
subsection (b). Each request shall be accompanied by such information
as the Secretary of State shall require. PLO representatives must
obtain approval of travel not later than 48 hours prior to the
initiation of travel. Any necessary tickets for transportation and
accommodations during such travel shall be arranged through the Office
of Foreign Missions of the Department of State.
SEC. 5. REPORTS TO CONGRESS.
(a) PLO Involvement With Terrorism.--Beginning 6 months after the
date of the enactment of this Act and every 6 months thereafter, the
Secretary of State shall submit a report on the PLO's involvement with
acts of terror and terrorist groups to the Committee on International
Relations of the House of Representatives and the Committee on Foreign
Relations of the Senate.
(b) PLO Travel.--Beginning 6 months after the date of the enactment
of this Act and every 6 months thereafter, the Secretary of State shall
submit a report on travel by PLO diplomatic representatives in the
United States outside of the restricted travel area to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
SEC. 6. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Oslo Accords'' means all agreements signed
between the Government of Israel and the Palestine Liberation
Organization or Palestinian Authority since September 13, 1993.
(2) The term ``PLO'' means Palestine Liberation
Organization. | No More Terror in New York Act of 2002 - Urges the: (1) Secretary of State to designate the Palestine Liberation Organization (PLO), appropriate PLO constituent groups, and appropriate arms of the Palestinian Authority as a foreign terrorist organization; (2) President to direct the U.S. Representative to the United Nations (UN) to ensure termination of the PLO's permanent observer status; and (3) United Nations General Assembly to revoke such status and any status under which the PLO is able to maintain an office in New York City.Restricts the travel of any alien admitted to the United States with diplomatic status as a representative of the PLO to within a 25-mile radius of the UN Headquarters Building. Requires prior approval of a written request for any other travel in the United States.Requires biannual reports from the Secretary of State to specified congressional committees on the PLO's involvement with acts of terror and terrorist groups, as well as on PLO representatives' travel outside the restricted areas. | To provide for restrictions on travel by diplomatic representatives of the Palestine Liberation Organization while in the United States, and for other purposes. |
SECTION 1. PURCHASE OF SETTLEMENT COMMON STOCK OF COOK INLET REGION.
(a) In General.--Section 7(h) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(h)) is amended by adding at the end the
following new paragraph:
``(4)(A) As used in this paragraph, the term `Cook Inlet Regional
Corporation' means Cook Inlet Region, Incorporated.
``(B) The Cook Inlet Regional Corporation may, by an amendment to
its articles of incorporation made in accordance with the voting
standards under section 36(d)(1), purchase Settlement Common Stock of
the Cook Inlet Regional Corporation and all rights associated with the
stock from the shareholders of Cook Inlet Regional Corporation in
accordance with any provisions included in the amendment that relate to
the terms, procedures, number of offers to purchase, and timing of
offers to purchase.
``(C) Subject to subparagraph (D), and notwithstanding paragraph
(1)(B), the shareholders of Cook Inlet Regional Corporation may, in
accordance with an amendment made pursuant to subparagraph (B), sell
the Settlement Common Stock of the Cook Inlet Regional Corporation to
itself.
``(D) No sale or purchase may be made pursuant to this paragraph
without the prior approval of the board of directors of Cook Inlet
Regional Corporation. Except as provided in subparagraph (E), each sale
and purchase made under this paragraph shall be made pursuant to an
offer made on the same terms to all holders of Settlement Common Stock
of the Cook Inlet Regional Corporation.
``(E) To recognize the different rights that accrue to any class or
series of shares of Settlement Common Stock owned by stockholders who
are not residents of a Native village (referred to in this paragraph as
`non-village shares'), an amendment made pursuant to subparagraph (B)
shall authorize the board of directors (at the option of the board) to
offer to purchase--
``(i) the non-village shares, including the right to share in
distributions made to shareholders pursuant to subsections (j) and
(m) (referred to in this paragraph as `nonresident distribution
rights'), at a price that includes a premium, in addition to the
amount that is offered for the purchase of other village shares of
Settlement Common Stock of the Cook Inlet Regional Corporation,
that reflects the value of the nonresident distribution rights; or
``(ii) non-village shares without the nonresident distribution
rights associated with the shares.
``(F) Any shareholder who accepts an offer made by the board of
directors pursuant to subparagraph (E)(ii) shall receive, with respect
to each non-village share sold by the shareholder to the Cook Inlet
Regional Corporation--
``(i) the consideration for a share of Settlement Common Stock
offered to shareholders of village shares; and
``(ii) a security for only the nonresident rights that attach
to such share that does not have attached voting rights (referred
to in this paragraph as a `non-voting security').
``(G) An amendment made pursuant to subparagraph (B) shall
authorize the issuance of a non-voting security that--
``(i) shall, for purposes of subsections (j) and (m), be
treated as a non-village share with respect to--
``(I) computing distributions under such subsections; and
``(II) entitling the holder of the share to the
proportional share of the distributions made under such
subsections;
``(ii) may be sold to Cook Inlet Region, Inc.; and
``(iii) shall otherwise be subject to the restrictions under
paragraph (1)(B).
``(H) Any shares of Settlement Common Stock purchased pursuant to
this paragraph shall be canceled on the conditions that--
``(i) non-village shares with the nonresident rights that
attach to such shares that are purchased pursuant to this paragraph
shall be considered to be--
``(I) outstanding shares; and
``(II) for the purposes of subsection (m), shares of stock
registered on the books of the Cook Inlet Regional Corporation
in the names of nonresidents of villages;
``(ii) any amount of funds that would be distributable with
respect to non-village shares or non-voting securities pursuant to
subsection (j) or (m) shall be distributed by Cook Inlet Regional
Corporation to itself; and
``(iii) village shares that are purchased pursuant to this
paragraph shall be considered to be--
``(I) outstanding shares, and
``(II) for the purposes of subsection (k) shares of stock
registered on the books of the Cook Inlet Regional Corporation
in the names of the residents of villages.
``(I) Any offer to purchase Settlement Common Stock made pursuant
to this paragraph shall exclude from the offer--
``(i) any share of Settlement Common Stock held, at the time
the offer is made, by an officer (including a member of the board
of directors) of Cook Inlet Regional Corporation or a member of the
immediate family of the officer; and
``(ii) any share of Settlement Common Stock held by any
custodian, guardian, trustee, or attorney representing a
shareholder of Cook Inlet Regional Corporation in fact or law, or
any other similar person, entity, or representative.
``(J)(i) The board of directors of Cook Inlet Regional Corporation,
in determining the terms of an offer to purchase made under this
paragraph, including the amount of any premium paid with respect to a
non-village share, may rely upon the good faith opinion of a recognized
firm of investment bankers or valuation experts.
``(ii) Neither Cook Inlet Regional Corporation nor a member of the
board of directors or officers of Cook Inlet Regional Corporation shall
be liable for damages resulting from terms made in an offer made in
connection with any purchase of Settlement Common Stock if the offer
was made--
``(I) in good faith;
``(II) in reliance on a determination made pursuant to clause
(i); and
``(III) otherwise in accordance with this paragraph.
``(K) The consideration given for the purchase of Settlement Common
Stock made pursuant to an offer to purchase that provides for such
consideration may be in the form of cash, securities, or a combination
of cash and securities, as determined by the board of directors of Cook
Inlet Regional Corporation, in a manner consistent with an amendment
made pursuant to subparagraph (B).
``(L) Sale of Settlement Common Stock in accordance with this
paragraph shall not diminish a shareholder's status as an Alaska Native
or descendant of a Native for the purpose of qualifying for those
programs, benefits and services or other rights or privileges set out
for the benefit of Alaska Natives and Native Americans. Proceeds from
the sale of Settlement Common Stock shall not be excluded in
determining eligibility for any needs-based programs that may be
provided by Federal, State or local agencies.''.
(b) Conforming Amendment.--Section 8(c) of such Act (43 U.S.C.
1607(c)) is amended by striking ``(h)'' and inserting ``(h) (other than
paragraph (4))''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Alaska Native Claims Settlement Act to authorize the Cook Inlet Regional Corporation (Cook Inlet Region, Incorporated) to purchase its shareholder-held common stock.
States that neither Cook Inlet Regional Corporation nor a member of the board of directors or officers of Cook Inlet Regional Corporation shall be liable for damages resulting from a good faith stock purchase offer. | To amend the Alaska Native Claims Settlement Act to provide for the purchase of common stock of Cook Inlet Region, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Michelle's Law''.
SEC. 2. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY LEAVE OF
ABSENCE.
(a) Amendments of ERISA.--
(1) In general.--Subpart B of part 7 of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is
amended by adding at the end the following:
``SEC. 714. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY
LEAVE OF ABSENCE.
``(a) Medically Necessary Leave of Absence.--In this section, the
term `medically necessary leave of absence' means, with respect to a
dependent child described in subsection (b)(2) in connection with a
group health plan or health insurance coverage offered in connection
with such plan, a leave of absence of such child from a postsecondary
educational institution (including an institution of higher education
as defined in section 102 of the Higher Education Act of 1965), or any
other change in enrollment of such child at such an institution, that--
``(1) commences while such child is suffering from a serious
illness or injury;
``(2) is medically necessary; and
``(3) causes such child to lose student status for purposes of
coverage under the terms of the plan or coverage.
``(b) Requirement To Continue Coverage.--
``(1) In general.--In the case of a dependent child described
in paragraph (2), a group health plan, or a health insurance issuer
that provides health insurance coverage in connection with a group
health plan, shall not terminate coverage of such child under such
plan or health insurance coverage due to a medically necessary
leave of absence before the date that is the earlier of--
``(A) the date that is 1 year after the first day of the
medically necessary leave of absence; or
``(B) the date on which such coverage would otherwise
terminate under the terms of the plan or health insurance
coverage.
``(2) Dependent child described.--A dependent child described
in this paragraph is, with respect to a group health plan or health
insurance coverage offered in connection with the plan, a
beneficiary under the plan who--
``(A) is a dependent child, under the terms of the plan or
coverage, of a participant or beneficiary under the plan or
coverage; and
``(B) was enrolled in the plan or coverage, on the basis of
being a student at a postsecondary educational institution (as
described in subsection (a)), immediately before the first day
of the medically necessary leave of absence involved.
``(3) Certification by physician.--Paragraph (1) shall apply to
a group health plan or health insurance coverage offered by an
issuer in connection with such plan only if the plan or issuer of
the coverage has received written certification by a treating
physician of the dependent child which states that the child is
suffering from a serious illness or injury and that the leave of
absence (or other change of enrollment) described in subsection (a)
is medically necessary.
``(c) Notice.--A group health plan, and a health insurance issuer
providing health insurance coverage in connection with a group health
plan, shall include, with any notice regarding a requirement for
certification of student status for coverage under the plan or
coverage, a description of the terms of this section for continued
coverage during medically necessary leaves of absence. Such description
shall be in language which is understandable to the typical plan
participant.
``(d) No Change in Benefits.--A dependent child whose benefits are
continued under this section shall be entitled to the same benefits as
if (during the medically necessary leave of absence) the child
continued to be a covered student at the institution of higher
education and was not on a medically necessary leave of absence.
``(e) Continued Application in Case of Changed Coverage.--If--
``(1) a dependent child of a participant or beneficiary is in a
period of coverage under a group health plan or health insurance
coverage offered in connection with such a plan, pursuant to a
medically necessary leave of absence of the child described in
subsection (b);
``(2) the manner in which the participant or beneficiary is
covered under the plan changes, whether through a change in health
insurance coverage or health insurance issuer, a change between
health insurance coverage and self-insured coverage, or otherwise;
and
``(3) the coverage as so changed continues to provide coverage
of beneficiaries as dependent children,
this section shall apply to coverage of the child under the changed
coverage for the remainder of the period of the medically necessary
leave of absence of the dependent child under the plan in the same
manner as it would have applied if the changed coverage had been the
previous coverage.''.
(2) Conforming amendment.--The table of contents in section 1
of such Act is amended by inserting after the item relating to
section 713 the following new item:
``Sec. 714. Coverage of dependent students on medically necessary leave
of absence.''.
(b) Amendments to the Public Health Service Act.--
(1) Group markets.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by
adding at the end the following new section:
``SEC. 2707. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY
LEAVE OF ABSENCE.
``(a) Medically Necessary Leave of Absence.--In this section, the
term `medically necessary leave of absence' means, with respect to a
dependent child described in subsection (b)(2) in connection with a
group health plan or health insurance coverage offered in connection
with such plan, a leave of absence of such child from a postsecondary
educational institution (including an institution of higher education
as defined in section 102 of the Higher Education Act of 1965), or any
other change in enrollment of such child at such an institution, that--
``(1) commences while such child is suffering from a serious
illness or injury;
``(2) is medically necessary; and
``(3) causes such child to lose student status for purposes of
coverage under the terms of the plan or coverage.
``(b) Requirement To Continue Coverage.--
``(1) In general.--In the case of a dependent child described
in paragraph (2), a group health plan, or a health insurance issuer
that provides health insurance coverage in connection with a group
health plan, shall not terminate coverage of such child under such
plan or health insurance coverage due to a medically necessary
leave of absence before the date that is the earlier of--
``(A) the date that is 1 year after the first day of the
medically necessary leave of absence; or
``(B) the date on which such coverage would otherwise
terminate under the terms of the plan or health insurance
coverage.
``(2) Dependent child described.--A dependent child described
in this paragraph is, with respect to a group health plan or health
insurance coverage offered in connection with the plan, a
beneficiary under the plan who--
``(A) is a dependent child, under the terms of the plan or
coverage, of a participant or beneficiary under the plan or
coverage; and
``(B) was enrolled in the plan or coverage, on the basis of
being a student at a postsecondary educational institution (as
described in subsection (a)), immediately before the first day
of the medically necessary leave of absence involved.
``(3) Certification by physician.--Paragraph (1) shall apply to
a group health plan or health insurance coverage offered by an
issuer in connection with such plan only if the plan or issuer of
the coverage has received written certification by a treating
physician of the dependent child which states that the child is
suffering from a serious illness or injury and that the leave of
absence (or other change of enrollment) described in subsection (a)
is medically necessary.
``(c) Notice.--A group health plan, and a health insurance issuer
providing health insurance coverage in connection with a group health
plan, shall include, with any notice regarding a requirement for
certification of student status for coverage under the plan or
coverage, a description of the terms of this section for continued
coverage during medically necessary leaves of absence. Such description
shall be in language which is understandable to the typical plan
participant.
``(d) No Change in Benefits.--A dependent child whose benefits are
continued under this section shall be entitled to the same benefits as
if (during the medically necessary leave of absence) the child
continued to be a covered student at the institution of higher
education and was not on a medically necessary leave of absence.
``(e) Continued Application in Case of Changed Coverage.--If--
``(1) a dependent child of a participant or beneficiary is in a
period of coverage under a group health plan or health insurance
coverage offered in connection with such a plan, pursuant to a
medically necessary leave of absence of the child described in
subsection (b);
``(2) the manner in which the participant or beneficiary is
covered under the plan changes, whether through a change in health
insurance coverage or health insurance issuer, a change between
health insurance coverage and self-insured coverage, or otherwise;
and
``(3) the coverage as so changed continues to provide coverage
of beneficiaries as dependent children,
this section shall apply to coverage of the child under the changed
coverage for the remainder of the period of the medically necessary
leave of absence of the dependent child under the plan in the same
manner as it would have applied if the changed coverage had been the
previous coverage.''.
(2) Individual market.--Subpart 3 of part B of title XXVII of
such Act (42 U.S.C. 300gg-51 et seq.) is amended by adding at the
end the following new section:
``SEC. 2753. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY
LEAVE OF ABSENCE.
``The provisions of section 2707 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
(c) Amendments to the Internal Revenue Code.--
(1) In general.--Subchapter B of chapter 100 of the Internal
Revenue Code of 1986 (relating to other group health plan
requirements) is amended by inserting after section 9812 the
following new section:
``SEC. 9813. COVERAGE OF DEPENDENT STUDENTS ON MEDICALLY NECESSARY
LEAVE OF ABSENCE.
``(a) Medically Necessary Leave of Absence.--In this section, the
term `medically necessary leave of absence' means, with respect to a
dependent child described in subsection (b)(2) in connection with a
group health plan, a leave of absence of such child from a
postsecondary educational institution (including an institution of
higher education as defined in section 102 of the Higher Education Act
of 1965), or any other change in enrollment of such child at such an
institution, that--
``(1) commences while such child is suffering from a serious
illness or injury;
``(2) is medically necessary; and
``(3) causes such child to lose student status for purposes of
coverage under the terms of the plan or coverage.
``(b) Requirement to Continue Coverage.--
``(1) In general.--In the case of a dependent child described
in paragraph (2), a group health plan shall not terminate coverage
of such child under such plan due to a medically necessary leave of
absence before the date that is the earlier of--
``(A) the date that is 1 year after the first day of the
medically necessary leave of absence; or
``(B) the date on which such coverage would otherwise
terminate under the terms of the plan.
``(2) Dependent child described.--A dependent child described
in this paragraph is, with respect to a group health plan, a
beneficiary under the plan who--
``(A) is a dependent child, under the terms of the plan, of
a participant or beneficiary under the plan; and
``(B) was enrolled in the plan, on the basis of being a
student at a postsecondary educational institution (as
described in subsection (a)), immediately before the first day
of the medically necessary leave of absence involved.
``(3) Certification by physician.--Paragraph (1) shall apply to
a group health plan only if the plan, or the issuer of health
insurance coverage offered in connection with the plan, has
received written certification by a treating physician of the
dependent child which states that the child is suffering from a
serious illness or injury and that the leave of absence (or other
change of enrollment) described in subsection (a) is medically
necessary.
``(c) Notice.--A group health plan shall include, with any notice
regarding a requirement for certification of student status for
coverage under the plan, a description of the terms of this section for
continued coverage during medically necessary leaves of absence. Such
description shall be in language which is understandable to the typical
plan participant.
``(d) No Change in Benefits.--A dependent child whose benefits are
continued under this section shall be entitled to the same benefits as
if (during the medically necessary leave of absence) the child
continued to be a covered student at the institution of higher
education and was not on a medically necessary leave of absence.
``(e) Continued Application in Case of Changed Coverage.--If--
``(1) a dependent child of a participant or beneficiary is in a
period of coverage under a group health plan, pursuant to a
medically necessary leave of absence of the child described in
subsection (b);
``(2) the manner in which the participant or beneficiary is
covered under the plan changes, whether through a change in health
insurance coverage or health insurance issuer, a change between
health insurance coverage and self-insured coverage, or otherwise;
and
``(3) the coverage as so changed continues to provide coverage
of beneficiaries as dependent children,
this section shall apply to coverage of the child under the changed
coverage for the remainder of the period of the medically necessary
leave of absence of the dependent child under the plan in the same
manner as it would have applied if the changed coverage had been the
previous coverage.''.
(2) Conforming amendment.--The table of sections for subchapter
B of chapter 100 of such Code is amended by inserting after the
item relating to section 9812 the following new item:
``Sec. 9813. Coverage of dependent students on medically necessary leave
of absence.''.
(d) Effective Date.--The amendments made by this Act shall apply
with respect to plan years beginning on or after the date that is one
year after the date of the enactment of this Act and to medically
necessary leaves of absence beginning during such plan years.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Michelle's Law - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan from terminating coverage of a dependent child due to a medically necessary leave of absence from, or any other change in enrollment at, a postsecondary education institution that commences while such child is suffering from a serious illness or injury and that causes such child to lose student status for purposes of coverage under the plan, before the earlier of: (1) one year after the first day of the medically necessary leave of absence; or (2) the date on which such coverage would otherwise terminate under the terms of the plan. Requires written certification by the child's treating physician. Directs group health plans to include notice of the terms of this Act with any notice regarding a requirement for certification of student status for coverage under the plan.
Provides that coverage under this Act continues in the manner in which the participant or beneficiary is covered under the plan changes so long as the change of coverage continues to provide coverage of beneficiaries as dependent children.
Applies such requirement to coverage offered in the individual market. | To amend the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to ensure that dependent students who take a medically necessary leave of absence do not lose health insurance coverage, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America Works Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Recent data show that United States manufacturing
companies cannot fill as many as 600,000 skilled positions,
even as unemployment numbers hover at historically high levels.
(2) The unfilled positions are mainly in the skilled
production category, and in occupations such as machinist,
operator, craft worker, distributor, or technician.
(3) In less than 20 years, an overall loss of expertise and
management skill is expected to result from the gradual
departure from the workplace of 77,200,000 workers.
(4) Postsecondary success and workforce readiness can be
achieved through attainment of a recognized postsecondary
credential.
(5) The Bureau of Labor Statistics Occupational Outlook
estimates that 746,500 new jobs in computer-related occupations
will be generated from 2010 to 2020. This would equate to a 23
percent net growth in computer-related occupations.
(6) Computer-related occupations with the highest projected
growth rates include database administrators, software
developers, and network and computer systems administrators.
(7) As of June 2012, there were approximately 301,214 job
openings in the information technology sector.
(8) According to a recent report, 64 percent of managers
hiring for information technology jobs rate certifications as
having extremely high or high value in validating information
technology skills and expertise, and that value is rated
highest by senior managers, such as chief information officers,
and by medium-size firms.
SEC. 3. INDUSTRY-RECOGNIZED AND NATIONALLY PORTABLE CREDENTIALS FOR JOB
TRAINING PROGRAMS.
(a) Workforce Investment Act of 1998.--
(1) Youth activities.--Section 129(c)(1)(C) of the
Workforce Investment Act of 1998 (29 U.S.C. 2854(c)(1)(C)) is
amended--
(A) by redesignating clauses (ii) through (iv) as
clauses (iii) through (v), respectively; and
(B) inserting after clause (i) the following:
``(ii) training (which may include priority
consideration for training programs that lead
to recognized postsecondary credentials (as
defined in section 4 of the America Works Act)
that are aligned with in-demand occupations or
industries in the local area involved, if the
local board determines that the programs meet
the quality criteria described in section
123);''.
(2) General employment and training activities.--Section
134(d)(4)(F) of the Workforce Investment Act of 1998 (29 U.S.C.
2864(d)(4)(F)) is amended by adding at the end the following:
``(iv) Programs that lead to an industry-
recognized and nationally portable
credential.--In assisting individuals in
selecting programs of training services under
this section, a one-stop operator and employees
of a one-stop center referred to in subsection
(c) may give priority consideration to programs
(approved in conjunction with eligibility
decisions made under section 122) that lead to
recognized postsecondary credentials (as
defined in section 4 of the America Works Act)
that are aligned with in-demand occupations or
industries in the local area involved.''.
(3) Criteria.--
(A) General employment and training activities.--
Section 122(b)(2)(D) of the Workforce Investment Act of
1998 (29 U.S.C. 2842(b)(2)(D)) is amended--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) in clause (iii), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) in the case of a provider of a
program of training services that leads to a
recognized postsecondary credential (as defined
in section 4 of the America Works Act), that
the program leading to the credential meets
such quality criteria as the Governor shall
establish.''.
(B) Youth activities.--Section 123 of the Workforce
Investment Act of 1998 (29 U.S.C. 2843) by inserting
``(including such quality criteria as the Governor
shall establish for a training program that leads to a
recognized postsecondary credential (as defined in
section 4 of the America Works Act))'' after ``plan''.
(b) Career and Technical Education.--
(1) State plan.--Section 122(c)(1)(B) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2342(c)(1)(B)) is amended--
(A) by striking ``(B) how'' and inserting ``(B)(i)
how'';
(B) by inserting ``and'' after the semicolon; and
(C) by adding at the end the following
``(ii) in the case of an eligible entity that, in
developing and implementing programs of study leading
to recognized postsecondary credentials, desires to
give a priority to such programs that are aligned with
in-demand occupations or industries in the area served
(as determined by the eligible agency) and that may
provide a basis for additional credentials,
certificates, or degree, how the entity will do so;''.
(2) Use of local funds.--Section 134(b) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2354(b)) is amended--
(A) in paragraph (11), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (12)(B), by striking the period
and inserting ``; and''; and
(C) by adding at the end the following:
``(13) describe the career and technical education
activities supporting the attainment of recognized
postsecondary credentials (as defined in section 4 of the
America Works Act), and, in the case of an eligible recipient
that desires to provide priority consideration to certain
programs of study in accordance with the State plan under
section 122(c)(1)(B), how the eligible recipient will give
priority consideration to such activities.''.
(3) Tech-prep programs.--Section 203(c)(2)(E) of the Carl
D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2373(c)(2)(E)) is amended by striking ``industry-
recognized credential, a certificate,'' and inserting
``recognized postsecondary credential (as defined in section 4
of the America Works Act and approved by the eligible
agency),''.
(c) Training Programs Under TAA.--Section 236(a) of the Trade Act
of 1974 (19 U.S.C. 2296(a)) is amended by adding at the end the
following:
``(12) In approving training programs for adversely affected
workers and adversely affected incumbent workers under paragraph (1),
the Secretary may give priority consideration to workers seeking
training through programs that are approved in conjunction with
eligibility decisions made under section 122 of the Workforce
Investment Act of 1998 (29 U.S.C. 2842), and that lead to recognized
postsecondary credentials (as defined in section 4 of the America Works
Act) that are aligned with in-demand occupations or industries in the
local area (defined for purposes of title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.)) involved.''.
SEC. 4. DEFINITIONS.
In this Act:
(1) Industry-recognized.--The term ``industry-recognized'',
used with respect to a credential, means a credential that--
(A) is sought or accepted by employers within the
industry sector involved as recognized, preferred, or
required for recruitment, screening, hiring, or
advancement;
(B) is endorsed by a recognized trade or
professional association or organization, representing
a significant part of the industry sector; and
(C) is a nationally portable credential, meaning a
credential that is sought or accepted, across multiple
States, as described in subparagraph (A).
(2) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' means a credential
consisting of an industry-recognized credential for
postsecondary training, a certificate that meets the
requirements of subparagraphs (A) and (C) of paragraph (1) for
postsecondary training, a certificate of completion of a
postsecondary apprenticeship through a program described in
section 122(a)(2)(B) of the Workforce Investment Act of 1998
(29 U.S.C. 2842(a)(2)(B)), or an associate degree or
baccalaureate degree awarded by an institution of higher
education (as defined in section 102(a) of the Higher Education
Act of 1965 (20 U.S.C. 1002(a))).
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to require an entity with
responsibility for selecting or approving an education, training, or
workforce investment activities program with regard to a covered
provision, to select a program with a recognized postsecondary
credential or certificate as defined by this Act.
SEC. 6. EFFECTIVE DATE.
This Act, and the amendments made by this Act, take effect 120 days
after the date of enactment of this Act. | America Works Act - Amends the Workforce Investment Act of 1998 to require state or local workforce investment systems to use youth activities funds for programs that provide training, which may include priority consideration for training programs that lead to recognized postsecondary credentials aligned with in-demand occupations or industries in the local area involved. Authorizes the operator and employees of a one-stop center, in assisting individuals in selecting programs of training services, to give priority consideration to such programs. Revises eligibility requirements for providers of training services and providers of youth activities for such programs. Requires programs of training services and youth activities programs that lead to a recognized postsecondary credential to meet quality criteria established by the state governor. Amends the Carl D. Perkins Career and Technical Education Act of 2006 and the Trade Act of 1974 to require the same priority consideration in the state and local plans for career and technical education programs as well as in tech prep programs and trade adjustment assistance (TAA) programs. | America Works Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Lighthouse Center and
Museum Act''.
SEC. 2. NATIONAL LIGHTHOUSE CENTER AND MUSEUM.
Part B of subtitle II of title 36, United States Code, is amended
by inserting after chapter 1519 the following new chapter:
``CHAPTER 1520--NATIONAL LIGHTHOUSE CENTER AND MUSEUM
``Sec.
``152001. Organization.
``152002. Purposes.
``152003. Operation of museum.
``152004. Membership.
``152005. Governing body.
``152006. Powers.
``152007. Restrictions.
``152008. Duty to maintain corporate and tax-exempt status.
``152009. Records and inspection.
``152010. Service of process.
``152011. Liability for acts of officers and agents.
``152012. Annual report.
``152013. Definitions.
``Sec. 152001. Organization
``(a) Federal Charter.--The National Lighthouse Center and Museum,
incorporated in New York, is a federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter
expires.
``Sec. 152002. Purposes
``The purposes of the corporation are as provided in its
constitution and bylaws and include the following purposes:
``(1) To collect, preserve, and interpret objects related
to the history and technology of lighthouses located, in the
past or present, at sites throughout the United States.
``(2) To research, document, and disseminate information on
the history and technology of American lighthouses.
``(3) To create and maintain an archive of artifacts and
materials related to American lighthouses.
``(4) To foster research of American lighthouse history.
``(5) To serve as a contact point for public inquiry and
assistance with respect to American lighthouse history,
research, education, collections, and programs.
``(6) To celebrate America's lighthouse heritage through
educational programs, publications, films, festivals, living
history, lighthouse trails, conferences, and other such
offerings.
``(7) To support other existing and future lighthouse
museums, organizations, and sites.
``(8) To establish partnerships with other organizations to
attain the above goals.
``(9) To engage in any lawful act or activity necessary to
further the purposes of the corporation under this section.
``Sec. 152003. Operation of museum
``(a) In General.--The corporation shall operate a museum to be
known as the National Lighthouse Center and Museum at the site of the
former United States Lighthouse Depot located at what is now known as
St. George, Staten Island, New York.
``(b) Storage Facility.--The corporation shall operate a storage
facility located at or near the site described in subsection (a) for
the care, conservation, and maintenance of artifacts in the collection
of the corporation.
``(c) Support to Other Museums.--The corporation shall provide
support to other museums that interpret the history of aids to
navigation in the United States.
``(d) Designation of Collection.--The collection of artifacts of
the National Lighthouse Center and Museum shall be known as the
National Lighthouse Collection.
``(e) Exclusive Right.--The corporation shall have the sole and
exclusive right to use, in carrying out its purposes, the name
`National Lighthouse Center and Museum' and the sole and exclusive
right to the use of its corporate seal, emblems, and badges as adopted
by the corporation.
``Sec. 152004. Membership
``Eligibility for membership in the corporation and the rights and
privileges of members are as provided in the constitution and bylaws of
the corporation.
``Sec. 152005. Governing body
``(a) Board of Trustees.--The board of trustees of the corporation
and the responsibilities of the board are as provided in the
constitution and bylaws of the corporation.
``(b) Officers.--The officers and the election of officers of the
corporation are as provided in the bylaws of the corporation.
``Sec. 152006. Powers
``The corporation has only the powers provided in its constitution,
bylaws, and charter as granted by the Board of Regents of the State of
New York and in the certificate of authority in any other State in
which the corporation is, or shall be, qualified to do business.
``Sec. 152007. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Political Activities.--The corporation or a trustee or
officer, acting as such trustee or officer, may not contribute to,
support, or participate in any political activity or in any manner
attempt to influence legislation.
``(c) Distribution of Income or Assets.--The income or assets of
the corporation may not inure to the benefit of, or be distributed to,
a trustee, officer, or member during the life of the charter granted by
this chapter. This subsection does not prevent the payment of
reasonable compensation to an officer or reimbursement for actual
necessary expenses in amounts approved by the board of trustees.
``(d) Loans.--The corporation may not make a loan to a trustee,
officer, or employee.
``(e) Claim of Governmental Approval or Authorization.--The
corporation may not claim congressional approval or the authority of
the United States Government for any of its activities.
``Sec. 152008. Duty to maintain corporate and tax-exempt status
``(a) Corporate Status.--The corporation shall maintain its
corporate status as a corporation incorporated under the laws of the
State of New York.
``(b) Tax-Exempt Status.--The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
``Sec. 152009. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
trustees, and committees; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote, if any.
``(b) Inspection.--Any officer or trustee, or any member entitled
to vote (if any), or an agent or attorney of such officer, trustee, or
member, may inspect the records of the corporation for any proper
purpose at any reasonable time.
``Sec. 152010. Service of process
``The corporation shall comply with the law on service of process
of the State of New York and in each State in which it carries on
activities.
``Sec. 152011. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 152012. Annual report
``The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.
``Sec. 152013. Definitions
``For purposes of this chapter--
(1) the term `corporation' means the National Lighthouse
Center and Museum, Inc., incorporated in New York; and
(2) the term `State' includes the District of Columbia and
the territories and possessions of the United States.''.
SEC. 3. CLERICAL AMENDMENT.
The table of chapters at the beginning of subtitle II of title 36,
United States Code, is amended by inserting after the item relating to
chapter 1519 the following new item:
``1520. NATIONAL LIGHTHOUSE CENTER AND MUSEUM............... 152001''. | National Lighthouse Center and Museum Act - Grants a Federal charter to the National Lighthouse Center and Museum, incorporated in New York. | To amend title 36, United States Code, to grant a Federal charter to the National Lighthouse Center and Museum. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sickle Cell
Disease Research, Surveillance, Prevention, and Treatment Act of
2014''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sickle cell disease research.
Sec. 3. Sickle cell disease surveillance.
Sec. 4. Sickle cell disease prevention and treatment.
Sec. 5. Collaboration with community-based entities.
Sec. 6. Authorization of appropriations.
SEC. 2. SICKLE CELL DISEASE RESEARCH.
Part P of title III of the Public Health Service Act is amended by
inserting after section 399V-5 (42 U.S.C. 280g-16) the following:
``SEC. 399V-6. NATIONAL SICKLE CELL DISEASE RESEARCH, SURVEILLANCE,
PREVENTION, AND TREATMENT PROGRAM.
``(a) Research.--The Secretary may conduct or support research to
expand the understanding of the cause of, and to find a cure for,
sickle cell disease.''.
SEC. 3. SICKLE CELL DISEASE SURVEILLANCE.
Section 399V-6 of the Public Health Service Act, as added by
section 2, is amended by adding at the end the following:
``(b) Surveillance.--
``(1) Grants.--The Secretary shall, for each fiscal year
for which appropriations are available to carry out this
subsection, make grants to not more than 20 States--
``(A) to conduct surveillance and maintain data on
the prevalence and distribution of sickle cell disease
and its associated health outcomes, complications, and
treatments;
``(B) to conduct public health initiatives with
respect to sickle cell disease, including--
``(i) increasing efforts to improve access
to, and receipt of, high-quality sickle cell
disease-related health care, including the use
of proven treatments such as Hydroxyurea;
``(ii) working with partners to improve
health outcomes of people with sickle cell
disease over the lifespan by promoting
guidelines for sickle cell disease screening,
prevention, and treatment, including management
of sickle cell disease complications;
``(iii) providing support to community-
based organizations and State and local health
departments in conducting sickle cell disease
education and training activities for patients,
communities, and health care providers; and
``(iv) supporting and training State health
departments and regional laboratories in
comprehensive testing to identify specific
forms of sickle cell disease in people of all
ages; and
``(C) to identify and evaluate promising strategies
for prevention and treatment of sickle cell disease
complications, including through--
``(i) improving estimates of the national
incidence and prevalence of sickle cell
disease, including estimates about the specific
types of sickle cell disease;
``(ii) identifying health disparities
related to sickle cell disease;
``(iii) assessing the utilization of
therapies and strategies to prevent
complications related to sickle cell disease;
and
``(iv) evaluating the impact of genetic,
environmental, behavioral, and other risk
factors that may affect sickle cell disease
health outcomes.
``(2) Population included.--The Secretary shall, to the
extent practicable, award grants under this subsection to
States across the United States so as to include data on the
majority of the United States population with sickle cell
disease.
``(3) Application.--To seek a grant under this subsection,
a State shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
``(4) Definitions.--In this subsection:
``(A) The term `Secretary' means the Secretary of
Health and Human Services, acting through the Director
of the National Center on Birth Defects and
Developmental Disabilities.
``(B) The term `State' includes the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, the Commonwealth of
the Northern Mariana Islands, American Samoa, Guam, the
Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau.''.
SEC. 4. SICKLE CELL DISEASE PREVENTION AND TREATMENT.
(a) Reauthorization.--Section 712(c) of the American Jobs Creation
Act of 2004 (Public Law 108-357; 42 U.S.C. 300b-1 note) is amended--
(1) by striking ``Sickle Cell Disease'' each place it
appears and inserting ``sickle cell disease'';
(2) in paragraph (1)(A), by striking ``grants to up to 40
eligible entities for each fiscal year in which the program is
conducted under this section for the purpose of developing and
establishing systemic mechanisms to improve the prevention and
treatment of Sickle Cell Disease'' and inserting ``grants to up
to 25 eligible entities for each fiscal year in which the
program is conducted under this section for the purpose of
developing and establishing systemic mechanisms to improve the
prevention and treatment of sickle cell disease in populations
with a high density of sickle cell disease patients'';
(3) in paragraph (1)(B)--
(A) by striking clause (ii) (relating to priority);
and
(B) by striking ``Grant award requirements'' and
all that follows through ``The Administrator shall''
and inserting ``Geographic diversity.--The
Administrator shall'';
(4) in paragraph (2), by adding the following new
subparagraph at the end:
``(E) To expand, coordinate, and implement
transition services for adolescents with sickle cell
disease making the transition to adult health care.'';
and
(5) by striking paragraph (6).
(b) Technical Changes.--
(1) Subsection (c) of section 712 of the American Jobs
Creation Act of 2004 (Public Law 108-357; 42 U.S.C. 300b-1
note) is--
(A) transferred to the Public Health Service Act
(42 U.S.C. 201 et seq.); and
(B) inserted at the end of section 399V-6 of such
Act, as added and amended by sections 2 and 3 of this
Act.
(2) The table of contents in section 1(c) of the American
Jobs Creation Act of 2004 (Public Law 108-357) is amended by
striking the item relating to section 712.
SEC. 5. COLLABORATION WITH COMMUNITY-BASED ENTITIES.
Section 399V-6 of the Public Health Service Act, as amended by
section 3, is further amended by adding at the end the following:
``(c) Collaboration With Community-Based Entities.--To be eligible
to receive a grant or other assistance under subsection (a), (b), or
(c), an entity must have in effect a collaborative agreement with a
community-based organization with 5 or more years of experience in
providing services to sickle cell disease patients.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 399V-6 of the Public Health Service Act, as amended by
section 5, is further amended by adding at the end the following:
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $20,000,000 for each of fiscal
years 2015 through 2020.''. | Sickle Cell Disease Research, Surveillance, Prevention, and Treatment Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to make grants to states to: (1) collect data on the prevalence and distribution of sickle cell disease, (2) conduct sickle cell disease public health initiatives to improve access to care and health outcomes, and (3) identify and evaluate strategies for prevention and treatment of sickle cell disease complications. Revises and moves the sickle cell disease demonstration program from the American Jobs Creation Act of 2004 to the Public Health Service Act. | Sickle Cell Disease Research, Surveillance, Prevention, and Treatment Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane and Flood Protection Tax
Credit Act''.
SEC. 2. CREDIT FOR EXPENSES INCURRED IN HURRICANE OR FLOOD PROTECTION
PROJECTS.
(a) In General.--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 section:
``SEC. 30D. CREDIT FOR EXPENSES INCURRED IN HURRICANE OR FLOOD
PROTECTION PROJECTS.
``(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 30 percent of the qualified expenditures of the taxpayer for
the taxable year.
``(b) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for the taxable year shall not exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under subpart A and
sections 27 and 30A for the taxable year.
``(c) Qualified Expenditures.--For purposes of this section--
``(1) In general.--The term `qualified expenditures' means
amounts paid or incurred by the taxpayer for an unfunded
authorized project, but only to the extent--
``(A) such amounts are paid or incurred after a
request by the taxpayer to expend such amounts has been
approved by the Federal agency administering the
unfunded authorized project or after a 90-day period
following such request (plus an additional 30-day
period if requested by such agency within the 90-day
period) during which no decision regarding such request
is made by such agency, and
``(B) such amounts are applied proportionally to
the Federal and non-Federal share of the total amount
authorized to be appropriated for such project.
``(2) Unfunded authorized project.--The term `unfunded
authorized project' means any project--
``(A) authorized by Federal law to provide
hurricane or flood protection in the United States, and
``(B) with respect to which no or only partial
Federal funding has been appropriated prior to the
request described in paragraph (1)(A).
``(d) Carryovers Allowed.--
``(1) In general.--If the credit amount allowable under
subsection (a) for a taxable year exceeds the amount of the
limitation under subsection (b) for such taxable year (referred
to as the `unused credit year' in this paragraph), such excess
shall be allowed as a credit carryforward for each of the
taxable years following the unused credit year or as a credit
carryback for each of the taxable years preceding the unused
credit year.
``(2) Rules.--For purposes of paragraph (1), rules similar
to the rules of section 39 shall apply, except that--
``(A) subsection (a)(1) shall be applied--
``(i) by substituting `3 taxable years' for
`1 taxable years' in subparagraph (A) thereof,
and
``(ii) by substituting `5 taxable years'
for `20 taxable years' in subparagraph (B)
thereof, and
``(B) subsection (a)(2) shall be applied--
``(i) by substituting `8 taxable years' for
`21 taxable years' in subparagraph (A) thereof,
and
``(ii) by substituting `7 taxable years'
for `20 taxable years' in subparagraph (B).
``(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 (b)).
``(2) No double benefit.--The amount of any deduction or
credit allowable under this chapter (other than the credit
allowable under subsection (a)), shall be reduced by the amount
of credit allowed under subsection (a) (determined without
regard to subsection (b)) for the taxable year.
``(3) Reduction for assistance.--The amount taken into
account under subsection (a) with respect to any project shall
be reduced by the amount of any Federal, State, or local grant
or other assistance received by the taxpayer during such
taxable year or any prior taxable year which was used to make
qualified expenditures and which was not included in the gross
income of such taxpayer.''.
(b) Basis Adjustment.--Section 1016(a) 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 30D(e)(1).''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 30A the following new
item:
``Sec. 3DB. Credit for expenses incurred in hurricane or flood
protection projects.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005. | Hurricane and Flood Protection Tax Credit Act - Amends the Internal Revenue Code to allow a tax credit for 30% of expenditures for a hurricane or flood protection project which is authorized but unfunded (or partially funded) under federal law. | A bill to amend the Internal Revenue Code of 1986 to provide a credit against the income tax for expenses incurred in any hurricane or flood protection project. |
That section 404 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101-
624; 7 U.S.C. 1444f(q)) is amended by adding at the end thereof the
following new paragraph:
``(3) Reduced quality of high moisture recourse loan.--(A)
Notwithstanding any other provision of law, effective for the
1992 through 1995 crops of feed grains, the Secretary shall
make available recourse loans to producers on a farm who do not
normally harvest their crop of feed grains in a high moisture
state (or on that portion of the crop which is not normally
harvested in a high moisture state). Such recourse loans shall
be made available whenever the crop (or the portion of the crop
not normally harvested in a high moisture state) is harvested
with a moisture content in excess of Commodity Credit
Corporation standards for loans made under paragraphs (1) and
(6) of subsection (a) of this section, or whenever the crop has
a test weight below the minimum weight required for Commodity
Credit Corporation nonrecourse loans made under such
paragraphs.
``(B) Recourse loans under this paragraph shall be made to
producers on a farm who--
``(i) present certified scale tickets from an
inspected, certified commercial scale, including
licensed warehouses, feedlots, feed mills,
distilleries, or other similar entities approved by the
Secretary; or
``(ii) present field or other physical measurements
of the standing or stored feed grain crop in regions of
the country that do not have certified commercial
scales from which certified scale tickets may be
obtained within reasonable proximity of harvest
operation; and
``(iii) certify that the quantity of feed grain to
be placed under loan was in fact harvested on the farm;
and
``(iv) participate in an acreage limitation program
for the crop of feed grains established by the
Secretary.
``(C) A producer shall not be eligible for a loan under
this paragraph unless any prior loans made under the authority
of this paragraph have been fully repaid.
``(D) Loans made under this paragraph shall bear interest
at a rate determined by the Secretary, but in no event shall
the rate exceed the rate of interest charged for loans made
under paragraphs (1) and (6) of subsection (a) of this section.
``(E) Loans under this paragraph shall be made in an amount
as determined by the Secretary equal to at least eighty
percent, but not greater than ninety percent, of the lowest
county adjusted nondiscounted loan rate for the appropriate
crop year for loans made to producers of feed grains meeting
the Commodity Credit Corporation standards for nonrecourse
loans under paragraphs (1) and (6) of subsection (a) of this
section.
``(F) Loans made under this paragraph shall be repaid in
three equal annual installments, with the first such
installment being due and payable 365 days following the
advance of the loan funds to the producer and consisting of
one-third of the principal amount of the outstanding loan and
100 percent of the accrued interest thereon. The second
installment shall consist of one-half of the principal amount
of the outstanding loan balance and 100 percent of the accrued
interest thereon, and the third installment shall consist of
the remaining principal of the loan and 100 percent of the
accrued interest thereon. In the event any installment is not
made within 60 days following the date upon which it becomes
due and payable, the Secretary shall have the right without
further notice to offset the entire balance of the amount owed
on the loan, including interest thereon, against any other
payments the producer may be entitled to receive under one or
more of the annual programs established under the Agricultural
Act of 1949 (7 U.S.C. 1421 et seq.) for wheat, feed grains,
upland cotton, rice, and oilseeds.
``(G) The Secretary may permit a producer who has obtained
a loan under this paragraph to repay a part or all of any
annual installment required under subparagraph (F) by tendering
to the Commodity Credit Corporation a quantity of feed grain
which is of acceptable quality to meet the standards for a
nonrecourse loan under paragraphs (1) and (6) of subsection (a)
of this section. Such tender shall be made by the producer at
any facility approved for storage of commodities owned by the
Corporation which facility is situated in the same county (or a
county adjacent to the county) in which the producer's farm is
located, and the producer's loan installment payment shall be
credited with an amount equal to the per bushel county adjusted
loan rate for the grade and quality of grain tendered times the
total number of bushels tendered in payment by the producer as
approved by the Secretary. | Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to provide recourse loans for the 1992 through 1995 crops of high moisture feed grains. | To provide assistance to certain producers of high-moisture feed grains through a recourse loan program; establishing a period to allow for the orderly repayment of such loans; and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Non-Discrimination of Israel in
Labeling Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Prior to the issuance of Trade Directive (T.D.) 95-25
and T.D. 97-16, the Customs Service had taken the position
that, in order for the country of origin marking of a good
which was produced in the West Bank or Gaza Strip to be
considered acceptable, the word ``Israel'' must appear in the
marking designation.
(2) The Department of State advised the Department of
Treasury that, in view of certain developments, principally the
Israeli-PLO Declaration of Principles on Interim Self-
Government Arrangements (signed on September 13, 1993), also
known as the Oslo Accords, the primary purpose of section 304
of the Tariff Act of 1930 (19 U.S.C. 1304) would be best served
if goods produced in the West Bank and Gaza Strip under the
Palestinian interim self-government were permitted to be marked
``West Bank'' or ``Gaza Strip''.
(3) The Oslo Accords created a new self-rule entity, an
interim self-governing Palestinian council, granting it the
authority to independently conduct its affairs, including
financial matters such as import and export.
(4) On March 17, 1995, President Clinton signed
Presidential Proclamation 6788 designating the West Bank and
Gaza Strip as a beneficiary of the generalized system of
preferences program.
(5) The United States Customs Border Protection Cargo
Systems Messaging Service guidance dated March 28, 1995,
stated: ``The extension of the generalized system of
preferences program to the West Bank and Gaza Strip pursuant to
this Presidential Proclamation applies only to goods produced
in the areas for which arrangements are being established for
Palestinian interim self-government, as set forth in Articles
I, III, and IV of the Declaration of Principles on Interim
Self-Government arrangements.''.
(6) The March 28, 1995, guidance further articulated
Articles IV and V of the Declaration of Principles on Interim
Self-Government arrangements, stating: ``It is understood that:
Jurisdiction of the Council will cover West Bank and Gaza Strip
territory, except for issues that will be negotiated in the
permanent status negotiations: Jerusalem, settlements, military
location, and Israelis.''.
(7) It is the longstanding policy of the United States to
oppose any effort to delegitimize Israel.
(8) The first free trade agreement by the United States was
between the United States and Israel, effective September 1,
1985.
(9) The United States-Israel Strategic Partnership is a
vital asset to United States national, economic, and security
interests and any boycott, or sanctions effort, or policy that
serves to delegitimize or discriminate against Israel will
ultimately harm United States economic interests.
SEC. 3. ADDITIONAL MARKINGS OF IMPORTED ARTICLES AND CONTAINERS FROM
THE WEST BANK AND GAZA STRIP.
(a) Articles of West Bank.--For purposes of section 304 of the
Tariff Act of 1930 (19 U.S.C. 1304), every article of origin of the
geographical area known as the West Bank (or the container of any such
article) imported into the United States shall be marked in accordance
with the requirements of such section, which--
(1) in the case of an article of an area not administered
by Israel in the West Bank, shall include the words ``West
Bank''; and
(2) in the case of an article of an area administered by
Israel in the West Bank, shall include the words ``Israel'',
``Made in Israel'', or ``Product of Israel''.
(b) Articles of Gaza Strip.--For purposes of section 304 of the
Tariff Act of 1930 (19 U.S.C. 1304), every article of origin of the
geographical area known as the Gaza Strip (or the container of any such
article) imported into the United States shall be marked in accordance
with the requirements of such section, and shall include the words
``Gaza'' or ``Gaza Strip''.
(c) Additional Requirement.--The Secretary of the Treasury or any
other competent Federal official (or the official's designee) may not
prohibit the use of any of the markings specified in subsections (a)
and (b) for purposes of satisfying the applicable requirements under
section 304 of the Tariff Act of 1930 with respect to articles of the
West Bank or the Gaza Strip.
(d) Effective Date.--This section shall take effect on the date of
the enactment of this Act and shall apply with respect to articles
imported into the United States on or after such date of enactment. | Non-Discrimination of Israel in Labeling Act This bill requires that, for purposes of marking imported articles and containers under the Tariff Act of 1930, every article of origin from the geographical area known as the West Bank (or its container) imported into the United States shall include the words: "West Bank" in the case of an article of an area in the West Bank not administered by Israel; and "Israel," "Made in Israel," or "Product of Israel" in the case of an article of an area in the West Bank administered by Israel. Every article of origin from the geographical area known as the Gaza Strip (or its container) imported into the United States shall include the words "Gaza" or "Gaza Strip." Neither the Department of the Treasury nor any other federal department or agency may prohibit the use of any of such markings for purposes of satisfying the Tariff Act of 1930. | Non-Discrimination of Israel in Labeling Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``401(k) Protection Act of 1996''.
SEC. 2. QUALIFIED EMPLOYER PLANS PROHIBITED FROM MAKING LOANS THROUGH
CREDIT CARDS AND OTHER INTERMEDIARIES.
(a) In General.--Subsection (a) of section 401 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(35) Prohibition of loans through credit cards and other
intermediaries.--A trust shall not constitute a qualified trust
under this section if the plan makes any loan to any
beneficiary under the plan through the use of any credit card
or any other intermediary.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to plan years beginning after the date of the enactment of this
Act.
SEC. 3. LOANS FROM QUALIFIED EMPLOYER PLANS TREATED AS DISTRIBUTIONS
UNLESS USED TO PURCHASE A FIRST HOME, TO PAY HIGHER
EDUCATION OR FINANCIALLY DEVASTATING MEDICAL EXPENSES, OR
DURING PERIODS OF UNEMPLOYMENT.
(a) In General.--Subsection (p) of section 72 of the Internal
Revenue Code of 1986 (relating to loans treated as distributions) is
amended by redesignating paragraphs (3), (4), and (5) as paragraphs
(4), (5), and (6), respectively, and by inserting after paragraph (2)
the following new paragraph:
``(3) Exception only to apply to certain loans.--Paragraph
(2) shall apply to any loan only if such loan is--
``(A) a qualified first-time homebuyer loan (as
defined in paragraph (7)),
``(B) a qualified higher education loan (as defined
in paragraph (8)),
``(C) a qualified medical expense loan (as defined
in paragraph (9)), or
``(D) a qualified unemployment loan (as defined in
paragraph (10)).''
(b) Definitions.--Subsection (p) of section 72 of such Code is
amended by adding at the end the following new paragraphs:
``(7) Qualified first-time homebuyer loan.--
``(A) In general.--For purposes of paragraph (3),
the term `qualified first-time homebuyer loan' means
any loan received by an individual to the extent the
amount of the loan is used within a reasonable period
to pay qualified acquisition costs with respect to a
principal residence of a first-time homebuyer who is
such individual, the spouse of such individual, or any
child, grandchild, or ancestor of such individual or
the individual's spouse.
``(B) Qualified acquisition costs.--For purposes of
this paragraph, the term `qualified acquisition costs'
means the costs of acquiring, constructing, or
reconstructing a residence. Such term includes any
usual or reasonable settlement, financing, or other
closing costs.
``(C) First-time homebuyer; other definitions.--For
purposes of this paragraph--
``(i) First-time homebuyer.--The term
`first-time homebuyer' means any individual
if--
``(I) such individual (and if
married, such individual's spouse) had
no present ownership interest in a
principal residence during the 2-year
period ending on the date of
acquisition of the principal residence
to which this paragraph applies, and
``(II) subsection (h) or (k) of
section 1034 did not suspend the
running of any period of time specified
in section 1034 with respect to such
individual on the day before the date
the loan is received.
``(ii) Principal residence.--The term
`principal residence' has the same meaning as
when used in section 1034.
``(iii) Date of acquisition.--The term
`date of acquisition' means the date--
``(I) on which a binding contract
to acquire the principal residence to
which subparagraph (A) applies is
entered into, or
``(II) on which construction or
reconstruction of such a principal
residence is commenced.
``(8) Qualified higher education loan.--For purposes of
paragraph (3)--
``(A) In general.--The term `qualified higher
education loan' means any loan received by an
individual to the extent the amount of the loan is used
within a reasonable period to pay expenses for tuition,
fees, books, supplies, and equipment required for the
enrollment or attendance of--
``(i) the individual,
``(ii) the individual's spouse, or
``(iii) any child (as defined in section
151(c)(3)), grandchild, or ancestor of the
individual or the individual's spouse,
at an eligible educational institution (as defined in
section 135(c)(3)).
``(B) Coordination with savings bond provisions.--
The amount of qualified higher education expenses for
any taxable year shall be reduced by any amount
excludable from gross income under section 135.
``(9) Qualified medical expense loan.--The term `qualified
medical expense loan' means any loan received by an individual
to the extent the amount of the loan does not exceed the amount
allowable as a deduction under section 213 to the individual
for amounts paid during the taxable year for medical care
(determined without regard to whether the taxpayer itemizes
deductions for such taxable year).
``(10) Qualified unemployment loan.--The term `qualified
unemployment loan' means any loan to an individual after
separation from employment, if--
``(A) such individual has received unemployment
compensation for 12 consecutive weeks under any Federal
or State unemployment compensation law by reason of
such separation, and
``(B) such loan is received during any taxable year
during which such unemployment compensation is paid or
the succeeding taxable year.
To the extent provided in regulations, a self-employed
individual shall be treated as meeting the requirements of
subparagraph (A) if, under Federal or State law, the individual
would have received unemployment compensation but for the fact
the individual was self-employed.''
(c) Effective Date.--The amendments made by this section shall
apply to loans made after the date of the enactment of this Act. | 401(k) Protection Act of 1996 - Amends the Internal Revenue Code with respect to qualified employer plans to: (1) prohibit loans made through credit cards or other intermediaries; and (2) treat loans as distributions unless used to purchase a first-time home, pay higher education or financially devastating medical costs, or used during periods of unemployment. | 401(k) Protection Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Metal Theft Prevention Act of
2012''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``critical infrastructure'' has the meaning
given the term in section 1016(e) of the Uniting and
Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of
2001 (42 U.S.C. 5195c(e));
(2) the term ``specified metal'' means metal that--
(A)(i) is marked with the name, logo, or initials
of a city, county, State, or Federal government entity,
a railroad, an electric, gas, or water company, a
telephone company, a cable company, a retail
establishment, or a public utility; or
(ii) has been altered in such a manner that a
recycling agent would have a reasonable basis to
believe that such alteration was made for the purpose
of removing, concealing, or obliterating a name, logo,
or initials described in clause (i) through burning or
cutting of wire sheathing or other means; or
(B) is part of--
(i) a street light pole or fixture;
(ii) a road or bridge guard rail;
(iii) a highway or street sign;
(iv) a water meter cover;
(v) a storm water grate;
(vi) unused or undamaged building
construction or utility material;
(vii) a historical marker;
(viii) a grave marker or cemetery urn;
(ix) a utility access cover; or
(x) a container used to transport or store
beer with a capacity of 7.75 gallons or more;
(C) is a wire or cable commonly used by
communications and electrical utilities; or
(D) is copper, aluminum, and other metal (including
any metal combined with other materials) that is
valuable for recycling or reuse as raw metal, except
for aluminum cans; and
(3) the term ``recycling agent'' means any person engaged
in the business of purchasing specified metal for reuse or
recycling, without regard to whether that person is engaged in
the business of recycling or otherwise processing the purchased
specified metal for reuse.
SEC. 3. THEFT OF SPECIFIED METAL.
(a) Offense.--It shall be unlawful to steal specified metal--
(1) being used in or affecting interstate or foreign
commerce; and
(2) the theft of which harms critical infrastructure,
including metal used as part of an electrical substation, power
line, cellular tower, telephone land line, highway equipment
and facilities, railroad equipment and facilities, water well,
reservoir, or sewage line.
(b) Penalty.--Any person who commits an offense described in
subsection (a) shall be fined under title 18, United States Code,
imprisoned not more than 10 years, or both.
SEC. 4. DOCUMENTATION OF OWNERSHIP OR AUTHORITY TO SELL.
(a) Offenses.--
(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for a recycling agent to purchase specified
metal described in subparagraph (A) or (B) of section 2(2),
unless--
(A) the seller, at the time of the transaction,
provides documentation of ownership of, or other proof
of the authority of the seller to sell, the specified
metal; and
(B) there is a reasonable basis to believe that the
documentation or other proof of authority provided
under subparagraph (A) is valid.
(2) Exception.--Paragraph (1) shall not apply to a
recycling agent that is subject to a State or local law that
sets forth a requirement on recycling agents to obtain
documentation of ownership or proof of authority to sell
specified metal before purchasing specified metal.
(3) Responsibility of recycling agent.--A recycling agent
is not required to independently verify the validity of the
documentation or other proof of authority described in
paragraph (1).
(4) Purchase of stolen metal.--It shall be unlawful for a
recycling agent to purchase any specified metal that the
recycling agent knows, or has a reasonable basis to believe, to
be stolen.
(b) Civil Penalty.--A person who knowingly violates subsection (a)
shall be subject to a civil penalty of not more than $10,000 for each
violation.
SEC. 5. TRANSACTION REQUIREMENTS.
(a) Recording Requirements.--
(1) In general.--Except as provided in paragraph (2), a
recycling agent shall maintain a written or electronic record
of each purchase of specified metal.
(2) Exception.--Paragraph (1) shall not apply to a
recycling agent that is subject to a State or local law that
sets forth recording requirements that are substantially
similar to the requirements described in paragraph (3) for the
purchase of specified metal.
(3) Contents.--A record under paragraph (1) shall include--
(A) the name and address of the recycling agent;
and
(B) for each purchase of specified metal--
(i) the date of the transaction;
(ii) a description of the specified metal
purchased using widely used and accepted
industry terminology;
(iii) the amount paid by the recycling
agent;
(iv) the name and address of the person to
which the payment was made;
(v) the name of the person delivering the
specified metal to the recycling agent,
including a distinctive number from a Federal
or State government-issued photo identification
card and a description of the type of the
identification; and
(vi) the license plate number and State-of-
issue, make, and model, if available, of the
vehicle used to deliver the specified metal to
the recycling agent.
(4) Repeat sellers.--A recycling agent may comply with the
requirements of this subsection with respect to a purchase of
specified metal from a person from which the recycling agent
has previously purchased specified metal by--
(A) reference to the existing record relating to
the seller; and
(B) recording any information for the transaction
that is different from the record relating to the
previous purchase from that person.
(5) Record retention period.--A recycling agent shall
maintain any record required under this subsection for not less
than 2 years after the date of the transaction to which the
record relates.
(6) Confidentiality.--
(A) Recycling agents.--A recycling agent cannot be
required to provide any information collected or
retained under this subsection to any person other than
a law enforcement agency with jurisdiction over the
recycling agent, unless acting pursuant a court order.
(B) Other persons.--Any person other than a
recycling agent who receives information collected or
retained under this subsection from a recycling agent
may not provide such information to any person other
than a law enforcement agency with jurisdiction over
the recycling agent, unless acting pursuant a court
order.
(b) Purchases in Excess of $100.--
(1) In general.--Except as provided in paragraph (2), a
recycling agent may not pay cash for a single purchase of
specified metal of more than $100. For purposes of this
paragraph, more than 1 purchase in any 48-hour period from the
same seller shall be considered to be a single purchase.
(2) Exception.--Paragraph (1) shall not apply to a
recycling agent that is subject to a State or local law that
sets forth a maximum amount for cash payments for the purchase
of specified metal.
(3) Payment method.--
(A) Occasional sellers.--Except as provided in
subparagraph (B), for any purchase of specified metal
of more than $100 a recycling agent shall make payment
by check that--
(i) is payable to the seller; and
(ii) includes the name and address of the
seller.
(B) Established commercial transactions.--A
recycling agent may make payments for a purchase of
specified metal of more than $100 from a governmental
or commercial supplier of specified metal with which
the recycling agent has an established commercial
relationship by electronic funds transfer or other
established commercial transaction payment method
through a commercial bank if the recycling agent
maintains a written record of the payment that
identifies the seller, the amount paid, and the date of
the purchase.
(c) Civil Penalty.--A person who knowingly violates subsection (a)
or (b) shall be subject to a civil penalty of not more than $10,000 for
each violation.
SEC. 6. ENFORCEMENT BY ATTORNEY GENERAL.
The Attorney General may bring an enforcement action in an
appropriate United States district court against any person that
engages in conduct that violates this Act.
SEC. 7. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General.--An attorney general or equivalent regulator of a
State may bring a civil action in the name of the State, as parens
patriae on behalf of natural persons residing in the State, in any
district court of the United States or other competent court having
jurisdiction over the defendant, to secure monetary or equitable relief
for a violation of this Act.
(b) Notice Required.--Not later than 30 days before the date on
which an action under subsection (a) is filed, the attorney general or
equivalent regulator of the State involved shall provide to the
Attorney General--
(1) written notice of the action; and
(2) a copy of the complaint for the action.
(c) Attorney General Action.--Upon receiving notice under
subsection (b), the Attorney General shall have the right--
(1) to intervene in the action;
(2) upon so intervening, to be heard on all matters arising
therein;
(3) to remove the action to an appropriate district court
of the United States; and
(4) to file petitions for appeal.
(d) Pending Federal Proceedings.--If a civil action has been
instituted by the Attorney General for a violation of this Act, no
State may, during the pendency of the action instituted by the Attorney
General, institute a civil action under this Act against any defendant
named in the complaint in the civil action for any violation alleged in
the complaint.
(e) Construction.--For purposes of bringing a civil action under
subsection (a), nothing in this section regarding notification shall be
construed to prevent the attorney general or equivalent regulator of
the State from exercising any powers conferred under the laws of that
State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
SEC. 8. DIRECTIVE TO SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission, shall review and, if appropriate,
amend the Federal Sentencing Guidelines and policy statements
applicable to a person convicted of a criminal violation of section 3
of this Act or any other Federal criminal law based on the theft of
specified metal by such person.
(b) Considerations.--In carrying out this section, the Sentencing
Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the--
(A) serious nature of the theft of specified metal;
and
(B) need for an effective deterrent and appropriate
punishment to prevent such theft;
(2) consider the extent to which the guidelines and policy
statements appropriately account for--
(A) the potential and actual harm to the public
from the offense, including any damage to critical
infrastructure;
(B) the amount of loss, or the costs associated
with replacement or repair, attributable to the
offense;
(C) the level of sophistication and planning
involved in the offense; and
(D) whether the offense was intended to or had the
effect of creating a threat to public health or safety,
injury to another person, or death;
(3) account for any additional aggravating or mitigating
circumstances that may justify exceptions to the generally
applicable sentencing ranges;
(4) assure reasonable consistency with other relevant
directives and with other sentencing guidelines and policy
statements; and
(5) assure that the sentencing guidelines and policy
statements adequately meet the purposes of sentencing as set
forth in section 3553(a)(2) of title 18, United States Code.
SEC. 9. STATE AND LOCAL LAW NOT PREEMPTED.
Nothing in this Act shall be construed to preempt any State or
local law regulating the sale or purchase of specified metal.
SEC. 10. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of enactment of
this Act. | Metal Theft Prevention Act of 2012 - Prohibits stealing specified metal being used in or affecting interstate or foreign commerce, the theft of which harms critical infrastructure, including metal used as part of an electrical substation, power line, cellular tower, telephone land line, highway equipment and facilities, railroad equipment and facilities, water well, reservoir, or sewage line. Sets penalties of a fine, 10 years' imprisonment, or both, for violations.
Defines "specified metal" to include metal that is: (1) marked with the name, logo, or initials of a city, county, state, or federal government entity, a railroad, an electric, gas, or water company, a telephone company, a cable company, a retail establishment, or a public utility; (2) part of certain infrastructure items, such as a street light pole, guard rail, storm water grate, or grave marker; (3) a wire or cable commonly used by communications and electrical utilities; or (4) copper, aluminum, and other metal that is valuable for recycling or reuse as raw metal (except for aluminum cans).
Prohibits a recycling agent from purchasing such metal: (1) unless the seller provides documentation of ownership of, or other proof of the authority of the seller to sell, such metal and there is a reasonable basis to believe that the documentation provided is valid (does not require the agent to independently verify such validity); or (2) that the agent knows, or has a reasonable basis to believe, to be stolen. Subjects violators to a civil penalty of up to $10,000 per violation.
Sets forth recycling agent record-keeping and confidentiality requirements. Prohibits a recycling agent from paying cash for a single purchase of such metal of more than $100. Considers more than 1 purchase in any 48-hour period from the same seller to be a single purchase.
Exempts from such documentation requirements or purchase limits any recycling agent that is subject to a state or local law that requires obtaining such documentation or that limits such purchases.
Authorizes specified enforcement actions by the Attorney General and state attorney generals or equivalent state regulators.
Directs the U.S. Sentencing Commission to review and amend the Federal Sentencing Guidelines and policy statements applicable to a person convicted of the theft of such metal. | A bill to prohibit and deter the theft of metal, and for other purposes. |
SECTION 1. ELIGIBILITY OF PUERTO RICO, THE UNITED STATES VIRGIN
ISLANDS, AND GUAM FOR THE TANF SUPPLEMENTAL GRANT FOR
POPULATION INCREASES.
(a) In General.--Section 403(a)(3)(D)(iii) of the Social Security
Act (42 U.S.C. 603(a)(3)(D)(iii)) is amended by striking ``and the
District of Columbia.'' and inserting ``, the District of Columbia,
Puerto Rico, the United States Virgin Islands, and Guam. For fiscal
years beginning after the effective date of this sentence, this
paragraph shall be applied and administered as if the term `State'
included the Commonwealth of Puerto Rico, the United States Virgin
Islands, and Guam for fiscal year 1998 and thereafter.''.
(b) Grant Payment Disregarded for Purposes of Section 1108
Limitation.--Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2)) is
amended by inserting ``, or any payment made to the Commonwealth of
Puerto Rico, the United States Virgin Islands, or Guam under section
403(a)(3)'' before the period.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2003, and shall apply to expenditures for fiscal
years beginning with fiscal year 2004.
SEC. 2. ELIGIBILITY OF PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS,
AND GUAM FOR THE TANF CONTINGENCY FUND.
(a) In General.--Section 403(b)(7) of the Social Security Act (42
U.S.C. 603(b)(7)) is amended by striking ``and the District of
Columbia'' and inserting ``, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, and Guam.''.
(b) Grant Payment Disregarded for Purposes of Section 1108
Limitation.--Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2)), as
amended by section 1(b) of this Act, is amended by inserting ``or
403(b)'' after ``403(a)(3)'' before the period.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2003, and shall apply to expenditures for fiscal
years beginning with fiscal year 2004.
SEC. 3. ELIGIBILITY OF PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS,
AND GUAM FOR CHILD CARE ENTITLEMENT FUNDS.
(a) In General.--Section 418(d) of the Social Security Act (42
U.S.C. 618(d)) is amended by striking ``and the District of Columbia''
and inserting ``, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, and Guam''.
(b) Amount of Payment.--
(1) General entitlement.--Section 418(a)(1) of such Act (42
U.S.C. 618(a)(1)) is amended by striking ``the greater of--''
and all that follows and inserting the following:
``(A) in the case of the Commonwealth of Puerto
Rico, the United States Virgin Islands, and Guam, 60
percent of the amount required to be paid to the State
for fiscal year 2001 under the Child Care and
Development Block Grant Act of 1990; or
``(B) in the case of any other State, the greater
of--
``(i) the total amount required to be paid
to the State under section 403 for fiscal year
1994 or 1995 (whichever is greater) with
respect to expenditures for child care under
subsections (g) and (i) of section 402 (as in
effect before October 1, 1995); or
``(ii) the average of the total amounts
required to be paid to the State for fiscal
years 1992 through 1994 under the subsections
referred to in clause (i).'';
(2) Allotment of remainder.--Section 418(a)(2)(B) of such
Act (42 U.S.C. 618(a)(2)(B)) is amended to read as follows:
``(B) Allotments to states.--Of the total amount
available for payments to States under this paragraph,
as determined under subparagraph (A) of this
paragraph--
``(i) an amount equal to 65 percent of the
amount required to be paid to each of the
Commonwealth of Puerto Rico, the United States
Virgin Islands, and Guam for fiscal year 2001
under the Child Care and Development Block
Grant Act of 1990, shall be allotted to the
Commonwealth of Puerto Rico, the United States
Virgin Islands, and Guam, respectively; and
``(ii) the remainder shall be allotted
among the other States based on the formula
used for determining the amount of Federal
payments to each State under section 403(n) of
this Act (as in effect before October 1,
1995).''.
(c) Grant Payment Disregarded for Purposes of Section 1108
Limitation.--Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2)), as
amended by sections 1(b) and 2(b) of this Act, is amended by striking
``or 403(b)'' and inserting ``, 403(b), or 418''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2003, and shall apply to expenditures for fiscal
years beginning with fiscal year 2004.
SEC. 4. FOSTER CARE PAYMENTS TO PUERTO RICO, THE UNITED STATES VIRGIN
ISLANDS, AND GUAM DISREGARDED FOR PURPOSES OF THE
LIMITATION OF PAYMENTS TO TERRITORIES.
(a) In General.--Section 1108(a)(2) of the Social Security Act (42
U.S.C. 1308(a)(2)), as amended by sections 1(b), 2(b), and 3(c) of this
Act, is amended by inserting ``, or any payment made to the
Commonwealth of Puerto Rico, the United States Virgin Islands, or Guam
under part E of title IV with respect to foster care'' before the
period.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2003, and shall apply to expenditures for fiscal
years beginning with fiscal year 2004.
SEC. 5. EXEMPT MEDICAID TRANSITIONAL MEDICAL ASSISTANCE IN PUERTO RICO,
THE VIRGIN ISLANDS, AND GUAM FROM THE CURRENT MEDICAID
CAP ON SPENDING.
(a) In General.--Section 1108 of the Social Security Act (42 U.S.C.
1308) is amended--
(1) in subsection (f), by striking ``subsection (g)'' and
inserting ``subsections (g) and (h)''; and
(2) by adding at the end the following new subsection:
``(h) Special Rule for Transitional Medical Assistance in Puerto
Rico, the Virgin Islands, and Guam.--Expenditures for transitional
medical assistance under section 1925 in Puerto Rico, the Virgin
Islands, and Guam shall not be subject to the payment limitations of
subsection (f).''.
(b) Permitting Application of Section 1925 in Puerto Rico, the
Virgin Islands, and Guam.--Section 1925(c)(2) of such Act (42 U.S.C.
1396r-6(c)(2)) is amended by inserting before the period at the end the
following: ``, except that such provisions may apply in Puerto Rico,
the Virgin Islands, and Guam if elected by the Government of the
respective commonwealth or territory''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2003, and shall apply to expenditures for fiscal
years beginning with fiscal year 2004. | Amends part A (Temporary Assistance for Needy Families) (TANF) of the Social Security Act (SSA) to make Puerto Rico, the United States Virgin Islands, and Guam eligible for: (1) the TANF supplemental grant for population increases; (2) the TANF contingency fund; and (3) child care entitlement funds.Amends SSA title XI to: (1) disregard foster care payments to Puerto Rico, the United States Virgin Islands, and Guam for purposes of the limitation of total payments to each territory; and (2) exempt Medicaid (SSA title XIX) transitional medical assistance in Puerto Rico, the Virgin Islands, and Guam from the current Medicaid cap on spending. | To provide access to welfare tools to help Americans get back to work. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Educators Support All
Students Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Approximately 1 in 5 children have a diagnosable mental
illness.
(2) Fifty percent of all lifetime cases of mental illness
begin by age 14, and 75 percent by age 24.
(3) Fifty percent of students with a mental illness, age 14
years and older, drop out of high school.
(4) For youth between the ages of 10 and 24, suicide is the
third leading cause of death, and an estimated 90 percent have
a diagnosable mental health condition.
(5) One in 10 children and adolescents suffer from mental
illness severe enough to cause some level of impairment, but
only 1 in 5 of such children receive specialty mental health
services.
SEC. 3. TRAINING TEACHERS AND SCHOOL PROFESSIONALS IN UNDERSTANDING
MENTAL HEALTH CONDITIONS IN CHILDREN.
(a) In General.--Subpart 2 of part A of title IV of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended
by adding at the end the following:
``SEC. 4131. TRAINING TEACHERS AND SCHOOL PROFESSIONALS IN
UNDERSTANDING MENTAL HEALTH CONDITIONS IN CHILDREN.
``(a) Program Authorized.--
``(1) In general.--The Secretary shall award grants to
eligible State educational agencies to enable such agencies to
award subgrants to eligible local educational agencies to
support an existing, or develop a new, program that will
educate teachers, school personnel, and specialized
instructional support personnel on mental health conditions in
children, including the causes, symptoms, and impact on
learning.
``(2) Definitions.--In this section:
``(A) Eligible local educational agency.--The term
`eligible local educational agency' means a local
educational agency or a local educational agency in
partnership with a mental health organization, family
advocacy organization, or community nonprofit
organization.
``(B) Eligible state educational agency.--The term
`eligible State educational agency' means a State
educational agency or a State educational agency in
partnership with a mental health organization, family
advocacy organization, or community nonprofit
organization.
``(C) School personnel.--The term `school
personnel' means administrators, administrative staff,
custodial staff, cafeteria staff, transportation staff,
and other school-employed staff who interact with
students.
``(D) Specialized instructional support
personnel.--The term `specialized instructional support
personnel' means school counselors, school social
workers, school psychologists, and other qualified
professional personnel involved in providing
assessment, diagnosis, counseling, educational,
therapeutic, and other necessary services (including
related services, as defined in section 602 of the
Individuals with Disabilities Education Act) as part of
comprehensive program to meet student needs.
``(b) Grants.--
``(1) Applications.--An eligible State educational agency
that desires to receive 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
require.
``(2) Activities.--An eligible State educational agency
that receives a grant under this section shall use the grant
funds to award subgrants to eligible local educational agencies
in accordance with subsection (c).
``(c) Subgrants.--
``(1) Application.--
``(A) In general.--An eligible local educational
agency that desires to receive a subgrant under this
section shall submit an application to the eligible
State educational agency at such time, in such manner,
and accompanied by such information as the eligible
State educational agency may require.
``(B) Description of utilization.--An application
submitted under subparagraph (A) shall include a
description of how the local educational agency will
utilize school counselors, school psychologists, school
social workers, or community organizations with
expertise in the lived experience of mental illness, in
developing and conducting the training described in
paragraph (2).
``(2) Training.--
``(A) In general.--An eligible local educational
agency that receives a subgrant under this section
shall support an existing training program developed by
either the school or a community organization with
expertise in the lived experience of mental illness, or
develop a new program, in which school counselors,
school psychologists, and school social workers develop
and provide training to teachers, school personnel, and
specialized instructional support personnel in
understanding the mental health needs of children. Such
program shall include an annual in-service training
program to enable such teachers, school personnel, and
specialized instructional support personnel--
``(i) to better understand mental health
conditions and the early warning signs in
children and adolescents;
``(ii) to best communicate with families
about these concerns;
``(iii) to identify classroom strategies
for working effectively with children with
mental health conditions; and
``(iv) to understand school specific
information, including, as appropriate, how
schools are--
``(I) assisting in linking students
to supports and services; and
``(II) providing information on the
school's mental health services and
supports, including school social work
and psychological services, as well as
the school's referral process for
additional school-linked services
connecting to community mental health
professionals.
``(B) Family perspective.--A training program
described in subparagraph (A) shall incorporate family
and parent perspectives.
``(C) Training program for all areas of the state
and for personnel serving indian children.--
``(i) Urban and rural areas.--In awarding
subgrants under this section, a State
educational agency shall ensure training
programs described under subparagraph (A) are
available for teachers, school personnel, and
specialized instructional support personnel in
urban and rural areas across the State.
``(ii) Indian children.--A State
educational agency that receives a grant under
this section shall award subgrants to eligible
local educational agencies described in section
7112(b)(1) and Indian tribes described in
section 7112(c).
``(D) School based mental health services
providers.--A training program described in
subparagraph (A) shall include a school-based mental
health service provider and a community organization
with expertise in the lived experience of mental
illness, whenever possible, to maximize training
outcomes and facilitate coordinated referrals when more
intensive community services are needed.
``(3) Guidelines.--In carrying out a training program
described in paragraph (2), an eligible local educational
agency may--
``(A) report to the Secretary on the agency's
commitment to students with mental illness through
innovative programs, resource development, and the
development of a mental health curriculum and
activities that focus on raising awareness within
schools of early onset mental health conditions and
linking students with effective mental health services
and supports;
``(B) describe existing school-community
partnerships that provide effective clinical services
to students with severe mental health needs;
``(C) describe how the agency will measure
outcomes, as described in subsection (d), specifically
for students with serious mental health needs;
``(D) describe how the training program will be
effective for teachers, school personnel, and
specialized instructional support personnel in
culturally and linguistically diverse school
communities; and
``(E) describe any strong links to the community
mental health system and community mental health
providers through interagency collaboration, including
documenting--
``(i) the extent of the interagency
collaboration (including the engagement in
joint activities); and
``(ii) the dates during which the
collaboration has been in effect and any
outcomes that have been achieved as a result of
this activity.
``(d) Evaluations and Measures of Outcomes.--
``(1) In general.--The Secretary shall develop measures of
outcomes for eligible local educational agencies that receive
subgrants under this section, in order to evaluate the
effectiveness of programs carried out under the subgrant.
``(2) Outcomes.--The measures of outcomes described in
paragraph (1) shall include, at a minimum, provisions to
evaluate--
``(A) the effectiveness of comprehensive school
mental health training programs established under this
section;
``(B) the effectiveness of formal partnership
linkages among child and family serving institutions,
community support systems, and the educational system,
if applicable;
``(C) the effectiveness of the training program in
culturally and linguistically diverse school
communities;
``(D) the improvement in understanding mental
health conditions with the purpose of providing a safe
and supportive learning environment among school staff,
students, and parents;
``(E) the improvement in--
``(i) case-finding of students in need of
more intensive services;
``(ii) effective communication with
families; and
``(iii) referral of identified students
with mental health related concerns for an
evaluation for services and supports;
``(F) the reduction in the number of students with
mental health conditions and those identified as
children with disabilities under the emotional
disturbance and other health impairment categories of
the Individuals with Disabilities Education Act who are
suspended and an increase in the number of such
students who graduate from high school; and
``(G) the increased successful matriculation to
postsecondary school.
``(e) Data Collection Component.--
``(1) Annual data submissions and reports.--
``(A) Data submission.--
``(i) Local educational agencies.--An
eligible local educational agency that receives
a subgrant under this section shall annually
submit to the eligible State educational agency
a report that includes data to evaluate the
success of the program carried out by the
eligible local educational agency. Such reports
shall utilize the measures of outcomes
described in subsection (d).
``(ii) State educational agencies.--An
eligible State educational agency that receives
a grant under this section shall annually
submit to the Secretary a report that includes
data from the reports submitted to the agency
from eligible local educational agencies
pursuant to clause (i).
``(B) Report to congress.--Not later than 6 months
after the date the Secretary receives reports under
subparagraph (A)(ii), the Secretary shall compile the
data in the reports and conduct a general analysis of
the success of the programs carried out by the local
educational agencies involved with subgrant funds
received under this section. The Secretary shall
prepare a report containing the compilation and general
analysis, and submit the report to the Committee on
Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and the Workforce of the
House of Representatives.
``(2) Evaluation and report.--
``(A) Evaluation.--Not later than 12 months after
the end of the initial subgrant period for eligible
local educational agencies under this section, the
Secretary shall conduct an in-depth evaluation of the
success of the programs carried out by the local
educational agencies with subgrant funds received under
this section.
``(B) Report to congress.--The Secretary shall
prepare a report containing the in-depth evaluation,
and submit the report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House
of Representatives.
``(f) Terms and Cost of the Grant.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2014 and each of the 4 succeeding fiscal years.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 4130 the following:
``Sec. 4131. Training teachers and school professionals in
understanding the mental health needs of
children.''. | Helping Educators Support All Students Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award grants to states and, through them, subgrants to local educational agencies (LEAs) to support or develop programs that will train teachers, school personnel, and specialized instructional support personnel regarding mental health conditions in children. Includes as grant and subgrant recipients, states and LEAs that partner with a mental health organization, family advocacy organization, or community nonprofit organization. Requires subgrantees to utilize school counselors, school psychologists, school social workers, or community organizations with experience in mental illness in developing and conducting the training. Requires the training program to include an annual in-service training component that enables teachers, school personnel, and specialized instructional support personnel to: (1) better understand mental health conditions and the early warning signs in children and adolescents; (2) effectively communicate their mental health concerns with families and consider family perspectives; (3) identify classroom strategies for working effectively with troubled children; and (4) understand school specific information, including links to mental health services and supports in the school and community. Directs the Secretary to develop outcome measures that the Secretary is to use to conduct an in-depth evaluation of the effectiveness of the training programs. | Helping Educators Support All Students Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teachers and First Responders Back
to Work Act of 2012''.
TITLE I--TEACHER STABILIZATION
SEC. 101. GRANTS AUTHORIZED.
Subject to the availability of appropriations to carry out this
title, the Secretary of Education (referred to in this title as the
``Secretary'') shall make grants to States to prevent teacher layoffs
and support the creation of additional jobs in early childhood,
elementary, and secondary public education in the 2012-2013 and 2013-
2014 school years.
SEC. 102. ALLOCATION OF FUNDS.
(a) Reservation of Funds.--From the amount appropriated to carry
out this title under section 109, the Secretary--
(1) shall reserve not more than \1/2\ of 1 percent to
provide assistance to the outlying areas on the basis of their
respective needs, as determined by the Secretary, for
activities consistent with this title under such terms and
conditions as the Secretary may determine;
(2) shall reserve not more than \1/2\ of 1 percent to
provide assistance to the Secretary of the Interior to carry
out activities consistent with this title in schools operated
or funded by the Bureau of Indian Education; and
(3) may reserve not more than $2,000,000 for each of fiscal
years 2012 and 2013 for administration and oversight of this
title, including program evaluation.
(b) Allocation.--The Secretary shall determine an award amount for
each State on the following basis:
(1) Of the amount that is 60 percent of the remaining funds
after reserving funds under subsection (a), the Secretary shall
allocate to each State an amount that bears the same ratio as
the population of individuals aged 5 through 17 living in the
State to the population of such individuals in all other
States.
(2) Of the amount that is 40 percent of the remaining funds
after reserving funds under subsection (a), the Secretary shall
allocate to each State an amount that bears the same ratio as
the State's total population to the total population of all
other States.
(c) Reallocation.--If a State does not receive a grant under this
title, the Secretary shall reallocate such State's grant allocation to
States receiving grants under this title using the formula described in
subsection (b).
SEC. 103. STATE APPLICATION.
(a) Application.--Not later than 30 days after the date of
enactment of this Act, a chief executive of a State seeking a grant
under this title shall submit an application to the Secretary in such
manner, and containing such information, as the Secretary may
reasonably require, including an assurance that the State will, for
fiscal years 2012 and 2013--
(1) maintain State support for early childhood, elementary,
and secondary education (in the aggregate or on the basis of
expenditure per pupil) at an amount that is not less than the
level of such support for fiscal year 2011; or
(2) maintain State support for early childhood, elementary,
and secondary education (in the aggregate or on the basis of
expenditure per pupil) at a percentage of a State's total
expenditures for a fiscal year that is equal to or greater than
the percentage that the State provided for fiscal year 2011.
(b) Letter.--Not later than 30 days after the date of enactment of
this Act, a chief executive of a State desiring not to receive a grant
under this title shall submit a letter to the Secretary that includes
an explanation of such chief executive's desire not to receive such
funds and such additional information as the Secretary may require.
(c) Waiver.--The Secretary may waive the requirement that a State
provide an assurance in subsection (a) (1) or (2) with regard to any
State if the Secretary determines that a waiver would be equitable due
to--
(1) exceptional or uncontrollable circumstances, such as a
natural disaster; or
(2) a precipitous decline in the financial resources of the
State, as determined by the Secretary.
SEC. 104. STATE GRANTS.
(a) Reservation.--Each State receiving a grant under this title
shall reserve--
(1) not more than 10 percent of the grant funds for awards
to State-funded early learning programs; and
(2) not more than 2 percent of the grant funds for the
administrative costs of carrying out its responsibilities under
this title.
(b) Subgrants to Local Educational Agencies.--
(1) In general.--A State that receives a grant under this
title shall, after reserving any funds under subsection (a),
use the remaining grant funds for awards to local educational
agencies for the support of early childhood, elementary, and
secondary public education.
(2) Allocation.--A State that receives a grant under this
title shall distribute the remaining grant funds described in
paragraph (1) through subgrants on the following basis:
(A) Of the amount that is 60 percent of such
remaining grant funds, the State shall allocate to each
local educational agency an amount that bears the same
ratio as the local educational agency's enrollment to
the enrollment for all other local educational agencies
in the State.
(B) Of the amount that is 40 percent of such
remaining grant funds, the State shall allocate to each
local educational agency an amount that bears the same
ratio as the funds that the local educational agency
received under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et
seq.) for fiscal year 2011 to the funds that all other
local educational agencies in the State receive under
such Act.
(3) Timing.--A State that receives a grant under this title
shall make subgrants available to local educational agencies
not later than 100 days after receiving a grant under this
title.
(c) Prohibitions.--A State that receives a grant under this title
may not use the grant funds to directly or indirectly--
(1) establish, restore, or supplement a rainy-day fund;
(2) supplant State funds in a manner that has the effect of
establishing, restoring, or supplementing a rainy-day fund;
(3) reduce or retire debt obligations incurred by the
State; or
(4) supplant State funds in a manner that has the effect of
reducing or retiring debt obligations incurred by the State.
SEC. 105. LOCAL EDUCATIONAL AGENCY SUBGRANTS.
(a) Uses of Funds.--A local educational agency that receives a
subgrant under this title shall use the subgrant funds only to pay
compensation, benefits, and other expenses necessary to retain existing
employees, recall or rehire former employees, or hire new employees to
provide early childhood, elementary, or secondary educational and
related services.
(b) Timing.--A local educational agency that receives a subgrant
under this title shall obligate such funds not later than September 30,
2014.
SEC. 106. EARLY LEARNING PROGRAMS.
(a) Uses of Funds.--A State-funded early learning program that
receives funds under this title shall use those funds only for
compensation, benefits, and other expenses necessary to retain early
childhood educators, recall or rehire former early childhood educators,
or hire new early childhood educators to provide early learning
services.
(b) Timing.--A State-funded early learning program that receives
funds under this title shall obligate those funds not later than
September 30, 2014.
SEC. 107. REPORTING.
Not later than September 30 of 2013 and 2014, a State that receives
a grant under this title shall submit a report to the Secretary that
contains--
(1) a description of how the State expended or obligated
funds received under this title; and
(2) an estimate of the number of jobs that the State
supported using funds received under this title.
SEC. 108. DEFINITIONS.
Except as otherwise provided, in this title:
(1) The terms ``local educational agency'', ``outlying
area'', and ``State educational agency'' have the meanings
given those terms in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) The term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
(3) The term ``State-funded early learning program'' means
a program that provides educational services to children from
birth to kindergarten entry and receives funding from the State
other than funds received under this title.
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
For each of fiscal years 2012 and 2013, there is authorized to be
appropriated $30,000,000,000 to carry out the grant program under this
title.
TITLE II--FIRST RESPONDER STABILIZATION
SEC. 201. PURPOSE.
The purpose of this title is to provide funds to States and
localities to prevent layoffs of, and support the creation of
additional jobs for, law enforcement officers and firefighters.
SEC. 202. FIREFIGHTER GRANT PROGRAM.
(a) Grants Authorized.--Subject to the availability of
appropriations to carry out this title, the Secretary of Homeland
Security shall make competitive grants to hire, rehire, and retain
firefighters pursuant to section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a) and to maintain resources for
fire departments. In making such grants, the Secretary may waive the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1),
(c)(2), and (c)(4)(A) of section 34 of such Act.
(b) Authorization of Appropriations.--In addition to funds
otherwise appropriated for grants under section 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229a), there is
authorized to be appropriated $1,000,000,000 to carry out this section
for each of fiscal years 2012 and 2013, of which the Secretary of
Homeland Security shall reserve an amount not to exceed $2,000,000 for
each such fiscal year to carry out the administrative costs of this
section.
SEC. 203. LAW ENFORCEMENT OFFICER GRANT PROGRAM.
(a) Police Officers.--Subject to the availability of appropriations
to carry out this title, the Attorney General shall make competitive
grants to hire, rehire, and retain career law enforcement officers
pursuant to section 1701 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796dd). Grants awarded under this section shall
not be subject to subsections (g) or (i) of section 1701 or to section
1704 of such Act (42 U.S.C. 3796dd; 42 U.S.C. 3796dd-3).
(b) Authorization of Appropriations.--In addition to funds
otherwise appropriated for grants under section 1701 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd), there is
authorized to be appropriated $4,000,000,000 to carry out this section
for each of fiscal years 2012 and 2013, of which the Attorney General
shall reserve an amount not greater than $8,000,000 for each such
fiscal year to carry out the administrative costs of this section. | Teachers and First Responders Back to Work Act of 2012 - Directs the Secretary of Education to make grants to states to prevent teacher layoffs and support the creation of additional jobs in early childhood, elementary, and secondary public education in the 2012-2013 and 2013-2014 school years. Directs the Secretary to allocate grant funds based on each state's: (1) population of individuals aged 5 through 17 relative to all other states, and (2) total population relative to all other states.
Sets forth application requirements, including assurances with respect to maintenance of state support for early childhood, elementary, and secondary education at no less than FY2011 levels. Requires a state to: (1) reserve 10% of grant funds for awards to state-funded early learning programs; and (2) allocate remaining funds to local educational agencies (LEAs) based on each LEA's enrollment, and the amount of funds received by the LEA for basic programs under the Elementary and Secondary Education Act of 1965, relative to the enrollment of and amounts received by all other LEAs in the state. Requires early learning programs and LEAs to use such funds only to pay compensation, benefits, and other expenses necessary to retain existing employees, recall or rehire former employees, or hire new employees to provide early childhood, elementary, or secondary educational and related services.
Directs: (1) the Secretary of Homeland Security (DHS) to make competitive grants to hire, rehire, and retain firefighters pursuant to the Federal Fire Prevention and Control Act of 1974 and to maintain resources for fire departments; and (2) the Attorney General to make competitive grants to hire, rehire, and retain career law enforcement officers pursuant to the Omnibus Crime Control and Safe Streets Act of 1968. Authorizes additional appropriations for FY2012-FY2013 for such grants. | To direct the Secretary of Education to make grants to States to hire teachers and prevent layoffs, to direct the Secretary of Homeland Security to make grants to hire firefighters and prevent layoffs, and to direct the Attorney General to make grants to hire law enforcement officers and prevent layoffs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban Homestead Act of 1999''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Community development corporation.--The term
``community development corporation'' means a nonprofit
organization whose primary purpose is to promote community
development by providing housing opportunities to low-income
families.
(2) Low-income families.--The term ``low-income families''
has the same meaning as in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
(3) Multifamily housing project.--The term ``multifamily
housing project'' has the same meaning as in section 203 of the
Housing and Community Development Amendments of 1978 (12 U.S.C.
1701z-11).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(5) Severe physical problems.--A dwelling unit shall be
considered to have ``severe physical problems'' if such unit--
(A) lacks hot or cold piped water, a flush toilet,
or both a bathtub and a shower in the unit, for the
exclusive use of that unit;
(B) on not less than 3 separate occasions, during
the preceding winter months was uncomfortably cold for
a period of more than 6 consecutive hours due to a
malfunction of the heating system for the unit;
(C) has no functioning electrical service, exposed
wiring, any room in which there is not a functioning
electrical outlet, or has experienced not less than 3
blown fuses or tripped circuit breakers during the
preceding 90-day period;
(D) is accessible through a public hallway in which
there are no working light fixtures, loose or missing
steps or railings, and no elevator; or
(E) has severe maintenance problems, including
water leaks involving the roof, windows, doors,
basement, or pipes or plumbing fixtures, holes or open
cracks in walls or ceilings, severe paint peeling or
broken plaster, and signs of rodent infestation.
(6) Single family residence.--The term ``single family
residence'' means a 1- to 4-family dwelling that is held by the
Secretary.
(7) Substandard multifamily housing project.--A multifamily
housing project is ``substandard'' if not less than 25 percent
of the dwelling units of the project have severe physical
problems.
(8) Unit of general local government.--The term ``unit of
general local government'' has the same meaning as in section
102(a) of the Housing and Community Development Act of 1974 (42
U.S.C. 5302).
(9) Unoccupied multifamily housing project.--The term
``unoccupied multifamily housing project'' means a multifamily
housing project that the Secretary certifies in writing is not
inhabited.
SEC. 3. DISPOSITION OF UNOCCUPIED AND SUBSTANDARD PUBLIC HOUSING.
(a) Publication in Federal Register.--
(1) In general.--Subject to paragraph (2), beginning 6
months after the date of enactment of this Act, and every 6
months thereafter, the Secretary shall publish in the Federal
Register a list of each unoccupied multifamily housing project,
substandard multifamily housing project, and other residential
property that is owned by the Secretary.
(2) Exception for certain projects and properties.--
(A) Projects.--A project described in paragraph (1)
shall not be included in a list published under
paragraph (1) if less than 6 months have elapsed since
the later of--
(i) the date on which the project was
acquired by the Secretary; or
(ii) the date on which the project was
determined to be unoccupied or substandard.
(B) Properties.--A property described in paragraph
(1) shall not be included in a list published under
paragraph (1) if less than 6 months have elapsed since
the date on which the property was acquired by the
Secretary.
(b) Transfer of Ownership to Community Development Corporations.--
Notwithstanding section 203 of the Housing and Community Development
Amendments of 1978 (12 U.S.C. 1701z-11) or any other provision of
Federal law pertaining to the disposition of property, upon the written
request of a community development corporation, the Secretary shall
transfer to the community development corporation ownership of any
unoccupied multifamily housing project, substandard multifamily housing
project, or other residential property owned by the Secretary, if the
project or property is--
(1) located in the same unit of general local government as
the community development corporation; and
(2) included in the most recent list published by the
Secretary under subsection (a).
(c) Satisfaction of indebtedness.--Prior to any transfer of
ownership under subsection (b), the Secretary shall satisfy any
indebtedness incurred in connection with the project or residence at
issue, either by--
(1) cancellation of the indebtedness; or
(2) reimbursing the community development corporation to
which the project or residence is transferred for the amount of
the indebtedness.
SEC. 4. EXEMPTION FROM PROPERTY DISPOSITION REQUIREMENTS.
No provision of the Multifamily Housing Property Disposition Reform
Act of 1994, or any amendment made by that Act, shall apply to the
disposition of property under this Act.
SEC. 5. TENANT LEASES.
This Act shall not affect the terms or the enforceability of any
contract or lease entered into before the date of enactment of this
Act.
SEC. 6. PROCEDURES.
Not later than 6 months after the date of enactment of this Act,
the Secretary shall establish, by rule, regulation, or order, such
procedures as may be necessary to carry out this Act. | Urban Homestead Act of 1999 - Directs the Secretary of Housing and Urban Development to: (1) semiannually publish in the Federal Register a list of unoccupied multifamily housing projects, substandard housing projects, and other residential property owned by the Department of Housing and Urban Development for at least six months; and (2) transfer ownership to a requesting community development corporation.
Directs the Secretary to satisfy any related indebtedness. Exempts such property transfers from disposition requirements under the Multifamily Housing Property Disposition Reform Act of 1994. | Urban Homestead Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cleaner, Secure, and Affordable
Thermal Energy Act''.
SEC. 2. CREDIT FOR CONVERSION OF HOME HEATING USING OIL FUEL TO USING
NATURAL GAS OR BIOMASS FEEDSTOCKS.
(a) In General.--Subsection (a) of section 25C of the Internal
Revenue Code of 1986 (relating to nonbusiness energy property) is
amended by striking ``and'' at the end of paragraph (1), by striking
the period at the end of paragraph (2) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(3) the amount of the residential energy property
expenditures paid or incurred by the taxpayer during such
taxable in a qualifying heating conversion.''.
(b) Dollar Limitation.--
(1) In general.--Subsection (b) of section 25C of the
Internal Revenue Code of 1986 is amended to read as follows:
``(b) Limitations.--
``(1) General limitation.--The aggregate amount of the
credits allowed under this section by reason of paragraphs (1)
and (2) of subsection (a) for taxable years beginning in 2009
and 2010 with respect to any taxpayer shall not exceed $1,500.
``(2) Qualifying heating conversions.--The aggregate amount
of the credits allowed under this section by reason of
paragraph (3) of subsection (a) for taxable years beginning in
2009, 2010, and 2011 with respect to any taxpayer shall not
exceed $3,500 ($4,000 in the case of any qualifying heating
conversion using biomass heating appliances described in
subsection (d)(3)(E)).''.
(2) No double counting.--Section 25C(e) of such Code
(relating to special rules) is amended by adding at the end the
following new paragraph:
``(3) No double counting.--No amount taken into account for
purposes of determining a credit under this section by reason
of paragraph (3) of subsection (a) shall be taken into account
for purposes of determining a credit under this section by
reason of paragraphs (1) and (2) of subsection (a).''.
(c) Qualifying Heating Conversion.--Section 25C(d) of the Internal
Revenue Code of 1986 (relating to residential energy property
expenditures) is amended by adding at the end the following new
paragraph:
``(7) Qualifying heating conversion.--
``(A) In general.--The term `qualifying heating
conversion' means the use of qualified energy property
described in subparagraph (C) to eliminate the reliance
on fuel oil for a heating system and the removal of the
fuel oil equipment (including any storage tank).
``(B) Treatment of certain expenditures.--For
purposes of a qualifying heating conversion, the term
`residential energy property expenditures' includes
fuel service connection installation costs specifically
related to fuel service to the qualified energy
property used in such conversion, but does not include
expenditures for soil cleanup.
``(C) Qualified energy property.--For purposes of
subparagraph (A), qualified energy property is
described in this subparagraph if such property is--
``(i) a qualified natural gas hot water
boiler as defined in paragraph (4)(B) by
substituting `85 percent' for `90 percent',
``(ii) a qualified natural gas furnace as
defined in paragraph (4)(A) by substituting `92
percent' for `95 percent', or
``(iii) a biomass heating appliance
described in paragraph (3)(E).''.
(d) Biomass Heating Appliance.--Subparagraph (E) of section
25C(d)(3) of the Internal Revenue Code of 1986 (defining energy-
efficient building property) is amended to read as follows:
``(E) a biomass heating appliance, including a
stove, boiler, or furnace, which uses the burning of
biomass fuel to heat a unit or to heat water for use in
such unit, and which has a thermal efficiency rating of
at least 75 percent, as measured using a lower heating
value.''.
(e) Application of Credit.--Subsection (g) of section 25C of the
Internal Revenue Code of 1986 (relating to termination) is amended to
read as follows:
``(g) Termination.--This section shall not apply with respect to
any property placed in service--
``(1) except as provided in paragraph (2), after December
31, 2010, and
``(2) with respect to any qualifying heating conversion,
after December 31, 2011.''.
(f) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 3. BONUS DEPRECIATION FOR QUALIFYING HEATING CONVERSION PROPERTY.
(a) In General.--Section 168 of the Internal Revenue Code of 1986
(relating to accelerated cost recovery system) is amended by adding at
the end the following new subsection:
``(o) Special Allowance for Qualifying Heating Conversion
Property.--
``(1) In general.--In the case of any qualifying heating
conversion property--
``(A) the depreciation deduction provided by
section 167(a) for the taxable year in which such
property is placed in service shall include an
allowance equal to 50 percent of the adjusted basis of
the qualifying heating conversion property, and
``(B) the adjusted basis of the qualifying heating
conversion property shall be reduced by the amount of
such deduction before computing the amount otherwise
allowable as a depreciation deduction under this
chapter for such taxable year and any subsequent
taxable year.
``(2) Qualifying heating conversion property.--For purposes
of this subsection, the term `qualifying heating conversion
property' means any property placed in service before January
1, 2012, which is used in a qualifying heating conversion (as
defined in section 25C(d)(7), except that such conversion
includes the use of a commercial natural gas hot water boiler
or commercial natural gas furnace whose efficiency is not
measured based on an annual fuel utilization efficiency rate
but which has a combustion efficiency comparable to the
efficiency rate specified under clause (i) or (ii) of section
25C(d)(7)(C) as the Secretary shall determine (in consultation
with the Department of Energy)).''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after the date of the enactment of this
Act.
SEC. 4. QUALIFIED ENERGY CONSERVATION BONDS FOR QUALIFYING HEATING
CONVERSIONS.
(a) In General.--Clause (i) of section 54D(f)(1)(A) of the Internal
Revenue Code of 1986 (defining qualified conservation purpose) is
amended by inserting ``or reducing reliance on oil for heating systems
in publicly-owned buildings by implementing qualifying heating
conversions (as defined in section 25C(d)(7), except that such a
conversion includes the use of a commercial natural gas hot water
boiler or commercial natural gas furnace whose efficiency is not
measured based on an annual fuel utilization efficiency rate but which
has a combustion efficiency comparable to the efficiency rate specified
under clause (i) or (ii) of section 25C(d)(7)(C) as the Secretary shall
determine (in consultation with the Department of Energy))'' after ``20
percent''.
(b) Effective Date.--The amendment made by this section shall apply
to obligations issued after the date of the enactment of this Act.
SEC. 5. EXTENSION OF REDUCED DEPRECIATION PERIOD FOR NATURAL GAS
DISTRIBUTION FACILITIES.
(a) In General.--Clause (viii) of section 168(e)(3)(E) of the
Internal Revenue Code of 1986 (defining 15-year property) is amended to
read as follows:
``(viii) any natural gas distribution
facility the original use of which commences
with the taxpayer after April 11, 2005, and
which is placed in service before January 1,
2013, and''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the amendments made section 1325(a) of the
Energy Tax Incentives Act of 2005. | Cleaner, Secure, and Affordable Thermal Energy Act - Amends the Internal Revenue Code to: (1) allow a tax credit for residential energy property expenditures to convert a home heating system using oil fuel to a system using natural gas boilers and furnaces and biomass heating appliances; (2) allow bonus depreciation of property used to convert a home heating system; (3) allow the use of tax-exempt energy conservation bonds to finance conversions of fuel oil heating systems; and (4) extend through 2012 accelerated depreciation for natural gas distribution facilities. | A bill to amend the Internal Revenue Code of 1986 to allow a credit for the conversion of heating using oil fuel to using natural gas or biomass feedstocks, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disarm Hate Act''.
SEC. 2. PREVENTION OF PERSON WHO HAS BEEN CONVICTED OF A MISDEMEANOR
HATE CRIME, OR RECEIVED AN ENHANCED SENTENCE FOR A
MISDEMEANOR BECAUSE OF HATE OR BIAS IN ITS COMMISSION,
FROM OBTAINING A FIREARM.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(36) The term `convicted in any court of a misdemeanor hate
crime'--
``(A) means being convicted by a court of an offense that--
``(i) is a misdemeanor under Federal, State, or
tribal law;
``(ii) has, as an element, that the conduct of the
offender was motivated by hate or bias because of the
actual or perceived race, color, religion, national
origin, gender, sexual orientation, gender identity (as
defined in section 249), or disability of any person;
and
``(iii) involves the use or attempted use of
physical force, the threatened use of a deadly weapon,
or other credible threat to the physical safety of any
person; and
``(B) does not include--
``(i) a conviction of an offense described in
subparagraph (A), unless--
``(I) the person--
``(aa) was represented by counsel
in the case; or
``(bb) knowingly and intelligently
waived the right to counsel in the
case; and
``(II) in the case of a prosecution for an
offense described in subparagraph (A) for which
a person was entitled to a jury trial in the
jurisdiction in which the case was tried--
``(aa) the case was tried by a
jury; or
``(bb) the person knowingly and
intelligently waived the right to have
the case tried by a jury, by guilty
plea or otherwise; or
``(ii) a conviction of an offense described in
subparagraph (A) if--
``(I) the conviction--
``(aa) has been expunged or set
aside; or
``(bb) is an offense for which the
person has been pardoned or has had
civil rights restored (if the law of
the applicable jurisdiction provides
for the loss of civil rights under such
an offense); and
``(II) the pardon, expungement, or
restoration of civil rights does not expressly
provide that the person may not ship,
transport, possess, or receive firearms.
``(37) The term `received from any court an enhanced hate crime
misdemeanor sentence'--
``(A) means a court has imposed a sentence for a
misdemeanor under Federal, State, or tribal law--
``(i) that involves the use or attempted use of
physical force, the threatened use of a deadly weapon,
or other credible threat to the physical safety of any
person; and
``(ii) based, in whole or in part, on a judicial
finding that the conduct of the offender was motivated,
in whole or in part, by hate or bias for any reason
referred to in paragraph (36)(A)(ii); and
``(B) does not include--
``(i) the imposition of a sentence described in
subparagraph (A), unless--
``(I) the person--
``(aa) was represented by counsel
in the case; or
``(bb) knowingly and intelligently
waived the right to counsel in the
case; and
``(II) if the sentence described in
subparagraph (A) was imposed in a prosecution
for an offense for which a person was entitled
to a jury trial in the jurisdiction in which
the case was tried--
``(aa) the case was tried by a
jury; or
``(bb) the person knowingly and
intelligently waived the right to have
the case tried by a jury, by guilty
plea or otherwise; or
``(ii) the imposition of a sentence described in
subparagraph (A) if--
``(I)(aa) the conviction of the offense for
which the sentence was imposed has been
expunged or set aside; or
``(bb) the offense for which the sentence
was imposed is an offense for which the person
has been pardoned or has had civil rights
restored (if the law of the applicable
jurisdiction provides for the loss of civil
rights under such an offense); and
``(II) the pardon, expungement, or
restoration of civil rights does not expressly
provide that the person may not ship,
transport, possess, or receive firearms.''.
(b) Prohibition on Sale or Other Disposition of Firearm.--Section
922(d) of such title is amended in the first sentence--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period and inserting
``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) has been convicted in any court of a misdemeanor
hate crime, or has received from any court an enhanced hate
crime misdemeanor sentence.''.
(c) Prohibition on Possession, Shipment, or Transport of Firearm.--
Section 922(g) of such title is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the comma and inserting
``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) who has been convicted in any court of a misdemeanor
hate crime, or has received from any court an enhanced hate
crime misdemeanor sentence,''. | Disarm Hate Act This bill amends the federal criminal code to prohibit firearm sale or transfer to and receipt or possession by an individual who has: (1) been convicted in any court of a misdemeanor hate crime, or (2) received from any court an enhanced hate crime misdemeanor sentence. The term "convicted in any court of a misdemeanor hate crime" means a conviction for a misdemeanor offense that has, as an element, that the conduct was motivated by hate or bias because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person. The term "received from any court an enhanced hate crime misdemeanor sentence" means the imposition of an enhanced sentence for a misdemeanor that involves violence and is based, in whole or in part, on conduct motivated by hate or bias because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person. | Disarm Hate Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Research to Accelerate Cures and
Equity for Children Act'' or the ``RACE for Children Act''.
SEC. 2. REQUIRED PEDIATRIC ASSESSMENTS.
(a) Molecular Targets Regarding Cancer Drugs.--Section 505B of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by inserting ``or'' after
``administration,''; and
(C) by inserting after subparagraph (B) the
following:
``(C) under section 505 of this Act or section 351
of the Public Health Service Act, as described in
subparagraph (A) or (B), that is directed at a
molecular target present in one or more cancers in one
or more pediatric populations,''; and
(2) in subsection (b)(1)--
(A) by amending subparagraph (A)(i) to read as
follows:
``(A)(i) the drug or biological product is used for
a substantial number of pediatric patients--
``(I) for the labeled indications; or
``(II) with respect to one or more specific
molecular targets present in cancers in
pediatric populations; and'';
(B) by amending subparagraph (B) to read as
follows:
``(B) there is reason to believe that the drug or
biological product would represent a meaningful
therapeutic benefit over existing therapies for
pediatric patients--
``(i) for one or more of the claimed
indications; or
``(ii) with respect to one or more specific
molecular targets present in cancers in
pediatric populations; or''; and
(C) by amending paragraph (2) of subsection (c) to
read as follows:
``(2) the drug or biological product is in a class of
products, is for an indication, or is directed at a specific
molecular target present in cancers in pediatric populations,
for which there is need for additional options.''.
(b) Early Meeting on Pediatric Study Plan.--
(1) In general.--Clause (i) of section 505B(e)(2)(C) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c(e)(2)(C))
is amended to read as follows:
``(i) shall meet with the applicant--
``(I) if requested by the applicant
with respect to a drug that is directed
at a molecular target that is present
in one or more cancers in one or more
pediatric populations, as described in
subsection (a)(1)(C), to discuss, not
later than the end-of-Phase1 meeting
(as such term is used in section
312.82(b) of title 21, Code of Federal
Regulations, or successor regulations),
preparation of the initial pediatric
study plan;
``(II) to discuss the initial
pediatric study plan as soon as
practicable, but not later than 90
calendar days after the receipt of such
plan under subparagraph (A); and
``(III) to discuss any scientific
or operational challenges that may be
the basis of a deferral under
subsection (a)(3) or a full or partial
waiver under subsection (a)(4);''.
(2) Conforming changes.--Section 505B(e) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355c(e)) is amended--
(A) in the heading of paragraph (2), by striking
``meeting'' and inserting ``meetings'';
(B) in the heading of paragraph (2)(C), by striking
``Meeting'' and inserting ``Meetings'';
(C) in clauses (ii) and (iii) of paragraph (2)(C),
by striking ``no meeting'' each place it appears and
inserting ``no meeting under clause (i)(II)''; and
(D) in paragraph (3) by striking ``meeting under
paragraph (2)(C)(i)'' and inserting ``meeting under
paragraph (2)(C)(i)(II)''.
(c) Orphan Drugs.--Section 505B(k) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355c(k)) is amended by inserting ``except in
the case of a drug or biological product that is the subject of an
application described in subsection (a)(1)(C),'' after ``regulation,''.
(d) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services, acting through
the Commissioner of Food and Drugs, shall issue guidance on the
implementation of this section (including the amendments made by this
section), including study designs and molecular targets likely to be
present in one or more cancers in pediatric populations that are
appropriate for assessment under the amendments made by this Act.
(e) Applicability.--This Act and the amendments made by this Act
apply with respect to applications for a drug submitted under section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or
section 351 of the Public Health Service Act (42 U.S.C. 262) on or
after the date that is 18 months after the date of enactment of this
Act.
(f) Report to Congress.--Not later than July 12, 2021, the
Secretary of Health and Human Services, acting through the Commissioner
of Food and Drugs, shall submit to Congress a report on the
implementation of the amendments made by this section, together with
any recommendations of the Secretary regarding such amendments.
(g) Rule of Construction.--Nothing in this Act, including the
amendments made by this Act, shall limit the authority of the Secretary
of Health and Human Services to issue written requests under section
505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a). | Research to Accelerate Cures and Equity for Children Act or the RACE for Children Act This bill amends the Federal Food, Drug, and Cosmetic Act to expand requirements for assessing the use of medications in pediatric populations. Applications and supplements to applications for certain drugs and biological products, including orphan drugs, that could be used to treat pediatric cancer must include an assessment of pediatric use. Upon request, the Food and Drug Administration (FDA) must meet with the sponsor of such a medication to discuss the plan for pediatric studies. The FDA may require the sponsor of an approved medication that could be used to treat pediatric cancer to complete a pediatric assessment if: (1) the medication is used for a substantial number of pediatric cancer patients, or (2) there is reason to believe the medication would have a meaningful therapeutic benefit over existing therapies for pediatric cancer patients. The bill limits waivers of pediatric assessment requirements for certain medications that could be used to treat a pediatric cancer for which there is a need for additional treatment options. The FDA must meet with medication sponsors to discuss a deferral or waiver of the pediatric assessment requirement. | RACE for Children Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Returning Investment to America Act
of 2011''.
SEC. 2. EXTENSION OF DIVIDENDS RECEIVED DEDUCTION FOR DIVIDENDS
RECEIVED FROM CONTROLLED FOREIGN CORPORATIONS BY
CORPORATIONS INCREASING PAYROLL.
(a) Extension.--Subsection (f) of section 965 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(f) Election.--
``(1) In general.--An election under this section may be
made for any taxable year beginning before December 31, 2012,
and shall be made at such time and in such manner as the
Secretary may prescribe, and, once made, may be revoked only
with the consent of the Secretary.
``(2) Controlled groups.--If an election under this section
is made by a member of a controlled group of corporations
(within the meaning of section 1563(a), except that `more than
50 percent' shall be substituted for `at least 80 percent' each
place it appears therein) then, except as otherwise provided by
the Secretary, such election shall apply to all members of such
controlled group.''.
(b) Deduction Limited by Payroll Increase and Property Placed in
Service.--Subsection (b) of section 965 of such Code is amended to read
as follows:
``(b) Deduction Limited by Payroll Increase.--
``(1) In general.--The amount of dividends taken into
account under subsection (a) for any taxable year shall not
exceed an amount equal to the reinvestment amount of such
employer (if any) for such taxable year.
``(2) Reinvestment amount.--For purposes of this
subsection--
``(A) In general.--The term `reinvestment amount'
means the sum of--
``(i) the employer's payroll increase for
the calendar year ending during the taxable
year, plus
``(ii) the basis of qualified property
placed in service by the taxpayer during the
taxable year.
``(B) Payroll increase.--
``(i) In general.--The term `payroll
increase' means, with respect to an employer
for a calendar year, the excess (if any) of--
``(I) the aggregate amount of wages
paid by such employer to all employees
for such calendar year, over
``(II) aggregate amount of
inflation adjusted wages paid by such
employer to all employees for the
preceding calendar year.
``(ii) Wages.--The term `wages' has the
meaning given such term by section 3121(a) for
purposes of section 3111(a).
``(iii) Inflation adjusted wages.--The term
`inflation adjusted wages' means an amount
equal to--
``(I) wages with respect to an
employee, multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year for which
the reduction in deposits under this
section is being determined occurs,
determined by substituting `calendar
year 2010' for `calendar year 1992' in
subparagraph (B) thereof.
``(C) Qualified property.--The term `qualified
property' means any tangible personal property with
respect to which depreciation (or amortization in lieu
of depreciation) is allowable.
``(3) Bonus reinvestment amount for 2012.--In the case of
any taxable year beginning in 2012, the taxpayer may elect to
increase the reinvestment amount for such taxable year by an
amount equal to--
``(A) the employer's payroll increase for the
calendar year ending during the preceding taxable year,
plus
``(B) the basis of qualified property placed in
service by the taxpayer during the preceding taxable
year after the mid-point of such preceding taxable
year.
``(4) Adjustments for certain acquisitions, etc.--Under
regulations prescribed by the Secretary--
``(A) Acquisitions.--If an employer acquires the
major portion of a trade or business of another person
(hereafter in this paragraph referred to as the
`predecessor') or the major portion of a separate unit
of a trade or business of a predecessor, then, for
purposes of applying this section for any calendar year
ending after such acquisition, the amount of wages or
compensation deemed paid by the employer during periods
before such acquisition shall be increased by so much
of such wages or compensation paid by the predecessor
with respect to the acquired trade or business as is
attributable to the portion of such trade or business
acquired by the employer.
``(B) Dispositions.--If--
``(i) an employer disposes of the major
portion of any trade or business of the
employer or the major portion of a separate
unit of a trade or business of the employer in
a transaction to which subparagraph (A)
applies, and
``(ii) the employer furnishes the acquiring
person such information as is necessary for the
application of subparagraph (A),
then, for purposes of applying this section for any
calendar year ending after such disposition, the amount
of wages or compensation deemed paid by the employer
during periods before such disposition shall be reduced
by so much of such wages as is attributable to such
trade or business or separate unit.''.
(c) Conforming Amendments.--
(1) Subsection (c) of section 965 of such Code is amended
by striking paragraphs (1) and (2) and by redesignating
paragraphs (3), (4), and (5) as paragraphs (1), (2), and (3),
respectively.
(2) Subparagraph (B) of section 965(c)(5) of such Code is
amended--
(A) by striking ``shall be limited to one
$5,000,000,000 amount in subsection (b)(1)(A)'' and
inserting ``shall be treated as one employer for
purposes of determining the amount of any limitation
under subsection (b)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011. | Returning Investment to America Act of 2011 - Amends the Internal Revenue Code to allow an extension of the election allowed to domestic corporations to deduct dividends received from controlled foreign corporations (election may be made for any taxable year beginning before December 31, 2012). Limits the amount of such deduction in any taxable year to the amount by which the domestic corporation increases its payroll and by the amount of its investment in depreciable business assets. | To amend the Internal Revenue Code of 1986 to extend the deduction for dividends received from a controlled foreign corporation by any corporation that has increased wages or placed property in service for the year. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Child Marriage
Prevention and Assistance Act of 2006''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Research shows that child marriage in developing
nations is often associated with adverse economic and social
consequences and is dangerous to the health, security, and
well-being of girls and detrimental to the economic development
of communities.
(2) The issue of child marriage is interwoven with broader
social and cultural issues and is most effectively addressed as
a development challenge through integrated, community-based
approaches to promote and support girls' education and skill-
building and healthcare, legal rights, and awareness for girls
and women.
(3) As Charlotte Ponticelli, Senior Coordinator for
International Women's Issues for the Department of State,
stated on September 14, 2005: ``It is unconscionable that in
the 21st century girls as young as 7 or 8 can be sold as
brides. There is no denying that extreme poverty is the driving
factor that has enabled the practice to continue, even in
countries where it has been outlawed...We need to be shining
the spotlight on early marriage and its underlying causes...We
must continue to do everything we can to ensure that girls have
every opportunity to become agents of change and to expand the
`realm of what is possible' for their societies and the world
at large.''
(4) The severity of the adverse impact of child marriage
increases as the age at marriage and first childbirth
decreases.
(5) A Department of State survey in 2005 found that child
marriage was a concern in 64 out of 182 countries surveyed and
that the practice is especially acute in sub-Saharan Africa and
South Asia.
(6) According to the United Nations Children's Fund, in
Ethiopia and in parts of West Africa marriage at the age of 7
or 8 is not uncommon.
(7) In developing countries, girls aged 10 to 14 who become
pregnant are 5 times more likely to die in pregnancy or
childbirth than women aged 20 to 24.
(8) Girls in sub-Saharan Africa are at much higher risk of
suffering obstetric fistula.
(9) According to the Department of State: ``Pregnancy at an
early age often leads to obstetric fistulae and permanent
incontinence. In Ethiopia, treatment is available at only 1
hospital in Addis Ababa that performs over 1,000 fistula
operations a year. It estimates that for every successful
operation performed, 10 other young women need the treatment.
The maternal mortality rate is extremely high due, in part, to
food taboos for pregnant women, poverty, early marriage, and
birth complications related to FGM [Female Genital Mutilation],
especially infibulation.''.
(10) Adolescents are at greater risk of complications
during childbirth that can lead to fistula because they have
less access to health care and are subject to other significant
risk factors related to the mother's physical immaturity.
(11) In nearly every case of obstetric fistula, the baby
will be stillborn.
(12) The physical symptoms of obstetric fistula include
incontinence or constant uncontrollable leaking of urine or
feces, frequent bladder infections, infertility, and foul odor.
The condition often leads to the desertion of fistula sufferers
by husbands and family members and extreme social stigma.
(13) Although data on obstetric fistula are scarce, the
World Health Organization (WHO) estimates that there are more
than 2,000,000 women living with fistula and 50,000 to 100,000
new cases each year. These figures are based on the number of
women who seek medical care. Many more suffer from the
disabling condition.
(14) Adolescent girls are more susceptible than mature
women to sexually transmitted infections, including HIV, due to
both biological and social factors.
(15) Research in several countries with high rates of HIV
infection indicates that married girls are at greater risk for
HIV than their unmarried peers.
(16) Child marriage can have additional long-term
consequences when combined with female genital cutting because
the girls who have undergone that procedure can experience
greater complications during pregnancy, leading to lasting
health problems for themselves and their children.
(17) Child marriage is a leading barrier to girls'
education in certain developing countries.
(18) A high incidence of child marriage undermines the
efforts of developing countries and donor countries, including
the United States, to promote economic and social development.
(19) The causes of child marriage include poverty, custom,
and the desire to protect girls from violence or premarital
sexual relations.
(20) Child marriage may also be a product of gender
violence in which a man abducts and rapes a girl and then,
sometimes through negotiations with traditional leaders,
negotiates a settlement with the girl's parents, including
marriage to the victim.
(21) The practice of child marriage is considered a
``harmful traditional practice'' by the United Nations
Children's Fund.
(22) The Convention on Consent to Marriage, Minimum Age for
Marriage, and Registration of Marriages, adopted at the United
Nations, December 10, 1962, requires the parties to the
Convention to overcome all ``customs, ancient laws, and
practices by ensuring complete freedom in the choice of a
spouse, eliminating completely child marriages and the
betrothal of young girls before the age of puberty''.
(23) The African Charter on the Rights and Welfare of the
Child, which entered into force in 1990, provides that ``child
marriage and the betrothal of girls and boys shall be
prohibited and effective action, including legislation, shall
be taken to specify the minimum age of marriage to be eighteen
years''.
(24) In Ethiopia, Girls' Activity Committees, community-
based groups formed to support girls in school and advocate for
girls' education, have conducted community awareness and
informational campaigns, enlisted the assistance of traditional
clan and religious leaders, discouraged families from
practicing child marriage, encouraged girls' school attendance,
and taken steps to reduce gender-based violence and create
safer environments for girls en route to or from school and in
the classroom.
(25) Recognizing the importance of the issue and the
effects of child marriage, the Senior Coordinator for
International Women's Issues of the Department of State
initiated an effort in 2005 to collect and assess information
on the incidence of child marriage and on the existence and
effectiveness of initiatives funded by the United States to
reduce the incidence of child marriage or the negative effects
of child marriage and to measure the need for additional
programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Agency.
(2) Agency.--Except as otherwise provided in this Act, the
term ``Agency'' means the United States Agency for
International Development.
(3) Child marriage.--The term ``child marriage'' means the
legal or traditional marriage of a girl or boy who has not yet
reached the minimum age for marriage stipulated in law in the
country of which they are a citizen.
(4) Developing nation.--The term ``developing nation''
means any nation eligible to receive assistance from the
International Development Association or the International Bank
for Reconstruction and Development.
(5) HIV.--The term ``HIV'' has the meaning given that term
in section 3 of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7602).
(6) HIV/AIDS.--The term ``HIV/AIDS'' has the meaning given
that term in section 3 of the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C.
7602).
(7) Obstetric fistula.--The term ``obstetric fistula''
means a rupture or hole in tissues surrounding the vagina,
bladder, or rectum that occurs during prolonged, obstructed
childbirth.
(8) Relevant executive branch agencies.--The term
``relevant executive branch agencies'' means the Department of
State, the Agency, the Department of Health and Human Services,
and any other department or agency of the United States,
including the Millennium Challenge Corporation, that is
involved in implementing international health or development
policies and programs of the United States.
(9) Secretary.--Except as otherwise provided in this Act,
the term ``Secretary'' means the Secretary of State.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the untapped economic and educational potential of
girls and women in many developing nations represent an
enormous loss to those societies;
(2) expanding educational opportunities for girls and
economic opportunities for women and reducing maternal and
child mortality are critical to the achievement of
internationally recognized health and development goals and of
many global health and development objectives of the United
States, including efforts to prevent HIV/AIDS;
(3) since child marriage is a leading barrier to the
continuation of girl's education in many developing countries,
it is important to integrate this issue into new and existing
United States-funded efforts to promote education, strengthen
legal rights and legal awareness, reduce gender-based violence,
and promote skill-building and economic opportunities for girls
and young women in regions with a high incidence of child
marriage; and
(4) effective community-based efforts to reduce and move
toward the elimination of child marriage as part of an
integrated strategy to promote girls' education and empowerment
will yield long-term dividends in the health and economic
sectors in developing countries.
SEC. 5. DEVELOPMENT OF CHILD MARRIAGE PREVENTION STRATEGY.
(a) Requirements for Strategy.--The Secretary shall develop a
comprehensive strategy, taking into account the work of the relevant
executive branch agencies, to reduce the incidences of child marriage
around the world by further integrating this issue into existing and
planned relevant United States development efforts.
(b) Report on Strategy.--
(1) Requirement for report.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall submit
to Congress a report on the strategy described in subsection
(a), including a discussion of the elements described in
paragraph (2).
(2) Report elements.--The elements referred to in paragraph
(1) are the following:
(A) A description of existing or potential
approaches to prevent child marriage and address the
vulnerabilities of populations who may be at risk of
child marriage.
(B) A description of programs funded by the United
States that address child marriage, and an assessment
of the impact of such programs in the areas of health,
education, and access to economic opportunities,
including microfinance programs.
(C) A description of programs funded by the United
States that are intended to prevent obstetric fistula.
(D) A description of programs funded by the United
States that support the surgical treatment of obstetric
fistula.
(E) A description of the impact of child marriage
on the United States efforts to assist in achieving the
goals set out in the United Nations Millennium
Declaration adopted by the United Nations General
Assembly on September 8, 2000 (resolution 55/2),
including specifically the impact on efforts to--
(i) eliminate gender disparity in primary
and secondary education;
(ii) reduce child mortality;
(iii) improve maternal health; and
(iv) combat HIV/AIDS, tuberculosis,
malaria, and other disease.
(F) A description of the impact of child marriage
on achieving the purposes set out in section 602 of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701).
(G) A description of how the issue of child
marriage can best be integrated into existing or
planned United States programs to promote girls'
education and skill-building, healthcare, legal rights
and awareness, and other relevant programs in
developing nations.
(c) Report on Child Marriage.--Not later than 2 years after the
date of the enactment of this Act, the Secretary, in consultation with
other appropriate officials, shall submit to the Committees on Foreign
Relations and Appropriations of the Senate and the Committees on
International Relations and Appropriations of the House of
Representatives a report that describes--
(1) United States assistance programs that address child
marriage;
(2) the impact of child marriage on maternal mortality and
morbidity and on infant mortality in countries in which child
marriage is prevalent;
(3) the projected effect of such programs on increasing the
age of marriage, reducing maternal mortality and morbidity,
reducing the incidence of obstetric fistula, reducing the
incidence of domestic violence, increasing girls' access to and
completion of primary and secondary education, reducing the
incidence of early childbearing, and reducing HIV infection
rates among married and unmarried adolescents;
(4) the scale and scope of the practice of child marriage
in developing nations; and
(5) the status of efforts by the government of each
developing nation with a high incidence of child marriage to
eliminate such practices.
SEC. 6. AUTHORIZATION OF ASSISTANCE TO REDUCE INCIDENCES OF CHILDHOOD
MARRIAGE AND OBSTETRIC FISTULA.
The President is authorized to provide assistance, including
through international, nongovernmental, or faith-based organizations or
through direct assistance to a recipient country, for programs to
reduce the incidences of child marriage and promote the empowerment of
girls and young woman. Such assistance may include--
(1) improving the access of girls and young women in
developing nations to primary and secondary education and
vocational training;
(2) supporting community education activities to educate
parents, community leaders, and adolescents of the health risks
associated with child marriage and the benefits for
adolescents, especially girls, of access to education, health
care, employment, microfinance, and savings programs;
(3) supporting community-based organizations in encouraging
the prevention or delay of child marriage and its replacement
with other non-harmful rites of passage;
(4) increasing access of women to economic opportunities,
including microfinance and small enterprise development;
(5) supporting efforts to prevent gender-based violence;
(6) improving access of adolescents to adequate health
care;
(7) supporting programs to promote educational and economic
opportunities and access to health care for adolescents who are
already married;
(8) supporting the surgical repair of fistula, including
the creation or expansion of centers for the treatment of
fistula in countries with high rates of fistula, and the care,
support, and transportation of persons in need of such surgery;
and
(9) supporting efforts to reduce incidences of fistula,
including programs to increase access to skilled birth
attendants, and to promote access to family planning where
desired by local communities.
SEC. 7. RESEARCH AND DATA COLLECTION.
The Secretary shall work through the Agency and any other relevant
agencies of the Department of State, and in conjunction with relevant
executive branch agencies as part of their ongoing research and data
collection activities, to--
(1) collect and make available data on the incidence of
child marriage in countries that receive foreign or development
assistance from the United States where the practice of child
marriage is prevalent; and
(2) collect and make available data on the impact of the
incidence of child marriage and the age at marriage on progress
in meeting key development goals.
SEC. 8. HUMAN RIGHTS REPORT.
The Secretary shall include in the Department of State's Annual
Country Reports on Human Rights Practices a section for each country
where child marriage is prevalent, outlining the status of the practice
of child marriage in that country.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS AND OTHER FUNDING.
There are authorized to be appropriated to carry out the provisions
of this Act, and the amendments made by this Act, in addition to funds
otherwise available for such purposes, amounts as follows:
(1) $15,000,000 for fiscal year 2007.
(2) $20,000,000 for fiscal year 2008.
(3) $25,000,000 for fiscal year 2009. | International Child Marriage Prevention and Assistance Act of 2006 - Requires the Secretary of State to develop a comprehensive strategy to reduce the incidences of child marriage around the world by further integrating this issue into U.S. development efforts. Requires the Secretary to submit reports to Congress on such strategy and on child marriage and U.S. assistance programs that address it.
Authorizes the President to provide assistance for programs to reduce the incidences of child marriage and promote the empowerment of girls, including support for the treatment and reduction of fistula in countries with high rates of such surgery.
Requires the Secretary to work through the U.S. Agency for International Development and other agencies of the Department of State and in conjunction with other relevant agencies as part of their ongoing research and data collection activities concerning child marriage.
Requires the Secretary to include in the Department of State's Annual Country Reports on Human Rights Practices a section for each country where child marriage is prevalent, outlining the status of the practice. | A bill to reduce child marriage, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job Access and Reverse Commute
Program Improvements Act of 2008''.
SEC. 2. JOB ACCESS AND REVERSE COMMUTE PROGRAM.
(a) Combined Applications.--Section 5316(b) of title 49, United
States Code, is amended by adding at the end the following:
``(3) Combined applications.--
``(A) In general.--A State may accept a single
combined application for a project that will use funds
provided under not less than 2 of the programs
described in subparagraph (C).
``(B) Incentives.--For any State that determines to
accept combined applications under subparagraph (A),
the Secretary may--
``(i) reduce the amount of the cost share
required under a program described in
subparagraph (C);
``(ii) increase the amount of funds the
State may use for administrative expenses under
a program described in subparagraph (C); or
``(iii) make a grant to the State for
expenses relating to accepting combined
applications.
``(C) Programs.--The programs described in this
subparagraph are the program under this section, the
elderly and disabled specialized transit program under
section 5310, the new freedom program under section
5317, and any other program determined appropriate by
the Secretary.''.
(b) Job Access and Reverse Commute Formula Grants.--
(1) In general.--Section 5316 of title 49, United States
Code, is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) subsidizing the costs associated with the
transportation of low income high school students and
young adults to career or technical education, job
training, or apprenticeship programs.'';
(B) in subsection (h)(2)--
(i) by striking ``operating assistance may
not'' and inserting ``operating assistance--
``(A) may not'';
(ii) by striking the period at the end and
inserting ``; or''; and
(iii) by adding at the end the following:
``(B) may not exceed 80 percent of the net
operating costs of the project, if the State notifies
the Secretary that it is necessary to achieve program
goals.'';
(C) in subsection (e), by adding at the end the
following:
``(4) Transfers to states.--A local governmental authority
may transfer to the State in which the local governmental
authority is located any funds apportioned to the local
governmental authority under this section. A State may use
funds transferred under this paragraph for any eligible job
access or reverse commute project under this section.''; and
(D) by adding at the end the following:
``(j) Reporting and Certification Streamlining.--
``(1) In general.--The Secretary may waive or streamline
reporting and certification requirements relating to the
program under this section at the request of a State if the
Secretary determines that the primary goals of the program are
still being met.
``(2) Study.--The Secretary shall conduct a study of the
feasibility of the elimination, revision, or reduced frequency
of collection for any reporting or certification requirements
relating to the program under this section, particularly
examining the burden on and needs of nonprofit organizations
that receive funding and are unaccustomed to Federal Transit
Administration regulations.
``(3) Flexibility.--The Secretary shall encourage
flexibility and experimentation by allowing States to use other
assessment and eligibility measures such as outcome based
assessment of the transportation access improvements to
targeted populations instead of documenting individuals either
on a State-by-State trial basis or through the pilot program
under subsection (k).
``(4) Workforce boards.--The Secretary shall--
``(A) encourage coordination and review of
applications by local workforce boards; and
``(B) consider using workforce board reviews as an
alternative to streamline reporting requirements.
``(k) Pilot Program.--
``(1) In general.--The Secretary may carry out a pilot
program to make grants to recipients to--
``(A) improve education and employment related
transportation for eligible teens and young adults,
such as linking high schools to technical colleges, job
centers, and apprenticeships;
``(B) evaluate streamlined reporting and
certification requirements developed under subsection
(j) in order to determine whether the requirements
still ensure sufficient accountability and whether the
projects are still primarily addressing the goals of
this section;
``(C) support more comprehensive projects that are
integrated with other Federal, State, and local
transportation and human service programs while
ensuring the paperwork burden is minimized, including--
``(i) bundling funds from and allowing
combined applications with streamlined
reporting requirements for other programs of
the Department of Transportation (such as the
elderly and disabled specialized transit
program under section 5310 and the new freedom
program under section 5317) or other Federal
departments and agencies (such as the
Department of Labor, the Department of Health
and Human Services, and the Department of
Education) to address more comprehensive human
service transportation needs;
``(ii) developing programs that cross local
government boundaries and involve multiple
localities, particularly programs that serve
more than 1 of the categories of areas
described in subparagraph (A), (B), or (C) of
subsection (c)(1); and
``(iii) developing comprehensive projects
that integrate workforce development with
transportation needs during the different
phases of training and job placement.
``(2) Authorization.--There shall be available from the
Mass Transit Account of the Highway Trust Fund $10,000,000 for
each of fiscal years 2010 through 2014 to carry out this
subsection.
``(l) Continuation and Expansion of JARC Technical Assistance and
Clearinghouse.--
``(1) In general.--The Secretary shall continue technical
assistance and peer-to-peer network activities being carried
out on the date of enactment of this subsection and expand the
assistance and activities as appropriate, so that the
Department supports efforts that--
``(A) act as an information clearinghouse and
information network;
``(B) provide technical assistance to potential
applicants for a grant under this section;
``(C) provide technical assistance to grant
recipients in meeting Federal reporting and
certification requirements, especially entities such as
first-time grant recipients and small nonprofit
organizations;
``(D) conduct outreach and education of employers
and employees regarding transportation assistance,
including tax benefits for providing fringe benefits
and earned income tax credit benefits for employees;
and
``(E) as appropriate, coordinate the combined
activities of and support memorandums of understanding
between related Federal programs in the Department of
Transportation or another Federal department or agency,
such as the Department of Labor, the Department of
Housing and Urban Development, the Economic Development
Agency, or the Department of Education.
``(2) Authorization of appropriations.--There are
authorized to be appropriated $2,000,000 for each of fiscal
years 2010 through 2014 to carry out expanded technical
assistance and peer-to-peer network activities under this
subsection.''.
(2) Authorization.--Section 5338 of title 49, United States
Code, is amended by adding at the end the following:
``(h) Job Access and Reverse Commute Formula Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out section
5316 of this title--
``(A) $185,000,000 for fiscal year 2010;
``(B) $205,000,000 for fiscal year 2011;
``(C) $225,000,000 for fiscal year 2012;
``(D) $245,000,000 for fiscal year 2013; and
``(E) $265,000,000 for fiscal year 2014.
``(2) Availability of amounts.--Amounts made available by
paragraph (1) shall remain available until expended.''.
(c) Application.--Subparagraph (B) of section 5316(h)(2) of title
49, United States Code, as added by subsection (b) of this section,
shall apply to unexpended amounts made available before, on, or after
the date of enactment of this Act.
(d) Offset.--Any amounts authorized to carry out a project under
section 1602 of the Transportation Equity Act for the 21st Century
(Public Law 105-178; 112 Stat. 256) for which no funds had been
obligated as of June 9, 2008, are rescinded. | Job Access and Reverse Commute Program Improvements Act of 2008 - Revises the job access and reverse commute (JARC) program to authorize a state to accept a single combined application for a project funded from at least two of the following programs that provide individuals with transportation to and from a job: (1) the JARC program; (2) the elderly and disabled specialized transit program; (3) the new freedom program (for disabled workers); and (4) any other program the Secretary deems appropriate.
Makes eligible for JARC formula grant funding the subsidizing of costs associated with the transportation of low income high school students and young adults to career or technical education, job training, or apprenticeship programs.
Authorizes the Secretary of Transportation, at state request, to waive or streamline JARC program reporting and certification requirements, provided program goals are met.
Directs the Secretary to study the feasibility of eliminating, revising, or reducing frequency of collection for any reporting or certification requirements relating to the JARC formula grant program, particularly examining the burden on and needs of nonprofit organizations that receive funding and are unaccustomed to Federal Transit Administration (FTA) regulations.
Authorizes the Secretary to carry out a grant pilot program to: (1) improve education and employment related transportation activities for eligible teens and young adults; (2) evaluate streamlined reporting and certification requirements; and (3) support more comprehensive projects integrated with other federal, state, and local transportation and human service programs, while ensuring the paperwork burden is minimized.
Requires the Secretary to continue and expand JARC technical assistance activities so that the Department of Transportation supports various specified efforts, including those that act as an information clearinghouse and information network. | A bill to improve the job access and reverse commute program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Insurance Rate Review Act''.
SEC. 2. PROTECTION OF CONSUMERS FROM EXCESSIVE, UNJUSTIFIED, OR
UNFAIRLY DISCRIMINATORY RATES.
(a) Protection From Excessive, Unjustified, or Unfairly
Discriminatory Rates.--The first section 2794 of the Public Health
Service Act (42 U.S.C. 300gg-94), as added by section 1003 of the
Patient Protection and Affordable Care Act (Public Law 111-148), is
amended by adding at the end the following new subsection:
``(e) Protection From Excessive, Unjustified, or Unfairly
Discriminatory Rates.--
``(1) Authority of states.--Nothing in this section shall
be construed to prohibit a State from imposing requirements
(including requirements relating to rate review standards and
procedures and information reporting) on health insurance
issuers with respect to rates that are in addition to the
requirements of this section and are more protective of
consumers than such requirements.
``(2) Consultation in rate review process.--In carrying out
this section, the Secretary shall consult with the National
Association of Insurance Commissioners and consumer groups.
``(3) Determination of who conducts reviews for each
state.--The Secretary shall determine, after the date of
enactment of this section and periodically thereafter, the
following:
``(A) In which markets in each State the State
insurance commissioner or relevant State regulator
shall undertake the corrective actions under paragraph
(4), based on the Secretary's determination that the
State regulator is adequately undertaking and utilizing
such actions in that market.
``(B) In which markets in each State the Secretary
shall undertake the corrective actions under paragraph
(4), in cooperation with the relevant State insurance
commissioner or State regulator, based on the
Secretary's determination that the State is not
adequately undertaking and utilizing such actions in
that market.
``(4) Corrective action for excessive, unjustified, or
unfairly discriminatory rates.--In accordance with the process
established under this section, the Secretary or the relevant
State insurance commissioner or State regulator shall take
corrective actions to ensure that any excessive, unjustified,
or unfairly discriminatory rates are corrected prior to
implementation, or as soon as possible thereafter, through
mechanisms such as--
``(A) denying rates;
``(B) modifying rates; or
``(C) requiring rebates to consumers.
``(5) Noncompliance.--Failure to comply with any corrective
action taken by the Secretary under this subsection may result
in the application of civil monetary penalties under section
2723 and, if the Secretary determines appropriate, make the
plan involved ineligible for classification as a qualified
health plan.''.
(b) Clarification of Regulatory Authority.--Such section is further
amended--
(1) in subsection (a)--
(A) in the heading, by striking ``Premium'' and
inserting ``Rate'';
(B) in paragraph (1), by striking ``unreasonable
increases in premiums'' and inserting ``potentially
excessive, unjustified, or unfairly discriminatory
rates, including premiums,''; and
(C) in paragraph (2)--
(i) by striking ``an unreasonable premium
increase'' and inserting ``a potentially
excessive, unjustified, or unfairly
discriminatory rate'';
(ii) by striking ``the increase'' and
inserting ``the rate''; and
(iii) by striking ``such increases'' and
inserting ``such rates''; and
(2) in subsection (b)--
(A) by striking ``premium increases'' each place it
appears and inserting ``rates''; and
(B) in paragraph (2)(B), by striking ``premium''
and inserting ``rate''.
(c) Conforming Amendments.--Title XXVII of the Public Health
Service Act (42 U.S.C. 300gg et seq.) is amended--
(1) in section 2723 (42 U.S.C. 300gg-22), as redesignated
by the Patient Protection and Affordable Care Act--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``and
section 2794'' after ``this part''; and
(ii) in paragraph (2), by inserting ``or
section 2794'' after ``this part''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``and
section 2794'' after ``this part''; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by
inserting ``or section 2794 that is''
after ``this part''; and
(II) in subparagraph (C)(ii), by
inserting ``or section 2794'' after
``this part''; and
(2) in section 2761 (42 U.S.C. 300gg-61)--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``and
section 2794'' after ``this part''; and
(ii) in paragraph (2)--
(I) by inserting ``or section
2794'' after ``set forth in this
part''; and
(II) by inserting ``and section
2794'' after ``the requirements of this
part''; and
(B) in subsection (b)--
(i) by inserting ``and section 2794'' after
``this part''; and
(ii) by inserting ``and section 2794''
after ``part A''.
(d) Applicability to Grandfathered Plans.--Section 1251(a)(4)(A) of
the Patient Protection and Affordable Care Act (Public Law 111-148), as
added by section 2301 of the Health Care and Education Reconciliation
Act of 2010 (Public Law 111-152), is amended by adding at the end the
following:
``(v) Section 2794 (relating to
reasonableness of rates with respect to health
insurance coverage).''.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act, such sums as may be necessary.
(f) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall be implemented
with respect to health plans beginning not later than January 1, 2017. | Health Insurance Rate Review Act This bill amends the Public Health Service Act to declare that federal requirements that the Department of Health and Human Services (HHS) review unreasonable premium increases in health care coverage do not prohibit a state from imposing additional rate requirements on health insurance issuers that are more protective of consumers. The review is expanded to include all rate increases, not only premium increases. HHS or the relevant state insurance commissioner or state regulator must ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected before, or as soon as possible after, implementation, including through mechanisms such as denying rates, modifying rates, or requiring rebates to consumers. HHS may apply civil monetary penalties to health insurance issuers that fail to comply with a corrective action taken by HHS and may make the plan involved ineligible for classification as a qualified health plan. HHS must determine whether HHS or the state insurance commissioner or regulator will undertake such corrective actions based on whether the state can adequately undertake the actions. This Act applies to health plans grandfathered under the Patient Protection and Affordable Care Act. | Health Insurance Rate Review Act |
TITLE I--VIETNAM VETERANS MEMORIAL EDUCATION CENTER
SEC. 101. EDUCATION CENTER.
Public Law 96-297, as amended (16 U.S.C. 431 note), is further
amended by adding at the end thereof the following:
``sec. 6. education center.
``(a) Authorization.--
``(1) The Vietnam Veterans Memorial Fund, Inc., is
authorized to construct an education center at or near the
Vietnam Veterans Memorial site, subject to the provisions of
this section, in order to better inform and educate the public
about the Vietnam Veterans Memorial.
``(2) The education center may be located above ground or
underground, as determined through the approval process set
forth under the Commemorative Works Act and this Act.
``(3) As used in this section, the term `education center'
or `center' means a building or other structure approved in
accordance with chapter 89 of title 40, United States Code
(commonly referred to as the `Commemorative Works Act') and
this section.
``(b) Application of Commemorative Works Act.--
``(1) The Commemorative Works Act (chapter 89 of title 40,
United States Code) shall apply to the education center, and
the center shall be considered a commemorative work for the
purposes of that Act, except that--
``(A) final approval of the education center shall
not be withheld; and
``(B) the provisions of section 8908(b) of title
40, United States Code, requiring approval by law for
the location of a commemorative work within Area I,
shall not apply.
``(2) Notwithstanding section 8908(c) of title 40, United
States Code (as added by the Commemorative Works Clarification
and Revision Act of 2003), the designation of the Reserve shall
not preclude the approval of a site for the education center
within such area.
``(3) Section 8905(b)(5) of title 40, United States Code
(as added by the Commemorative Works Clarification and Revision
Act of 2003), prohibiting the authorization of a commemorative
work primarily designed as a museum on lands under the
jurisdiction of the Secretary of the Interior within Area I or
East Potomac Park, shall not be construed to deny approval of
the education center.
``(4) The size of the education center shall be limited to
the minimum necessary--
``(A) to provide for appropriate educational and
interpretive functions; and
``(B) to prevent interference or encroachment on
the Vietnam Veterans Memorial and to protect open space
and visual sightlines on the Mall.
``(5) The education center shall be constructed and
landscaped in a manner harmonious with the site of the Vietnam
Veterans Memorial, consistent with the special nature and
sanctity of the Mall.
``(c) Operation and Maintenance.--
``(1) The education center shall be operated and maintained
by the Secretary of the Interior.
``(2) This subsection does not waive section 8906(b) of
title 40, United States Code (as amended by the Commemorative
Works Clarification and Revision Act of 2003), requiring the
donation of funds to offset the costs of perpetual maintenance
and preservation of the commemorative work.
``(d) Funding.--All funds required for the planning, design and
construction of the education center shall be provided by the Vietnam
Veterans Memorial Fund, Inc. No Federal funds shall be used for the
planning, design, or construction of the center.''.
TITLE II--COMMEMORATIVE WORKS ACT AMENDMENTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Commemorative Works Clarification
and Revision Act of 2003''.
SEC. 202. ESTABLISHMENT OF RESERVE.
Section 8908 of title 40, United States Code, is amended by adding
at the end the following:
``(c) Reserve.--After the date of enactment of the Commemorative
Works Clarification and Revision Act of 2003, no commemorative work
shall be located within the Reserve.''.
SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS.
(a) Purposes.--Section 8901(2) of title 40, United States Code, is
amended by striking ``Columbia;'' and inserting ``Columbia and its
environs, and to encourage the location of commemorative works within
the urban fabric of the District of Columbia;''.
(b) Definitions.--Section 8902(a) of title 40, United States Code,
is amended to read as follows:
``(a) Definitions.--In this chapter, the following definitions
apply--
``(1) the term `commemorative work' means any statue,
monument, sculpture, memorial, plaque, inscription, or other
structure or landscape feature, including a garden or memorial
grove, designed to perpetuate in a permanent manner the memory
of an individual, group, event or other significant element of
American history, except that the term does not include any
such item which is located within the interior of a structure
or a structure which is primarily used for other purposes;
``(2) the term `sponsor' means a public agency, and an
individual, group or organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code, and which is authorized
by Congress to establish a commemorative work in the District
of Columbia and its environs;
``(3) the term `Reserve' means the great cross-axis of the
Mall, which generally extends from the United States Capitol to
the Lincoln Memorial, and from the White House to the Jefferson
Memorial, as depicted on the map referenced in paragraph (4);
and
``(4) the term `the District of Columbia and its environs'
means those lands and properties administered by the National
Park Service and the General Services Administration located in
the Reserve, Area I, and Area II as depicted on the map
entitled `Commemorative Areas Washington, DC and Environs',
numbered 869/86501 B, and dated June 24, 2003.''.
(c) Authorization.--Section 8903 of title 40, United States Code,
is amended as follows:
(1) In subsection (b)--
(A) by striking ``work commemorating a lesser
conflict'' and inserting ``work solely commemorating a
limited military engagement'';
(B) by striking ``the event.'' and inserting ``such
war or conflict.''.
(2) In subsection (d)--
(A) by striking ``Consultation with National
Capital Memorial Commission.--'' and inserting
``Consultation with National Capital Memorial Advisory
Commission.--'';
(B) by striking ``House Administration'' and
inserting ``Resources''; and
(C) by inserting ``Advisory'' before
``Commission''; and
(3) Subsection (e) is amended to read as follows:
``(e) Expiration of Legislative Authority.--Any legislative
authority for a commemorative work shall expire at the end of the
seven-year period beginning on the date of the enactment of such
authority, or at the end of the seven-year period beginning on the date
of the enactment of legislative authority to locate the commemorative
work within Area I, if such additional authority has been granted,
unless--
``(1) the Secretary of the Interior or the Administrator of
General Services (as appropriate) has issued a construction
permit for the commemorative work during that period; or
``(2) the Secretary or the Administrator (as appropriate),
in consultation with the National Capital Memorial Advisory
Commission, has made a determination that--
``(A) final design approvals have been obtained
from the National Capital Planning Commission and the
Commission of Fine Arts; and
``(B) 75 percent of the amount estimated to be
required to complete the memorial has been raised.
If these two conditions have been met, the Secretary or the
Administrator (as appropriate) may extend the seven-year legislative
authority for a period not to exceed three years from the date of
expiration. Upon expiration of the legislative authority, any previous
site and design approvals shall also expire.''.
(d) National Capital Memorial Advisory Commission.--Section 8904 of
title 40, United States Code, is amended as follows:
(1) By striking ``Sec. 8904. National Capital Memorial
Commission'' and inserting ``Sec. 8904. National Capital
Memorial Advisory Commission''.
(2) In subsection (a) by striking ``There is a National
Capital Memorial Commission. The membership of the Commission
consists of--'' and inserting ``The National Capital Memorial
Advisory Commission is hereby established and shall include the
following members (or their designees):''.
(3) In subsection (c)--
(A) by inserting ``Advisory'' before
``Commission''; and
(B) by striking ``Services'' and inserting
``Services (as appropriate)''.
(4) In subsection (d) by inserting ``Advisory'' before
``Commission''.
(e) Site and Design Approval.--Section 8905 of title 40, United
States Code, is amended as follows:
(1) In subsection (a)--
(A) by striking ``person'' and inserting
``sponsor'' each place it appears;
(B) by inserting ``Advisory'' before ``Commission''
in paragraph (1); and
(C) by striking ``designs'' and inserting ``design
concepts''.
(2) In subsection (b)--
(A) by striking ``and Administrator'' and inserting
``or Administrator (as appropriate)''; and
(B) in paragraph (2)(B), by striking, ``open space
and existing public use.'' and inserting ``open space,
existing public use, and cultural and natural
resources.''.
(f) Criteria for Issuance of Construction Permit.--Section 8906 of
title 40, United States Code, is amended as follows:
(1) In subsection (a)(3) and (a)(4) by striking ``person''
and inserting ``sponsor''.
(2) By amending subsection (b) to read as follows:
``(b) Donation for Perpetual Maintenance and Preservation.--
``(1) In addition to the criteria described above in
subsection (a), no construction permit shall be issued unless
the sponsor authorized to construct the commemorative work has
donated an amount equal to 10 percent of the total estimated
cost of construction to offset the costs of perpetual
maintenance and preservation of the commemorative work. All
such amounts shall be available for those purposes pursuant to
the provisions of this subsection. The provisions of this
subsection shall not apply in instances when the commemorative
work is constructed by a Department or agency of the Federal
Government and less than 50 percent of the funding for such
work is provided by private sources.
``(2) Notwithstanding any other provision of law, money on
deposit in the Treasury on the date of enactment of this
subsection provided by a sponsor for maintenance pursuant to
this subsection shall be credited to a separate account in the
Treasury.
``(3) Money provided by a sponsor pursuant to the
provisions of this subsection after the date of enactment of
the Commemorative Works Clarification and Revision Act of 2003
shall be credited to a separate account with the National Park
Foundation.
``(4) Upon request, the Secretary of the Treasury or the
National Park Foundation shall make all or a portion of such
moneys available to the Secretary or the Administrator (as
appropriate) for the maintenance of a commemorative work. Under
no circumstances may the Secretary or Administrator request
funds from a separate account exceeding the total money in the
account established under paragraph (2) or (3). The Secretary
and the Administrator shall maintain an inventory of funds
available for such purposes. Funds provided under this
paragraph shall be available without further appropriation and
shall remain available until expended.''.
(g) Areas I and II.--Section 8908(a) of title 40, United States
Code, is amended--
(1) by striking ``Secretary of the Interior and
Administrator of General Services'' and inserting ``Secretary
of the Interior or the Administrator of General Services (as
appropriate)''; and
(2) by striking ``numbered 869/86581, and dated May 1,
1986.'' and inserting ``entitled `Commemorative Areas
Washington, DC and Environs', numbered 869/86501 B, and dated
June 24, 2003.''.
SEC. 204. SITE AND DESIGN CRITERIA.
Section 8905 of title 40, United States Code, is further amended by
adding the following new paragraphs to subsection (b):
``(5) Museums.--No commemorative work primarily designed as
a museum may be located on lands under the jurisdiction of the
Secretary in Area I or in East Potomac Park as depicted on the
map referenced in section 8902(4).
``(6) Site-specific guidelines.--The National Capital
Planning Commission and the Commission of Fine Arts may develop
such criteria or guidelines specific to each site that are
mutually agreed upon to ensure that the design of the
commemorative work carries out the purposes of this Act.
``(7) Donor contributions.--Donor contributions to
commemorative works shall not be acknowledged in any manner as
part of the commemorative work or its site.''.
SEC. 205. NO EFFECT ON PREVIOUSLY APPROVED SITES.
Nothing in this title shall apply to a commemorative work for which
a site was approved in accordance with the Commemorative Works Act
prior to the date of enactment of this title.
SEC. 206. NATIONAL PARK SERVICE REPORTS.
Within six months after the date of enactment of this title, the
Secretary of the Interior, in consultation with the National Capital
Planning Commission and the Commission of Fine Arts, shall submit to
the Committee on Energy and Natural Resources of the United States
Senate, and to the Committee on Resources of the United States House of
Representatives reports setting forth plans for the following:
(1) To relocate the National Park Service's stable and
maintenance facilities that are within the Reserve as
expeditiously as possible.
(2) To relocate, redesign or otherwise alter the concession
facilities that are within the Reserve to the extent necessary
to make them compatible with the Reserve's character.
(3) To limit the sale or distribution of permitted
merchandise to those areas where such activities are less
intrusive upon the Reserve, and to relocate any existing sale
or distribution structures that would otherwise be inconsistent
with the plan.
(4) To make other appropriate changes, if any, to protect
the character of the Reserve.
Passed the Senate July 17, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | Title I: Vietnam Veterans Memorial Education Center - Authorizes the Vietnam Veterans Memorial Fund, Inc., to construct at or near the Vietnam Veterans Memorial site an education center for informing and educating the public about the Memorial. Considers the Center a commemorative work, but waives location and final approval requirements.
Requires the center size to be limited to the minimum necessary to: (1) provide for appropriate educational and interpretive functions; (2) prevent interference with or encroachment on the Memorial; and (3) protect open space and visual sightlines on the Mall.
Requires the center to be operated and maintained by the Secretary of the Interior. Prohibits the use of Federal funds for center planning, design, or construction.
Title II: Commemorative Works Act Amendments - Commemorative Works Clarification and Revision Act of 2003 - Prohibits the location of any commemorative work (work) within the Reserve (defined as the great cross-axis area of the Mall in the District of Columbia, which generally extends from the U.S. Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial) after enactment of this Act.
Revises conditions which must be met in order to extend the legislative authority for a work in the District beyond its normal seven-year limit to include determinations of the Secretary and the Administrator of General Services that final design approvals have been obtained from the National Capital Planning Commission (NCPC) and the Commission of Fine Arts (CFA), and that 75 percent of the amount estimated to be required to complete the memorial has been raised, in which case the seven-year authority may be extended for not to exceed three years.
Redesignates the National Capital Memorial Commission as the National Capital Memorial Advisory Commission.
Requires money provided after enactment of this Act by a sponsor of a work to be credited to a separate account with the National Park Foundation.
Prohibits a work primarily designed as a museum from being located on lands under the jurisdiction of the Secretary in Area I or in East Potomac Park. Authorizes the NCPC and the CFA to develop criteria specific to each site to ensure that the design of a work meets specified comparability requirements. Prohibits donor contributions to works from being acknowledged in any manner as part of the work or site.
Requires the Secretary to report to specified congressional committees concerning the relocation of stable, maintenance, and concession facilities that are within the Reserve, as well as on limitations on the sale or distribution of permitted merchandise. | A bill to authorize construction of an education center at or near the Vietnam Veterans Memorial. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hazard Mitigation and Flood Damage
Reduction Act of 1993''.
SEC. 2. HAZARD MITIGATION.
(a) Federal Share.--Section 404 of The Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by
striking ``50 percent'' and inserting ``75 percent''.
(b) Total Contributions.--Section 404 of such Act is further
amended by striking ``10 percent'' and all that follows through the
period and inserting ``15 percent of the estimated aggregate amounts of
grants to be made under this Act (less administrative costs) with
respect to such major disaster.''.
(c) Applicability.--The amendments made by this section shall apply
to any major disaster declared on or after June 10, 1993.
SEC. 3. PROPERTY ACQUISITION AND RELOCATION ASSISTANCE.
Section 404 of The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is further amended--
(1) by inserting ``(a) In General.--'' before ``The
President''; and
(2) by adding at the end the following:
``(b) Property Acquisition and Relocation Assistance.--
``(1) General authority.--In providing hazard mitigation
assistance under this section in connection with flooding, the
Director of the Federal Emergency Management Agency may provide
property acquisition and relocation assistance for projects
which meet the requirements of paragraph (2).
``(2) Terms and conditions.--An acquisition or relocation
project shall be eligible for funding pursuant to paragraph (1)
only if--
``(A) the recipient of such funding is an applicant
otherwise eligible under the hazard mitigation grant
program established under subsection (a); and
``(B) the recipient of such funding enters into an
agreement with the Director under which the recipient
provides assurances that--
``(i) properties acquired, accepted, or
from which structures will be removed under the
project will be dedicated and maintained in
perpetuity to uses which are compatible with
open space, recreational, or wetlands
management practices;
``(ii) new structures will not be erected
in designated special flood hazard areas other
than (I) public facilities which are open on
all sides and functionally related to a
designated open space, (II) rest rooms, and
(III) structures which are approved in writing
before the start of construction by the
Director; and
``(iii) no future disaster assistance for
damages relating to flooding will be sought
from or provided by any Federal source for any
property acquired or accepted under the
acquisition or relocation project.''.
SEC. 4. FLOOD CONTROL AND FLOODPLAIN MANAGEMENT POLICIES.
(a) Studies.--The Secretary of the Army shall conduct studies to
assess national flood control and floodplain management policies.
(b) Contents.--The studies conducted under this section shall--
(1) identify critical water, sewer, transportation, and
other essential public facilities which currently face
unacceptable flood risks;
(2) identify high priority industrial, petrochemical,
hazardous waste, and other facilities which require additional
flood protection due to the special health and safety risks
caused by flooding;
(3) evaluate current Federal, State, and local floodplain
management requirements for infrastructure improvements and
other development in the floodplain and recommend changes to
reduce the potential loss of life, property damage, economic
losses, and threats to health and safety caused by flooding;
(4) assess the adequacy and consistency of existing
policies on nonstructural flood control and damage prevention
measures and, where appropriate, identify incentives and
opportunities for greater use of such nonstructural measures;
(5) identify incentives and opportunities for environmental
restoration as a component of the Nation's flood control and
floodplain management policies;
(6) examine the differences in Federal cost-sharing for
construction and maintenance of flood control projects on the
Upper and Lower Mississippi River systems and assess the effect
of such differences on the level of flood protection on the
Upper Mississippi River and its tributaries; and
(7) assess current Federal policies on pre-event repair and
maintenance of both Federal and non-Federal levees and
recommend Federal and non-Federal actions to help prevent the
failure of these levees during flooding.
(c) Consultation.--In conducting studies under this section, the
Secretary of the Army shall consult the heads of appropriate Federal
agencies, representatives of State and local governments, the
agricultural community, the inland waterways transportation industry,
environmental organizations, recreational interests, experts in river
hydrology and floodplain management, other business and commercial
interests, and other appropriate persons.
(d) Report.--Not later than June 30, 1995, the Secretary of the
Army shall transmit to Congress a report on the results of the studies
conducted under this section.
SEC. 5. FLOOD CONTROL MEASURES ON UPPER MISSISSIPPI AND LOWER MISSOURI
RIVERS AND THEIR TRIBUTARIES.
(a) Studies.--The Secretary of the Army shall conduct studies of
the Upper Mississippi River and Lower Missouri River and their
tributaries to identify potential solutions to flooding problems in
such areas and to recommend specific water resources projects that
would result in economically and environmentally justified flood damage
reduction measures in such areas.
(b) Contents.--The studies conducted under this section shall--
(1) reflect public input;
(2) include establishment of baseline conditions to allow
for a full assessment of economic and environmental costs and
benefits associated with flood damage reduction projects and
changes in land use patterns;
(3) identify options for development of comprehensive
solutions for improved long-term flood plain management;
(4) identify feasibility studies of specific projects or
programs that are likely to improve flood damage reduction
capabilities;
(5) assess the impact of the current system of levees and
flood control projects and current watershed management and
land use practices on the flood levels experienced on the Upper
Mississippi River and Lower Missouri River and their
tributaries in 1993 and evaluate the cost-effectiveness of a
full range of alternative flood damage reduction measures,
including structural and nonstructural measures, such as the
preservation and restoration of wetlands;
(6) recommend flood control improvements and other flood
damage reduction measures to reduce economic losses, damage to
public facilities, and the release of hazardous materials from
industrial, petrochemical, hazardous waste, and other
facilities caused by flooding of the Upper Mississippi River
and Lower Missouri River and their tributaries; and
(7) assess the environmental impact of current flood
control measures and the flood control improvements recommended
under this section.
(c) Consultation.--In conducting studies under this section, the
Secretary of the Army shall consult the heads of other Federal agencies
with water resources and floodplain management responsibilities.
(d) Report.--Not later than June 30, 1995, the Secretary of the
Army shall transmit to Congress a report on the results of the studies
conducted under this section.
SEC. 6. EMERGENCY RESPONSE.
Section 5(a)(1) of the Act entitled ``An Act authorizing
construction of certain public works on rivers and harbors for flood
control, and for other purposes'', approved August 18, 1941 (33 U.S.C.
701n(a)(1)), is amended by inserting before the first semicolon the
following: ``, or in implementation of nonstructural alternatives to
the repair or restoration of such flood control work if requested by
the non-Federal sponsor''.
SEC. 7. TREATMENT OF REAL PROPERTY BUYOUT PROGRAMS.
(a) Inapplicability of URA.--The purchase of any real property
under a qualified buyout program shall not constitute the making of
Federal financial assistance available to pay all or part of the cost
of a program or project resulting in the acquisition of real property
or in any owner of real property being a displaced person (within the
meaning of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970).
(b) Definition of ``Qualified Buyout Program''.--For purposes of
this section, the term ``qualified buyout program'' means any program
that--
(1) provides for the purchase of only property damaged by
the major, widespread flooding in the Midwest during 1993;
(2) provides for such purchase solely as a result of such
flooding;
(3) provides for such acquisition without the use of the
power of eminent domain and notification to the seller that
acquisition is without the use of such power;
(4) is carried out by or through a State or a unit of
general local government; and
(5) is being assisted with amounts made available for--
(A) disaster relief by the Federal Emergency
Management Agency; or
(B) other Federal financial assistance programs.
Passed the House of Representatives November 15, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Hazard Mitigation and Flood Damage Reduction Act of 1993 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to increase from 50 to 75 percent of the cost of hazard mitigation measures the amount authorized to be contributed by the President when determined to be cost-effective while substantially reducing the damage or loss suffered in a major disaster. Increases the total Federal contributions authorized for such measures to 15 percent of the estimated aggregate amounts of grants to be provided under such Act for such disaster.
Authorizes the Director of the Federal Emergency Management Agency to provide property acquisition and relocation assistance as hazard mitigation measures for projects meeting specified requirements.
Directs the Secretary of the Army to conduct studies: (1) to assess national flood control and floodplain management policies; and (2) of the Upper Mississippi and Lower Missouri rivers and their tributaries to identify potential solutions to flooding problems and to recommend water resource projects that would result in economically and environmentally justified flood damage reduction measures. Requires congressional reports after both studies.
Authorizes Federal natural disaster emergency fund expenditures for implementation of nonstructural alternatives to the repair or restoration of flood control works if requested by the non-Federal sponsor.
States that the purchase of any real property under a qualified buyout program (Government purchases of specified flood-damaged property) shall not constitute Federal assistance resulting in the acquisition of real property or in any owner of real property being a displaced person (for purposes of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970). | Hazard Mitigation and Flood Damage Reduction Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lena Horne Recognition Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Lena Mary Calhoun Horne was born on June 30, 1917, in
Brooklyn, New York. At the age of 16, Lena Horne was hired as a
dancer in the chorus of Harlem's famous Cotton Club, where she
was introduced to such legendary jazz performers as Duke
Ellington, Cab Calloway, Count Basie, Ethel Waters, and Billie
Holiday.
(2) In 1940, she became one of the first African-American
women to perform with an all-White band when she toured with
Charlie Barnet's jazz band as its featured singer.
(3) She was discovered by a Metro-Goldwyn-Mayer (MGM)
talent scout and became the first African-American artist to
sign a long-term contract with a major film studio.
(4) Despite her extraordinary beauty and talent, Lena Horne
was often limited to minor acting roles because of her race.
(5) Scenes in which she did sing were cut out when they
were sent to local distributors in the South and studio
executives cast another actress as Julie in the film version of
``Show Boat'' instead of Lena Horne because they did not want
the show to star an African-American actress.
(6) However, Lena Horne dazzled audiences and critics in a
number of films, including ``Cabin in the Sky'' and ``Stormy
Weather'' before ultimately turning back to a more lucrative,
inclusive career in show business, performing across the nation
in nightclubs and on broadway.
(7) A strong supporter of American troops, during World War
II, Lena Horne toured extensively with the United Service
Organizations (USO) on the West Coast and in the South. She
expressed outrage about the way African-American soldiers were
treated, firmly opposing segregation and discrimination. She
was appalled to find that the military was implementing such
strong measures of separation based on race, and actively
protested performing when she saw that German Prisoners of War
(POWs) were seated ahead of Black servicemen.
(8) In general, Lena refused to sing for segregated
audiences and made it a point to speak out on the issue when
performing before her large crowds of mixed races.
(9) During the period of McCarthyism in the 1950s, Lena
Horne was blacklisted as a communist for 7 years because of her
civil rights activism and friendship with Paul Robeson and
W.E.B. Du Bois.
(10) In 1957, Lena Horne recorded Lena Horne at the
Waldorf-Astoria, which reached the U.S. Billboard Top 10 and
became the best-selling album by a female singer, regardless of
race, in RCA Victor's history.
(11) Lena Horne rose to international stardom and toured
the world, sharing the stage with such names as Count Basie,
Tony Bennett, Billy Eckstine, Vic Damone, and Harry Belafonte,
and also starred in musical and television specials with such
giants as Judy Garland, Bing Crosby, and Frank Sinatra.
(12) Throughout her life, Lena Horne used her fame to
become a powerful voice for civil rights and equality.
(13) In 1963, she participated in the historic March on
Washington for Jobs and Freedom, at which Dr. Martin Luther
King, Jr., delivered his immortal ``I Have a Dream'' speech.
Lena had gained renown respect for her courage in maintaining a
firm stake in the Civil Rights movement, and met President John
F. Kennedy days before his death later that year.
(14) Lena Horne also performed at rallies throughout the
country for the National Council for Negro Women and worked
with the National Association for the Advancement of Colored
People (NAACP), of which she was a member from the age of 2, as
well as the Delta Sigma Theta Sorority, Inc. and National Urban
League.
(15) She would go on to play herself on such staple
American shows as The Muppet Show, Sesame Street, and Sanford
and Son.
(16) Through the end of the 20th century, Lena Horne
continued to entertain large audiences of all ages, races,
ethnicities and backgrounds. In 1981, she captivated audiences
with her one-woman Broadway show,``Lena Horne: The Lady and Her
Music'', which enjoyed a 14-month run before going on tour, and
earned her a special Tony Award and two Grammy Awards. In the
1950s, Lena actually became the first woman to have been
nominated for a Tony Award.
(17) In 2002, 73 years after the Academy Awards were first
awarded, Halle Berry became the first African-American woman to
win an Oscar for Best Actress and recognized in her acceptance
speech how Lena Horne paved the way for her and other African-
American actresses.
(18) Lena Horne passed away in New York City on May 9,
2010, at the age of 92.
(19) Lena Horne was an entertainer, activist, and mother
who used her beauty, talent, and intelligence to fight racial
discrimination and injustice and rise to international stardom.
(20) A symbol of elegance and grace, she entertained people
of all walks of life for over 60 years, and broke barriers for
future generations.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the posthumous presentation, on behalf of
the Congress, of a gold medal of appropriate design in commemoration of
Lena Horne in recognition of her achievements and contributions to
American culture and the civil rights movement.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3, under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Lena Horne Recognition Act Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous presentation of a Congressional Gold Medal in commemoration of Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement. | Lena Horne Recognition Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transit Rail Accommodation
Improvement and Needs Act for the 21st Century''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) modern and efficient fixed guideway transportation is
important to the viability and well-being of metropolitan areas
and to the energy conservation and self-sufficiency goals of
the United States;
(2) public convenience and necessity require the
development of fixed guideway transportation systems in
metropolitan areas presently without such service, and the
expansion of existing systems in metropolitan areas already
receiving such service;
(3) use of existing railroad trackage and rights-of-way in
and around metropolitan areas provides a unique and valuable
opportunity for the development and expansion of fixed guideway
transportation facilities with a minimum of disruption to the
environment and the surrounding community; and
(4) voluntary negotiations between mass transportation
authorities and rail carriers regarding shared use of existing
railroad trackage and rights-of-way have not been adequate to
ensure the development of sound and efficient fixed guideway
transportation systems.
SEC. 3. RAIL TRANSIT ACCESS.
(a) Amendment.--Part E of subtitle V of title 49, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 285--RAIL TRANSIT ACCESS
``Sec.
``28501. Definitions.
``28502. Shared use of rail carrier trackage by mass transportation
authorities.
``28503. Shared use of rail rights-of-way by mass transportation
authorities.
``28504. Applicability of other laws.
``28505. Standards for Board action.
``Sec. 28501. Definitions
``In this chapter--
``(1) the term `Board' means the Surface Transportation
Board;
``(2) the term `capital work' means maintenance,
restoration, reconstruction, capacity enhancement, or
rehabilitation work on trackage that would be treated, in
accordance with generally accepted accounting principles, as a
capital item rather than an expense;
``(3) the term `fixed guideway transportation' means mass
transportation (as defined in section 5302(a)(7)) provided on,
by, or using a fixed guideway (as defined in section
5302(a)(4));
``(4) the term `mass transportation authority' means a
local governmental authority (as defined in section 5302(a)(6))
established to provide, or make a contract providing for, fixed
guideway transportation;
``(5) the term `rail carrier' means a person, other than a
governmental authority, providing common carrier railroad
transportation for compensation subject to the jurisdiction of
the Board under chapter 105;
``(6) the term `segregated fixed guideway facility' means a
fixed guideway facility constructed within the railroad right-
of-way of a rail carrier but physically separate from trackage,
including relocated trackage, within the right-of-way used by a
rail carrier for freight transportation purposes; and
``(7) the term `trackage' means a railroad line of a rail
carrier, including a spur, industrial, team, switching, side,
yard, or station track, and a facility of a rail carrier.
``Sec. 28502. Shared use of rail carrier trackage by mass
transportation authorities
``(a) Authority.--If, after negotiation, a mass transportation
authority cannot reach agreement with a rail carrier to use trackage
of, and have related services provided by, the rail carrier for
purposes of fixed guideway transportation, the Board shall, upon
application of the mass transportation authority or the rail carrier,
and if the Board finds it necessary or useful to carry out this
chapter--
``(1) order that the trackage be made available and the
related services be provided to the mass transportation
authority; and
``(2) prescribe reasonable terms and compensation for use
of the trackage and provision of the related services,
including the performance of capital work if the mass
transportation authority has demonstrated that such capital
work is required for efficient and reliable passenger
operations on the trackage to be used.
``(b) Standard for Compensation; Quality of Service.--When
prescribing reasonable compensation under subsection (a)(2), the Board
shall consider alternative cost allocation principles, including
incremental cost and fully allocated cost, under rules promulgated by
the Board within 6 months after the date of the enactment of the
Transit Rail Accommodation Improvement and Needs Act for the 21st
Century. The Board shall consider quality of service by the rail
carrier as a major factor when determining compensation for the use of
the trackage and providing the related services.
``(c) Terms of Operation.--When prescribing reasonable terms under
subsection (a)(2), the Board may prescribe the number of trains that
may be operated by or for the mass transportation authority, the speeds
at which such trains may be operated, and the trackage maintenance
levels to be provided by the rail carrier.
``(d) Additional Trains.--When a rail carrier and a mass
transportation authority cannot agree to terms for the operation of
additional trains by or for a mass transportation authority over a rail
line of the carrier, the mass transportation authority or the rail
carrier may apply to the Board for an order establishing such terms. If
the Board finds it reasonable to carry out this chapter, the Board
shall order the rail carrier to allow operation of the requested
additional trains on such terms as the Board finds reasonable under the
circumstances.
``(e) Trackage Maintenance.--If a mass transportation authority
believes that maintenance or related capital work of trackage operated
by or for the mass transportation authority has fallen below a
necessary level to maintain reliable service at speeds necessary to
provide convenient and efficient mass transportation service, the mass
transportation authority may, after notice to the rail carrier and a
sufficient period for maintenance or related capital work improvements,
apply to the Board for an order requiring the rail carrier to provide
increased or improved maintenance or related capital work on the
trackage. If the Board finds it reasonable to carry out this part, the
Board shall order the rail carrier to provide such increased or
improved maintenance or related capital work as the Board finds
reasonable under the circumstances. The remedy available under this
subsection shall be in addition to any contract rights that a mass
transportation authority may possess with respect to trackage
maintenance or related capital work.
``(f) Accelerated Speeds.--If a rail carrier refuses to allow
accelerated speeds for trains operated by or for a mass transportation
authority, the mass transportation authority may apply to the Board for
an order requiring the rail carrier to allow the accelerated speeds and
related capital work required to permit operation at the accelerated
speeds. The Board shall decide whether accelerated speeds are
practicable and which capital work would be required to make
accelerated speeds practicable. The Board shall establish the maximum
allowable speeds for trains operated by or for a mass transportation
authority on terms the Board decides are reasonable.
``(g) Preference Over Freight Transportation.--Except in an
emergency, fixed guideway transportation provided by or for a mass
transportation authority pursuant to an order issued under subsection
(a) has preference over freight transportation in using a rail line,
junction, or crossing unless the Board orders otherwise under this
chapter. A rail carrier affected by this subsection may apply to the
Board for relief. If the Board decides that preference for fixed
guideway transportation materially will lessen the quality of freight
transportation provided to shippers, the Board shall establish the
rights of the rail carrier and the mass transportation authority on
reasonable terms.
``(h) Final Determination.--The Board shall make a determination
under this section not later than 120 days after a mass transportation
authority or a rail carrier submits an application to the Board.
``Sec. 28503. Shared use of rail rights-of-way by mass transportation
authorities
``(a) General Authority.--If, after negotiation, a mass
transportation authority cannot reach agreement with a rail carrier to
acquire an interest in a railroad right-of-way for the construction and
operation of a segregated fixed guideway facility, the mass
transportation authority may apply to the Board for an order requiring
the rail carrier to convey an interest to the authority. The Board, not
later than 120 days after receiving the application, shall order the
interest conveyed if--
``(1) the mass transportation authority assumes a
reasonable allocation of costs associated with any necessary
relocation of a rail carrier's trackage within the right-of-way; and
``(2) the fixed guideway transportation purpose of the
proposed segregated fixed guideway facility cannot be met
adequately at a reasonable cost by acquiring an interest in
other property.
``(b) Compensation and Terms.--A conveyance ordered by the Board
under this section shall be subject to the payment of just compensation
and to such other reasonable terms as the Board may prescribe.
``Sec. 28504. Applicability of other laws
``(a) Board Review or Approval.--Operations or conveyances
undertaken pursuant to an order issued under section 28502 or 28503 are
not subject to Board review or approval under subtitle IV of this title
unless the Board, on a case-by-case basis, has determined that the mass
transportation authority has assumed rights or obligations under such
order to provide transportation subject to the jurisdiction of the
Board under chapter 105.
``(b) Contractual Obligations for Claims.--Nothing in this chapter
shall be construed to limit a rail transportation provider's right
under section 28103(b) to enter into contracts that allocate financial
responsibility for claims.
``Sec. 28505. Standards for Board action
``In proceedings under sections 28502 and 28503 the Board shall
utilize, to the extent relevant and feasible, the principles,
standards, and precedents utilized in proceedings under sections 24308
and 24311(c) involving the National Railroad Passenger Corporation.''.
(b) Conforming Amendments.--
(1) Limitations on rail passenger transportation
liability.--Section 28103(a) of title 49, United States Code,
is amended by inserting ``or other fixed guideway
transportation'' after ``commuter''.
(2) Table of chapters.--The table of chapters of subtitle V
of title 49, United States Code, is amended by adding after the
item relating to chapter 283 the following new item:
``285. RAIL TRANSIT ACCESS.................................. 28501''.
SEC. 4. RAIL TRANSPORTATION POLICY.
Section 10101 of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (14);
(2) by striking the period at the end of paragraph (15) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(16) to encourage and promote the operation of safe,
efficient, and reliable commuter rail passenger service and
other fixed guideway transportation systems, including
operations where the service will share lines, corridors, or
other facilities with freight railroads or with intercity rail
passenger service.''. | Transit Rail Accommodation Improvement and Needs Act for the 21st Century - Amends Federal rail transportation law with respect to a situation where, after negotiation, a mass transportation authority cannot reach agreement with a rail carrier to use its trackage, and have it provide related services, for fixed guideway transportation. Requires the Surface Transportation Board, upon application by the authority or the carrier, and if necessary or useful, to: (1) order the trackage be made available and related services be provided to the mass transportation authority; and (2) prescribe reasonable terms and compensation for use of the trackage and the related services.Authorizes the mass transportation authority, when it cannot reach agreement with the rail carrier, to apply to the Board for an order requiring the carrier to: (1) establish terms for operation of additional trains the authority requests; (2) provide increased or improved maintenance or related capital work on trackage to maintain reliable service at speeds necessary to provide convenient and efficient mass transportation; (3) allow accelerated speeds and related capital work required to permit operation at accelerated speeds; and (4) convey an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility to the authority.Revises rail transportation policy to declare it is U.S. policy to encourage and promote the operation of safe, efficient, and reliable commuter rail passenger service and other fixed guideway transportation systems, including operations where the service will share lines, corridors, or other facilities with freight railroads or with intercity rail passenger service. | To designate the Surface Transportation Board as a forum to improve passenger rail and other fixed guideway passenger transportation by allowing improved access to freight track and rights-of-way for fixed guideway transportation in consideration for just and reasonable compensation to freight railroads. |
SECTION 1. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the Martin Luther King, Junior, Historic Site and
Preservation District is one of the most significant places in
the country dedicated to African-American history;
(2) the Martin Luther King, Junior, Historic Site and
Preservation District receives the largest number of visitors
compared to any other historic site in the State of Georgia and
is the 3rd most visited historic site in the National Park
Service in the country;
(3) the lack of a comprehensive, international context
within which to interpret African-American history and culture
impedes the ability of all Americans, particularly African-
Americans, to understand themselves and their relationship to
America's past and its future;
(4) African-American history is complex and requires the
integration of diverse experiences of African-Americans ranging
from slavery and freedom--to cultural, scientific and athletic
endeavors, through the continued struggles for full
participation in our society--to reinforce the positive self-
image of African-Americans and to develop pride in their past
and hope for their future;
(5) the expansion of a national museum on African-American
history and culture, which will include a wide array of
collections from an eclectic group of African-Americans, will
help all Americans, and those who visit our country from
abroad, better understand and appreciate the significant
contributions made by African-Americans to American as well as
world history;
(6) the African-American Panoramic Experience Museum is
located in Atlanta, Georgia, at the gateway to and part of the
Martin Luther King, Junior, Historic Site and Preservation
District. The APEX houses its own African-American Collection
and is the site of exhibitions on African-American art and
culture;
(7) the Atlanta Fulton County African American Research
Library, under construction adjacent to The APEX, is designated
by Fulton County to serve as the primary location in the
Atlanta region for conducting research related to African-
American studies and for fostering academic research
initiatives on African-American history and culture.
SEC. 2. REHABILITATION AND EXPANSION OF THE APEX (AFRICAN AMERICAN
PANORAMIC EXPERIENCE) CENTER.
(a) Rehabilitation.--The Secretary is authorized to make a grant to
the Collections of Life and Heritage, Inc., a nonprofit corporation of
The APEX, to rehabilitate their present facility, The APEX, in order to
``complement and enhance the District (the Martin Luther King, Junior,
Historic Site and Preservation District) and the purposes for which the
District is established (Public Law 96-428; 94 Stat. 1842; Sec.
4(c)(3)). The APEX is located in Atlanta, Georgia, at 135 Auburn
Avenue, N.E., the gateway to the Martin Luther King, Junior, Historic
Site and Preservation District.
(b) Expansion.--To enhance the presentation and preservation of the
significant contributions of African-Americans to the history and
culture of America, the Secretary shall make a grant to the Collections
of Life and Heritage, Inc., a nonprofit corporation of The Apex, to
expand their present facility.
(c) Requirements for Grant.--A grant may not be made under
subsection (a) unless an application is made to the Secretary at such
time and in such manner as the Secretary may require. The application
shall include provisions designed to ensure that--
(1) the first floor of the expanded facility (The APEX II)
can serve as a visitors center for the Martin Luther King,
Junior, Historic Site and Preservation District and the
surrounding National Park Service parks, to provide an
orientation to the sites, activities, and services created to
enhance their educational experience; and
(2) the facility will serve as an international center to
showcase the historical, intellectual, cultural, artistic,
scientific, and athletic achievements of African-Americans
through galleries, exhibitions, multivideo presentations and an
archive collection filled with artifacts and memorabilia that
reflect African and African-American life.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``APEX'' means the African American Panoramic
Experience Museum located in Atlanta, Georgia;
(2) the term ``Center'' means The African American
Panoramic Experience (APEX) Center; and
(3) the term ``Secretary'' means the Secretary of the
Interior.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are authorized to be appropriated $12,500,000 to
the Secretary for fiscal year 1994 to rehabilitate and expand The APEX.
(b) Availability of Funds.--Funds appropriated pursuant to the
authority of subsection (a) shall remain available until expended. | Authorizes the Secretary of the Interior to make grants to the Collections of Life and Heritage, Inc., a nonprofit corporation of the African-American Panoramic Experience Museum in Atlanta, Georgia, to rehabilitate and expand their present facility.
Authorizes appropriations. | To authorize the rehabilitation and expansion of The African American Panoramic Experience Center within the Martin Luther King, Junior, Historic Site and Preservation District. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsibility in Drug Advertising
Act of 2005''.
SEC. 2. DIRECT-TO-CONSUMER DRUG ADVERTISING.
The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is
amended--
(1) in section 301, by adding at the end the following:
``(hh) The conduct of direct-to-consumer advertising of a drug in
violation of section 506D.''; and
(2) in chapter V, by inserting after section 506C the
following:
``SEC. 506D. DIRECT-TO-CONSUMER DRUG ADVERTISING.
``(a) Prohibitions.--
``(1) First three years.--
``(A) In general.--Subject to subparagraph (B), no
person shall conduct direct-to-consumer advertising of
a drug for which an application is submitted under
section 505(b) before the end of the 3-year period
beginning on the date of the approval of such
application.
``(B) Waiver.--The Secretary may waive the
application of subparagraph (A) to a drug during the
third year of the 3-year period described in such
subparagraph if--
``(i) the sponsor of the drug submits an
application to the Secretary pursuant to
subparagraph (C); and
``(ii) the Secretary, after considering the
application and any accompanying materials,
determines that direct-to-consumer advertising
of the drug would have an affirmative value to
public health.
``(C) Application for waiver.--To seek a waiver
under subparagraph (B), the sponsor of a drug shall
submit an application to the Secretary at such time, in
such manner, and containing such information as the
Secretary may require.
``(2) Subsequent years.--The Secretary may prohibit direct-
to-consumer advertising of a drug during the period beginning
at the end of the 3-year period described in paragraph (1)(A)
if the Secretary determines that the drug has significant
adverse health effects based on post-approval studies, risk-
benefit analyses, adverse event reports, the scientific
literature, any clinical or observational studies, or any other
appropriate resource.
``(b) Regulations.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall revise the regulations
promulgated under this Act governing drug advertisements to the extent
necessary to implement this section.
``(c) Rule of Construction.--This section shall not be construed to
diminish the authority of the Secretary to prohibit or regulate direct-
to-consumer advertising of drugs under other provisions of law.
``(d) Effective Date.--This section applies only with respect to a
drug for which an application submitted under section 505(b) is
approved on or after the date that is 1 year before the date of the
enactment of this section.''.
SEC. 3. PROMINENT DISPLAY OF INFORMATION IN ADVERTISING ON SIDE
EFFECTS, CONTRAINDICATIONS, AND EFFECTIVENESS.
(a) Requirement.--Paragraph (3) of section 502(n) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 352(n)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii); and
(2) by striking ``such other information'' and all that
follows through ``which shall be issued by'' and inserting
``such other information in brief summary relating to side
effects, contraindications, and effectiveness as shall be
required in regulations which (A) shall require such
information to be prominently displayed in terms of font size
and location and (B) shall be issued by''.
(b) Effective Date.--The amendment made by this section applies
with respect to any advertisement or other descriptive printed matter
that is issued or caused to be issued on or after the date that is 90
days after the enactment of this Act. Not later than such date, the
Secretary shall revise any regulations promulgated pursuant to
subsection (n) of section 503 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 352) to the extent necessary to implement this section.
SEC. 4. CIVIL PENALTY.
Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
333) is amended by adding at the end the following:
``(g) Drug Advertising and Promotion.--
``(1) Civil penalty.--
``(A) In general.--Any manufacturer, packer, or
distributor of a drug who violates section 505(n),
section 506D, or any other requirement of this Act
relating to the advertising or promotion of the drug
shall be subject to a civil penalty in an amount not to
exceed--
``(i) in the case of the first such
violation by the manufacturer, packer, or
distributor relating to the drug, $250,000; and
``(ii) in the case of each subsequent
violation by the manufacturer, packer, or
distributor relating to the drug, an amount
that is twice the amount of the maximum civil
penalty applicable under this subparagraph to
the previous violation.
``(B) Procedure.--Paragraphs (3) through (5) of
subsection (f) shall apply with respect to a civil
penalty under subparagraph (A) to the same extent and
in the same manner as those paragraphs apply with
respect to a civil penalty under paragraph (1) or (2)
of subsection (f).
``(2) Distribution of materials.--If the Secretary finds
that a person committed a violation described in paragraph
(1)(A), the Secretary may order the person to distribute
materials in the same markets in which the violative
advertisement or promotional material was distributed in a
manner designed to notify the public and the medical community
of the violation and to provide corrective information.
``(3) Separate offense.--For purposes of imposing a civil
penalty under this subsection, each violation described in
paragraph (1)(A), including each distribution of a direct-to-
consumer advertisement in violation of section 506A, shall
constitute a separate offense.
``(4) Relation to other penalties.--A civil penalty under
paragraph (1) and an order under paragraph (2) shall be in
addition to any other penalty applicable under this Act or
other law to the violation involved.''.
SEC. 5. ORDER REQUIRING POSTMARKET CHANGE IN LABELING.
The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is
amended--
(1) in section 502, by adding at the end the following:
``(x) If it is a drug and its labeling fails to comply with an
order issued pursuant to section 506E, or the manufacturer of the drug
fails to provide notification to physicians as required by the
Secretary pursuant to such section.''; and
(2) by inserting after section 506D, as added by section 2,
the following:
``SEC. 506E. POSTMARKET CHANGE IN LABELING.
``(a) In General.--In the case of any drug for which an approval of
an application submitted under section 505(b) or (j) is in effect, the
Secretary may require by order that information, including specific
wording, be included in the labeling of a drug on the basis that such
information is necessary to ensure the safe and effective use of the
drug.
``(b) Notification.--If the Secretary issues an order described in
subsection (a), the Secretary may require the manufacturer of the drug
involved to notify the public and the medical community of the labeling
change.''.
SEC. 6. PUBLIC EDUCATION CAMPAIGN ON RISKS OF CERTAIN DRUGS.
The Secretary of Health and Human Services shall conduct an
education campaign to increase public awareness of risks that, for some
patients, may outweigh the benefits of using a particular drug, whether
such risks are known at the time of the approval of the drug or become
known after the approval of the drug.
SEC. 7. ADDITIONAL FUNDING FOR REGULATION OF DIRECT-TO-CONSUMER DRUG
ADVERTISING.
There are authorized to be appropriated to the Food and Drug
Administration $2,500,000 for each of fiscal years 2007 and 2008 for
the purpose of regulating direct-to-consumer drug advertisements,
including by carrying out the amendments made by section 2. The
authorization of appropriations in the preceding sentence is in
addition to any other authorization of appropriations for such purpose. | Responsibility in Drug Advertising Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit any person from conducting direct-to-consumer advertising of a prescription drug for three years after approval of such drug.
Allows the Secretary of Health and Human Services to: (1) waive such prohibition if such advertising will have an affirmative value to public health; or (2) extend such prohibition for subsequent years if the drug has significant adverse effects.
Provides for civil penalties for violations relating to prescription drug advertisement or promotion. Allows the Secretary to require distribution of corrective information to notify the public and medical community of the violation.
Allows the Secretary to: (1) require information to be included in the labeling of a drug if such information is necessary to ensure the safe and effective use of the drug; and (2) require the manufacturer of a drug to notify the public and the medical community of the labeling change. Deems a drug to be misbranded if such labeling or notification requirements are not met.
Requires the Secretary to conduct an education campaign to increase public awareness of risks that may outweigh the benefits of using a particular drug, whether such risks are known at the time of the approval of the drug or become known later. | To amend the Federal Food, Drug, and Cosmetic Act with respect to drug advertising, and for other purposes. |
SECTION 1. PREVENTION OF DISCRIMINATION DURING AND AT THE CONCLUSION OF
LABOR DISPUTES.
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended--
(1) in subsection (a)--
(A) by striking the period at the end of paragraph
(5) and inserting ``; or''; and
(B) by adding at the end thereof the following new
paragraph:
``(6) subject to subsection (h), to promise, threaten, or
take other action--
``(A) to hire a permanent replacement for an
employee who--
``(i) at the commencement of a labor
dispute was an employee of the employer in a
bargaining unit in which a labor organization
was the certified or recognized exclusive
representative or, on the basis of written
authorizations by a majority of the unit
employees, was seeking to be so certified or
recognized; and
``(ii) in connection with that dispute has
engaged in concerted activities for the purpose
of collective bargaining or other mutual aid or
protection through that labor organization; or
``(B) to withhold or deny any other employment
right or privilege to an employee, who meets the
criteria of clauses (i) and (ii) of subparagraph (A)
and who is working for or has unconditionally offered
to return to work for the employer, out of a preference
for any other individual that is based on the fact that
the individual is performing, has performed, or has
indicated a willingness to perform bargaining unit work
for the employer during the labor dispute.''; and
(2) by adding at the end thereof the following new
subsection:
``(h)(1) An employer may not hire a permanent replacement for an
employee described in subsection (a)(6) unless the employer complies
with the requirements under paragraph (2).
``(2)(A) An employer may hire a permanent replacement for an
employee described in subsection (a)(6)(A) during the period beginning
61 days after the date of the commencement of a dispute described in
subsection (a)(6) and ending 90 days after the date of such
commencement. The total number of replacements made under this
subsection during such period shall not exceed 10 percent of the total
number of employees who were in the bargaining unit described in
subsection (a)(6)(A)(i) on the date of the commencement of the dispute.
``(B) An employer may hire a permanent replacement for an employee
described in subsection (a)(6)(A) during the period beginning 91 days
after the date of the commencement of a dispute described in subsection
(a)(6) and ending 120 days after the date of such commencement. The
total number of replacements made under this subsection during such
period shall not exceed 20 percent of the total number of employees who
were in the bargaining unit described in subsection (a)(6)(A)(i) on the
date of the commencement of the dispute.
``(C) An employer may hire a permanent replacement for an employee
described in subsection (a)(6)(A) during the period beginning 121 days
after the date of the commencement of a dispute described in subsection
(a)(6) and ending 150 days after the date of such commencement. The
total number of replacements made under this subsection during such
period shall not exceed 30 percent of the total number of employees who
were in the bargaining unit described in subsection (a)(6)(A)(i) on the
date of the commencement of the dispute.
``(D) An employer may hire a permanent replacement for an employee
described in subsection (a)(6)(A) during the period beginning 151 days
after the date of the commencement of a dispute described in subsection
(a)(6) and ending 180 days after the date of such commencement. The
total number of replacements made under this subsection during such
period shall not exceed 40 percent of the total number of employees who
were in the bargaining unit described in subsection (a)(6)(A)(i) on the
date of the commencement of the dispute.
``(E) An employer may hire a permanent replacement for an employee
described in subsection (a)(6)(A) during the period beginning 181 days
after the date of the commencement of a dispute described in subsection
(a)(6) and ending 270 days after the date of such commencement. The
total number of replacements made under this subsection during such
period shall not exceed 50 percent of the total number of employees who
were in the bargaining unit described in subsection (a)(6)(A)(i) on the
date of the commencement of the dispute.
``(F) An employer may hire a permanent replacement for an employee
described in subsection (a)(6)(A) during the period beginning 271 days
after the date of the commencement of a dispute described in subsection
(a)(6) and ending 360 days after the date of such commencement. The
total number of replacements made under this subsection during such
period shall not exceed 75 percent of the total number of employees who
were in the bargaining unit described in subsection (a)(6)(A)(i) on the
date of the commencement of the dispute.
``(G) An employer may hire a permanent replacement for an employee
described in subsection (a)(6)(A) effective 361 days after the date of
the commencement of a dispute described in subsection (a)(6).''.
SEC. 2. PREVENTION OF DISCRIMINATION DURING AND AT THE CONCLUSION OF
RAILWAY LABOR DISPUTES.
Paragraph Fourth of section 2 of the Railway Labor Act (45 U.S.C.
152) is amended--
(1) by inserting ``(a)'' after ``Fourth.'';
(2) by adding at the end thereof the following new
subsections:
``(b) Subject to subsection (c), no carrier, or officer or agent of
the carrier, shall promise, threaten or take other action--
``(1) to hire a permanent replacement for an employee who--
``(A) at the commencement of a dispute was an
employee of the carrier in a craft or class in which a
labor organization was the designated or authorized
representative or, on the basis of written
authorizations by a majority of the craft or class, was
seeking to be so designated or authorized; and
``(B) in connection with that dispute has exercised
the right to join, to organize, to assist in
organizing, or to bargain collectively through that
labor organization; or
``(2) to withhold or deny any other employment right or
privilege to an employee, who meets the criteria of
subparagraphs (A) and (B) of paragraph (1) and who is working
for or has unconditionally offered to return to work for the
carrier, out of a preference for any other individual that is
based on the fact that the individual is employed, was
employed, or indicated a willingness to be employed during the
dispute.
``(c)(1) A carrier, or an officer or agent of the carrier, may not
hire a permanent replacement for an employee under subsection (b)
unless the carrier or officer or agent complies with the requirements
under paragraph (2).
``(2)(A) A carrier, or an officer or agent of the carrier, may hire
a permanent replacement for an employee described in subsection (b)
during the period beginning 61 days after the date of the commencement
of a dispute described in subsection (b) and ending 90 days after the
date of such commencement. The total number of replacements made under
this subsection during such period shall not exceed 10 percent of the
total number of employees who were in the craft or class described in
subsection (b).
``(B) A carrier, or an officer or agent of the carrier, may hire a
permanent replacement for an employee described in subsection (b)
during the period beginning 91 days after the date of the commencement
of a dispute described in subsection (b) and ending 120 days after the
date of such commencement. The total number of replacements made under
this subsection during such period shall not exceed 20 percent of the
total number of employees who were in the craft or class described in
subsection (b).
``(C) A carrier, or an officer or agent of the carrier, may hire a
permanent replacement for an employee described in subsection (b)
during the period beginning 121 days after the date of the commencement
of a dispute described in subsection (b) and ending 150 days after the
date of such commencement. The total number of replacements made under
this subsection during such period shall not exceed 30 percent of the
total number of employees who were in the craft or class described in
subsection (b).
``(D) A carrier, or an officer or agent of the carrier, may hire a
permanent replacement for an employee described in subsection (b)
during the period beginning 151 days after the date of the commencement
of a dispute described in subsection (b) and ending 180 days after the
date of such commencement. The total number of replacements made under
this subsection during such period shall not exceed 40 percent of the
total number of employees who were in the craft or class described in
subsection (b).
``(E) A carrier, or an officer or agent of the carrier, may hire a
permanent replacement for an employee described in subsection (b)
during the period beginning 181 days after the date of the commencement
of a dispute described in subsection (b) and ending 270 days after the
date of such commencement. The total number of replacements made under
this subsection during such period shall not exceed 50 percent of the
total number of employees who were in the craft or class described in
subsection (b).
``(F) A carrier, or an officer or agent of the carrier, may hire a
permanent replacement for an employee described in subsection (b)
during the period beginning 271 days after the date of the commencement
of a dispute described in subsection (b) and ending 360 days after the
date of such commencement. The total number of replacements made under
this subsection during such period shall not exceed 75 percent of the
total number of employees who were in the craft or class described in
subsection (b).
``(G) A carrier, or an officer or agent of the carrier, may hire a
permanent replacement for an employee described in subsection (b)
effective 361 days after the date of commencement of a dispute
described in subsection (b).''. | Amends the National Labor Relations Act to make it an unfair labor practice for an employer to promise, threaten, or take other action to hire a permanent replacement for an employee who: (1) at the beginning of a labor dispute was in a bargaining unit in which a labor organization either was the certified or recognized exclusive representative or was seeking to be so certified or recognized, on the basis of written authorizations by a majority of unit employees; and (2) in connection with that dispute has engaged in concerted activities for collective bargaining or other mutual aid and protection through that labor organization.
Makes it also an unfair labor practice for an employer to withhold or deny any other employment right or privilege to such an employee who is working for or has unconditionally offered to return to work for the employer, out of preference for any other individual based on that individual's performing, having performed, or having indicated a willingness to perform bargaining unit work for the employer during the dispute.
Allows employers to hire permanent replacements for such employees in gradually increasing proportions after specified durations, beginning with ten percent after 60 days of the dispute and ending with 100 percent after 360 days of the dispute.
Amends the Railway Labor Act to prohibit any carrier or its officer or agent from discriminating against an employee in a craft or class in any of the above ways prohibited to employers under the National Labor Relations Act. Allows hiring of permanent replacements in similar proportions after similar durations of the dispute. | A bill to amend the National Labor Relations Act and the Railway Labor Act to prevent discrimination based on participation in labor disputes. |
.
The district courts of the United States shall have original
jurisdiction over civil actions to enforce the provisions of this Act,
including authority to issue declaratory judgments pursuant to section
2201 of title 28, United States Code, and, notwithstanding the
provisions of section 1341 of such title, injunctive relief, as
necessary to carry out any provision of this Act.
SEC. 4. DEFINITIONS AND EFFECTIVE DATE.
(a) Definitions.--For purposes of this Act:
(1) Marketplace provider.--The term ``marketplace
provider'' includes any person, other than a seller, who
facilitates a sale. For purposes of this subsection, a person
facilitates a sale when the person both--
(A) lists or advertises products for sale in any
forum, including a catalog or Internet Web site; and
(B) either directly or indirectly through
agreements or arrangements with third parties, collects
gross receipts from the customer and transmits those
receipts to the marketplace seller, whether or not such
person deducts any fees or other amounts from those
receipts prior to transferring them to the marketplace
seller.
(2) Marketplace seller.--The term ``marketplace seller''
means a person that has any sales facilitated by a marketplace
provider.
(3) Person.--The term ``person'' has the meaning given such
term by section 1 of title 1, United States Code. Each
corporation that is a member of a group of affiliated
corporations, whether unitary or not, is itself a separate
person.
(4) Product.--The term ``product'' includes any good or
service, tangible or intangible.
(5) Referrer.--The term ``referrer'' shall mean every
person who--
(A) contracts or otherwise agrees with a seller to
list multiple products for sale and the sales prices
thereof in any forum, including a catalog or Internet
Web site;
(B) receives a fee, commission, or other
consideration from a seller for the listing;
(C) transfers, via telephone, Internet link, or
otherwise, a customer to the seller or the seller's Web
site to complete a purchase; and
(D) does not collect receipts from the customer for
the transaction.
(6) Regulate.--The term ``regulate'' means to impose a
standard or requirement on the production, manufacture or post-
sale disposal of any product sold or offered for sale in
interstate commerce as a condition of sale in a State when--
(A) such production or manufacture occurs in
another State;
(B) such requirement is in addition to the
requirements applicable to such production or
manufacture pursuant to Federal law and the laws of the
State and locality in which such production or
manufacture occurs;
(C) such imposition is not otherwise expressly
permitted by Federal law; and
(D) such requirement is enforced by a State's
executive branch or its agents or contractors.
(7) Seller.--The term ``seller'' does not include--
(A) any marketplace provider (except with respect
to the sale through the marketplace of products owned
by the marketplace provider);
(B) any referrer;
(C) any carrier, in which the seller does not have
an ownership interest, providing transportation or
delivery services with respect to tangible personal
property; and
(D) any credit card issuer, transaction or billing
processor, or other financial intermediary.
(8) Similar tax.--The term ``similar tax'' means a tax that
is imposed with respect to the sale or use of a product,
regardless of whether the tax is imposed on the person making
the sale or the purchaser, with the right or obligation of the
person making the sale to obtain reimbursement for the amount
of the tax from the purchaser at the time of the transaction.
(9) State.--The term ``State'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States and includes any
political subdivision thereof.
(10) Tax.--The term ``tax'' means to--
(A) impose an obligation on a person for--
(i) the collection of a sales, use, or
similar tax; or
(ii) the reporting of any information with
respect thereto;
(B) assess a sales, use or similar tax on a person;
(C) treat a person as doing business in a State for
purposes of such a tax; or
(D) impose on a business or its non-resident
owners, directly or indirectly through mechanisms such
as combined reporting or consolidated returns, a net
income tax or any other business activity tax measured
by the amount of, or economic results of, business or
related activity conducted in or derived from sources
in the State.
(b) Effective Date.--This Act shall apply with respect to calendar
quarters beginning on or after January 1, 2018. | No Regulation Without Representation Act of 2017 This bill prohibits a state from taxing or regulating a person's activity in interstate commerce unless the person is physically present in the state during the period in which the tax or regulation is imposed. A person is physically present if the person's business activities in the state include: maintaining a commercial or legal domicile in the state; owning, holding, leasing, or maintaining certain property in the state; having one or more employees, agents, or independent contractors in the state who provide on-site design, installation, or repair services on behalf of the remote seller; having one or more employees, exclusive agents or exclusive independent contractors present in the state who engage in activities that substantially assist the person to establish or maintain a market in the state; or regularly employing three or more employees in the state. The bill specifies certain activities and agreements that indicate a de minimis physical presence that is excluded from the definition of "physical presence." The bill also specifies that U.S. district courts have original jurisdiction over civil actions to enforce this bill. | No Regulation Without Representation Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Problem Gambling Act
of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Problem gambling is a public health disorder
characterized by increasing preoccupation with gambling, loss
of control, restlessness or irritability when attempting to
stop, and continuation of the gambling behavior in spite of
mounting, serious, negative consequences.
(2) Over 6,000,000 adults met criteria for a gambling
problem last year.
(3) The estimated social cost to families and communities
from bankruptcy, divorce, job loss, and criminal justice costs
associated with problem gambling was $6,700,000,000 last year.
(4) Problem gambling is associated with higher incidence of
bankruptcy, domestic abuse, and suicide.
(5) Problem gamblers have high rates of co-occurring
substance abuse and mental health disorders.
(6) In response to current budget shortfalls, many States
are considering or have enacted legislation to expand legal
gambling activities with the intent of raising State revenues.
(7) The Substance Abuse and Mental Health Services
Administration (SAMHSA) is the lead Federal agency for
substance abuse and mental health services.
(8) There are no agencies or individuals in the Federal
Government with a formal responsibility for problem gambling.
SEC. 3. INCLUSION OF GAMBLING IN SAMHSA AUTHORITIES.
Section 501(d) of the Public Health Service Act (42 U.S.C.
290aa(d)) is amended--
(1) by striking ``and'' at the end of paragraph (17);
(2) by striking the period at the end of paragraph (18) and
inserting ``; and''; and
(3) by adding at the end the following:
``(19) establish and implement programs for the
identification, prevention, and treatment of problem and
pathological gambling.''.
SEC. 4. PUBLIC AWARENESS.
(a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary'') shall carry out a national
campaign to increase knowledge and raise awareness with respect to
problem gambling issues within the general public, including supporting
and augmenting existing national campaigns and the production and
placement of public service announcements.
(b) Voluntary Donations.--In carrying out subsection (a), the
Secretary shall--
(1) administer and coordinate the voluntary donation of
resources to assist in the implementation of new programs and
the augmentation of existing national campaigns to provide
national strategies for dissemination of information intended
to address problem gambling from--
(A) the television, radio, motion picture, cable
communications, and print media;
(B) the advertising industry;
(C) the business sector of the United States; and
(D) professional sports organizations and
associations; and
(2) encourage media outlets throughout the country to
provide information aimed at preventing problem gambling,
including public service announcements, documentary films, and
advertisements.
(c) Focus.--In carrying out subsection (a), the Secretary shall
target radio and television audiences of, but not limited to, sporting
and gambling events.
(d) Evaluation.--In carrying out subsection (a), the Secretary
shall evaluate and report to the President and to the Congress on the
effectiveness of activities under this section.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $200,000 for
each of fiscal years 2010 through 2014.
SEC. 5. RESEARCH.
(a) In General.--The President shall establish and implement a
national program of research on problem gambling.
(b) Coordination.--In carrying out this section, the President
shall appoint an advisory commission, including individuals not
currently employed by the Federal Government, to coordinate the
activities of Federal agencies relating to research on problem
gambling, including the activities of the National Institutes of
Health, the National Science Foundation, the National Institute of
Justice, the Bureau of Justice Statistics, and the Substance Abuse and
Mental Health Services Administration.
(c) National Gambling Impact Study Commission Report.--In carrying
out this section, the President shall consider the recommendations that
appear in chapter 8 of the June 18, 1999, report of the National
Gambling Impact Study Commission.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $4,000,000 for
each of fiscal years 2010 through 2014.
SEC. 6. TREATMENT.
(a) Grants.--
(1) In general.--The Secretary may make grants to States,
local, and tribal governments, and nonprofit agencies to
provide comprehensive services with respect to treatment and
prevention of problem gambling issues and education about
problem gambling issues.
(2) Application for grant.--A grant may be made under
paragraph (1) only if an application for the grant is submitted
to the Secretary and the application is in such form, is made
in such manner, and contains such agreements, assurances, and
information as the Secretary determines to be necessary to
carry out this subsection.
(3) Authorization of appropriations.--For the purpose of
carrying out this subsection, there is authorized to be
appropriated $10,000,000 for each of fiscal years 2010 through
2014.
(b) Treatment Improvement Protocol.--The President, acting through
the Administrator of the Substance Abuse and Mental Health Services
Administration, shall develop a treatment improvement protocol specific
to problem gambling.
SEC. 7. SENSE OF CONGRESS.
It is the sense of the Congress that every State should contribute
a percentage of its revenue from gambling towards prevention and
treatment of problem gambling and towards research services and
education about problem gambling. | Comprehensive Problem Gambling Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to establish and implement programs for the identification, prevention, and treatment of problem and pathological gambling.
Requires the Secretary to carry out a national campaign to increase knowledge and raise awareness of problem gambling.
Requires the Secretary to: (1) administer and coordinate the voluntary donation of resources to assist in implementing new programs and augmenting existing national campaigns to provide national strategies for dissemination of information intended to address problem gambling; (2) encourage media outlets to provide information aimed at preventing problem gambling; and (3) target radio and television audiences of, but not limited to, sporting events and gambling.
Requires the President to: (1) establish and implement a national program of research on problem gambling; (2) appoint an advisory commission to coordinate federal research; and (3) consider the National Gambling Impact Study Commission's recommendations.
Authorizes the Secretary to make grants to states, local, and tribal governments, and nonprofit agencies to provide comprehensive services with respect to treatment and prevention of, and education about, problem gambling.
Directs the President, acting through the Administrator, to develop a Treatment Improvement Protocol for problem gambling
Expresses the sense of Congress that every state should contribute a percentage of its revenue from gambling towards prevention and treatment of, and services and education about, problem gambling. | To amend the Public Health Service Act to specifically include problem and pathological gambling in programs of the Substance Abuse and Mental Health Services Administration and to establish a national program to address the harmful consequences of problem gambling. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``David Jayne Homebound Reform Act of
2003''.
SEC. 2. DEMONSTRATION PROJECT TO CLARIFY THE DEFINITION OF HOMEBOUND.
(a) Demonstration Project.--Not later than January 1, 2004, the
Secretary shall conduct a demonstration project under which medicare
beneficiaries with chronic conditions described in subsection (b) are
deemed to be homebound for purposes of receiving home health services
under the medicare program.
(b) Medicare Beneficiary Described.--For purposes of subsection
(a), a medicare beneficiary is eligible to be deemed to be homebound,
without regard to the purpose, frequency, or duration of absences from
the home, if the beneficiary--
(1) has been certified by a physician as an individual who
has a permanent and severe condition that will not improve;
(2) requires the individual to receive assistance from
another individual with at least 3 out of the 5 activities of
daily living for the rest of the individual's life;
(3) requires 1 or more home health services to achieve a
functional condition that gives the individual the ability to
leave home; and
(4) requires technological assistance or the assistance of
another person to leave the home.
(c) Data.--The Secretary shall collect such data on the
demonstration project with respect to the provision of home health
services to medicare beneficiaries that relates to quality of care,
patient outcomes, and additional costs, if any, to the medicare
program.
(d) Reports to Congress.--(1) Not later than 1 year after the date
of the implementation of the demonstration project under this section,
the Secretary shall submit to Congress an initial report on the project
using the data collected under subsection (c).
(2) Not later than 1 year after the date of submittal of the report
under paragraph (1), the Secretary shall submit to Congress an
additional report on the project using the data collected under
subsection (c).
(e) Waiver Authority.--The Secretary shall waive compliance with
the requirements of title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) to such extent and for such period as the Secretary
determines is necessary to conduct demonstration projects.
(f) Construction.--Nothing in this section shall be construed as
waiving any applicable civil monetary penalty, criminal penalty, or
other remedy available to the Secretary under title XI or title XVIII
of the Social Security Act for acts prohibited under such titles,
including penalties for false certifications for purposes of receipt of
items or services under the medicare program.
(g) Authorization of Appropriations.--There is authorized to be
appropriated from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Insurance Trust Fund under title XVIII of the
Social Security Act (42 U.S.C. 1395i, 1395t), in such proportions as
the Secretary determines to be appropriate, such funds as are necessary
for the costs of carrying out the demonstration project under this
section.
(h) Definitions.--In this section:
(1) Medicare beneficiary.--The term ``medicare
beneficiary'' means an individual entitled to benefits under
part A of this title, enrolled under part B of this title, or
both.
(2) Home health services.--The term ``home health
services'' has the meaning given such term in section 1861(m)
of the Social Security Act (42 U.S.C. 1395x(m)).
(3) Activities of daily living defined.--The term
``activities of daily living'' means eating, toileting,
transferring, bathing, and dressing.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. CLARIFICATION OF THE DEFINITION OF HOMEBOUND FOR PURPOSES OF
DETERMINING ELIGIBILITY FOR HOME HEALTH SERVICES UNDER
THE MEDICARE PROGRAM.
(a) Clarification.--Sections 1814(a) and 1835(a) of the Social
Security Act (42 U.S.C. 1395f(a); 1395n(a)) are each amended by adding
at the end the following: ``Notwithstanding the preceding sentences, in
the case of an individual who has been certified by a physician as an
individual who has a permanent and severe condition that will not
improve and requires the individual to receive assistance from another
individual with at least 3 out of the 5 activities of daily living for
the rest of the individual's life, who requires 1 or more home health
services described in section 1861(m) to achieve a functional condition
that gives the individual the ability to leave home, and who requires
technological assistance or the assistance of another person to leave
the home, the Secretary may not disqualify such individual from being
considered to be `confined to his home' based on the purpose,
frequency, or duration of the absences from the home. For purposes of
the preceding sentence, the term `activities of daily living' means
eating, toileting, transferring, bathing, and dressing.''.
(b) Contingent Effective Date.--(1) The amendments made by
subsection (a) shall become effective (if at all) in accordance with
paragraph (2).
(2)(A) Not later than December 1, 2006, the Secretary of Health and
Human Services (in this paragraph referred to as the ``Secretary'')
shall submit to Congress a report on the results of the demonstration
project established under section 2 that analyzes the effect of the
demonstration project on the provision of home health services under
the medicare program.
(B) Such project shall be discontinued, and the amendments made by
subsection (a) shall become effective, on January 1, 2007, unless the
Secretary includes in that report a finding, on the basis of data
collected under section 2(c) that the clarification of the definition
of homebound under the demonstration project--
(i) adversely effects the provision of home health services
under the medicare program; or
(ii) directly causes an unreasonable increase of
expenditures under the medicare program for the provision of
such services that is directly attributable to such
clarification.
(C) If the Secretary includes in the report under subparagraph (B)
a finding referred to in subparagraph (B)(ii), the Secretary shall
include in such report--
(i) the specific data evidencing the amount of the increase
in expenditures that is a directly attributable to the
clarification (expressed both in absolute dollar terms and as a
percentage) above expenditures incurred for home health
services under the medicare program made for home health
services that are covered under the program without regard to
this Act; and
(ii) specific recommendations to exempt permanently and
severely disabled homebound beneficiaries from restrictions on
the length, frequency and purpose of their absences from the
home to qualify for home health services without incurring
additional unreasonable costs to the medicare program.
(c) Technical Amendments.--(1) Sections 1814(a) and 1835(a) of the
Social Security Act (42 U.S.C. 1395f(a); 1395n(a)) are each amended in
the sixth sentence by striking ``leave home,'' and inserting ``leave
home and''.
(2) Section 1814(a) of the Social Security Act (42 U.S.C.
1395f(a)), as amended by subsection (a), is amended by moving the
seventh sentence, as added by section 322(a)(1) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000
(appendix F, 114 Stat. 2763A-501), as enacted into law by section
1(a)(6) of Public Law 106-554, to the end of that section. | David Jayne Homebound Reform Act of 2003 - Directs the Secretary to conduct a demonstration project under which Medicare beneficiaries with a permanent and severe condition meeting specified criteria are deemed to be homebound for purposes of receiving home health services under title XVIII (Medicare) of the Social Security Act (SSA).Amends SSA title XVIII with respect to the definition of homebound for purposes of determining Medicare eligibility for home health services. Prohibits the Secretary of Health and Human Services from disqualifying from consideration as confined to the home, based on the purpose, frequency, or duration of the absences from the home, any individual who: (1) has been certified by a physician as having a permanent and severe condition that will not improve which requires the individual to receive assistance from another individual with at least three out of five activities of daily living for the rest of the individual's life; and (2) requires one or more described home health services to achieve a functional condition giving the individual the ability to leave the home. | To establish a demonstration project to clarify the definition of homebound for purposes of determining eligibility for home health services under the Medicare Program, and to conditionally authorize that clarification. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Budget Autonomy
Act of 2007''.
SEC. 2. TERMINATION OF FEDERAL MANDATES OVER LOCAL BUDGET PROCESS AND
FINANCIAL MANAGEMENT OF DISTRICT OF COLUMBIA.
(a) Termination of Mandates.--
(1) In general.--Part D of title IV of the District of
Columbia Home Rule Act (sec. 1-204.41 et seq., D.C. Official
Code) is amended by adding at the end the following new
subpart:
``Subpart 3--Termination of Federal Mandates
``termination of federal mandates
``Sec. 458. (a) Budget and Financial Management Governed Under
District Law.--Effective with respect to fiscal year 2008 and each
succeeding fiscal year which is not a control year--
``(1) the provisions of subpart 1 and subpart 2 shall not
apply; and
``(2) the process by which the District of Columbia
develops and enacts the budget for the District government for
a fiscal year, and the activities carried out with respect to
the financial management of the District government for a
fiscal year, shall be established under such laws as may be
enacted by the District.
``(b) No Effect on Existing Obligations.--Nothing in this section
may be construed to relieve the District of Columbia of any contractual
or other financial obligations incurred by the District under a budget
enacted for a fiscal year prior to fiscal year 2008.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to part D
of title IV the following:
``Subpart 3--Termination of Federal Mandates
``Sec. 458. Termination of Federal mandates.''.
(b) Elimination of Congressional Review Period For Budget Acts.--
Section 602(c) of such Act (sec. 1-206.02(c), D.C. Official Code) is
amended--
(1) in the second sentence of paragraph (1), by striking
``paragraph (2)'' and inserting ``paragraphs (2) and (4)''; and
(2) by adding at the end the following new paragraph:
``(4) In the case of any Act adopting the annual budget for the
District of Columbia government for fiscal year 2008 or any succeeding
fiscal year which is not a control year, such Act shall take effect
upon the date prescribed by such Act.''.
SEC. 3. TERMINATION OF FEDERAL MANDATES OVER BORROWING OF MONEY.
(a) Termination of Mandates.--
(1) In general.--Part E of title IV of the District of
Columbia Home Rule Act (sec. 1-204.61 et seq., D.C. Official
Code) is amended by adding at the end the following new
subpart:
``Subpart 6--Termination of Federal Mandates
``termination of federal mandates
``Sec. 490A. (a) Borrowing Governed Under District Law.--Except as
provided in subsection (b), effective with respect to fiscal year 2008
and each succeeding fiscal year which is not a control year--
``(1) the provisions of subparts 1 through 5 shall not
apply; and
``(2) the process and rules by which the District of
Columbia issues bonds or otherwise borrows money shall be
established under such laws as may be enacted by the District.
``(b) Exception for Certain Provisions.--Subsection (a) does not
apply with respect to the following sections:
``(1) Section 482 (relating to the full faith and credit of
the District).
``(2) Section 484 (relating to the nonapplicability of the
full faith and credit of the United States).
``(3) Section 485 (relating to the tax treatment of bonds
and notes).
``(4) Section 486 (relating to legal investment in bonds
and notes).
``(c) Rule of Construction.--Nothing in this section may be
construed--
``(1) to relieve the District of Columbia of any obligation
incurred with respect to bonds or other forms of borrowing
issued prior to fiscal year 2008; or
``(2) to waive the application to the District of Columbia
of any other Federal law governing the borrowing of funds by
States or units of local government, including the Internal
Revenue Code of 1986.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to part E
of title IV the following:
``Subpart 6--Termination of Federal Mandates
``Sec. 490A. Termination of Federal mandates.''.
(b) Repeal of Cap on Amount of District Borrowing.--Section 603(b)
of such Act (sec. 1-206.03(b), D.C. Official Code) is amended by adding
at the end the following new paragraph:
``(4) Paragraphs (1) through (3) shall not apply with respect to
fiscal year 2008 or any succeeding fiscal year which is not a control
year.''.
SEC. 4. OTHER CONFORMING AMENDMENTS RELATING TO CHANGES IN FEDERAL ROLE
IN BUDGET PROCESS.
(a) Federal Authority Over Budget-Making Process.--Section 603(a)
of the District of Columbia Home Rule Act (sec. 1-206.03, D.C. Official
Code) is amended by inserting before the period at the end the
following: ``for a fiscal year which is a control year''.
(b) Restrictions Applicable During Control Years.--Section 603(d)
of such Act (sec. 1-206.03(d), D.C. Official Code) is amended to read
as follows:
``(d) In the case of a fiscal year which is a control year, the
Council may not approve, and the Mayor may not forward to the
President, any budget which is not consistent with the financial plan
and budget established for the fiscal year under subtitle A of title II
of the District of Columbia Financial Responsibility and Management
Assistance Act of 1995.''.
(c) Definition.--Section 603(f) of such Act (sec. 1-206.03(f), D.C.
Official Code) is amended to read as follows:
``(f) In this section, the term `control year' has the meaning
given such term in section 305(4) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2008 and each succeeding fiscal year. | District of Columbia Budget Autonomy Act of 2007 - Amends the District of Columbia Home Rule Act to eliminate, with respect to each fiscal year that is not a control year, all federally-imposed mandates over the District of Columbia's: (1) local budget process, financial management, audits, and accountability requirements; and (2) short-term borrowing of money, with specified exceptions.
Declares that the process by which the District develops and enacts the District government's budget for a fiscal year, the activities carried out regarding financial management of the District government, and the process and rules by which the District issues bonds or otherwise borrows money shall be established under laws enacted by the District.
Provides that Acts adopting the District government's annual budget for FY2008 and succeeding non-control fiscal years shall take effect upon their prescribed dates. (Thus eliminates congressional review of such Acts).
Repeals the federal cap on amounts the District may borrow (other than in a control year). | To amend the District of Columbia Home Rule Act to eliminate all Federally-imposed mandates over the local budget process and financial management of the District of Columbia and the borrowing of money by the District of Columbia. |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The Selected Reserve of the Ready Reserve of the Armed
Forces is the element of the Armed Forces of the United States
that has the capability quickly to augment the active duty
forces of the Armed Forces successfully in times of crisis.
(2) The Selected Reserve has been assigned increasingly
critical levels of responsibility for carrying out the
worldwide military missions of the Armed Forces since the end
of the Cold War.
(3) Members of the Selected Reserve have served proudly as
mobilized forces in numerous theaters from Europe to the
Pacific and South America, indeed, around the world.
(4) The active duty forces of the Armed Forces cannot
successfully perform all of the national security missions of
the Armed Forces without augmentation by the Selected Reserve.
(5) The high and increasing tempo of activity of the
Selected Reserve causes turbulence in the relationships of
members of the Selected Reserve with their families, employers,
and reserve units.
(6) The turbulence often results from lengthy, sometimes
year-long, absences of the members of the Selected Reserve from
their families and their civilian jobs in the performance of
military duties necessary for the execution of essential
missions.
(7) Family turbulence includes the difficulties associated
with vacillation between coverage of members' families for
health care under civilian health benefits plans and coverage
under the military health benefits options.
(8) Up to 200,000 members of the Selected Reserve,
including, in particular, self-employed members, do not have
adequate health benefits.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that steps should be taken to ensure
that every member of the Selected Reserve of the Ready Reserve of the
Armed Forces and the member's family have health care benefits that are
adequate--
(1) to ease the transition of the member from civilian life
to full-time military life during a mobilization of reserve
forces;
(2) to minimize the adverse effects of a mobilization on
the member's ability to provide for the member's family to have
ready access to adequate health care; and
(3) to improve readiness and retention in the Selected
Reserve.
SEC. 3. STUDY OF HEALTH CARE BENEFITS COVERAGE FOR MEMBERS OF THE
SELECTED RESERVE.
(a) Requirement for Study.--The Secretary of Defense shall enter
into a contract with a federally funded research and development center
to carry out a study of the needs of members of the Selected Reserve of
the Ready Reserve of the Armed Forces and their families for health
care benefits.
(b) Report.--(1) Not later than March 1, 2002, the Secretary shall
submit a report on the results of the study to Congress.
(2) The report shall include the following matters:
(A) Descriptions, and an analysis, of how members of the
Selected Reserve and their dependents currently obtain coverage
for health care benefits, together with statistics on
enrollments in health care benefits plans.
(B) The percentage of members of the Selected Reserve, and
dependents of such members, who are not covered by any health
insurance or other health benefits plan, together with the
reasons for the lack of coverage.
(C) Descriptions of the disruptions in health benefits
coverage that a mobilization of members of the Selected Reserve
causes for the members and their families.
(D) At least three recommended options for cost-effectively
preventing or reducing the disruptions by means of extending
health care benefits under the Defense Health Program or the
Federal Employees Health Benefits program to all members of the
Selected Reserve and their families, together with an estimate
of the costs of individual coverage and family coverage under
each option.
(E) A profile of the health status of members of the
Selected Reserve and their dependents, together with a
discussion of how that profile would affect the cost of
providing adequate health benefits coverage for that population
of beneficiaries.
(F) An analysis of the likely effects that providing
enhanced health benefits coverage to members of the Selected
Reserve and their families would have on recruitment and
retention for, and the readiness of, the Selected Reserve.
(3) In formulating the options to recommend under paragraph (2)(D),
the Secretary shall consider an expansion of the TRICARE program or the
Federal Employees Health Benefits program to cover the members of the
Selected Reserve and their families. | Expresses the sense of Congress that steps should be taken to ensure that every member of the Selected Reserve of the Ready Reserve and such member's family have health care benefits that are adequate to: (1) ease the member's transition from civilian to full-time military life during a mobilization; (2) minimize the adverse effects of a mobilization on the member's ability to provide adequate health care to his or her family; and (3) improve readiness and retention in the Selected Reserve.Directs the Secretary of Defense to contract with a federally funded research and development center to study the health care benefit needs of such members and their families and to issue a report that shall include recommended options for extending health care benefits under the Defense Health Program or the Federal Employee Health benefits program to cover such members. | A bill to require the Secretary of Defense to carry out a study of the extent to the coverage of members of the Selected Reserve of the Ready Reserve of the Armed Forces under health benefits plans and to submit a report on the study of Congress, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Koby Mandell Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Numerous American citizens have been murdered or maimed
by terrorists around the world, including more than one hundred
murdered since 1968 in terrorist attacks occurring in Israel or
in territories administered by Israel or in territories
administered by the Palestinian Authority.
(2) Some American citizens who have been victims of
terrorism overseas, especially those harmed by terrorists
operating from areas administered by the Palestinian Authority,
have not received from the United States Government services
equal to those received by other such victims of overseas
terrorism.
(3) The United States Government has not devoted adequate
efforts or resources to the apprehension of terrorists who have
harmed American citizens overseas, particularly in cases
involving terrorists operating from areas administered by the
Palestinian Authority. Monetary rewards for information leading
to the capture of terrorists overseas, which the government
advertises in regions where the terrorists are believed to be
hiding, have not been advertised in areas administered by the
Palestinian Authority.
(4) This situation is especially grave in the areas
administered by the Palestinian Authority, because many
terrorists involved in the murders of Americans are walking
free there; some of these terrorists have been given positions
in the Palestinian Authority security forces or other official
Palestinian Authority agencies; and a number of schools,
streets, and other public sites have been named in honor of
terrorists who were involved in the murder of Americans.
(5) To remedy these and related problems, an office should
be established within the Department of Justice for the purpose
of ensuring equally vigorous efforts to capture all terrorists
who have harmed American citizens overseas and equal treatment
for all American victims of overseas terrorism.
SEC. 3. ETABLISHMENT OF AN OFFICE IN THE DEPARTMENT OF JUSTICE TO
UNDERTAKE SPECIFIC STEPS TO FACILITATE THE CAPTURE OF
TERRORISTS WHO HAVE HARMED AMERICAN CITIZENS OVERSEAS AND
TO ENSURE THAT ALL AMERICAN VICTIMS OF OVERSEAS TERRORISM
ARE TREATED EQUALLY.
The President shall establish within the Department of Justice an
office (hereafter the ``Office'') to carry out the following
activities:
(1) The Office shall assume responsibility for
administration of the Rewards for Justice program and its web
site, www.rewardsforjustice.com, and in so doing will ensure
that--
(A) rewards are offered to capture all terrorists
involved in harming American citizens overseas,
regardless of the terrorists' country of origin or
residence;
(B) such rewards are prominently advertised in the
mass media and public sites in all countries or regions
where such terrorists reside;
(C) the names and photographs and suspects in all
such cases are included on the web site; and
(D) the names of the specific organizations
claiming responsibility for terrorist attacks mentioned
on the site are included in the descriptions of those
attacks.
(2) The Office shall establish and administer a program
which will provide notification for American victims of
overseas terrorism or their immediate family to update them on
the status of efforts to capture the terrorists who harmed
them.
(3) The Office shall assume responsibility for providing
twice-annual reports to Congress as defined by section 805 of
the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001.
(4) The Office shall work with the other United States
government agencies to expand legal restrictions on the ability
of murderers to reap profits from books or movies concerning
their crimes--the ``Son of Sam'' laws that currently exist in
many States, so as to ensure that terrorists who harm American
citizens overseas are unable to profit from book or movie sales
in the United States.
(5) The Office shall endeavor to determine if terrorists
who have harmed American citizens overseas are serving in their
local police or security forces. Whenever it is found that
terrorists who have harmed American citizens overseas are
serving in their local police or security forces, the Office
shall alert those United States Government agencies involved in
providing assistance, directly or indirectly, to those forces,
and shall request of those agencies that all such assistance be
halted until the aforementioned terrorists are removed from
their positions.
(6) The Office shall undertake a comprehensive assessment
of the pattern of United States indictments and prosecution of
terrorists who have harmed American citizens overseas, in order
to determine the reasons for the absence of indictments of
terrorists residing in some regions, such as the territories
controlled by the Palestinian Authority. The Office's
assessment shall then be provided to the Attorney General,
together with its recommendations.
(7) The Office shall endeavor to monitor public actions by
governments and regimes overseas pertaining to terrorists who
have harmed American citizens, such as naming of schools,
streets, or other public institutions or sites after such
terrorists. In such instances, the Office shall encourage other
United States Government agencies to halt their provision of
assistance, directly or indirectly, to those institutions.
(8) In instances in which specific organizations that
claimed responsibility for acts of terrorism against Americans
overseas subsequently became part of a governing regime with
which the United States Government maintains diplomatic or
other official contacts, such as the Palestinian Authority, the
Office will initiate negotiations to secure appropriate
financial compensation for American citizens, or the families
of such citizens, who were harmed by those organizations'
terrorism.
(9) In cases where terrorists who have harmed Americans
overseas, and are subsequently released from incarceration
abroad, are eligible for further prosecution in the United
States, the Office shall coordinate with other government
agencies to seek the transfer of those terrorists to the United
States for further prosecution.
(10) The Office shall strive to ensure that all terrorists
who have harmed Americans overseas are treated by the United
States Government as persona non grata, including, but not
limited to, steps such as denying those individuals visas for
entry to the United States; urging United States Government
agencies to refrain from political and diplomatic contacts with
those individuals; and instructing United States embassies and
consulates to urge American visitors in those countries to
refrain from patronizing businesses that are owned or operated
by such individuals.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for fiscal
year 2003 and subsequent fiscal years such sums as may be necessary to
carry out this Act.
(b) Availability.--Amounts appropriated under subsection (a) are
authorized to remain available until expended. | Koby Mandell Act of 2003 - Directs the President to establish within the Department of Justice an office which shall assume responsibility for administration of the Rewards for Justice program and its website to ensure that rewards are offered to capture all terrorists involved in harming American citizens overseas, regardless of the terrorists' country of origin or residence.Directs the office to take specified steps, including: (1) establishing a program which will update American victims of overseas terrorism or their families on the status of efforts to capture the terrorists; (2) undertaking a comprehensive assessment to determine the reasons for the absence of indictments of terrorists residing in some regions; (3) monitoring public actions pertaining to terrorists by governments and regimes overseas, such as naming schools, streets, or other public institutions or sites after terrorists who have harmed American citizens; (4) initiating negotiations to secure financial compensation for American citizens (or their families) who were harmed by terrorist acts overseas by an organization that subsequently became part of a governing regime with which the U.S. Government maintains diplomatic or official contacts; and (5) coordinating with other Government agencies to seek the transfer to the United States of terrorists released from incarceration abroad who are eligible for further prosecution in the United States. | To create an office within the Department of Justice to undertake certain specific steps to ensure that all American citizens harmed by terrorism overseas receive equal treatment by the United States government regardless of the terrorists' country of origin or residence, and to ensure that all terrorists involved in such attacks are pursued, prosecuted, and punished with equal vigor, regardless of the terrorists' country of origin or residence. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Restoration Initiative
Act of 2014''.
SEC. 2. GREAT LAKES RESTORATION INITIATIVE.
Section 118(c) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)) is amended by striking paragraph (7) and inserting the
following:
``(7) Great lakes restoration initiative.--
``(A) Establishment.--There is established in the
Agency a Great Lakes Restoration Initiative (referred
to in this paragraph as the `Initiative') to carry out
programs and projects for Great Lakes protection and
restoration.
``(B) Focus areas.--The Initiative shall prioritize
programs and projects carried out in coordination with
non-Federal partners and programs and projects that
address priority areas each fiscal year, including--
``(i) the remediation of toxic substances
and areas of concern;
``(ii) the prevention and control of
invasive species and the impacts of invasive
species;
``(iii) the protection and restoration of
nearshore health and the prevention and
mitigation of nonpoint source pollution;
``(iv) habitat and wildlife protection and
restoration, including wetlands restoration and
preservation; and
``(v) accountability, monitoring,
evaluation, communication, and partnership
activities.
``(C) Projects.--Under the Initiative, the Agency
shall collaborate with Federal partners, including the
Great Lakes Interagency Task Force, to select the best
combination of programs and projects for Great Lakes
protection and restoration using appropriate principles
and criteria, including whether a program or project
provides--
``(i) the ability to achieve strategic and
measurable environmental outcomes that
implement the Great Lakes Action Plan and the
Great Lakes Water Quality Agreement;
``(ii) the feasibility of--
``(I) prompt implementation;
``(II) timely achievement of
results; and
``(III) resource leveraging; and
``(iii) the opportunity to improve
interagency and inter-organizational
coordination and collaboration to reduce
duplication and streamline efforts.
``(D) Implementation of projects.--
``(i) In general.--Funds made available to
carry out the Initiative shall be used to
strategically implement--
``(I) Federal projects; and
``(II) projects carried out in
coordination with States, Indian
tribes, municipalities, institutions of
higher education, and other
organizations.
``(ii) Transfer of funds.--With amounts
made available for the Initiative each fiscal
year, the Administrator may--
``(I) transfer not more than
$300,000,000 to the head of any Federal
department or agency, with the
concurrence of the department or agency
head, to carry out activities to
support the Initiative and the Great
Lakes Water Quality Agreement; and
``(II) enter into an interagency
agreement with the head of any Federal
department or agency to carry out
activities described in subclause (I).
``(E) Scope.--
``(i) In general.--Projects shall be
carried out under the Initiative on multiple
levels, including--
``(I) Great Lakes-wide; and
``(II) Great Lakes basin-wide.
``(ii) Limitation.--No funds made available
to carry out the Initiative may be used for any
water infrastructure activity (other than a
green infrastructure project that improves
habitat and other ecosystem functions in the
Great Lakes) for which amounts are made
available from--
``(I) a State water pollution
control revolving fund established
under title VI; or
``(II) a State drinking water
revolving loan fund established under
section 1452 of the Safe Drinking Water
Act (42 U.S.C. 300j-12).
``(F) Activities by other federal agencies.--Each
relevant Federal department or agency shall, to the
maximum extent practicable--
``(i) maintain the base level of funding
for the Great Lakes activities of that
department or agency without regard to funding
under the Initiative; and
``(ii) identify new activities and projects
to support the environmental goals of the
Initiative.
``(G) Funding.--There is authorized to be
appropriated to carry out the Initiative $300,000,000
for each of fiscal years 2015 through 2019.''.
Passed the House of Representatives December 9, 2014.
Attest:
KAREN L. HAAS,
Clerk. | . Great Lakes Restoration Initiative Act of 2014 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to authorize the Environmental Protection Agency's Great Lakes Restoration Initiative for FY2015-FY2019. Requires that the Initiative carry out programs and projects for Great Lakes protection and restoration. Directs the Initiative to prioritize programs and projects, including: the remediation of toxic substances and areas of concern; the prevention and control of invasive species and their impacts; the protection and restoration of near-shore health and the prevention and mitigation of nonpoint source pollution (water pollution that comes from many diffuse sources, such as pollution on the ground picked up by rain or snow); habitat and wildlife protection and restoration; and accountability, monitoring, evaluation, communication, and partnership activities. Prohibits funding made available to implement the Initiative from being used for any water infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem functions in the Great Lakes) for which funding is made available under the clean water or drinking water state revolving fund program. Requires federal agencies to maintain the base level of funding for their Great Lakes activities without regard to funding under the Initiative and identify new activities to support the environmental goals of the Initiative. | Great Lakes Restoration Initiative Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Research & Development To
Improve Achievement Act of 2007''.
SEC. 2. EDUCATION RESEARCH AND DEVELOPMENT.
Subpart 1 of part D of title V of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7243 et seq.) is amended by adding at
the end the following:
``SEC. 5415. STUDIES FOR THE DEVELOPMENT OF CORE PROGRAMS.
``(a) Purpose.--The purpose of this section is to develop
replicable, research-proven activities for core title I programs,
including the following programs and areas:
``(1) Targeted areas of instruction.
``(2) School improvement and restructuring under section
1116.
``(3) Supplemental educational services under section
1116(e).
``(4) Reading First under subpart 1 of part B of title I.
``(5) Other programs as determined by the Secretary to be
in need of further development.
``(b) Awarding of Grants.--The Secretary shall award grants to
research and development entities to enable such entities to carry out
the activities described in this section.
``(c) Application.--
``(1) In general.--A research and development entity that
desires to receive 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 require.
``(2) Contents.--Each application submitted under paragraph
(1) shall--
``(A) demonstrate a record of development of
successful educational programs or conduct of large-
scale, peer-reviewed research, or both, as appropriate;
``(B) establish clear objectives;
``(C) establish annual benchmarks for progress;
``(D) describe plans to develop or evaluate
programs likely to enhance student achievement; and
``(E) describe plans to disseminate findings and
products of the research and development.
``(d) Use of Funds.--A research and development entity that
receives a grant under this section shall use the grant funds for the
following:
``(1) Creating and evaluating new approaches in 1 or more
of the following areas:
``(A) Each of the targeted areas of instruction
under section 1111(b)(1)(C).
``(B) School improvement and restructuring under
section 1116.
``(C) Supplemental educational services under
section 1116(e).
``(D) Reading First under subpart 1 of part B of
title I.
``(2) Carrying out large-scale randomized evaluations of
activities that have proven promising in small-scale
evaluations.
``(3) Carrying out large-scale randomized evaluations of
existing programs.
``(4) Supporting nonprofit developers of research-proven
activities in the creation of capacity for training, material
production, and other needs to scale up programs rapidly.
``(5) Disseminating information about effective activities
and providing incentives for schools to adopt such activities.
``(e) Minimum Grant.--The minimum amount for each grant awarded
under this section shall be $500,000 annually.
``(f) Continuation of Grants.--In determining whether to continue a
grant awarded under this section, the Secretary shall consider--
``(1) if the grantee was reasonably on track with the
objectives and benchmarks stated in the application; and
``(2) if the grantee has shown promise in the creation and
evaluation of an effective program.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) for fiscal year 2008, $100,000,000 or one fifth the
amount appropriated to carry out this part for such fiscal
year, whichever amount is greater;
``(2) for fiscal year 2009, $110,000,000 or one fifth the
amount appropriated to carry out this part for such fiscal
year, whichever amount is greater;
``(3) for fiscal year 2010, $120,000,000 or one fifth the
amount appropriated to carry out this part for such fiscal
year, whichever amount is greater;
``(4) for fiscal year 2011, $130,000,000 or one fifth the
amount appropriated to carry out this part for such fiscal
year, whichever amount is greater;
``(5) for fiscal year 2012, $140,000,000 or one fifth the
amount appropriated to carry out this part for such fiscal
year, whichever amount is greater; and
``(6) for fiscal year 2013, $150,000,000 or one fifth the
amount appropriated to carry out this part for such fiscal
year, whichever amount is greater.''. | Education Research & Development To Improve Achievement Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award grants to research and development entities to develop, evaluate, and encourage the replication of innovations in core activities under title I (Improving the Academic Achievement of the Disadvantaged) of the Act, including: (1) instruction in mathematics, reading or language arts, and science; (2) school improvement and restructuring; (3) supplemental educational services; and (4) the Reading First program. | A bill to encourage the development of research-proven programs funded under the Elementary and Secondary Education Act of 1965. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Unit Irrigation District Act
of 2006''.
SEC. 2. NORTH UNIT IRRIGATION DISTRICT.
The Act of August 10, 1954 (68 Stat. 679, chapter 663), is
amended--
(1) in the first section--
(A) by inserting ``(referred to in this Act as the
`District')'' after ``irrigation district''; and
(B) by inserting ``(referred to in this Act as the
`Contract')'' after ``1953''; and
(2) by adding at the end the following:
``SEC. 3. ADDITIONAL TERMS.
``On approval of the District directors and notwithstanding project
authorizing legislation to the contrary, the Contract is modified,
without further action by the Secretary of the Interior, to include the
following modifications:
``(1) In Article 8(a) of the Contract, by deleting `a
maximum of 50,000' and inserting `approximately 59,000' after
`irrigation service to'.
``(2) In Article 11(a) of the Contract, by deleting `The
classified irrigable lands within the project comprise
49,817.75 irrigable acres, of which 35,773.75 acres are in
Class A and 14,044.40 in Class B. These lands and the standards
upon which the classification was made are described in the
document entitled ``Land Classification, North Unit, Deschutes
Project, 1953'' which is on file in the office of the Regional
Director, Bureau of Reclamation, Boise, Idaho, and in the
office of the District' and inserting `The classified irrigable
land within the project comprises 58,902.8 irrigable acres, all
of which are authorized to receive irrigation water pursuant to
water rights issued by the State of Oregon and have in the past
received water pursuant to such State water rights.'.
``(3) In Article 11(c) of the Contract, by deleting `, with
the approval of the Secretary,' after `District may', by
deleting `the 49,817.75 acre maximum limit on the irrigable
area is not exceeded' and inserting `irrigation service is
provided to no more than approximately 59,000 acres and no
amendment to the District boundary is required' after `time so
long as'.
``(4) In Article 11(d) of the Contract, by inserting `, and
may further be used for instream purposes, including fish or
wildlife purposes, to the extent that such use is required by
Oregon State law in order for the District to engage in, or
take advantage of, conserved water projects as authorized by
Oregon State law' after `herein provided'.
``(5) By adding at the end of Article 12(d) the following:
`(e) Notwithstanding the above subsections of this Article or
Article 13 below, beginning with the irrigation season
immediately following the date of enactment of the North Unit
Irrigation District Act of 2006, the annual installment for
each year, for the District, under the Contract, on account of
the District's construction charge obligation, shall be a fixed
and equal annual amount payable on June 30 the year following
the year for which it is applicable, such that the District's
total construction charge obligation shall be completely paid
by June 30, 2044.'.
``(6) In Article 14(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes, to
the extent that such use is required by Oregon State law in
order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law,'
after `and incidental stock and domestic uses', by inserting
`and for instream purposes as described above,' after
`irrigation, stock and domestic uses', and by inserting `,
including natural flow rights out of the Crooked River held by
the District' after `irrigation system'.
``(7) In Article 29(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes, to
the extent that such use is required by Oregon State law in
order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law'
after `provided in article 11'.
``(8) In Article 34 of the Contract, by deleting `The
District, after the election and upon the execution of this
contract, shall promptly secure final decree of the proper
State court approving and confirming this contract and
decreeing and adjudging it to be a lawful, valid, and binding
general obligation of the District. The District shall furnish
to the United States certified copies of such decrees and of
all pertinent supporting records.' after `for that purpose.'.
``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.
``The Secretary of the Interior (acting through the Commissioner of
Reclamation) may in the future renegotiate with the District such terms
of the Contract as the District directors determine to be necessary,
only upon the written request of the District directors and the consent
of the Commissioner of Reclamation.''. | North Unit Irrigation District Act of 2006 - Modifies a repayment contract between the Secretary of the Interior and the North Unit Irrigation District, Oregon, to permit the District to engage in, or take advantage of, conserved water projects authorized by Oregon law.
Authorizes the Secretary to renegotiate in the future such contract terms as the District directors determine to be necessary, only upon the written request of the District directors and the consent of the Commissioner of Reclamation. | A bill to provide for the modification of an amendatory repayment contract between the Secretary of the Interior and the North Unit Irrigation District, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Space Commercial Human Ascent
Serving Expeditions Act'' or the ``Space CHASE Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the goal of opening space to the American people and
their private commercial, scientific, and cultural enterprises
should guide Federal space investments, policies, and
regulations;
(2) private industry has begun to develop commercial launch
vehicles capable of carrying human beings into space, and
greater private investment in these efforts will stimulate the
Nation's commercial space transportation industry as a whole;
(3) space transportation is inherently risky;
(4) a critical area of responsibility for the Office of the
Associate Administrator for Commercial Space Transportation is
to regulate the emerging commercial human space flight
industry; and
(5) the public interest is served by creating a clear legal
and regulatory regime for commercial human space flight.
SEC. 3. AMENDMENTS.
(a) Findings and Purposes.--Section 70101 of title 49, United
States Code, is amended--
(1) in subsection (a)(3), by inserting ``human space
flight,'' after ``microgravity research,''; and
(2) in subsection (a)(4)--
(A) by striking ``satellite''; and
(B) by striking ``services now available from'' and
inserting ``capabilities of''.
(b) Definitions.--Section 70102 of title 49, United States Code, is
amended--
(1) by redesignating paragraphs (2) through (17) as
paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (12), (13),
(14), (15), (16), (18), (21), and (22), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) `crew' means any employee of a licensee or
transferee, or of a contractor or subcontractor of a licensee
or transferee, who performs activities in the course of that
employment directly relating to the launch, reentry, or other
operation of or in a launch vehicle or reentry vehicle that
carries human beings.'';
(3) in paragraph (4), as redesignated by paragraph (1) of
this subsection, by inserting ``, crew, or space flight
participant'' after ``any payload'';
(4) in paragraph (6)(A), as redesignated by paragraph (1)
of this subsection, by striking ``and payload'' and inserting
``, payload, crew (including crew training), or space flight
participant'';
(5) in paragraph (8)(A), as redesignated by paragraph (1)
of this subsection, by inserting ``or human beings'' after
``place a payload'';
(6) by inserting after paragraph (10), as redesignated by
paragraph (1) of this subsection, the following new paragraph:
``(11) `permit' means an experimental permit issued under
section 70105.'';
(7) in paragraph (13), as redesignated by paragraph (1) of
this subsection, by inserting ``crew, or space flight
participants,'' after ``and its payload,'';
(8) in paragraph (14)(A), as redesignated by paragraph (1)
of this subsection, by striking ``and its payload'' inserting
``and payload, crew (including crew training), or space flight
participant'';
(9) by inserting after paragraph (16), as redesignated by
paragraph (1) of this subsection, the following new paragraph:
``(17) `space flight participant' means an individual, who
is not crew, carried within a launch vehicle or reentry
vehicle.'';
(10) by inserting after paragraph (18), as redesignated by
paragraph (1) of this subsection, the following new paragraphs:
``(19) `suborbital rocket' means a vehicle, rocket-
propelled in whole or in part, intended for flight on a
suborbital trajectory whose thrust is greater than its lift for
the majority of the rocket-powered portion of its flight.
``(20) `suborbital trajectory' means the intentional flight
path of a launch vehicle, reentry vehicle, or any portion
thereof, whose vacuum instantaneous impact point does not leave
the surface of the Earth.''; and
(11) in paragraph (21), as redesignated by paragraph (1) of
this subsection--
(A) by striking ``or'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(E) crew or space flight participants.''.
(c) Commercial Human Space Flight.--(1) Section 70103(a) of title
49, United States Code, is amended--
(A) by inserting ``, through the Associate Administrator
for Commercial Space Transportation,'' after ``Secretary of
Transportation''; and
(B) by adding at the end the following new sentence: ``The
Secretary of Transportation shall ensure that the Associate
Administrator for Commercial Space Transportation has
sufficient personnel from within the Federal Aviation
Administration to carry out this chapter.''.
(2) Section 70103(b)(1) of title 49, United States Code, is amended
by inserting ``, including those involving space flight participants''
after ``private sector''.
(3) Section 70104(a) of title 49, United States Code, is amended--
(A) by striking ``License Requirement.--A license issued or
transferred under this chapter'' and inserting ``Requirement.--
A license issued or transferred under this chapter, or a
permit,''; and
(B) by inserting after paragraph (4) the following:
``Notwithstanding this subsection, a permit shall not authorize a
person to operate a launch site or reentry site.''.
(4) Section 70104(b) of title 49, United States Code, is amended by
inserting ``or permit'' after ``holder of a license''.
(5) Section 70104 of title 49, United States Code, is amended by
adding at the end the following:
``(d) Limitation on Conditions.--(1) The Secretary of
Transportation shall not make it a condition or requirement for a
person who receives a license or experimental permit under this chapter
to obtain any other license, permit, certificate, or other legal
instrument from the Secretary for the conduct of the activity,
including flight and return, for which the license or permit was
issued.
``(2) The Secretary of Transportation shall not require any
additional license, permit, certificate, or other legal instrument be
obtained from the Department of Transportation for any activity,
including flight and return, for which a license or experimental permit
has been issued under this chapter.''.
(6) The section heading of section 70105 of title 49, United States
Code, is amended by striking ``License applications'' and inserting
``Applications'', and the item relating to that section in the table of
sections for chapter 701 of title 49, United States Code, is amended
accordingly.
(7) Section 70105(a) of title 49, United States Code, is amended--
(A) by striking ``Applications.--'' and inserting
``Licenses.--'';
(B) in paragraph (1), by striking ``subsection (b)(2)(D)''
both places it appears and inserting ``subsection (c)(2)(D)'';
and
(C) in paragraph (2), by inserting ``, including crews,''
after ``or personnel''.
(8) Section 70105 of title 49, United States Code, is amended by
redesignating subsections (b) and (c) as subsections (c) and (d),
respectively, and by inserting after subsection (a) the following new
subsection:
``(b) Experimental.--(1) A person may apply to the Secretary of
Transportation for an experimental permit under this subsection in the
form and manner the Secretary prescribes. Consistent with the public
health and safety, safety of property, and national security and
foreign policy interests of the United States, the Secretary, not later
than 90 days after receiving an application pursuant to this
subsection, shall issue a permit if the Secretary decides in writing
that the applicant complies, and will continue to comply, with this
chapter and regulations prescribed under this chapter. The Secretary
shall inform the applicant of any pending issue and action required to
resolve the issue if the Secretary has not made a decision not later
than 60 days after receiving an application. The Secretary shall
transmit to the Committee on Science of the House of Representatives
and Committee on Commerce, Science, and Transportation of the Senate a
written notice not later than 15 days after any occurrence when a
permit is not issued within the deadline established by this
subsection.
``(2) In carrying out paragraph (1), the Secretary may establish
procedures for safety approvals of launch vehicles, reentry vehicles,
safety systems, processes, services, or personnel, including crews,
that may be used in conducting commercial space launch or reentry
activities pursuant to a permit.
``(3) In order to encourage the development of a commercial space
flight industry, the Secretary, to the greatest extent practicable,
shall when issuing permits use the authority granted under subsection
(c)(2)(C).
``(4) The Secretary may issue a permit only for reusable suborbital
rockets that will be launched or reentered solely for--
``(A) research and development to test new design concepts,
new equipment, or new operating techniques;
``(B) showing compliance with requirements as part of the
process for obtaining a license under this chapter; or
``(C) crew training prior to obtaining a license for a
launch or reentry using the design of the rocket for which the
permit would be issued.
``(5) Permits issued under this subsection shall--
``(A) authorize an unlimited number of launches and
reentries for a particular suborbital rocket design for the
uses described in paragraph (4); and
``(B) specify the modifications that may be made to the
suborbital rocket without changing the design to an extent that
would invalidate the permit.
``(6) Permits shall not be transferable.
``(7) A permit may not be issued for, and a permit that has already
been issued shall cease to be valid for, a particular design for a
reusable suborbital rocket after a license has been issued for the
launch or reentry of a rocket of that design.
``(8) No person may operate a reusable suborbital rocket under a
permit for carrying any property or human being for compensation or
hire.
``(9) For the purposes of sections 70106, 70107, 70108, 70109,
70110, 70112, 70115, 70116, 70117, and 70121 of this chapter--
``(A) a permit shall be considered a license;
``(B) the holder of a permit shall be considered a
licensee;
``(C) a vehicle operating under a permit shall be
considered to be licensed; and
``(D) the issuance of a permit shall be considered
licensing.
This paragraph shall not be construed to allow the transfer of a
permit.''.
(9) Section 70105(c)(1) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``for a license''.
(10) Section 70105(c)(2)(B) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by
striking ``an additional requirement'' and inserting ``any additional
requirement''.
(11) Section 70105(c)(2)(C) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``for a license''.
(12) Section 70105(c)(2)(D) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``for a license''.
(13) Section 70105(c)(3) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by adding
at the end the following: ``Nothing in this paragraph shall be
construed to allow the launch or reentry of a launch vehicle or a
reentry vehicle without a license or permit if a human being will be on
board.''.
(14) Section 70105(c) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by adding
at the end the following new paragraphs:
``(4) The holder of a license or a permit under this chapter may
launch or reenter crew only if--
``(A) the crew has received training and has satisfied
medical or other standards specified in the license or permit
in accordance with regulations promulgated by the Secretary;
and
``(B) the holder of the license or permit and crew have
complied with all requirements of the laws of the United States
that apply to crew.
``(5) The holder of a license or a permit under this chapter may
launch or reenter a space flight participant only if--
``(A) in accordance with regulations promulgated by the
Secretary, the holder of the license or permit has informed the
space flight participant in writing about the risks of the
launch or reentry, including the safety record of the launch or
reentry vehicle type, and the space flight participant has
provided written informed consent to participation in the
launch or reentry; and
``(B) the holder of the license or permit and space flight
participant have complied with all requirements of the laws of
the United States related to launching or reentering a space
flight participant.''.
(15) Section 70105(d) of title 49, United States Code, as
redesignated by paragraph (7) of this subsection, is amended by
inserting ``or permit'' after ``of a license''.
(16) Section 70106(a) of title 49, United States Code, is amended--
(A) by inserting ``at a site used for crew training,''
after ``assemble a launch vehicle or reentry vehicle,''; and
(B) by striking ``section 70104(c)'' and inserting
``sections 70104(c) and 70105(c)(4)''.
(17) Section 70110(a)(1) of title 49, United States Code, is
amended by striking ``70105(a)'' and inserting ``70105''.
(18) Section 70112(b)(1) of title 49, United States Code, is
amended--
(A) by inserting ``space flight participants,'' after ``its
contractors, subcontractors,'';
(B) by inserting ``or by space flight participants,'' after
``its own employees''; and
(C) by adding at the end the following: ``The requirement
for space flight participants to make a reciprocal waiver of
claims with the licensee or transferee shall expire 3 years
after the first licensed launch of a launch vehicle carrying a
space flight participant.''.
(19) Section 70112(b)(2) of title 49, United States Code, is
amended--
(A) by inserting ``crew, space flight participants,'' after
``transferee, contractors, subcontractors,''; and
(B) by inserting ``or by space flight participants,'' after
``its own employees''.
(20) Section 70113(a)(1) of title 49, United States Code, is
amended by inserting ``but not against a space flight participant,''
after ``subcontractor of a customer,''.
(21) Section 70113(f) of title 49, United States Code, is amended
by striking ``December 31, 2004.'' and inserting ``December 31, 2007.
This section does not apply to permits.''.
(22) Section 70115(b)(1)(D)(i) of title 49, United States Code, is
amended by inserting ``crew training site,'' after ``site of a launch
vehicle or reentry vehicle,''.
(23) Section 70119 of title 49, United States Code, is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) $11,776,000 for fiscal year 2005;
``(2) $11,776,000 for fiscal year 2006; and
``(3) $11,776,000 for fiscal year 2007.''.
(24) Section 70120 of title 49, United States Code, is amended by
adding at the end the following new subsections:
``(c) Amendments.--Not later than 12 months after the date of
enactment of the Commercial Space Launch Amendments Act of 2004, the
Secretary shall publish proposed regulations to carry out that Act,
including regulations relating to crew, space flight participants, and
permits for launch or reentry of reusable suborbital rockets. Not later
than 18 months after such date of enactment, the Secretary shall issue
final regulations.
``(d) Effective.--(1) Licenses for the launch or reentry of launch
vehicles or reentry vehicles with human beings on board and permits may
be issued by the Secretary prior to the issuance of the regulations
described in subsection (c).
``(2) As soon as practicable after the date of enactment of the
Commercial Space Launch Amendments Act of 2004, the Secretary shall
issue guidelines or advisory circulars to guide the implementation of
that Act until regulations are issued.
``(3) Notwithstanding paragraphs (1) and (2), no licenses for the
launch or reentry of launch vehicles or reentry vehicles with human
beings on board or permits may be issued starting three years after the
date of enactment of the Commercial Space Launch Amendments Act of 2004
unless the final regulations described in subsection (c) have been
issued.''.
SEC. 4. STUDY ON THE GRADUAL ELIMINATION OF COMMERCIAL SPACE
TRANSPORTATION LIABILITY RISK SHARING REGIME.
Not later than 60 days after the date of enactment of this Act, the
Secretary of Transportation shall enter into an appropriate arrangement
with the National Academy of Public Administration to conduct a study
of how best to gradually eliminate the liability risk sharing regime in
the United States for commercial space transportation under section
70113 of title 49, United States Code. The study shall assess methods
by which the liability risk sharing regime could be eliminated by 2008
or as soon as possible thereafter and the impact those methods would be
likely to have on the commercial space transportation industry. The
methods examined shall include incremental approaches.
SEC. 5. TECHNICAL AMENDMENT.
Section 102(c) of the Commercial Space Act of 1998 is repealed. | Space Commercial Human Ascent Serving Expeditions Act (Space CHASE Act) - Amends Federal law concerning commercial space transportation to specify that the Secretary of Transportation shall carry out commercial space launch activities through the Associate Administrator for Commercial Space Transportation.
Provides for the issuance of experimental permits for an unlimited number of launches of reusable suborbital rockets.
Subjects to specified conditions reusable suborbital rockets and holders of licenses or permits to launch and reenter crews and space flight participants.
Requires crew and space flight participants to execute reciprocal waivers of claims with licensees and permitees and the Federal government.
Makes liability indemnification program requirements inapplicable to space flight participants.
Extends liability insurance and financial responsibility requirements for three years.
Requires the Secretary to arrange for the National Academy of Public Administration to study how best to gradually eliminate by 2008 or so the liability risk sharing regime for commercial space transportation. | A bill to promote the development of the emerging commercial human space flight industry, to extend the liability indemnification regime for the commercial space transportation industry, to authorize appropriations for the Office of the Associate Administrator for Commercial Space Transportation, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elder Abuse Victims Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``abuse'', ``elder'', ``elder justice'',
``exploitation'', and ``neglect'' have the meanings given those
terms in section 2011 of the Social Security Act (42 U.S.C.
1397j);
(2) the term ``elder abuse'' includes neglect and
exploitation;
(3) the term ``Director'' means the Director of the Office
appointed under section 3(b);
(4) the term ``Office'' means the Office of Elder Justice
established under section 3(a);
(5) the term ``State'' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and any other territory of possession of the
United States; and
(6) the term ``task force'' means a multidisciplinary task
force on elder justice established or designated under section
5(c)(1).
SEC. 3. OFFICE OF ELDER JUSTICE.
(a) In General.--There is established within the Department of
Justice a office to be known as the Office of Elder Justice, which
shall address issues relating to elder abuse.
(b) Director.--The Office shall be headed by a Director who shall--
(1) be appointed by the President, by and with the advice
and consent of the Senate, from among individuals with
experience and expertise in elder abuse; and
(2) serve as counsel to the Attorney General on elder
justice and elder abuse.
(c) Responsibilities.--The Director shall--
(1) create, compile, evaluate, and disseminate materials
and information, and provide the necessary training and
technical assistance, to assist States and units of local
government in--
(A) investigating, prosecuting, pursuing,
preventing, understanding, and mitigating the impact
of--
(i) physical, sexual, and psychological
abuse of elders;
(ii) exploitation of elders, including
financial abuse and scams targeting elders; and
(iii) neglect of elders; and
(B) assessing, addressing, and mitigating the
physical and psychological trauma to victims of elder
abuse;
(2) collect data and perform an evidence-based evaluation
to--
(A) assure the efficacy of measures and methods
intended to prevent, detect, respond to, or redress
elder abuse; and
(B) evaluate the number of victims of elder abuse
in each State and the extent to which the needs of the
victims are served by crime victim services, programs,
and sources of funding;
(3) publish a report, on an annual basis, that describes
the results of the evaluations conducted under paragraphs (1)
and (2), and submit the report to each Federal agency, each
State, and the Committee on the Judiciary and the Special
Committee on Aging of the Senate and the Committee on the
Judiciary of the House of Representatives;
(4) evaluate training models to determine best practices,
create replication guides, create training materials, if
necessary, for law enforcement officers, prosecutors, judges,
emergency responders, individuals working in victim services,
adult protective services, social services, and public safety,
medical personnel, mental health personnel, financial services
personnel, and any other individuals whose work may bring them
in contact with elder abuse regarding how to--
(A) conduct investigations in elder abuse cases;
(B) address evidentiary issues and other legal
issues; and
(C) appropriately assess, respond to, and interact
with victims and witnesses in elder abuse cases,
including in administrative, civil, and criminal
judicial proceedings;
(5) conduct, and update on a regular basis, a study of laws
and practices relating to elder abuse, neglect, and
exploitation, including--
(A) a comprehensive description of State laws and
practices;
(B) an analysis of the effectiveness of State laws
and practices, including--
(i) whether the State laws are enforced;
and
(ii) if enforced--
(I) how the State laws are
enforced; and
(II) how enforcement of the State
laws has effected elder abuse within
the State;
(C) a review of State definitions of the terms
``abuse'', ``neglect'', and ``exploitation'' in the
context of elder abuse cases;
(D) a review of State laws that mandate reporting
of elder abuse, including adult protective services
laws, laws that require the reporting of nursing home
deaths or suspicious deaths of elders to coroners or
medical examiners, and other pertinent reporting laws,
that analyzes--
(i) the impact and efficacy of the State
laws;
(ii) whether the State laws are enforced;
(iii) the levels of compliance with the
State laws; and
(iv) the response to, and actions taken as
a result of, reports made under the State laws;
(E) a review of State evidentiary, procedural,
sentencing, choice of remedies, and data retention
issues relating to elder abuse, neglect, and
exploitation;
(F) a review of State fiduciary laws, including law
relating to guardianship, conservatorship, and power of
attorney;
(G) a review of State laws that permit or encourage
employees of depository institutions (as defined in
section 3(c)(1) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(c)(1)) and State credit unions (as
defined in section 101 of the Federal Credit Union Act
(12 U.S.C. 1752)) to prevent and report suspected elder
abuse, neglect, and exploitation;
(H) a review of State laws used in civil court
proceedings to prevent and address elder abuse;
(I) a review of State laws relating to fraud and
related activities in connection with mail,
telemarketing, the Internet, or health care;
(J) a review of State laws that create programs,
offices, entities, or other programs that address or
respond to elder abuse; and
(K) an analysis of any other State laws relating to
elder abuse; and
(6) carry out such other duties as the Attorney General
determines necessary in connection with enhancing the
understanding, prevention, detection, and response to elder
abuse.
SEC. 4. DATA COLLECTION.
The Attorney General, in consultation with the Secretary of Health
and Human Services, shall, on an annual basis--
(1) collect from Federal, State, and local law enforcement
agencies and prosecutor offices statistical data relating to
the incidence of elder abuse, including data relating to--
(A) the number of elder abuse cases referred to law
enforcement agencies, adult protective services, or any
other State entity tasked with addressing elder abuse;
(B) the number and types of cases filed in Federal,
State, and local courts; and
(C) the outcomes of the cases described in
subparagraphs (A) and (B) and the reasons for such
outcomes;
(2) identify common data points among Federal, State, and
local law enforcement agencies and prosecutor offices that
would allow for the collection of uniform national data;
(3) publish a summary of the data collected under
paragraphs (1) and (2);
(4) identify--
(A) the types of data relevant to elder abuse that
should be collected; and
(B) what entity is most capable of collecting the
data described in subparagraph (A); and
(5) develop recommendations for collecting additional data
relating to elder abuse.
SEC. 5. ELDER VICTIMS GRANT PROGRAM.
(a) In General.--The Director may make grants and provide technical
assistance to not more than 15 States to assist the States in
developing, establishing, and operating programs designed to improve--
(1) the response to cases of elder abuse in a manner that
limits additional trauma to the elder victims; and
(2) the investigation and prosecution of cases of elder
abuse.
(b) Eligibility.--A State is eligible to receive a grant under this
section if the State--
(1) has a crime victims compensation program that meets the
criteria described in section 1403(b) of the Victims of Crime
Act of 1984 (42 U.S.C. 10602(b)); and
(2) is in compliance with subsection (c).
(c) Establishment of Task Force.--
(1) In general.--In order to be eligible to receive a grant
under this section, a State shall establish or, subject to
paragraph (5), designate a multidisciplinary task force on
elder justice that is composed of professionals with knowledge
and experience relating to the criminal justice system and
issues of elder abuse.
(2) Membership requirement.--Except as provided in
paragraph (6), a task force shall include--
(A) representatives from law enforcement agencies,
such as police officers, sheriffs and deputy sheriffs,
detectives, public safety officers, corrections
officers, investigators and victims' service personnel;
(B) a representative from the crime victim
compensation program of the State;
(C) judicial and legal officers, including
individuals who work on cases of elder abuse;
(D) elder justice and elder law advocates,
including local agencies on aging and local public and
private agencies and entities relating to elder abuse
and other crimes against elders;
(E) health and mental health professionals;
(F) representatives from social services agencies
in the State;
(G) representatives from adult protective services;
and
(H) family members of victims of elder abuse.
(3) Review and evaluation.--A task force shall--
(A) review and evaluate the investigative,
administrative, and judicial responses to cases of
elder abuse in the State;
(B) make recommendations to the State based on the
review and evaluation conducted under subparagraph (A),
including recommendations relating to--
(i) modifying the investigative,
administrative, and judicial response to cases
of elder abuse, in a manner that--
(I) reduces the additional trauma
to the elder victim; and
(II) ensures procedural fairness to
the individual accused of elder abuse;
and
(ii) experimental, model, and demonstration
programs for testing innovative approaches and
techniques that may improve the rate of
successful prosecution or enhance the
effectiveness of judicial and administrative
action in elder abuse cases, and which ensure
procedural fairness to the accused, including a
determination of which programs are most
effective; and
(C) submit the recommendations described in
subparagraph (B) to the Office.
(4) Report.--Not later than 1 year after a State receives
grant funds under this section, the State shall submit to the
Director a report that includes--
(A) an evaluation of the effectiveness of the grant
program;
(B) a list of all laws of the State relating to
elder abuse; and
(C) any other information the Director may require.
(5) Task force alternative.--If determined appropriate by
the Director, a State may designate a commission or task force
established by a State before January 1, 2011, with membership
and functions comparable to those described in paragraphs (2)
and (3), as a task force for the purposes of this subsection.
(6) Task force membership waiver.--The Director may waive,
in part, the task force membership requirements under paragraph
(2) for a State that demonstrates a need for the waiver.
(d) Use of Funds.--Grant funds awarded under this section may be
used to support--
(1) State and local prosecutor offices and courts in elder
abuse matters, including--
(A) hiring or paying salary and benefits for
employees and establishing or implementing units
designated to work on elder justice issues in State
prosecutors' offices and State courts; and
(B) hiring or paying salary and benefits for an
employee to coordinate elder justice-related cases,
training, technical assistance, and policy development
for State and local prosecutors and courts;
(2) State and local law enforcement agencies investigating
cases of elder abuse; and
(3) adult protective services.
(e) Evaluation and Report.--Not later than 1 year after the date on
which the Director makes available the final funds awarded under a
grant under this section, the Director shall--
(1) evaluate the grant program established under this
section; and
(2) submit to the appropriate congressional committees a
report on the evaluation conducted under paragraph (1),
including recommendations on whether the grant program should
be continued.
SEC. 6. ELDER JUSTICE COORDINATING COUNCIL.
Section 2021(b)(1)(B) of the Social Security Act (42 U.S.C.
1397k(b)(1)(B)) is amended by striking ``(or the Attorney General's
designee)'' and inserting ``(or the Director of the Office of Elder
Justice)''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$20,000,000 for each of fiscal years 2012 through 2014. | Elder Abuse Victims Act of 2011 - Establishes within the Department of Justice (DOJ) an Office of Elder Justice, which shall address issues relating to elder abuse. Requires the Director of such Office to: (1) provide information, training, and technical assistance to assist states and local governments in preventing, investigating, prosecuting, and mitigating the impact of elder abuse, exploitation, and neglect and in addressing the physical and psychological trauma to victims of such abuse; (2) evaluate the efficacy of measures intended to prevent, detect, respond to, or redress elder abuse and the extent to which the needs of the victims in each state are met by crime victim services, programs, and sources of funding; (3) evaluate training models to determine best practices for investigating elder abuse, addressing evidentiary and legal issues, and interacting with victims; and (4) conduct, and regularly update, a study of state laws and practices relating to elder abuse, neglect, and exploitation.
Directs the Attorney General to annually: (1) collect from federal, state, and local law enforcement agencies and prosecutor offices statistical data relating to the incidence of elder abuse; (2) identify common data points among federal, state, and local law enforcement agencies and prosecutor offices that would allow for the collection of uniform national data; (3) publish a summary of the data collected; (4) identify the types of elder abuse data that should be collected and what entity is most capable of collecting it; and (5) develop recommendations for collecting additional data.
Authorizes the Director to provide grants and technical assistance to assist not more than 15 states in establishing and operating programs designed to improve: (1) the response to elder abuse in a manner that limits additional trauma to victims, and (2) the investigation and prosecution of cases of elder abuse. Requires eligible states to: (1) have a qualified crime victims compensation program; and (2) establish or designate a multidisciplinary task force on elder justice.
Amends the Social Security Act to include the Director as the alternate for the Attorney General as a member of the Elder Justice Coordinating Council. | A bill to better protect, serve, and advance the rights of victims of elder abuse and exploitation by establishing a program to encourage States and other qualified entities to create jobs designed to hold offenders accountable, enhance the capacity of the justice system to investigate, pursue, and prosecute elder abuse cases, identify existing resources to leverage to the extent possible, and assure data collection, research, and evaluation to promote the efficacy and efficiency of the activities described in this Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bear Protection Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) all 8 extant species of bear--Asian black bear, brown
bear, polar bear, American black bear, spectacled bear, giant
panda, sun bear, and sloth bear--are listed on Appendix I or II
of the Convention on International Trade in Endangered Species
of Wild Fauna and Flora (27 UST 1087; TIAS 8249) (referred to
in this section as ``CITES'');
(2) Article XIV of CITES provides that Parties to CITES may
adopt stricter domestic measures regarding the conditions for
trade, taking, possession, or transport of species on Appendix
I or II, and the Parties to CITES adopted a resolution (Conf.
10.8) urging Parties to take immediate action to demonstrably
reduce the illegal trade in bear parts and derivatives;
(3) the Asian bear populations have declined significantly
in recent years, as a result of habitat loss and poaching due
to a strong demand for bear viscera used in traditional
medicines and cosmetics;
(4) Federal and State undercover operations have revealed
that American bears have been poached for their viscera;
(5) while most American black bear populations are
generally stable or increasing, commercial trade could
stimulate poaching and threaten certain populations if the
demand for bear viscera increases; and
(6) prohibitions against the importation into the United
States and exportation from the United States, as well as
prohibitions against the interstate trade, of bear viscera and
products containing, or labeled or advertised as containing,
bear viscera will assist in ensuring that the United States
does not contribute to the decline of any bear population as a
result of the commercial trade in bear viscera.
SEC. 3. PURPOSES.
The purpose of this Act is to ensure the long-term viability of the
world's 8 bear species by--
(1) prohibiting international trade in bear viscera and
products containing, or labeled or advertised as containing,
bear viscera;
(2) encouraging bilateral and multilateral efforts to
eliminate such trade; and
(3) ensuring that adequate Federal legislation exists with
respect to domestic trade in bear viscera and products
containing, or labeled or advertised as containing, bear
viscera.
SEC. 4. DEFINITIONS.
In this Act:
(1) Bear viscera.--The term ``bear viscera'' means the body
fluids or internal organs, including the gallbladder and its
contents but not including blood or brains, of a species of
bear.
(2) Import.--The term ``import'' means to land on, bring
into, or introduce into any place subject to the jurisdiction
of the United States, whether or not the landing, bringing, or
introduction constitutes an importation within the meaning of
the customs laws of the United States.
(3) Person.--The term ``person'' means--
(A) an individual, corporation, partnership, trust,
association, or other private entity;
(B) an officer, employee, agent, department, or
instrumentality of--
(i) the Federal Government;
(ii) any State, municipality, or political
subdivision of a State; or
(iii) any foreign government;
(C) a State, municipality, or political subdivision
of a State; and
(D) any other entity subject to the jurisdiction of
the United States.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, the Commonwealth of the Northern Mariana
Islands, American Samoa, and any other territory, commonwealth,
or possession of the United States.
(6) Transport.--The term ``transport'' means to move,
convey, carry, or ship by any means, or to deliver or receive
for the purpose of movement, conveyance, carriage, or shipment.
SEC. 5. PROHIBITED ACTS.
(a) In General.--Except as provided in subsection (b), a person
shall not--
(1) import into, or export from, the United States bear
viscera or any product, item, or substance containing, or
labeled or advertised as containing, bear viscera; or
(2) sell or barter, offer to sell or barter, purchase,
possess, transport, deliver, or receive, in interstate or
foreign commerce, bear viscera or any product, item, or
substance containing, or labeled or advertised as containing,
bear viscera.
(b) Exception for Wildlife Law Enforcement Purposes.--A person
described in subparagraph (B) or (C) of section 4(3) may import into,
or export from, the United States, or transport between States, bear
viscera or any product, item, or substance containing, or labeled or
advertised as containing, bear viscera if the importation, exportation,
or transportation--
(1) is solely for wildlife law enforcement purposes; and
(2) is authorized by a valid permit issued under Appendix I
or II of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249), in
any case in which such a permit is required under the
Convention.
SEC. 6. PENALTIES AND ENFORCEMENT.
(a) Criminal Penalties.--A person that knowingly violates section 5
shall be fined under title 18, United States Code, imprisoned not more
than 1 year, or both.
(b) Civil Penalties.--
(1) Amount.--A person that knowingly violates section 5 may
be assessed a civil penalty by the Secretary of not more than
$25,000 for each violation.
(2) Manner of assessment and collection.--A civil penalty
under this subsection shall be assessed, and may be collected,
in the manner in which a civil penalty under the Endangered
Species Act of 1973 may be assessed and collected under section
11(a) of that Act (16 U.S.C. 1540(a)).
(c) Products, Items, and Substances.--Any bear viscera, or any
product, item, or substance sold, imported, or exported, or attempted
to be sold, imported, or exported, in violation of this section
(including any regulation issued under this section) shall be seized
and forfeited to the United States.
(d) Regulations.--After consultation with the Secretary of the
Treasury, the Secretary of Health and Human Services, and the United
States Trade Representative, the Secretary shall issue such regulations
as are necessary to carry out this section.
(e) Enforcement.--The Secretary, the Secretary of the Treasury, and
the Secretary of the department in which the Coast Guard is operating
shall enforce this section in the manner in which the Secretaries carry
out enforcement activities under section 11(e) of the Endangered
Species Act of 1973 (16 U.S.C. 1540(e)).
(f) Use of Penalty Amounts.--Amounts received as penalties, fines,
or forfeiture of property under this section shall be used in
accordance with section 6(d) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(d)).
SEC. 7. DISCUSSIONS CONCERNING TRADE PRACTICES.
The Secretary and the Secretary of State shall discuss issues
involving trade in bear viscera with the appropriate representatives of
countries trading with the United States that are determined by the
Secretary and the United States Trade Representative to be the leading
importers, exporters, or consumers of bear viscera, and attempt to
establish coordinated efforts with the countries to protect bears.
SEC. 8. REPORT.
Not later than 1 year after the date of enactment of this Act, the
Secretary, in cooperation with appropriate State agencies, shall submit
to the Committee on Environment and Public Works of the Senate and the
Committee on Resources of the House of Representatives a report
detailing the progress of efforts to end the illegal trade in bear
viscera. | Bear Protection Act of 1999 - Prohibits any person from: (1) importing bear viscera into, or exporting it from, the United States; or (2) selling bear viscera, bartering, offering it for sale or barter, or purchasing, possessing, transporting, delivering, or receiving it in interstate or foreign commerce. Subjects persons who violate such prohibitions to specified penalties. Waives such prohibition for wildlife law enforcement purposes where a valid permit has been issued.
Requires the Secretary of the Interior and the Secretary of State to discuss issues involving such trade with the appropriate representatives of countries that are the leading importers, exporters, or consumers of such products. Requires the Secretary of the Interior to report to Congress on the progress of efforts to end illegal trade in bear viscera. | Bear Protection Act of 1999 |
SECTION 1. DEFINITIONS.
Section 102(16) of the Controlled Substances Act is amended by
adding at the end thereof the following new sentence: ``Such term also
does not include tetrahydrocannabinols not derived, extracted, or
prepared from plant Cannabis sativa L.''.
SEC. 2. AUTHORIZING THE MEDICAL PRESCRIPTION OF MARIHUANA.
(a) Schedule I Amendment.--Paragraph (c) of schedule I of section
202(c) of the Controlled Substances Act is amended--
(1) by striking out subparagraph (10);
(2) by redesignating subparagraphs (11) through (17) as
subparagraphs (10) through (16), respectively; and
(3) by amending subparagraph (16) (as so redesignated) to
read as follows:
``(16) Tetrahydrocannabinols not derived, manufactured, or
prepared from the plant Cannabis sativa L.''.
(b) Schedule II Amendment.--Paragraph (a) of schedule II of section
202(c) of the Controlled Substances Act is amended by adding at the end
thereof the following new subparagraph:
``(5) Marihuana.''.
SEC. 3. PRODUCTION AND DISTRIBUTION OF MEDICINAL MARIHUANA.
(a) Rulemaking.--Section 301 of the Controlled Substances Act is
amended by adding at the end thereof the following: ``, except that
rules and regulations specifically relating to the regulation and
control of the production, distribution, and dispensing of marihuana to
sections 312 and 313 shall be promulgated by the Secretary.''.
(b) Production and Distribution.--Part C of the Controlled
Substances Act is amended by adding at the end the following:
``office for the supply of internationally controlled drugs
``Sec. 311. (a) There is established in the Department of Health
and Human Services an office to be known as the Office for the Supply
of Internationally Controlled Drugs (hereinafter referred to in this
section and sections 312 and 313 as the `Office'). The Office shall be
responsible for regulating, administering, and supervising the domestic
production of marihuana and, in accordance with section 313, for the
distribution of marihuana for medical, scientific, and research
purposes.
``(b) The Office shall be under the direction of a Chief Officer
who shall be appointed by the Secretary. The Secretary is authorized to
delegate his powers and responsibilities under sections 312 and 313 to
the Chief Officer.
``production of medicinal marihuana
``Sec. 312. (a) The Secretary shall take all necessary actions to
secure and maintain a supply of marihuana adequate for the legitimate
medical, research, scientific, and export needs of the United States.
The Secretary shall determine the total quantity of marihuana to be
produced each calendar year to provide for the estimated medical,
scientific, and research needs of the United States, for the
establishment of reserve stocks, and for any lawful export requirements
established by the Attorney General under section 1003. Based on the
determination under the preceding sentence, the Secretary shall
recommend to the Attorney General the aggregate production quotas that
must be established for marihuana under section 306(a). The
recommendations of the Secretary concerning aggregate production quotas
for marihuana shall be binding on the Attorney General.
``(b)(1) In order to maintain an adequate supply of marihuana, the
Secretary shall periodically publish notices soliciting bids on a
contract or contracts for the domestic cultivation and delivery of
marihuana. All bids submitted must specify the areas in which, and the
land on which, cultivation of marihuana will be conducted. All bids
submitted must be accompanied by an application for registration under
section 302.
``(2) The Secretary shall forward a copy of the registration
application to the Attorney General. The Secretary, after consultation
with the Attorney General, shall recommend to the Attorney General that
the application for registration be granted or denied, taking into
account the factors set forth in section 303(a). The recommendations of
the Secretary concerning the registration of applicants to produce
marihuana shall be binding on the Attorney General.
``(3) The Secretary may accept or reject any bid that is submitted
by registered bidders, taking into consideration (A) the factors set
forth in section 303(a), and (B) price. Marihuana may be produced only
by accepted bidders, solely on the land specified in the applicants'
bids. The Secretary shall provide persons whose bids have been accepted
with marihuana seeds capable of germination. Such seeds shall be
obtained by the Secretary from legitimate commercial producers of
marihuana or, if this is not feasible, the National Institute on Drug
Abuse, the Attorney General through the Drug Enforcement
Administration, or the Secretary of Agriculture shall provide the
Secretary with an adequate supply of seeds capable of germination.
``(c) Upon acceptance of a bid for the production of marihuana, the
Secretary shall establish an individual quota for the production of
marihuana for the bidder and shall recommend to the Attorney General
that this quota be assigned to the bidder where required under section
306. The recommendations of the Secretary concerning individual quotas
for the production of marihuana, including recommendations that such a
quota be decreased or increased, shall be binding on the Attorney
General.
``(d) The Secretary may revoke or suspend the acceptance of any bid
for the production of marihuana prior to the expiration of the contract
executed on the basis of the bid upon a finding by the Secretary (1)
that the bidder has materially breached the terms of the contract
relating to the maintenance of effective controls against diversion of
marihuana into other than legitimate medical, scientific, and
industrial channels; or (2) that any of the reasons specified in
section 304(a) are applicable. Upon such revocation or suspension, the
Secretary shall recommend to the Attorney General that the bidder's
registration for the production of marihuana be revoked or suspended
pursuant to section 304 and such recommendations by the Secretary shall
be binding on the Attorney General.
``(e) Within four months of the end of the harvest of marihuana
grown by registered bidders pursuant to contract with the Office, the
Office or its delegate or delegates shall take physical possession of
the marihuana harvested.
``(f)(1) The Secretary may, at his discretion, periodically publish
notices soliciting bids on a contract or contracts for the physical
collection, processing, and shipping of marihuana crops produced under
contracts entered into under subsection (b) or of imported or forfeited
stocks described in subsections (g) and (h). All bids submitted must be
accompanied by an application for registration under section 302.
``(2) The Secretary shall forward a copy of the registration
application to the Attorney General. The Secretary, after consultation
with the Attorney General, shall recommend to the Attorney General that
the application for registration be granted or denied, taking into
account the factors set forth in section 303(b) and such
recommendations of the Secretary shall be binding on the Attorney
General.
``(3) The Secretary may accept or reject any bids submitted by
registered bidders, taking into consideration (A) the factors set forth
in section 303(b); (B) the provisions in the bid for the processing of
raw marihuana into medically usable forms, including the provisions for
the maintenance of controlled amounts of tetrahydrocannabinols in each
dosage unit; and (C) price.
``(g) If a supply of marihuana adequate to meet domestic medical,
scientific, and research needs is not obtained through contractual
arrangements with domestic registered bidders, the Secretary shall
declare that a state of emergency exists. The declaration by the
Secretary of a state of emergency due to inadequate domestic supplies
of marihuana shall have the same effect as a finding by the Attorney
General of an emergency due to inadequate domestic supplies under
section 1002(a)(2)(A). If no applicants are registered to import
marihuana under sections 1007 and 1008 within sixty days of the date of
the declaration by the Secretary that a state of emergency exists, the
Secretary shall make arrangements for the direct importation by the
Office of a supply of marihuana adequate for domestic medical,
scientific, and research needs.
``(h) If, while a state of emergency declared under subsection (g)
exists, the Secretary finds that a supply of marihuana adequate for
domestic medical, scientific, and research needs cannot be obtained
through importation, then the Secretary may request that the Attorney
General forward to the Office forfeited stocks of marihuana that are
unadulterated with other substances, pursuant to section 511(e).
``distribution of medicinal marihuana
``Sec. 313. (a) Marihuana shall be distributed only to hospitals
and pharmacies that are--
``(1) registered under section 303(f) to dispense drugs in
schedule II of section 202; and
``(2) specified by
``(A) an eligible physician who plans to use
marihuana in the treatment of the nausea of patients
who are undergoing cancer chemotherapy or radiology or
in the treatment of patients who have glaucoma, AIDS
wasting syndrome, or muscle spasms from certain spastic
disorders, including multiple sclerosis, paraplegia,
and quadriplegia; or
``(B) a person who has obtained approval by the
Secretary of an investigational new drug application
under section 505(i) of the Federal Food, Drug, and
Cosmetic Act for research involving the use of
marihuana.
``(b) In order to be certified as a physician eligible for purposes
of subsection (a)(2)(A), the physician must file a written application
with the Office seeking permission to use marihuana in his practice.
Such an application shall be approved or denied within thirty days of
its receipt by the Office, or, where possible, within such shorter time
as is deemed essential by the applicant in cases of medical emergency.
If an application is not acted upon within thirty days of its receipt
by the Office, it shall be deemed approved. To be approved an
application must affirmatively state--
``(1) that the applicant is a physician registered under
section 303(f) to dispense controlled drugs in schedule II of
section 202;
``(2) the applicant's registration number;
``(3) that the applicant will use the requested marihuana
solely for the treatment of glaucoma, AIDS wasting syndrome,
muscle spasms from certain spastic disorders, including
multiple sclerosis, paraplegia, and quadriplegia, or the nausea
associated with cancer chemotherapy or radiology;
``(4) the name of all pharmacies or hospitals registered to
dispense schedule II drugs that the applicant is requesting
that supplies of marihuana be sent to;
``(5) that the applicant will inform the Office of any
adverse reactions by his patients to the use of marihuana; and
``(6) that prior to administration of marihuana to any
patient, he will obtain from the patient a signed consent form
stating that informed patient consent has been obtained.
Unless the Secretary determines that an application which makes the
statements required by the preceding sentence contains a misstatement
of fact, the application shall be approved upon payment of a reasonable
fee to cover the costs of processing the application. Approval of a
physician's application may be suspended or revoked by the Secretary
for good cause shown.
``(c)(1) Upon certification of a physician as eligible under
subsection (b), the Secretary shall issue serially numbered marihuana
order forms to all registered pharmacies or hospitals listed on the
eligible physician's application form. Whenever any such form is issued
to a pharmacy or hospital the Secretary shall, before delivery thereof,
insert therein the name of the pharmacy or hospital, and it shall be
unlawful for any other person (A) to use such form for the purpose of
obtaining controlled substances; or (B) to furnish such form to any
person with intent thereby to procure the distribution of such
substances.
``(2) It shall be unlawful for any person to obtain by means of
order forms issued under this subsection controlled substances for any
purpose other than their use, distribution, dispensing, or
administration in the conduct of a lawful business in such substances
or in the course of his professional practice or research.
``(3) Written orders made on marihuana order forms issued under
this subsection shall satisfy the requirements of section 308(a).
``(4) The preservation and availability requirements of section
308(c) apply to orders made on forms issued under this subsection.
``(d) Hospitals and pharmacies may obtain supplies of marihuana
only by forwarding a written order to the Secretary on the form issued
in blank in accordance with subsection (c). Upon receipt from a
hospital or pharmacy of a properly completed marihuana order form
requesting a supply of marihuana the Office or its delegate or
delegates shall forward a supply of marihuana to the pharmacy or
hospital within a reasonable time. If notified by an eligible physician
that there is a medical urgency for immediate shipment, the Office or
its delegate or delegates shall forward a supply of marihuana within
five days of such notice, or sooner if feasible. Also, upon receipt by
the Secretary of a written request of a person who has obtained
approval of an investigational new drug application under section
505(i) of the Federal Food, Drug, and Cosmetic Act for research
involving the use of marihuana, the Office or its delegate or delegates
shall forward a supply of marihuana to the specified pharmacy or
hospital licensed to dispense schedule II drugs within a reasonable
time.
``(e) The Secretary is directed to set a price for marihuana that
will recoup, within a reasonable time, all of the costs incurred by the
Federal Government in producing, processing, and distributing
marihuana.
``(f) Within six months from the date of the enactment of this
section, the Secretary, after consultation with the Attorney General,
shall promulgate regulations consistent with public health and safety
that are in accord with the provisions of this title to ensure an
adequate supply of medically usable marihuana and to ensure proper
safeguards regarding the production, storage, processing, distribution,
and dispensing of marihuana so as to prevent its diversion into other
than legitimate medical, scientific, or research channels.''.
(c) Penalty.--Section 402(a) of the Controlled Substances Act is
amended (1) by striking out ``or'' at the end of paragraph (9), (2) by
striking out the period at the end of paragraph (10) and inserting in
lieu thereof ``; or'', and (3) by adding at the end the following new
paragraph:
``(11) to use an order form issued under section 313(c) in
a manner prohibited by such section or to furnish such a form
in violation of such section.''.
SEC. 4. COMPLIANCE WITH THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
The Federal Food, Drug, and Cosmetic Act is amended by inserting
after section 505 the following:
``therapeutic use of marihuana
``Sec. 505A. (a) Notwithstanding section 505(a), the approval of
the Secretary shall not be required for the introduction or delivery of
marihuana into interstate commerce in compliance with the requirements
of sections 312 and 313 of the Controlled Substances Act.
``(b) Marihuana is defined as a prescription drug for purposes of
section 503(b). Only physicians who are eligible to obtain marihuana
under section 313(b) of the Controlled Substances Act may issue written
prescriptions authorizing the dispensing of marihuana under section
503(b).''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated not to exceed $5,000,000 for
the fiscal year 1996, and $5,000,000 for the fiscal year 1997, for the
use of the Office for the Supply of Internationally Controlled Drugs in
conducting, contracting for, supervising, and administering the
production, testing, processing, distribution, and dispensing of
marihuana.
SEC. 6. INTERIM PROVISIONS.
The Secretary of Health and Human Services shall procure a supply
of marihuana adequate for the scientific, medical, and research needs
of the United States within 12 months after the date of the enactment
of this Act. The Secretary of Health and Human Services and the
Attorney General shall ensure that persons now receiving marihuana
pursuant to research projects approved by the Secretary of Health and
Human Services continue to receive uninterrupted supplies until the
system for the processing and distribution of marihuana produced
pursuant to the Controlled Substances Act is fully operational. | Amends the Controlled Substances Act (CSA) to authorize the medical prescription of marihuana, subject to regulations to be promulgated by the Secretary of Health and Human Services.
Establishes in the Department of Health and Human Services the Office for the Supply of Internationally Controlled Drugs which shall be responsible for regulating, administering, and supervising the domestic production of marihuana for distribution for medical, scientific, and research purposes.
Directs the Secretary to take all necessary actions to secure and maintain a supply of marihuana adequate for the legitimate medical, research, scientific, and export needs of the United States.
Directs: (1) the Office or its delegates, within four months of the end of the harvest of marihuana grown by registered bidders pursuant to contract with the Office, to take physical possession of the marihuana harvested; and (2) the Secretary to declare that a state of emergency exists if a supply of marihuana adequate to meet domestic medical, scientific, and research needs is not obtained through contractual arrangements with domestic registered bidders, in which case the Secretary shall make arrangements for the direct importation by the Office of an adequate supply, subject to specified requirements.
Sets forth procedures for: (1) physicians to file written applications with the Office seeking permission to use marihuana in their practices; and (2) hospitals and pharmacies to obtain supplies of marihuana.
Directs the Secretary to: (1) set a price for marihuana that will recoup, within a reasonable time, all of the costs incurred by the Government in producing, processing, and distributing marihuana; and (2) promulgate regulations to ensure an adequate supply of medically usable marihuana and to ensure proper safeguards to prevent its diversion to other than legitimate channels.
Sets penalties for using an order form for the distribution of medicinal marihuana in a manner prohibited under the CSA or to furnish such a form in violation of the CSA.
Amends the Federal Food, Drug, and Cosmetic Act to provide that: (1) the approval of the Secretary shall not be required for the introduction or delivery of marihuana into interstate commerce in compliance with the CSA; and (2) marihuana is defined as a prescription drug for specified purposes and only physicians who are eligible to obtain marihuana under the CSA may issue written prescriptions authorizing the dispensing of marihuana.
Authorizes appropriations.
Sets forth interim provisions. | To provide for the therapeutic use of marihuana in situations involving life-threatening or sense-threatening illnesses and to provide adequate supplies of marihuana for such use. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Customer Non-Discrimination Act''.
SEC. 2. PUBLIC ACCOMMODATIONS.
(a) Prohibition on Discrimination or Segregation in Public
Accommodations.--Section 201 of the Civil Rights Act of 1964 (42 U.S.C.
2000a) is amended--
(1) in subsection (a), by inserting ``sex, sexual
orientation, gender identity,'' before ``or national origin'';
and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``stadium'' and
all that follows and inserting ``stadium or other place
of or establishment that provides exhibition,
entertainment, recreation, exercise, amusement,
gathering, or display;'';
(B) by redesignating paragraph (4) as paragraph
(6); and
(C) by inserting after paragraph (3) the following:
``(4) any establishment that provides a good, service, or
program, including a store, shopping center, online retailer or
service provider, salon, bank, gas station, food bank, service
or care center, shelter, travel agency, or funeral parlor, or
establishment that provides health care, accounting, or legal
services;
``(5) any train service, bus service, car service, taxi
service, airline service, station, depot, or other place of or
establishment that provides transportation service; and''.
(b) Prohibition on Discrimination or Segregation Under Law.--
Section 202 of such Act (42 U.S.C. 2000a-1) is amended by inserting
``sex, sexual orientation, gender identity,'' before ``or national
origin''.
(c) Definitions and Rules of Construction.--Title II of such Act
(42 U.S.C. 2000a et seq.) is amended by adding at the end the
following:
``SEC. 208. DEFINITIONS AND RULES.
``(a) Definitions.--
``(1) Race; color; religion; sex; sexual orientation;
gender identity; national origin.--The term `race', `color',
`religion', `sex', `sexual orientation', `gender identity', or
`national origin', used with respect to an individual,
includes--
``(A) the race, color, religion, sex, sexual
orientation, gender identity, or national origin,
respectively, of another person with whom the
individual is associated or has been associated; and
``(B) a perception or belief, even if inaccurate,
concerning the race, color, religion, sex, sexual
orientation, gender identity, or national origin,
respectively, of the individual.
``(2) Gender identity.--The term `gender identity' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.
``(3) Including.--The term `including' means including, but
not limited to, consistent with the term's standard meaning in
Federal law.
``(4) Sex.--The term `sex' includes--
``(A) a sex stereotype;
``(B) pregnancy, childbirth, or a related medical
condition; and
``(C) sexual orientation or gender identity.
``(5) Sexual orientation.--The term `sexual orientation'
means homosexuality, heterosexuality, or bisexuality.
``(b) Rules.--In this title--
``(1) (with respect to sex) pregnancy, childbirth, or a
related medical condition shall not receive less favorable
treatment than other physical conditions; and
``(2) (with respect to gender identity) an individual shall
not be denied access to a shared facility, including a
restroom, a locker room, and a dressing room, that is in
accordance with the individual's gender identity.
``SEC. 209. RULES OF CONSTRUCTION.
``(a) Claims and Remedies Not Precluded.--Nothing in this title
shall be construed to limit the claims or remedies available to any
individual for an unlawful practice on the basis of race, color,
religion, sex, sexual orientation, gender identity, or national origin
including claims brought pursuant to section 1979 or 1980 of the
Revised Statutes (42 U.S.C. 1983, 1985) or any other law, including the
Federal law amended by the Customer Non-Discrimination Act, regulation,
or policy.
``(b) No Negative Inference.--Nothing in this title shall be
construed to support any inference that any Federal law prohibiting a
practice on the basis of sex does not prohibit discrimination on the
basis of pregnancy, childbirth, or a related medical condition, sexual
orientation, gender identity, or a sex stereotype.
``(c) Scope of an Establishment.--A reference in this title to an
establishment--
``(1) shall be construed to include an individual whose
operations affect commerce and who is a provider of a good,
service, or program; and
``(2) shall not be construed to be limited to a physical
facility or place.
``SEC. 210. CLAIMS.
``The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb
et seq.) shall not provide a claim concerning, or a defense to a claim
under this title or provide a basis for challenging the application or
enforcement of this title.''. | Customer Non-Discrimination Act This bill amends the Civil Rights Act of 1964 to include sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation in places of public accommodation. It defines: "sex" to include a sex stereotype, sexual orientation or gender identity, and pregnancy, childbirth, or a related medical condition; "sexual orientation" as homosexuality, heterosexuality, or bisexuality; and "gender identity" as gender-related identity, appearance, mannerisms, or characteristics, regardless of the individual's designated sex at birth. The bill expands the categories of public accommodations to include places or establishments that provide: exhibitions, recreation, exercise, amusement, gatherings, or displays; goods, services, or programs, including a store, a shopping center, an online retailer or service provider, a salon, a bank, a gas station, a food bank, a service or care center, a shelter, a travel agency, a funeral parlor, or a health care, accounting, or legal service; or transportation services. "Establishment" shall not be construed to be limited to a physical facility or place. Protections against discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin must include protections against discrimination based on: (1) an association with another person who is a member of such a protected class; or (2) a perception or belief, even if inaccurate, that an individual is a member of such a protected class. The bill prohibits the Religious Freedom Restoration Act of 1993 from providing a claim, defense, or basis for challenging such protections. The bill prohibits denial of an individual's access to a shared facility (including a restroom, a locker room, and a dressing room) that is in accordance with the individual's gender identity. | Customer Non-Discrimination Act |
TITLE I--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ORGANIC ACT OF
2004
SECTION 101. SHORT TITLE.
This Act may be cited as the ``National Oceanic and Atmospheric
Administration Organic Act of 2004''.
SEC. 102. ESTABLISHMENT.
There is established within the Department of Commerce, the
National Oceanic and Atmospheric Administration.
SEC. 103. DEFINITIONS.
As used in this Act:
(1) The terms ``NOAA'' and ``Administration'' mean the
National Oceanic and Atmospheric Administration established by
section 102.
(2) The term ``Secretary'' means the Secretary of Commerce.
(3) The terms ``Under Secretary'' or ``Administrator'' mean
the Under Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.
(4) The terms ``Assistant Secretary'' or ``Deputy
Administrator'' mean the Assistant Secretary of Commerce for
Oceans and Atmosphere and Deputy Administrator of the National
Oceanic and Atmospheric Administration.
SEC. 104. POSITIONS.
(a) Under Secretary.--There shall be within NOAA an Under Secretary
of Commerce for Oceans and Atmosphere and Administrator of the National
Oceanic and Atmospheric Administration appointed by the President by
and with the advice and consent of the Senate. Subject to the authority
of the Secretary of Commerce, the Under Secretary shall be the head of
NOAA and shall have authority, direction and control of NOAA. Any
authority, power or function vested by law in NOAA, or any officer,
employee or part of NOAA, is vested in, and may be exercised by, the
Under Secretary. The Under Secretary may, without being relieved of the
Under Secretary's responsibility, perform any of the Under Secretary's
functions or duties, or exercise any of the Under Secretary's powers
through, or with the aid of, such persons in, or organizations of, NOAA
as the Under Secretary may designate.
(b) Assistant Secretary.--There shall be within NOAA an Assistant
Secretary of Commerce for Oceans and Atmosphere and Deputy
Administrator of the National Oceanic and Atmospheric Administration.
The Assistant Secretary shall be appointed by the President, by and
with the advice and consent of the Senate. The Assistant Secretary
shall perform such functions as the Under Secretary may prescribe. The
Assistant Secretary shall perform the functions of the Under Secretary
during the disability of the Under Secretary or when the office of
Under Secretary is vacant.
(c) Deputy Under Secretary.--There shall be within NOAA a Deputy
Under Secretary of Commerce for Oceans and Atmosphere appointed in the
Senior Executive Service, without regard to limitations under section
3133 of Title 5, United States Code, by the Secretary. The Deputy Under
Secretary shall perform the functions of the Assistant Secretary during
the disability of the Assistant Secretary or when the office of
Assistant Secretary is vacant.
(d) Establishment of Additional Positions.--To carry out the
functions of NOAA assigned by law, and consistent with applicable law
including title II of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (Public Law 107-
372), the Under Secretary may establish positions within NOAA and
prescribe the authorities and duties of such positions.
SEC. 105. PURPOSES AND AUTHORITIES.
(a) Purposes.--NOAA's purposes shall be to:
(1) observe, assess and predict the status of and changes
in ocean, coastal, and Great Lakes ecosystems, and in the
atmosphere, including the near-space environment;
(2) manage, protect and restore the Nation's ocean, coastal
and Great Lakes areas, living and nonliving marine resources,
including fisheries, and vulnerable species and habitats,
including ecosystem approaches;
(3) collect, store, analyze and provide reliable scientific
data and information through means including research,
observations (in-situ and remotely sensed), forecasts and
assessments relating to weather (including space weather),
climate, air quality, water, marine resources and ecosystems
that can be used as a basis for sound management and public
safety decisions;
(4) protect lives and property and expand economic
opportunities; and
(5) pursue its purposes complementary to, and in
partnership with, Federal agencies, instrumentalities and
laboratories; State and local governments; Native American
tribes and organizations; international organizations; foreign
governments; educational institutions; nonprofit organizations;
commercial organizations; and other public and private persons
or entities, as appropriate.
(b) Basic Authorities.--In addition to any other authority provided
to the Under Secretary by law or by delegation from the Secretary, the
Under Secretary shall have the following authorities with respect to
NOAA and the implementation of this Act:
(1) Authorities that were, immediately prior to the
enactment of this Act, vested by law, including under
Reorganization Plan No. 4 of 1970 (5 U.S.C. App. 1), in NOAA,
or in the Secretary with respect to NOAA.
(2) Authority to promulgate rules and regulations as
necessary or appropriate.
(3) Without regard to section 3324(a) and (b) of Title 31,
authority to enter into and perform such contracts, leases,
grants, cooperative agreements, or other transactions (without
regard to 31 U.S.C. 6301 et seq.), as may be necessary to carry
out NOAA's purposes and authorities, on terms it deems
appropriate, with Federal agencies, instrumentalities and
laboratories; State and local governments; Native American
tribes and organizations; international organizations; foreign
governments; educational institutions; nonprofit organizations;
commercial organizations; and other public and private persons
or entities.
(4) Authority to accept from any source, hold, administer,
invest, dispose of and utilize gifts, bequests, or devises of
services, money, securities or property (whether real,
personal, intellectual or of any other kind) or any interest
therein, and the income therefrom or the proceeds upon
disposition thereof, without regard to section 1342 of Title
31, United States Code, and such money, income or proceeds
shall be available to NOAA for obligation and expenditure to
carry out the purposes of NOAA under this Act.
(5) Authority to use, with their consent, and with or
without reimbursement, the services, equipment, personnel, and
facilities of: Federal agencies, instrumentalities and
laboratories; State and local governments; Native American
tribes and organizations; international organizations; foreign
governments; educational institutions; nonprofit organizations;
commercial organizations; and other public and private persons
or entities.
(6) Authority to disseminate information and conduct
education and outreach in direct support of the purposes
outlined under section 105(a).
(7) Authority to--
(A) acquire (by purchase, lease, or otherwise),
lease, invest, sell, dispose of or convey services,
money, securities or property (whether real, personal,
intellectual or of any other kind) or interest therein;
and
(B) construct, improve, repair, operate, maintain
and dispose of real or personal property, including but
not limited to buildings, facilities, and land.
(8) Authority to--
(A) purchase or hire passenger motor vehicles as
necessary for the implementation of this Act;
(B) procure the services of experts or consultants
(or of organizations of experts or consultants) as
described in and in accordance with the first two
sentences of section 3109(b) of Title 5, and, when
determined necessary by the Under Secretary, without
regard to the time limitation in the first sentence of
section 3109(b), at respective daily rates of pay for
individuals which are not more than the daily
equivalent of the rate of basic pay then currently paid
for Level III of the Executive Schedule of section 5313
of Title 5, and pay in connection with such services
travel expenses of individuals, including
transportation and per diem in lieu of subsistence
while such individuals are traveling from their homes
or places of business to official duty stations and
return as may be authorized by law;
(C) install, repair, and maintain telephones and
telephone wiring and pay telephone service tolls or
other charges with respect to residences owned or
leased by the United States Government and, to the
extent necessary to implement this Act, other private
residences, without regard to section 1348 of Title 31,
United States Code; and
(D) expend appropriations for official reception
and representation.
(c) Protection Against Misuse of Name, Initials and Seal.--
(1) No person may, except with the written permission of
the Under Secretary, knowingly use the words ``National Oceanic
and Atmospheric Administration'', the initials ``NOAA'', the
seal of NOAA, or the name, acronym or seal of any component or
program of NOAA, or any colorable imitation of such words,
initials, or seal in connection with any merchandise,
impersonation, solicitation, or commercial activity in a manner
reasonably calculated to convey the impression that such use is
approved, endorsed, or authorized by NOAA, or is likely to
cause confusion as to the source or origin of goods or services
provided therewith.
(2) Whenever it appears to the Attorney General that any
person is engaged or is about to engage in an act or practice
which constitutes or will constitute conduct prohibited by
subparagraph (1), the Attorney General may initiate a civil
proceeding in a district court of the United States to enjoin
such act or practice. Such court shall proceed as soon as
practicable to the hearing and determination of such action and
may, at any time before final determination, enter such
restraining orders or prohibitions, or take such other action
as is warranted, to prevent injury to the United States or to
any person or class of persons for whose protection the action
is brought.
SEC. 106. CONFORMING AMENDMENTS, REPEALS AND TRANSITION.
(a) The Reorganization Plan No. 4 of 1970 (5 U.S.C. App. 1) is
repealed.
(b) Any reference, in any law, rule, regulation, directive, or
instruction, or certificate or other official document, in force
immediately prior to enactment of this Act--
(1) to the National Oceanic and Atmospheric Administration
shall be deemed to refer and apply to the National Oceanic and
Atmospheric Administration established by section 102 of this
Act;
(2) to the Under Secretary of Commerce for Oceans and
Atmosphere, or to the Administrator of the National Oceanic and
Atmospheric Administration, shall be deemed to refer and apply
to the Under Secretary of Commerce for Oceans and Atmosphere
and Administrator of the National Oceanic and Atmospheric
Administration to whom subsection 104(a) of this Act refers;
and
(3) to any other position in NOAA shall be deemed to refer
and apply to that same position in the National Oceanic and
Atmospheric Administration established by section 102 of this
Act.
(c) Subsections 407(a) and 407(b) of Public Law 99-659 (15 U.S.C.
1503b and 1507c) are repealed.
(d) Conforming Amendments to Executive Schedule.--Title 5 of the
United States Code is amended--
(1) in section 5314, by striking ``Under Secretary of
Commerce for Oceans and Atmosphere, the incumbent of which also
serves as Administrator of the National Oceanic and Atmospheric
Administration.'' and inserting in lieu thereof ``Under
Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.''; and
(2) in section 5315, by striking ``Assistant Secretary of
Commerce for Oceans and Atmosphere, the incumbent of which also
serves as Deputy Administrator of the National Oceanic and
Atmospheric Administration.'' and inserting in lieu thereof
``Assistant Secretary of Commerce for Oceans and Atmosphere and
Deputy Administrator of the National Oceanic and Atmospheric
Administration.''.
(e) Transition; Initial Appointments.--Notwithstanding any
provision in subsections 104(a) and (b) of this Act to the contrary,
the first individual appointed to the position of Under Secretary, and
the first individual appointed to the position of Assistant Secretary,
shall be appointed by the President alone.
SEC. 107. SAVINGS PROVISION.
All rules and regulations, determinations, standards, contracts,
certifications, authorizations, appointments, delegations, results and
findings of investigations, or other actions duly issued, made, or
taken by or pursuant to or under the authority of any statute which
resulted in the assignment of functions or activities to the Secretary,
the Department of Commerce, the Under Secretary, or any other official
of NOAA, as are in effect immediately before enactment of this Act
shall continue in full force and effect after enactment of this Act
until modified or rescinded.
SEC. 108. NO EFFECT ON OTHER AUTHORITIES.
This Act does not amend or alter the provisions of other
applicable acts unless otherwise noted. Nothing in this Act shall
derogate from the duties and functions of any other agency or otherwise
alter current authorities relating to those agencies.
TITLE II--NOAA ADVISORY COMMITTEE ON OCEANS AND ATMOSPHERE
SEC. 201. AMENDMENTS.
Sections 2 through 8 of the National Advisory Committee on Oceans
and Atmosphere Act of 1977 (Public Law 95-63, as amended, 33 U.S.C.
857-13 through 857-18) are amended as follows:
(1) In section 2 (33 U.S.C. 857-13), delete the phrase ``18
members to be''.
(2) Subsection 3(a) (33 U.S.C. 857-14(a)) is amended to
read as follows:
``(a) Appointment and Qualifications.--
``(1) The members of the Committee, who may not be full-
time officers or employees of the United States, shall be
appointed by the Under Secretary of Commerce for Oceans and
Atmosphere (hereinafter the Under Secretary). Members shall be
appointed only from among individuals who are eminently
qualified by way of knowledge and expertise in one or more of
the purposes of the National Oceanic and Atmospheric
Administration.
``(2) The Under Secretary shall appoint, as original
members, any current members of the National Oceanic and
Atmospheric Administration Science Advisory Board who wish to
serve in such capacity, together with any additional qualified
individuals necessary to fulfill the purposes of the
Committee.''.
(3) Subsection 3(b) (33 U.S.C. 857-14(b)) is revised to
read as follows:
``(b) Terms.--
``(1) The term of office of a member of the Committee shall
be 3 years; except that initial terms of the original
appointees shall be staggered to assure continuity of
administration.
``(2) Any individual appointed to fill a vacancy occurring
before the expiration of the term for which his or her
predecessor was appointed shall be appointed for the remainder
of such term. No individual may serve for more than two
consecutive three-year terms. A member may serve after the date
of the expiration of the term of office for which appointed
until his or her successor has taken office.''.
(4) In subsection 3(c) (33 U.S.C. 857-14(c)), delete
``President'' and insert in lieu thereof ``Under Secretary''.
(5) Subsection 3(d) (33 U.S.C. 857-14(d)) is revised to
read as follows:
``(d) Duties.--The Committee shall advise the Under Secretary with
respect to the programs administered by the National Oceanic and
Atmospheric Administration.''.
(6) Delete sections 4 and 6 (33 U.S.C. 857-15 and 857-17,
respectively), and renumber the remaining sections accordingly.
In new section 4, delete ``for a GS-18'' and insert in lieu
thereof ``provided for Level IV of the Executive Schedule Pay
Rates''.
(7) By striking ``National Advisory Committee on Oceans and
Atmosphere'' wherever that term may appear in sections 2
through 8 of the National Advisory Committee on Oceans and
Atmosphere Act of 1977 (Public Law 95-63, an amended, 33 U.S.C.
857-13 through 857-18) and substitute in lieu thereof ``NOAA
Advisory Committee on Oceans and Atmosphere''. | National Oceanic and Atmospheric Administration Organic Act of 2004 - Re-establishes in the Department of Commerce (DOC) the National Oceanic and Atmospheric Administration (NOAA), administered by the Under Secretary of Commerce for Oceans and Atmosphere. Establishes additional positions within NOAA.
Repeals Reorganization Plan No. 4 of 1970 (originally establishing NOAA within the DOC).
Amends the National Advisory Committee on Oceans and Atmosphere Act of 1977 to make specified amendments to reflect the changes made herein with respect to the NOAA Advisory Committee on Oceans and Atmosphere. | To establish the National Oceanic and Atmospheric Administration (NOAA), to amend the organization and functions of the NOAA Advisory Committee on Oceans and Atmosphere, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Freedom of Information
Act''.
SEC. 2. INFORMATION ACCESS AND CONSENT.
(a) In General.--Section 444 of the General Education Provisions
Act (20 U.S.C. 1232g) is amended by adding at the end the following:
``(j) Instructional and Testing Materials.--
``(1) In general.--No funds shall be made available under
any applicable program to any educational agency or institution
that has a policy of denying, or that effectively prevents, the
parent of an elementary school or secondary school student
served by such agency or at such institution, as the case may
be, the right to inspect and review any instructional material
used with respect to the educational curriculum of, or testing
material that has been administered to, the student. Each
educational agency or institution shall establish appropriate
procedures for the granting of a request by parents for access
to the instructional material or testing material. The granting
of each such request shall be made in a reasonable period of
time, but shall not exceed 30 days, after the date of the
request.
``(2) Grievance process.--
``(A) In general.--Any educational agency or
institution that receives funding under any applicable
program shall establish and maintain procedures in
accordance with this paragraph for resolving a dispute
under this subsection through mediation or through use
of arbitration if the dispute is not resolved through
mediation.
``(B) Mediation.--
``(i) Goals of mediation.--The goals of
mediation are a prompt resolution of the
dispute in a written agreement between the
parties.
``(ii) Mediation process.--The mediation
process, at a minimum, shall meet the following
requirements:
``(I) Be conducted not later than
60 days after a parent's request for
access and review of educational and
testing materials is denied.
``(II) Not be used to deny or delay
a parent's rights afforded under this
subsection.
``(III) Be conducted by a qualified
and impartial mediator who is trained
in effective mediation techniques and
is chosen by mutual consent of the
involved parties.
``(IV) Be scheduled in a timely
manner and be held in a location that
is convenient to the parties to the
dispute.
``(iii) Costs of mediation.--The costs of
mediation shall be paid for by the educational
agency or institution, as the case may be.
``(C) Arbitration.--
``(i) Goal of arbitration.--The goal of
arbitration is a prompt resolution of the
dispute in the event the parties are unable to
reach a written agreement through the mediation
process.
``(ii) Arbitration process.--The
arbitration process, at a minimum, shall meet
the following requirements:
``(I) Be conducted not later than
60 days after failure to resolve the
dispute through mediation.
``(II) Be conducted by an
independent arbitrator chosen by mutual
consent of all parties to the dispute.
``(III) Require the arbitrator to
take testimony and order such equitable
or declaratory relief as appropriate.
``(IV) Be scheduled in a timely
manner and be held in a location that
is convenient to the parties to the
dispute.
``(V) Be considered final and
binding upon all parties to the
dispute.
``(iii) Costs of arbitration.--The costs of
arbitration shall be shared equally between all
parties to the dispute.
``(3) Definitions.--In this subsection:
``(A) Instructional material.--The term
`instructional material' means a textbook, audio/visual
material, informational material accessible through
Internet sites, material in digital or electronic
formats, instructional manual, or journal, or any other
material supplementary to the educational curriculum of
a student.
``(B) Testing material.--The term `testing
material' means any test (without responses) after the
test is administered to a student during the current
school year, and if available, any statistical
comparison data regarding the test results with respect
to the student's age or grade level. The term does not
include a test subject to a copyright or licensing
agreement.
``(k) Parental Consent.--
``(1) In general.--Except as provided in paragraph (2), no
funds shall be made available under any applicable program to
an educational agency or institution that, without the prior,
written, informed consent of the parent of a student requires
the student to undergo medical, psychological, or psychiatric
examination, testing, treatment, or immunization (except in the
case of a medical emergency).
``(2) Exception.--Paragraph (1) shall not apply to
directory information as defined in subsection (a)(5)(A) or to
medical, psychological, or psychiatric examinations, testing,
treatment, or immunizations of students expressly permitted by
State law without written parental consent.
``(3) Rule of Construction.--Nothing in paragraph (1) shall
be construed as superseding or otherwise affecting informed
parental consent requirements under the Individuals with
Disabilities Act (20 U.S.C. 1400 et seq.).
``(4) Restriction on seeking information from minors.--
Notwithstanding any other provision of Federal law, in
conducting a program or activity funded in whole or in part by
the Federal Government a person may not, without the consent of
at least 1 parent or guardian of a minor or, in the case of an
emancipated minor, the prior consent of the minor, require or
otherwise seek the response of the minor to a survey or
questionnaire whether written or oral which elicits information
concerning any of the following:
``(i) Parental political affiliations or
beliefs.
``(ii) Mental or psychological problems.
``(iii) Sexual behavior or attitudes.
``(iv) Illegal, antisocial, or self-
incriminating behavior.
``(v) Appraisals of other individuals with
whom the minor has a familial relationship.
``(vi) Relationships that are legally
recognized as privileged, including those with
lawyers, physicians, and members of the clergy.
``(vii) Religious affiliations or
beliefs.''.
(b) Right of Access.--The third sentence of section 444(a)(1)(A) of
the General Education Provisions Act (20 U.S.C. 1232g(a)(1)(A)) is
amended by striking ``forty-five'' and inserting ``30''. | Parental Freedom of Information Act - Amends the General Education Provisions Act to require educational agencies or institutions, as a condition for receiving funds for applicable programs, to: (1) neither deny nor prevent the exercise of parental rights to review and inspect instructional materials used in their children's educational curricula; and (2) obtain parental consent before seeking specified types of information from minors, and before performing non-emergency medical psychological, or psychiatric examination, testing, treatment, or immunization of minors. | To amend the General Education Act to allow parents access to certain information about their children. |
SECTION 1. CONVEYANCE OF LAND.
(a) Administrator of General Services.--Subject to sections 2 and
4, the Administrator of General Services (hereinafter in this Act
referred to as the ``Administrator'') shall convey, for $12,800,000 to
be paid in accordance with the terms set forth in subsection (d)(2) and
other consideration required by this Act, to the Columbia Hospital for
Women (formerly Columbia Hospital for Women and Lying-in Asylum;
hereinafter in this Act referred to as ``Columbia Hospital''), located
in Washington, District of Columbia, all right, title, and interest of
the United States in and to those pieces or parcels of land in the
District of Columbia, described in subsection (b), together with all
improvements thereon and appurtenances thereto. The purpose of the
conveyance is to provide a site for the construction by Columbia
Hospital of a facility to house the National Women's Health Resource
Center (hereinafter in this Act referred to as the ``Resource
Center''), as described in the Certificate of Need issued for the
Resource Center in conformance with District of Columbia law and in
effect on the date of conveyance.
(b) Property Description.--The land referred to in subsection (a)
was conveyed to the United States of America by deed dated May 2, 1888,
from David Fergusson, widower, recorded in liber 1314, folio 102, of
the land records of the District of Columbia, and is that portion of
square numbered 25 in the city of Washington in the District of
Columbia which was not previously conveyed to such hospital by the Act
of June 28, 1952 (Public Law 82-423). Such property is more
particularly described as square 25, lot 803, or as follows: all that
piece or parcel of land situated and lying in the city of Washington in
the District of Columbia and known as part of square numbered 25, as
laid down and distinguished on the plat or plan of said city as
follows: beginning for the same at the northeast corner of the square
being the corner formed by the intersection of the west line of Twenty-
fourth Street Northwest, with the south line of north M Street
Northwest and running thence south with the line of said Twenty-fourth
Street Northwest for the distance of two hundred and thirty-one feet
ten inches, thence running west and parallel with said M Street
Northwest for the distance of two hundred and thirty feet six inches
and running thence north and parallel with the line of said Twenty-
fourth Street Northwest for the distance of two hundred and thirty-one
feet ten inches to the line of said M Street Northwest and running
thence east with the line of said M Street Northwest to the place of
beginning two hundred and thirty feet and six inches together with all
the improvements, ways, easements, rights, privileges, and
appurtenances to the same belonging or in anywise appertaining.
(c) Date of Conveyance.--
(1) Date.--The date of the conveyance of property required
under subsection (a) shall be the date which is 1 year after
the date of receipt by the Administrator of written
notification from Columbia Hospital that the hospital needs
such property for use as a site to provide housing for the
Resource Center.
(2) Deadline for submission of notification.--A written
notification of need from Columbia Hospital shall not be
effective for purposes of subsection (a) and paragraph (1)
unless the notification is received by the Administrator before
the date which is 1 year after the date of the enactment of
this Act.
(d) Conveyance Terms.--
(1) In general.--The conveyance of property required under
subsection (a) shall be subject to such terms and conditions as
may be determined by the Administrator to be necessary to
safeguard the interests of the United States. Such terms and
conditions shall be consistent with the terms and conditions
set forth in this Act.
(2) Payment of purchase price.--Columbia Hospital shall pay
the $12,800,000 purchase price in full by not later than the
date of conveyance under subsection (c).
(3) Quitclaim deed.--Any conveyance of property to Columbia
Hospital under this Act shall be by quitclaim deed.
(e) Treatment of Amounts Received.--Amounts received by the United
States as payment under this Act shall be paid into, administered, and
expended as part of the fund established by section 210(f) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
490(f)).
SEC. 2. LIMITATION ON CONVEYANCE.
No part of any land conveyed under section 1 may be used, during
the 30-year period beginning on the date of conveyance under section
1(c)(1), for any purpose other than to provide a site for a facility to
house the Resource Center and any necessary related appurtenances to
that facility.
SEC. 3. SATELLITE HEALTH CENTERS.
(a) Requirement.--
(1) In general.--Not later than 4 years after the date of
the conveyance under section 1, Columbia Hospital, after
consultation with the District of Columbia Commission of Public
Health and the District of Columbia State Health Planning and
Development Agency, shall establish, maintain, and operate 3
satellite health centers.
(2) Persons to be served.--One of the satellite health
centers shall provide comprehensive health and counseling
services exclusively for teenage women and their children. The
other 2 satellite health centers shall provide comprehensive
health and counseling services for women (including teenage
women) and their children.
(3) Location.--The satellite health centers shall be
located in areas of the District of Columbia in which the
District of Columbia Department of Public Health has determined
that the need for comprehensive health and counseling services
provided by the centers is the greatest. In locating such
centers, special consideration shall be given to the areas of
the District with the highest rates of infant death and births
by teenagers.
(b) Comprehensive Health and Counseling Services.--In subsection
(a), comprehensive health and counseling services include--
(1) examination of women;
(2) medical treatment and counseling of women, including
prenatal and postnatal services;
(3) treatment and counseling of substance abusers and those
who are at risk of substance abuse;
(4) health promotion and disease prevention services;
(5) physician and hospital referral services; and
(6) extended and flexible hours of service.
(c) Required Consideration.--The establishment, operation, and
maintenance of satellite health centers by Columbia Hospital in
accordance with this section shall be part of the consideration
required by this Act for the conveyance under section 1.
SEC. 4. REVERSIONARY INTEREST.
(a) In General.--The property conveyed under section 1 shall revert
to the United States--
(1) on the date which is 4 years after the date of such
conveyance if Columbia Hospital is not operating the Resource
Center on such property; and
(2) on any date in the 30-year period beginning on the date
of such conveyance, on which the property is used for a purpose
other than that referred to in section 2.
(b) Repayment.--If property reverts to the United States under
subsection (a), the Administrator shall pay to Columbia Hospital, from
amounts otherwise appropriated from the fund established by section
210(f) of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 490(f)), an amount equal to all sums received by the United
States as payments for the conveyance under section 1, without interest
on such amount.
(c) Enforcing Reversion.--The Administrator shall perform all acts
necessary to enforce any reversion of property to the United States
under this section.
(d) Inventory of Public Buildings Service.--Property that reverts
to the United States under this section--
(1) shall be under the control of the General Services
Administration; and
(2) shall be assigned by the Administrator to the inventory
of the Public Buildings Service.
SEC. 5. DAMAGES.
(a) Damages.--Subject to subsection (b), for each year in the 26-
year period beginning on the date which is 4 years after the date of
conveyance under section 1(c)(1), in which Columbia Hospital does not
operate 3 satellite health centers in accordance with section 3 for a
period of more than 60 days, the Columbia Hospital shall be liable to
the United States for damages in an amount equal to $200,000, except
that this subsection shall not apply after the date of any reversion of
property under section 4.
(b) Limitation in Damages.--The maximum amount of damages for which
Columbia Hospital may be liable under this section shall be $3,000,000.
(c) Adjustments for Inflation.--The amount of damages specified in
subsection (a) and the maximum amount of damages specified in
subsection (b) shall be adjusted biennially to reflect changes in the
consumer price index that have occurred since the date of the enactment
of this Act.
(d) Assessment and Waiver.--For any failure by Columbia hospital to
operate a satellite health center in accordance with section 3, the
Administrator may--
(1) seek to recover damages under this section; or
(2) waive all or any part of damages recoverable under this
section for that failure, if the Administrator--
(A) determines the failure is caused by exceptional
circumstances; and
(B) submits a statement to the District of Columbia
Commission of Public Health and the Congress, that sets
forth the reasons for the determination.
(e) Conveyance Documents.--The Administrator shall include in the
documents for any conveyance under this Act appropriate provisions to--
(1) ensure that payment of damages under this section is a
contractual obligation of Columbia Hospital; and
(2) require the Administrator to provide to Columbia
Hospital notice and an opportunity to respond before the
Administrator seeks to recover such damages.
SEC. 6. REPORTS.
During the 5-year period beginning one year after the date of the
conveyance under section 1, Columbia Hospital shall submit to the
Administrator, the appropriate committees of the Congress, and the
Comptroller General of the United States annual reports on the
establishment, maintenance, and operation of the Resource Center and
the satellite health centers. | Directs the Administrator of General Services to convey specified lands in the District of Columbia to the Columbia Hospital for Women for the construction of a National Women's Health Resource Center.
Directs the Hospital to establish and operate three satellite health centers to provide health and counseling services for women, including teenage women, and their children.
Provides for reversion to the United States if the land conveyed is not used for the Center. Provides damages to be paid by the Hospital for each year in which it fails to operate the satellite health centers, with a waiver in exceptional circumstances. Directs the Hospital to report annually for five years on the establishment, maintenance, and operation of the Center and the satellite health centers. | A Bill to authorize the conveyance to the Columbia Hospital for Women of certain parcels of land in the District of Columbia, and for other purposes. |
SECTION 1. LEVY PERMITTED ONLY AFTER APPROVAL OF PRIVATE, VOLUNTEER
PANEL OF ATTORNEYS, CERTIFIED PUBLIC ACCOUNTANTS, AND
ENROLLED AGENTS.
(a) In General.--Section 6331 of the Internal Revenue Code of 1986
(relating to levy and distraint) is amended by redesignating subsection
(i) as subsection (j) and by inserting after subsection (h) the
following new subsection:
``(i) Requirement of Approval by Private Panel Before Levy.--
``(1) In general.--Levy may be made under subsection (a)
upon the salary or wages or other property of any person with
respect to any unpaid tax only after such levy is approved by
the levy review panel for the internal revenue district in
which such levy is to be made.
``(2) Scope of review.--A levy review panel shall approve a
levy unless a majority of the members of the panel determine
that--
``(A) other means of collecting the unpaid tax
(including installment agreements under section 6159)
are more appropriate than the levy, or
``(B) the Internal Revenue Service has not complied
with the requirements of this title or the regulations
thereunder relating to levies.
``(3) Levy review panel.--
``(A) In general.--Each levy review panel shall
consist of 3 individuals--
``(i) each of whom is an attorney with an
expertise in Federal taxation, a certified
public accountant, or an enrolled agent,
``(ii) at least one of whom is such an
attorney, and
``(iii) at least one of whom is a certified
public accountant.
``(B) Appointment of members.--
``(i) In general.--The members of the levy
review panel for an internal revenue district
for any period shall be jointly selected by the
Internal Revenue Service district director for
such district and the appropriate appointing
authority from among a pool of attorneys,
certified public accountants, and enrolled
agents who have been selected jointly by such
director and the appropriate appointing
authorities.
``(ii) Appropriate appointing authority.--
For purposes of clause (i), the appropriate
appointing authority is--
``(I) in the case of attorneys, the
head of the State bar association for
the State in which the panel will sit,
``(II) in the case of certified
public accountants, the President and
Executive Director (jointly) of the
Society of Certified Public Accountants
for such State, and
``(III) in the case of enrolled
agents, the President of the affiliate
of the National Association of Enrolled
Agents for such State.
``(C) Panel for each district.--A levy review panel
shall be appointed for each internal revenue district.
``(D) Meetings.--The levy review panel for any
internal revenue district shall meet at such times as
are specified by the Internal Revenue Service district
director for such district.
``(E) Members to serve without compensation.--
Members of levy review panels shall serve without
compensation and shall not be reimbursed for any
expense associated with service on any levy review
panel.
``(4) Protection against conflicts of interest.--Members of
any levy review panel shall be treated as special government
employees (as defined in section 202 of title 18, United States
Code). The preceding sentence shall not apply for purposes of
section 207 of such title.
``(5) Claims.--
``(A) In general.--Members of a levy review panel
shall have no personal liability under Federal law with
respect to any claim arising out of or resulting from
an act or omission by such member within the scope of
service as a member. The preceding sentence shall not
be construed to limit personal liability for criminal
acts or omissions, willful or malicious conduct, acts
or omissions for private gain, or any other act or
omission outside the scope of the service of such
member on the levy review panel.
``(B) Effect on other law.--This paragraph shall
not be construed--
``(i) to affect any other immunities and
protections that may be available to such
member under applicable law with respect to
service on a levy review panel,
``(ii) to affect any other right or remedy
against the United States under applicable law,
or
``(iii) to limit or alter in any way the
immunities that are available under applicable
law for Federal officers and employees.
``(6) Jeopardy.--Paragraph (1) shall not apply to a levy if
the Secretary has made a finding under the last sentence of
subsection (a) that the collection of tax is in jeopardy.
``(7) Protection of return information.--Nothing in this
subsection shall be construed to permit the disclosure of
returns or return information (as defined in section 6103).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to levies issued after the date which is 6 months after the date
of the enactment of this Act. | Amends the Internal Revenue Code to authorize a levy on wages or property for failure to pay taxes only if the levy is approved by the appropriate internal revenue district's levy review panel. Exempts a levy from such review if there is a finding that the collection of the tax is in jeopardy.
Directs a levy review panel to approve a levy unless a majority of panel members determine that: (1) other means of collecting the unpaid taxes are more appropriate; or (2) the Internal Revenue Service has not complied with applicable levy requirements.
Provides for the appointment, for each internal revenue district, of an unpaid three-person levy review panel consisting of at least one attorney with an expertise in Federal taxation and one certified public accountant. | To amend the Internal Revenue Code of 1986 to provide that property may be seized for the collection of taxes only with the approval of a private, volunteer panel of attorneys, certified public accountants, and enrolled agents. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Abuse Prevention Act''.
SEC. 2. ESTABLISHMENT OF NATIONAL REGISTRY OF ABUSIVE WORKERS.
(a) In General.--The Secretary shall establish, under the health
care fraud and abuse data collection program established under section
1128E of the Social Security Act (42 U.S.C. 1320a-7e), a registry to be
known as the ``National Registry of Abusive Workers'' (hereafter
referred to in this section as the ``Registry'') to collect and
maintain data on covered health care workers (as defined in subsection
(e)) who have been the subject of reports of patient abuse.
(b) Submission of Information by State Registries.--Each State
registry under sections 1819(e)(2) and 1919(e)(2) of the Social
Security Act (42 U.S.C. 1395i-3(e)(2) and 1396r(e)(2)) shall submit to
the Registry any existing or newly acquired information contained in
the State registry concerning covered health care workers who have been
the subject of confirmed findings of patient abuse.
(c) Submission of Information by State.--Each State shall report to
the Registry any existing or newly acquired information concerning the
identity of any covered health care worker who has been found to have
committed an abusive act involving a patient, including the identity of
any such worker who has been convicted of a Federal or State crime as
described in section 1128(a)(2)(A) of the Social Security Act (42
U.S.C. 1320a-7(a)(2)(A)). The State shall provide such workers with a
right to issue a statement concerning the submission of information to
the Registry under this subsection. Any information disclosed
concerning a finding of an abusive act shall also include disclosure of
any statement submitted by a worker in the registry relating to the
finding or a clear and accurate summary of such a statement.
(d) Submission of Information by Facilities.--Each covered health
care facility shall report to the State concerning a covered health
care worker who has been found to have engaged in an act of patient
abuse. The State shall, in accordance with the procedures described in
part 483 of title 42, Code of Federal Regulations (as in effect on July
1, 1995), conduct an investigation with respect to a report under this
subsection to determine the validity of such a report.
(e) Background Check.--
(1) Requirements.--
(A) In general.--Each covered health care facility
(as defined in subsection (f)), prior to employing a
covered health care worker, shall--
(i) in the case of a covered health care
worker who has not otherwise undergone a
criminal background check as part of the
licensing requirements of a State, as
determined under regulations promulgated by the
Secretary, provide for the conduct by the State
of a criminal background check (through an
existing State database (if any) and through
the Integrated Automated Fingerprint
Identification System) concerning such worker,
and provide the worker with prior written
notice of the requirement for such a background
check;
(ii) obtain from a covered health care
worker prior to employment a written
certification that such worker does not have a
criminal record, and that a finding of abuse
has not been made relating to such worker, that
would preclude such worker from carrying out
duties that require direct patient care; and
(iii) in the case of all such workers,
contact the State health care worker registries
established under sections 1819(e)(2) and
1919(e)(2) which shall also contact the
Registry for information concerning the worker.
(B) Imposition of fees.--A State may assess a
covered health care facility a fee for the conduct of a
criminal background check under subparagraph (A)(i) in
an amount that does not exceed the actual cost of the
conduct of the background check. Such a facility may recover from the
covered health care worker involved a fee in an amount equal to not
more than 50 percent of the amount of the fee assessed by the State for
the criminal background check.
(C) Effective date.--The requirement in
subparagraph (A)(i) shall become applicable on January
1, 1999, or on such earlier date as the Director of the
Federal Bureau of Investigation determines that the
Integrated Automated Fingerprint Identification System
has become operational.
(2) Probationary employment.--Each covered health care
facility shall provide a probationary period of employment for
a covered health care worker pending the completion of the
background checks required under paragraph (1)(A). Such
facility shall maintain direct supervision of the covered
health care worker during the worker's probationary period of
employment.
(3) Penalty.--
(A) In general.--A covered health care facility
that violates paragraph (1) or (2) shall be subject to
a civil penalty in an amount not to exceed--
(i) for the first such violation, $2,000;
and
(ii) for the second and each subsequent
violation within any 5-year period, $5,000.
(B) Knowing retention of worker.--In addition to
any civil penalty under subparagraph (A), a covered
health care facility that--
(i) knowingly continues to employ a covered
health care worker in violation of paragraph
(1) or (2) in a position involving direct
patient care; or
(ii) knowingly fails to report a covered
health care worker who has been determined to
have committed patient abuse;
shall be subject to a civil penalty in an amount not to
exceed $5,000 for the first such violation, and $10,000
for the second and each subsequent violation within any
5-year period.
(f) Definitions.--In this section:
(1) Covered health care facility.--The term ``covered
health care facility'' means--
(A) with respect to application under the medicare
program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.), a provider of services, as
defined in section 1861(u) of such Act (other than a
fund for purposes of sections 1814(g) and 1835(e));
(B) with respect to application under the medicaid
program under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), any nursing facility, home health
agency, community-based residential facility, adult day
care center, adult family home, assisted living
facility, hospice program, hospital, treatment
facility, personal care worker agency, supportive home
care worker agency, board and care facility, or any
other entity that receives assistance or benefits under
the medicaid program under that title;
(C) a facility of the National Institutes of
Health;
(D) a facility of the Indian Health Service;
(E) a health center under section 330 of the Public
Health Service Act (42 U.S.C. 254b); and
(F) a hospital or other patient care facility owned
or operated under the authority of the Department of
Veterans Affairs or the Department of Defense.
(2) Covered health care worker.--The term ``covered health
care worker'' means any individual that has direct contact with
a patient of a covered health care facility under an employment
or other contract, or under a volunteer agreement, with such
facility. Such term includes individuals who are licensed or
certified by the State to provide such services, and non-
licensed individuals providing such services as defined by the
Secretary including nurse assistants, nurses aides, home health
aides, and personal care workers and attendants.
(3) Patient abuse.--The term ``patient abuse'' means any
incidence of abuse, neglect, mistreatment, or misappropriation
of property of a patient of a covered health care facility. The
terms ``abuse'', ``neglect'', ``mistreatment'', and
``misappropriation of property'' shall have the meanings given
such terms in part 483 of title 42, Code of Federal
Regulations.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(g) Consultation.--In carrying out this section the Secretary shall
consult with the Director of the Federal Bureau of Investigation.
(h) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall promulgate regulations to
carry out this section. With respect to subsections (b) and (c), the
regulations shall call for the submission of information to the
Registry not later than 30 days after the date of a conviction or on
which a finding is made.
SEC. 3. EXCLUSION OF CERTAIN INDIVIDUALS FROM PARTICIPATION IN
PROGRAMS.
(a) Mandatory Lifetime Exclusion.--Section 1128(a) of the Social
Security Act (42 U.S.C. 1320a-7(a)) is amended by adding at the end the
following:
``(5) Criminal conviction.--Any individual or entity that
has been--
``(A) convicted, under Federal or State law, of a
criminal offense involving a crime against bodily
security, including homicide, battery, endangerment of
safety, sexual assault, child or elder abuse, and
spousal abuse; or
``(B) found to have--
``(i) knowingly continued to employ an
individual described in subparagraph (A) in a
position involving direct patient care; or
``(ii) knowingly failed to report an
individual who has been determined to have
committed a crime described in subparagraph
(A).''.
(b) Permissive Exclusion.--
(1) In general.--Section 1128(b) of the Social Security Act
(42 U.S.C. 1320a-7(b)) is amended--
(A) in subsection (b), by adding at the end the
following:
``(16) Finding relating to patient abuse.--Any individual
or entity that--
``(A) is or has been the subject of a specific
documented finding of patient abuse by a State (as
determined under procedures utilized by a State under
section 1819(e)(2) or 1919(e)(2)); or
``(B) has been found to have--
``(i) knowingly continued to employ an
individual described in subparagraph (A) in a
position involving direct patient care; or
``(ii) knowingly failed to report an
individual who has been determined to have
committed patient abuse as described in
subparagraph (A).''; and
(B) in subsection (c)(3), by adding at the end the
following:
``(G) In the case of an exclusion of an individual or
entity under subsection (b)(16), the period of exclusion shall
be determined in accordance with regulations promulgated by the
Secretary based on the severity of the conduct that is the
subject of the exclusion.''.
(2) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human
Services shall promulgate regulations to establish periods of
exclusion for purposes of section 1128(c)(3)(G) of the Social
Security Act.
(c) Exclusions Apply to Any Entity Eligible for Federal
Reimbursement.--Section 1128 of the Social Security Act (42 U.S.C.
1320a-7) is amended by adding at the end the following:
``(j) Applicability of Certain Exclusions.--The exclusion (or
direction to exclude) an individual or entity under subsections (a)(2)
and (b)(16) shall provide that such individual or entity is excluded
from working for or on behalf of any entity that is eligible for
reimbursement under a Federal health care program, as defined in
section 1128B(f).''.
SEC. 4. PREVENTION AND TRAINING DEMONSTRATION PROJECT.
(a) Establishment.--The Secretary of Health and Human Services
shall establish a demonstration program to provide grants to develop
information on best practices in patient abuse prevention training
(including behavior training and interventions) for managers and staff
of hospital and health care facilities.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall be a public or private nonprofit entity
and prepare and submit to the Secretary of Health and Human Services an
application at such time, in such manner, and containing such
information as the Secretary may require.
(c) Use of Funds.--Amounts received under a grant under this
section shall be used to--
(1) examine ways to improve collaboration between State
health care survey and provider certification agencies, long-
term care ombudsman programs, the long-term care industry, and
local community members;
(2) examine patient care issues relating to regulatory
oversight, community involvement, and facility staffing and
management with a focus on staff training, staff stress
management and staff supervision;
(3) examine the use of patient abuse prevention training
programs by long-term care entities, including the training
program developed by the National Association of Attorneys
General, and the extent to which such programs are used; and
(4) identify and disseminate best practices for preventing
and reducing patient abuse.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section. | Patient Abuse Prevention Act - Directs the Secretary of Health and Human Services to establish under the Social Security Act (SSA) title XI health care fraud and abuse data collection program the National Registry of Abusive Workers, which shall collect and maintain data from State registries and other entities on covered health care workers who have been the subject of reports of patient abuse.
Outlines requirements for the submission of such information.
Requires each covered health care facility to provide for: (1) State criminal background checks for covered health care workers; and (2) a probationary period of employment for such workers pending the completion of such procedures. Provides penalties for violations of such requirement.
Provides for a mandatory lifetime exclusion from participation in Medicare and State health care programs of any individual or entity: (1) convicted of a criminal offense involving a crime against bodily security, including child or elder abuse; or (2) found to have knowingly continued to employ an individual so convicted in a position involving direct patient care, or to have knowingly failed to report an individual who has been determined to have committed such a criminal offense.
Authorizes the Secretary to exclude from such programs any individual or entity that is or has been the subject of a specific documented finding of patient abuse by a State.
Applies such exclusions to any entity eligible for reimbursement under a Federal health care program.
Directs the Secretary to establish a demonstration program to provide grants to develop information on best practices in patient abuse prevention training for managers and staff of hospital and health care facilities. Authorizes appropriations. | Patient Abuse Prevention Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ARPA-E Act of 2018''.
SEC. 2. ADVANCED RESEARCH PROJECTS AGENCY-ENERGY.
(a) Establishment.--Section 5012(b) of the America COMPETES Act (42
U.S.C. 16538(b)) is amended by striking ``development of energy
technologies'' and inserting ``development of transformative science
and technology solutions to address energy, environmental, economic,
and national security challenges''.
(b) Goals.--Section 5012(c) of such Act (42 U.S.C. 16538(c)) is
amended--
(1) by striking paragraph (1)(A) and inserting the
following:
``(A) to enhance the economic and energy security
of the United States through the development of energy
technologies that--
``(i) reduce imports of energy from foreign
sources;
``(ii) reduce energy-related emissions,
including greenhouse gases;
``(iii) improve the energy efficiency of
all economic sectors;
``(iv) provide transformative solutions to
improve the management, clean-up, and disposal
of--
``(I) low-level radioactive waste;
``(II) spent nuclear fuel; and
``(III) high-level radioactive
waste;
``(v) improve efficiency and reduce the
environmental impact of all forms of energy
production;
``(vi) improve the resiliency, reliability,
and security of the electric grid; and
``(vii) address other challenges within the
mission of the Department as determined by the
Secretary; and''; and
(2) in paragraph (2) by striking ``energy technology
projects'' and inserting ``advanced technology projects''.
(c) Responsibilities.--Section 5012(e)(3)(A) of such Act (42 U.S.C.
16538(e)(3)(A)) is amended by striking ``energy''.
(d) Strategic Vision Roadmap.--Section 5012(h)(2) of such Act (42
U.S.C. 16538(h)(2)) is amended to read as follows:
``(2) Strategic vision roadmap.--In the report required
under paragraph (1), the Director shall include a roadmap
describing the strategic vision that ARPA-E will use to guide
the choices of ARPA-E for future technology investments over
the following 2 fiscal years.''.
(e) Coordination and Nonduplication.--Section 5012(i)(1) of such
Act (42 U.S.C. 16538(i)(1)) is amended to read as follows:
``(1) In general.--To the maximum extent practicable, the
Director shall ensure that--
``(A) the activities of ARPA-E are coordinated
with, and do not duplicate the efforts of, programs and
laboratories within the Department and other relevant
research agencies; and
``(B) ARPA-E does not provide funding for a project
unless the prospective grantee demonstrates sufficient
attempts to secure private financing or indicates that
the project is not independently commercially
viable.''.
(f) Evaluation.--Section 5012(l) of such Act (42 U.S.C. 16538(l))
is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--Not later than 3 years after the date of
enactment of the ARPA-E Act of 2018, the Secretary is
authorized to enter into a contract with the National Academy
of Sciences under which the National Academy shall conduct an
evaluation of how well ARPA-E is achieving the goals and
mission of ARPA-E.''; and
(2) in paragraph (2)--
(A) by striking ``shall'' and inserting ``is
authorized to''; and
(B) by striking ``the recommendation of the
National Academy of Sciences'' and inserting ``a
recommendation''.
(g) Protection of Proprietary Information.--Section 5012 of such
Act (42 U.S.C. 16538) is amended--
(1) by redesignating subsection (n) as subsection (o); and
(2) by inserting after subsection (m) the following new
subsection:
``(n) Protection of Proprietary Information.--
``(1) In general.--The following categories of information
collected by ARPA-E from recipients of awards under this
section shall be considered privileged and confidential and not
subject to disclosure pursuant to section 552 of title 5,
United States Code:
``(A) Plans for commercialization of technologies
developed under the award, including business plans,
technology-to-market plans, market studies, and cost
and performance models.
``(B) Investments provided to an awardee from third
parties (such as venture capital firms, hedge funds,
and private equity firms), including amounts and the
percentage of ownership of the awardee provided in
return for the investments.
``(C) Additional financial support that the
awardee--
``(i) plans to invest, or has invested,
into the technology developed under the award;
or
``(ii) is seeking from third parties.
``(D) Revenue from the licensing or sale of new
products or services resulting from research conducted
under the award.
``(2) Effect of subsection.--Nothing in this subsection
shall be construed to affect--
``(A) the authority of the Secretary to use
information without publicly disclosing such
information; or
``(B) the responsibility of the Secretary to
transmit information to Congress as required by law.''.
(h) Funding.--Section 5012(o)(4) of such Act (42 U.S.C.
16538(o)(4)), as redesignated by subsection (g)(1), is amended by
striking ``during the 5-year period beginning on the date of enactment
of this Act''.
(i) Technical Amendments.--
(1) Section 5012(g)(3)(A)(iii) of such Act (42 U.S.C.
16538(g)(3)(A)(iii)) is amended by striking ``subpart'' each
place it appears and inserting ``subparagraph''.
(2) Section 5012(o)(2) of such Act (42 U.S.C. 16538(o)(2)),
as redesignated by subsection (g)(1), is amended by striking
``paragraphs (4) and (5)'' and inserting ``paragraph (4)''.
Passed the House of Representatives June 27, 2018.
Attest:
KAREN L. HAAS,
Clerk. | ARPA-E Act of 2018 This bill amends the America COMPETES Act to require the Advanced Research Projects Agency-Energy (ARPA-E) in the Department of Energy (DOE) to overcome the long-term and high-risk technological barriers in the development of transformative science and technology solutions to address energy, environmental, economic, and national security challenges. (Currently, ARPA-E must overcome barriers in the development of energy technologies.) The bill expands the goals of ARPA-E to include the development of energy technologies that: provide transformative solutions to improve management of radioactive waste, improve the efficiency and reduce the environmental impact of energy production, and address other challenges within the mission of DOE. The bill expands the responsibility of ARPA-E to accelerate novel early-stage research to include nonenergy research. ARPA-E must: include a strategic vision roadmap in each annual report on energy technology projects or advanced technology projects, and ensure that it does not fund an advanced technology project unless the prospective grantee has demonstrated that it has sufficiently attempted to secure private financing or that such project is not independently commercially viable. Specified categories of proprietary information collected by ARPA-E from award recipients shall be considered privileged and confidential and not subject to disclosure under the Freedom of Information Act. | ARPA–E Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radiation Exposure Compensation Act
Amendments of 2005''.
SEC. 2. FINDINGS; PURPOSE; APOLOGY.
(a) Findings.--Congress finds the following:
(1) Ninety-nine percent of the Iodine-131 (hereinafter
referred to as ``I-131'') in the atmosphere of the United
States came from 90 tests in Nevada, mainly in the years 1952,
1953, 1955 and 1957. I-131 is a leading cause of thyroid cancer
in America. The United States national average dosage per
person is 2 rads.
(2) Of the 25 counties with the heaviest average dose of I-
131, which is between 9 and 16 rads, 15 counties (Meagher,
Broadwater, Beaverhead, Jefferson, Powell, Judith Basin,
Madison, Fergus, Gallatin, Petroleum, Lewis and Clark, Blaine,
Silver Bow, Chouteau and Deer Lodge) are in the State of
Montana.
(3) The county with the highest per capita thyroid dose of
I-131 in the country is Meagher county in Montana with 16 rads,
which is 800 percent higher than the national average.
(4) Of the 56 counties in Montana, only Yellowstone County
has an I-131 exposure level near the national average. None of
the counties in Montana have an I-131 exposure level below the
national average.
(5) As thyroid cancer takes 10 to 40 years to develop,
radiation exposure in the late 1950s might not manifest in
cancer until the late 1990s.
(6) While the national average for thyroid cancer has
remained steady over the past 30 years, the rate of reported
thyroid cancer in Montana has increased steadily. In 1980,
Montana had a rate of thyroid cancer 6.2 times the national
average. In 1990, that rate had increased to 10.8 times the
national average and in 2000 the rate of reported thyroid
cancer in Montana was 17.5 times the national average.
(7) When this data is age-adjusted, it is clear that the
diagnosis rates for thyroid cancer in Montana have increased
dramatically over the past decade, even relative to an increase
in national rates. Between 1989 and 1993, the age-adjusted rate
of thyroid cancer in Montana was 4.4 people per 10,000 persons,
compared to the national average of 5.5 people per 10,000
persons. Between 1994-1998, that rate increased to 6.3 in
Montana, but the national average only increased to 6.5.
Between 1999 and 2003, that rate in Montana increased again to
10.0, surpassing the national average of 7.6.
(8) Between 1989 and 2003, the national age-adjusted rate
of thyroid cancer diagnosis increased by 38 percent. During
that same period of time, the rate in Montana increased 127
percent.
(9) These increases in the thyroid cancer rate correspond
with the expected delay for the manifestation of thyroid cancer
from exposure during the nuclear testing in the 1950s.
(10) The Radiation Exposure Compensation Act (42 U.S.C.
2210 note), enacted in 1990, establishes in the Department of
the Treasury the Radiation Exposure Compensation Trust Fund for
claims for injuries and death due to exposure during certain
time periods to radiation from: (1) nuclear testing in Utah,
Nevada, and Arizona; or (2) uranium mining in Colorado, New
Mexico, Arizona, or Utah.
(11) None of the 5 counties with the highest I-131
exposure, which are located in Montana and Idaho, are covered
under the Radiation Exposure Compensation Act . Only 3 of the
25 counties with the highest I-131 exposure are covered. No
counties in Montana are currently covered by the Radiation
Exposure Compensation Act. However, 3 counties in Nevada with
dosage rates nearly equal to the national average are covered.
(12) The Board on Radiation Effects Research at the
National Academy of Sciences has conducted studies on the
effects of this radiation exposure in all 50 States and found
that the calculated absorbed dose to the thyroid of a person
born in 1948 who resided for the entire period evaluated in
Montana is 250 milligrays, higher than any of the counties in
Utah currently eligible for compensation.
(13) Fallout emitted during the Government's above-ground
nuclear tests in Nevada exposed individuals who lived in the
downwind affected area in Montana to radiation that is presumed
to have generated an excess of cancers among these individuals.
(14) The United States should recognize and assume
responsibility for the harm done to these individuals.
(15) The lives and health of innocent individuals who lived
downwind from the Nevada tests, in the State of Montana, were
involuntarily subjected to increased risk of injury and disease
to serve the national security interests of the United States.
(b) Purpose.--It is the purpose of this Act to establish a
procedure to make partial restitution to individuals described in
subsection (a) for the burdens they have borne for the Nation as a
whole.
(c) Apology.--Congress apologizes on behalf of the Nation to the
individuals described in subsection (a) and their families for the
hardships they have endured.
SEC. 3. AMENDMENTS TO RECA.
(a) Compensation in General.--Section 4(b)(1) of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
and
(2) by adding at the end the following:
``(D) in the State of Montana, the counties of
Meagher, Broadwater, Beaverhead, Jefferson, Powell,
Judith Basin, Madison, Fergus, Gallatin, Petroleum,
Lewis and Clark, Blaine, Silver Bow, Chouteau, and Deer
Lodge; and''.
(b) Additional Relief.--Section 4 of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) is amended by adding at the end
the following:
``(c) Additional Relief.--
``(1) Other areas.--
``(A) In general.--An individual who resided in a
region of Montana not covered under subsection
(b)(1)(D) during the time period described in
subsection (a)(1)(A)(i) may apply for compensation
under this Act.
``(B) Procedure.--The National Cancer Institute, in
collaboration with the Centers for Disease Control and
Prevention, shall evaluate whether an individual
submitting an application under subparagraph (A) is
eligible for compensation under this Act on a case-by-
case basis.
``(2) Other expenses.--An individual who is eligible for
compensation under subsection (b)(1)(D) or paragraph (1) shall
also receive compensation from the Fund for the costs of
screening, complications of screening, follow-up referrals,
work-up diagnosis, and treatment related to the specific
disease contracted by the individual.''.
(c) Authorization of Appropriations.--Section 3(e) of the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) is amended by adding at
the end the following:
``(3) Reca amendments of 2005.--There are authorized to be
appropriated to the Fund $200,000,000 to carry out the
Radiation Exposure Compensation Act Amendments of 2005. Any
amounts appropriated pursuant to this paragraph are authorized
to remain available until expended. Of the funds appropriated
to carry out the Radiation Exposure Compensation Act Amendments
of 2005, not less than 95 percent of the funds expended shall
be distributed directly to victims of radiation exposure.''.
SEC. 4. EDUCATION PROGRAM.
The Health Resources and Services Administration shall conduct an
enhanced program of education and communication about the health risks
posed by radiation exposure from fallout from United States nuclear-
weapons testing. | Radiation Exposure Compensation Act Amendments of 2005 - Amends the Radiation Exposure Compensation Act to include specified counties in Montana among affected areas for purposes of payments to individuals with certain medical conditions who were exposed to fallout emitted during the U.S. government's atmospheric nuclear tests.
Allows residents in other counties in Montana to apply for compensation and requires the National Cancer Institute to evaluate eligibility on a case-by-case basis for such applicants.
Allows eligible individuals to receive additional compensation for the costs of screening, complications of screening, follow-up referrals, work-up diagnosis, and treatment related to the specific disease contracted by the individual.
Requires the Health Resources and Services Administration (HRSA) to conduct a program of education and communication about the health risks posed by radiation exposure from fallout from U.S. nuclear weapons testing. | A bill to include claims for injuries and death due to exposure during certain time periods from fallout emitted during the Government's above-ground nuclear tests in Nevada that exposed individuals who lived in the downwind affected area in the State of Montana. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Athletic Trainers' Equal Access to
Medicare Act of 2009''.
SEC. 2. ACCESS TO PHYSICAL MEDICINE AND REHABILITATION SERVICES
PROVIDED INCIDENT TO A PHYSICIAN.
Section 1862(a)(20) of the Social Security Act (42 U.S.C.
1395y(a)(20)) is amended by striking ``(other than any licensing
requirement specified by the Secretary)'' and inserting ``(other than
any licensing, education, or credentialing requirements specified by
the Secretary)''.
SEC. 3. COVERAGE OF CERTIFIED ATHLETIC TRAINER SERVICES UNDER PART B OF
THE MEDICARE PROGRAM.
(a) Coverage of Services.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended--
(1) in subsection (s)(2)--
(A) in subparagraph (DD), by striking ``and'' at
the end;
(B) in subparagraph (EE), by adding ``and'' at the
end; and
(C) by adding at the end the following new
subparagraph:
``(FF) certified athletic trainer services (as defined in
subsection (hhh)(1));''; and
(2) by adding at the end the following new subsection:
``Certified Athletic Trainer Services
``(hhh)(1) The term `certified athletic trainer services' means
services performed by a certified athletic trainer (as defined in
paragraph (2)) under the supervision of a physician (as defined in
subsection (r)), which the athletic trainer 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 (as so defined) or as
an incident to a physician's professional service, to an individual--
``(A) who is under the care of a physician (as so defined);
and
``(B) with respect to whom a plan prescribing the type,
amount, and duration of services that are to be furnished to
such individual has been established by a physician (as so
defined).
Such term does not include any services for which a facility or other
provider charges or is paid any amounts with respect to the furnishing
of such services.
``(2) The term `certified athletic trainer' means an individual
who--
``(A) in the case of an individual performing services in a
State that provides for licensure or certification of athletic
trainers, is licensed or certified as an athletic trainer in
such State; or
``(B) in the case of an individual performing services in a
State that does not provide for licensure or certification of
athletic trainers, possesses a bachelors, master's or doctoral
degree which qualifies for certification as an athletic
trainer, and, has successfully passed a national certification
examination for Athletic Trainers recognized by the
Secretary.''.
(b) Payment.--
(1) In general.--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) certified athletic trainer
services;''.
(2) Amount.--Section 1833(a)(1) of such Act (42 U.S.C.
1395l(a)(1)) is amended--
(A) by striking ``and'' before ``(W)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (X) with respect to certified
athletic trainer services under section 1861(s)(2)(FF),
the amounts paid shall be 80 percent of the lesser of
the actual charge for the service or the fee schedule
amount under section 1848 for the same service
performed by a physician''.
(3) Payment to employer.--The first sentence of section
1842(b)(6) of such Act (42 U.S.C. 1395u(b)(6)) is amended--
(A) by striking ``and'' before ``(H)''; and
(B) by inserting before ``; but nothing'' the
following: ``, and (I) in the case of certified
athletic trainer services, payment shall be made to the
physician, clinic, or hospital that employs the
athletic trainer involved''.
(c) Inclusion of Services in the Therapy Cap.--Section 1833(g)(1)
of such Act (42 U.S.C. 1395l(g)(1)) is amended--
(1) by striking ``and'' before ``physical therapy''; and
(2) by inserting after ``or as incident to physicians'
services,'' the following: ``and certified athletic trainer
services''.
(d) Inclusion of Athletic Trainers as Practitioners for Assignment
of Claims.--Section 1842(b)(18)(C) of such Act (42 U.S.C.
1395u(b)(18)(C)) is amended by adding at the end the following new
clause:
``(vii) A certified athletic trainer (as defined in section
1861(hhh)(1)).''.
(e) Coverage of Certain Physical Medicine and Rehabilitation
Services Provided in Rural Health Clinics and Federally Qualified
Health Centers.--Section 1861(aa)(1)(B) of such Act (42 U.S.C.
1395x(aa)(1)(B)) is amended--
(1) by striking ``or'' before ``by a clinical social
worker''; and
(2) by inserting after ``subsection (hh)(1)),'' the
following: ``by a certified athletic trainer (as defined in
subsection (hhh)(2))''.
(f) Effective Date.--The amendments made by this section shall
apply with respect to services furnished on or after January 1, 2010. | Athletic Trainers' Equal Access to Medicare Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) access to outpatient occupational and physical therapy services provided incident to a physician's professional services if furnished by an educated or credentialed therapist who does not have a license; and (2) coverage of certified athletic trainer services under part B (Supplementary Medical Insurance) of Medicare, including those provided in rural health clinics and federally qualified health centers. | To amend title XVIII of the Social Security Act to provide improved access to physical medicine and rehabilitation services under part B of the Medicare Program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the recent outbreak of the harmful microbe Pfiesteria
piscicida in the coastal waters of the United States is one
example of potentially harmful algal blooms composed of
naturally occurring species that reproduce explosively and that
are increasing in frequency and intensity in the Nation's
coastal waters;
(2) other recent occurrences of harmful algal blooms
include red tides in the Gulf of Mexico and the Southeast;
brown tides in New York and Texas; ciguatera fish poisoning in
Hawaii, Florida, Puerto Rico, and the U.S. Virgin Islands; and
shellfish poisonings in the Gulf of Maine, the Pacific
Northwest, and the Gulf of Alaska;
(3) in recent years, harmful algal blooms have resulted in
massive fish kills, the deaths of numerous endangered West
Indian manatees, beach and shellfish bed closures, threats to
public health and safety, and concern among the public about
the safety of seafood;
(4) according to scientists, the factors causing or
contributing to harmful algal blooms may include excessive
nutrients in coastal waters, other forms of pollution, the
transfer of harmful species through ship ballast water, and
ocean currents;
(5) harmful algal blooms have been responsible for an
estimated $1,000,000,000 in economic losses during the past
decade;
(6) harmful algal blooms and blooms of non-toxic algal
species can also lead directly to other damaging marine
conditions such as hypoxia (reduced oxygen concentrations),
which are harmful or fatal to fish, shellfish, and benthic
organisms;
(7) according to the National Oceanic and Atmospheric
Administration in the Department of Commerce, 53 percent of
U.S. estuaries experience hypoxia for at least part of the year
and a 7,000 square mile area in the Gulf of Mexico off
Louisiana and Texas suffers from hypoxia, creating a massive
``dead zone'' during much of the year where little or no marine
life exists;
(8) according to scientists, the primary factor known to
cause hypoxia is excessive nutrient loading into coastal
waters;
(9) there is a strong need to identify more workable and
effective actions to reduce nutrient loadings to coastal
waters;
(10) the National Oceanic and Atmospheric Administration,
through its ongoing research, education, grant, and coastal
resource management programs, possesses a full range of
capabilities necessary to support a near and long-term
comprehensive effort to prevent, reduce, and control harmful
algal blooms and hypoxia;
(11) funding for the research and related programs of the
National Oceanic and Atmospheric Administration will aid in
improving the Nation's understanding and capabilities for
addressing the human and environmental costs associated with
harmful algal blooms and hypoxia; and
(12) other Federal agencies such as the Environmental
Protection Agency, the Department of Agriculture, and the
National Science Foundation, along with the States, Indian
tribes, and local governments, conduct important work related
to the prevention, reduction, and control of harmful algal
blooms and hypoxia.
SEC. 3. ACTION PLAN.
(a) Establishment of Inter-Agency Task Force.--The President,
through the Committee on Environment and Natural Resources of the
National Science and Technology Council, shall establish an Inter-
Agency Task Force on Harmful Algal Blooms and Hypoxia (hereinafter
referred to as the ``Task Force''). The Task Force shall consist of
representatives from--
(1) the Department of Commerce (who shall serve as Chairman
of the Task Force);
(2) the Environmental Protection Agency;
(3) the Department of Agriculture;
(4) the Department of the Interior;
(5) the Department of the Navy;
(6) the Department of Health and Human Services;
(7) the National Science Foundation;
(8) the National Aeronautics and Space Administration;
(9) the Office of Science and Technology Policy;
(10) the Council on Environmental Quality; and
(11) such other Federal agencies as the President considers
appropriate.
(b) Action Plan on Harmful Algal Blooms.--(1) Not later than 12
months after the date of enactment of this Act, the Task Force, in
consultation with the coastal States, Indian tribes, and local
governments, industry, academic institutions, and non-governmental
organizations with expertise in coastal zone management, shall develop
an action plan providing for a comprehensive, coordinated, and timely
Federal response to harmful algal blooms.
(2) The action plan shall--
(A) consist of actions that each Federal department or
agency represented on the Task Force shall take to prevent,
reduce, manage, mitigate, and control harmful algal blooms and
their environmental and public health impacts;
(B) prevent unnecessary duplication of effort among Federal
agencies and departments with respect to the actions in
subparagraph (A); and
(C) provide for Federal cooperation and coordination with
and assistance to the coastal States, Indian tribes, and local
governments in the prevention, reduction, management,
mitigation, and control of harmful algal blooms and their
environmental and public health impacts.
(c) Action Plan on Hypoxia.--(1) Not later than 12 months after the
date of enactment of this Act, the Task Force, in consultation with the
States, Indian tribes, local governments, industry, agricultural,
academic institutions, and non-governmental organizations with
expertise in watershed and coastal zone management, shall develop an
action plan providing for a comprehensive, coordinated, and timely
Federal response to hypoxia in U.S. coastal waters.
(2) The action plan shall--
(A) establish needs, priorities, and guidelines for a peer-
reviewed, interagency research program on the causes,
characteristics, and impacts of hypoxia, and on actions that
can be taken to prevent, reduce, manage, mitigate, and control
hypoxia;
(B) identify actions that each Federal department or agency
represented on the Task Force shall take to prevent, reduce,
manage, mitigate, and control hypoxia and its environmental
impacts;
(C) prevent unnecessary duplication of effort among Federal
agencies and departments with respect to the research and
actions in subparagraphs (A) and (B); and
(D) provide for Federal cooperation and coordination with
and assistance to the States, Indian tribes, and local
governments in the prevention, reduction, management,
mitigation, and control of hypoxia and its environmental
impacts.
(d) Annual Reports.-- Beginning 12 months after the date the action
plans in subsections (b) and (c) are published, the Task Force shall
submit 3 annual reports to the Congress and the President which--
(1) describe the progress of the departments and agencies
represented on the Task Force in implementing the actions
contained in the action plans;
(2) assess the effectiveness of the action plans to that
date in preventing, reducing, managing, mitigating, and
controlling harmful algal blooms and hypoxia;
(3) describe any changes to an action plan made or proposed
to improve the effectiveness of such plan; and
(4) contain any other information the Task Force may wish
to include.
(e) Disestablishment of Task Force.--The President may disestablish
the Task Force after submission of the third report in subsection (d).
SEC. 4. NORTHERN GULF OF MEXICO HYPOXIA.
(a) Assessment Report.--Not later than March 30, 1999, the Task
Force shall complete and submit to Congress and the President an
integrated assessment of hypoxia in the northern Gulf of Mexico that
examines: the distribution, dynamics, and causes; ecological and
economic consequences; sources and loads of nutrients transported by
the Mississippi River to the Gulf of Mexico; effects of reducing
nutrient loads; methods for reducing nutrient loads; and the social and
economic costs and benefits of such methods.
(b) Submission of a Plan.--No later than March 30, 2000, the
President shall develop and submit to Congress a plan, based on the
integrated assessment submitted under subsection (a), for reducing,
mitigating, and controlling hypoxia in the northern Gulf of Mexico. In
developing such plan, the President shall consult with State, Indian
tribe, and local governments, academic, agricultural, industry, and
environmental groups and representatives. At least 90 days before the
President submits such plan to the Congress, a summary of the proposed
plan shall be published in the Federal Register for a public comment
period of not less than 60 days.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for research, education, and management activities related to
the prevention, reduction, and control of harmful algal blooms and
hypoxia, $25,500,000 in each of fiscal years 1999, 2000, and 2001, to
remain available until expended. The Secretary shall consult with the
States on a regular basis regarding the development and implementation
of the activities authorized under this section. Of such amounts for
each fiscal year--
(1) $5,000,000 may be used to enable the National Oceanic
and Atmospheric Administration to carry out research and
assessment activities, including procurement of necessary
research equipment, at research laboratories of the National
Ocean Service and the National Marine Fisheries Service;
(2) $7,000,000 may be used to carry out the Ecology and
Oceanography of Harmful Algal Blooms (ECOHAB) project under the
Coastal Ocean Program established under section 201(c) of
Public Law 102-567;
(3) $3,000,000 may be used by the National Ocean Service of
the National Oceanic and Atmospheric Administration to carry
out a peer-reviewed research project on management measures
that can be taken to prevent, reduce, control, and mitigate
harmful algal blooms;
(4) $5,500,000 may be used to carry out Federal and State
annual monitoring and analysis activities for harmful algal
blooms administered by the National Ocean Service of the
National Oceanic and Atmospheric Administration; and
(5) $5,000,000 may be used for activities related to
research and monitoring on hypoxia by the National Ocean
Service and the Office of Oceanic and Atmospheric Research of
the National Oceanic and Atmospheric Administration.
SEC. 6. AMENDMENT TO NATIONAL SEA GRANT COLLEGE PROGRAM ACT.
Section 212(a) of the National Sea Grant College Program Act (33
U.S.C. 1131(a)) is amended by striking paragraph (2)(C) and inserting
the following:
``(C) up to $3,000,000 may be made available for
competitive grants for university research, education,
training, and advisory services on Pfiesteria piscicida and
other harmful algal blooms.''.
SEC. 7. AMENDMENT TO THE COASTAL ZONE MANAGEMENT ACT.
Section 318(a) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1464(a)) is amended--
(1) by striking ``and'' at the end of paragraph (1)(C);
(2) by striking the period at the end of paragraph (2)(C)
and inserting ``; and''; and
(3) by adding at the end thereof the following:
``(3) up to $2,000,000 for fiscal years 1999 and 2000 for
technical assistance under section 310 to support State
implementation and analysis of the effectiveness of measures to
prevent, reduce, mitigate, or control harmful algal blooms and
hypoxia.''. | Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 - Directs the President to establish an Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. Requires the Task Force to develop action plans on harmful algal blooms and on hypoxia. Directs the President to: (1) disestablish such Task Force after the submission of specified reports; and (2) submit a plan for reducing, mitigating, and controlling hypoxia in the northern Gulf of Mexico.
Authorizes appropriations to the Secretary of Commerce for research, education, and management activities related to prevention, reduction, and control of harmful algal blooms and hypoxia.
Amends the: (1) National Sea Grant College Program Act to expand the purposes for which a specified sum may be used for competitive grants for research on Pfiesteria piscicida and other harmful algal blooms; and (2) Coastal Zone Management Act to authorize appropriations for grants for technical assistance to support State implementation and analysis of the effectiveness of measures to prevent, reduce, mitigate, or control harmful algal blooms and hypoxia. | Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education and Training for Health
Act of 2015'' or the ``EAT for Health Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to 2013 national health expenditure data,
United States health care spending increased 3.6 percent to
reach $2.9 trillion, or $9,255 per person, and accounted for
17.4 percent of Gross Domestic Product (GDP).
(2) According to the Institute of Medicine, in 2012
estimates of health care costs attributed over 75 percent of
national health expenditures to treatment for chronic diseases.
(3) A March 2003 report from the World Health Organization
concluded diet was a major cause of chronic diseases.
(4) Seven out of 10 deaths among people in the United
States each year are from chronic diseases such as
cardiovascular disease, obesity, diabetes, and cancer.
(5) According to the Centers for Disease Control and
Prevention, in 2013 heart disease was the leading cause of
death for American adults. Approximately 600,000 American
adults die each year from cardiovascular disease. Coronary
heart disease alone costs American taxpayers $108.9 billion
each year.
(6) Research has shown that following a healthful diet can
not only reduce symptoms related to cardiovascular disease but
can also actually reverse damage done to the arteries.
(7) According to the Journal of the American Medical
Association, two-thirds of adults in the United States are
currently overweight, and half of those overweight individuals
are obese. One in three children are overweight, and one-fifth
of children are obese. The United States spends about $147 to
$210 billion a year on obesity related diseases, including type
2 diabetes, hypertension, heart disease, and arthritis.
(8) An estimated 29.1 million people in the United States
have diabetes. Another 86 million American adults have
prediabetes. The Centers for Disease Control and Prevention
predicts that one in three children born in 2000 will develop
diabetes at some point in their lives. Total estimated costs of
diagnosed diabetes have increased 41 percent, to $245 billion
in 2012 from $174 billion in 2007.
(9) According to the American Cancer Society, there will be
an estimated 1,658,370 new cancer cases diagnosed and 589,430
cancer deaths in the United States in 2015. That is equivalent
to about 1,620 deaths per day and accounts for nearly 1 of
every 4 deaths. The Agency for Healthcare Research and Quality
(AHRQ) estimates that the direct medical costs for cancer in
the United States in 2011 were $88.7 billion.
(10) According to the Journal of the American College of
Nutrition, in 2008 physicians felt inadequately trained to
provide proper nutrition advice. Ninety-four percent felt
nutrition counseling should be included during primary care
visits, but only 14 percent felt adequately trained to provide
such counseling.
(11) A 1985 National Academy of Sciences report recommended
that all medical schools require at least 25 contact hours of
nutrition education. According to a 2009 national survey of
medical colleges published in Academic Medicine, only 38
percent of medical schools met these minimum standards by
requiring 25 hours of nutrition education as part of their
general curricula in 2004. By 2010, that number had shrunk to
27 percent. In addition, 30 percent of United States medical
schools required a dedicated nutrition course in 2004. Most
recently, only 25 percent of such schools required such a
course in 2010.
(12) According to the Journal of Nutrition in Clinical
Practice in 2010, more than half of graduating medical students
felt their nutrition education was insufficient.
(13) Recognizing the importance of nutrition, Healthy
People 2020--the Federal Government's framework for a healthier
Nation--includes a goal (NWS-6) to increase the proportion of
physician office visits that include counseling or education
related to nutrition or weight. According to Healthy People
2020, only 13.8 percent of physician office visits included
counseling about nutrition or diet (2010 latest year
available).
(14) According to Mission: Readiness, one in four Americans
cannot serve in the military due to weight. For those serving,
the military discharged 4,300 active-duty personnel due to
weight problems in 2012.
(15) According to the Journal of American Health Promotion,
the military spends well over $1 billion a year to treat
weight-related health problems such as heart disease and
diabetes through its TRICARE health insurance for active duty
personnel, reservists, retirees and their families.
(16) According to the Centers for Disease Control and
Prevention, American Indian or Alaska Native adults are 60
percent more likely to be obese and over twice as likely as to
have diabetes compared to White adults.
(17) According to the Centers for Disease Control and
Prevention, American Indian or Alaska Native adults have the
highest rate of diabetes among all minority groups at 15.9
percent.
SEC. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES GUIDELINES, AND FEDERAL
AGENCIES ANNUAL REPORTS, RELATING TO CERTAIN PRIMARY CARE
FEDERAL HEALTH PROFESSIONALS COMPLETING CONTINUING
MEDICAL EDUCATION ON NUTRITION.
(a) Guidelines.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
issue guidelines to Federal agencies for developing procedures and
requirements to ensure that every primary care health professional
employed full-time for such agencies have continuing education courses
relating to nutrition (as described in subsection (c)).
(b) Biannual Reports.--Not later than 18 months after the date of
the enactment of this Act and each subsequent year, the head of each
Federal agency that employs full-time primary care health professionals
shall submit to Congress a report attesting, in a form and manner
specified by the Secretary of Health and Human Services, to the extent
to which the agency has adopted and encouraged the guidelines issued
under subsection (a) with respect to such professionals employed by
such agency during any portion of the previous year. If the agency,
with respect to such previous year, did not fully adopt and encourage
such guidelines with respect to such professionals, the head of the
agency shall include in the report for the year the percentage of such
professionals employed by such agency to furnish primary care services
who completed continuing education courses relating to nutrition (as
described in subsection (c)).
(c) Continuing Education Relating to Nutrition.--For purposes of
subsections (a) and (b), continuing education courses relating to
nutrition shall include at least content on the role of nutrition in
the prevention, management, and, as possible, reversal of obesity,
cardiovascular disease, diabetes, or cancer.
(d) Definitions.--For purposes of this Act:
(1) Continuing education.--The term ``continuing
education'' is defined as courses that meet requirements for
Continuing Medical Education (CME) or Continuing Education (CE)
by medical or nurse practitioner professional organizations or
certified accrediting bodies.
(2) Nurse practitioner.--The term ``nurse practitioner''
has the meaning given such term in section 1861(aa)(5) of the
Social Security Act (42 U.S.C. 1395x(aa)(5)).
(3) Physician.--The term ``physician'' has the meaning
given such term in section 1861(r)(1) of the Social Security
Act (42 U.S.C. 1395x(r)(1)).
(4) Primary care health professional.--The term ``primary
care health professional'' means a physician or nurse
practitioner who furnishes primary care services.
(5) Primary care services.--The term ``primary care
services'' has the meaning given such term in section
1842(i)(4) of the Social Security Act (42 U.S.C. 1395u(i)(4)),
but shall include such services furnished by a nurse
practitioner as would otherwise be included if furnished by a
physician. | Education and Training for Health Act of 2015 or the EAT for Health Act of 2015 Directs the Department of Health and Human Services to issue guidelines to federal agencies for developing procedures and requirements to ensure that every primary care health professional employed full-time for such agencies have continuing education courses relating to nutrition. Requires each agency to report to Congress annually on the extent to which it has adopted and encouraged such guidelines for such primary care professionals it employed during any portion of the previous year. Requires such courses to: (1) include content on the role of nutrition in the prevention, management, and reversal of obesity, cardiovascular disease, diabetes, or cancer; and (2) meet requirements for Continuing Medical Education or Continuing Education by medical or nurse practitioner professional organizations or certified accrediting bodies. | EAT for Health Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Start-up Savings
Accounts Act of 2016''.
SEC. 2. ESTABLISHMENT OF SMALL BUSINESS START-UP SAVINGS ACCOUNTS.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 408A the following new section:
``SEC. 408B. SMALL BUSINESS START-UP SAVINGS ACCOUNTS.
``(a) General Rule.--Except as provided in this section, a Small
Business Start-up Savings Account shall be treated for purposes of this
title in the same manner as an individual retirement plan.
``(b) Small Business Start-Up Savings Account.--For purposes of
this title, the term `Small Business Start-up Savings Account' means an
individual retirement plan which is designated (in such manner as the
Secretary may prescribe) at the time of establishment of the plan as a
Small Business Start-up Savings Account.
``(c) Treatment of Contributions.--
``(1) No deduction allowed.--No deduction shall be allowed
under section 219 for a contribution to a Small Business Start-
up Savings Account.
``(2) Contribution limit.--
``(A) In general.--The aggregate amount of
contributions for any taxable year to all Small
Business Start-up Savings Accounts maintained for the
benefit of an individual shall not exceed $10,000.
``(B) Aggregate limitation.--The aggregate of the
amount of contributions for all taxable years with
respect to all Small Business Start-up Savings Accounts
maintained for the benefit of an individual shall not
exceed $150,000.
``(C) Cost of living adjustment.--
``(i) In general.--In the case of a taxable
year beginning after 2017, the $10,000 amount
in subparagraph (A) shall be increased by an
amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2016' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $500,
such amount shall be rounded to the next lowest
multiple of $500.
``(3) Contributions permitted after age 70\1/2\.--
Contributions to a Small Business Start-up Savings Account may
be made even after the individual for whom the account is
maintained has attained age 70\1/2\.
``(4) Rollovers from retirement plans not allowed.--A
taxpayer shall not be allowed to make a qualified rollover
contribution to a Small Business Start-up Savings Account from
any eligible retirement plan (as defined in section
402(c)(8)(B)), except as may be provided by the Secretary in
the case of a rollover from another Small Business Start-up
Savings Account.
``(5) Income based on modified adjusted gross income.--
``(A) In general.--In the case of a taxable year in
which the taxpayer's adjusted gross income exceeds
$150,000 ($300,000 in the case of a joint return), the
dollar amount in effect for such taxable year under
subsection (c)(2) shall be reduced (but not below zero)
by the amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph shall be the amount which bears
the same ratio to such limitation as--
``(i) the excess of--
``(I) the taxpayer's adjusted gross
income for such taxable year, over
``(II) $150,000 ($300,000 in the
case of a joint return), bears to
``(ii) $25,000.
``(C) Modified adjusted gross income.--The term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933.
``(d) Treatment of Distributions.--
``(1) Tax treatment.--
``(A) Exclusion of qualified distributions.--Any
qualified distribution from a Small Business Start-up
Savings Account shall not be includible in gross
income.
``(B) Inclusion of other distributions.--
Distributions from a Small Business Start-up Savings
Account which is not a qualified distribution shall be
included in gross income and, for purposes of section
1, treated as a net capital gain.
``(2) Qualified distribution.--For purposes of this
subsection, the term `qualified distribution' means, with
respect to any taxable year, any payment or distribution from a
Small Business Start-up Savings Account--
``(A) to the extent the amount of such payment or
distribution does not exceed the sum of--
``(i) the aggregate amounts paid or
incurred by the taxpayer for such taxable year
with respect to a trade or business for the
purchase of equipment or facilities, marketing,
training, incorporation, and accounting fees,
and
``(ii) the aggregate capital contributions
of the taxpayer with respect to a trade or
business for the taxable year (but only to the
extent such amounts are used in such trade or
business for purposes described in clause (i)),
and
``(B) which, in the case of a payment or
distribution subsequent to the first payment or
distribution from such account (or any predecessor to
such account)--
``(i) is made not later than the close of
the 5th taxable year beginning after the date
of such first payment or distribution, and
``(ii) is made with respect to the same
trade or business with respect to which such
first payment or distribution was made.
``(3) Treatment after death of account beneficiary.--If, by
reason of the death of the account beneficiary, any person
acquires the account beneficiary's interest in a Small Business
Start-up Savings Account--
``(A) such account shall cease to be a Small
Business Start-up Savings Account as of the date of
death, and
``(B) an amount equal to the fair market value of
the assets in such account on such date shall be
includible--
``(i) in the case of a person who is not
the estate of such beneficiary, in such
person's gross income for the taxable year
which includes such date, or
``(ii) in the case of a person who is the
estate of such beneficiary, in such
beneficiary's gross income for the last taxable
year of such beneficiary.
``(C) Special rules.--
``(i) Reduction of inclusion for predeath
expenses.--The amount includible in gross
income under subparagraph (B) shall be reduced
by the amounts described in paragraph (2) which
were incurred by the decedent before the date
of the decedent's death and paid by such person
within 1 year after such date.
``(ii) Deduction for estate taxes.--An
appropriate deduction shall be allowed under
section 691(c) to any person (other than the
decedent) with respect to amounts included in
gross income under clause (i) by such person.
``(4) Mandatory distribution rules not to apply.--Section
401(a)(9)(A) and the incidental death benefit requirements of
section 401(a) shall not apply to any Small Business Start-up
Savings Account.''.
(b) Excess Contributions.--Section 4973 of such Code is amended by
adding at the end the following new subsection:
``(i) Excess Contributions to Small Business Start-Up Savings
Accounts.--For purposes of this section, in the case of contributions
to all Small Business Start-up Savings Accounts (within the meaning of
section 408B(b)) maintained for the benefit of an individual, the term
`excess contributions' means the sum of--
``(1) the excess (if any) of--
``(A) the amount contributed to such accounts for
the taxable year, over
``(B) the amount allowable as a contribution under
section 408B(c)(2)(A) for such taxable year, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts for the
taxable year, and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a
contribution under section 408B(c)(2)(A) for
such taxable year, over
``(ii) the amount contributed to such
accounts for such taxable year, and
``(3) the excess (if any) of--
``(A) the excess (if any) of--
``(i) the aggregate amounts contributed to
such accounts for all taxable years, over
``(ii) the aggregate amount allowable as
contributions under section 408B(c)(2)(B) for
all taxable years, over
``(B) the amount determined under this paragraph
for all preceding taxable years.''.
(c) Conforming Amendment.--The table of sections for subpart A of
part I of subchapter D of chapter 1 of such Code is amended by
inserting after the item relating to section 408A the following new
item:
``Sec. 408B. Small Business Start-up Savings Accounts.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016. | Small Business Start-up Savings Accounts Act of 2016 This bill amends the Internal Revenue Code to provide for tax-preferred Small Business Start-up Savings Accounts to pay for trade or business expenses, including the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees. The bill allows annual nondeductible contributions to such accounts of up to $10,000, subject to a $150,000 limit on total contributions to the account and adjustments for inflation after 2017. The bill sets forth rules for the tax treatment of contributions to and rollovers or distributions from the accounts, similar to rules governing individual retirement accounts (IRAs). Qualified distributions from the accounts are excluded from gross income. | Small Business Start-up Savings Accounts Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cuban Humanitarian Trade Act of
1997''.
SEC. 2. AMENDMENT TO EMBARGO AUTHORITY IN THE FOREIGN ASSISTANCE ACT OF
1961.
Section 620(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(a)(1)) is amended by inserting before the period at the end of the
second sentence the following: ``, except that any such embargo shall
not apply with respect to the export of any food, medicines, medical
supplies, medical instruments, or medical equipment, or with respect to
travel incident to the delivery of food, medicines, medical supplies,
medical instruments, or medical equipment''.
SEC. 3. LIMITATION ON EXISTING RESTRICTIONS ON TRADE WITH CUBA.
Upon the enactment of this Act, any regulation, proclamation, or
provision of law, including Presidential Proclamation 3447 of February
3, 1962, the Export Administration Regulations (15 CFR 730 and
following), and the Cuban Assets Control Regulations (31 CFR 515), that
prohibits exports to Cuba or transactions involving exports to Cuba and
that is in effect on the date of the enactment of this Act, shall not
apply with respect to the export to Cuba of food, medicines, medical
supplies, medical instruments, or medical equipment, or with respect to
travel incident to the delivery of food, medicines, medical supplies,
medical instruments, or medical equipment.
SEC. 4. LIMITATION ON THE FUTURE EXERCISE OF AUTHORITY.
After the enactment of this Act, the President may not restrict the
exportation to Cuba of food, medicines, medical supplies, medical
instruments, or medical equipment--
(1) under the Export Administration Act of 1979, except to
the extent such restrictions would be permitted under section 5
of that Act for goods containing parts or components on which
export controls are in effect under that section; or
(2) under section 203 of the International Emergency
Economic Powers Act, except to the extent the authorities under
that section are exercised to restrict the export of medical
instruments or medical equipment to deal with a threat to the
national security of the United States by virtue of the
technology incorporated in such instruments or equipment.
SEC. 5. CONFORMING AMENDMENTS.
(a) Sanctions Under Cuban Democracy Act of 1992.--Section 1705 of
the Cuban Democracy Act of 1992 (22 U.S.C. 6004) is amended--
(1) in subsection (b)--
(A) in the subsection caption by striking ``,
Donations'' and inserting ``, Exports''; and
(B) by striking ``donations of food to
nongovernmental organizations or individuals in Cuba''
and inserting ``exports of food to Cuba'';
(2) by amending subsection (c) to read as follows:
``(c) Exports of Medicines and Medical Supplies to Cuba.--Exports
of medicines, medical supplies, medical instruments, or medical
equipment to Cuba shall not be restricted--
``(1) except to the extent such restrictions would be
permitted--
``(A) under section 5 of the Export Administration
Act of 1979 for goods containing parts or components on
which export controls are in effect under that section;
or
``(B) under clause (A), (B), or (C) of section
203(b)(2) of the International Emergency Economic
Powers Act;
``(2) except in a case in which there is a reasonable
likelihood that the item to be exported will be used for
purposes of torture or other human rights abuses;
``(3) except in a case in which there is a reasonable
likelihood that the item to be exported will be reexported; and
``(4) except in a case in which the item to be exported
could be used in the production of any biotechnological
product.
Before imposing restrictions under this subsection, the President shall
submit to the Congress a report describing the restrictions to be
imposed and the reasons for the restrictions.''; and
(3) by striking subsection (d) and redesignating
subsections (e), (f), and (g) as subsections (d), (e), and (f),
respectively.
(b) International Cooperation.--Section 1704(b)(2)(C)(i) of the
Cuban Democracy Act of 1992 (22 U.S.C. 6003(b)(2)(C)(i)) is amended to
read as follows:
``(i) exports of food to Cuba; or''.
SEC. 6. APPLICATION 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 with respect to
income, war profits, or excess profits taxes paid to
Cuba that are attributable to activities with respect
to articles permitted to be exported to Cuba, or travel
incident thereto that is permitted, by virtue of the
enactment of the Cuban Humanitarian Trade Act of 1997.
The preceding sentence shall apply after the date which
is 60 days after the date of the enactment of this
sentence.''.
SEC. 7. INAPPLICABILITY OF OTHER RESTRICTIONS.
This Act and the amendments made by this Act apply notwithstanding
section 102(h) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)).
SEC. 8. REPORT TO CONGRESS.
Not later than 6 months after the date of the enactment of this
Act, the President shall transmit to the Congress a report that sets
forth--
(1) the extent (expressed in volume and dollar amounts) of
sales to Cuba of food, medicines, medical supplies, medical
instruments, and medical equipment, since the enactment of this
Act;
(2) a description of the types and end users of the goods
so exported; and
(3) whether there has been any indication that any
medicines, medical supplies, medical instruments, or medical
equipment exported to Cuba since the enactment of this Act--
(A) have been used for purposes of torture or other
human rights abuses;
(B) were reexported; or
(C) were used in the production of any
biotechnological product. | Cuban Humanitarian Trade Act of 1997 - Amends the Foreign Assistance Act of 1961 to exempt from the embargo on trade with Cuba the export of food, medicines, or medical supplies, instruments, or equipment, or any travel incident to delivery of such items. Exempts the same items from the President's authority to restrict exports to Cuba under the Export Administration Act of 1979 or the International Emergency Economic Powers Act.
Amends the Internal Revenue Code to terminate the denial of foreign tax credit with respect to income, war profits, or excess profits taxes paid to Cuba that are attributable to activities with respect to the permitted exports, or travel incident to such activities, under this Act.
Directs the President to report to the Congress with respect to the uses, and end users, of the permitted exports to Cuba. | Cuban Humanitarian Trade Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Apollo Lunar Landing Legacy Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) on July 20, 1969, Neil A. Armstrong and Edwin E.
``Buzz'' Aldrin Jr. became the first people to set foot on
another celestial body, during the Apollo 11 mission;
(2) between 1969 and 1972, Apollo Missions 11, 12, 14, 15,
16, and 17 all saw American astronauts visit the surface of the
Moon;
(3) the 1970 Apollo 13 mission, which was aborted due to a
serious malfunction en route to the Moon, also circled the
Moon;
(4) the Apollo lunar program was one of the greatest
achievements in American history;
(5) as commercial enterprises and foreign nations acquire
the ability to land on the Moon it is necessary to protect the
Apollo lunar landing sites for posterity; and
(6) establishing the Historical Park under this Act will
expand and enhance the protection and preservation of the
Apollo lunar landing sites and provide for greater recognition
and public understanding of this singular achievement in
American history.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to preserve and protect for the benefit of present and
future generations the nationally significant historic sites
associated with the Historical Park;
(2) to preserve and protect for scientific inquiry the
artifacts described in section 5(b); and
(3) to improve public understanding of the Apollo program
and its legacy through preservation of the historic resources
associated with the Apollo lunar landing sites.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(2) Apollo lunar landing sites.--The term ``Apollo lunar
landing sites'' means all areas of the Moon where astronauts
and instruments connected to the Apollo program between 1969
and 1972 touched the lunar surface.
(3) Historical park.--The term ``Historical Park'' means
the Apollo Lunar Landing Sites National Historical Park
established under section 5.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5. ESTABLISHMENT OF APOLLO LUNAR LANDING SITES NATIONAL HISTORICAL
PARK.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, there shall be established as a unit of the
National Park System the Apollo Lunar Landing Sites National Historical
Park.
(b) Park Components.--The Historical Park may only be comprised, as
determined by the Secretary in consultation with the Administrator,
of--
(1) the artifacts on the surface of the Moon associated
with the Apollo 11 mission, which landed on the lunar surface
July 20, 1969, at Mare Tranquillitatis;
(2) the artifacts on the surface of the Moon associated
with the Apollo 12 mission, which landed on the lunar surface
November 19, 1969, at Oceanus Procellarum;
(3) the artifacts on the surface of the Moon associated
with the Apollo 13 mission, which had an instrumentality crash
land on the lunar surface April 14, 1970;
(4) the artifacts on the surface of the Moon associated
with the Apollo 14 mission, which landed on the lunar surface
February 5, 1971, at Fra Mauro;
(5) the artifacts on the surface of the Moon associated
with the Apollo 15 mission, which landed on the lunar surface
July 30, 1971, at Hadley-Apennines;
(6) the artifacts on the surface of the Moon associated
with the Apollo 16 mission, which landed on the lunar surface
April 21, 1972, at Descartes; and
(7) the artifacts on the surface of the Moon associated
with the Apollo 17 mission, which landed on the lunar surface
December 11, 1972, at Taurus-Littrow.
SEC. 6. ADMINISTRATION.
(a) In General.--The Secretary shall administer the Historical Park
in accordance with--
(1) this Act;
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park System Organic Act (16 U.S.C.
1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.); and
(3) applicable international law and treaties.
(b) General Management Plan.--Not later than 18 months after the
date of enactment of this Act, the Secretary and the Administrator,
pursuant to the interagency management agreement entered into under
section 7(a), shall jointly complete a general management plan for the
Historical Park.
(c) Donations; Cooperative Agreements.--
(1) Agreements with other federal agencies.--The Secretary
may enter into one or more agreements with the head of a
Federal agency to provide public access to, and management,
interpretation, and historic preservation of, historically
significant Apollo lunar landing site resources under the
jurisdiction or control of the Federal agency.
(2) Donations; cooperative agreements.--The Secretary may
accept donations from, and enter into cooperative agreements
with, foreign governments and international bodies,
organizations, or individuals to further the purpose of an
interagency agreement entered into under paragraph (1) or to
provide visitor services and administrative facilities within
reasonable proximity to the Historical Park.
(3) Donations to nasa.--For the purposes of this Act, the
Administrator may accept, hold, administer, and use gifts,
bequests, and devises (including labor and services).
SEC. 7. MANAGEMENT AGREEMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary and the Administrator shall enter into an
agreement providing for the primary management of the Historical Park
by the Administrator. The agreement shall delineate the respective
duties and responsibilities of the Secretary and the Administrator in
managing the Historical Park. Responsibilities of the Administrator
shall specifically include--
(1) ensuring proper monitoring of the Apollo lunar landing
sites;
(2) managing access to the sites, including through
coordination with other spacefaring nations and entities; and
(3) in conjunction with the Director of the Smithsonian
Institution, ensuring an accurate cataloguing of items in the
Historical Park.
(b) Other Agencies.--The Secretary and the Administrator shall
consult with other agencies, as needed, to effectively carry out
management of the Historical Park.
SEC. 8. WORLD HERITAGE SITE DESIGNATION.
Not later than 1 year after the establishment of the Historical
Park, the Secretary, in consultation with the Administrator, shall
submit the Apollo 11 lunar landing site to the United Nations
Educational, Scientific, and Cultural Organization (UNESCO) for
designation as a World Heritage Site.
SEC. 9. SMITHSONIAN INSTITUTION.
Nothing in this Act shall be construed to alter or terminate any
existing agreements between the National Aeronautics and Space
Administration and the Smithsonian Institution concerning the
management of National Aeronautics and Space Administration historical
artifacts. | Apollo Lunar Landing Legacy Act - Establishes the Apollo Lunar Landing Sites National Historical Park on the Moon as a unit of the National Park System. Requires the Secretary of the Interior and the Administrator of the National Aeronautics and Space Administration (NASA) to complete jointly a general management plan for the Park. Authorizes the Secretary to enter into one or more agreements with the head of a federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Apollo lunar landing site resources under that agency's jurisdiction or control. Directs the Secretary and the Administrator to enter into an agreement providing for the primary management of the Park by the Administrator. Requires the Administrator's responsibilities to include: (1) ensuring proper monitoring of the Apollo lunar landing sites; (2) managing access to the sites, including through coordination with other spacefaring nations and entities; and (3) in conjunction with the Director of the Smithsonian Institution, ensuring an accurate cataloging of items in the Park. Instructs the Secretary to submit the Apollo 11 lunar landing site to the United Nations Educational, Scientific, and Cultural Organization (UNESCO) for designation as a World Heritage Site. | Apollo Lunar Landing Legacy Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Project SEARCH Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) small communities often struggle to meet environmental
goals because of difficulty in securing funding;
(2) often, sources of funding for environmental projects
require expensive, complex studies or other application
materials;
(3) a small community that secures funding for an
environmental project from a traditional source often is unable
to provide matching funds required by the traditional source;
and
(4) small communities would benefit from a grant program
designed to provide funding for environmental projects--
(A) through a simplified application process; and
(B) without the requirement of matching funds.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Council.--The term ``council'' means an independent
citizens' council established by section 4(b).
(3) Environmental project.--
(A) In general.--The term ``environmental project''
means a project that--
(i) benefits human health or the
environment; and
(ii) is necessary to comply with an
environmental law (including a regulation).
(B) Inclusion.--The term ``environmental project''
includes an initial feasibility study of a project.
(4) Region.--The term ``region'' means a geographic area of
a State, as determined by the Governor of the State.
(5) SEARCH grant.--The term ``SEARCH grant'' means a grant
for special environmental assistance for the regulation of
communities and habitat awarded under section 4(c)(3).
(6) Small community.--The term ``small community'' means an
incorporated or unincorporated community having a population of
not more than 2,500 individuals.
SEC. 4. SEARCH GRANT PROGRAM.
(a) In General.--
(1) Establishment.--There is established the SEARCH Grant
Program.
(2) State requirements.--
(A) In general.--Not later than October 1 of each
fiscal year, a State may submit to the Administrator an
application to receive a grant under paragraph (3) for
the fiscal year.
(B) Application requirements.--An application under
subparagraph (A) shall contain--
(i) a certification by the State that the
State has appointed members to the council of
the State under subsection (b)(2)(C); and
(ii) such information as the Administrator
may reasonably require.
(3) Grant to state.--Not later than 60 days after the date
on which the Office of Management and Budget apportions any
amounts made available under this Act, for each fiscal year
after the date of enactment of this Act, the Administrator
shall, on request by a State--
(A) determine whether any application submitted by
the State under paragraph (2) meets the requirements of
that paragraph; and
(B) subject to section 6(b), if the Administrator
determines that the application meets the requirements
of paragraph (2)(B), award a grant of $1,000,000 to the
State, to be used by the council of the State to award
SEARCH grants under subsection (b)(3).
(b) Independent Citizens' Council.--
(1) Establishment.--There is established in each State an
independent citizens' council to carry out the duties described
in this section.
(2) Composition.--
(A) In general.--Each council shall be composed of
9 members, appointed by the Governor of the State.
(B) Representation; residence.--Each member of a
council shall--
(i) represent an individual region of the
State, as determined by the Governor of the
State in which the council is established; and
(ii) reside in a small community of the
State.
(C) Appointment.--Before a State receives funds
under this Act, the State shall appoint members to the
council for the fiscal year; except that not more than
1 member shall be an agent, employee, or official of
the State government.
(D) Chairperson.--Each council shall select a
chairperson from among the members of the council,
except that a member who is an agent, employee, or
official of the State government shall not serve as
chairperson.
(E) Federal representation.--An agent, employee, or
official of the Federal Government shall participate in
the activities of the council only--
(i) in an advisory capacity; and
(ii) at the invitation of the council.
(3) SEARCH grants.--
(A) In general.--Each council shall review
applications for, and recommend awards of, SEARCH
grants to small communities that meet the eligibility
criteria under subsection (c).
(B) Recommendations.--In accordance with State law,
in awarding a SEARCH grant, a State shall--
(i) follow the recommendations of the
council; and
(ii) award the funds for any recommended
environmental project in a timely and
expeditious manner.
(C) No matching requirement.--A small community
that receives a SEARCH grant under this section shall
not be required to provide matching funds.
(c) SEARCH Grants for Small Communities.--
(1) Eligibility.--A council may recommend the award of a
SEARCH grant under this section to a small community for an
environmental project for which the small community--
(A) demonstrates, to the satisfaction of the
council, that the small community has pursued
traditional funding sources for the environmental
project and has not obtained funding, or has obtained
insufficient funding, from those sources; or
(B) needs funds to carry out initial feasibility or
environmental studies before applying to traditional
funding sources.
(2) Application.--To apply for a SEARCH grant under this
section, not later than February 5 of the fiscal year for which
the grant is to be recommended for award, a small community
shall submit to the council in the State in which the small
community is located an application that includes--
(A) a description of the proposed environmental
project (including an explanation of how the project
would assist the small community in complying with an
environmental law (including a regulation);
(B) an explanation of why the project is important
to the small community;
(C) a description of all actions taken with respect
to the project, including any attempt to secure funding
and a description of demonstrated need for funding for
the project, as of the date of the application; and
(D) a SEARCH grant application form provided by the
council, completed and with all required supporting
documentation.
(3) Review and award.--Not later than March 5 of each
fiscal year, each council shall--
(A) review all applications received under
paragraph (2); and
(B) recommend for award SEARCH grants to small
communities based on--
(i) an evaluation of the eligibility
criteria under paragraph (1); and
(ii) the content of the application.
(4) Unexpended funds.--
(A) In general.--If any unexpended funds remain
after SEARCH grants are awarded under subsection
(b)(3)(B), the council may repeat the application and
review process so that any remaining funds may be
recommended for award, and awarded, not later than July
30.
(B) Retention of funds.--Any unexpended funds that
are not awarded under subsection (b)(3)(B) or
subparagraph (A) shall be retained for award during the
following fiscal year.
SEC. 5. REPORT.
Not later than September 1 of the first fiscal year for which a
SEARCH grant is awarded by a council, and annually thereafter, the
council shall submit to the Administrator a report that--
(1) describes the number of SEARCH grants awarded during
the fiscal year;
(2) identifies each small community that received a SEARCH
grant during the fiscal year;
(3) describes the project or purpose for which each SEARCH
grant was awarded, including a statement of the benefit to
public health or the environment of the environmental project
receiving the grant funds; and
(4) describes the status of each project or portion of a
project for which a SEARCH grant was awarded, including a
project or portion of a project for which a SEARCH grant was
awarded for any fiscal year before the fiscal year in which the
report is submitted.
SEC. 6. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out section 4(a)(3) $50,000,000.
(b) Actual Appropriation.--If funds to carry out section 4(a)(3)
are made available for a fiscal year in an amount that is less than the
amount authorized under subsection (a) for the fiscal year, the
appropriated funds shall be divided equally among the 50 States.
(c) Unused Funds.--If, for any fiscal year, a State does not apply,
or does not qualify, to receive funds under section 4(a)(2), the funds
that would have been made available to the State under section 4(a)(3)
on submission by the State of a successful application under section
4(a)(2) shall be redistributed for award under this Act among States,
the councils of which awarded 1 or more SEARCH grants during the
preceding fiscal year.
(d) Other Expenses.--There are authorized to be appropriated such
sums as are necessary to carry out the provisions of this Act (other
than section 4(a)(3)). | Project SEARCH Act of 2001 - Establishes the SEARCH Grant (grants for special environmental assistance for the regulation of communities and habitat) Program.Authorizes independent citizens' councils established by this Act to recommend the award of a SEARCH grant for an environmental project to small communities that: (1) demonstrate that they have pursued traditional funding sources for the project and have not obtained, or have obtained insufficient, funding; or (2) need funds for initial feasibility or environmental studies before applying to traditional funding sources. | To provide grants for special environmental assistance for the regulation of communities and habitat ("SEARCH grants") to small communities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colorado Forest Insect Emergency
Response Act of 2008''.
SEC. 2. RESPONSE TO SEVERE INFESTATIONS OF BARK BEETLES AND OTHER
INSECTS ON FEDERAL LAND IN COLORADO.
(a) Findings.--The Congress finds the following:
(1) Fire and bark beetles and other insects that feed on
trees are natural parts of Colorado's forest ecology that have
some beneficial effects and help shape the forests by thinning
dense tree stands and promoting cyclical re-growth.
(2) However, in various parts of Colorado, large-scale
infestations of bark beetles and other insects, in combination
with other factors, have increased the likelihood of unusually
severe wildfires that pose a threat to lives and property in
nearby communities and to municipal water supplies and other
infrastructure.
(3) The Healthy Forests Restoration Act of 2003 (Public Law
108-148; 16 U.S.C. 6501 et seq.) was enacted to address the
need to reduce the volume of fuel that can feed the most severe
wildfires that threaten communities.
(4) The modification of some provisions of the Healthy
Forests Restoration Act of 2003 will help to further expedite
action to reduce the risks of severe wildfires to Colorado
communities, water supplies, and infrastructure in or near
forested areas most severely affected by infestations of bark
beetles and other insects.
(b) Insect-Emergency Area Defined.--Section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511) is amended--
(1) by redesignating paragraphs (12) through (16) as
paragraphs (13) through (17), respectively; and
(2) by inserting after paragraph (11) the following new
paragraph:
``(12) Insect-emergency area.--The term `insect-emergency
area' means an area of Federal land in Colorado designated by
the Secretary pursuant to section 107.''.
(c) Alternative Analysis Process.--Section 104(d)(2) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6514(d)(2)) is amended by
inserting after ``at-risk community'' the following: ``or on any other
lands identified for such a project in a community wildfire protection
plan for an at-risk community in or adjacent to an insect-emergency
area''.
(d) Response to Insect Emergencies.--Title I of the Healthy Forests
Restoration Act of 2003 is amended--
(1) by redesignating sections 107 and 108 as sections 108
and 109, respectively; and
(2) by inserting after section 106 (16 U.S.C. 6516) the
following new section:
``SEC. 107. COLORADO INSECT-EMERGENCY AREAS.
``(a) Designation of Insect-Emergency Areas.--
``(1) Designation authority.--The Secretary may designate
an area of Federal land in Colorado as an insect-emergency area
if--
``(A) the Secretary determines that the area is
subject to a widespread infestation of bark beetles or
other insects;
``(B) the Secretary determines that the area is
characterized by insect-induced tree mortality that
has, or within one year of the determination will have,
produced a condition such that an immediate reduction
in hazardous fuels is required in order to reduce the
risks to human life and property or to a municipal
water supply from a severe wildfire; and
``(C) the area is identified for hazardous fuel
reduction treatment in a community wildfire protection
plan.
``(2) Criteria.--The determinations required by
subparagraphs (A) and (B) of paragraph (1) shall be made on the
basis of the best information available, including observation
of relevant insect infestations.
``(3) Limitation on delegation.--In the case of National
Forest System lands, the authority to designate an insect-
emergency area may be delegated only to a Regional Forester.
``(b) Initiation of Designation Process.--
``(1) Initiation.--The designation of an insect-emergency
area may be made on the initiative of the Secretary or in
response to a request by any agency of the State of Colorado or
a political subdivision thereof.
``(2) Deadline.--If a request for designation is initiated
by the State or a political subdivision thereof, the Secretary
shall issue a decision regarding the request not later than 90
days after receipt of the request.
``(c) Consultation and Public Comment.--Before making the
determinations required by subparagraphs (A) and (B) of paragraph (1)
of subsection (a) with respect to an area, the Secretary shall--
``(1) consult with any Federal agency responsible for
management of lands within a relevant community wildfire
protection plan and appropriate State and local officials; and
``(2) provide public notice and seek public comments on the
possible determinations.
``(d) Review of Designation.--Any administrative or judicial review
of the decision of the Secretary to designate an insect-emergency area
shall be subject to regulations issued pursuant to section 105 and to
the provisions of section 106.
``(e) Authorized Hazardous Fuel Reduction Projects in Designated
Areas.--An authorized hazardous fuel reduction project involving only
lands within an insect-emergency area may be categorically excluded
from documentation in an environmental impact statement and
environmental assessment under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) if--
``(1) the project involves only lands that are identified
for hazardous-fuel reduction treatment in a community wildfire
protection plan; and
``(2) the decision to categorically exclude the project is
made in accordance with applicable extraordinary circumstances
procedures established pursuant to section 1508.4 of title 40,
Code of Federal Regulations.''. | Colorado Forest Insect Emergency Response Act of 2008 - Amends the Healthy Forests Restoration Act of 2003 to authorize the Secretary of Agriculture or the Secretary of the Interior to designate an area of federal land in Colorado as an insect-emergency area if the area is: (1) subject to a widespread infestation of bark beetles or other insects; (2) characterized by insect-induced tree mortality that has, or within one year of the determination will have, produced a condition such that an immediate reduction in hazardous fuels is required in order to reduce the risks to human life and property or to a municipal water supply from a severe wildfire; and (3) identified for hazardous fuel reduction treatment in a community wildfire protection plan. | To amend the Healthy Forests Restoration Act of 2003 to authorize the Secretary of Agriculture and the Secretary of the Interior to take expedited action to reduce the increased risk of severe wildfires to Colorado communities, water supplies, and infrastructure in or near forested areas most severely affected by infestations of bark beetles and other insects, and for other purposes. |
SECTION 1. TEMPORARY EXPANSION OF FIRST-TIME HOMEBUYER CREDIT TO ALL
HOMEBUYERS.
(a) In General.--Section 36 of the Internal Revenue Code of 1986
(relating to first-time homebuyer credit) is amended by redesignating
subsections (g) and (h) as subsections (h) and (i), respectively, and
by inserting after subsection (f) the following new subsection:
``(g) Credit Temporarily Allowable to All Homebuyers.--
``(1) Credit expanded to all homebuyers.--Except as
provided in paragraph (1), in the case of residences purchased
after the date of the enactment of this subsection and before
July 1, 2010, the requirement that the taxpayer be a first-time
homebuyer shall not apply.
``(2) Exception.--No credit shall be allowed under this
section by reason of paragraph (1) if credit was allowed under
this section or 1400C (relating to first-time homebuyer in the
District of Columbia) to the taxpayer (or the taxpayer's
spouse) with respect to any other residence.''.
(b) Conforming Amendments.--
(1) Section 36 of such Code is amended by striking
``December 1, 2009'' each place it appears (other than
subsection (h), as redesignated by subsection (a)) and
inserting ``July 1, 2010''.
(2) The heading for subparagraph (D) of section 36(f)(4) of
such Code is amended by striking ``purchases in 2009'' and
inserting ``certain purchases''.
(3) Subsection (h) of section 36 of such Code, as so
redesignated, is amended by striking ``December 31, 2009'' and
inserting ``January 1, 2010''.
(4) The heading of such section 36 is amended by inserting
before the period ``; temporary credit for all homebuyers''.
(5) The item relating to section 36 in the table of
sections for subpart C of part IV of subchapter A of chapter 1
of such Code is amended by inserting before the period ``;
Temporary credit for all homebuyers''.
(c) Effective Date.--The amendments made by this section shall
apply to residences purchased after the date of the enactment of this
Act.
SEC. 2. TEMPORARY REFUNDABLE CREDIT FOR COSTS OF REFINANCING
ACQUISITION INDEBTEDNESS SECURED BY PRINCIPAL RESIDENCE.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36 the following new section:
``SEC. 36A. TEMPORARY CREDIT FOR COSTS OF REFINANCING ACQUISITION
INDEBTEDNESS SECURED BY PRINCIPAL RESIDENCE.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
an amount equal to the qualified refinancing costs paid or accrued by
the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--
``(A) In general.--Except as otherwise provided in
this paragraph, the credit allowed under subsection (a)
shall not exceed $3,000.
``(B) Married individuals filing separately.--In
the case of a married individual filing a separate
return, subparagraph (A) shall be applied by
substituting `$1,500' for `$3,000'.
``(C) Other individuals.--If two or more
individuals who are not married own a principal
residence, the amount of the credit allowed under
subsection (a) shall be allocated among such
individuals in such manner as the Secretary may
prescribe, except that the total amount of the credits
allowed to all such individuals shall not exceed
$3,000.
``(2) Limitation based on modified adjusted gross income.--
The amount allowable as a credit under subsection (a)
(determined without regard to this paragraph) for the taxable
year shall be reduced as provided in section 36(b)(2).
``(c) Qualified Financing Costs.--For purposes of this section, the
term `qualified refinancing costs' means costs--
``(1) which are incurred to refinance acquisition
indebtedness (as defined in section 163(h)(3)) secured by the
principal residence of the taxpayer, and
``(2) which are not allowable as a deduction under this
chapter.
``(d) Exception.--No credit under subsection (a) shall be allowed
to any nonresident alien.
``(e) Application of Section.--This section shall only apply to
refinancings after the date of the enactment of this section and before
July 1, 2010.''.
(b) Conforming Amendments.--
(1) Section 6211(b)(4)(A) of such Code is amended by
inserting ``36A,'' after ``36,''.
(2) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36A,'' after ``36,''.
(3) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 36
the following new item:
``Sec. 36A. Temporary credit for costs of refinancing acquisition
indebtedness secured by principal
residence.''.
(c) Effective Date.--The amendments made by this section shall
apply to refinancings after the date of the enactment of this Act in
taxable years ending after such date. | Amends the Internal Revenue Code to allow until June 30, 2010: (1) a first-time homebuyer tax credit for all purchasers of a principal residence (not just first-time homebuyers); and (2) a refundable tax credit, up to $3,000, for the costs of refinancing a principal residence. | To amend the Internal Revenue Code of 1986 to temporarily expand the credit for first-time homebuyers to all homebuyers and to allow individuals a temporary refundable credit against income tax for the costs of refinancing acquisition indebtedness secured by their principal residence. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Seafood Marketing and
Development Act of 2012''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The fishery resources of the United States are valuable
and renewable natural resources that provide a major source of
employment and contribute significantly to the food supply,
economy, and health of the United States.
(2) Increased consumption of seafood would provide
significant nutritional and health benefits for many people in
the United States and help to reduce childhood obesity.
(3) The fishery resources of the United States are not
fully developed and utilized because of underdeveloped markets.
(4) United States seafood companies have the potential to
expand their contribution to interstate and foreign commerce,
favorably affecting the balance of trade.
(5) A national program for marketing seafood is needed to
realize the full potential of the fishery resources of the
United States and to assure that the people of the United
States benefit from the employment, food supply, and revenue
that could be generated by such realization.
(b) Purposes.--The purposes of this Act are--
(1) to improve and expand markets for seafood and
strengthen the competitive position of the United States in
domestic and international markets;
(2) to encourage the sustainable development and
utilization of the seafood resources of the United States
through enhancement of markets, promotion, and public
education;
(3) to assist growers, harvesters, and processors in
improving the safety, traceability, quality, marketability, and
sustainability of United States seafood products;
(4) to assist growers, harvesters, and processors of United
States seafood products in the development and promotion of
markets for seafood and improve coordination of their marketing
activities; and
(5) to educate and inform consumers about the nutritional
and health benefits of seafood.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means a Regional Seafood
Marketing Board established under section 4.
(2) Consumer education.--The term ``consumer education''
means actions undertaken to inform consumers on matters related
to the consumption of seafood products.
(3) Fund.--The term ``Fund'' means the National Seafood
Marketing and Development Fund established by section 5.
(4) Grower.--The term ``grower'' means any person in the
business of growing or farming seafood.
(5) Harvester.--The term ``harvester'' means any person in
the business of harvesting seafood from the wild.
(6) Marketer.--The term ``marketer'' means any person in
the business of selling seafood in the wholesale, retail, or
restaurant trade, but whose primary business function is not
the processing or packaging of seafood in preparation for sale.
(7) Marketing and promotion.--The term ``marketing and
promotion'' means an activity aimed at encouraging the
consumption of seafood or expanding or maintaining commercial
markets for seafood.
(8) Person.--The term ``person'' means any individual,
group of individuals, partnership, corporation, association,
cooperative, or any private entity organized or existing under
the laws of the United States or any State, commonwealth,
territory, or possession of the United States.
(9) Processor.--The term ``processor'' means any person in
the business of preparing or packaging seafood (including
seafood of the processor's own harvesting) for sale.
(10) Research.--The term ``research'' means any study or
project designed to advance the image, desirability, usage,
marketability, production, or quality of seafood.
(11) Seafood.--The term ``seafood'' means farm-raised and
wild-caught fish or shellfish harvested in the United States or
by a United States flagged vessel for human consumption.
(12) Seafood industry.--The term ``seafood industry'' means
harvesters, marketers, growers, processors, and persons
providing them with goods and services.
(13) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Commerce.
(14) United states.--The term ``United States'', when used
in the geographic sense, means the several States, the District
of Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Northern Mariana Islands, and any other territory,
possession, or commonwealth of the United States.
SEC. 4. REGIONAL SEAFOOD MARKETING BOARDS.
(a) Establishment of Regional Seafood Marketing Boards.--Not later
than 90 days after the date of the enactment of this Act, the Secretary
shall establish Regional Seafood Marketing Boards as follows:
(1) Northeast atlantic board.--The Northeast Atlantic Board
shall consist of the following members:
(A) Twelve members from the State of Maine, New
Hampshire, Massachusetts, Rhode Island, or Connecticut.
(B) One member from the State of Vermont,
Minnesota, Wisconsin, Illinois, Michigan, Indiana, or
Ohio.
(2) Mid and south atlantic board.--The Mid and South
Atlantic Board shall consist of the following members:
(A) Twelve members from the State of New York, New
Jersey, Delaware, Pennsylvania, Maryland, Virginia,
North Carolina, South Carolina, or Georgia.
(B) One member from the State of West Virginia,
Kentucky, or Tennessee.
(3) Gulf and caribbean board.--The Gulf and Caribbean Board
shall consist of the following members:
(A) Twelve members from the State of Florida,
Alabama, Mississippi, Louisiana, or Texas, the
Commonwealth of Puerto Rico, or the territory of the
Virgin Islands.
(B) One member from the State of Oklahoma,
Arkansas, Missouri, Iowa, Nebraska, or Kansas.
(4) Pacific board.--The Pacific Board shall consist of the
following members:
(A) Twelve members from the State of Idaho,
Washington, Oregon, or California.
(B) One member from the State of Arizona, Nevada,
New Mexico, Utah, Colorado, Wyoming, Montana, North
Dakota, or South Dakota.
(5) West and north pacific board.--The West and North
Pacific Board shall consist of thirteen members from the State
of Alaska or Hawaii or the territory of Guam or American Samoa.
(b) Appointment of Members.--
(1) Nomination.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall solicit
nominations for members of each Board from the public.
(2) Consultation.--Prior to appointing an individual to the
Board, the Secretary shall consult with and seek the
recommendations of the Governors of the States in the
geographical area of the Board.
(3) Appointment.--Not later than 270 days after the date of
the enactment of this Act, the Secretary shall appoint the
members of each Board from among the nominees received under
paragraph (1) and the recommendations received under paragraph
(2).
(4) Member expertise.--The Secretary shall ensure that the
members of each Board fairly reflect the expertise and interest
of the seafood industry located in the geographical area of the
Board, and that the members of each Board include the
following:
(A) Three individuals with experience in
harvesting.
(B) Two individuals with experience in processing,
including one having experience with large processors
and one having experience with small processors.
(C) One individual with experience in
transportation and logistics.
(D) One individual with experience in mass market
food distribution.
(E) One individual with experience in mass market
food retail or food service.
(F) One individual with experience in the marketing
of seafood.
(G) One individual recommended by a regional or
State seafood marketing organization.
(H) One individual with experience in growing
seafood.
(I) Two individuals that represent the general
public and are familiar with the seafood industry as a
whole.
(5) Member terms.--
(A) In general.--The term for a member of a Board
shall be 3 years unless the Secretary designates a
shorter term to provide for staggered expirations of
terms of office.
(B) Term limits.--No member of a Board may serve
more than 3 consecutive terms, except that a member may
continue to serve on a Board beyond that member's term
until a successor is appointed.
(c) Vacancies.--
(1) Removal.--A Board may remove a member from the Board
for failure to attend 3 consecutive Board meetings without
reasonable excuse, or for other cause by not less than \2/3\ of
the members of the Board.
(2) Effect of vacancy.--A vacancy shall not affect the
ability of a Board to function.
(3) Subsequent appointment.--A vacancy on a Board shall be
filled by the manner in which the original appointment was
made.
(d) Per Diem and Expenses.--A member of a Board shall serve without
compensation, but shall be reimbursed in accordance with section 5703
of title 5, United States Code, for reasonable travel costs and
expenses incurred in performing duties as a member of a Board.
(e) Chairman.--Each Board shall elect a chairman by a majority of
those voting, if a quorum is present.
(f) Quorum.--A simple majority of members of a Board shall
constitute a quorum, but a lesser number may hold hearings.
(g) Executive Director, Staff, Administrative Assistance.--
(1) Executive director.--
(A) In general.--A Board may employ and determine
the salary of an executive director, but such salary
shall not exceed level II of the Executive Schedule
under section 5313 of title 5, United States Code.
(B) Selection criteria.--The individual selected as
the executive director shall have demonstrated
expertise in the marketing and promotion of food
products.
(2) Staff.--With the approval of the Board, the executive
director may select and employ additional staff as necessary
without regard to the provisions of title 5, United States
Code.
(3) Administrative assistance.--The Secretary shall provide
each Board such administrative assistance as requested by the
Board for purposes of its initial organization and operation.
(h) National Coordinating Committee.--
(1) Establishment.--The chairman and 2 members of each
Board shall establish a National Coordinating Committee--
(A) to exchange information and, if appropriate,
coordinate the activities of the Boards; and
(B) to conduct other business consistent with the
policies and purposes of this Act.
(2) Meeting.--The National Coordinating Committee shall
meet at least once each year.
(i) Voluntary Payments.--Any person may make a voluntary payment to
the Secretary to assist a Board in carrying out their marketing plans.
Such payments shall be disbursed to the appropriate Board from the
Fund.
(j) Annual Marketing Plan.--
(1) Requirement for plan.--Each Board may prepare an annual
marketing plan that describes the consumer education, research,
and other marketing activities of the Board for the following
year, including the selection procedures and criteria the Board
plans to use for the solicitation and awarding of grants and
its plans to coordinate its activities with those of the other
Boards established under this Act. Plans may include marketing
activities that reference a particular brand or trade name, and
may include projects designed to promote the consumption or
purchase of a specific seafood species or group of similar
seafood.
(2) Purpose.--The purpose of each annual marketing plan
shall be to--
(A) increase consumer demand for seafood;
(B) encourage, expand, or improve the marketing and
utilization of seafood; and
(C) improve consumer education, research, and other
marketing activities regarding seafood.
(k) Accounting.--
(1) Records.--Each Board shall maintain accounting records
of the receipt and disbursement of all funds of the Board,
which shall be subject to the review of the Secretary.
(2) Reports.--Each Board shall submit an annual report to
the Secretary, detailing the expenditures of the Board.
(3) Funds.--Each Board shall keep the monies distributed to
it from the Fund on deposit in appropriate interest-bearing
accounts that shall be established by the Board or invested in
obligations of, or guaranteed by, the United States. Any
revenue accruing from such deposits and investments shall be
available to the Board for carrying out its marketing plans.
(l) Limitations on Deceptive or Negative Marketing.--Consumer
education and other marketing and promotion activities of the Boards
shall avoid use of deceptive or negative acts or practices on behalf of
fish or fish products or with respect to the quality, value, or use of
any competing product or group of products.
(m) Grants.--
(1) Requirement to make.--Each Board shall make grants to
persons to carry out projects subject to such terms and
conditions as the Board may require, consistent with the
purposes of this Act and any marketing plan the Board has
adopted.
(2) Cost-sharing.--A grant made by a Board under paragraph
(1) may not exceed 50 percent of the total estimated cost of
the project. The remaining 50 percent shall be provided by the
grantee, which may include the value of in-kind contributions
from the grantee.
(3) Award.--Each Board shall award at least 10 percent of
the grant funds awarded by the Board under this paragraph each
year to minority-owned, veteran-owned, or small businesses.
(n) Conflict of Interest.--The conflict of interest and recusal
provisions set forth in section 302(j) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(j)) shall apply to any
decision by the Board and to all members of the Board as if each member
of the Board is an affected individual within the meaning of such
section 302(j), except that in addition to the disclosure requirements
of section 302(j)(2)(C) of such Act, (16 U.S.C. 1852(j)(2)(C)), each
Board member shall disclose any financial interest or relationship in
an organization or with an individual that is applying for funding from
the Board held by the Board member, including an interest as an
officer, director, trustee, partner, employee, contractor, agent, or
other representative.
SEC. 5. NATIONAL SEAFOOD MARKETING AND DEVELOPMENT FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the National Seafood Marketing and
Development Fund.
(b) Exclusive Use of Fund.--Notwithstanding any other provision of
law, all amounts in the Fund shall be used exclusively by the Secretary
for making grants to the Boards under this Act and no such amount shall
be transferred from the Fund for any other purpose.
(c) Distribution of Amounts.--
(1) In general.--The amount available in the Fund for each
fiscal year shall be disbursed by the Secretary for such fiscal
year to the Boards as follows:
(A) Eighty percent of such amount in the Fund shall
be distributed equally among the Boards.
(B) Twenty percent shall be distributed to the
Boards based on a ratio of the total pounds of seafood
harvested in the geographical area of each Board to the
total pounds of seafood harvested in the United States.
(2) Ratio calculation.--The ratio referred to in
subparagraph (B) shall be calculated by the Secretary every 3
years using data collected by the Secretary of Commerce and the
Secretary of Agriculture.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Fund $50,000,000 for each fiscal year. | National Seafood Marketing and Development Act of 2012 - Directs the Secretary of Commerce to establish Regional Seafood Marketing Boards. Designates states eligible to have members appointed to Boards of the: (1) Northeast Atlantic, (2) Mid and South Atlantic, (3) Gulf and Caribbean, (4) Pacific, and (5) West and North Pacific.
Requires the Secretary to solicit nominations for members of each Board from the public and to seek recommendations from the governors of states in the geographical area of each Board.
Sets forth the seafood industry expertise requirements for Board members.
Requires the establishment of a National Coordinating Committee.
Authorizes each Board to prepare an annual marketing plan, including grant award requirements and plans to coordinate activities with those of other Boards. Permits plans to include marketing activities referencing a particular brand or trade name and addressing projects designed to promote the consumption or purchase of a specific seafood species or group of similar seafood.
Directs each Board to make grants to carry out projects consistent with a Board marketing plan. Requires grantees to provide at least 50% of the total estimated cost of the project.
Establishes within the U.S. Treasury the National Seafood Marketing and Development Fund to be used by the Secretary to make annual grants to Boards. | A bill to enhance national seafood marketing efforts through the creation of a National Seafood Marketing and Development Fund, Regional Seafood Marketing Boards and a National Coordinating Committee and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``J. Dennis Hastert Scholar Athlete
Act of 2002''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
Part A of title IV of the Higher Education Act of 1965 is amended
by inserting after subpart 8 (20 U.S.C. 1070f) the following new
subpart:
``Subpart 9--J. Dennis Hastert Scholar Athlete Scholarship Program
``SEC. 420M. STATEMENT OF PURPOSE; DEFINITIONS.
``(a) Purpose.--It is the purpose of this subpart to establish a J.
Dennis Hastert Scholar Athlete Scholarship Program--
``(1) to recognize and encourage scholar athletes; and
``(2) to promote the importance of participation in
intercollegiate athletics for the development of character,
initiative, and leadership as part of the educational
experience.
``(b) Definitions.--For purposes of this part--
``(1) the term `institution of higher education',
notwithstanding section 102, has the meaning provided in
section 101; and
``(2) the term `State' has the meaning provided in section
103(16).
``SEC. 420N. SCHOLARSHIPS AUTHORIZED.
``(a) Program Authority.--The Secretary is authorized, in
accordance with the provisions of this subpart, to make grants to
States to enable the States to award scholarships to individuals who
have demonstrated outstanding academic and athletic achievement and who
show promise of continuing that achievement.
``(b) Period of Award.--Scholarships under this section shall be
awarded for a period of not less than 1 or more than 4 years during the
first 4 years of study at any institution of higher education eligible
to participate in any programs assisted under this title. The State
educational agency administering the program in a State shall have
discretion to determine the period of the award (within the limits
specified in the preceding sentence).
``(c) Use at any Institution Permitted.--A student awarded a
scholarship under this subpart may attend any institution of higher
education.
``(d) Hastert Scholar Athletes.--Individuals awarded scholarships
under this subpart shall be known as `Hastert Scholar Athletes'.
``SEC. 420O. ALLOCATION AMONG STATES.
``(a) Allocation Formula.--From the sums appropriated pursuant to
section 420V for any fiscal year, the Secretary shall allocate to each
State that has an agreement under section 420P an amount that bears the
same ratio to the amount appropriated pursuant to section 420V as the
population of such State bears to the population of all the States that
have such an agreement, except that not less than $20,000 shall be made
available to any State for any such fiscal year.
``(b) Use of Census Data.--For the purpose of this section, the
population of a State and all the States shall be determined by the
most recently available data, satisfactory to the Secretary, from the
Bureau of the Census.
``(c) Consolidation by Insular Areas Prohibited.--Notwithstanding
section 501 of Public Law 95-134 (48 U.S.C. 1469a), funds allocated
under this part to an Insular Area described in that section shall be
deemed to be direct payments to classes of individuals, and the Insular
Area may not consolidate such funds with other funds received by the
Insular Area from any department or agency of the United States
Government.
``SEC. 420P. AGREEMENTS.
``The Secretary shall enter into an agreement with each State
desiring to participate in the scholarship program authorized by this
subpart. Each such agreement shall include provisions designed to
assure that--
``(1) the State educational agency will administer the
scholarship program authorized by this subpart in the State;
``(2) the State educational agency will comply with the
eligibility and selection provisions of this subpart;
``(3) the State educational agency will develop guidelines
to ensure that the scholarship funds in the aggregate will be
divided evenly between men and women;
``(4) from such divided scholarship funds, the State
educational agency will pay to each individual in the State who
is awarded a scholarship under this subpart $10,000, subject to
section 420S(a); and
``(5) the State educational agency will conduct outreach
activities to publicize the availability of scholarships under
this subpart to all eligible students in the State, with
particular emphasis on activities designed to assure that
students from low-income and moderate-income families have
access to the information on the opportunity for full
participation in the scholarship program authorized by this
subpart.
``SEC. 420Q. ELIGIBILITY OF SCHOLARS.
``(a) High School Graduation or Equivalent and Admission to
Institution Required.--Each student awarded a scholarship under this
subpart shall be a graduate of a public or private secondary school or
have the equivalent of a certificate of graduation as recognized by the
State in which the student resides and must have been admitted for
enrollment at an institution of higher education.
``(b) Selection Based on Promise of Academic and Athletic
Achievement.--Each student awarded a scholarship under this subpart--
``(1) must demonstrate quality academic and athletic
achievement and show promise of continued academic and athletic
achievement;
``(2) must indicate an intent to participate in
intercollegiate athletics; and
``(3) must be a member in good standing of a school-
recognized team to be eligible for any subsequent year
scholarship assistance, unless lack of participation is injury
related.
``SEC. 420R. SELECTION OF SCHOLARS.
``(a) Establishment of Criteria.--The State educational agency is
authorized to establish the criteria for the selection of scholars
under this subpart. Such criteria shall include an emphasis on sports
that are part of the Olympic Games or are not significant revenue
generators at particular institutions.
``(b) Adoption of Procedures.--The State educational agency shall
adopt selection procedures designed to ensure an equitable geographic
distribution of awards within the State.
``(c) Consultation Requirement.--In carrying out its
responsibilities under subsections (a) and (b), the State educational
agency shall consult with school administrators, school boards,
teachers, counselors, and parents.
``(d) Timing of Selection.--The selection process shall be
completed, and the awards made, prior to the end of each secondary
school academic year.
``SEC. 420S. STIPENDS AND SCHOLARSHIP CONDITIONS.
``(a) Amount of Award.--Each student awarded a scholarship under
this subpart shall receive a stipend of $10,000 for the academic year
of study for which the scholarship is awarded, except that in no case
shall the total amount of financial aid awarded to such student exceed
such student's total cost-of-attendance.
``(b) Use of Award.--The State educational agency shall establish
procedures to assure that a scholar athlete awarded a scholarship under
this subpart pursues a course of study at an institution of higher
education and continues to engage in athletic competition.
``SEC. 420U. CONSTRUCTION OF NEEDS PROVISIONS.
``Except as provided in section 471, nothing in this subpart, or
any other Act, shall be construed to permit the receipt of a
scholarship under this subpart to be counted for any needs test in
connection with the awarding of any grant or the making of any loan
under this Act or any other provision of Federal law relating to
educational assistance.
``SEC. 420V. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for this subpart--
``(1) $50,000,000 for fiscal year 2003;
``(2) $100,000,000 for fiscal year 2004;
``(3) $150,000,000 for fiscal year 2005; and
``(4) $200,000,000 for fiscal year 2006.''. | J. Dennis Hastert Scholar Athlete Act of 2002 - Amends part A of title IV of the Higher Education Act of 1965 to authorize the Secretary of Education to make grants to States to award scholarships for one to four years of study at institutions of higher education to individuals who have demonstrated outstanding academic and athletic achievement and show promise of continuing that achievement.Authorizes the Secretary to enter into agreements with States to assure that the scholarship program is administered to comply with specified requirements.Specifies student eligibility requirements based on promise of academic and athletic achievement.Authorizes State educational agencies to establish selection criteria with an emphasis on sports that are a part of the Olympic Games or are not significant revenue generators at particular institutions. | To amend the Higher Education Act of 1965 to establish a scholarship program to recognize scholar athletes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordability Is Access Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure timely access to affordable
birth control by requiring coverage without cost-sharing for oral birth
control for routine, daily use that is approved by, or otherwise
legally marketed under regulation by, the Food and Drug Administration
for use by women without a prescription.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Access to the full range of health benefits and
preventive services, including access to birth control, as
guaranteed under Federal law, provides all people of the United
States with the opportunity to lead healthier and more
productive lives.
(2) Birth control is a critical health care benefit and
service for women. Almost all women use birth control at some
point in their lifetimes. The Centers for Disease Control and
Prevention declared it one of the Ten Great Public Health
Achievements of the 20th Century.
(3) Birth control prevents and reduces unintended
pregnancies and provides many health and socioeconomic benefits
for women. Women with access to birth control are more likely
to have higher educational and career achievement, and to earn
higher wages.
(4) Affordability and timely access have long been barriers
for women being able to use birth control. Many women struggle
to obtain the birth control they need because of cost or other
access barriers, which has contributed to the high unintended
pregnancy rate in the United States. A national survey found
that 1 in 3 women have struggled to afford birth control at
some point in their lives, and as a result, have used birth
control inconsistently. The rate is even higher for young women
who are most likely to experience an unintended pregnancy.
(5) Three separate studies have found that lack of health
coverage is significantly associated with reduced use of
prescription contraceptive methods, including birth control.
(6) The Patient Protection and Affordable Care Act (Public
Law 111-148) sought to remove barriers to care and improve
access by requiring all new health plans to cover recommended
preventive services without cost-sharing, which include women's
preventive services, including all contraceptive methods,
including birth control and sterilization for women approved by
the Food and Drug Administration and related education and
counseling.
(7) The Patient Protection and Affordable Care Act women's
preventive services benefit has significantly improved women's
access to birth control, including oral birth control for
routine, daily use. The Department of Health and Human Services
has reported that, as of 2014, more than 55,000,000 women are
benefitting from coverage without cost-sharing for women's
preventive services, including birth control, under the Patient
Protection and Affordable Care Act. Women have saved more than
$483,000,000 in out-of-pocket costs for birth control with no
copayments in 2012 compared to 2013, an average savings of $269
per woman.
(8) The most appropriate method of birth control varies
according to each individual woman's needs, medical history,
and stage of life. For instance, women may have medical
contraindications that limit their ability to use certain birth
control methods. It is critical that the full range of birth
control methods approved by the Food and Drug Administration
are available and covered without cost-sharing in order to
ensure that each woman has access to the birth control method
that best meets her needs.
(9) The determination as to whether a drug should be
available for use without a prescription is appropriately and
solely made by the Food and Drug Administration. To ensure the
safety and efficacy of a drug, including a drug available for
over-the-counter use, the appropriate scientific and medical
personnel at the Food and Drug Administration, often with input
from independent advisory panels of experts, review clinical
and other data relating to the safety and efficacy of the drug.
This scientific and medical review can occur as part of the
Food and Drug Administration's over-the-counter drug review for
potential inclusion in a monograph as generally recognized as
safe and effective, or as part of the review of a new drug
application (or an abbreviated new drug application). As part
of these regulatory processes, the appropriate scientific and
medical personnel review clinical and other data, including
data generated in controlled clinical trials. The Food and Drug
Administration also reviews consumer studies and monitors post-
marketing safety data. All of these processes ensure that the
appropriate scientific and medical personnel make the
determination of safety, quality, and efficacy of drugs
marketed to the people of the United States.
(10) Leading women's health experts, providers, and medical
associations, including the American College of Obstetricians
and Gynecologists and the American Academy of Family
Physicians, support full insurance coverage and increased
access to oral birth control over-the-counter. In 2012, the
American College of Obstetricians and Gynecologists issued a
Committee Opinion recommending approval by the Food and Drug
Administration of certain forms of birth control for over-the-
counter use to increase timely access to birth control.
Furthermore, data demonstrates that birth control that is
available over-the-counter has public support and would
increase birth control usage and continuation. The Committee
Opinion followed similar recommendations made by leading
reproductive health experts and published in the American
Journal of Public Health.
(11) Research shows that birth control available over-the-
counter, as an addition to, not a substitute for, the women's
preventive health benefit under the Patient Protection and
Affordable Care Act, would increase accessibility for oral
birth control for routine, daily use.
SEC. 4. SENSE OF THE HOUSE OF REPRESENTATIVES.
It is the sense of the House of Representatives that--
(1) in order to increase women's access to oral birth
control, it must be both easier to obtain and affordable and,
to make it either easier to obtain or more affordable, but not
both, is to leave unacceptable barriers in place for women;
(2) it is imperative that the entities that research and
develop oral birth control and whose medical and scientific
experts have developed clinical and other evidence that oral
birth control for routine, daily use is safe and effective for
women when sold without a prescription, apply to the Food and
Drug Administration for review and approval for sale of such
birth control without a prescription;
(3) upon the receipt of such an application, the Food and
Drug Administration should determine whether the oral birth
control meets the rigorous safety, efficacy, and quality
standards for over-the-counter use under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), and if the
product meets those standards, the Food and Drug Administration
should approve the application without delay; and
(4) if and when the Food and Drug Administration approves
an oral birth control that is available over-the-counter, such
birth control should be covered by health insurance, without a
prescription and without cost-sharing.
SEC. 5. ENSURING COVERAGE OF ORAL BIRTH CONTROL FOR USE WITHOUT A
PRESCRIPTION.
Section 2713(a)(4) of the Public Health Service Act (42 U.S.C.
300gg-13(a)(4)) is amended by inserting ``(including oral
contraceptives for routine, daily use approved by the Food and Drug
Administration for use without a prescription, even if the individual
does not have a prescription for such contraceptive)'' after
``additional preventive care''.
SEC. 6. RULES OF CONSTRUCTION.
(a) Non-Interference With FDA Regulation.--Nothing in this Act (or
the amendment made by this Act) shall be construed to modify or
interfere with Food and Drug Administration processes to review or
approve, or otherwise determine the safety and efficacy of, and make
available, non-prescription drugs or devices, modify or interfere with
the scientific and medical considerations of the Food and Drug
Administration, or alter any other authority of the Food and Drug
Administration.
(b) Non-Preemption.--Nothing in this Act (or the amendment made by
this Act) preempts any provision of Federal or State law to the extent
that such Federal or State law provides protections for consumers that
are greater than the protections provided for in this Act.
SEC. 7. DUTIES OF RETAILERS TO ENSURE ACCESS TO ORAL BIRTH CONTROL FOR
USE WITHOUT A PRESCRIPTION.
(a) In General.--Any retailer that stocks oral birth control for
routine, daily use that is approved by, or otherwise legally marketed
under regulation by, the Food and Drug Administration for use without a
prescription may not interfere with an individual's access to or
purchase of such birth control or access to medically accurate,
comprehensive information about such birth control.
(b) Limitation.--Nothing in this section shall prohibit a retailer
that stocks oral birth control for routine, daily use from refusing to
provide an individual with such oral birth control that is approved by,
or otherwise legally marketed under regulation by, the Food and Drug
Administration if the individual is unable to pay for the birth
control, directly or through insurance coverage. | Affordability Is Access Act This bill amends the Public Health Service Act to require health insurance and group health plans to cover, as preventive care for women, over-the-counter oral contraceptives for daily use, regardless of whether an enrollee has a prescription for the contraceptive. (Insurers and plans cannot impose cost sharing for preventive care.) | Affordability Is Access Act |