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SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.
(a) Definitions.--In this section:
(1) Business entity.--The term ``business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ``facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ``gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ``intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision. | Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State. | 0 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The people of the United States consider the national
and international protection and promotion of human rights and
the rule of law the most important values of any democracy. The
founding fathers defined human rights prominently in the Bill
of Rights, giving those rights a special priority and
protection in the Constitution.
(2) Federal agencies are in possession of documents
pertaining to gross human rights violations abroad which are
needed by foreign authorities to document, investigate, and
subsequently prosecute instances of continued and systematic
gross human rights violations, including those directed against
citizens of the United States.
(3) The United States will continue to receive requests
from foreign authorities for legal assistance regarding human
rights violations, including the declassification of documents.
In addition to requests by Guatemala and Honduras, a Spanish
court magistrate, Baltasar Garzon, recently requested from the
United States information on General Augusto Pinochet.
Currently, the United States responds to declassification
requests by following procedures outlined in Presidential
directives and executive orders. The overwhelming interest of
the United States in the protection and promotion of human
rights nationally and internationally requires a significant
strengthening of existing declassification procedures,
including section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(4) The expedient declassification of human rights
documents in full compliance with United States security
interests according to the procedures outlined in this Act will
protect global human rights by strengthening the rule of law
internationally, creating a crucial level of accountability of
Federal agencies, and will result in significant saving of
Government resources.
(5) The commitment to the promotion and protection of human
rights and democracy around the world has led the United States
to undertake tremendous diplomatic, economic, and military
efforts to end systematic gross human rights violations abroad,
consistent with the national interests and international
leadership role of the United States. In addition, countless
humanitarian United States nongovernmental organizations and
citizens of the United States promote human rights and
democracy in foreign countries. These efforts are thwarted if
the cycle of impunity for human rights violations is not broken
in those countries, and the likelihood of the need for renewed
United States engagements in those areas remains.
(6) The United States therefore has a significant interest
that newly established or reestablished democratic societies
take credible steps to fully investigate and prosecute human
rights violations. These steps can include the creation of a
national or international truth commission or tribunal, the
appointment of a human rights officer, or official national
investigations led by credible sections of the civil society,
including churches and nongovernmental organizations.
(7) The United States has long provided international
leadership to end impunity for gross human rights violations
and to promote the rule of law around the world by establishing
and supporting the Nuremberg and Tokyo War Crimes Tribunal; in
addition, the United States has actively participated in, among
others, the International War Crimes Tribunals on the former
Yugoslavia and Rwanda.
(8) The United States has ratified the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which in article 9 obligates parties to ``afford one
another the greatest measure of assistance in connection with criminal
proceedings brought in respect of any [acts of, attempts of, or
complicity in acts of torture], including the supply of all evidence at
their disposal necessary for the proceedings.'' In addition, as a
member State of the Organization of American States, the United States
should seek to follow the December 8, 1998, recommendation of the
Inter-American Commission on Human Rights ``that member States of the
Organization of American States adopt legislative and such other
measures as may be necessary to effectuate the right of free access to
information in files and documents in the power of the State,
particularly in cases of investigations to establish criminal
responsibility for international crimes and serious violations of human
rights.''
(9) The Guatemalan peace accords, which the Government of
the United States firmly supports, included as an important and
vital component an investigation and a report by the Commission
for the Historical Clarification of Human Rights Violations and
Acts of Violence which have Caused Suffering to the Guatemalan
People (referred to in this Act as the ``Clarification
Commission''). Despite the conclusion of this investigation,
many questions, including the identity of perpetrators of human
rights violations as well as the location of bodies of the
``disappeared'', remain unanswered. The Clarification
Commission explicitly recommended that ``all available legal
and material resources should be utilized [by the Guatemalan
Government] to clarify the whereabouts of the disappeared and,
in the case of death, to deliver the remains to the
relatives.''
(10) Two days after presenting a parallel investigation,
``Guatemala: Never Again'', by the Historical Memory Recovery
Project by the Archbishop of Guatemala, the director of the
project, Bishop Juan Jose Gerardi, was assassinated.
(11) President Clinton stated in Guatemala on March 10,
1999, that ``[f]or the United States, it is important that I
state clearly that support for military forces or intelligence
units which engaged in violent and widespread repression of the
kind described in the report [by the Clarification Commission]
was wrong, and the United States must not repeat that mistake.
We must, and we will, instead, continue to support the peace
and reconciliation process in Guatemala.''
(12) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting
documentation of the United States on human rights violations
in Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but aspects of it are still pending.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
violations of internationally recognized human rights committed
after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including, but not limited to,
the Department of State, the Agency for International
Development, the Department of Defense (and all of its
components), the Central Intelligence Agency, the National
Reconnaissance Office, the Department of Justice (and all of
its components), the National Security Council, and the
Executive Office of the President.
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provisions of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the
United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations,
the Organization of American States or a similar entity, a national
truth commission or entity of similar nature, or from the principal
justice or human rights official of a country that is investigating a
pattern of gross violations of internationally recognized human rights,
the agency shall conduct a review of records as described in section 4
and shall declassify and publicly disclose such records in accordance
with the standards and procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel or any other entity subsequently
established by law or Executive order and charged with carrying out the
functions currently carried out by such Panel (referred to in this Act
as the ``Appeals Panel'') shall review all determinations by an agency
to postpone public disclosure of any human rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Panel under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries.
The report shall be available to the public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The President
shall appoint individuals who are not employees of the United States
who have demonstrated substantial human rights expertise and who are
able to meet the security requirements for the positions. The President
shall seek recommendations with respect to such positions from
nongovernmental human rights organizations. | Human Rights Information Act - Requires certain Federal agencies to identify and organize all human rights records regarding activities occurring in Guatemala and Honduras after 1944 for declassification and disclosure purposes, and to make them available to the public.
Instructs the President to report to Congress regarding agency compliance.
Prescribes guidelines under which the Interagency Security Classification Appeals Panel shall review agency determinations to postpone public disclosure of any human rights record. Authorizes postponement of such public disclosures on specified grounds.
Requires any U.S. agency, upon request by an entity created by the United Nations, the Organization of American States (or similar entity), a national truth commission (or similar entity), or from the principal justice or human rights official of a country that is investigating a pattern of gross violations of internationally recognized human rights, to review, declassify, and publicly disclose any human pertinent rights records.
Directs the Information Security Policy Advisory Council to report to Congress on declassification of human rights records relating to other countries and to make such report available to the public.
Creates two additional positions in the Panel in order to implement this Act. | 1 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue not more than 500,000 1
dollar coins, 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 section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design--
(A) on the obverse side of the coins minted under
this Act shall be emblematic of Jackie Robinson; and
(B) on the reverse side of such coins shall be
emblematic of Jackie Robinson's association with and
contributions to major league baseball.
(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 ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning April 15, 1997.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 15, 1998.
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 subsection (d) 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.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
Subject to section 10(a), all surcharges received by the Secretary
from the sale of coins issued under this Act shall be promptly paid by
the Secretary to the Jackie Robinson Foundation (hereafter in this Act
referred to as the Foundation'') for the purpose of--
(1) enhancing the programs of the Foundation in the field
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for youth
with the greatest need.
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary that,
with respect to all projects or purposes for which the proceeds
of such surcharge may be used, the Foundation has raised funds
from private sources for such projects and purposes in an
amount which is equal to or greater than the maximum amount the
Foundation may receive from the proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary;
and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary may waive the
application of any paragraph of this subsection to the
Foundation for any fiscal year after taking into account the
amount of surcharges which such Foundation received or expended
during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act. | Jackie Robinson Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins emblematic of Jackie Robinson in commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball; and (2) distribute surcharge proceeds to the Jackie Robinson Foundation to enhance its education and youth leadership programs, and increase the availability of scholarships for economically disadvantaged youths. | 2 |
SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date. | Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock. | 3 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Energy Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Appraisals.
Sec. 4. Standardization.
Sec. 5. Environmental reviews of major Federal actions on Indian lands.
Sec. 6. BLM oil and gas fees.
Sec. 7. Bonding requirements and nonpayment of attorneys' fees to
promote Indian energy projects.
Sec. 8. Tribal biomass demonstration project.
Sec. 9. Tribal resource management plans.
Sec. 10. Leases of restricted lands for the Navajo Nation.
Sec. 11. Nonapplicability of certain rules.
SEC. 3. APPRAISALS.
(a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25
U.S.C. 3501 et seq.) is amended by adding at the end the following:
``SEC. 2607. APPRAISAL REFORMS.
``(a) Options to Indian Tribes.--With respect to a transaction
involving Indian land or the trust assets of an Indian tribe that
requires the approval of the Secretary, any appraisal relating to fair
market value required to be conducted under applicable law, regulation,
or policy may be completed by--
``(1) the Secretary;
``(2) the affected Indian tribe; or
``(3) a certified, third-party appraiser pursuant to a
contract with the Indian tribe.
``(b) Time Limit on Secretarial Review and Action.--Not later than
30 days after the date on which the Secretary receives an appraisal
conducted by or for an Indian tribe pursuant to paragraphs (2) or (3)
of subsection (a), the Secretary shall--
``(1) review the appraisal; and
``(2) provide to the Indian tribe a written notice of
approval or disapproval of the appraisal.
``(c) Failure of Secretary To Approve or Disapprove.--If, after 60
days, the Secretary has failed to approve or disapprove any appraisal
received, the appraisal shall be deemed approved.
``(d) Option to Indian Tribes To Waive Appraisal.--
``(1) An Indian tribe wishing to waive the requirements of
subsection (a), may do so after it has satisfied the
requirements of subsections (2) and (3) below.
``(2) An Indian tribe wishing to forego the necessity of a
waiver pursuant to this section must provide to the Secretary a
written resolution, statement, or other unambiguous indication
of tribal intent, duly approved by the governing body of the
Indian tribe.
``(3) The unambiguous indication of intent provided by the
Indian tribe to the Secretary under paragraph (2) must include
an express waiver by the Indian tribe of any claims for damages
it might have against the United States as a result of the lack
of an appraisal undertaken.
``(e) Definition.--For purposes of this subsection, the term
`appraisal' includes appraisals and other estimates of value.
``(f) Regulations.--The Secretary shall develop regulations for
implementing this section, including standards the Secretary shall use
for approving or disapproving an appraisal.''.
(b) Conforming Amendment.--The table of contents of the Energy
Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the
end of the items relating to title XXVI the following:
``Sec. 2607. Appraisal reforms.''.
SEC. 4. STANDARDIZATION.
As soon as practicable after the date of the enactment of this Act,
the Secretary of the Interior shall implement procedures to ensure that
each agency within the Department of the Interior that is involved in
the review, approval, and oversight of oil and gas activities on Indian
lands shall use a uniform system of reference numbers and tracking
systems for oil and gas wells.
SEC. 5. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN LANDS.
Section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the
first sentence, and by adding at the end the following:
``(b) Review of Major Federal Actions on Indian Lands.--
``(1) In general.--For any major Federal action on Indian
lands of an Indian tribe requiring the preparation of a
statement under subsection (a)(2)(C), the statement shall only
be available for review and comment by the members of the
Indian tribe and by any other individual residing within the
affected area.
``(2) Regulations.--The Chairman of the Council on
Environmental Quality shall develop regulations to implement
this section, including descriptions of affected areas for
specific major Federal actions, in consultation with Indian
tribes.
``(3) Definitions.--In this subsection, each of the terms
`Indian land' and `Indian tribe' has the meaning given that
term in section 2601 of the Energy Policy Act of 1992 (25
U.S.C. 3501).
``(4) Clarification of authority.--Nothing in the Native
American Energy Act, except section 7 of that Act, shall give
the Secretary any additional authority over energy projects on
Alaska Native Claims Settlement Act lands.''.
SEC. 6. BLM OIL AND GAS FEES.
The Secretary of the Interior, acting through the Bureau of Land
Management, shall not collect any fee for any of the following:
(1) For an application for a permit to drill on Indian
land.
(2) To conduct any oil or gas inspection activity on Indian
land.
(3) On any oil or gas lease for nonproducing acreage on
Indian land.
SEC. 7. BONDING REQUIREMENTS AND NONPAYMENT OF ATTORNEYS' FEES TO
PROMOTE INDIAN ENERGY PROJECTS.
(a) In General.--A plaintiff who obtains a preliminary injunction
or administrative stay in an energy related action, but does not
ultimately prevail on the merits of the energy related action, shall be
liable for damages sustained by a defendant who--
(1) opposed the preliminary injunction or administrative
stay; and
(2) was harmed by the preliminary injunction or
administrative stay.
(b) Bond.--Unless otherwise specifically exempted by Federal law, a
court may not issue a preliminary injunction and an agency may not
grant an administrative stay in an energy related action until the
plaintiff posts with the court or the agency a surety bond or cash
equivalent--
(1) in an amount the court or agency decides is 30 percent
of that amount that the court or agency considers is sufficient
to compensate each defendant opposing the preliminary
injunction or administrative stay for damages, including but
not limited to preliminary development costs, additional
development costs, and reasonable attorney fees, that each
defendant may sustain as a result of the preliminary injunction
or administrative stay;
(2) written by a surety licensed to do business in the
State in which the Indian Land or other land where the
activities are undertaken is situated; and
(3) payable to each defendant opposing the preliminary
injunction or administrative stay, in the event that the
plaintiff does not prevail on the merits of the energy related
action, Provided, that, if there is more than one plaintiff,
the court or agency shall establish the amount of the bond
required by this subsection for each plaintiff in a fair and
equitable manner.
(c) Limitation on Certain Payments.--Notwithstanding section 1304
of title 31, United States Code, no award may be made under section 504
of title 5, United States Code, or under section 2412 of title 28,
United States Code, and no amounts may be obligated or expended from
the Claims and Judgment Fund of the United States Treasury to pay any
fees or other expenses under such sections to any plaintiff related to
an energy related action.
(d) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Administrative stay.--The term ``Administrative Stay''
means a stay or other temporary remedy issued by a Federal
agency, including the Department of the Interior, the
Department of Agriculture, the Department of Energy, the
Department of Commerce, and the Environmental Protection
Agency.
(2) Indian land.--The term ``Indian Land'' has the same
meaning given such term in section 203(c)(3) of the Energy
Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501),
including lands owned by Native Corporations under the Alaska
Native Claims Settlement Act (Public Law 92-203; 43 U.S.C.
1601).
(3) Energy related action.--The term ``energy related
action'' means a cause of action that--
(A) is filed on or after the effective date of this
Act; and
(B) seeks judicial review of a final agency action
(as defined in section 702 of title 5, United States
Code), to issue a permit, license, or other form of
agency permission allowing:
(i) any person or entity to conduct
activities on Indian Land, which activities
involve the exploration, development,
production or transportation of oil, gas, coal,
shale gas, oil shale, geothermal resources,
wind or solar resources, underground coal
gasification, biomass, or the generation of
electricity, or
(ii) any Indian Tribe, or any organization
of two or more entities, at least one of which
is an Indian tribe, to conduct activities
involving the exploration, development,
production or transportation of oil, gas, coal,
shale gas, oil shale, geothermal resources,
wind or solar resources, underground coal
gasification, biomass, or the generation of
electricity, regardless of where such
activities are undertaken.
(4) Ultimately prevail on the merits.--The phrase
``Ultimately prevail on the merits'' means, in a final
enforceable judgment on the merits, the court rules in the
plaintiff's favor on at least one cause of action which is an
underlying rationale for the preliminary injunction, and does
not include circumstances where the final agency action is
modified or amended by the issuing agency unless such
modification or amendment is required pursuant to a final
enforceable judgment of the court or a court-ordered consent
decree.
(5) Indian tribe.--The term ``Indian tribe'' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village or regional or
village corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
SEC. 8. TRIBAL BIOMASS DEMONSTRATION PROJECT.
The Tribal Forest Protection Act of 2004 is amended by inserting
after section 2 (25 U.S.C. 3115a) the following:
``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT.
``(a) In General.--For each of fiscal years 2014 through 2018, the
Secretary shall enter into stewardship contracts or other agreements,
other than agreements that are exclusively direct service contracts,
with Indian tribes to carry out demonstration projects to promote
biomass energy production (including biofuel, heat, and electricity
generation) on Indian forest land and in nearby communities by
providing reliable supplies of woody biomass from Federal land.
``(b) Definitions.--The definitions in section 2 shall apply to
this section.
``(c) Demonstration Projects.--In each fiscal year for which
projects are authorized, the Secretary shall enter into contracts or
other agreements described in subsection (a) to carry out at least 4
new demonstration projects that meet the eligibility criteria described
in subsection (d).
``(d) Eligibility Criteria.--To be eligible to enter into a
contract or other agreement under this subsection, an Indian tribe
shall submit to the Secretary an application--
``(1) containing such information as the Secretary may
require; and
``(2) that includes a description of--
``(A) the Indian forest land or rangeland under the
jurisdiction of the Indian tribe; and
``(B) the demonstration project proposed to be
carried out by the Indian tribe.
``(e) Selection.--In evaluating the applications submitted under
subsection (c), the Secretary--
``(1) shall take into consideration the factors set forth
in paragraphs (1) and (2) of section 2(e) of Public Law 108-
278; and whether a proposed demonstration project would--
``(A) increase the availability or reliability of
local or regional energy;
``(B) enhance the economic development of the
Indian tribe;
``(C) improve the connection of electric power
transmission facilities serving the Indian tribe with
other electric transmission facilities;
``(D) improve the forest health or watersheds of
Federal land or Indian forest land or rangeland; or
``(E) otherwise promote the use of woody biomass;
and
``(2) shall exclude from consideration any merchantable
logs that have been identified by the Secretary for commercial
sale.
``(f) Implementation.--The Secretary shall--
``(1) ensure that the criteria described in subsection (c)
are publicly available by not later than 120 days after the
date of enactment of this section; and
``(2) to the maximum extent practicable, consult with
Indian tribes and appropriate intertribal organizations likely
to be affected in developing the application and otherwise
carrying out this section.
``(g) Report.--Not later than September 20, 2015, the Secretary
shall submit to Congress a report that describes, with respect to the
reporting period--
``(1) each individual tribal application received under
this section; and
``(2) each contract and agreement entered into pursuant to
this section.
``(h) Incorporation of Management Plans.--In carrying out a
contract or agreement under this section, on receipt of a request from
an Indian tribe, the Secretary shall incorporate into the contract or
agreement, to the extent practicable, management plans (including
forest management and integrated resource management plans) in effect
on the Indian forest land or rangeland of the respective Indian tribe.
``(i) Term.--A stewardship contract or other agreement entered into
under this section--
``(1) shall be for a term of not more than 20 years; and
``(2) may be renewed in accordance with this section for
not more than an additional 10 years.''.
SEC. 9. TRIBAL RESOURCE MANAGEMENT PLANS.
Unless otherwise explicitly exempted by Federal law enacted after
the date of the enactment of this Act, any activity conducted or
resources harvested or produced pursuant to a tribal resource
management plan or an integrated resource management plan approved by
the Secretary of the Interior under the National Indian Forest
Resources Management Act (25 U.S.C. 3101 et seq.) or the American
Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.),
shall be considered a sustainable management practice for purposes of
any Federal standard, benefit, or requirement that requires a
demonstration of such sustainability.
SEC. 10. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION.
Subsection (e)(1) of the first section of the Act of August 9, 1955
(25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing
Act''), is amended--
(1) by striking ``, except a lease for'' and inserting ``,
including leases for'';
(2) in subparagraph (A), by striking ``25'' the first place
it appears and all that follows and inserting ``99 years;'';
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) in the case of a lease for the exploration,
development, or extraction of mineral resources, including
geothermal resources, 25 years, except that any such lease may
include an option to renew for one additional term not to
exceed 25 years.''.
SEC. 11. NONAPPLICABILITY OF CERTAIN RULES.
No rule promulgated by the Department of the Interior regarding
hydraulic fracturing used in the development or production of oil or
gas resources shall have any effect on any land held in trust or
restricted status for the benefit of Indians except with the express
consent of the beneficiary on whose behalf such land is held in trust
or restricted status. | Native American Energy Act - (Sec. 3) Amends the Energy Policy Act of 1992 to allow the Secretary of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring the Secretary's approval. Deems an appraisal that is conducted by an Indian tribe or by an appraiser under contract with an Indian tribe to be approved if the Secretary does not approve or disapprove of the appraisal within 60 days of receiving it. Gives tribes the option of waiving such appraisals if they give the Secretary an unambiguous indication of tribal intent to do so that includes an express waiver of any claims they might have against the United States that result from forgoing the appraisal. (Sec. 4) Requires each agency within the Department of the Interior involved in the review of oil and gas activities on Indian lands to use a uniform system of reference numbers and tracking systems for oil and gas wells. (Sec. 5) Amends the National Environmental Policy Act of 1969 to make the environmental impact statement for major federal action on Indian lands available for review and comment only to the affected Indian tribe and individuals residing within the affected area. (Sec. 6) Prohibits the Secretary from collecting a fee for: (1) applying for a permit to drill on Indian land, (2) oil or gas inspection activities on such lands, or (3) any oil or gas lease for nonproducing acreage on Indian land. (Sec. 7) Requires plaintiffs who obtain a preliminary injunction or administrative stay in Indian energy related actions to post bond. (Indian energy related actions are those concerned with energy activities undertaken on Indian land or by Indian tribes on other lands.) Subjects plaintiffs to liability for a defendant's harm should they not ultimately prevail on the merits of the energy related action. Prohibits plaintiffs in Indian energy related actions against the federal government from receiving certain federal payments for their fees or expenses. (Sec. 8) Amends the Tribal Forest Protection Act of 2004 to direct the Secretary to enter into agreements with Indian tribes, from FY2014-FY2018, to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands. Requires the creation of at least four new demonstration projects during each of those fiscal years. Directs the Secretary, when reviewing project applications, to consider whether a proposed demonstration project will: increase the availability or reliability of local or regional energy, enhance the tribe's economic development, improve the connection of electric power transmission facilities serving the tribe with other electric transmission facilities, improve the forest health or watersheds of federal land or Indian forest land or rangeland, or otherwise promote woody biomass use. Directs the Secretary, to the extent practicable, to incorporate management plans in effect on Indian forest land or rangeland into demonstration project agreements affecting those lands. Prohibits the agreements from having a term that exceeds 20 years, but allows them to be renewed for up to ten additional years. (Sec. 9) Considers activities conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary to be a sustainable management practice when sustainability is federally required. (Sec. 10) Amends the Long-Term Leasing Act to authorize the Navajo Nation to enter into commercial or agricultural leases of up to 99 years on their restricted lands without the Secretary's approval, provided they are executed under tribal regulations approved by the Secretary. Allows the Navajo Nation to enter into mineral resource leases on their restricted lands without the Secretary's approval if they are executed under approved tribal regulations and do not exceed 25 years, though they may include a renewal option for one additional term not exceeding 25 years. (Sec. 11) Prohibits any Department of the Interior rule regarding hydraulic fracturing, used in oil and gas development or production, from having any effect on land held in trust or restricted status for Indians, except with the express consent of its Indian beneficiaries. | 4 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Victims Insurance Relief
Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Holocaust, including the murder of 6,000,000
European Jews, the systematic destruction of families and
communities, and the wholesale theft of their assets, was one
of the most tragic crimes in modern history.
(2) When Holocaust survivors or heirs of Holocaust victims
presented claims to insurance companies after World War II,
many were rejected because the claimants did not have death
certificates or physical possession of policy documents that
had been confiscated by the Nazis.
(3) In many instances, insurance company records are the
only proof of the existence of insurance policies belonging to
Holocaust victims.
(4) Holocaust survivors and their descendants have been
fighting for decades to persuade insurance companies to settle
unpaid insurance claims.
(5) In 1998, the International Commission on Holocaust Era
Insurance Claims (in this section referred to as the
``ICHEIC'') was established by the National Association of
Insurance Commissioners in cooperation with several European
insurance companies, European regulators, representatives of
international Jewish organizations, and the State of Israel, to
expeditiously address the issue of unpaid insurance policies
issued to Holocaust victims.
(6) On July 17, 2000, the United States and Germany signed
an Executive Agreement in support of the German Foundation
``Remembrance, Responsibility, and the Future'', which
designated the ICHEIC to resolve all insurance claims that were
not paid or were nationalized during the Nazi era.
(7) The ICHEIC's deadline for receiving claims applications
is January 31, 2002.
(8) Three years into the process of addressing the issue of
unpaid insurance policies, companies continue to withhold
thousands of names on dormant accounts.
(9) As of June 15, 2001, more than 84 percent of the 72,675
claims applications filed with the ICHEIC remained idle because
the claimants could not identify the company holding the
policy.
(10) Insurance companies doing business in the United
States have a responsibility to ensure the disclosure of
insurance policies of Holocaust victims that they or their
related companies may have issued, to facilitate the rapid
resolution of questions concerning these policies, and to
eliminate the further victimization of policyholders and their
families.
(11) State legislatures in California, Florida, New York,
Minnesota, Washington, and elsewhere have been challenged in
efforts to implement laws that restrict the ability of insurers
to engage in business transactions in those States until the
insurers publish the names of Holocaust-era policyholders.
(b) Purpose.--The purpose of this Act is to provide information
about Holocaust-era insurance policies to Holocaust victims and their
heirs and beneficiaries to enable them to expeditiously file their
rightful claims under the policies.
SEC. 3. HOLOCAUST INSURANCE REGISTRY.
(a) Establishment and Maintenance.--Chapter 21 of title 44, United
States Code, is amended by adding at the end the following:
``Sec. 2119. Holocaust Insurance Registry
``(a) Establishment.--The Archivist shall establish and maintain a
collection of records that shall--
``(1) be known as the Holocaust Insurance Registry; and
``(2) consist of the information provided to the Archivist
under section 5 of the Holocaust Victims Insurance Relief Act
of 2001.
``(b) Public Accessibility.--The Archivist shall make all such
information publicly accessible and searchable by means of the Internet
and by any other means the Archivist deems appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 21 of title 44, United States Code, is amended by adding at the
end the following:
``2119. Holocaust Insurance Registry.''.
SEC. 4. FULL DISCLOSURE OF HOLOCAUST-ERA POLICIES BY INSURERS.
(a) Requirement.--An insurer shall cause to be filed with the
Secretary of Commerce in accordance with subsection (b) the following
information:
(1) The first name, last name, date of birth, and domicile
of the policyholder of each covered policy issued by the
insurer or a related company of the insurer.
(2) The name of the entity that issued the covered policy.
(3) The name of the entity that is responsible for the
liabilities of the entity that issued the covered policy.
(b) Proper Filing.--A filing under subsection (a) shall be made not
later than the earlier of 90 days after the date of the enactment of
this Act or January 31, 2002, in an electronic format approved jointly
by the Archivist of the United States and the Secretary of Commerce.
SEC. 5. PROVISION OF INFORMATION TO ARCHIVIST.
The Secretary of Commerce shall provide to the Archivist of the
United States any information filed with the Secretary under section
4(a) promptly after the filing of such information.
SEC. 6. PENALTY.
The Secretary of Commerce shall assess a civil penalty of not less
than $5,000 for each day that an insurer fails to comply with the
requirements of section 4, as determined by the Secretary.
SEC. 7. USE OF AMOUNTS RECEIVED AS CIVIL PENALTIES.
To the extent or in the amounts provided in advance in
appropriation Acts, the Archivist of the United States may use amounts
received by the Government as civil penalties under section 6 to
maintain the Holocaust Insurance Registry.
SEC. 8. NOTIFICATION.
(a) Initial Notification.--Not later than 180 days after the date
of the enactment of this Act and periodically afterward, the Secretary
of Commerce shall notify each State's commissioner of insurance of the
identity of each insurer that has failed to comply with the
requirements of section 4 or has not satisfied any civil penalty for
which the insurer is liable under section 6.
(b) Requests by States.--On request by the commissioner of
insurance of a State concerning an insurer operating in that State, the
Secretary of Commerce shall inform the commissioner of insurance
whether the insurer has failed to comply with the requirements of
section 4 or has not satisfied any civil penalty for which the insurer
is liable under section 6.
SEC. 9. STATE HOLOCAUST CLAIMS REPORTING STATUTES.
(a) Preemption.--Nothing in this Act preempts the right of any
State to adopt or enforce any State law requiring an insurer to
disclose information regarding insurance policies that may have been
confiscated or stolen from victims of Nazi persecution.
(b) Sense of Congress.--It is the sense of the Congress that if any
litigation challenging any State law described in subsection (a) is
dismissed because the State's commissioner of insurance chooses to rely
on this Act and therefore no longer seeks to enforce the State law,
each party should bear its own legal fees and costs.
SEC. 10. DEFINITIONS.
In this Act:
(1) Commissioner of insurance.--The term ``commissioner of
insurance'' means the highest ranking officer of a State
responsible for regulating insurance.
(2) Covered policy.--The term ``covered policy'' means any
life, dowry, education, or property insurance policy that was--
(A) in effect at any time after January 30, 1933,
and before December 31, 1945; and
(B) issued to a policyholder domiciled in any area
of the European Continent that was occupied or
controlled by Nazi Germany or by any ally or
sympathizer of Nazi Germany at any time during the
period described in subparagraph (A).
(3) Insurer.--The term ``insurer'' means any person engaged
in the business of insurance in United States interstate or
foreign commerce, if the person or a related company of the
person issued a covered policy, regardless of when the related
company became a related company of the insurer.
(4) Related company.--The term ``related company'' means an
affiliate, as that term is defined in section 104(g) of the
Gramm-Leach-Bliley Act. | Holocaust Victims Insurance Relief Act of 2001 - Directs the Archivist of the United States to establish and maintain a Holocaust Insurance Registry to consist of information on holders and issuers (and related liable entities) of Holocaust-era insurance policies that were: (1) in effect after January 30, 1933, and before December 31, 1945; and (2) issued to a policyholder domiciled in any area of Europe that was occupied or controlled by Nazi Germany or any ally or sympathizer during such period.Requires: (1) insurers to file such information in an electronic format with the Secretary of Commerce by a specified deadline; (2) the Secretary to assess a civil penalty for each day an insurer fails to comply; and (3) notify each State's commissioner of insurance of the identity of any insurer that has failed to file such information or to satisfy any penalty. | 5 |
SECTION 1. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS.
(a) In General.--Subpart 14 of title V of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7269 et seq.) is amended--
(1) by inserting after the subpart heading the following:
``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS'';
and
(2) by adding at the end the following:
``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS
``SEC. 5545. FINDINGS.
``Congress finds the following:
``(1) The Surgeon General of the Public Health Service has
found that although 1 in 10 children and adolescents suffer
from mental illness severe enough to cause some level of
impairment, in any given year fewer than 1 in 5 of these
children receives needed treatment. The short- and long-term
consequences of untreated childhood mental disorders are
costly, in both human and fiscal terms.
``(2) School counselors, school social workers, and school
psychologists are needed to help these children and to provide
a variety of crucial support services.
``(3) Across the United States, there are insufficient
resources for school-based counseling professionals, and often
students do not get the help they need. The current national
average ratio of students to school counselors in elementary
and secondary schools is 561 to 1.
``(4) United States schools need more mental health
professionals, and they need the flexibility to hire the
professionals that will best serve their students.
``(5) According to the Institute of Medicine of the
National Academy of Sciences, the maximum recommended ratio
of--
``(A) students to school counselors is 250 to 1;
``(B) students to school psychologists is 1,000 to
1; and
``(C) students to school social workers is 800 to
1.
``(6) In some States, 1 school counselor typically serves
over 1,000 students. Ratios for school psychologists and school
social workers are also extremely high. In some schools, no
school-based mental health and student service provider is
available to assist students in times of crisis, or at any
other time.
``(7) The number of students is expected to grow
significantly over the next few years. During this time, many
school-based mental health professionals who currently serve
the Nation's youth will retire.
``(8) Model programs using school-based mental health and
student service providers have reduced school suspensions,
reduced referrals to the principal's office, reduced the use of
weapons, force, and threats, and increased students' feelings
of safety.
``SEC. 5546. PURPOSES.
``The purposes of this chapter are to assist States and local
educational agencies in hiring additional school-based mental health
providers, including additional school counselors, school
psychologists, and school social workers to achieve each of the
following:
``(1) To reduce the ratios of school-based mental health
and student service providers to students in elementary and
secondary schools in the United States to the following minimum
ratios recommended by the Institute of Medicine of the National
Academy of Sciences in its 1997 report `Schools and Health: Our
Nation's Investment':
``(A) 1 school counselor for every 250 students;
``(B) 1 school psychologist for every 1,000
students; and
``(C) 1 school social worker for every 800
students.
``(2) To provide school-based mental health and student
services.
``(3) To remove emotional, behavioral, and psychosocial
barriers to learning so as to enhance students classroom
preparedness and ability to learn.
``(4) To support school staff and teachers in improving
classroom management, conducting behavioral interventions to
improve school discipline, and developing the awareness and
skills to identify early warning signs of violence and the need
for mental health services.
``(5) To support parental involvement in improving the
school behavior and academic success of their children.
``SEC. 5547. DEFINITIONS.
``In this chapter, the following definitions apply:
``(1) Child.--The term `child' means an individual who is
not less than 5 years old and not more than 17 years old.
``(2) Child in poverty.--The term `child in poverty' means
a child from a family with an income below the poverty line.
``(3) Mental health and student service provider.--The term
`mental health and student service provider' means a qualified
individual who provides mental health and student services,
including any individual who is a qualified school counselor, a
qualified school psychologist, or a qualified school social
worker.
``(4) Mental health and student services.--The term `mental
health and student services' includes direct, individual, and
group services provided to students, parents, and school
personnel by mental health and student service providers, and
the coordination of prevention strategies in schools or
community-based programs.
``(5) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2))
applicable to a family of the size involved.
``(6) School counselor.--The term `school counselor' means
an individual who has documented competence in counseling
children and adolescents in a school setting and who--
``(A) possesses State licensure or certification
granted by an independent professional regulatory
authority;
``(B) possesses national certification in school
counseling or a specialty of counseling granted by an
independent professional organization; or
``(C) holds a minimum of a master's degree in
school counseling from a program accredited by the
Council for Accreditation of Counseling and Related
Educational Programs or the equivalent.
``(7) School psychologist.--The term `school psychologist'
means an individual who--
``(A) possesses a minimum of 60 graduate semester
hours in school psychology from an institution of
higher education and has completed 1,200 clock hours in
a supervised school psychology internship, of which 600
hours shall be in a school setting;
``(B) possesses State licensure or certification in
school psychology in the State in which the individual
works; or
``(C) possesses national certification by the
National School Psychology Certification Board.
``(8) School social worker.--The term `school social
worker' means an individual who--
``(A) holds a master's degree in social work from a
program accredited by the Council on Social Work
Education;
``(B) is licensed or certified by the State in
which services are provided; or
``(C) possesses a national credential or national
certification as a school social work specialist
granted by an independent professional organization.
``(9) State.--The term `State' means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 5548. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDER
GRANT PROGRAM.
``(a) In General.--In accordance with this chapter, the Secretary
shall make grants to eligible States to assist local educational
agencies in those States in hiring additional school-based mental
health and student service providers.
``(b) Allocation of Funds.--From the total amount appropriated for
a fiscal year to carry out this chapter, the Secretary shall--
``(1) make available 1 percent of such amount to the
Secretary of the Interior (on behalf of the Bureau of Indian
Affairs) and the outlying areas for activities that carry out
the purposes of this chapter; and
``(2) make available in the form of grants to each eligible
State an amount equal to the sum of--
``(A) an amount that bears the same relationship to
50 percent of such total amount as the number of
children in poverty who reside in the State bears to
the number of such children in all States; and
``(B) an amount that bears the same relationship to
50 percent of such total amount as the number of
children enrolled in public and private nonprofit
elementary schools and secondary schools in the State
bears to the number of children enrolled in all such
schools in all States.
``(c) Minimum Grant.--Notwithstanding subsection (b), no grant
under this section shall be for an amount less than $1,000,000.
``(d) Reallocation.--The Secretary shall reallocate to States that
have received approval under subsection (e)(2) any funds allocated
under subsection (b) to a State that fails to submit an application
that is approved by the Secretary.
``(e) Application by State.--
``(1) In general.--To be eligible to receive a grant under
this chapter, a State shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Approval.--The Secretary may not approve an
application under this subsection unless the State submitting
the application--
``(A) presents a plan, which the Secretary
considers to be reasonable, under which the State will
make grants, in accordance with the purposes of this
chapter, to local educational agencies to fund the
hiring of additional school counselors, school
psychologists, and school social workers; and
``(B) provides an assurance that the State will
provide the matching amount required under subsection
(g).
``(f) Use of Funds by State.--
``(1) In general.--In accordance with this subsection, the
total of the amounts made available to a State under this
section and the amounts of the non-Federal match required under
subsection (g) may only be used by a State to make grants to
local educational agencies to assist such agencies in hiring
additional school-based mental health and student service
providers.
``(2) Administrative costs.--In each fiscal year, a State
may use not more than 5 percent of the assistance made
available to it under this chapter for the administrative costs
of the State in carrying out the State's responsibilities under
this chapter.
``(3) Allocation of funds.--In making grants in accordance
with this subsection, the State shall allocate from the total
described in paragraph (1) to each local educational agency an
amount equal to the sum of--
``(A) an amount that bears the same relationship to
50 percent of such total as the number of children in
poverty who reside in the school district served by the
local educational agency bears to the number of such
children who reside in all the school districts in the
State; and
``(B) an amount that bears the same relationship to
50 percent of such total as the number of children
enrolled in public and private nonprofit elementary
schools and secondary schools in the school district
served by the local educational agency bears to the
number of children enrolled in all such schools in the
State.
``(4) Minimum grant.--Notwithstanding paragraph (3), no
grant made by a State in accordance with this subsection shall
be for an amount less than $50,000.
``(5) Source of data.--For purposes of paragraph (3), the
State shall use data from the most recent fiscal year for which
satisfactory data are available, except that the State may
adjust such data, or use alternative child poverty data, if the
State demonstrates to the Secretary's satisfaction that such
adjusted or alternative data more accurately reflect the
relative incidence of children who are living in poverty and
who reside in the school districts in the State.
``(6) Application by local educational agencies.--A State
may require that, in order to be eligible for a grant made by
the State in accordance with this subsection, a local
educational agency shall submit an application to the State at
such time, in such manner, and containing such information as
the State may require.
``(g) Matching Funds.--
``(1) In general.--As a condition of receiving a grant
under this section, the Secretary shall require that a State
provide from non-Federal sources an amount equal to the amount
of the grant.
``(2) Local contribution.--In making grants to local
educational agencies in accordance with this subsection, a
State may require that a local educational agency match a
portion of the amount of the grant made to the agency.
``(3) Form.--The non-Federal share required by this
subsection may be provided in cash or in kind, fairly
evaluated, and may include facilities, equipment, or services.
``(h) Funds To Be Supplementary.--Assistance made available under
this chapter shall be used to supplement, and may not supplant,
Federal, State, or local funds used for employing school-based mental
health and student service providers.
``(i) Data Collection and Report.--
``(1) In general.--For each fiscal year for which it
receives assistance under this chapter, a State shall collect
data describing how the assistance is used.
``(2) Report.--Not later than 1 year after assistance is
made available to a State under this chapter, the State shall
transmit to the Secretary a report on the data described in
paragraph (1), including information with respect to each local
educational agency to which the State made a grant with
assistance made available under this chapter--
``(A) the number of school counselors, school
psychologists, and school social workers employed by
local educational agency; and
``(B) the ratio of students to school counselors,
the ratio of students to school psychologists, and the
ratio of students to school social workers.
``(3) Source of funds.--A State may use a portion of the
assistance permitted to be used for administrative costs to
carry out its responsibilities under this subsection.
``(4) Publication.--The Secretary shall make data received
under this subsection publicly available on an annual basis.
``SEC. 5549. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$100,000,000 for each of fiscal years 2004 through 2008.''.
(b) Clerical Amendments.--The table of contents for the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended
by amending the items relating to subpart 14 of title V to read as
follows:
``Subpart 14--Grants to Improve the Mental Health of Children
``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS
``Sec. 5541. Grants for the integration of schools and mental health
systems.
``Sec. 5542. Promotion of school readiness through early childhood
emotional and social development.
``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS
``Sec. 5545. Findings.
``Sec. 5546. Purposes.
``Sec. 5547. Definitions.
``Sec. 5548. School-based mental health and student service provider
grant program.
``Sec. 5549. Authorization of appropriations.''. | Amends the Elementary and Secondary Education Act of 1965 to establish a program to assist States and local educational agencies (LEAs) to recruit, train, and hire additional school-based mental health and student service providers, including additional school counselors, psychologists, and social workers (in order to reduce the student-to-counselor ratios nationally, in elementary and secondary schools, to an average of one school counselor for every 250 students, one psychologist for every 1,000 students, and one social worker for every 800 students, as recommended in a report by the Institute of Medicine of the National Academy of Sciences relating to schools and health).
Directs the Secretary of Education, after reserving certain funds for schools in outlying areas and schools run by the Bureau of Indian Affairs, to make program allotments to States according to a specified formula. Requires States to allocate funds from Federal and State shares of program costs to LEAs according to specified formulae. | 6 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gallatin Land Consolidation Act of
1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the land north of Yellowstone National Park possesses
outstanding natural characteristics and wildlife habitats that
make the land a valuable addition to the National Forest
System;
(2) it is in the interest of the United States to establish
a logical and effective ownership pattern for the Gallatin
National Forest, reducing long-term costs for taxpayers and
increasing and improving public access to the forest;
(3) it is in the interest of the United States for the
Secretary of Agriculture to enter into an Option Agreement for
the acquisition of land owned by Big Sky Lumber Co. to
accomplish the purposes of this Act; and
(4) other private property owners are willing to enter into
exchanges that further improve the ownership pattern of the
Gallatin National Forest.
SEC. 3. DEFINITIONS.
In this Act:
(1) BLM land.--The term ``BLM land'' means approximately
2,000 acres of Bureau of Land Management land (including all
appurtenances to the land) that is proposed to be acquired by
BSL, as depicted in Exhibit B to the Option Agreement.
(2) BSL.--The term ``BSL'' means Big Sky Lumber Co., an
Oregon joint venture, and its successors and assigns, and any
other entities having a property interest in the BSL land.
(3) BSL land.--The term ``BSL land'' means approximately
54,000 acres of land (including all appurtenances to the land
except as provided in section 4(e)(1)(D)(i)) owned by BSL that
is proposed to be acquired by the Secretary of Agriculture, as
depicted in Exhibit A to the Option Agreement.
(4) Eastside national forests.--The term ``Eastside
National Forests'' means national forests east of the
Continental Divide in the State of Montana, including the
Beaverhead National Forest, Deerlodge National Forest, Helena
National Forest, Custer National Forest, and Lewis and Clark
National Forest.
(5) National forest system land.--The term ``National
Forest System land'' means approximately 29,000 acres of land
(including all appurtenances to the land) owned by the United
States in the Gallatin National Forest, Flathead National
Forest, Deerlodge National Forest, Helena National Forest, Lolo
National Forest, and Lewis and Clark National Forest that is
proposed to be acquired by BSL, as depicted in Exhibit B to the
Option Agreement.
(6) Option agreement.--The term ``Option Agreement''
means--
(A) the document signed by BSL, dated July 29, 1998
and entitled ``Option Agreement for the Acquisition of
Big Sky Lumber Co. Lands Pursuant to the Gallatin Range
Consolidation and Protection Act of 1993'';
(B) the exhibits and maps attached to the document
described in subparagraph (A); and
(C) an exchange agreement to be entered into
between the Secretary and BSL and made part of the
document described in subparagraph (A).
(7) Secretary.--The ``Secretary'' means the Secretary of
Agriculture.
SEC. 4. GALLATIN LAND CONSOLIDATION COMPLETION.
(a) In General.--Notwithstanding any other provision of law, and
subject to the terms and conditions of the Option Agreement--
(1) if BSL offers title acceptable to the Secretary to the
BSL land--
(A) the Secretary shall accept a warranty deed to
the BSL land and a quit claim deed to agreed to mineral
interests in the BSL land;
(B) the Secretary shall convey to BSL, subject to
valid existing rights and to other terms, conditions,
reservations, and exceptions as may be agreed to by the
Secretary and BSL, fee title to the National Forest
System land; and
(C) the Secretary of the Interior shall convey to
BSL, by patent or otherwise, subject to valid existing
rights and other terms, conditions, reservations, and
exceptions as may be agreed to by the Secretary of the
Interior and BSL, fee title to the BLM land;
(2) if BSL places title in escrow acceptable to the
Secretary to 11\1/2\ sections of the BSL land in the Taylor
Fork area as set forth in the Option Agreement--
(A) the Secretary shall place Federal land in the
Bangtail and Doe Creek areas of the Gallatin National
Forest, as identified in the Option Agreement, in
escrow pending conveyance to the Secretary of the
Taylor Fork land, as identified in the Option Agreement
in escrow;
(B) the Secretary, subject to the availability of
funds, shall purchase 7\1/2\ sections of BSL land in
the Taylor Fork area held in escrow and identified in
the Option Agreement at a purchase price of $4,150,000;
and
(C) the Secretary shall acquire the 4 Taylor Fork
sections identified in the Option Agreement remaining
in escrow, and any of the 6 sections referred to in
subparagraph (B) for which funds are not available, by
providing BSL with timber sale receipts from timber
sales on the Gallatin National Forest and other
eastside national forests in the State of Montana in
accordance with subsection (c); and
(3)(A) as funds or timber sale receipts are received by
BSL--
(i) the deeds to an equivalent value of BSL Taylor
Fork land held in escrow shall be released and conveyed
to the Secretary; and
(ii) the escrow of deeds to an equivalent value of
Federal land shall be released to the Secretary in
accordance with the terms of the Option Agreement; or
(B) if funds or timber sale receipts are not provided to
BSL as provided in the Option Agreement, BSL shall be entitled
to receive patents and deeds to an equivalent value of the
Federal land held in escrow.
(b) Valuation.--
(1) In general.--The property and other assets exchanged or
conveyed by BSL and the United States under subsection (a)
shall be approximately equal in value, as determined by the
Secretary.
(2) Difference in value.--To the extent that the property
and other assets exchanged or conveyed by BSL or the United
States under subsection (a) are not approximately equal in
value, as determined by the Secretary, the values shall be
equalized in accordance with methods identified in the Option
Agreement.
(c) Timber Sale Program.--
(1) In general.--The Secretary shall implement a timber
sale program, according to the terms and conditions identified
in the Option Agreement and subject to compliance with
applicable environmental laws (including regulations), judicial
decisions, memoranda of understanding, small business set-aside
rules, and acts beyond the control of the Secretary, to
generate sufficient timber receipts to purchase the portions of
the BSL land in Taylor Fork identified in the Option Agreement.
(2) Implementation.--In implementing the timber sale
program--
(A) the Secretary shall provide BSL with a proposed
annual schedule of timber sales;
(B) as set forth in the Option Agreement, receipts
generated from the timber sale program shall be
deposited by the Secretary in a special account
established by the Secretary and paid by the Secretary
to BSL;
(C) receipts from the Gallatin National Forest
shall not be subject to the Act of May 23, 1908 (16
U.S.C. 500); and
(D) the Secretary shall fund the timber sale
program at levels determined by the Secretary to be
commensurate with the preparation and administration of
the identified timber sale program.
(d) Rights-of-Way.--As specified in the Option Agreement--
(1) the Secretary, under the authority of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.),
shall convey to BSL such easements in or other rights-of-way
over National Forest System land for access to the land
acquired by BSL under this Act for all lawful purposes; and
(2) BSL shall convey to the United States such easements in
or other rights-of-way over land owned by BSL for all lawful
purposes, as may be agreed to by the Secretary and BSL.
(e) Quality of Title.--
(1) Determination.--The Secretary shall review the title
for the BSL land described in subsection (a) and, within 45
days after receipt of all applicable title documents from BSL,
determine whether--
(A) the applicable title standards for Federal land
acquisition have been satisfied and the quality of the
title is otherwise acceptable to the Secretary of
Agriculture;
(B) all draft conveyances and closing documents
have been received and approved;
(C) a current title commitment verifying compliance
with applicable title standards has been issued to the
Secretary; and
(D) the title includes both the surface and
subsurface estates without reservation or exception
(except as specifically provided in this Act),
including--
(i) minerals, mineral rights, and mineral
interests (including severed oil and gas
surface rights), subject to and excepting other
outstanding or reserved oil and gas rights;
(ii) timber, timber rights, and timber
interests (except those reserved subject to
section 251.14 of title 36, Code of Federal
Regulations, by BSL and agreed to by the
Secretary);
(iii) water, water rights, ditch, and ditch
rights;
(iv) geothermal rights; and
(v) any other interest in the property.
(2) Conveyance of title.--
(A) In general.--If the quality of title does not
meet Federal standards or is otherwise determined to be
unacceptable to the Secretary of Agriculture, the
Secretary shall advise BSL regarding corrective actions
necessary to make an affirmative determination under
paragraph (1).
(B) Title to subsurface estate.--Title to the
subsurface estate shall be conveyed by BSL to the
Secretary in the same form and content as that estate
is received by BSL from Burlington Resources Oil & Gas
Company Inc. and Glacier Park Company.
(f) Timing of Implementation.--
(1) Land-for-land exchange.--The Secretary shall accept the
conveyance of land described in subsection (a) not later than
45 days after the Secretary has made an affirmative
determination of quality of title.
(2) Land-for-timber sale receipt exchange.--As provided in
subsection (c) and the Option Agreement, the Secretary shall
make timber receipts described in subsection (a)(3) available
not later than December 31 of the fifth full calendar year that
begins after the date of enactment of this Act.
(3) Purchase.--The Secretary shall complete the purchase of
BSL land under subsection (a)(3)(B) not later than 30 days
after the date on which appropriated funds are made available
and an affirmative determination of quality of title is made
with respect to the BSL land.
SEC. 5. OTHER FACILITATED EXCHANGES.
(a) Authorized Exchanges.--
(1) In general.--The Secretary shall enter into the
following land exchanges if the landowners are willing:
(A) Wapiti land exchange, as outlined in the
documents entitled ``Non-Federal Lands in Facilitated
Exchanges'' and ``Federal Lands in Facilitated
Exchanges'' and dated July 1998.
(B) Eightmile/West Pine land exchange as outlined
in the documents entitled ``Non-Federal Lands in
Facilitated Exchanges'' and ``Federal Lands in
Facilitated Exchanges'' and dated July 1998.
(2) Equal Value.--Before entering into an exchange under
paragraph (1), the Secretary shall determine that the parcels
of land to be exchanged are of approximately equal value, based
on an appraisal.
(b) Section 1 of the Taylor Fork Land.--
(1) In general.--The Secretary is encouraged to pursue a
land exchange with the owner of section 1 of the Taylor Fork
land after completing a full public process and an appraisal.
(2) Report.--The Secretary shall report to Congress on the
implementation of paragraph (1) not later than 180 days after
the date of enactment of this Act.
SEC. 6. GENERAL PROVISIONS.
(a) Minor Corrections.--
(1) In general.--The Option Agreement shall be subject to
such minor corrections and supplemental provisions as may be
agreed to by the Secretary and BSL.
(2) Notification.--The Secretary shall notify the Committee
on Energy and Natural Resources of the Senate, the Committee on
Resources of the House of Representatives, and each member of
the Montana congressional delegation of any changes made under
this subsection.
(3) Boundary adjustment.--
(A) In general.--The boundary of the Gallatin
National Forest is adjusted in the Wineglass and North
Bridger area, as described on maps dated July 1998,
upon completion of the conveyances.
(B) No limitation.--Nothing in this subsection
limits the authority of the Secretary to adjust the
boundary pursuant to section 11 of the Act of March 1,
1911 (commonly known as the ``Weeks Act'') (16 U.S.C.
521).
(C) Allocation of land and water conservation fund
moneys.--For the purposes of section 7 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
boundaries of the Gallatin National Forest shall be
considered to be the boundaries of the National Forest
as of January 1, 1965.
(b) Public Availability.--The Option Agreement--
(1) shall be on file and available for public inspection in
the office of the Supervisor of the Gallatin National Forest;
and
(2) shall be filed with the county clerk of each of
Gallatin County, Park County, Madison County, Granite County,
Broadwater County, Meagher County, Flathead County, and
Missoula County, Montana.
(c) Compliance With Option Agreement.--The Secretary, the Secretary
of the Interior, and BSL shall comply with the terms and conditions of
the Option Agreement except to the extent that any provision of the
Option Agreement conflicts with this Act.
(d) Status of Land.--All land conveyed to the United States under
this Act shall be added to and administered as part of the Gallatin
National Forest and Deerlodge National Forest, as appropriate, in
accordance with the Act of March 1, 1911 (5 U.S.C. 515 et seq.), and
other laws (including regulations) pertaining to the National Forest
System.
(e) Management.--
(1) Public process.--Not later than 30 days after the date
of completion of the land-for-land exchange under section
4(f)(1), the Secretary shall initiate a public process to amend
the Gallatin National Forest Plan and the Deerlodge National
Forest Plan to integrate the acquired land into the plans.
(2) Process time.--The amendment process under paragraph
(1) shall be completed as soon as practicable, and in no event
later than 540 days after the date on which the amendment
process is initiated.
(3) Limitation.--An amended management plan shall not
permit surface occupancy on the acquired land for access to
reserved or outstanding oil and gas rights or for exploration
or development of oil and gas.
(4) Interim management.--Pending completion of the forest
plan amendment process under paragraph (1), the Secretary
shall--
(A) manage the acquired land under the standards
and guidelines in the applicable land and resource
management plans for adjacent land managed by the
Forest Service; and
(B) maintain all existing public access to the
acquired land.
(f) Restoration.--
(1) In general.--The Secretary shall implement a
restoration program including reforestation and watershed
enhancements to bring the acquired land and surrounding
national forest land into compliance with Forest Service
standards and guidelines.
(2) State and local conservation corps.--In implementing
the restoration program, the Secretary shall, when practicable,
use partnerships with State and local conservation corps,
including the Montana Conservation Corps, under the Public
Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.).
(g) Implementation.--The Secretary of Agriculture shall ensure that
sufficient funds are made available to the Gallatin National Forest to
carry out this Act.
(i) Revocations.--Notwithstanding any other provision of law, any
public orders withdrawing lands identified in the Option Agreement from
all forms of appropriation under the public land laws are revoked upon
conveyance of the lands by the Secretary.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Passed the Senate October 2, 1998.
Attest:
GARY SISCO,
Secretary. | Gallatin Land Consolidation Act of 1998 - Provides for the exchange of land and other assets including certain timber harvest rights by the Secretaries of Agriculture and the Interior with the Big Sky Lumber Co. (BSL) for inclusion in the Gallatin National Forest and Deerlodge National Forest, Montana.
Directs the Secretary of Agriculture to: (1) implement a timber sale program to fund the purchase of specified (Taylor Fork) BSL land; (2) enter into specified land exchanges (Wapiti and Eightmile-West Pine); and (3) implement a restoration program for lands acquired under this Act. Encourages the Secretary to pursue a specified land exchange (section 1 of the Taylor Fork land).
Authorizes appropriations. | 7 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Debris Act Amendments of
2012''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment is expressed as an amendment to a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Marine Debris Research, Prevention, and Reduction Act
(33 U.S.C. 1951 et seq.), as in effect immediately before the enactment
of this Act.
SEC. 3. SHORT TITLE AMENDMENT.
Section 1 (33 U.S.C. 1951 note) is amended by striking ``Research,
Prevention, and Reduction''.
SEC. 4. PURPOSE.
Section 2 (33 U.S.C. 1951) is amended to read as follows:
``SEC. 2. PURPOSE.
``The purpose of this Act is to address the adverse impacts of
marine debris on the United States economy, the marine environment, and
navigation safety through identification, determination of sources,
assessment, prevention, reduction, and removal of marine debris.''.
SEC. 5. NOAA MARINE DEBRIS PROGRAM.
(a) Name of Program.--
(1) In general.--Section 3 (33 U.S.C. 1952) is amended--
(A) in the section heading by striking ``prevention
and removal''; and
(B) in subsection (a)--
(i) by striking ``Prevention and Removal
Program to reduce and prevent'' and inserting
``Program to identify, determine sources of,
assess, prevent, reduce, and remove'';
(ii) by inserting ``the economy of the
United States,'' after ``marine debris on'';
and
(iii) by inserting a comma after
``environment''.
(2) Conforming amendment.--Paragraph (7) of section 7 (33
U.S.C. 1956) is amended by striking ``Prevention and Removal''.
(b) Program Components.--Section 3(b) (33 U.S.C. 1952(b)) is
amended to read as follows:
``(b) Program Components.--The Administrator, acting through the
Program and subject to the availability of appropriations, shall--
``(1) identify, determine sources of, assess, prevent,
reduce, and remove marine debris, with a focus on marine debris
posing a threat to living marine resources and navigation
safety;
``(2) provide national and regional coordination to assist
States, Indian tribes, and regional organizations in
identification, determination of sources, assessment,
prevention, reduction, and removal of marine debris;
``(3) undertake efforts to reduce adverse impacts of lost
and discarded fishing gear on living marine resources and
navigation safety, including--
``(A) research and development of alternatives to
gear posing threats to the marine environment, and
methods for marking gear used in specific fisheries to
enhance the tracking, recovery, and identification of
lost and discarded gear; and
``(B) development of effective nonregulatory
measures and incentives to cooperatively reduce the
volume of lost and discarded fishing gear and to aid in
its recovery; and
``(4) undertake outreach and education of the public and
other stakeholders on sources of marine debris, threats
associated with marine debris, and approaches to identify,
determine sources of, assess, prevent, reduce, and remove
marine debris and its adverse impacts on the United States
economy, the marine environment, and navigational safety,
including outreach and education activities through public-
private initiatives.''.
(c) Repeal.--Section 2204 of the Marine Plastic Pollution Research
and Control Act of 1987 and the item relating to that section in the
table of contents contained in section 2 of the United States-Japan
Fishery Agreement Approval Act of 1987 (33 U.S.C. 1915) are repealed.
(d) Grant Criteria and Guidelines.--Section 3(c) (33 U.S.C.
1952(c)) is amended--
(1) in paragraph (1), by striking ``section 2(1)'' and
inserting ``section 2'';
(2) by repealing paragraph (5); and
(3) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6).
SEC. 6. REPEAL OF OBSOLETE PROVISIONS.
Section 4 (33 U.S.C. 1953) is amended--
(1) by striking ``(a) Strategy.--''; and
(2) by repealing subsections (b) and (c).
SEC. 7. AMENDMENTS TO DEFINITIONS.
(a) Interagency Marine Debris Coordinating Committee.--
(1) In general.--Except as provided in subsection (b),
section 2203 of the Marine Plastic Pollution Research and
Control Act of 1987 (33 U.S.C. 1914) is redesignated and moved
to replace and appear as section 5 of the Marine Debris
Research, Prevention, and Reduction Act (33 U.S.C. 1954).
(2) Clerical amendment.--The item relating to section 2203
in the table of contents contained in section 2 of the United
States-Japan Fishery Agreement Approval Act of 1987 is
repealed.
(b) Biennial Progress Reports.--Section 5(c)(2) (33 U.S.C.
1954(c)(2)), as in effect immediately before the enactment of this
Act--
(1) is redesignated as subsection (e) of section 5, as
redesignated and moved by the amendment made by subsection (a)
of this section; and
(2) is amended--
(A) by striking ``Annual progress reports.--'' and
all that follows through ``thereafter'' and inserting
``Biennial Progress Reports.--Bienially'';
(B) by inserting ``Natural'' before ``Resources'';
(C) by redesignating subparagraphs (A) through (E)
as paragraphs (1) through (5) of such subsection; and
(D) by moving such subsection 2 ems to the left.
SEC. 8. CONFIDENTIALITY OF SUBMITTED INFORMATION.
Section 6(2) (33 U.S.C. 1955(2)) is amended by striking ``by the
fishing industry''.
SEC. 9. MARINE DEBRIS DEFINITION.
Section 7 (33 U.S.C. 1956) is amended--
(1) by redesignating paragraph (3) as paragraph (9), and
moving such paragraph to appear after paragraph (8); and
(2) by inserting after paragraph (2) the following:
``(3) Marine debris.--The term `marine debris' means any
persistent solid material that is manufactured or processed and
directly or indirectly, and intentionally or unintentionally,
disposed of or abandoned into the marine environment or the
Great Lakes.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 9 (33 U.S.C. 1958) is amended--
(1) by striking ``are'' and inserting ``is'';
(2) by striking ``2006 through 2010'' and all that follows
through ``(1)'' and inserting ``through fiscal year 2015'';
(3) in paragraph (1), by striking ``$10,000,000'' and
inserting ``$4,900,000''; and
(4) by striking ``; and'' and all that follows through the
end of paragraph (2) and inserting a period.
Passed the House of Representatives August 1, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Marine Debris Act Reauthorization Amendments of 2012 - Reauthorizes appropriations through FY2015 for, and revises provisions of, the Marine Debris Research, Prevention, and Reduction Act.
(Sec. 3) Renames such Act as the Marine Debris Act. Replaces provisions establishing within the National Oceanic and Atmospheric Administration (NOAA) the Marine Debris Prevention and Removal Program with provisions establishing the Marine Debris Program to identify, determine sources of, assess, prevent, reduce, and remove the occurrence and adverse impacts of marine debris on the U.S. economy, the marine environment, and navigation safety.
(Sec. 5) Revises Program components, including by requiring the Administrator of NOAA to provide national and regional coordination to assist states, Indian tribes, and regional organizations in identification, determination of sources, assessment, prevention, reduction, and removal of marine debris.
Amends the Marine Plastic Pollution Research and Control Act of 1987 to repeal the plastic pollution public education program.
(Sec. 7) Replaces provisions of the Marine Debris Program concerning interagency coordination with provisions establishing the Interagency Marine Debris Coordinating Committee under the Marine Plastic Pollution Research and Control Act of 1987.
Requires such Committee to submit biennial (currently annual) progress reports.
(Sec. 8) Requires the Administrator to ensure the confidentiality of information submitted into the federal information clearinghouse on marine debris. (Currently, the Administrator is required to take steps to ensure the confidentiality of only such information that is submitted by the fishing industry.)
(Sec. 9) Defines the term "marine debris" as any persistent solid material that is manufactured or processed and disposed of or abandoned into the marine environment or the Great Lakes. | 8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Needs Assessment and Program
Evaluation Act of 2001''.
SEC. 2. FINDINGS, PURPOSES.
(a) Findings.--Congress finds that--
(1) the United States and the Indian tribes have a unique
legal and political government-to-government relationship;
(2) pursuant to the Constitution, treaties, statutes,
Executive orders, court decisions, and course of conduct, the
United States has a trust obligation to provide certain
services to Indian tribes and to Indians;
(3) Federal departments and agencies charged with
administering programs and providing services to, or for the
benefit of, Indians have not furnished Congress with adequate
information necessary to assess such programs on the needs of
Indians and Indian tribes;
(4) such lack of information has hampered the ability of
Congress to determine the nature, type, and magnitude of such
needs as well as its ability to respond to them; and
(5) Congress cannot properly fulfill its obligation to
Indian tribes and Indian people unless and until it has an
adequate store of information related to the needs of Indians
nationwide.
(b) Purposes.--The purposes of this Act are to--
(1) ensure that Indian needs for Federal programs and
services are known in a more certain and predictable fashion;
(2) require that Federal departments and agencies carefully
review and monitor the effectiveness of the programs and
services provided to Indians;
(3) provide for more efficient and effective cooperation
and coordination of, and accountability from, the Federal
departments and agencies providing programs and services,
including technical and business development assistance, to
Indians; and
(4) provide Congress with reliable information regarding
Indian needs and the evaluation of Federal programs and
services provided to Indians nationwide.
SEC. 3. INDIAN TRIBAL NEEDS ASSESSMENT.
(a) Indian Tribal Needs Assessments.--
(1) Immediate assessment.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary of the
Interior shall contract with an appropriate entity, in
consultation and coordination with the Indian tribes,
the Secretary of Agriculture, the Secretary of
Commerce, the Secretary of Defense, the Secretary of
Energy, the Secretary of Health and Human Services, the
Secretary of Housing and Urban Development, the
Secretary of Labor, the Secretary of the Treasury, the
Secretary of Transportation, the Secretary of Veterans
Affairs, the Attorney General, the Administrator of the
Environmental Protection Agency, and the heads of any
other relevant Federal departments or agencies, for the
development of a uniform method and criteria, and
uniform procedures for determining, analyzing, and
compiling the program and service assistance needs of
Indian tribes and Indians by each such department or
agency. The needs assessment shall address, but not be
limited to, the following:
(i) The location of the service area of
each program.
(ii) The size of the service area of each
program.
(iii) The total population of each tribe
located in the service area.
(iv) The total population of members of
other tribes located in the service area.
(v) The availability of similar programs
within the geographical area to tribes or
tribal members.
(vi) The socio-economic conditions that
exist within the service area.
(B) Consultation.--The contractor shall consult
with tribal governments in establishing and conducting
the needs assessment required under subparagraph (A).
(2) Ongoing federal needs assessments.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, and every 5 years
thereafter, each Federal department or agency, in
coordination with the Secretary of the Interior, shall
conduct an Indian Needs Assessment (in this Act
referred to as the ``INA'') aimed at determining the
actual needs of Indian tribes and Indians eligible for
programs and services administered by such department
or agency.
(B) Submission to congress.--Not later than
February 1 of any year in which an INA is required to
be conducted under subparagraph (A), a copy of the INA
shall be submitted to the Committee on Appropriations
and the Committee on Resources of the House of
Representatives and the Committee on Appropriations and
the Committee on Indian Affairs of the Senate.
(b) Federal Agency Indian Tribal Program Evaluation.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
develop a uniform method and criteria, and uniform procedures
for compiling, maintaining, keeping current, and reporting to
Congress all information concerning--
(A) the annual expenditures of the department or
agency for programs and services for which Indians are
eligible, with specific information regarding the names
of tribes who are currently participating in or
receiving each service, the names of tribes who have
applied for and not received programs or services, and
the names of tribes whose services or programs have
been terminated within the last fiscal year;
(B) services or programs specifically for the
benefit of Indians, with specific information regarding
the names of tribes who are currently participating in
or receiving each service, the names of tribes who have
applied for and not received programs or services, and
the names of tribes whose services or programs have
been terminated within the last fiscal year; and
(C) the department or agency method of delivery of
such services and funding, including a detailed
explanation of the outreach efforts of each agency or
department to Indian tribes.
(2) Submission to Congress.--Not later than 2 years after
the date of enactment of this Act, and annually thereafter,
each Federal department or agency responsible for providing
services or programs to, or for the benefit of, Indian tribes
or Indians shall file an Annual Indian Program Evaluation (in
this Act referred to as the ``AIPE'') with the Committee on
Appropriations and the Committee on Resources of the House of
Representatives and the Committee on Appropriations and the
Committee on Indian Affairs of the Senate.
(c) Annual Listing of Tribal Eligible Programs.--Not later than
February 1 of each calendar year, each Federal department or agency
described in subsection (b)(2), shall develop and publish in the
Federal Register a list of all programs and services offered by such
department or agency for which Indian tribes or their members are or
may be eligible, and shall provide a brief explanation of the program
or service.
(d) Confidentiality.--Any information received, collected, or
gathered from Indian tribes concerning program function, operations, or
need in order to conduct an INA or an AIPE shall be used only for the
purposes of this Act set forth in section 2(b).
SEC. 4. REPORT TO CONGRESS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of the Interior shall develop and submit to
the Committee on Appropriations and the Committee on Resources of the
House of Representatives and the Committee on Appropriations and the
Committee on Indian Affairs of the Senate a report detailing the
coordination of Federal program and service assistance for which Indian
tribes and their members are eligible.
(b) Strategic Plan.--Not later than 30 months after the date of
enactment of this Act, the Secretary of the Interior, in consultation
and coordination with the Indian tribes, shall file a Strategic Plan
for the Coordination of Federal Assistance for Indians (in this Act
referred to as the ``Strategic Plan'').
(c) Contents of Strategic Plan.--The Strategic Plan required under
subsection (b) shall contain the following:
(1) Identification of reforms necessary to the laws,
regulations, policies, procedures, practices, and systems of
the Federal departments or agencies involved.
(2) Proposals for implementing the reforms identified in
the Strategic Plan.
(3) Any other recommendations that are consistent with the
purposes of this Act set forth in section 2(b).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2002 and
each fiscal year thereafter, such sums as are necessary to carry out
this Act. | Indian Needs Assessment and Program Evaluation Act of 2001 - Directs the Secretary of the Interior to contract with an appropriate entity to develop a uniform method, criteria, and procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians nationwide.Requires Federal departments and agencies to conduct Indian Needs Assessments aimed at determining the actual needs of tribes and Indians eligible for programs and services administered by such departments and agencies.Directs the Secretary to develop a uniform method, criteria, and procedures for compiling, maintaining, keeping current, and reporting to Congress all information concerning: (1) Federal annual expenditures for programs and services for which Indians are eligible; (2) services or programs specifically for the benefit of Indians; and (3) Federal methods of delivery of services and funding.Requires Federal departments and agencies responsible for providing services or programs to or for the benefit of tribes or Indians to: (1) file Annual Indian Program Evaluations with specified congressional committees; and (2) publish annual listings in the Federal Register of all agency programs and services for which Indian tribes may be eligible.Directs the Secretary to file a Strategic Plan for the Coordination of Federal Assistance for Indians. | 9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kidney Disease Educational Benefits
Act of 2002''.
SEC. 2. MEDICARE COVERAGE OF KIDNEY DISEASE EDUCATION SERVICES.
(a) Coverage of Kidney Disease Education Services.--
(1) In general.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x), as amended by section 105 of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of
2000 (114 Stat. 2763A-471), as enacted into law by section
1(a)(6) of Public Law 106-554, is amended--
(A) in subsection (s)(2)--
(i) in subparagraph (U), by striking
``and'' at the end;
(ii) in subparagraph (V)(iii), by adding
``and'' at the end; and
(iii) by adding at the end the following
new subparagraph:
``(W) kidney disease education services (as defined in
subsection (ww));''; and
(B) by adding at the end the following new
subsection:
``Kidney Disease Education Services
``(ww)(1) The term `kidney disease education services' means
educational services that are--
``(A) furnished to an individual with kidney disease who,
according to accepted clinical guidelines identified by the
Secretary, will require dialysis or a kidney transplant;
``(B) furnished, upon the referral of the physician
managing the individual's kidney condition, by a qualified
person (as defined in paragraph (2)); and
``(C) designed--
``(i) to provide comprehensive information
regarding--
``(I) the management of comorbidities;
``(II) the prevention of uremic
complications; and
``(III) each option for renal replacement
therapy (including peritoneal dialysis,
hemodialysis in a center or at home (including
vascular access options), and transplantation);
and
``(ii) to ensure that the individual has the
opportunity to actively participate in the choice of
therapy.
``(2) The term `qualified person' means--
``(A) a physician (as described in subsection (r)(1));
``(B) an individual who--
``(i) is--
``(I) a registered nurse;
``(II) a registered dietitian or nutrition
professional (as defined in subsection
(vv)(2));
``(III) a clinical social worker (as
defined in subsection (hh)(1)); or
``(IV) a physician assistant, nurse
practitioner, or clinical nurse specialist (as
those terms are defined in section
1861(aa)(5)); and
``(ii) meets such requirements related to
experience and other qualifications that the Secretary
finds necessary and appropriate for furnishing the
services described in paragraph (1); or
``(C) a renal dialysis facility subject to the requirements
of section 1881(b)(1) with personnel who--
``(i) provide the services described in paragraph
(1); and
``(ii) meet the requirements of subparagraph (A) or
(B).
``(3) The Secretary shall develop the requirements under paragraph
(2)(B)(ii) after consulting with physicians, health educators,
professional organizations, accrediting organizations, kidney patient
organizations, dialysis facilities, transplant centers, network
organizations described in section 1881(c)(2), and other knowledgeable
persons.
``(4) In promulgating regulations to carry out this subsection, the
Secretary shall ensure that such regulations ensure that each
beneficiary who is entitled to kidney disease education services under
this title receives such services in a timely manner that ensures that
the beneficiary receives the maximum benefit of those services.
``(5) The Secretary shall monitor the implementation of this
subsection to ensure that beneficiaries who are eligible for kidney
disease education services receive such services in the manner
described in paragraph (4).
``(6) Not later than April 1, 2003, and annually thereafter, the
Secretary shall submit to Congress a report on the number of medicare
beneficiaries who are entitled to kidney disease education services (as
defined in paragraph (1)) and who receive such services, together with
such recommendations for legislative and administrative action as the
Secretary determines to be appropriate to fulfill the legislative
intent that resulted in the enactment of this subsection.''.
(2) Payment under physician fee schedule.--Section
1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3))
is amended by inserting ``, (2)(W)'', after ``(2)(S)''.
(3) Payment to renal dialysis facilities.--Section 1881(b)
of the Social Security Act (42 U.S.C. 1395rr(b)) is amended by
adding at the end the following new paragraph:
``(12) For purposes of paragraph (7), the single composite
weighted formulas determined under such paragraph shall not
take into account the amount of payment for kidney disease
education services (as defined in section 1861(ww)). Instead,
payment for such services shall be made to the renal dialysis
facility on an assignment-related basis under section 1848.''.
(b) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date that is 6 months after
the date of enactment of this Act. | Kidney Disease Educational Benefits Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide coverage for kidney disease education services furnished, upon the managing physician's referral, to an individual with kidney disease who will require dialysis or a kidney transplant. Requires such services to: (1) impart comprehensive information regarding management, prevention, and options regarding treatment of kidney disease; and (2) ensure that such individuals have the opportunity to participate actively in the choice of therapy. | 10 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety and Protection
Investment Act of 2003''.
SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF SECURITY
DEVICES.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179A the following new section:
``SEC. 179B. SECURITY DEVICE PURCHASES.
``(a) Allowance of Deduction.--A taxpayer may elect to treat the
cost of any qualifying security device as an expense which is not
chargeable to capital account. Any cost so treated shall be allowed as
a deduction for the taxable year in which such device is placed in
service.
``(b) Definitions.--For purposes of this section--
``(1) Qualifying security device.--The term `qualifying
security device' means a security device (to which section 168
applies) which is acquired by purchase (as defined in section
179(d)(2)) and which is installed or placed in service in a
building which is owned or occupied by the taxpayer and which
is located in the United States.
``(2) Security device.--The term `security device' means
any of the following:
``(A) An electronic access control device or
system.
``(B) Biometric identification or verification
device or system.
``(C) Closed-circuit television or other
surveillance and security cameras and equipment.
``(D) Locks for doors and windows, including
tumbler, key, and numerical or other coded devices.
``(E) Computers and software used to combat
cyberterrorism.
``(F) Electronic alarm systems to provide detection
notification and off-premises transmission of an
unauthorized entry, attack, or fire.
``(G) An electronic device capable of tracking or
verifying the presence of assets.
``(H) High efficiency air filtering systems.
``(I) Mechanical and non-mechanical vehicle
arresting barricades.
``(J) Metal detectors.
``(K) Signal repeating devices for emergency
response personnel wireless communication systems.
``(L) Components, wiring, system displays,
terminals, auxiliary power supplies, computer systems,
software, networking infrastructure and other equipment
necessary or incidental to the operation of any item
described in any of the preceding subparagraphs.
``(3) Building.--The term `building' includes any structure
or part of a structure used for commercial, retail, or business
purposes.
``(c) Special Rules.--
``(1) Basis reduction.--For purposes of this subtitle, if a
deduction is allowed under this section with respect to the
purchase of a qualifying security device, the basis of such
device shall be reduced by the amount of the deduction so
allowed.
``(2) Certain rules to apply.--Rules similar to the rules
of section 179(b)(3), section 179(c), and paragraphs (3), (4),
(8), and (10) of section 179(d), shall apply for purposes of
this section.''.
(b) Conforming and Clerical Amendments.--
(1) Section 263(a)(1) of such Code is amended by striking
``or'' at the end of subparagraph (G), by striking the period
at the end of subparagraph (H) and inserting ``, or'', and by
inserting after subparagraph (H) the following new
subparagraph:
``(I) expenditures for which a deduction is allowed
under section 179B.''.
(2) Section 312(k)(3)(B) of such Code is amended by
striking ``or 179A'' each place it appears in the heading and
text and inserting ``, 179A, or 179B''.
(3) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (27), by striking the period at
the end of paragraph (28) and inserting ``, and'', and by
inserting after paragraph (28) the following new paragraph:
``(29) to the extent provided in section 179B(d)(1),''.
(4) Section 1245(a) of such Code is amended by inserting
``179B,'' after ``179A,'' both places it appears in paragraphs
(2)(C) and (3)(C).
(5) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 179A the following new item:
``Sec. 179B. Security device
purchases.''.
(c) Effective Date.--The amendments made by this Act shall apply to
taxable years ending after the date of the enactment of this Act. | Public Safety and Protection Investment Act of 2003 - Amends the Internal Revenue Code to allow businesses to expense the costs of purchasing and installing qualifying security devices. | 11 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Center for Social Work
Research Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Social workers focus on the improvement of individual
and family functioning and the creation of effective health and
mental health prevention and treatment interventions in order
for individuals to become more productive members of society.
(2) Social workers provide front line prevention and
treatment services in the areas of school violence, aging, teen
pregnancy, child abuse, domestic violence, juvenile crime, and
substance abuse, particularly in rural and underserved
communities.
(3) Social workers are in a unique position to provide
valuable research information on these complex social concerns,
taking into account a wide range of social, medical, economic
and community influences from an interdisciplinary, family-
centered and community-based approach.
SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH.
Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.),
as amended by title I of Public Law 106-525, is amended--
(1) in section 401(b)(2) (42 U.S.C. 281(b)(2)), by adding
at the end the following:
``(H) The National Center for Social Work Research.''; and
(2) in part E (42 U.S.C. 287 et seq.), by adding at the end
the following:
``Subpart 7--National Center for Social Work Research
``SEC. 485J. PURPOSE OF CENTER.
``The general purpose of the National Center for Social Work
Research (referred to in this subpart as the `Center') is the conduct
and support of, and dissemination of targeted research on social work
methods and outcomes related to problems of significant social concern.
The Center shall promote research and training designed to inform
social work practice, thus increasing the knowledge base which promotes
a healthier America. In addition, the Center shall provide policymakers
with empirically-based research information to better understand
complex social issues and make informed funding decisions about service
effectiveness and cost efficiency.
``SEC. 485K. SPECIFIC AUTHORITIES.
``(a) In General.--To carry out the purpose described in section
485J, the Director of the Center may provide research training and
instruction and establish, in the Center and in other nonprofit
institutions, research traineeships and fellowships in the study and
investigation of the prevention of disease, health promotion, the
association of socioeconomic status, gender, ethnicity, age, and
geographical location and health, the social work care of persons with
and families of individuals with acute and chronic illnesses, child
abuse, neglect, and youth violence, and child and family care to
address problems of significant social concern especially in
underserved populations and underserved geographical areas.
``(b) Stipends and Allowances.--The Director of the Center may
provide individuals receiving training and instruction or traineeships
or fellowships under subsection (a) with such stipends and allowances
(including amounts for travel and subsistence and dependency
allowances) as the Director determines necessary.
``(c) Grants.--The Director of the Center may make grants to
nonprofit institutions to provide training and instruction and
traineeships and fellowships under subsection (a).
``SEC. 485L. ADVISORY COUNCIL.
``(a) Duties.--
``(1) In general.--The Secretary shall establish an
advisory council for the Center that shall advise, assist,
consult with, and make recommendations to the Secretary and the
Director of the Center on matters related to the activities
carried out by and through the Center and the policies with respect to
such activities.
``(2) Gifts.--The advisory council for the Center may
recommend to the Secretary the acceptance, in accordance with
section 231, of conditional gifts for study, investigations,
and research and for the acquisition of grounds or
construction, equipment, or maintenance of facilities for the
Center.
``(3) Other duties and functions.--The advisory council for
the Center--
``(A)(i) may make recommendations to the Director
of the Center with respect to research to be conducted
by the Center;
``(ii) may review applications for grants and
cooperative agreements for research or training and
recommend for approval applications for projects that
demonstrate the probability of making valuable
contributions to human knowledge; and
``(iii) may review any grant, contract, or
cooperative agreement proposed to be made or entered
into by the Center;
``(B) may collect, by correspondence or by personal
investigation, information relating to studies that are
being carried out in the United States or any other
country and, with the approval of the Director of the
Center, make such information available through
appropriate publications; and
``(C) may appoint subcommittees and convene
workshops and conferences.
``(b) Membership.--
``(1) In general.--The advisory council shall be composed
of the ex officio members described in paragraph (2) and not
more than 18 individuals to be appointed by the Secretary under
paragraph (3).
``(2) Ex officio members.--The ex officio members of the
advisory council shall include--
``(A) the Secretary of Health and Human Services,
the Director of NIH, the Director of the Center, the
Chief Social Work Officer of the Veterans'
Administration, the Assistant Secretary of Defense for
Health Affairs, the Associate Director of Prevention
Research at the National Institute of Mental Health,
the Director of the Division of Epidemiology and
Services Research, the Assistant Secretary of Health
and Human Services for the Administration for Children
and Families, the Assistant Secretary of Education for
the Office of Educational Research and Improvement, the
Assistant Secretary of Housing and Urban Development
for Community Planning and Development, and the
Assistant Attorney General for Office of Justice
Programs (or the designees of such officers); and
``(B) such additional officers or employees of the
United States as the Secretary determines necessary for
the advisory council to effectively carry out its
functions.
``(3) Appointed members.--The Secretary shall appoint not
to exceed 18 individuals to the advisory council, of which--
``(A) not more than two-thirds of such individual
shall be appointed from among the leading
representatives of the health and scientific
disciplines (including public health and the behavioral
or social sciences) relevant to the activities of the
Center, and at least 7 such individuals shall be
professional social workers who are recognized experts
in the area of clinical practice, education, policy, or
research; and
``(B) not more than one-third of such individuals
shall be appointed from the general public and shall
include leaders in fields of public policy, law, health
policy, economics, and management.
The Secretary shall make appointments to the advisory council
in such a manner as to ensure that the terms of the members do
not all expire in the same year.
``(4) Compensation.--Members of the advisory council who
are officers or employees of the United States shall not
receive any compensation for service on the advisory council.
The remaining members shall receive, for each day (including
travel time) they are engaged in the performance of the
functions of the advisory council, compensation at rates not to
exceed the daily equivalent of the annual rate in effect for an
individual at grade GS-18 of the General Schedule.
``(c) Terms.--
``(1) In general.--The term of office of an individual
appointed to the advisory council under subsection (b)(3) shall
be 4 years, except that any individual appointed to fill a
vacancy on the advisory council shall serve for the remainder
of the unexpired term. A member may serve after the
expiration of the member's term until a successor has been appointed.
``(2) Reappointments.--A member of the advisory council who
has been appointed under subsection (b)(3) for a term of 4
years may not be reappointed to the advisory council prior to
the expiration of the 2-year period beginning on the date on
which the prior term expired.
``(3) Vacancy.--If a vacancy occurs on the advisory council
among the members under subsection (b)(3), the Secretary shall
make an appointment to fill that vacancy not later than 90 days
after the date on which the vacancy occurs.
``(d) Chairperson.--The chairperson of the advisory council shall
be selected by the Secretary from among the members appointed under
subsection (b)(3), except that the Secretary may select the Director of
the Center to be the chairperson of the advisory council. The term of
office of the chairperson shall be 2 years.
``(e) Meetings.--The advisory council shall meet at the call of the
chairperson or upon the request of the Director of the Center, but not
less than 3 times each fiscal year. The location of the meetings of the
advisory council shall be subject to the approval of the Director of
the Center.
``(f) Administrative Provisions.--The Director of the Center shall
designate a member of the staff of the Center to serve as the executive
secretary of the advisory council. The Director of the Center shall
make available to the advisory council such staff, information, and
other assistance as the council may require to carry out its functions.
The Director of the Center shall provide orientation and training for
new members of the advisory council to provide such members with such
information and training as may be appropriate for their effective
participation in the functions of the advisory council.
``(g) Comments and Recommendations.--The advisory council may
prepare, for inclusion in the biennial report under section 485M--
``(1) comments with respect to the activities of the
advisory council in the fiscal years for which the report is
prepared;
``(2) comments on the progress of the Center in meeting its
objectives; and
``(3) recommendations with respect to the future direction
and program and policy emphasis of the center.
The advisory council may prepare such additional reports as it may
determine appropriate.
``SEC. 485M. BIENNIAL REPORT.
``The Director of the Center, after consultation with the advisory
council for the Center, shall prepare for inclusion in the biennial
report under section 403, a biennial report that shall consist of a
description of the activities of the Center and program policies of the
Director of the Center in the fiscal years for which the report is
prepared. The Director of the Center may prepare such additional
reports as the Director determines appropriate. The Director of the
Center shall provide the advisory council of the Center an opportunity
for the submission of the written comments described in section
485L(g).
``SEC. 485N. QUARTERLY REPORT.
``The Director of the Center shall prepare a quarterly report to
Congress with a summary of findings and policy implications from
research conducted or supported through the Center.
``SEC. 485O. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subpart, there is authorized
to be appropriated $30,000,000 for each of the fiscal years 2002
through 2006.''. | National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research (and a related advisory council) to conduct, support, and disseminate targeted research on social work methods and outcomes related to problems of significant social concern.Sets forth reporting requirements. | 12 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Agency Protection of Privacy
Act''.
SEC. 2. REQUIREMENT THAT AGENCY RULEMAKING TAKE INTO CONSIDERATION
IMPACTS ON INDIVIDUAL PRIVACY.
(a) In General.--Title 5, United States Code, is amended by adding
after section 553 the following new section:
``Sec. 553a. Privacy impact analysis in rulemaking
``(a) Initial Privacy Impact Analysis.--
``(1) In general.--Whenever an agency is required by
section 553 of this title, or any other law, to publish a
general notice of proposed rulemaking for any proposed rule, or
publishes a notice of proposed rulemaking for an interpretative
rule involving the internal revenue laws of the United States,
the agency shall prepare and make available for public comment
an initial privacy impact analysis. Such analysis shall
describe the impact of the proposed rule on the privacy of
individuals. The initial privacy impact analysis or a summary
shall be signed by the senior agency official with primary
responsibility for privacy policy and be published in the
Federal Register at the time of the publication of a general
notice of proposed rulemaking for the rule.
``(2) Contents.--Each initial privacy impact analysis
required under this subsection shall contain the following:
``(A) A description and assessment of the extent to
which the proposed rule will impact the privacy
interests of individuals, including the extent to which
the proposed rule--
``(i) provides notice of the collection of
personally identifiable information, and
specifies what personally identifiable
information is to be collected and how it is to
be collected, maintained, used, and disclosed;
``(ii) allows access to such information by
the person to whom the personally identifiable
information pertains and provides an
opportunity to correct inaccuracies;
``(iii) prevents such information, which is
collected for one purpose, from being used for
another purpose; and
``(iv) provides security for such
information.
``(B) A description of any significant alternatives
to the proposed rule which accomplish the stated
objectives of applicable statutes and which minimize
any significant privacy impact of the proposed rule on
individuals.
``(b) Final Privacy Impact Analysis.--
``(1) In general.--Whenever an agency promulgates a final
rule under section 553 of this title, after being required by
that section or any other law to publish a general notice of
proposed rulemaking, or promulgates a final interpretative rule
involving the internal revenue laws of the United States, the
agency shall prepare a final privacy impact analysis, signed by
the senior agency official with primary responsibility for
privacy policy.
``(2) Contents.--Each final privacy impact analysis
required under this subsection shall contain the following:
``(A) A description and assessment of the extent to
which the final rule will impact the privacy interests
of individuals, including the extent to which the
proposed rule--
``(i) provides notice of the collection of
personally identifiable information, and
specifies what personally identifiable
information is to be collected and how it is to
be collected, maintained, used, and disclosed;
``(ii) allows access to such information by
the person to whom the personally identifiable
information pertains and provides an
opportunity to correct inaccuracies;
``(iii) prevents such information, which is
collected for one purpose, from being used for
another purpose; and
``(iv) provides security for such
information.
``(B) A summary of the significant issues raised by
the public comments in response to the initial privacy
impact analysis, a summary of the assessment of the
agency of such issues, and a statement of any changes
made in the proposed rule as a result of such issues.
``(C) A description of the steps the agency has
taken to minimize the significant privacy impact on
individuals consistent with the stated objectives of
applicable statutes, including a statement of the
factual, policy, and legal reasons for selecting the
alternative adopted in the final rule and why each one
of the other significant alternatives to the rule
considered by the agency which affect the privacy
interests of individuals was rejected.
``(3) Availability to public.--The agency shall make copies
of the final privacy impact analysis available to members of
the public and shall publish in the Federal Register such
analysis or a summary thereof.
``(c) Procedure for Waiver or Delay of Completion.--An agency head
may waive or delay the completion of some or all of the requirements of
subsections (a) and (b) to the same extent as the agency head may,
under section 608, waive or delay the completion of some or all of the
requirements of sections 603 and 604, respectively.
``(d) Procedures for Gathering Comments.--When any rule is
promulgated which may have a significant privacy impact on individuals,
or a privacy impact on a substantial number of individuals, the head of
the agency promulgating the rule or the official of the agency with
statutory responsibility for the promulgation of the rule shall assure
that individuals have been given an opportunity to participate in the
rulemaking for the rule through techniques such as--
``(1) the inclusion in an advance notice of proposed
rulemaking, if issued, of a statement that the proposed rule
may have a significant privacy impact on individuals, or a
privacy impact on a substantial number of individuals;
``(2) the publication of a general notice of proposed
rulemaking in publications of national circulation likely to be
obtained by individuals;
``(3) the direct notification of interested individuals;
``(4) the conduct of open conferences or public hearings
concerning the rule for individuals, including soliciting and
receiving comments over computer networks; and
``(5) the adoption or modification of agency procedural
rules to reduce the cost or complexity of participation in the
rulemaking by individuals.
``(e) Periodic Review of Rules.--
``(1) In general.--Each agency shall carry out a periodic
review of the rules promulgated by the agency that have a
significant privacy impact on individuals, or a privacy impact
on a substantial number of individuals. Under such periodic
review, the agency shall determine, for each such rule, whether
the rule can be amended or rescinded in a manner that minimizes
any such impact while remaining in accordance with applicable
statutes. For each such determination, the agency shall
consider the following factors:
``(A) The continued need for the rule.
``(B) The nature of complaints or comments received
from the public concerning the rule.
``(C) The complexity of the rule.
``(D) The extent to which the rule overlaps,
duplicates, or conflicts with other Federal rules, and,
to the extent feasible, with State and local
governmental rules.
``(E) The length of time since the rule was last
reviewed under this subsection.
``(F) The degree to which technology, economic
conditions, or other factors have changed in the area
affected by the rule since the rule was last reviewed
under this subsection.
``(2) Plan required.--Each agency shall carry out the
periodic review required by paragraph (1) in accordance with a
plan published by such agency in the Federal Register. Each
such plan shall provide for the review under this subsection of
each rule promulgated by the agency not later than 10 years
after the date on which such rule was published as the final
rule and, thereafter, not later than 10 years after the date on
which such rule was last reviewed under this subsection. The
agency may amend such plan at any time by publishing the
revision in the Federal Register.
``(3) Annual publication.--Each year, each agency shall
publish in the Federal Register a list of the rules to be
reviewed by such agency under this subsection during the
following year. The list shall include a brief description of
each such rule and the need for and legal basis of such rule
and shall invite public comment upon the determination to be
made under this subsection with respect to such rule.
``(f) Judicial Review.--
``(1) In general.--For any rule subject to this section, an
individual who is adversely affected or aggrieved by final
agency action is entitled to judicial review of agency
compliance with the requirements of subsections (b) and (c) in
accordance with chapter 7. Agency compliance with subsection
(d) shall be judicially reviewable in connection with judicial
review of subsection (b).
``(2) Jurisdiction.--Each court having jurisdiction to
review such rule for compliance with section 553, or under any
other provision of law, shall have jurisdiction to review any
claims of noncompliance with subsections (b) and (c) in
accordance with chapter 7. Agency compliance with subsection
(d) shall be judicially reviewable in connection with judicial
review of subsection (b).
``(3) Limitations.--
``(A) An individual may seek such review during the
period beginning on the date of final agency action and
ending 1 year later, except that where a provision of
law requires that an action challenging a final agency
action be commenced before the expiration of 1 year,
such lesser period shall apply to an action for
judicial review under this subsection.
``(B) In the case where an agency delays the
issuance of a final privacy impact analysis pursuant to
subsection (c), an action for judicial review under
this section shall be filed not later than--
``(i) 1 year after the date the analysis is
made available to the public; or
``(ii) where a provision of law requires
that an action challenging a final agency
regulation be commenced before the expiration
of the 1-year period, the number of days
specified in such provision of law that is
after the date the analysis is made available to the public.
``(4) Relief.--In granting any relief in an action under
this subsection, the court shall order the agency to take
corrective action consistent with this section and chapter 7,
including, but not limited to--
``(A) remanding the rule to the agency; and
``(B) deferring the enforcement of the rule against
individuals, unless the court finds that continued
enforcement of the rule is in the public interest.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of any court to stay
the effective date of any rule or provision thereof under any
other provision of law or to grant any other relief in addition
to the requirements of this subsection.
``(6) Record of agency action.--In an action for the
judicial review of a rule, the privacy impact analysis for such
rule, including an analysis prepared or corrected pursuant to
paragraph (4), shall constitute part of the entire record of
agency action in connection with such review.
``(7) Exclusivity.--Compliance or noncompliance by an
agency with the provisions of this section shall be subject to
judicial review only in accordance with this subsection.
``(8) Savings clause.--Nothing in this subsection bars
judicial review of any other impact statement or similar
analysis required by any other law if judicial review of such
statement or analysis is otherwise permitted by law.
``(g) Definition.--For purposes of this section, the term
`personally identifiable information' means information that can be
used to identify an individual, including such individual's name,
address, telephone number, photograph, social security number or other
identifying information. It includes information about such
individual's medical or financial condition.''.
(b) Periodic Review Transition Provisions.--
(1) Initial plan.--For each agency, the plan required by
subsection (e) of section 553a of title 5, United States Code
(as added by subsection (a)), shall be published not later than
180 days after the date of the enactment of this Act.
(2) In the case of a rule promulgated by an agency before
the date of the enactment of this Act, such plan shall provide
for the periodic review of such rule before the expiration of
the 10-year period beginning on the date of the enactment of
this Act. For any such rule, the head of the agency may provide
for a 1-year extension of such period if the head of the
agency, before the expiration of the period, certifies in a
statement published in the Federal Register that reviewing such
rule before the expiration of the period is not feasible. The
head of the agency may provide for additional 1-year extensions
of the period pursuant to the preceding sentence, but in no
event may the period exceed 15 years.
(c) Congressional Review.--Section 801(a)(1)(B) of title 5, United
States Code, is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively; and
(2) by inserting after clause (ii) the following new
clause:
``(iii) the agency's actions relevant to section 553a;''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of title 5, United States Code, is amended by adding after
the item relating to section 553 the following new item:
``553a. Privacy impact analysis in rulemaking.''.
Passed the House of Representatives October 7, 2002.
Attest:
Clerk. | Federal Agency Protection of Privacy Act - Requires Federal agencies: (1) when publishing a general notice of proposed rulemaking for any proposed rule or for an interpretative rule involving the internal revenue laws, to prepare, make available for public comment, and publish an initial analysis describing the rule's impact on the privacy of individuals; and (2) when promulgating the final rule, to prepare, make publicly available, and publish a final privacy impact analysis that includes a summary of the significant issues raised by and changes made pursuant to public comments on the initial analysis. Allows an agency head to waive or delay the completion of some or all of such requirements to the same extent such agency head may waive or delay completion of requirements for initial and final regulatory flexibility analyses.Requires the head of an agency promulgating a rule that may have a significant privacy impact on individuals or on a substantial number of individuals to use specified techniques to assure that individuals have been given an opportunity to participate in the rulemaking.Requires each agency to: (1) carry out a periodic review of promulgated rules that have such impact to determine whether each such rule can be amended or rescinded in a manner that minimizes such impact while remaining in accordance with applicable statutes; (2) carry out such review in accordance with a plan that provides for the review of each rule every ten years after the rule was published as a final rule; and (3) publish annually a list of the rules to be reviewed.Sets forth provisions governing judicial review of agency compliance with this Act.Requires submission of an agency's actions under this Act for congressional review. | 13 |
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