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900 | SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``District of
Columbia Legislative Autonomy Act of 2002''.
(b) References in Act.--Except as may otherwise be provided,
whenever in this Act an amendment is expressed in terms of an amendment
to or repeal of a section or other provision, the reference shall be
considered to be made to that section or other provision of the
District of Columbia Home Rule Act.
SEC. 2. ELIMINATION OF CONGRESSIONAL REVIEW OF NEWLY-PASSED DISTRICT
LAWS.
(a) In General.--Section 602 (sec. 1-206.02, D.C. Official Code) is
amended by striking subsection (c).
(b) Congressional Resolutions of Disapproval.--
(1) In general.--The District of Columbia Home Rule Act is
amended by striking section 604 (sec. 1-206.04, D.C. Official
Code).
(2) Clerical amendment.--The table of contents is amended
by striking the item relating to section 604.
(3) Exercise of rulemaking power.--This subsection and the
amendments made by this subsection are enacted by Congress--
(A) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such they shall be considered as a part of the
rules of each House, respectively, or of that House to
which they specifically apply, and such rules shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(B) with full recognition of the constitutional
right of either House to change such rules (so far as
relating to such House) at any time, in the same
manner, and to the same extent as in the case of any
other rule of such House.
SEC. 3. CONFORMING AMENDMENTS.
(a) District of Columbia Home Rule Act.--(1) Section 303 (sec. 1-
203.03, D.C. Official Code) is amended--
(A) in subsection (a), by striking the second sentence; and
(B) by striking subsection (b) and redesignating
subsections (c) and (d) as subsections (b) and (c).
(2) Section 404(e) (sec. 1-204.04(3), D.C. Official Code) is
amended by striking ``subject to the provisions of section 602(c)''
each place it appears.
(3) Section 462 (sec. 1-204.62, D.C. Official Code) is amended--
(A) in subsection (a), by striking ``(a) The Council'' and
inserting ``The Council''; and
(B) by striking subsections (b) and (c).
(4) Section 472(d) (sec. 1-204.72(d), D.C. Official Code) is
amended to read as follows:
``(d) Payments Not Subject to Appropriation.--The fourth sentence
of section 446 shall not apply to any amount obligated or expended by
the District for the payment of the principal of, interest on, or
redemption premium for any revenue anticipation note issued under
subsection (a).''.
(5) Section 475(e) (sec. 1-204.75(e), D.C. Official Code) is
amended to read as follows:
``(e) Payments Not Subject to Appropriation.--The fourth sentence
of section 446 shall not apply to any amount obligated or expended by
the District for the payment of the principal of, interest on, or
redemption premium for any revenue anticipation note issued under this
section.''.
(b) Other Laws.--(1) Section 2(b)(1) of Amendment No. 1 (relating
to initiative and referendum) to title IV (the District Charter) (sec.
1-204.102(b)(1). D.C. Official Code) is amended by striking ``the
appropriate custodian'' and all that follows through ``portion of such
act to''.
(2) Section 5 of Amendment No. 1 (relating to initiative and
referendum) to title IV (the District Charter) (sec. 1-204.105, D.C.
Official Code) is amended by striking ``, and such act'' and all that
follows and inserting a period.
(3) Section 16 of the District of Columbia Election Code of 1955
(sec. 1-1001.16, D.C. Official Code)--
(A) in subsection (j)(2)--
(i) by striking ``sections 404 and 602(c)'' and
inserting ``section 404'', and
(ii) by striking the second sentence; and
(B) in subsection (m)--
(i) in the first sentence, by striking ``the
appropriate custodian'' and all that follows through
``parts of such act to'',
(ii) by striking ``is held. If, however, after''
and inserting ``is held unless, under'', and
(iii) by striking ``section, the act which'' and
all that follows and inserting ``section.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to each
act of the District of Columbia--
(1) passed by the Council of the District of Columbia and
signed by the Mayor of the District of Columbia;
(2) vetoed by the Mayor and repassed by the Council;
(3) passed by the Council and allowed to become effective
by the Mayor without the Mayor's signature; or
(4) in the case of initiated acts and acts subject to
referendum, ratified by a majority of the registered qualified
electors voting on the initiative or referendum,
on or after October 1, 2002. | District of Columbia Legislative Autonomy Act of 2002 - Amends the District of Columbia Home Rule Act to repeal the mandate for congressional review of newly-passed District laws. | To amend the District of Columbia Home Rule Act to eliminate Congressional review of newly-passed District laws. |
901 | SECTION 1. EVEN START PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
(a) Uses of Funds.--Subsection (a) of section 1054 of the
Elementary and Secondary Education Act of 1965 is amended--
(1) by inserting ``, including teenage parents, obtain
educational skills and'' after ``help parents'';
(2) by redesignating paragraphs (6) and (7) as (7) and (8),
respectively; and
(3) by inserting after paragraph (5) the following:
``(6) the provision that whenever feasible, data regarding
the number, age, sex, race, and ethnicity of participants is
collected;''.
(b) Eligible Participants.--Section 1055 of the Elementary and
Secondary Education Act of 1965 is amended--
(1) in paragraph (1), by striking ``and'';
(2) in paragraph (2), by striking the period and inserting
``; and''; and by adding at the end the following:
``(3) pregnant teenagers, teenage parents, and the children
of such teenagers.''.
(c) Applications.--Paragraph (5) of section 1056(c) is amended--
(1) by striking ``and'' after ``proficiency'' and inserting
a comma; and
(2) by inserting ``and teenage parents'' after
``handicaps''.
SEC. 2. SECONDARY SCHOOL PROGRAMS FOR BASIC SKILLS IMPROVEMENT AND
DROPOUT PREVENTION AND REENTRY.
(a) Allocation.--Subsection (c) of section 1102 of the Elementary
and Secondary Education Act of 1965 is amended by adding at the end of
paragraph (2) the following:
``(3) Each State educational agency shall allocate not less
than 25 percent of the funds available to local educational
agencies in the State to dropout prevention and reentry
programs which--
``(A) are specifically designed to serve pregnant
teenagers and teenage parents; or
``(B) include services or the coordination of
services for pregnant teenagers and teenage parents.''.
(b) Uses of Funds.--Subsection (c) of section 1103 of the
Elementary and Secondary Education Act of 1965 is amended in paragraph
(4), by inserting ``sex, race or ethnicity,'' after ``number, ages,''.
(c) Applications.--Subsection (b) of section 1104 of the Elementary
and Secondary Education Act of 1965 is amended--
(1) by redesignating paragraphs (8), (9), (10), and (11) as
paragraphs (10), (11), (12), and (13), respectively;
(2) by inserting after paragraph (7) the following:
``(8) assure that set-aside programs for pregnant teenagers
and teenage parents provide, either directly or in conjunction
with other programs, academic skills training, parenting and
child development classes, onsite child care or transportation
to a nearby facility, and an outreach program to reach such
teenagers;
``(9) assure that whenever practicable, the set-aside
programs for pregnant teenagers and teenage parents include the
provision for health care, job training, other support services
such as transportation, life skills training, mentor support,
counseling services, scheduling flexibility, and referrals for
community resources;''.
SEC. 3. LOCAL TARGETED ASSISTANCE PROGRAMS.
Paragraph (1) of section 1531(b) of the Elementary and Secondary
Education Act of 1965 is amended by inserting ``, pregnant teenagers
and teenage parents'' after ``dropping out''.
SEC. 4. STATE AND LOCAL PLANS.
(a) State Plans.--Subparagraph (C) of section 5122(b)(2) of the
Elementary and Secondary Education Act of 1965 is amended by inserting
``or is a parent'' after ``pregnant''.
(b) Local Drug Abuse Education and Prevention Programs.--Subsection
(a) of section 5125 of the Elementary and Secondary Education Act of
1965 is amended--
(1) by redesignating paragraphs (15) and (16) as (16) and
(17), respectively; and
(2) inserting after paragraph (14) the following:
``(15) programs that address the special needs of pregnant
teenagers and teenage parents;''.
SEC. 5. ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROGRAMS.
(a) Grants to Local Educational Agencies.--Section 6004 of the
Elementary and Secondary Education Act of 1965 is amended--
(1) by redesignating subsections (b) through (f) as (c)
through (g), respectively; and
(2) by inserting after subsection (a) the following:
``(b) In addition to the allocation requirements of subsection (a),
the Secretary shall ensure that not less than 25 percent of the total
funds available are used to develop programs specifically designed to
serve pregnant teenagers or teenage parents.''.
(b) Application.--Subparagraph (A) of section 6005(b)(1) of the
Elementary and Secondary Education Act of 1965 is amended by inserting
``, and if practicable, the age, sex, race and ethnicity'' after
``number''.
(c) Reports.--Subsection (a) of section 6008 of the Elementary and
Secondary Education Act of 1965 is amended by inserting ``age, sex,''
after ``school students by''.
SEC. 6. ASSISTANCE TO PROVIDE BASIC SKILLS IMPROVEMENT.
Section 6106 of the Elementary and Secondary Education Act of 1965
is amended--
(1) by redesignating paragraphs (8), (9), and (10) as
paragraphs (10), (11), and (12) respectively;
(2) by inserting after paragraph (7) the following:
``(8) an assurance that set-aside programs for pregnant
teenagers and teenage parents provide, either directly or in
conjunction with other programs, academic skills training,
parenting and child development classes, onsite child care or
transportation to a nearby facility, and an outreach program to
reach such teenagers;
``(9) an assurance that whenever practicable, the set-aside
programs for pregnant teenagers and teenage parents include the
provision for health care, job training, other support services
such as transportation, life skills training, mentor support,
counseling services, scheduling flexibility, and referrals for
community resources;''. | Amends the Elementary and Secondary Education Act of 1965 to specify requirements with respect to pregnant teenagers, teenage parents, and the children of such teenagers for: (1) Even Start programs; (2) secondary school programs for basic skills improvement and dropout prevention and reentry; (3) local targeted assistance programs; (4) State and local drug abuse education and prevention programs; (5) assistance to address school dropout problems; and (6) assistance to provide basic skills improvement. | To amend the Elementary and Secondary Education Act of 1965 to ensure that needs of pregnant and parenting teenagers are addressed by the education system, and for other purposes. |
902 | SECTION 1. PROJECT FOR NAVIGATION, WELLS HARBOR, MAINE.
(a) In General.--The project for navigation, Wells Harbor, Maine,
authorized by section 101 of the River and Harbor Act of 1960 (74 Stat.
480), is modified to authorize the Secretary of the Army to realign the
channel and anchorage areas based on a harbor design capacity of 150
craft.
(b) Deauthorization of Certain Portions.--The following portions of
the project are not authorized after the date of enactment of this Act:
(1) The portion of the 6-foot channel the boundaries of
which begin at a point with coordinates N177,992.00,
E394,831.00, thence running south 83 degrees 58 minutes 14.8
seconds west 10.38 feet to a point N177,990.91, E394,820.68,
thence running south 11 degrees 46 minutes 47.7 seconds west
991.76 feet to a point N177,020.04, E394,618.21, thence running
south 78 degrees 13 minutes 45.7 seconds east 10.00 feet to a
point N177,018.00, E394,628.00, thence running north 11 degrees
46 minutes 22.8 seconds east 994.93 feet to the point of
origin.
(2) The portion of the 6-foot anchorage the boundaries of
which begin at a point with coordinates N177,778.07,
E394,336.96, thence running south 51 degrees 58 minutes 32.7
seconds west 15.49 feet to a point N177,768.53, E394,324.76,
thence running south 11 degrees 46 minutes 26.5 seconds west
672.87 feet to a point N177,109.82, E394,187.46, thence running
south 78 degrees 13 minutes 45.7 seconds east 10.00 feet to a
point N177,107.78, E394,197.25, thence running north 11 degrees
46 minutes 25.4 seconds east 684.70 feet to the point of
origin.
(3) The portion of the 10-foot settling basin the
boundaries of which begin at a point with coordinates
N177,107.78, E394,197.25, thence running north 78 degrees 13
minutes 45.7 seconds west 10.00 feet to a point N177,109.82,
E394,187.46, thence running south 11 degrees 46 minutes 15.7
seconds west 300.00 feet to a point N176,816.13, E394,126.26,
thence running south 78 degrees 12 minutes 21.4 seconds east
9.98 feet to a point N176,814.09, E394,136.03, thence running
north 11 degrees 46 minutes 29.1 seconds east 300.00 feet to
the point of origin.
(4) The portion of the 10-foot settling basin the
boundaries of which begin at a point with coordinates
N177,018.00, E394,628.00, thence running north 78 degrees 13
minutes 45.7 seconds west 10.00 feet to a point N177,020.04,
E394,618.21, thence running south 11 degrees 46 minutes 44.0
seconds west 300.00 feet to a point N176,726.36, E394,556.97,
thence running south 78 degrees 12 minutes 30.3 seconds east
10.03 feet to a point N176,724.31, E394,566.79, thence running
north 11 degrees 46 minutes 22.4 seconds east 300.00 feet to
the point of origin.
(c) Redesignations.--The following portions of the project shall be
redesignated as part of the 6-foot anchorage:
(1) The portion of the 6-foot channel the boundaries of
which begin at a point with coordinates N177,990.91,
E394,820.68, thence running south 83 degrees 58 minutes 40.8
seconds west 94.65 feet to a point N177,980.98, E394,726.55,
thence running south 11 degrees 46 minutes 22.4 seconds west
962.83 feet to a point N177,038.40, E394,530.10, thence running
south 78 degrees 13 minutes 45.7 seconds east 90.00 feet to a
point N177,020.04, E394,618.21, thence running north 11 degrees
46 minutes 47.7 seconds east 991.76 feet to the point of
origin.
(2) The portion of the 10-foot inner harbor settling basin
the boundaries of which begin at a point with coordinates
N177,020.04, E394,618.21, thence running north 78 degrees 13
minutes 30.5 seconds west 160.00 feet to a point N177,052.69,
E394,461.58, thence running south 11 degrees 46 minutes 45.4
seconds west 299.99 feet to a point N176,759.02, E394,400.34,
thence running south 78 degrees 13 minutes 17.9 seconds east
160 feet to a point N176,726.36, E394,556.97, thence running
north 11 degrees 46 minutes 44.0 seconds east 300.00 feet to
the point of origin.
(3) The portion of the 6-foot anchorage the boundaries of
which begin at a point with coordinates N178,102.26,
E394,751.83, thence running south 51 degrees 59 minutes 42.1
seconds west 526.51 feet to a point N177,778.07, E394,336.96,
thence running south 11 degrees 46 minutes 26.6 seconds west
511.83 feet to a point N177,277.01, E394,232.52, thence running
south 78 degrees 13 minutes 17.9 seconds east 80.00 feet to a
point N177,260.68, E394,310.84, thence running north 11 degrees
46 minutes 24.8 seconds east 482.54 feet to a point
N177,733.07, E394,409.30, thence running north 51 degrees 59
minutes 41.0 seconds east 402.63 feet to a point N177,980.98,
E394,726.55, thence running north 11 degrees 46 minutes 27.6
seconds east 123.89 feet to the point of origin.
(d) Realignment.--The 6-foot anchorage area described in subsection
(c)(3) shall be realigned to include the area located south of the
inner harbor settling basin in existence on the date of enactment of
this Act beginning at a point with coordinates N176,726.36,
E394,556.97, thence running north 78 degrees 13 minutes 17.9 seconds
west 160.00 feet to a point N176,759.02, E394,400.34, thence running
south 11 degrees 47 minutes 03.8 seconds west 45 feet to a point
N176,714.97, E394,391.15, thence running south 78 degrees 13 minutes
17.9 seconds 160.00 feet to a point N176,682.31, E394,547.78, thence
running north 11 degrees 47 minutes 03.8 seconds east 45 feet to the
point of origin.
(e) Relocation.--The Secretary of the Army may relocate the
settling basin feature of the project to the outer harbor between the
jetties.
(f) Enforcement of Conservation Easement.--The Secretary of the
Interior, acting through the Director of the United States Fish and
Wildlife Service, may accept the conveyance of the right, but not the
obligation, to enforce a conservation easement to be held by the State
of Maine over certain land owned by the town of Wells, Maine, that is
adjacent to the Rachel Carson National Wildlife Refuge. | Modifies the project for navigation, Wells Harbor, Maine, to authorize the Secretary of the Army to realign the channel and anchorage areas based on a harbor design capacity of 150 craft. Deauthorizes specified portions of the project. | A bill to modify, and to deauthorize certain portions of, the project for navigation at Wells Harbor, Maine. |
903 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mortgage Modification Reform Act of
2010''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``covered trial loan modification'' means a
trial loan modification--
(A) offered by a servicer to a homeowner under a
home loan modification program; and
(B) for which the servicer has received from the
homeowner the information required for a trial loan
modification;
(2) the term ``home loan modification program'' means a
home loan modification program put into effect by the Secretary
under title I of division A of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5211 et seq.), including
the Home Affordable Modification Program;
(3) the term ``homeowner'' means an individual who applies
for a home loan modification under a home loan modification
program;
(4) the term ``permanent loan modification'' means any
agreement reached between a homeowner and a servicer on a long-
term basis, as determined by the Secretary, under a home loan
modification program;
(5) the term ``qualified counselor'' means a qualified
counselor described in section 255(f) of the National Housing
Act (12 U.S.C. 1715z-20(f));
(6) the term ``Secretary'' means the Secretary of the
Treasury;
(7) the term ``servicer'' has the same meaning as in
section 129 of the Truth in Lending Act (15 U.S.C. 1639a)
(relating to the duties of servicers of residential mortgages),
as added by section 201(b) of the Helping Families Save Their
Homes Act of 2009 (Public Law 111-22; 123 Stat. 1638);
(8) the term ``servicer incentive payment'' means a payment
that is made by the Secretary to a servicer--
(A) in exchange, or as an incentive, for making a
loan modification under a home loan modification
program; and
(B) at the time the servicer makes an offer of a
trial or permanent modification to a homeowner; and
(9) the term ``trial loan modification'' means any
agreement reached between a homeowner and a servicer on a
temporary basis, as determined by the Secretary, under a home
loan modification program.
SEC. 3. FORECLOSURE.
A servicer may not initiate or continue a foreclosure proceeding
with respect to the mortgage of a homeowner if--
(1) the homeowner submitted an application for a loan
modification under a home loan modification program--
(A) before receiving a notice of foreclosure from
the servicer; or
(B) not later than 30 days after the homeowner
received a notice of foreclosure from the servicer; and
(2) the servicer has not made a determination, as described
in section 5(a) that the homeowner does not qualify for a loan
modification under a home loan modification program.
SEC. 4. PROCESS FOR REVIEW OF IMPROPER DENIALS.
(a) Process for Review.--
(1) In general.--The Secretary shall establish a process by
which a homeowner may request the Secretary to review a denial
by a servicer of an application by the homeowner for a trial
loan modification or permanent loan modification.
(2) Qualified counselors.--The process established under
paragraph (1) shall include the use of qualified counselors to
report wrongful denials of trial loan modifications and
permanent loan modifications.
(3) Supporting documentation.--The Secretary shall require
a servicer to submit supporting documentation with respect to
any denial by the servicer of an application by a homeowner for
a trial loan modification or permanent loan modification that
is reviewed by the Secretary under the process established
under paragraph (1).
(b) Penalties.--If the Secretary determines after a review under
the process established under subsection (a) that a servicer has
wrongly denied the application of a homeowner for a trial loan
modification or a permanent loan modification, the Secretary shall
impose a penalty on the servicer.
SEC. 5. PENALTIES FOR SERVICERS THAT DO NOT TIMELY EVALUATE HOMEOWNERS.
(a) Time for Evaluation of Homeowners.--Not later than 3 months
after the date on which a homeowner submits an application for a loan
modification to a servicer that participates in a home loan
modification program, the servicer shall--
(1) evaluate the application of the homeowner; and
(2) notify the homeowner that--
(A) the homeowner is qualified for a trial loan
modification or a permanent loan modification under the
home loan modification program; or
(B) the servicer has denied the application.
(b) Priority for Evaluating Amendments.--
(1) Priority.--A servicer that participates in a home loan
modification program shall evaluate the applications of
homeowners for loan modifications in the order in which the
servicer receives the applications.
(2) Prohibition.--A servicer that participates in a home
loan modification program may not select the order in which the
applications of homeowners are evaluated for loan
modifications--
(A) on the basis of--
(i) the income of the homeowner that made
the application; or
(ii) the value of the loan for which a
modification is requested; or
(B) for any reason other than the time at which the
servicer receives the applications.
(c) Late Fees for Servicers.--
(1) Reduced servicer incentive payments for loans
individual homeowners.--The Secretary shall reduce the amount
of any servicer incentive payment with respect to the loan
modification of an individual homeowner by 10 percent for each
full month that--
(A) follows the date that is 3 months after the
date on which the homeowner submits an application for
a loan modification to the servicer; and
(B) precedes the date on which the servicer
notifies the homeowner under subsection (a)(2).
(2) Reduced payments for all loans.--If the Secretary
determines that, on the date that is 3 months after the date of
enactment of this Act, less than 75 percent of all homeowners
who applied to a servicer for loan modifications under a home
loan modification program have been evaluated within 3 months
of the date of the application, the Secretary shall reduce by
25 percent the amount of any servicer incentive payment the
servicer would otherwise be eligible to receive under the home
loan modification program.
(d) Delinquency Fees Charged to Homeowners.--No servicer may impose
a fee on a homeowner due to delinquency during the period beginning on
the date on which the homeowner submits an application to the servicer
for a loan modification and ending on the date on which the homeowner
receives notice under subsection (a)(2).
(e) Collection and Report of Data.--
(1) Collection of data.--Each servicer shall report to the
Secretary, at such time and in such manner as the Secretary may
determine, data relating to the processing by the servicer of
applications for loan modifications.
(2) Report of data.--The Secretary shall publish a monthly
report containing the data collected under paragraph (1).
SEC. 6. REDUCED PAYMENTS FOR FAILURE TO EVALUATE HOMEOWNERS FOR
PERMANENT MODIFICATIONS.
If the Secretary determines that, on the date that is 3 months
after the date of enactment of this Act, less than 70 percent of all
covered trial loan modifications offered by a servicer have been
evaluated for conversion to permanent loan modifications before the
date that is 3 months after the date on which the servicer and the
homeowner entered into an agreement for a trial loan modification, the
Secretary shall reduce by 25 percent the amount of any servicer
incentive payment the servicer would otherwise be eligible to receive
under the home loan modification program. Such reduction shall be in
addition to any other reduction in payment that may have been imposed
on the servicer for any other violation of this Act.
SEC. 7. RULE OF CONSTRUCTION RELATING TO PAYMENTS TO HOMEOWNERS.
Nothing in this Act may be construed to require a reduction of a
payment by the Secretary made on behalf or for the benefit of a
homeowner in connection with a loan modification. | Mortgage Modification Reform Act of 2010 - Prohibits a residential mortgage servicer from initiating or continuing a foreclosure on a homeowner's mortgage if: (1) the homeowner applied for a loan modification under a home loan modification program either before receiving notice of the foreclosure or within 30 days after receiving it; and (2) the servicer has not yet determined that the homeowner does not qualify under a home loan modification program.
Directs the Secretary of the Treasury to establish a process by which a homeowner may request review of a servicer's denial of an application for either a trial or a permanent loan modification.
Subjects servicers to administrative penalties for wrongful denial of a loan modification application.
Requires servicers to evaluate loan applications in the order received, and to notify the homeowner within three months after the date of application submission.
Requires the Secretary to reduce servicer incentive payments for tardy evaluations by servicers of loan modification applications.
Prohibits servicers from imposing a delinquency fee upon homeowners while the loan modification application is pending. | A bill to establish penalties for servicers that fail to timely evaluate the applications of homeowners under home loan modification programs. |
904 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Citizens' Financial Freedom
Act''.
SEC. 2. REPEAL OF INCREASE IN TAX ON SOCIAL SECURITY BENEFITS.
(a) In General.--Paragraph (2) of section 86(a) of the Internal
Revenue Code of 1986 (relating to social security and tier 1 railroad
retirement benefits) is amended by adding at the end the following new
flush sentence:
``This paragraph shall not apply to any taxable year beginning
after December 31, 2000.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2000.
SEC. 3. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED
RETIREMENT AGE.
(a) In General.--Section 203 of the Social Security Act (42 U.S.C.
403) is amended--
(1) in subsection (c)(1), by striking ``the age of
seventy'' and inserting ``retirement age (as defined in section
216(l))'';
(2) in paragraphs (1)(A) and (2) of subsection (d), by
striking ``the age of seventy'' each place it appears and
inserting ``retirement age (as defined in section 216(l))'';
(3) in subsection (f)(1)(B), by striking ``was age seventy
or over'' and inserting ``was at or above retirement age (as
defined in section 216(l))'';
(4) in subsection (f)(3)--
(A) by striking ``33\1/3\ percent'' and all that
follows through ``any other individual,'' and inserting
``50 percent of such individual's earnings for such
year in excess of the product of the exempt amount as
determined under paragraph (8),''; and
(B) by striking ``age 70'' and inserting
``retirement age (as defined in section 216(l))'';
(5) in subsection (h)(1)(A), by striking ``age 70'' each
place it appears and inserting ``retirement age (as defined in
section 216(l))''; and
(6) in subsection (j)--
(A) in the heading, by striking ``Age Seventy'' and
inserting ``Retirement Age''; and
(B) by striking ``seventy years of age'' and
inserting ``having attained retirement age (as defined
in section 216(l))''.
(b) Conforming Amendments Eliminating the Special Exempt Amount for
Individuals Who Have Attained Retirement Age.--
(1) Uniform exempt amount.--Section 203(f)(8)(A) of the
Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by
striking ``the new exempt amounts (separately stated for
individuals described in subparagraph (D) and for other
individuals) which are to be applicable'' and inserting ``a new
exempt amount which shall be applicable''.
(2) Conforming amendments.--Section 203(f)(8)(B) of such
Act (42 U.S.C. 403(f)(8)(B)) is amended--
(A) in the matter preceding clause (i), by striking
``Except'' and all that follows through ``whichever''
and inserting ``The exempt amount which is applicable
for each month of a particular taxable year shall be
whichever'';
(B) in clauses (i) and (ii), by striking
``corresponding'' each place it appears; and
(C) in the last sentence, by striking ``an exempt
amount'' and inserting ``the exempt amount''.
(3) Repeal of basis for computation of special exempt
amount.--Section 203(f)(8)(D) of such Act (42 U.S.C. (f)(8)(D))
is repealed.
(c) Additional Conforming Amendments.--
(1) Elimination of redundant references to retirement
age.--Section 203 of the Social Security Act (42 U.S.C. 403) is
amended--
(A) in subsection (c), in the last sentence, by
striking ``nor shall any deduction'' and all that
follows and inserting ``nor shall any deduction be made under this
subsection from any widow's or widower's insurance benefit if the
widow, surviving divorced wife, widower, or surviving divorced husband
involved became entitled to such benefit prior to attaining age 60.'';
and
(B) in subsection (f)(1), by striking clause (D)
and inserting the following: ``(D) for which such
individual is entitled to widow's or widower's
insurance benefits if such individual became so
entitled prior to attaining age 60,''.
(2) Conforming amendment to provisions for determining
amount of increase on account of delayed retirement.--Section
202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is
amended--
(A) by striking ``either''; and
(B) by striking ``or suffered deductions under
section 203(b) or 203(c) in amounts equal to the amount
of such benefit''.
(3) Provisions relating to earnings taken into account in
determining substantial gainful activity of blind
individuals.--The second sentence of section 223(d)(4)(A) of
the Social Security Act (42 U.S.C. 423(d)(4)(A)) is amended by
striking ``if section 102 of the Senior Citizens' Right to Work
Act of 1996 had not been enacted'' and inserting the following:
``if the amendments to section 203 made by section 102 of the
Senior Citizens' Right to Work Act of 1996 and by the Senior
Citizens' Financial Freedom Act had not been enacted''.
(d) Effective Date.--The amendments and repeals made by this
section shall apply with respect to taxable years ending after December
31, 2000.
SEC. 4. GRADUAL INCREASE IN AGE FOR REQUIRED MINIMUM DISTRIBUTIONS FROM
PENSION PLANS.
(a) In General.--Section 401(a)(9)(C) of the Internal Revenue Code
of 1986 (defining required beginning date) is amended--
(1) by striking ``age 70\1/2\'' and inserting ``the
applicable age'', and
(2) by adding at the end the following new clause:
``(v) Applicable age.--For purposes of this
subparagraph, the applicable age shall be
determined in accordance with the following
table:
Applicable
``Calendar year: Age:
2000.......................................... 71
2001.......................................... 72
2002.......................................... 73
2003.......................................... 74
2004.......................................... 75
2005.......................................... 76
2006.......................................... 77
2007.......................................... 78
2008.......................................... 79
2009.......................................... 80
2010.......................................... 81
2011.......................................... 82
2012.......................................... 83
2013.......................................... 84
2014 and thereafter........................... 85.''
(b) Effective Date.--The amendments made by this section shall
apply to years beginning after December 31, 1999. | Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to repeal the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn (earnings test) without incurring a reduction in benefits.
Amends the IRC to provide for a graduated increase in age from calendar year 2000 to 2014 and thereafter for required distributions from qualified trusts. | Senior Citizens' Financial Freedom Act |
905 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lackawanna Valley American Heritage
Area Act of 1998''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the industrial and cultural heritage of northeastern
Pennsylvania, including Lackawanna County, Luzerne County,
Wayne County, and Susquehanna County, related directly to
anthracite and anthracite-related industries, is nationally
significant;
(2) the industries referred to in paragraph (1) include
anthracite mining, ironmaking, textiles, and rail
transportation;
(3) the industrial and cultural heritage of the anthracite
and anthracite-related industries in the region described in
paragraph (1) includes the social history and living cultural
traditions of the people of the region;
(4) the labor movement of the region played a significant
role in the development of the Nation, including--
(A) the formation of many major unions such as the
United Mine Workers of America; and
(B) crucial struggles to improve wages and working
conditions, such as the 1900 and 1902 anthracite
strikes;
(5)(A) the Secretary of the Interior is responsible for
protecting the historical and cultural resources of the United
States; and
(B) there are significant examples of those resources
within the region described in paragraph (1) that merit the
involvement of the Federal Government to develop, in
cooperation with the Lackawanna Heritage Valley Authority, the
Commonwealth of Pennsylvania, and local and governmental
entities, programs and projects to conserve, protect, and
interpret this heritage adequately for future generations,
while providing opportunities for education and revitalization;
and
(6) the Lackawanna Heritage Valley Authority would be an
appropriate management entity for a Heritage Area established
in the region described in paragraph (1).
(b) Purposes.--The purposes of the Lackawanna Valley American
Heritage Area and this Act are--
(1) to foster a close working relationship among all levels
of government, the private sector, and the local communities in
the anthracite coal region of northeastern Pennsylvania and
enable the communities to conserve their heritage while
continuing to pursue economic opportunities; and
(2) to conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the 4-county region
described in subsection (a)(1).
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Lackawanna Valley American Heritage Area established by section
4.
(2) Management entity.--The term ``management entity''
means the management entity for the Heritage Area specified in
section 4(c).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 6(b).
(4) Partner.--The term ``partner'' means--
(A) a Federal, State, or local governmental entity;
and
(B) an organization, private industry, or
individual involved in promoting the conservation and
preservation of the cultural and natural resources of
the Heritage Area.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. LACKAWANNA VALLEY AMERICAN HERITAGE AREA.
(a) Establishment.--There is established the Lackawanna Valley
American Heritage Area.
(b) Boundaries.--The Heritage Area shall be comprised of all or
parts of Lackawanna County, Luzerne County, Wayne County, and
Susquehanna County, Pennsylvania, determined in accordance with the
compact under section 5.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Lackawanna Heritage Valley Authority.
SEC. 5. COMPACT.
(a) In General.--To carry out this Act, the Secretary shall enter
into a compact with the management entity.
(b) Contents of Compact.--The compact shall include information
relating to the objectives and management of the area, including--
(1) a delineation of the boundaries of the Heritage Area;
and
(2) a discussion of the goals and objectives of the
Heritage Area, including an explanation of the proposed
approach to conservation and interpretation and a general
outline of the protection measures committed to by the
partners.
SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of Management Entity.--The management entity may,
for the purposes of preparing and implementing the management plan, use
funds made available under this Act--
(1) to make loans and grants to, and enter into cooperative
agreements with, any State or political subdivision of a State,
private organization, or person; and
(2) to hire and compensate staff.
(b) Management Plan.--
(1) In general.--The management entity shall develop a
management plan for the Heritage Area that presents
comprehensive recommendations for the conservation, funding,
management, and development of the Heritage Area.
(2) Consideration of other plans and actions.--The
management plan shall--
(A) take into consideration State, county, and
local plans;
(B) involve residents, public agencies, and private
organizations working in the Heritage Area; and
(C) include actions to be undertaken by units of
government and private organizations to protect the
resources of the Heritage Area.
(3) Specification of funding sources.--The management plan
shall specify the existing and potential sources of funding
available to protect, manage, and develop the Heritage Area.
(4) Other required elements.--The management plan shall
include the following:
(A) An inventory of the resources contained in the
Heritage Area, including a list of any property in the
Heritage Area that is related to the purposes of the
Heritage Area and that should be preserved, restored,
managed, developed, or maintained because of its
historical, cultural, natural, recreational, or scenic
significance.
(B) A recommendation of policies for resource
management that considers and details application of
appropriate land and water management techniques,
including the development of intergovernmental
cooperative agreements to protect the historical,
cultural, natural, and recreational resources of the
Heritage Area in a manner that is consistent with the
support of appropriate and compatible economic
viability.
(C) A program for implementation of the management
plan by the management entity, including--
(i) plans for restoration and construction;
and
(ii) specific commitments of the partners
for the first 5 years of operation.
(D) An analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this Act.
(E) An interpretation plan for the Heritage Area.
(5) Submission to secretary for approval.--
(A) In general.--Not later than the last day of the
3-year period beginning on the date of enactment of
this Act, the management entity shall submit the
management plan to the Secretary for approval.
(B) Effect of failure to submit.--If a management
plan is not submitted to the Secretary by the day
referred to in subparagraph (A), the Secretary shall
not, after that day, provide any grant or other
assistance under this Act with respect to the Heritage
Area until a management plan for the Heritage Area is
submitted to the Secretary.
(c) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions specified in the
compact and management plan, including steps to assist units of
government and nonprofit organizations in preserving the
Heritage Area;
(2) assist units of government and nonprofit organizations
in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the historical, natural, and architectural
resources and sites in the Heritage Area; and
(D) restoring historic buildings that relate to the
purposes of the Heritage Area;
(3) encourage economic viability in the Heritage Area
consistent with the goals of the management plan;
(4) encourage local governments to adopt land use policies
consistent with the management of the Heritage Area and the
goals of the management plan;
(5) assist units of government and nonprofit organizations
to ensure that clear, consistent, and environmentally
appropriate signs identifying access points and sites of
interest are placed throughout the Heritage Area;
(6) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
(7) conduct public meetings not less often than quarterly
concerning the implementation of the management plan;
(8) submit substantial amendments (including any increase
of more than 20 percent in the cost estimates for
implementation) to the management plan to the Secretary for the
Secretary's approval; and
(9) for each year in which Federal funds have been received
under this Act--
(A) submit a report to the Secretary that
specifies--
(i) the accomplishments of the management
entity;
(ii) the expenses and income of the
management entity; and
(iii) each entity to which any loan or
grant was made during the year;
(B) make available to the Secretary for audit all
records relating to the expenditure of such funds and
any matching funds; and
(C) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available to the Secretary for audit all records
concerning the expenditure of such funds.
(d) Use of Federal Funds.--
(1) Funds made available under this act.--The management
entity shall not use Federal funds received under this Act to
acquire real property or any interest in real property.
(2) Funds from other sources.--Nothing in this Act
precludes the management entity from using Federal funds
obtained through law other than this Act for any purpose for
which the funds are authorized to be used.
SEC. 7. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--
(A) Provision of assistance.--The Secretary may, at
the request of the management entity, provide technical
and financial assistance to the management entity to
develop and implement the management plan.
(B) Priority in assistance.--In assisting the
management entity, the Secretary shall give priority to
actions that assist in--
(i) conserving the significant historical,
cultural, and natural resources that support
the purposes of the Heritage Area; and
(ii) providing educational, interpretive,
and recreational opportunities consistent with
the resources and associated values of the
Heritage Area.
(2) Expenditures for non-federally owned property.--
(A) In general.--To further the purposes of this
Act, the Secretary may expend Federal funds directly on
non-federally owned property, especially for assistance
to units of government relating to appropriate
treatment of districts, sites, buildings, structures,
and objects listed or eligible for listing on the
National Register of Historic Places.
(B) Studies.--The Historic American Buildings
Survey/Historic American Engineering Record shall
conduct such studies as are necessary to document the
industrial, engineering, building, and architectural
history of the Heritage Area.
(b) Approval and Disapproval of Management Plans.--
(1) In general.--The Secretary, in consultation with the
Governor of the Commonwealth of Pennsylvania, shall approve or
disapprove a management plan submitted under this Act not later
than 90 days after receipt of the management plan.
(2) Action following disapproval.--
(A) In general.--If the Secretary disapproves a
management plan, the Secretary shall advise the
management entity in writing of the reasons for the
disapproval and shall make recommendations for
revisions to the management plan.
(B) Deadline for approval of revision.--The
Secretary shall approve or disapprove a proposed
revision within 90 days after the date on which the
revision is submitted to the Secretary.
(c) Approval of Amendments.--
(1) Review.--The Secretary shall review substantial
amendments (as determined under section 6(c)(8)) to the
management plan for the Heritage Area.
(2) Requirement of approval.--Funds made available under
this Act shall not be expended to implement the amendments
described in paragraph (1) until the Secretary approves the
amendments.
SEC. 8. SUNSET PROVISION.
The Secretary shall not provide any grant or other assistance under
this Act after September 30, 2012.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, except that not more than $1,000,000 may be
appropriated to carry out this Act for any fiscal year.
(b) 50 Percent Match.--The Federal share of the cost of activities
carried out using any assistance or grant under this Act shall not
exceed 50 percent. | Lackawanna Valley American Heritage Area Act of 1998 - Establishes the Lackawanna Valley American Heritage Area in Pennsylvania.
Requires the Lackawanna Heritage Valley Authority (the management entity for the Area) to develop and submit to the Secretary for approval a management plan that presents comprehensive recommendations for the conservation, funding, management, and development of the Area.
Prohibits the use of Federal funds received under this Act to acquire real property or interest therein.
Authorizes the Secretary, at the request of the management entity, to provide technical and financial assistance to the management entity to develop and implement the management plan.
Terminates any grant or other assistance under this Act after September 30, 2012.
Authorizes appropriations. Limits the Federal share of the cost of activities carried out using any assistance or grant under this Act to 50 percent. | Lackawanna Valley American Heritage Area Act of 1998 |
906 | SECTION 1. SHORT TITLE.
This legislation may be cited as the ``Puerto Rico Admission Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The territory of Puerto Rico has a population of more
than 3.4 million, and United States citizenship has been
granted to individuals born in the islands for one hundred
years.
(2) The territory has an insular government that, subject
to Federal law, exercises authority similar to that possessed
by the governments of the several States.
(3) The United States citizens of Puerto Rico are not
treated equally in Federal law with citizens in the States and
do not have representation in their national government other
than that provided by a sole resident commissioner who can only
vote in committees of the House of Representatives to which she
or he is assigned.
(4) An overwhelming majority of the United States citizens
residing in Puerto Rico want to replace territory status with a
permanent form of government that provides for equality and for
democratic representation in the making of their national laws.
(5) It has been the longstanding policy of the United
States that the American citizens of the territory can
determine whether it should eventually become a State or a
nation.
(6) In a plebiscite held in Puerto Rico under local law, a
majority of the vote rejected continuation of the current
territory status, with more than 61.1 percent petitioning the
Congress and the President for statehood and a transition to
equality and permanence within the Union of States.
(7) Public Law 113-76 responded to the plebiscite under
territorial law by providing for a plebiscite under Federal law
on an option or options proposed by the Elections Commission of
Puerto Rico that can resolve the question of the territory's
status and are found by the Department of Justice to not
conflict with the Constitution, laws, and policies of the
United States.
(8) The Governor, two-thirds majorities of each house of
the Legislative Assembly, and the Resident Commissioner of
Puerto Rico elected in November 2016 were voted into office on
a platform of seeking equality and permanence for Puerto Rico
within the United States.
(9) Puerto Rico is treated as a State for the purposes of
most laws but is not treated equally with the States under
dozens of statutes, including some providing for major health
and other programs for individuals with critical needs and in a
number of revenue measures.
(10) The limitations of, and treatment under, territory
status has left Puerto Rico under-developed and substantially
contributed to its economy being weak for four decades and in
depression for the last one.
(11) Millions of the U.S. citizens of Puerto Rico have
moved to a State for the greater opportunity and better way of
life possible in a State.
(12) Equality within the Nation is required for a healthy
American economy and essential for Puerto Rico's social and
economic health as well as for basic reasons of democracy.
(13) Puerto Ricans have contributed greatly to the Nation
in all fields of endeavor both in war and in peace.
(14) Puerto Rico should be transitioned into equality
within the Union.
SEC. 3. PROCESS FOR REPLACING TERRITORY STATUS.
(a) Consistent with Public Law 113-76, it is the policy of the
United States that the U.S. citizens of Puerto Rico may choose whether
Puerto Rico will become a State or a nation through a plebiscite under
that law.
(b) If the U.S. citizens of Puerto Rico reaffirm the territory's
choice of statehood through a plebiscite under Public Law 113-76,
Federal laws that do not apply to Puerto Rico or apply differently to
the territory than to the several States are amended or repealed to
phase in the equal treatment of Puerto Rico with the several States by
January 3, 2025, as shall be provided for in a plan submitted to the
Congress and the President not later than 270 days after the enactment
of this Act by the President's Task Force on Puerto Rico's Status, and
Puerto Rico shall become a State on January 3, 2025.
SEC. 4. FEDERAL OFFICES.
(a) President and Vice President.--With respect to the election for
the offices of President and Vice President in November 2024--
(1) Puerto Rico shall be considered a State for purposes of
chapter 21 of title 3, United States Code, and the electors of
Puerto Rico shall be considered electors of a State for
purposes of such chapter; and
(2) for purposes of section 3 of such title, the number of
electors from Puerto Rico shall be equal to the number of
Senators and Representatives to which Puerto Rico is entitled
during the One Hundred Nineteenth Congress, as determined in
accordance with subsection (b).
(b) Congressional Delegation.--
(1) Representatives.--Effective on the first day of the One
Hundred Nineteenth Congress, the number of Representatives of
States in the House of Representatives shall be increased by
the number of Representatives of the State with the population
closest to that of Puerto Rico in the 2020 decennial census and
the additional seats shall be occupied by Representatives of
Puerto Rico. The Clerk of the House of Representatives shall
transmit to the Governor of Puerto Rico and the Speaker of the
House of Representatives a certificate of the number of
Representatives to which Puerto Rico will be entitled not later
than January 3, 2024.
(2) Election.--The regularly scheduled general elections
for Federal office held in Puerto Rico in November 2024 shall
include the election of two Senators and the number of
Representatives of Puerto Rico provided for in paragraph (1) of
this subsection, all of whom shall first take office on January
3, 2025. The Senate shall determine the class to which each of
the Senators shall be assigned.
(3) Resident commissioner.--Section 36 of the Act of March
2, 1917, 39 Stat. 963, and section 1 of the Act of June 22,
1906, 34 Stat. 417, as amended, are repealed effective January
3, 2025.
(4) Primary elections.--The Government of Puerto Rico may
hold primary elections for the offices described in this
section at such time and in such manner as it may provide, so
long as such elections are held in the manner required by the
laws applicable to elections for Federal office.
SEC. 5. PROCLAMATION.
Following the transition process set forth in section 3, the
President shall issue a proclamation declaring that Puerto Rico is
admitted into the Union on an equal footing with the other States,
effective January 3, 2025, and Puerto Rico shall be so admitted.
SEC. 6. STATE.
Upon the admission of Puerto Rico into the Union as a State--
(a) State Constitution.--The Constitution of the Commonwealth of
Puerto Rico shall be accepted as the Constitution of the State.
(b) Territory.--The State shall consist of all of the territory,
together with the waters included in the seaward boundary, of the
Commonwealth of Puerto Rico.
(c) Continuity of Government.--The individuals holding legislative,
executive, and judicial offices of the Commonwealth of Puerto Rico
shall continue to discharge the duties of their respective offices.
(d) Continuity of Laws.--
(1) Territory law.--All of the laws of Puerto Rico shall
continue in force and effect in the State, except as may be
modified consistent with this Act, and shall be subject to
repeal or amendment by the Legislative Assembly and the
Governor of the sovereign State of Puerto Rico.
(2) Federal law.--All of the laws of the United States
shall have the same force and effect as on the date immediately
prior to the date of admission of Puerto Rico into the Union as
a State, except for any provision of law that treats Puerto
Rico and its residents differently than the States of the Union
and their residents, which shall be amended as of the date of
admission to treat the State of Puerto Rico and its residents
equally with the other States of the Union and their residents. | Puerto Rico Admission Act This bill expresses U.S. policy that the U.S. citizens of Puerto Rico may choose whether Puerto Rico will become a state or a nation through a plebiscite pursuant to provisions of the Consolidated Appropriations Act, 2014. If the U.S. citizens of Puerto Rico reaffirm the territory's choice of statehood through such a plebiscite: federal laws that do not apply to Puerto Rico or that apply differently to the territory than to the several states shall be amended or repealed to phase in the equal treatment of Puerto Rico with the several states by January 3, 2025, the President's Task Force on Puerto Rico's Status shall submit a plan providing for such equal treatment to Congress and the President by 270 days after the enactment of this bill, Puerto Rico shall be considered a state for purposes of federal elections in November 2024, and Puerto Rico shall become a state and shall be admitted to the Union on equal footing with the other states on January 3, 2025. | Puerto Rico Admission Act |
907 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Upper Colorado River and San Juan
River Endangered Fish Recovery Act of 1998''.
SEC. 2. PURPOSE.
The purpose of the ``Upper Colorado River and the San Juan River
Endangered Fish Recovery Act of 1998'' is to authorize and provide
funding for the Secretary, acting through the Bureau of Reclamation and
the Bureau of Indian Affairs, to continue implementation of the
endangered fish recovery implementation programs for the Upper Colorado
and San Juan River Basins in order to accomplish the objectives of
these programs within a currently established time schedule.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``Recovery Implementation Programs'' means the
intergovernmental programs established pursuant to the 1988
Cooperative Agreement to implement the Recovery Implementation
Program for the Endangered Fish Species in the Upper Colorado
River dated September 29, 1987, and the 1992 Cooperative
Agreement to implement the San Juan River Recovery
Implementation Program dated October 21, 1992, and as they may
be amended by the parties thereto;
(2) the term ``Secretary'' means the Secretary of the
Interior;
(3) the term ``Upper Division States'' means the States of
Colorado, New Mexico, Utah, and Wyoming;
(4) the term ``Endangered Species Act'' means the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and any
Federal regulation implementing the Endangered Species Act;
(5) the term ``Reclamation'' means the U.S. Bureau of
Reclamation;
(6) the term ``Service'' means the U.S. Fish and Wildlife
Service;
(7) the term ``Indian Affairs'' means the U.S. Bureau of
Indian Affairs;
(8) the term ``Bureau'' means the U.S. Bureau of Land
Management;
(9) the term ``capital projects'' means planning, design,
permitting or other compliance, construction, construction
management, and replacement of facilities, and the acquisition
of interests in land or water, as necessary to carry out the
Recovery Implementation Programs;
(10) the term ``facilities'' includes facilities for the
genetic conservation or propagation of the endangered fishes,
those for the restoration of floodplain habitat or fish
passage, those for regulation or supply of instream flows, and
those for the removal or translocation of nonnative fishes;
(11) the term ``interests in land and water'' includes
long-term leases and easements, and long-term enforcement or
other agreements protecting instream flows;
(12) the term ``base funding'' means funding for operation
and maintenance of capital projects, implementation of recovery
actions other than capital projects, monitoring and research to
evaluate the need for or effectiveness of any recovery action,
and program management, as necessary to carry out the Recovery
Implementation Programs. Base funding also includes annual
funding provided under the terms of the 1988 Cooperative
Agreement and the 1992 Cooperative Agreement; and
(13) the term ``recovery actions other than capital
projects'' includes short-term leases and agreements for
interests in land, water, and facilities; the reintroduction or
augmentation of endangered fish stocks; and the removal,
translocation, or other control of nonnative fishes.
SEC. 4. AUTHORIZATION TO FUND RECOVERY PROGRAMS.
(a) Cost of Capital Projects.--The costs of the capital projects
undertaken for the Recovery Implementation Programs shall not exceed
$100,000,000.
(1) For the Recovery Implementation Program for Endangered
Fish Species in the Upper Colorado River Basin through the year
2003, such costs shall not exceed $82,000,000.
(2) For the San Juan River Recovery Implementation Program
through the year 2007, such costs shall not exceed $18,000,000.
(3) These costs will be adjusted for inflation.
(b) Authorization for Appropriations for Federal Participation in
Capital Projects.--There is hereby authorized to be appropriated to the
Secretary, acting through Reclamation, $46,000,000 to undertake capital
projects pursuant to this Act. Such funds shall be considered a
nonreimbursable Federal expenditure.
(1) The authority of the Secretary to request
appropriations to implement capital projects for the Recovery
Implementation Program for Endangered Fish Species in the Upper
Colorado River Basin shall expire in the year 2003 unless
reauthorized by an Act of Congress.
(2) The authority of the Secretary to request
appropriations to implement the capital projects for the San
Juan River Basin Recovery Implementation Program shall expire
in the year 2007 unless reauthorized by an Act of Congress.
(c) Non-Federal Contributions to Capital Projects.--(1) The
Secretary, acting through Reclamation, may enter into agreements with
the Upper Division States, political subdivisions or organizations
within the Upper Division States which contribute to the payment of
capital project costs. Such non-Federal contributions shall not exceed
$17,000,000.
(2) In addition to the contribution described in 4(c)(1), the
Secretary may utilize power revenues collected pursuant to the Colorado
River Storage Project Act to carry out the purposes of this Act. Such
funds shall be treated as reimbursable costs assigned to power for
repayment under section 5 of the Colorado River Storage Project Act.
This additional contribution shall not exceed $17,000,000. Such funds
shall be considered a non-Federal contribution for the purposes of this
Act. The additional funding provided pursuant to this provision may be
provided through a loan or loans from the Colorado Water Conservation
Board Construction Fund (37-60-121 C.R.S.) to the Secretary of Energy
to replace revenues which would otherwise be used for project
repayments. The Secretary is authorized to repay such loan or loans
from power revenues, subject to an agreement between the Colorado Water
Conservation Board and the Secretary of Energy. The agreement shall
include provisions designed to minimize future increases in electrical
power rates and ensure that a lump-sum repayment, which includes
principal and interest, is paid to the Colorado Water Conservation
Board no later than October 31, 2057.
(3) All contributions made pursuant to subsection (c)(1) and (c)(2)
shall be in addition to the cost of replacement power purchased due to
modifying the operation of the Colorado River Storage Project and the
capital value of water from Wolford Mountain Reservoir in Colorado.
Such contributions shall not exceed $20,000,000.
(d) Base Funding.--The Secretary may utilize power revenues
collected pursuant to the Colorado River Storage Project Act for the
annual base funding contributions to the Recovery Implementation
Programs by Reclamation. Such funding will be treated as being
nonreimbursable and as having been repaid and returned to the general
fund of the Treasury as costs assigned to power for repayment under
section 5 of the Colorado River Storage Project Act.
(1) For the Recovery Implementation Program for the
Endangered Fish Species in the Upper Colorado River Basin, such
contributions shall not exceed $4,000,000 per year.
(2) For the San Juan River Recovery Implementation Program,
such contributions shall not exceed $2,000,000 per year.
These limits on the annual contributions to base funding will be
adjusted for inflation. Any transfer of funds within these limits to
the Service shall not be subject to transfer fees. No later than
December 31, 2010, the Secretary shall submit a report on the
utilization of power revenues to the Subcommittee on Energy and Water
Development for the Senate and House Committee on Appropriations. The
Secretary shall also make a recommendation regarding the need for
additional funding that may be required to fulfill the goals of the
Recovery Implementation Programs. Nothing in this Act shall otherwise
modify or amend existing agreements among participants regarding base
funding and depletion fees for the Recovery Implementation Programs.
The Secretary of Energy and Reclamation shall maintain sufficient
revenues in the Colorado River Basin Fund to meet their obligations to
provide base funding in accordance with this provision.
(e) Authority To Retain Appropriated Funds.--At the end of each
fiscal year any unexpended appropriated funds for capital projects
shall be retained for use in future fiscal years. Unexpended funds
which are carried over shall continue to be used to implement the
capital projects needed for the Recovery Implementation Programs.
(f) Additional Authority.--The Secretary may enter into agreements
and contracts with Federal and non-Federal entities; acquire and
transfer interests in land, water and facilities; and accept or give
grants in order to carry out the purposes of this Act.
(g) Indian Trust Assets.--As much of the potential water
development in the San Juan River Basin is for the benefit of Indian
tribes and most of the federally designated critical habitat for the
endangered fish species in the basin is on Indian trust lands, nothing
in this Act shall be construed to restrict the Secretary from funding
activities or capital items in accordance with the Federal Government's
Indian trust responsibility.
SEC. 5. EFFECT ON RECLAMATION LAW.
Construction of facilities and acquisition of land and water
interests as contemplated herein shall not render these facilities or
land and water interests or associated processes and procedures subject
to the Reclamation Act of 1902, as amended. | Upper Colorado River and San Juan River Endangered Fish Recovery Act of 1998 - Limits to $100 million the costs of capital projects undertaken for the Upper Colorado and San Juan River recovery implementation programs (as agreed to in 1988).
Authorizes appropriations to the Secretary of the Interior, acting through the Bureau of Reclamation, to undertake capital projects under this Act. Terminates in 2003 and 2007, respectively, the authority of the Secretary to request appropriations to implement such projects for the recovery programs in the Upper Colorado and San Juan River basins. Authorizes the Secretary to: (1) enter into agreements for non-federal contributions to project costs; and (2) utilize for such projects power revenues collected pursuant to the Colorado River Storage Project Act. Limits such contributions with respect to each recovery program. Requires the Secretary to report to specified committees and subcommittees on the utilization of such power revenues.
Authorizes the retention of appropriated but unexpended project funds for use in future fiscal years.
States that nothing in this Act shall restrict the Secretary from funding activities or capital items in accordance with the Federal Government's Indian trust responsibility. | Upper Colorado River and San Juan River Endangered Fish Recovery Act of 1998 |
908 | SECTION 1. ESTABLISHMENT OF INITIATIVE FOR FOOD AND OTHER ASSISTANCE
FOR INDIVIDUALS IN INDONESIA AND SOUTHEAST ASIA AFFECTED
BY THE ASIAN FINANCIAL CRISIS.
(a) Establishment of Initiative.--
(1) In general.--The Administrator of the United States
Agency for International Development, in coordination with the
Secretary of Agriculture, shall establish an initiative for
food and other assistance for individuals in Indonesia and
Southeast Asia who are affected by the Asian financial crisis.
(2) Conduct of food security elements of initiative.--In
carrying out the food security elements of the initiative
described in paragraph (1), the Administrator--
(A) shall establish, where appropriate,
agricultural commodity distribution technical
assistance, agricultural research, extension, farmer-
to-farmer, and food assistance programs; and
(B) shall provide assistance to nongovernmental
organizations, including private voluntary
organizations and cooperatives, for programs to provide
food assistance in accordance with subsection (b).
(b) Assistance to Nongovernmental Organizations.--
(1) Request for funds.--In order to receive funds made
available under subsection (a)(2)(B), a nongovernmental
organization, private voluntary organizations, or cooperative
shall submit a request for funds in accordance with section
202(e) of the Agricultural Trade Development and Assistance Act
of 1954 (7 U.S.C. 1722(e)).
(2) Approval/disapproval procedures.--A request for funds
submitted by a nongovernmental organization, private voluntary
organizations, or cooperative under paragraph (1) shall be
approved or disapproved by the Administrator of the United
States Agency for International Development in accordance with
approval and disapproval procedures applicable to programs
under title II of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1721 et seq.).
(c) Duration of Programs.--A program described in subsection (a)
may be conducted for a period not to exceed 4 years.
(d) Funding.--
(1) Overall funding of initiative.--
(A) In general.--Of the amounts made available for
fiscal year 1999 for assistance under chapter 1 of part
I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.; relating to development assistance) and
chapter 4 of part II of such Act (22 U.S.C. 2346 et
seq.; relating to the economic support fund),
$100,000,000 shall be made available for such fiscal
year to carry out subsection (a)(2)(A).
(B) Sub-earmarks.--Of the amount available under
subparagraph (A)--
(i) not less than 50 percent shall be made
available to address food, medical, fuel, and
other shortages in Indonesia and Southeast
Asia, and for such other immediate and
inexpensive actions that can expedite the
distribution of items to address such
shortages;
(ii) not less than 80 percent of the amount
of assistance made available for Indonesia
shall be made available, administered, or
distributed through indigenous nongovernmental
or private voluntary organizations;
(iii) not less than $6,000,000 shall be
made available to support the development of
political institutions and parties in Indonesia
and Southeast Asia;
(iv) not less than $8,000,000 shall be made
available to improve transparency and
regulation of banking, financial, insurance,
and securities institutions in Indonesia and
Southeast Asia; and
(v) not less than $8,000,000 shall be made
available to support legal and judicial reforms
in Indonesia and Southeast Asia.
(2) Assistance to nongovernmental organizations.--Of the
amounts made available for fiscal year 1999 for assistance
under title II of the Agricultural Trade Development and
Assistance Act of 1954, not less than $60,000,000 shall be made
available for such fiscal year to carry out subsection
(a)(2)(B).
(3) Availability of amounts.--Amounts made available under
paragraphs (1) and (2) are authorized to remain available until
expended. | Directs the Administrator of the U.S. Agency for International Development (AID) to establish an initiative for food and other assistance for individuals in Indonesia and Southeast Asia affected by the Asian financial crisis.
Directs the Administrator of AID, in carrying out the food security elements of the initiative, to: (1) establish, where appropriate, agricultural commodity distribution technical assistance, agricultural research, extension, farmer-to-farmer, and food assistance programs; and (2) provide assistance to nongovernmental organizations, including private voluntary organizations and cooperatives, for programs (of up to four years in duration) to provide food assistance under this Act.
Earmarks certain developmental and agricultural assistance and economic support fund assistance for the food security initiative, including assistance for: (1) food, medical, fuel, and other shortages in Indonesia and Southeast Asia; (2) developing political institutions and parties in Indonesia and Southeast Asia; (3) improvement of transparency and regulation of banking, financial, insurance, and securities institutions; and (4) support of legal and judicial reforms. Requires that at least 80 percent of the assistance to Indonesia be administered or distributed through indigenous nongovernmental or private voluntary organizations. | To establish an initiative for food and other assistance for individuals in Indonesia and Southeast Asia who are affected by the Asian financial crisis. |
909 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Lending Enhancement and
Regulatory Relief Act of 2017'' or the ``CLEAR Relief Act of 2017''.
SEC. 2. COMMUNITY BANK EXEMPTION FROM ANNUAL MANAGEMENT ASSESSMENT OF
INTERNAL CONTROLS REQUIREMENT OF THE SARBANES-OXLEY ACT
OF 2002.
Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is
amended by adding at the end the following:
``(d) Community Bank Exemption.--
``(1) Definitions.--In this subsection--
``(A) the term `bank holding company' has the
meaning given the term in section 2 of the Bank Holding
Company Act of 1956 (12 U.S.C. 1841);
``(B) the term `insured depository institution' has
the meaning given the term in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813); and
``(C) the term `savings and loan holding company'
has the meaning given the term in section 10(a) of the
Home Owners' Loan Act (12 U.S.C. 1467a(a)).
``(2) In general.--This section and the rules prescribed
under this section shall not apply in any fiscal year to any
bank holding company, savings and loan holding company, or
insured depository institution that, as of the end of the
preceding fiscal year, had total consolidated assets of
$1,000,000,000 or less.
``(3) Adjustment of amount.--The Commission shall annually
adjust the dollar amount in paragraph (1) by an amount equal to
the percentage increase, for the most recent year, in total
assets held by all bank holding companies, savings and loan
holding companies, and insured depository institutions, as
reported by the Federal Deposit Insurance Corporation.''.
SEC. 3. ESCROW REQUIREMENTS RELATING TO CERTAIN CONSUMER CREDIT
TRANSACTIONS.
Section 129D(c) of the Truth in Lending Act (15 U.S.C. 1639d(c)) is
amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and adjusting the
margins accordingly;
(2) by striking ``The Bureau'' and inserting the following:
``(1) In general.--The Bureau''; and
(3) by adding at the end the following:
``(2) Treatment of loans held by smaller institutions.--The
Bureau shall, by regulation, exempt from the requirements of
subsection (a) any loan secured by a first lien on the
principal dwelling of a consumer, if such loan is held by an
insured depository institution having assets of $10,000,000,000
or less.''.
SEC. 4. MINIMUM STANDARDS FOR RESIDENTIAL MORTGAGE LOANS.
Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C.
1639c(b)(2)) is amended by adding at the end the following:
``(F) Safe harbor.--
``(i) In general.--In this section--
``(I) the term `qualified mortgage'
includes any mortgage loan that is
originated and retained in portfolio
for a period of not less than 3 years
by a depository institution together
with its affiliates has less than
$10,000,000,000 in total consolidated
assets; and
``(II) loans described in subclause
(I) shall be deemed to meet the
requirements of subsection (a).
``(ii) Exception for certain transfer.--In
the case of a depository institution that
transfers a loan originated by that institution
to another depository institution by reason of
the bankruptcy or failure of the originating
depository institution or the purchase of the
originating depository institution, the
depository institution acquiring the loan shall
be deemed to have complied with the requirement
under clause (i)(I).''.
SEC. 5. EXEMPTION FROM VOLCKER RULE.
Section 13(h)(1) of the Bank Holding Company Act of 1956 (12 U.S.C.
1851(h)(1)) is amended--
(1) in subparagraph (D), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively;
(2) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv), respectively;
(3) by striking ``institution that functions solely in a
trust or fiduciary capacity, if--'' and inserting the
following: ``institution--
``(A) that functions solely in a trust or fiduciary
capacity, if--''; and
(4) in clause (iv)(II), as redesignated, by striking the
period at the end and inserting the following: ``; or
``(B) with total consolidated assets of
$10,000,000,000 or less.''.
SEC. 6. NO WAIT FOR LOWER MORTGAGE RATES.
(a) In General.--Section 129(b) of the Truth in Lending Act (15
U.S.C. 1639(b)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) No wait for lower rate.--If a creditor extends to a
consumer a second offer of credit with a lower annual
percentage rate, the transaction may be consummated without
regard to the period specified in paragraph (1).''.
(b) Safe Harbor for Good Faith Compliance With TILA-RESPA
Integrated Disclosure Rule.--Section 1032(f) of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5532(f)) is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than''; and
(2) by adding at the end the following:
``(2) Safe harbor for good faith compliance.--
``(A) Safe harbor.--Notwithstanding any other
provision of law, during the period described in
subparagraph (B), an entity that provides the
disclosures required under the Truth in Lending Act (15
U.S.C. 1601 et seq.) and sections 4 and 5 of the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C.
2603 and 2604), as in effect on July 31, 2017, shall
not be subject to any civil, criminal, or
administrative action or penalty for failure to fully
comply with any requirement under this subsection.
``(B) Applicable period.--Subparagraph (A) shall
apply to an entity during the period beginning on the
date of enactment of this paragraph and ending on the
date that is 30 days after the date on which a
certification by the Director that the model
disclosures required under paragraph (1) are accurate
and in compliance with all State laws is published in
the Federal Register.''. | Community Lending Enhancement and Regulatory Relief Act of 2017 or the CLEAR Relief Act of 2017 This bill amends the Sarbanes-Oxley Act of 2002 to exempt from specified reporting and attestation requirements a community bank with assets of $1 billion or less. The bill amends the Truth in Lending Act to exempt from certain escrow requirements and residential mortgage loan standards a residential mortgage loan held by a depository institution with assets of $10 billion or less. The bill further amends that Act, as well as the Consumer Protection Act of 2010, to exempt certain creditors from specified disclosure requirements. In addition, the bill amends the Bank Holding Company Act of 1956 to exempt from the Volcker Rule a depository institution with assets of $10 billion or less. (The Volcker Rule prohibits banking agencies from engaging in proprietary trading or entering into certain relationships with hedge funds and private-equity funds.) | Community Lending Enhancement and Regulatory Relief Act of 2017 |
910 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Portfolio Lending and Mortgage
Access Act''.
SEC. 2. MINIMUM STANDARDS FOR RESIDENTIAL MORTGAGE LOANS.
Section 129C(b) of the Truth in Lending Act (15 U.S.C. 1639c(b)) is
amended by adding at the end the following:
``(4) Safe harbor.--
``(A) In general.--A residential mortgage loan
shall be deemed a qualified mortgage loan for purposes
of this subsection if the loan--
``(i) is originated by, and continuously
retained in the portfolio of, a covered
institution;
``(ii) is in compliance with the
limitations with respect to prepayment
penalties described in subsections (c)(1) and
(c)(3);
``(iii) is in compliance with the
requirements related to points and fees under
paragraph (2)(A)(vii);
``(iv) does not have negative amortization
terms or interest-only terms; and
``(v) is a loan for which the covered
institution considers, documents, and verifies
the debt, income, and financial resources of
the consumer in accordance with subparagraph
(C).
``(B) Exception for certain transfers.--
Subparagraph (A) shall not apply to a residential
mortgage loan if the legal title to such residential
mortgage loan is sold, assigned, or otherwise
transferred to another person unless the legal title to
such residential mortgage loan is sold, assigned, or
otherwise transferred--
``(i) to another person by reason of the
bankruptcy or failure of the covered
institution that originated such loan;
``(ii) to an insured depository institution
or insured credit union that has less than
$10,000,000,000 in total consolidated assets on
the date of such sale, assignment, or transfer,
if the loan is retained in portfolio by such
insured depository institution or insured
credit union;
``(iii) pursuant to a merger of the covered
institution that originated such loan with
another person or the acquisition of a the
covered institution that originated such loan
by another person or of another person by a
covered institution, if the loan is retained in
portfolio by the person to whom the loan is
sold, assigned, or otherwise transferred; or
``(iv) to a wholly owned subsidiary of the
covered institution that originated such loan
if the loan is considered to be an asset of
such covered institution for regulatory
accounting purposes.
``(C) Consideration and documentation
requirements.--The consideration and documentation
requirements described in subparagraph (A)(v) shall--
``(i) not be construed to require
compliance with, or documentation in accordance
with, appendix Q to part 1026 of title 12, Code
of Federal Regulations, or any successor
regulation; and
``(ii) be construed to permit multiple
methods of documentation.
``(D) Definitions.--In this paragraph--
``(i) the term `covered institution' means
an insured depository institution or an insured
credit union that, together with its
affiliates, has less than $10,000,000,000 in
total consolidated assets on the date on the
origination of a residential mortgage loan;
``(ii) the term `insured credit union' has
the meaning given the term in section 101 of
the Federal Credit Union Act (12 U.S.C. 1752);
``(iii) the term `insured depository
institution' has the meaning given the term in
section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813);
``(iv) the term `interest-only term' means
a term of a residential mortgage loan that
allows one or more of the periodic payments
made under the loan to be applied solely to
accrued interest and not to the principal of
the loan; and
``(v) the term `negative amortization term'
means a term of a residential mortgage loan
under which the payment of periodic payments
will result in an increase in the principal of
the loan.''.
Passed the House of Representatives March 6, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Portfolio Lending and Mortgage Access Act (Sec. 2) This bill amends the Truth in Lending Act to allow a depository institution or credit union with assets below a specified threshold to forgo certain ability-to-pay requirements regarding residential mortgage loans. Specifically, those requirements are waived if a loan: (1) is originated by and continuously retained by the institution, (2) complies with requirements regarding prepayment penalties and points and fees, and (3) does not have negative amortization or interest-only terms. Furthermore, for such requirements to be waived, the institution must consider and verify the debt, income, and financial resources of the consumer. The bill also provides for circumstances in which such requirements shall be waived with respect to a loan that is transferred: (1) by reason of bankruptcy or failure of the originating institution, (2) to a similar institution, (3) in the event of a merger, or (4) to a wholly owned subsidiary of the institution. | Portfolio Lending and Mortgage Access Act |
911 | SECTION 1. IMPORTATION OF PRESCRIPTION DRUGS.
(a) In General.--Chapter VIII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381 et seq.) is amended by striking section 804
and inserting the following:
``SEC. 804. IMPORTATION OF PRESCRIPTION DRUGS.
``(a) Definitions.--In this section:
``(1) Importer.--The term `importer' means a pharmacist or
wholesaler.
``(2) Pharmacist.--The term `pharmacist' means a person
licensed by a State to practice pharmacy, including the
dispensing and selling of prescription drugs.
``(3) Prescription drug.--The term `prescription drug'
means a drug subject to section 503(b), other than--
``(A) a controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802));
``(B) a biological product (as defined in section
351 of the Public Health Service Act (42 U.S.C. 262));
``(C) an infused drug (including a peritoneal
dialysis solution);
``(D) an intravenously injected drug;
``(E) a drug that is inhaled during surgery; or
``(F) a drug which is a parenteral drug, the
importation of which pursuant to subsection (b) is
determined by the Secretary to pose a threat to the
public health, in which case section 801(d)(1) shall
continue to apply.
``(4) Qualifying laboratory.--The term `qualifying
laboratory' means a laboratory in the United States that has
been approved by the Secretary for the purposes of this
section.
``(5) Wholesaler.--
``(A) In general.--The term `wholesaler' means a
person licensed as a wholesaler or distributor of
prescription drugs in the United States under section
503(e)(2)(A).
``(B) Exclusion.--The term `wholesaler' does not
include a person authorized to import drugs under
section 801(d)(1).
``(b) Regulations.--The Secretary, after consultation with the
United States Trade Representative and the Commissioner of Customs,
shall promulgate regulations permitting pharmacists and wholesalers to
import prescription drugs from Canada into the United States.
``(c) Limitation.--The regulations under subsection (b) shall--
``(1) require that safeguards be in place to ensure that
each prescription drug imported under the regulations complies
with section 505 (including with respect to being safe and
effective for the intended use of the prescription drug), with
sections 501 and 502, and with other applicable requirements of
this Act;
``(2) require that an importer of a prescription drug under
the regulations comply with subsections (d)(1) and (e); and
``(3) contain any additional provisions determined by the
Secretary to be appropriate as a safeguard to protect the
public health or as a means to facilitate the importation of
prescription drugs.
``(d) Information and Records.--
``(1) In general.--The regulations under subsection (b)
shall require an importer of a prescription drug under
subsection (b) to submit to the Secretary the following
information and documentation:
``(A) The name and quantity of the active
ingredient of the prescription drug.
``(B) A description of the dosage form of the
prescription drug.
``(C) The date on which the prescription drug is
shipped.
``(D) The quantity of the prescription drug that is
shipped.
``(E) The point of origin and destination of the
prescription drug.
``(F) The price paid by the importer for the
prescription drug.
``(G) Documentation from the foreign seller
specifying--
``(i) the original source of the
prescription drug; and
``(ii) the quantity of each lot of the
prescription drug originally received by the
seller from that source.
``(H) The lot or control number assigned to the
prescription drug by the manufacturer of the
prescription drug.
``(I) The name, address, telephone number, and
professional license number (if any) of the importer.
``(J)(i) In the case of a prescription drug that is
shipped directly from the first foreign recipient of
the prescription drug from the manufacturer:
``(I) Documentation demonstrating that the
prescription drug was received by the recipient
from the manufacturer and subsequently shipped
by the first foreign recipient to the importer.
``(II) Documentation of the quantity of
each lot of the prescription drug received by
the first foreign recipient demonstrating that
the quantity being imported into the United
States is not more than the quantity that was
received by the first foreign recipient.
``(III)(aa) In the case of an initial
imported shipment, documentation demonstrating
that each batch of the prescription drug in the
shipment was statistically sampled and tested
for authenticity and degradation.
``(bb) In the case of any subsequent
shipment, documentation demonstrating that a
statistically valid sample of the shipment was
tested for authenticity and degradation.
``(ii) In the case of a prescription drug that is
not shipped directly from the first foreign recipient
of the prescription drug from the manufacturer,
documentation demonstrating that each batch in each
shipment offered for importation into the United States
was statistically sampled and tested for authenticity
and degradation.
``(K) Certification from the importer or
manufacturer of the prescription drug that the
prescription drug--
``(i) is approved for marketing in the
United States and is not adulterated or
misbranded; and
``(ii) meets all labeling requirements
under this Act.
``(L) Laboratory records, including complete data
derived from all tests necessary to ensure that the
prescription drug is in compliance with established
specifications and standards.
``(M) Documentation demonstrating that the testing
required by subparagraphs (J) and (L) was conducted at
a qualifying laboratory.
``(N) Any other information that the Secretary
determines is necessary to ensure the protection of the
public health.
``(2) Maintenance by the secretary.--The Secretary shall
maintain information and documentation submitted under
paragraph (1) for such period of time as the Secretary
determines to be necessary.
``(e) Testing.--The regulations under subsection (b) shall
require--
``(1) that testing described in subparagraphs (J) and (L)
of subsection (d)(1) be conducted by the importer or by the
manufacturer of the prescription drug at a qualified
laboratory;
``(2) if the tests are conducted by the importer--
``(A) that information needed to--
``(i) authenticate the prescription drug
being tested; and
``(ii) confirm that the labeling of the
prescription drug complies with labeling
requirements under this Act;
be supplied by the manufacturer of the prescription
drug to the pharmacist or wholesaler; and
``(B) that the information supplied under
subparagraph (A) be kept in strict confidence and used
only for purposes of testing or otherwise complying
with this Act; and
``(3) may include such additional provisions as the
Secretary determines to be appropriate to provide for the
protection of trade secrets and commercial or financial
information that is privileged or confidential.
``(f) Registration of Foreign Sellers.--Any establishment within
Canada engaged in the distribution of a prescription drug that is
imported or offered for importation into the United States shall
register with the Secretary the name and place of business of the
establishment and the name of the United States agent for the
establishment.
``(g) Suspension of Importation.--The Secretary shall require that
importations of a specific prescription drug or importations by a
specific importer under subsection (b) be immediately suspended on
discovery of a pattern of importation of that specific prescription
drug or by that specific importer of drugs that are counterfeit or in
violation of any requirement under this section, until an investigation
is completed and the Secretary determines that the public is adequately
protected from counterfeit and violative prescription drugs being
imported under subsection (b).
``(h) Approved Labeling.--The manufacturer of a prescription drug
shall provide an importer written authorization for the importer to
use, at no cost, the approved labeling for the prescription drug.
``(i) Charitable Contributions.--Notwithstanding any other
provision of this section, section 801(d)(1) continues to apply to a
prescription drug that is donated or otherwise supplied at no charge by
the manufacturer of the drug to a charitable or humanitarian
organization (including the United Nations and affiliates) or to a
government of a foreign country.
``(j) Waiver Authority for Importation by Individuals.--
``(1) Declarations.--Congress declares that in the
enforcement against individuals of the prohibition of
importation of prescription drugs and devices, the Secretary
should--
``(A) focus enforcement on cases in which the
importation by an individual poses a significant threat
to public health; and
``(B) exercise discretion to permit individuals to
make such importations in circumstances in which--
``(i) the importation is clearly for
personal use; and
``(ii) the prescription drug or device
imported does not appear to present an
unreasonable risk to the individual.
``(2) Waiver authority.--
``(A) In general.--The Secretary may grant to
individuals, by regulation or on a case-by-case basis,
a waiver of the prohibition of importation of a
prescription drug or device or class of prescription
drugs or devices, under such conditions as the
Secretary determines to be appropriate.
``(B) Guidance on case-by-case waivers.--The
Secretary shall publish, and update as necessary,
guidance that accurately describes circumstances in
which the Secretary will consistently grant waivers on
a case-by-case basis under subparagraph (A), so that
individuals may know with the greatest practicable
degree of certainty whether a particular importation
for personal use will be permitted.
``(3) Drugs imported from canada.--In particular, the
Secretary shall by regulation grant individuals a waiver to
permit individuals to import into the United States a
prescription drug that--
``(A) is imported from a licensed pharmacy for
personal use by an individual, not for resale, in
quantities that do not exceed a 90-day supply;
``(B) is accompanied by a copy of a valid
prescription;
``(C) is imported from Canada, from a seller
registered with the Secretary;
``(D) is a prescription drug approved by the
Secretary under chapter V;
``(E) is in the form of a final finished dosage
that was manufactured in an establishment registered
under section 510; and
``(F) is imported under such other conditions as
the Secretary determines to be necessary to ensure
public safety.
``(k) Construction.--Nothing in this section limits the authority
of the Secretary relating to the importation of prescription drugs,
other than with respect to section 801(d)(1) as provided in this
section.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
(b) Conforming Amendments.--The Federal Food, Drug, and Cosmetic
Act is amended--
( | Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States. Sets forth specified provisions respecting: (1) importer and foreign seller recordkeeping and information requirements; (2) qualified laboratory drug testing; (3) registration with the Secretary of Canadian sellers; and (4) approved labeling.
Declares that the Secretary should: (1) focus enforcement on cases in which individual importation poses a significant public health threat; and (2) exercise discretion to permit individuals to make such importation for non-risk personal use.
Authorizes the Secretary to grant individuals a waiver of the prohibition of importation of a prescription drug or device. Directs the Secretary to grant individuals a waiver of such prohibition for an approved prescription drug imported from Canada that is: (1) imported from a licensed pharmacy for not more than 90-day personal use; (2) accompanied by a valid prescription; (3) in a final finished dosage that was manufactured in a registered establishment; and (4) imported under such other conditions as the Secretary determines necessary to ensure public safety. | To amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of prescription drugs. |
912 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lance Corporal Jose Gutierrez Act of
2008''.
SEC. 2. FACILITATING NATURALIZATION FOR MILITARY PERSONNEL.
(a) In General.--Any person who served honorably as a member of the
Armed Forces in support of contingency operations (as defined in
section 101(a)(13) of title 10, United States Code) shall be eligible
for naturalization pursuant to section 329 of the Immigration and
Nationality Act (8 U.S.C. 1440) as if the person had served during a
period designated by the President under such section 329.
(b) Naturalization Through Service in the Armed Forces of the
United States.--Section 328 of the Immigration and Nationality Act (8
U.S.C. 1439) is amended--
(1) in subsection (a), by striking ``six months'' and
inserting ``one year'';
(2) by striking subsection (c);
(3) in subsection (d), by striking ``six months'' and
inserting ``one year''; and
(4) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
SEC. 3. FACILITATING REMOVAL OF CONDITIONAL STATUS FOR MILITARY
PERSONNEL AND THEIR FAMILIES.
(a) Period for Filing Petition.--Section 216(d)(2) of the
Immigration and Nationality Act (8 U.S.C. 1186a(d)(2)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B),''
and inserting ``subparagraphs (B) and (D),''; and
(2) by adding at the end the following:
``(D) Filing of petitions during military
service.--In the case of an alien who is serving as a
member of the Selected Reserve of the Ready Reserve or
in an active-duty status in the military, air, or naval
forces of the United States during the 90-day period
described in subparagraph (A), the alien may file the
petition under subsection (c)(1)(A) during the 6-month
period beginning on the date on which the alien is
discharged from such service.''.
(b) Requirements of Timely Petition and Interview for Removal of
Condition.--Section 216(c)(1)(B) of the Immigration and Nationality Act
(8 U.S.C. 1186a(a)(1)) is amended by inserting ``or serving in the
Armed Forces at the time of the interview'' after ``deceased''.
SEC. 4. FACTORS TO CONSIDER IN INITIATING REMOVAL PROCEEDINGS AGAINST
ACTIVE DUTY MILITARY PERSONNEL OR VETERANS.
Section 239 of the Immigration and Nationality Act (8 U.S.C. 1229a)
is amended by adding at the end the following:
``(f)(1) A notice to appear shall not be issued against an alien
who served honorably at any time in the Armed Forces of the United
States, and who, if separated from such service, separated under
honorable conditions, without prior approval from the Director of the
United States Citizenship and Immigration Services or the Assistant
Secretary of Homeland Security for U.S. Immigration and Customs
Enforcement.
``(2) In determining whether to issue a notice to appear against
such an alien, the Director or the Assistant Secretary shall consider
the alien's eligibility for naturalization under section 328 or 329, as
well as the alien's record of military service, grounds of
deportability applicable to the alien, and any hardship to the Armed
Services, the alien, and his or her family if the alien were to be
placed in removal proceedings.
``(3) An alien who served honorably at any time in the Armed Forces
of the United States, and who, if separated from such service,
separated under honorable conditions, shall not be removed from the
United States under subparagraph (A)(i) or (B)(iii) of section
235(b)(1), section 238, or section 241(a)(5).''.
SEC. 5. DISCRETIONARY RELIEF FOR ACTIVE DUTY MILITARY PERSONNEL,
VETERANS, AND FAMILY MEMBERS IN REMOVAL PROCEEDINGS.
(a) Grounds of Inadmissibility.--Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended by inserting after
subsection (b) the following:
``(c) Military Service Personnel and Family Members.--
``(1) In general.--With respect to an alien who served
honorably at any time in the Armed Forces of the United States,
and who, if separated from such service, separated under
honorable conditions, or an alien who is the spouse, child,
son, daughter, parent, or minor sibling of a member serving in
the Armed Forces of the United States--
``(A) paragraphs (4), (5), (6)(A), (7)(A), and
(9)(B) of subsection (a) shall not apply;
``(B) the Secretary of Homeland Security, or the
Attorney General, shall not waive--
``(i) subsection (a)(2)(B), if the alien
actually was incarcerated for 5 years or more
for the offenses described in such subsection;
``(ii) subparagraph (C), (D), (G), or (H)
of subsection (a)(2);
``(iii) subparagraph (A), (B), (C), (E), or
(F) of subsection (a)(3);
``(iv) subsection (a)(6)(E);
``(v) subparagraph (A) or (C) of subsection
(a)(10); or
``(vi) subsection (a)(10)(D), if the alien
has received a conviction, award, compromise,
settlement, or injunction for an offense
described in clause (i) of such subsection, and
if the court finds that the alien did not
reasonably believe at the time such violation
that the alien was a citizen; and
``(C) the Secretary of Homeland Security, or the
Attorney General, may waive any other provision of
subsection (a).
``(2) Waiver factors.--In making a determination under
paragraph (1)(C), the following factors may be considered:
``(A) The grounds of inadmissibility applicable to
the alien.
``(B) The alien's service in the United States
military, or the degree to which the alien's removal
would affect a close family member who is serving or
has served in the Armed Forces.
``(C) The length of time the alien has lived in the
United States.
``(D) The degree to which the alien would be
impacted by his or her removal from the United States.
``(E) The existence of close family ties within the
United States.
``(F) The degree to which the alien's removal would
adversely affect the alien's United States citizen, or
lawful permanent resident, parents, spouses, children,
sons, daughters, or siblings.
``(G) The alien's history of employment in the
United States, including whether the alien has been
self-employed or has owned a business.
``(H) The degree to which the alien's removal would
adversely affect the alien's United States employer or
business.
``(I) The degree to which the alien has ties to the
alien's community in the United States or has
contributed to the Nation through community, volunteer,
or other activities.''.
(b) Grounds of Deportability.--Section 237 of the Immigration and
Nationality Act (8 U.S.C. 1227) is amended by adding at the end the
following:
``(d) Military Service Personnel and Family Members.--
``(1) In general.--With respect to an alien who served
honorably at any time in the Armed Forces of the United States,
and who, if separated from such service, separated under
honorable conditions, or an alien who is the spouse, child,
son, daughter, parent, or minor sibling of a member serving in
the Armed Forces of the United States--
``(A) paragraphs (1)(D), (3)(A), and (5) of
subsection (a) shall not apply;
``(B) the Secretary of Homeland Security, or the
Attorney General, shall not waive--
``(i) subsection (a)(1)(E);
``(ii) subsection (a)(2)(A)(ii), if the
alien actually was incarcerated for 5 years or
more for the offenses described in such
subsection;
``(iii) subsection (a)(2)(A)(iii), if the
aggravated felony involved was an offense
described in subparagraph (A), (B), (C), (D),
(E)(i), (H), (I), (K)(i), (K)(ii), (K)(iii),
(L)(i), (L)(ii), (L)(iii), (M)(ii), (R), (S),
or (U) of section 101(a)(43);
``(iv) clause (iv) or (v) of subsection
(a)(2)(A);
``(v) clause (i) or (ii) of subsection
(a)(2)(D);
``(vi) subsection (a)(2)(D)(iii), if the
offense is a violation of the Trading With the
Enemy Act;
``(vii) subsection (a)(2)(D)(iv), if the
offense is a violation of section 278;
``(viii) subparagraph (A), (B), (C)(i),
(D), or (E) of subsection (a)(4); or
``(ix) subsection (a)(6)(A), if the alien
has received a conviction, award, compromise,
settlement, or injunction for an offense
described in such subsection, and if the court
finds that the alien did not reasonably believe
at the time such violation that the alien was a
citizen; and
``(C) the Secretary of Homeland Security, or the
Attorney General, may waive any other provision of
subsection (a).
``(2) Waiver factors.--In making a determination under
paragraph (1)(C), the following factors may be considered:
``(A) The grounds of deportability applicable to
the alien.
``(B) The alien's service in the United States
military, or the degree to which the alien's removal
would affect a close family member who is serving or
has served in the Armed Forces.
``(C) The length of time the alien has lived in the
United States.
``(D) The degree to which the alien would be
impacted by his or her removal from the United States.
``(E) The existence of close family ties within the
United States.
``(F) The degree to which the alien's removal would
adversely affect the alien's United States citizen, or
lawful permanent resident, parents, spouses, children,
sons, daughters, or siblings.
``(G) The alien's history of employment in the
United States, including whether the alien has been
self-employed or has owned a business.
``(H) The degree to which the alien's removal would
adversely affect the aliens United States employer or
business.
``(I) The degree to which the alien has ties to the
alien's community in the United States or has
contributed to the Nation through community, volunteer,
or other activities.''.
SEC. 6. TIMELY REUNIFICATION OF MILITARY PERSONNEL AND THEIR NUCLEAR
FAMILIES.
Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended by adding at the end the following:
``(F) Aliens who are eligible for an immigrant visa under
paragraph (2)(A) of section 203(a) and are either the spouse or
child of an alien who is serving in the Armed Forces of the
United States.''.
SEC. 7. RELIEF FOR IMMEDIATE FAMILY MEMBERS OF ACTIVE DUTY PERSONNEL.
(a) In General.--The Secretary of Homeland Security shall adjust
the status of an alien described in subsection (b) to that of an alien
lawfully admitted for permanent residence if the alien--
(1) applies for such adjustment, and is physically present
in the United States on the date the application is filed;
(2) is admissible to the United States as an immigrant,
except as provided in subsection (d); and
(3) pays a fee, as determined by the Secretary, for the
processing of such application.
(b) Eligible Aliens.--
(1) In general.--The benefits provided in subsection (a)
shall apply only to an alien who is a parent, spouse, child,
son or daughter, or minor sibling of an eligible member of the
Armed Forces, as defined in subsection (c).
(2) Posthumous benefits.--An alien described in paragraph
(1) shall continue to be eligible for adjustment under this
section for 2 years after the death of an eligible member of
the Armed Forces whose death was the result of injury or
disease incurred in or aggravated by his or her service in the
Armed Forces.
(c) Eligible Members of the Armed Forces.--In this section,
``eligible member of the Armed Forces'' means any person who--
(1) is serving or has served honorably as a member of the
Selected Reserve of the Ready Reserve or in an active-duty
status in the military, air, or naval forces of the United
States during a period beginning February 28, 1961, and ending
on a date designated by the President by Executive order as of
the date of termination of the Vietnam hostilities, or
thereafter during any other period which the President by
Executive order shall designate as a period in which Armed
Forces of the United States are or were engaged in military
operations involving armed conflict with a hostile foreign
force; and
(2) if separated from the service described in paragraph
(1), was separated under honorable conditions.
(d) Waiver of Certain Grounds of Inadmissibility.--For the purpose
of adjustment of status under this section:
(1) Paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)) shall not apply.
(2) The Secretary of Homeland Security, or the Attorney
General, shall not waive the following provisions of section
212 of the Immigration and Nationality Act (8 U.S.C. 1182):
(A) Subsection (a)(2)(B), if the alien actually was
incarcerated for 5 years or more for the offenses
described in such subsection.
(B) Subparagraph (C), (D), (G), or (H) of
subsection (a)(2).
(C) Subparagraph (A), (B), (C), (E), or (F) of
subsection (a)(3).
(D) Subsection (a)(6)(E).
(E) Subparagraph (A) or (C) of subsection (a)(10).
(F) Subsection (a)(10)(D), if the alien has
received a conviction, award, compromise, settlement,
or injunction for an offense described in clause (i) of
such subsection, and if the court finds that the alien
did not reasonably believe at the time such violation
that the alien was a citizen.
(3) The Secretary of Homeland Security, or the Attorney
General, may waive any other provision of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) for
humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest. | Lance Corporal Jose Gutierrez Act of 2008 - (Sec. 2) States that any person who served honorably as a member of the U.S. Armed Forces (Armed Forces) in support of contingency operations shall be eligible for naturalization as if the person had served during a period of presidentially-designated military hostilities.
Amends the Immigration and Nationality Act to extend the period for filing a naturalization application to one year after completion of eligible military service.
(Sec. 3) Permits a conditional permanent resident alien who is a member of the Selected Reserve or an active-duty member of the Armed Forces to file the petition to remove conditional status during the six month period after service discharge.
Exempts a U.S. citizen soldier who is married to a conditional permanent residents from having to appear at an in-person interview for their spouses' removal of conditional status.
(Sec. 4) Sets forth factors to be considered in initiating removal proceedings against active duty members of the Armed Forces or veterans.
(Sec. 5) Prohibits removal of an alien who is a member or veteran of the Armed Forces based upon: (1) illegal reentry; (2) expedited removal for commission of certain crimes; or (3) inspection for admissions or asylum.
Exempts from specified grounds of inadmissibility or deportation an alien who is: (1) a member of the Armed Forces who has served honorably; (2) a veteran of the Armed Forces who separated under honorable conditions; (3) the spouse, child, son, daughter, parent, or minor sibling of a member of the Armed Forces.
Authorizes the Secretary of Homeland Security or the Attorney General to waive other grounds (with specified exceptions) for such removal. Sets forth waiver factors.
(Sec. 6) Exempts from worldwide immigrant visa numerical limitations an alien who is eligible for a family-sponsored immigrant visa and is either the spouse or child of a permanent resident alien who is serving in the Armed Forces.
(Sec. 7) Directs the Secretary to adjust to permanent resident status an alien who is a parent, spouse, child, son or daughter, or minor sibling of a person who is serving or has served in the Armed Forces honorably during the period beginning February 28, 1961, and ending on a date presidentially-designated as the date of termination of the Vietnam hostilities, or thereafter during any presidentially-designated period of military hostilities.
Permits posthumous benefits under specified circumstances. Waives certain grounds of inadmissibility. | To amend the Immigration and Nationality Act to protect the well-being of soldiers and their families, and for other purposes. |
913 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trisomy 21 Research Centers of
Excellence Act of 2011''.
SEC. 2. NIH DOWN SYNDROME RESEARCH ACTIVITIES.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end of the title the following:
``SEC. 409K. DOWN SYNDROME RESEARCH ACTIVITIES.
``(a) Expansion, Intensification, and Coordination of Activities.--
``(1) In general.--The Director of NIH, acting through the
Director of the Eunice Kennedy Shriver National Institute of
Child Health and Human Development, shall expand and intensify
programs of the National Institutes of Health with respect to
research and related activities concerning Down syndrome. The
Director of NIH shall carry out such programs in coordination
with a working group composed of representatives of the
relevant institutes, centers, offices, and agencies of the
National Institutes of Health.
``(2) NIH research plan on down syndrome.--The Director of
NIH shall publish a research plan on Down syndrome, and update
it every 5 years or as appropriate.
``(b) Centers of Excellence.--
``(1) In general.--In carrying out subsection (a)(1), the
Director of NIH shall award grants and contracts to public or
nonprofit private entities to pay all or part of the cost of
planning, establishing, improving, and providing basic
operating support for centers of excellence regarding
translational research on Down syndrome. To the extent and in
the amount of appropriations made in advance, the Director of
NIH shall provide for the establishment of at least 6 such
centers of excellence.
``(2) Basic, translational, and clinical research.--Each
center receiving funds under paragraph (1) shall contribute to
a comprehensive research portfolio for Down syndrome building
upon the recommendations set forth in the NIH Research Plan on
Down Syndrome published on October 8, 2007, have a primary
focus on Down syndrome, provide an optimal venue and
infrastructure for patient-oriented research, and conduct
basic, clinical, and translational research on Down syndrome,
including research on one or more of the following:
``(A) Early detection, diagnosis, and treatment of
Down syndrome.
``(B) The biological mechanisms responsible for
structural and functional anomalies in cells and
tissues affected by Down syndrome.
``(C) The biological mechanisms responsible for
cognitive and behavioral dysfunction resulting from
Down syndrome.
``(D) Novel biomedical and pharmacological
interventions designed to promote or enhance cognition
and related brain functions and activities of daily
living (ADLs).
``(E) Co-occurrence of and treatments for
associated medical and neurobehavioral disorders.
``(F) Developmental disorders, interventions for
congenital heart disease, obstructive sleep apnea,
coronary heart disease, obesity, and metabolism.
``(G) Contributions of genetic variation to
clinical presentation as targets for therapy.
``(H) Identification of biomarkers for complex
phenotypes.
``(I) Noninvasive imaging in support of efforts
regarding other genotype and phenotypes of Down
syndrome.
``(J) Pharmacological and other therapies for
common features of Down syndrome including Alzheimer's
disease and other Down syndrome-related disorders.
``(K) Research related to improving the quality of
life for individuals with Down syndrome and their
families.
``(L) Research training programs aimed at
increasing the numbers of scientists who are trained to
carry out these research directions.
``(3) Services for patients.--
``(A) In general.--A center receiving funds under
paragraph (1) shall expend amounts provided under such
paragraph to carry out a program to make individuals
aware of opportunities to participate as subjects in
research conducted by the centers receiving funds under
such paragraph.
``(B) Referrals and costs.--A program under
subparagraph (A) shall, in accordance with such
criteria as the Director of NIH may establish, provide
to the subjects described in such subparagraph
referrals for health and other services and such
patient care costs as are required for research.
``(C) Availability and access.--In awarding grants
under this section, the Director of NIH shall require
the applicant to demonstrate, and shall take into
consideration, the availability of and access to health
and medical services described in subparagraph (B).
``(4) Training program for clinicians and scientists.--Each
center receiving funds under paragraph (1) shall establish or
expand training programs for medical and allied health
clinicians and scientists in research relevant to Down
syndrome.
``(5) Coordination of centers; reports.--The Director of
NIH shall--
``(A) provide for the coordination of information
sharing among the centers receiving funds under
paragraph (1) and ensure regular communication among
such centers; and
``(B) require the centers to submit periodic
reports to the Director on their activities.
``(6) Organization of centers.--Each center receiving funds
under paragraph (1) shall use the facilities of a single
institution meeting such requirements as may be prescribed by
the Director of NIH, be formed from a virtual consortium or
network of such institutions, or both.
``(7) Duration of support.--
``(A) In general.--Subject to subparagraph (B), the
Director of NIH may not provide support to a center
receiving funds under paragraph (1) for a period of
more than 5 years.
``(B) Extension.--The period referred to in
subparagraph (A) may be extended for 1 or more
additional periods not exceeding 5 years if--
``(i) the operations of the center have
been reviewed by an appropriate technical and
scientific peer review group established by the
Director of NIH; and
``(ii) such group has recommended to the
Director that such period be extended.
``(c) Down Syndrome Consortium.--In carrying out subsection (a)(1),
the Director of NIH may establish a Down Syndrome Consortium to
facilitate the exchange of information and to make the research effort
on Down syndrome more efficient and effective by assuring consistent
communication, minimizing duplication of effort, and integrating the
varied perspectives of partner agencies, organizations, and
individuals.
``(d) Report to Congress.--Not later than January 1, 2012, and each
January 1 thereafter, the Secretary of Health and Human Services shall
prepare and submit to the appropriate committees of the Congress a
report concerning the implementation of this section.
``(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $6,000,000 for each of fiscal
years 2012 through 2017.''. | Trisomy 21 Research Centers of Excellence of 2011- Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, to expand and intensify NIH programs with respect to research and related activities concerning Down syndrome. Requires the Director of NIH to publish a research plan on Down syndrome and update it every five years or as appropriate.
Requires the Director of NIH to award grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding translational research on Down syndrome. Sets forth requirements for such centers, which shall include: (1) contributing to a comprehensive research portfolio for Down syndrome, (2) having a primary focus on Down syndrome, (3) providing an optimal venue and infrastructure for patient-oriented research, and (4) conducting basic, clinical, and translational research on Down syndrome in specified areas.
Authorizes the Director of NIH to establish a Down Syndrome Consortium to facilitate the exchange of information and to make the research effort on Down syndrome more efficient and effective. | To amend the Public Health Service Act to expand and intensify programs of the National Institutes of Health with respect to translational research and related activities concerning Down syndrome, and for other purposes. |
914 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Election Audit Act of
2008''.
SEC. 2. PAYMENTS FOR CONDUCTING MANUAL AUDITS OF RESULTS OF 2008
GENERAL ELECTIONS.
(a) Payments.--
(1) Eligibility for payments.--If a State conducts manual
audits of the results of any of the regularly scheduled general
elections for Federal office in November 2008 (and, at the
option of the State, conducts audits of elections for State and
local office held at the same time as such election) in
accordance with the requirements of this section, the Election
Assistance Commission (hereafter in this Act referred to as the
``Commission'') shall make a payment to the State in an amount
equal to the documented reasonable costs incurred by the State
in conducting the audits.
(2) Certification of compliance and costs.--
(A) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission, in such form as the Commission may require,
a statement containing--
(i) a certification that the State
conducted the audits in accordance with all of
the requirements of this section;
(ii) a statement of the reasonable costs
incurred in conducting the audits; and
(iii) such other information and assurances
as the Commission may require.
(B) Amount of payment.--The amount of a payment
made to a State under this section shall be equal to
the reasonable costs incurred in conducting the audits.
(C) Determination of reasonableness of costs.--The
determinations under this paragraph of whether costs
incurred by a State are reasonable shall be made by the
Commission.
(3) Timing of payments.--The Commission shall make the
payment required under this section to a State not later than
30 days after receiving the statement submitted by the State
under paragraph (2).
(4) Mandatory immediate reimbursement of counties and other
jurisdictions.--If a county or other jurisdiction responsible
for the administration of an election in a State incurs costs
as the result of the State conducting an audit of the election
in accordance with this section, the State shall reimburse the
county or jurisdiction for such costs immediately upon
receiving the payment from the Commission under paragraph (3).
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Commission such sums as may be
necessary for payments under this section. Any amounts
appropriated pursuant to the authorization under this
subsection shall remain available until expended.
(b) Audit Requirements.--In order to receive a payment under this
section for conducting an audit, the State shall meet the following
minimum requirements:
(1) Not later than 30 days before the date of the regularly
scheduled general election for Federal office in November 2008,
the State shall establish and publish guidelines, standards,
and procedures to be used in conducting audits in accordance
with this section.
(2) The State shall select an appropriate entity to oversee
the administration of the audit, in accordance with such
criteria as the State considers appropriate consistent with the
requirements of this section, except that the entity must meet
a general standard of independence as defined by the State.
(3) The State shall determine whether the units in which
the audit will be conducted will be precincts or some
alternative auditing unit, and shall apply that determination
in a uniform manner for all audits conducted in accordance with
this section.
(4) The State shall select the precincts or alternative
auditing units in which audits are conducted in accordance with
this section in a random manner following the election after
the final unofficial vote count (as defined by the State) has
been announced, such that each precinct or alternative auditing
unit in which the election was held has an equal chance of
being selected, subject to paragraph (9), except that the State
shall ensure that at least one precinct or alternative auditing
unit is selected in each county in which the election is held.
(5) The audit shall be conducted in not less than 2 percent
of the precincts or alternative auditing units in the State (in
the case of a general election for the office of Senator) or
the Congressional district involved (in the case of an election
for the office of Representative in, or Delegate or Resident
Commissioner to, the Congress).
(6) The State shall determine the stage of the tabulation
process at which the audit will be conducted, and shall apply
that determination in a uniform manner for all audits conducted
in accordance with this section, except that the audit shall
commence within 48 hours after the State or jurisdiction
involved announces the final unofficial vote count (as defined
by the State) in each precinct in which votes are cast in the
election which is the subject of the audit.
(7) With respect to each precinct or alternative audit unit
audited, the State shall ensure that a voter verified paper
ballot or paper ballot printout verifiable by the voter at the
time the vote is cast is available for every vote cast in the
precinct or alternative audit unit, and that the tally produced
by counting all of those paper ballots or paper ballot
printouts by hand is compared with the corresponding final
unofficial vote count (as defined by the State) announced with
respect to that precinct or audit unit in the election.
(8) Within each precinct or alternative audit unit, the
audit shall include all ballots cast by all individuals who
voted in or who are under the jurisdiction of the precinct or
alternative audit unit with respect to the election, including
absentee ballots (subject to paragraph (9)), early ballots,
emergency ballots, and provisional ballots, without regard to
the time, place, or manner in which the ballots were cast.
(9) If a State establishes a separate precinct for purposes
of counting the absentee ballots cast in the election and
treats all absentee ballots as having been cast in that
precinct, and if the state does not make absentee ballots
sortable by precinct and include those ballots in the hand
count, the State may divide absentee ballots into audit units
approximately equal in size to the average precinct in the
State in terms of the number of ballots cast, and shall
randomly select and include at least 2 percent of those audit
units in the audit. Any audit carried out with respect to such
an audit unit shall meet the completeness requirement and the
other standards set forth under paragraph (7) and applicable to
audits carried out with respect to other precincts and
alternative audit units, including the requirement that all
paper ballots be counted by hand.
(10) The audit shall be conducted in a public and
transparent manner, such that members of the public are able to
observe the entire process.
(c) Collection and Submission of Audit Results; Publication.--
(1) State submission of report.--In order to receive a
payment under this section, a State shall submit to the
Commission a report, in such form as the Commission may
require, on the results of each audit conducted under this
section.
(2) Commission action.--The Commission may request
additional information from a State based on the report
submitted under paragraph (1).
(3) Publication.--The Commission shall publish each report
submitted under paragraph (1) upon receipt.
(d) Delay in Certification of Results by State.--No State may
certify the results of any election which is subject to an audit under
this section prior to completing the audit, resolving discrepancies
discovered in the audit, and submitting the report required under
subsection (c).
(e) State Defined.--In this Act, the term ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, and the United States Virgin Islands. | Emergency Election Audit Act of 2008 - Requires the Election Assistance Commission to reimburse states for the reasonable costs incurred in conducting manual audits, meeting specified requirements, of the results of the general elections for federal office to be held in November 2008. Requires such payments also if, at the state's option, the state conducts audits of elections for state and local office held at the same time as the general election. | To direct the Election Assistance Commission to reimburse jurisdictions for the costs incurred in conducting manual audits of the results of the general elections for Federal office to be held in November 2008. |
915 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Extension Act
of 2009''.
SEC. 2. FEDERAL-AID HIGHWAYS.
(a) In General.--Except as provided in this Act, requirements,
authorities, conditions, eligibilities, limitations, and other
provisions authorized under titles I, V, and VI of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of
2008 (122 Stat. 1572), and title 23, United States Code, which would
otherwise expire on or cease to apply after September 30, 2009, are
incorporated by reference and shall continue in effect until March 31,
2011.
(b) Authorization of Appropriations.--Except as provided in section
3, there are authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account)--
(1) for fiscal year 2010, a sum equal to the total amount
authorized to be appropriated for programs, projects, and
activities for fiscal year 2009 under titles I, V, and VI of
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (119 Stat. 1144), and title 23,
United States Code; and
(2) for the period beginning on October 1, 2010, and ending
on March 31, 2011, a sum equal to \1/2\ of the total amount
authorized for programs, projects, and activities for fiscal
year 2009 under titles I, V, and VI of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1144), and title 23, United States Code.
(c) Use of Funds.--
(1) Fiscal year 2010.--Except as otherwise expressly
provided in this Act, funds authorized to be appropriated under
subsection (b)(1) for fiscal year 2010 shall be distributed,
administered, limited, and made available for obligation in the
same manner and at the same level as funds authorized to be
appropriated for fiscal year 2009 to carry out programs,
projects, activities, eligibilities, and requirements under the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (119 Stat. 1144), the SAFETEA-LU
Technical Corrections Act of 2008 (122 Stat. 1572), and title
23, United States Code.
(2) Fiscal year 2011.--Except as otherwise expressly
provided in this Act, funds authorized to be appropriated under
subsection (b)(2) for the period beginning on October 1, 2010,
and ending on March 31, 2011, shall be distributed,
administered, limited, and made available for obligation in the
same manner and at the same level as \1/2\ of the total amount
of funds authorized to be appropriated for fiscal year 2009 to
carry out programs, projects, activities, eligibilities, and
requirements under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (119 Stat. 1144),
the SAFETEA-LU Technical Corrections Act of 2008 (122 Stat.
1572), and title 23, United States Code.
(3) Calculation.--The amounts authorized to be appropriated
under subsection (b) shall be calculated without regard to any
rescission or cancellation of funds or contract authority for
fiscal year 2009 under the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (119
Stat. 1144) or any other law.
(4) Contract authority.--
(A) In general.--Except as provided in subparagraph
(B), funds authorized to be appropriated under this
section shall be--
(i) available for obligation, and shall be
administered, in the same manner as if such
funds were apportioned under chapter 1 of title
23, United States Code; and
(ii) subject to a limitation on obligations
for Federal-aid highways and highway safety
construction programs described in paragraph
(5).
(B) Exceptions.--A limitation on obligations
described in subparagraph (A)(ii) shall not apply to
any obligation under--
(i) section 125 of title 23, United States
Code; or
(ii) section 105 of title 23, United States
Code--
(I) for fiscal year 2010, only in
an amount equal to $639,000,000; and
(II) for the period beginning on
October 1, 2010, and ending on March
31, 2011, only in an amount equal to
$319,500,000.
(5) Limitation on obligations.--Notwithstanding any other
provision of law--
(A) for fiscal year 2010, funds authorized to be
appropriated under subsection (b) or this subsection
shall be subject to the limitation on obligations for
fiscal year 2009 under section 1102 of the Safe,
Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (119 Stat. 1157); and
(B) for the period beginning on October 1, 2010,
and ending on March 31, 2011, funds authorized to be
appropriated under subsection (b) or this subsection
shall be subject to a limitation on obligations equal
to \1/2\ of the limitation on obligations for fiscal
year 2009 under section 1102 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy
for Users (119 Stat. 1157).
(d) Extension and Flexibility for Certain Allocated Programs.--
(1) Fiscal year 2010.--Notwithstanding any other provision
of law, for fiscal year 2010, the portion of the share of funds
of a State under subsection (b)(1) determined by the amount
that the State received for fiscal year 2009 to carry out
sections 1301, 1302, 1307, 1702, and 1934 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1198, 1204, 1217, 1256, and 1485),
and section 144(f)(1) of title 23, United States Code, shall
be--
(A) made available to the State for programs
apportioned under sections 104(b) and 144 of title 23,
United States Code, and in the same proportion for each
such program that--
(i) the amount apportioned to the State for
that program for fiscal year 2009; bears to
(ii) the amount apportioned to the State
for fiscal year 2009 for all programs
apportioned under such sections of such Code;
and
(B) administered in the same manner and with the
same period of availability as such funding is
administered under such sections.
(2) Fiscal year 2011.--Notwithstanding any other provision
of law, for the period beginning on October 1, 2010, and ending
on March 31, 2011, the portion of the share of funds of a State
under subsection (b)(2) determined by \1/2\ of the amount that
the State received for fiscal year 2009 to carry out sections
1301, 1302, 1307, 1702, and 1934 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1198, 1204, 1217, 1256, and 1485) and section
144(f)(1) of title 23, United States Code, shall be--
(A) made available to the State for programs
apportioned under sections 104(b) and 144 of title 23,
United States Code, and in the same proportion for each
such program that--
(i) the amount apportioned to the State for
that program for fiscal year 2009; bears to
(ii) the amount apportioned to the State
for fiscal year 2009 for all programs
apportioned under such sections of such Code;
and
(B) administered in the same manner and with the
same period of availability as such funding is
administered under such sections.
(3) Additional funds.--
(A) In general.--No additional funds shall be
provided for any project or activity under subsection
(c), or paragraph (1) or (2) of this subsection, that
the Secretary of Transportation determines was
sufficiently funded before or during fiscal year 2009
to achieve the authorized purpose of the project or
activity.
(B) Reservation and redistribution of funds.--Funds
made available in accordance with paragraph (1) or (2)
of subsection (c) or paragraph (1) or (2) of this
subsection for a project or activity described in
subparagraph (A) shall be--
(i) reserved by the Secretary of
Transportation; and
(ii) redistributed to each State in
accordance with paragraph (1) or (2) of
subsection (c), or paragraph (1) or (2) of this
subsection, as appropriate, for use in carrying
out other highway projects and activities
extended by subsection (c) or this subsection,
in the proportion that--
(I) the total amount of funds made
available for fiscal year 2009 for
projects and activities described in
subparagraph (A) in the State; bears to
(II) the total amount of funds made
available for fiscal year 2009 for
those projects and activities in all
States.
(e) Extension of Authorizations Under Title V of SAFETEA-LU.--
(1) In general.--The programs authorized under paragraphs
(1) through (5) of section 5101(a) of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1779) shall be continued--
(A) for fiscal year 2010, at the funding levels
authorized for those programs for fiscal year 2009; and
(B) for the period beginning on October 1, 2010,
and ending on March 31, 2011, at \1/2\ the levels
authorized for those programs for fiscal year 2009.
(2) Distribution of funds.--Funds for programs continued
under paragraph (1) shall be distributed to major program areas
under those programs in the same proportions as funds were
allocated for those program areas for fiscal year 2009, except
that designations for specific activities shall not be required
to be continued for--
(A) fiscal year 2010; or
(B) the period beginning on October 1, 2010, and
ending on March 31, 2011.
(3) Additional funds.--
(A) In general.--No additional funds shall be
provided for any project or activity under this
subsection that the Secretary of Transportation
determines was sufficiently funded before or during
fiscal year 2009 to achieve the authorized purpose of
the project or activity.
(B) Distribution.--Funds that would have been made
available under paragraph (1) for a project or activity
but for the prohibition under subparagraph (A) shall be
distributed in accordance with paragraph (2).
(4) Limitation on obligations.--Notwithstanding any other
provision of law--
(A) for fiscal year 2010, funds authorized to be
appropriated under this subsection shall be subject to
the limitation on obligations for fiscal year 2009
under section 5102 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(119 Stat. 1780); and
(B) for the period beginning on October 1, 2010,
and ending on March 31, 2011, funds authorized to be
appropriated under this subsection shall be subject to
a limitation on obligations equal to \1/2\ of the
limitation on obligations for fiscal year 2009 under
section 5102 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(119 Stat. 1780).
SEC. 3. ADMINISTRATIVE EXPENSES.
(a) Authorization of Contract Authority.--Notwithstanding any other
provision of this Act or any other law, there are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account), from amounts provided under section 2, for administrative
expenses of the Federal-aid highway program--
(1) $422,425,000 for fiscal year 2010; and
(2) $217,023,500 for the period beginning on October 1,
2010, and ending on March 31, 2011.
(b) Contract Authority.--Funds authorized to be appropriated by
this section shall be--
(1) available for obligation, and shall be administered, in
the same manner as if such funds were apportioned under chapter
1 of title 23, United States Code; and
(2) subject to a limitation on obligations for Federal-aid
highways and highway safety construction programs, except that
such funds shall remain available until expended. | Surface Transportation Extension Act of 2009 - Authorizes appropriations out of the Highway Trust Fund (HTF) (other than the Mass Transit Account) for the federal-aid highway, surface transportation research, and transportation planning programs under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) for: (1) FY2010, with a limit on obligational authority for the programs equal to the total authorized for such programs for FY2009; and (2) the period from October 1, 2010, through March 31, 2011, with a limit on obligational authority for the programs equal to one-half of the total amount authorized for such programs for 2009. Sets forth certain exceptions to such limits.
Requires authorizations of appropriations for FY2010 and the period from October 1, 2010, through March 31, 2011, to be allocated to a state for certain federal-aid highway programs in the same proportion as the amount apportioned to the state for that program for FY2009 bears to amounts apportioned to the state for FY2009 for all programs.
Authorizes appropriations out of the HTF (other than the Mass Transit Account) for administrative expenses of the federal-aid highway program for FY2010 and the period from October 1, 2010, through March 31, 2011. | An original bill to provide an extension of highway programs authorized under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. |
916 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Lands Transportation
Improvement Act''.
SEC. 2. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 205 the following:
``SEC. 206. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.
``(a) Findings and Purpose.--
``(1) Findings.--Congress finds that public roads owned by
States--
``(A) can provide valuable assistance to the
Federal Government in ensuring adequate and safe
transportation to, in, and across federally owned land
and Indian reservations; and
``(B) supplement the efforts of the Federal
Government in developing and maintaining roads to serve
federally owned land and Indian reservations.
``(2) Purpose.--The purpose of this section is to further
the Federal interest in State-owned or State-maintained roads
that provide transportation to, in, or across federally owned
land or Indian reservations by establishing the Cooperative
Federal Lands Transportation Program.
``(b) Program.--There is established the Cooperative Federal Lands
Transportation Program (referred to in this section as the `program').
Funds available for the program may be used for projects, or portions
of projects, on State-owned or State-maintained highways that cross,
are adjacent to, or lead to federally owned land or Indian
reservations, as determined by the State. Such projects shall be
proposed by a State and selected by the Secretary. A project proposed
by a State under this section shall be on a highway owned or maintained
by the State and may be a highway construction or maintenance project
eligible under this title or any project of a type described in section
204(h).
``(c) Distribution of Funds for Projects.--
``(1) In general.--
``(A) In general.--The Secretary--
``(i) after consultation with the
Administrator of General Services, the
Secretary of the Interior, and the heads of
other agencies as appropriate, shall determine
the percentage of the total land in each State
that is owned by the Federal Government or that
is held by the Federal Government in trust;
``(ii) shall determine the sum of the
percentages determined under clause (i) for
States with respect to which the percentage is
4.5 or greater; and
``(iii) shall determine for each State
included in the determination under clause (ii)
the percentage obtained by dividing--
``(I) the percentage for the State
determined under clause (i); by
``(II) the sum determined under
clause (ii).
``(B) Adjustment.--The Secretary shall--
``(i) reduce any percentage determined
under subparagraph (A)(iii) that is greater
than 7.5 percent to 7.5 percent; and
``(ii) redistribute the percentage points
equal to any reduction under clause (i) among
other States included in the determination
under subparagraph (A)(ii) in proportion to the
percentages for those States determined under
subparagraph (A)(iii).
``(2) Availability to states.--Except as provided in
paragraph (3), for each fiscal year, the Secretary shall make
funds available to carry out eligible projects in a State in an
amount equal to the amount obtained by multiplying--
``(A) the percentage for the State, if any,
determined under paragraph (1); by
``(B) the funds made available for the program for
the fiscal year.
``(3) Selection of projects.--The Secretary may establish
deadlines for States to submit proposed projects for funding
under this section, except that in the case of fiscal year 1998
the deadline may not be earlier than January 1, 1998. For each
fiscal year, if a State does not have pending, by that
deadline, applications for projects with an estimated cost
equal to at least 3 times the amount for the State determined
under paragraph (2), the Secretary may distribute, to 1 or more
other States, at the Secretary's discretion, \1/3\ of the
amount by which the estimated cost of the State's applications
is less than 3 times the amount for the State determined under
paragraph (2).
``(d) Transfers.--
``(1) In general.--Notwithstanding any other provision of
law, a State and the Secretary may agree to transfer amounts
made available to a State under this section for use in
carrying out projects on any Federal lands highway that is
located in the State.
``(2) Special rule.--This paragraph applies to a State that
contains a national park that was visited by more than
2,500,000 people in 1996 and comprises more than 3,000 square
miles of land area, including surface water, that is located in
the State. For such a State, 50 percent of the amount that
would otherwise be made available to the State for each fiscal
year under the program shall be made available only for
eligible highway uses in the national park and within the
borders of the State. For the purpose of making allocations
under section 202(c), the Secretary may not take into account
the past or future availability, for use on park roads and
parkways in a national park, of funds made available for use in
a national park by this paragraph.''.
(b) Definition of Federal Lands Highway Investment.--Section 101(a)
of title 23, United States Code, is amended--
(1) by adding at the end the following:
``The term `Federal lands highway investment' means funds
authorized for the Federal lands highways program or the Cooperative
Federal Lands Transportation Program under chapter 2.''; and
(2) by reordering the undesignated paragraphs so that they
are in alphabetical order.
(c) Conforming Amendment.--The analysis for chapter 2 of title 23,
United States Code, is amended by inserting after the item relating to
section 205 the following:
``206. Cooperative Federal Lands Transportation Program.''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account), for the Cooperative Federal
Lands Transportation Program under section 206 of title 23, United
States Code, $200,000,000 for each of the fiscal years 1998 through
2002. | Federal Lands Transportation Improvement Act - Establishes the Cooperative Federal Lands Transportation Program to provide funds for projects on State-owned or maintained highways that cross, are adjacent to, or lead to federally owned land or Indian reservations. Outlines provisions concerning: (1) project funds distribution; and (2) the transfer of project funds to a State to carry out projects on Federal lands highways within such State. Authorizes appropriations. | Federal Lands Transportation Improvement Act |
917 | SEC. 1. SHORT TITLE.
This Act may be cited as the ``National Park Anniversaries-Great
American Spaces Commemorative Coin Act''.
SEC. 2. SEC. 2. FINDINGS.
The Congress finds the following:
(1) The National Park Foundation is the congressionally-
chartered nonprofit partner of America's National Parks.
(2) The mission of the National Park Foundation is to
strengthen the enduring connection between the American people
and their National Parks by raising private funds, making
strategic grants, creating innovative partnerships and
increasing public awareness of National Parks.
(3) The parks represented in this program represent some of
the most beloved and treasured National Parks in America.
(4) The National Park Service was established in 1916, to
preserve and protect great scenic parks such as Grand Canyon
and Yosemite, while also managing battlefields such as
Gettysburg and historical sites such as the Lincoln Memorial.
(5) Theodore Roosevelt said that nothing short of defending
this country in wartime ``compares in importance with the great
task of leaving this land even a better land for our
descendants than it is for us''.
(6) Parks established under the presidency of Theodore
Roosevelt, such as Grand Canyon and Devil's Tower, are the
embodiment of that ideal.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins for National Parks Observing Historic
Anniversaries of Their Founding.--The Secretary of the Treasury (in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 300,000 $1 coins for each of the National Parks specified in
section 4(d), each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be developed in consultation with the National Park
Foundation, and shall be emblematic of the National Park being
commemorated on each coin.
(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 in which the coin is
minted; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the National Parks Foundation; and
(2) reviewed by the Citizens Advisory Committee established
under section 5135 of title 31, United States Code.
(c) 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.
(d) National Parks to Be Commemorated.--The National Parks to be
commemorated, the year of commemoration, and the anniversary to be
observed are as follows:
National Park or Park
Year of Issuance Service Anniversary
2007............................. Devils Tower National 100th
Monument.
2008............................. Grand Canyon National 100th
Park.
2010............................. Glacier National Park 100th
2011............................. Lincoln Memorial..... 100th
2014............................. Yosemite National 150th
Park.
2015............................. Rocky Mountain 100th
National Park.
2016............................. National Park Service 100th
2017............................. Denali National Park. 100th
2018............................. Acadia National Park. 100th
2019............................. Zion National Park... 100th
2020............................. Gettysburg National 125th
Military Park.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1 of the year of issuance, as
specified in section 4(d), except that the Secretary may initiate sales
of such coins, without issuance, before such date.
(c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31 of the year of issuance specified in
section 4(d).
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the face value, plus the cost of designing and issuing such
coins (including labor, materials, dies, use of machinery, overhead
expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Sales of Single Coins and Sets of Coins.--Coins of each design
specified under section 4 may be sold separately or as a set containing
other coins authorized by this Act.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales of coins issued under this Act
shall include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary to the National Park Foundation for use as follows:
(1) 50 percent of the surcharges received shall be used by
the National Park Foundation in support of all National Parks.
(2) 50 percent of the surcharges received shall be used by
the National Park Foundation for the benefit of the National
Parks designated in section 4(d) (in addition to any amount
allocable to any such Park from expenditures of amounts under
paragraph (1).
(c) Audits.--The National Park Foundation shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code.
SEC. 8. 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, the deposits of which
are insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | National Parks Anniversaries-Great American Spaces Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue silver coins emblematic of certain National Parks that are observing historic anniversaries of their founding. | A bill to require the Secretary of the Treasury to mint coins in commemoration of the founding of America's National Parks, and for other purposes. |
918 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Louisiana Rice Economic Relief Act
of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The rice industry in the State of Louisiana contributes
significantly to the economy of that State and the United
States, with an estimated annual value of approximately
$250,000,000 and an estimated average annual economic benefit
of approximately $1,000,000,000.
(2) For the 2002 crop of rice, rice producers in the State
of Louisiana suffered from the lowest rice prices in more than
50 years.
(3) Since most of the 2002 crop of rice in the State of
Louisiana was sold during the harvest season, the market-
derived income of producers from the sale of rice fell to
record low levels.
(4) The historically-low income of producers from the sale
of rice in the State of Louisiana, even when combined with
Federal income support, still is devastating to--
(A) rice producers in the State;
(B) the rice industry infrastructure of the State;
(C) businesses that serve and depend on the rice
industry; and
(D) communities in which rice producers and their
families reside and in which the rice industry
operates.
(5) Because of the significant reduction in total income
and the current costs of production, many rice producers of the
State of Louisiana will not cover the total expenses they
incurred to produce and harvest the 2002 crop.
(6) The historically-low prices of the 2002 crop of rice in
the State of Louisiana have contributed to a combined market
price and Federal support income level that is approximately
$2.42 per hundredweight less than the average combined market
price and Federal support income levels during the 1998 through
2001 period, which is approximately 22 percent below the
average income level for the State for the same time period.
(7) Due to the historically-low rice prices and reduced
income, rice producers in the State of Louisiana and their
families are faced with dire economic circumstances that are
crippling them and the communities in which they live and work.
SEC. 3. ECONOMIC DISASTER ASSISTANCE FOR LOUISIANA RICE PRODUCERS.
(a) In General.--The Secretary of Agriculture shall use such sums
as are necessary of funds of the Commodity Credit Corporation to make
payments, as soon as practicable after the date of enactment of this
Act, to producers of the 2002 crop of rice on farms located in the
State of Louisiana, to assist producers as a result of the disastrous
economic conditions occurring with the 2002 crop of rice.
(b) Amount.--The amount of a payment made to producers on a farm
under this section shall be equal to the product obtained by
multiplying--
(1) the actual quantity of rice produced by the producers
on the farm during the 2002 crop year; and
(2) a payment rate of $2.42 per hundredweight.
(c) Payment Limitation.--
(1) In general.--The total amount of payments that a person
shall be entitled to receive under this section may not exceed
$40,000.
(2) Regulations.--The Secretary shall promulgate
regulations defining the term ``person'' for the purposes of
paragraph (1), which shall conform, to the maximum extent
practicable, to the regulations defining the term ``person''
promulgated under section 1001 of the Food Security Act of 1985
(7 U.S.C. 1308). The Secretary also shall promulgate such
additional regulations as the Secretary determines necessary to
ensure a fair and reasonable application of the limitation
established under such paragraph.
(d) Information.--In carrying out this section, the Secretary
shall, to the maximum extent practicable--
(1) use information that the Secretary has obtained from
administering other provisions of law; and
(2) minimize any additional information or requirements
that are imposed on eligible producers.
(e) Administrative Offset.--Payments under this section shall not
be subject to administrative offset, including administrative offset
under chapter 37 of title 31, United States Code, or the Commodity
Credit Corporation Charter Act (15 U.S.C. 714 et seq.).
SEC. 4. COMMODITY CREDIT CORPORATION.
The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this Act.
SEC. 5. REGULATIONS.
(a) In General.--The Secretary may promulgate such regulations as
are necessary to implement this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
SEC. 6. EMERGENCY DESIGNATION.
(a) In General.--The entire amount made available under this Act
shall be available only to the extent that the President submits to
Congress an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an
emergency requirement for the purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).
(b) Designation.--The entire amount made available under this
section is designated by Congress as an emergency requirement under
sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A),
902(e)). | Louisiana Rice Economic Relief Act of 2003 - Directs the Secretary of Agriculture to provide economic disaster assistance ($40,000 maximum per person) to producers of the 2002 rice crop in Louisiana. | To provide economic disaster assistance to producers of the 2002 crop of rice in the State of Louisiana. |
919 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Russian River Land Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Certain lands adjacent to the Russian River in the area of
its confluence with the Kenai River contain abundant archaeological
resources of significance to the Native people of the Cook Inlet
Region, the Kenaitze Indian Tribe, and the citizens of the United
States.
(2) Those lands at the confluence of the Russian River and
Kenai River contain abundant fisheries resources of great
significance to the citizens of Alaska.
(3) Cook Inlet Region, Inc., an Alaska Native Regional
Corporation formed under the provisions of the Alaska Native Claims
Settlement Act of 1971 (43 U.S.C. 1601 et seq.) (hereinafter in
this Act referred to as ``ANCSA''), has selected lands in the area
pursuant to section 14(h)(1) of such Act (43 U.S.C. 1613(h)(1)),
for their values as historic and cemetery sites.
(4) The United States Bureau of Land Management, the Federal
agency responsible for the adjudication of ANCSA selections has not
finished adjudicating Cook Inlet Region, Inc.'s selections under
section 14(h)(1) of that Act as of the date of the enactment of
this Act.
(5) The Bureau of Indian Affairs has certified a portion of
Cook Inlet Region, Inc.'s selections under section 14(h)(1) of
ANCSA as containing prehistoric and historic cultural artifacts,
and meeting the requirements of section 14(h)(1) of that Act.
(6) A portion of the selections under section 14(h)(1) of ANCSA
made by Cook Inlet Region, Inc., and certified by the Bureau of
Indian Affairs lies within the Chugach National Forest over which
the United States Forest Service is the agency currently
responsible for the administration of public activities,
archaeological features, and natural resources.
(7) A portion of the selections under section 14(h)(1) of ANCSA
and the lands certified by the Bureau of Indian Affairs lies within
the Kenai National Wildlife Refuge over which the United States
Fish and Wildlife Service is the land managing agency currently
responsible for the administration of public activities,
archaeological features, and natural resources.
(8) The area addressed by this Act lies within the Sqilantnu
Archaeological District which was determined eligible for the
National Register of Historic Places on December 31, 1981.
(9) Both the Forest Service and the Fish and Wildlife Service
dispute the validity and timeliness of Cook Inlet Region, Inc.'s
selections under section 14(h)(1) of ANCSA.
(10) The Forest Service, Fish and Wildlife Service, and Cook
Inlet Region, Inc., determined that it was in the interest of the
United States and Cook Inlet Region, Inc., to--
(A) protect and preserve the outstanding historic,
cultural, and natural resources of the area;
(B) resolve their disputes concerning the validity of Cook
Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA
without litigation; and
(C) provide for the management of public use of the area
and protection of the cultural resources within the Sqilantnu
Archaeological District, particularly the management of the
area at the confluence of the Russian and Kenai Rivers.
(11) Legislation is required to enact the resolution reached by
the Forest Service, the Fish and Wildlife Service, and Cook Inlet
Region, Inc.
(b) Purpose.--It is the purpose of this Act to ratify an agreement
between the Department of Agriculture, the Department of the Interior,
and Cook Inlet Region, Inc.
SEC. 3. RATIFICATION OF AGREEMENT BETWEEN THE UNITED STATES FOREST
SERVICE, UNITED STATES FISH AND WILDLIFE SERVICE, AND
COOK INLET REGION, INC.
(a) Ratification of Agreement.--
(1) In general.--The terms, conditions, covenants, and
procedures set forth in the document entitled ``Russian River
Section 14(h)(1) Selection Agreement'', which was executed by Cook
Inlet Region, Inc., the United States Department of Agriculture,
and the United States Department of the Interior on July 26, 2001,
(hereinafter in this Act referred to as the ``Agreement''), are
hereby incorporated in this section, and are ratified, as to the
duties and obligations of the United States and the Cook Inlet
Region, Inc., as a matter of Federal law.
(2) Section 5.--The ratification of section 5 of the Agreement
is subject to the following conditions:
(A) The Fish and Wildlife Service shall consult with
interested parties when developing an exchange under section 5
of the Agreement.
(B) The Secretary of the Interior shall submit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a copy
of the agreement implementing any exchange under section 5 of
the Agreement not less than 30 days before the exchange becomes
effective.
(3) Agreement controls.--In the event any of the terms of the
Agreement conflict with any other provision of law, the terms of
the Agreement shall be controlling.
(b) Authorization of Actions.--The Secretaries of Agriculture and
the Interior are authorized to take all actions required under the
terms of the Agreement.
SEC. 4. AUTHORIZATION OF APPROPRIATION.
(a) In General.--There is authorized to be appropriated to the
Department of Agriculture, Office of State and Private Forestry,
$13,800,000, to remain available until expended, for Cook Inlet Region,
Inc., for the following:
(1) Costs for the planning and design of the Joint Visitor's
Interpretive Center.
(2) Planning and design of the Sqilantnu Archaeological
Research Center.
(3) Construction of these facilities to be established in
accordance with and for the purposes set forth in the Agreement.
(b) Limitation on Use of Funds.--Of the amount appropriated under
this section, not more than 1 percent may be used to reimburse the
Forest Service, the Fish and Wildlife Service, and the Kenaitze Indian
Tribe for the costs they incur in assisting Cook Inlet Region, Inc. in
the planning and design of the Joint Visitor's Interpretive Center and
the Sqilantnu Archaeological Research Center.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Russian River Land Act - Ratifies the terms, conditions, covenants, and procedures set forth in the Russian River Section 14(h)(1) Selection Agreement (the "Agreement") between Cook Inlet Region, Inc. (the Corporation), and the Departments of Agriculture and the Interior.Subjects the ratification of section five of the Agreement to the following conditions: (1) the Fish and Wildlife Service shall consult with interested parties when developing an exchange under such section; and (2) the Secretary of the Interior shall submit to Congress copies of the agreement implementing any exchange under such section at least 30 days before the exchange becomes effective.Declares that if any terms of the Agreement conflict with any other provision of law, the Agreement's terms shall take precedence, and authorizes the Secretaries of Agriculture and the Interior to take all actions required under the terms of the Agreement.(Sec. 4) Authorizes appropriations to the Department of Agriculture, Office of State and Private Forestry, for the Corporation for: (1) costs for the planning and design of the Joint Visitor's Interpretive Center; (2) planning and design of the Sqilantnu Archeological Research Center; and (3) construction of these facilities.Limits to one percent of appropriated funds the amount that may be used to reimburse the Forest Service, the Fish and Wildlife Service, and the Kenaitze Indian Tribe for the costs they incur in assisting the Corporation to plan and design the Visitor's Center and the Archaeological Center. | To resolve the claims of Cook Inlet Region, Inc., to lands adjacent to the Russian River in the State of Alaska. |
920 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Credit Liquidity Act
of 2003''.
SEC. 2. PILOT PROGRAM FOR GUARANTEES ON POOLS OF NON-SBA LOANS.
Title IV of the Small Business Investment Act of 1958 (15 U.S.C.
692 et seq.) is amended by adding at the end the following:
``Part C--Credit Enhancement Guarantees
``Sec. 420. (a)(1) The Administration is authorized, upon such
terms and conditions as it may prescribe, in order to encourage lenders
to increase the availability of small business financing by improving
such lenders' access to reasonable sources of funding, to provide a
credit enhancement guarantee, or commitment to guarantee, of the timely
payment of a portion of the principal and interest on securities issued
and managed by not less than 2 qualified entities authorized and
approved by the Administration.
``(2) The entities authorized under this subsection to act as
issuers and managers of pools or trusts of loans shall be well-
capitalized, as defined by the Administration, and shall maintain
sufficient reserves to allow securities to be issued representing
interests in each pool or trust that are rated as investment grade by a
nationally-recognized rating agency.
``(3) The authority of the entities authorized under this
subsection shall be reviewed annually by the Administration and may be
renewed upon the satisfactory completion of such review.
``(4) The Administration shall set and maintain standards for
entities authorized under this subsection, including standards relating
to delinquency, default, liquidation, and loss rates.
``(5) If an entity authorized under this subsection fails to meet
the standards set pursuant to paragraph (4), the Administration may
terminate the entity's participation in the pilot program under this
subsection.
``(b)(1)(A) The Administration may provide its credit enhancement
guarantees in respect of securities that represent interests in, or
other obligations issued by, a trust, pool, or other entity whose
assets (other than the Administration's credit enhancement guarantee
and credit enhancements provided by other parties) consist of loans
made to small business concerns.
``(B) As used in this paragraph, the term `small business concern'
has the meaning given that term in either the Small Business Act (15
U.S.C. 631 et seq.) or this Act (15 U.S.C. 661 et seq.).
``(2) The credit enhancement guarantees provided by the
Administration under paragraph (1) shall be second-loss guarantees that
are only available after the full payment of credit enhancement
guarantees offered by the entities authorized to act as issuers and
managers of pools or trusts of loans under this section.
``(3) A pool or trust of loans shall not be eligible for guarantees
under this section--
``(A) if the value of such loans exceeds $350,000,000 in
fiscal year 2004;
``(B) if the value of such loans exceeds $400,000,000 in
fiscal year 2005; or
``(C) if the value of such loans exceeds $450,000,000 in
fiscal year 2006.
``(4) All loans under paragraph (1) shall be originated, purchased,
or assembled and managed consistent with requirements prescribed by the
Administration in connection with this credit enhancement guarantee
program.
``(5) The Administration shall prescribe requirements to be
observed by the issuers and managers of the securities covered by
credit enhancement guarantees to ensure the safety and soundness of the
credit enhancement guarantee program.
``(c) The full faith and credit of the United States is pledged to
the payment of all amounts the Administration may be required to pay as
a result of credit enhancement guarantees under this section.
``(d)(1) The Administration may issue credit enhancement guarantees
in an amount--
``(A) not to exceed $2,100,000,000 in fiscal year 2004;
``(B) not to exceed $3,250,000,000 in fiscal year 2005; and
``(C) not to exceed $4,500,000,000 in fiscal year 2006.
``(2) The Administration shall set the percentage and priority of
each credit enhancement guarantee on issued securities at a level not
to exceed 25 percent of the value of the securities so that the amount
of the Administration's anticipated net loss (if any) as a result of
such guarantee is fully reserved in a credit subsidy account funded
wholly by fees collected by the Administration from the issuers or
managers of the pool or trust.
``(3) The Administration shall charge and collect a fee from the
issuer based on the Administration's guaranteed amount of issued
securities, and the amount of such fee shall equal the estimated credit
subsidy cost of the Administration's credit enhancement guarantee.
``(4) The fees provided for under this subsection shall be adjusted
annually, as necessary, by the Administration.
``(5) The Federal government shall not appropriate any funds to
finance credit enhancement guarantees under this section.
``(e) Report and Analysis.--
``(1) Report.--
``(A) In general.--During the development and
implementation of the pilot program, the Administrator
shall submit a report on the status of the pilot
program under this section to Congress in each annual
budget request and performance plan.
``(B) Contents.--The report submitted under
subparagraph (A) shall include, among other items,
information about the loans in the pools or trusts,
including delinquency, default, loss, and recovery
rates.
``(2) Analysis and report.--Not later than December 30,
2005, the Comptroller General shall--
``(A) conduct an analysis of the pilot program
under this section; and
``(B) submit a report to Congress that contains a
summary of the analysis conducted under subparagraph
(A) and a description of any effects, not attributable
to other causes, of the pilot program on the lending
programs under section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) and title V of this Act.
``(3) Implementation.--
``(A) Report.--After completing operational
guidelines to carry out the pilot program under this
section, the Administration shall submit a report,
which describes the method in which the pilot program
will be implemented, to--
``(i) the Committee on Small Business and
Entrepreneurship of the Senate; and
``(ii) the Committee on Small Business of
the House of Representatives.
``(B) Timing.--The Administration shall not
implement the pilot program under this section until
the date that is 50 days after the report has been
submitted under subparagraph (A).
``(f) Sunset Provision.--This section shall remain in effect until
September 30, 2006.''. | Small Business Credit Liquidity Act of 2003 - Amends the Small Business Investment Act of 1958 to authorize the Small Business Administration (SBA), in order to encourage lenders to increase the availability of small business financing by improving lender access to reasonable funding sources, to provide a credit enhancement guarantee of, or a commitment to guarantee, a portion of the principal and interest on securities issued and managed by not less than two qualified entities authorized and approved by the SBA. Requires the SBA to set and maintain standards for qualified entities, including standards relating to delinquency, default, liquidation, and loss rates.
Makes the SBA's credit enhancement guarantees second-loss guarantees, available only after the full payment of guarantees offered by the qualified entities authorized to act as issuers and managers of pools or trusts of loans. Provides loan pool or trust requirements and credit enhancement limits for FY 2004 through 2006. Directs the SBA to charge and collect a fee from issuers based on the SBA's guaranteed amount of issued securities. | A bill to amend title IV of the Small Business Investment Act of 1958, relating to a pilot program for credit enhancement guarantees on pools of non-SBA loans. |
921 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Investment for Next-
Generation Technologies Act'' or the ``WING Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Science- and technology-based industries have been and
will continue to be engines of United States economic growth
and national security.
(2) The United States faces great challenges in the global
economy from nations with highly trained technical workforces.
(3) Occupations requiring technical and scientific training
are projected to grow rapidly over the next decade, at 3 times
the rate of all occupations (according to Science & Engineering
Indicators, 2002).
(4) The need for trained technology workers in national
security fields has increased as a result of the events of
September 11, 2001.
(5) National certification systems are well established and
accepted in fields such as health and information technology
and have succeeded in attracting more workers into those
fields.
(6) Business and workers could both be well served by
expanding the certification concept to other high technology
industries.
(7) National certification systems allow workers to develop
skills transportable to other States in response to layoffs and
other economic changes.
(8) National certification systems facilitate interstate
comparisons of education and training programs and help
identify best practices and reduce cost and development
redundancies.
(9) National certification systems promote quality and
encourage educational institutions to modernize programs to
ensure graduates pass industry-required exams.
(10) National certification based on industry-validated
skill standards introduces stricter accountability for
technical and vocational education programs.
(11) Certification signals value to employers and increases
applicants' employability.
(12) Certification offers a planned skill development route
into employment or professional advancement for working adults
and displaced workers.
(13) The National Science Foundation's Advanced
Technological Education Program, authorized by Congress in
1992, has created national centers of excellence at community
colleges that have established unique linkages with industry to
prepare individuals for the technical workforce under the
program.
(14) The Advanced Technological Education Program should be
expanded to all institutions of higher education, as the Nation
should invest more resources in training and education programs
that are responsive to marketplace needs.
(15) The one-stop delivery systems authorized under the
Workforce Investment Act of 1998 have proved to be effective
providers of information and resources for job seekers.
(16) The one-stop delivery systems offer special
opportunities for directing displaced workers to certification
programs that build skills for technical fields where rewarding
jobs are plentiful.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To increase the numbers of workers educated for
employment in high technology industries.
(2) To align the technical and vocational programs of
educational institutions with the workforce needs of high-
growth, next generation industries.
(3) To offer individuals expanded opportunities for rapid
training and retraining in portable skills needed to keep and
change jobs in a volatile economy.
(4) To provide United States businesses with adequate
numbers of skilled technical workers.
(5) To encourage a student's or worker's progress toward an
advanced degree while providing training, education, and useful
credentials for workforce entry or reentry.
SEC. 4. SKILL CERTIFICATION PILOT PROJECTS.
Section 171 of the Workforce Investment Act of 1998 (29 U.S.C.
2916) is amended by adding at the end the following:
``(e) Skill Certification Pilot Projects.--
``(1) Pilot projects.--In accordance with subsection (b),
the Secretary of Labor shall establish and carry out not more
than 20 pilot projects to establish a system of industry-
validated national certifications of skills, including--
``(A) not more than 16 national certifications of
skills in high-technology industries, including
biotechnology, telecommunications, highly automated
manufacturing (including semiconductors), advanced
materials technology, nanotechnology, and energy
technology (including technology relating to next-
generation lighting); and
``(B) not more than 4 cross-disciplinary national
certifications of skills in homeland security
technology.
``(2) Grants to eligible entities.--In carrying out the
pilot projects, the Secretary of Labor shall make grants to
eligible entities, for periods of not less than 36 months and
not more than 48 months, to carry out the authorized activities
described in paragraph (7) with respect to the certifications
described in paragraph (1).
``(3) Eligible entities.--
``(A) Definition of eligible entity.--In this
subsection, the term `eligible entity' means an entity
that shall include as a principal participant one or
more of the following:
``(i) An institution of higher education
(as defined in section 101 or 102 of the Higher
Education Act of 1965 (20 U.S.C. 1001, 1002)).
``(ii) An advanced technology education
center.
``(iii) A local workforce investment board.
``(iv) A representative of a business in a
target industry for the certification involved.
``(v) A representative of an industry
association, labor organization, or community
development organization.
``(B) History of demonstrated capability
required.--To be eligible to receive a grant under this
subsection, an eligible entity shall have a history of
demonstrated capability for effective collaboration
with industry on workforce development activities that
is consistent with the goals of this Act.
``(4) Applications.--To be eligible to receive a grant
under this subsection, an eligible entity shall submit an
application to the Secretary of Labor at such time, in such
manner, and containing such information as the Secretary may
require.
``(5) -Criteria.--The Secretary of Labor shall establish
criteria, consistent with paragraph (6), for awarding grants
under this subsection.
``(6) Priority.--In selecting eligible entities to receive
grants under this subsection, the Secretary of Labor shall give
priority to eligible entities that demonstrate the availability
of and ability to provide matching funds from industry or
nonprofit sources. Such matching funds may be provided in cash
or in kind.
``(7) Authorized activities.--
``(A) In general.--An eligible entity that receives
a grant under this subsection shall use the funds made
available through the grant--
``(i) to establish certification
requirements for a certification described in
paragraph (1) for an industry;
``(ii) to develop and initiate a
certification program that includes preparatory
courses, course materials, procedures, and
examinations, for the certification; and
``(iii) to collect and analyze data related
to the program at the program's completion, and
to identify best practices (consistent with
paragraph (8)) that may be used by local and
State workforce investment boards in the
future.
``(B) Basis for requirements.--The certification
requirements shall be based on applicable skill
standards for the industry involved that have been
developed by or linked to national centers of
excellence under the National Science Foundation's
Advanced Technological Education Program. The
requirements shall require an individual to demonstrate
an identifiable set of competencies relevant to the
industry in order to receive certification. The
requirements shall be designed to provide evidence of a
transferable skill set that allows flexibility and
mobility of workers within a high technology industry.
``(C) Relationship to training and education
programs.--The eligible entity shall ensure that--
``(i) a training and education program
related to competencies for the industry
involved, that is flexible in mode and
timeframe for delivery and that meets the needs
of those seeking the certification, is offered;
and
``(ii) the certification program is offered
at the completion of the training and education
program.
``(D) Relationship to the associate degree.--The
eligible entity shall ensure that the certification
program is consistent with the requirements for a 2-
year associate degree.
``(E) Availability.--The eligible entity shall
ensure that the certification program is open to
students pursuing associate degrees, employed workers,
and displaced workers.
``(8) Consultation.--The Secretary of Labor shall consult
with the Director of the National Science Foundation and the
Secretary of Education to ensure that the pilot projects build
on the expertise and information about best practices gained
through the implementation of the National Science Foundation's
Advanced Technological Education Program.
``(9) Core components; guidelines; reports.--After
collecting and analyzing the data obtained from the pilot
programs, the Secretary of Labor shall--
``(A) establish the core components of a model
high-technology certification program;
``(B) establish guidelines to assure development of
a uniform set of standards and policies for such
programs;
``(C) submit and prepare a report on the pilot
projects to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives; and
``(D) make available to the public both the data
and the report.
``(10) Authorization of appropriations.--In addition to
amounts authorized to be appropriated under section 174(b),
there is authorized to be appropriated $60,000,000 for fiscal
year 2005 to carry out this subsection.''. | Workforce Investment for Next-Generation Technologies Act - WING Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor to carry out up to twenty pilot projects to establish a system of industry-validated national certifications of skills in: (1) up to sixteen high-technology industries; and (2) up to four cross-disciplinary national certification of skills in homeland security technology.
Includes among the high-technology industries: biotechnology, telecommunications, highly automated manufacturing (including semiconductors), advanced materials technology, nanotechnology, and energy technology (including technology relating to next-generation lighting).
Directs the Secretary to make three-to-four year grants for such projects to eligible entities with one or more of the following as a primary participant: (1) an institution of higher education; (2) an advanced technology education center; (3) a local workforce investment board; (4) a representative of a business in a target industry for the certification involved; or (5) a representative of an industry association, labor organization, or community development organization.
Requires each certification program to be: (1) offered at the completion of, and in addition to, a training and education program which is related to the industry competencies involved and which is offered in a flexible manner that meets the needs of those seeking certification; and (2) consistent with the requirements for a two-year associate degree. | A bill to amend the Workforce Investment Act of 1998 to authorize the Secretary of Labor to provide for 5-year pilot projects to establish a system of industry-validated national certifications of skills in high-technology industries and a cross-disciplinary national certification of skills in homeland security technology. |
922 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gasoline Affordability and Security
Act'' or the ``GAS Act''.
TITLE I--CONSUMER PROTECTION
SEC. 101. PROHIBITION ON GASOLINE PRICE GOUGING.
(a) Unlawful Conduct.--During the 30-day period beginning on the
date on which the President determines the existence of conditions
warranting the drawdown and sale of petroleum products from the
Strategic Petroleum Reserve under subsection (d) or (h) of section 161
of the Energy Policy and Conservation Act (42 U.S.C. 6241), it shall be
an unfair or deceptive act or practice in violation of section 5(a)(1)
of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) for any person
to sell gasoline or diesel fuel at a price which constitutes price
gouging as defined by rule pursuant to subsection (b).
(b) Enforcement.--A violation of subsection (a) shall be treated as
a violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)) and shall be enforced by the Federal Trade
Commission in accordance with all applicable terms and provisions of
the Federal Trade Commission Act.
(c) Penalties.--Any person who violates subsection (a), or the
rules promulgated pursuant to this section, shall be subject to a civil
penalty in an amount not to exceed $11,000 per day in which a violation
occurs.
(d) Rulemaking.--Not later than 90 days after the date of enactment
of this Act, the Federal Trade Commission shall promulgate rules, in
accordance with section 5(n) of the Federal Trade Commission Act (15
U.S.C. 45(n)), that--
(1) define ``price gouging'' for purposes of this section;
and
(2) carry out this section.
SEC. 102. COMPETITIVE PRICING TASK FORCE.
(a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Federal Trade Commission shall establish a
Competitive Pricing Task Force (referred to in this section as the
``Task Force''.
(b) Duties.--The Task Force shall provide each State attorney
general who requests assistance from the Task Force--
(1) with assistance in the investigation of alleged price
gouging affecting the consumers of the State; and
(2) such additional technical assistance as may be
necessary in studying and drafting State laws to prohibit price
gouging.
(c) Duration.--The Task Force shall carry out the duties described
in subsection (b) during the 2-year period beginning on the date on
which the Task Force is established under subsection (a).
SEC. 103. CONSUMER INFORMATION.
(a) List.--The Federal Trade Commission shall publish a list on its
Web site containing the names of all persons penalized under section
101.
(b) Information About Gasoline Prices.--The Energy Information
Administration of the Department of Energy shall disseminate to all
persons selling gasoline or diesel fuel to retail consumers, in a
manner suitable for posting, information contained in the table on the
Administration's Web site entitled, ``WHAT WE PAY FOR IN A GALLON OF
REGULAR GASOLINE'', to inform such consumers of the factors
contributing to the price of gasoline.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
TITLE II--INCREASING SUPPLY
SEC. 201. FUEL DIVERSIFICATION.
Section 402 of the Energy Policy Act of 2005 (42 U.S.C. 15962) is
amended--
(1) in subsection (b)(1)(A)--
(A) in clause (iv), by striking ``and'' at the end;
(B) by redesignating clause (v) as clause (vi); and
(C) by inserting after clause (iv) the following:
``(v) a Fischer-Tropsch technology project
to produce ultra-low sulfur liquid
transportation fuel; and''; and
(2) by adding at the end the following:
``(j) Energy Policy Priority.--
``(1) Establishment.--Not later than 90 days after the date
on which the Secretary provides funds for a Fischer-Tropsch
technology project to produce ultra-low sulfur liquid
transportation fuel under subsection (b)(1)(A)(v), the
Secretary shall establish as an energy policy priority the
expedited, large-scale commercialization of that technology to
promote the supply of affordable, clean, domestic gasoline and
diesel fuel.
``(2) Subsequent projects.--
``(A) In general.--In accordance with the energy
policy priority established under paragraph (1), the
Secretary shall provide funds for a subsequent Fischer-
Tropsch technology project to produce ultra-low sulfur
liquid transportation fuel as soon as practicable after
the date on which the priority is established.
``(B) Criteria for selection.--In carrying out
subparagraph (A), the Secretary shall select the
private sector recipient that is the most capable of
designing and constructing a Fischer-Tropsch technology
project with an output of not less than 50,000 barrels
per day of ultra-low sulfur transportation fuel, as
determined by the Secretary.''.
SEC. 202. FUEL TREATMENT.
Not later than 60 days after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall conduct an
expedited review of any fuel additive an application for verification
for which has been filed in accordance with the voluntary diesel
retrofit program.
TITLE III--DECREASING DEMAND
SEC. 301. CREDIT FOR TELEWORKING.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following new section:
``SEC. 30D. TELEWORKING CREDIT.
``(a) Allowance of Credit.--In the case of an eligible taxpayer,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the qualified
teleworking expenses paid or incurred by the taxpayer during such year.
``(b) Maximum Credit.--
``(1) Per teleworker limitation.--The credit allowed by
subsection (a) for a taxable year with respect to qualified
teleworking expenses paid or incurred by or on behalf of an
individual teleworker shall not exceed--
``(A) in the case of an eligible taxpayer described
in subsection (c)(1)(A), $1,000, and
``(B) in the case of an eligible taxpayer described
in subsection (c)(1)(B), $2,000.
``(2) Reduction for teleworking less than full year.--In
the case of an individual who is in a teleworking arrangement
for less than a full taxable year, the dollar amount referred
to subparagraph (A) or (B) of paragraph (1) shall be reduced by
an amount which bears the same ratio to such dollar amount as
the number of months in which such individual is not in a
teleworking arrangement bears to 12. For purposes of the
preceding sentence, an individual shall be treated as being in
a teleworking arrangement for a month if the individual is
subject to such arrangement for any day of such month.
``(c) Definitions.--For purposes of this section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means--
``(A) in the case of an individual, an individual
who performs services for an employer under a
teleworking arrangement, and
``(B) in the case of an employer, an employer for
whom employees perform services under a teleworking
arrangement.
``(2) Teleworking arrangement.--The term `teleworking
arrangement' means an arrangement under which an employee
teleworks for an employer not less than 75 days per year.
``(3) Qualified teleworking expenses.--The term `qualified
teleworking expenses' means expenses paid or incurred under a
teleworking arrangement for furnishings and electronic
information equipment which are used to enable an individual to
telework.
``(4) Telework.--The term `telework' means to perform work
functions, using electronic information and communication
technologies, thereby reducing or eliminating the physical
commute to and from the traditional work site.
``(d) Limitation Based on Amount of Tax.--
``(1) Liability for tax.--The credit allowable under
subsection (a) for any taxable year shall not exceed the excess
(if any) of--
``(A) the regular tax for the taxable year, reduced
by the sum of the credits allowable under subpart A and
the preceding sections of this subpart, over
``(B) the tentative minimum tax for the taxable
year.
``(2) Carryforward of unused credit.--If the amount of the
credit allowable under subsection (a) for any taxable year
exceeds the limitation under paragraph (1) for the taxable
year, the excess shall be carried to the succeeding taxable
year and added to the amount allowable as a credit under
subsection (a) for such succeeding taxable year.
``(e) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit (determined without regard to
subsection (d)).
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit.
``(3) Property used outside united states not qualified.--
No credit shall be allowed under subsection (a) with respect to
any property referred to in section 50(b)(1) or with respect to
the portion of the cost of any property taken into account
under section 179.
``(4) Election to not take credit.--No credit shall be
allowed under subsection (a) for any expense if the taxpayer
elects to not have this section apply with respect to such
expense.
``(5) Denial of double benefit.--No deduction or credit
(other than under this section) shall be allowed under this
chapter with respect to any expense which is taken into account
in determining the credit under this section.''.
(b) Conforming Amendments.--
(1) Subsection (a) of section 1016 of the Internal Revenue
Code of 1986 is amended by striking ``and'' at the end of
paragraph (36), by striking the period at the end of paragraph
(37) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(38) to the extent provided in section 30D(e)(1), in the
case of amounts with respect to which a credit has been allowed
under section 30D.''.
(2) Section 55(c)(3) of such Code is amended by inserting
``30D(d),'' after ``30(b)(3),''.
(3) Section 6501(m) of such Code is amended by inserting
``30D(e)(4),'' after ``30C(e)(5),''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 30D. Teleworking credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act, in taxable years ending after such date.
SEC. 302. EMPLOYER-PROVIDED COMPUTER EQUIPMENT TREATED AS FRINGE
BENEFIT.
(a) In General.--Subsection (a) of section 132 of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
paragraph (7), by striking the period at the end of paragraph (8) and
inserting ``, or'', and by adding at the end the following new
paragraph:
``(9) qualified employer-provided computer equipment
fringe.''.
(b) Qualified Employer-Provided Computer Equipment Fringe.--Section
132 of such Code is amended by redesignating subsection (o) as
subsection (p) and by inserting after subsection (n) the following new
subsection:
``(o) Qualified Employer-Provided Computer Equipment Fringe.--For
purposes of this section--
``(1) In general.--The term `qualified employer-provided
computer equipment fringe' means any computer and related
equipment and services provided to an employee by an employer
if--
``(A) such computer and related equipment and
services are necessary for the employee to perform work
for the employer from the employee's home, and
``(B) the employee makes substantial business use
of the equipment in the performance of work for the
employer.
``(2) Substantial use.--For purposes of paragraph (1), the
term `substantial business use' includes standby use for
periods when work from home may be required by the employer
such as during work closures caused by the threat of terrorism,
inclement weather, or natural disasters.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 303. SENSE OF CONGRESS.
It is the sense of Congress that Congress and the employees of the
legislative branch of the Federal Government should--
(1) conserve gasoline, aviation, and diesel fuel by
whatever means practicable; and
(2) as a part of such conservation efforts, promote
teleworking. | Gasoline Affordability and Security Act or the GAS Act - States it is unlawful to sell gasoline or diesel fuel at a price which constitutes price gouging (as defined by Federal Trade Commission (FTC)) during the 30-day period beginning on the date on which the President determines the existence of conditions warranting the drawdown and sale of petroleum products from the Strategic Petroleum Reserve.
Requires the FTC to establish a Competitive Pricing Task Force to provide assistance upon request of a state attorney general.
Amends the Energy Policy Act of 2005 to direct the Secretary of Energy to: (1) ensure that specified funds are allocated to coal-based gasification technologies, including a Fischer-Tropsch technology project to produce ultra-low sulfur liquid transportation fuel; (2) establish as an energy policy priority the expedited, large-scale commercialization of such technology; and (3) provide funds for a subsequent Fischer-Tropsch technology project.
Amends the Internal Revenue Code to allow as a credit against the income tax the qualified teleworking expenses paid or incurred by the taxpayer during such year.
Prescribes guidelines for the treatment of employer-provided computer equipment as a fringe benefit.
Expresses the sense of Congress that Congress and the employees of the legislative branch of the federal government should: (1) conserve gasoline, aviation, and diesel fuel by whatever means practicable; and (2) as a part of such conservation efforts, promote teleworking. | A bill to ensure gasoline affordability and security. |
923 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community and Postal Participation
Act of 1998''.
SEC. 2. GUIDELINES FOR RELOCATION, CLOSING, OR CONSOLIDATION OF POST
OFFICES.
Section 404 of title 39, United States Code, is amended by striking
subsection (b) and inserting the following:
``(b)(1) Before making a determination under subsection (a)(3) as
to the necessity for the relocation, closing, or consolidation of any
post office, the Postal Service shall provide adequate notice to
persons served by that post office of the intention of the Postal
Service to relocate, close, or consolidate that post office not later
than 60 days before the proposed date of that relocation, closing, or
consolidation.
``(2)(A) The notification under paragraph (1) shall be in writing,
hand delivered or delivered by mail to persons served by that post
office, and published in 1 or more newspapers of general circulation
within the zip codes served by that post office.
``(B) The notification under paragraph (1) shall include--
``(i) an identification of the relocation, closing, or
consolidation of the post office involved;
``(ii) a summary of the reasons for the relocation,
closing, or consolidation; and
``(iii) the proposed date for the relocation, closing, or
consolidation.
``(3) Any person served by the post office that is the subject of a
notification under paragraph (1) may offer an alternative relocation,
consolidation, or closing proposal during the 60-day period beginning
on the date on which the notice is provided under paragraph (1).
``(4)(A) At the end of the period specified in paragraph (3), the
Postal Service shall make a determination under subsection (a)(3).
Before making a final determination, the Postal Service shall conduct a
hearing, and persons served by the post office that is the subject of a
notice under paragraph (1) may present oral or written testimony with
respect to the relocation, closing, or consolidation of the post
office.
``(B) In making a determination as to whether or not to relocate,
close, or consolidate a post office, the Postal Service shall
consider--
``(i) the extent to which the post office is part of a core
downtown business area;
``(ii) any potential effect of the relocation, closing, or
consolidation on the community served by the post office;
``(iii) whether the community served by the post office
opposes a relocation, closing, or consolidation;
``(iv) any potential effect of the relocation, closing, or
consolidation on employees of the Postal Service employed at
the post office;
``(v) whether the relocation, closing, or consolidation of
the post office is consistent with the policy of the Government
under section 101(b) that requires the Postal Service to provide a
maximum degree of effective and regular postal services to rural areas,
communities, and small towns in which post offices are not self-
sustaining;
``(vi) the quantified long-term economic saving to the
Postal Service resulting from the relocation, closing, or
consolidation;
``(vii) whether postal officials engaged in negotiations
with persons served by the post office concerning the proposed
relocation, closing, or consolidation;
``(viii) whether management of the post office contributed
to a desire to relocate;
``(ix)(I) the adequacy of the existing post office; and
``(II) whether all reasonable alternatives to relocation,
closing, or consolidation have been explored; and
``(x) any other factor that the Postal Service determines
to be necessary for making a determination whether to relocate,
close, or consolidate that post office.
``(5)(A) Any determination of the Postal Service to relocate,
close, or consolidate a post office shall be in writing and shall
include the findings of the Postal Service with respect to the
considerations required to be made under paragraph (4).
``(B) The Postal Service shall respond to all of the alternative
proposals described in paragraph (3) in a consolidated report that
includes--
``(i) the determination and findings under subparagraph
(A); and
``(ii) each alternative proposal and a response by the
Postal Service.
``(C) The Postal Service shall make available to the public a copy
of the report prepared under subparagraph (B) at the post office that
is the subject of the report.
``(6)(A) The Postal Service shall take no action to relocate,
close, or consolidate a post office until the applicable date described
in subparagraph (B).
``(B) The applicable date specified in this subparagraph is--
``(i) if no appeal is made under paragraph (7), the end of
the 60-day period specified in that paragraph; or
``(ii) if an appeal is made under paragraph (7), the date
on which a determination is made by the Commission under
paragraph 7(A), but not later than 120 days after the date on
which the appeal is made.
``(7)(A) A determination of the Postal Service to relocate, close,
or consolidate any post office may be appealed by any person served by
that post office to the Postal Rate Commission during the 60-day period
beginning on the date on which the report is made available under
paragraph (5). The Commission shall review the determination on the
basis of the record before the Postal Service in the making of the
determination. The Commission shall make a determination based on that
review not later than 120 days after appeal is made under this
paragraph.
``(B) The Commission shall set aside any determination, findings,
and conclusions of the Postal Service that the Commission finds to be--
``(i) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with the law;
``(ii) without observance of procedure required by law; or
``(iii) unsupported by substantial evidence on the record.
``(C) The Commission may affirm the determination of the Postal
Service that is the subject of an appeal under subparagraph (A) or
order that the entire matter that is the subject of that appeal be
returned for further consideration, but the Commission may not modify
the determination of the Postal Service. The Commission may suspend the
effectiveness of the determination of the Postal Service until the
final disposition of the appeal.
``(D) The provisions of sections 556 and 557, and chapter 7 of
title 5 shall not apply to any review carried out by the Commission
under this paragraph.
``(E) A determination made by the Commission shall not be subject
to judicial review.
``(8) In any case in which a community has in effect procedures to
address the relocation, closing, or consolidation of buildings in the
community, and the public participation requirements of those
procedures are more stringent than those provided in this subsection,
the Postal Service shall apply those procedures to the relocation,
consolidation, or closing of a post office in that community in lieu of
applying the procedures established in this subsection.
``(9) In making a determination to relocate, close, or consolidate
any post office, the Postal Service shall comply with any applicable
zoning, planning, or land use laws (including building codes and other
related laws of State or local public entities, including any zoning
authority with jurisdiction over the area in which the post office is
located).
``(10) The relocation, closing, or consolidation of any post office
under this subsection shall be conducted in accordance with section 110
of the National Historic Preservation Act (16 U.S.C. 470h-2).''.
SEC. 3. POLICY STATEMENT.
Section 101(g) of title 39, United States Code, is amended by
adding at the end the following: ``In addition to taking into
consideration the matters referred to in the preceding sentence, with
respect to the creation of any new postal facility, the Postal Service
shall consider the potential effects of that facility on the community
to be served by that facility and the service provided by any facility
in operation at the time that a determination is made whether to plan
or build that facility.''. | Community and Postal Participation Act of 1998 - Modifies Federal postal provisions to require 60-days' written notice before the relocation, closing, or consolidation (currently, the closing or consolidation) of a post office. Requires such notice to be: (1) hand delivered or delivered by mail; and (2) published in one or more newspapers of general circulation within the zip codes served by such post office.
Sets forth provisions which: (1) allow any person served by the post office to offer an alternative relocation, consolidation, or closing proposal within such 60-day period; and (2) require the Postal Service to conduct a hearing to allow such persons to present oral or written testimony.
Revises factors to be considered in deciding whether to relocate, close, or consolidate a post office to include: (1) the extent to which the post office is part of a core downtown business area; (2) the sentiment of the community served; (3) whether postal officials negotiated with persons served; (4) whether management of the post office contributed to a desire to relocate; and (5) the adequacy of the existing post office. Requires the Postal Service to respond to all alternative proposals by way of a consolidated report containing findings and determinations with respect to each such proposal and to make a copy of such report available at such post office.
Provides for an appeal to the Postal Rate Commission of a decision to relocate, close, or consolidate.
Requires the Postal Service to follow a community's public participation procedures to address the relocation, closing, or consolidation of buildings in the community if participation requirements of such procedures are more stringent than those provided in this Act.
Requires the Postal Service, in making a determination to relocate, close, or consolidate any post office, to comply with any zoning, planning, or land use regulations or building codes applicable to State or local public entities, including the zoning authority of the local jurisdiction.
Includes within the Postal Service policy with respect to planning and building new postal facilities that the Service consider the effect a new facility may have on the community and the service provided by any facility currently in operation at the time that such a decision is made. | Community and Postal Participation Act of 1998 |
924 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bipartisan Commission on Campaign
Practices Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) for Congress to address the existing problems in the
Federal election laws, Congress must act in a nonpartisan
manner and engage in a debate based on academic studies and
empirical findings instead of partisan rhetoric;
(2) when addressing Federal election laws, Congress must be
cognizant of the freedoms of speech and association protected
under the Constitution; and
(3) the current Federal election laws unduly favor
incumbent Members of Congress, and, in previous years, Congress
has not been able to eliminate this bias when addressing the
reform of the Federal election laws.
SEC. 3. ESTABLISHMENT AND PURPOSE OF COMMISSION.
There is established a commission to be known as the ``Bipartisan
Commission on Campaign Practices'' (referred to in this Act as the
``Commission''). The purposes of the Commission are to study the laws
relating to elections for Federal office and to report and recommend
legislation to reform those laws.
SEC. 4. MEMBERSHIP OF COMMISSION.
(a) Appointment.--The Commission shall be composed of 12 members
appointed within 15 days after the date of the enactment of this Act by
the President, by and with the advice and consent of the Senate, from
among individuals who are not incumbent Members of Congress and who are
specially qualified to serve on the Commission by reason of education,
training, or experience. In making appointments, the President shall
consult--
(1) the Speaker of the House of Representatives with
respect to the appointment of 3 members, one of whom is not
affiliated with either the Republican Party or the Democratic
Party;
(2) the majority leader of the Senate with respect to the
appointment of 3 members, one of whom is not affiliated with
either the Republican Party or the Democratic Party;
(3) the minority leader of the House of Representatives
with respect to the appointment of 2 members, one of whom is
not affiliated with either the Republican Party or the
Democratic Party; and
(4) the minority leader of the Senate with respect to the
appointment of 2 members, one of whom is not affiliated with
either the Republican Party or the Democratic Party.
(b) Chairman.--At the time of the appointment, the President shall
designate one member of the Commission as Chairman of the Commission.
The Chairman may not be affiliated with either the Republican Party or
the Democratic Party.
(c) Terms.--The members of the Commission shall serve for the life
of the Commission.
(d) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(e) Political Affiliation.--Not more than 4 members of the
Commission may be of the same political party.
SEC. 5. POWERS OF COMMISSION.
(a) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
(b) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may hold hearings. A majority of the full
Commission is required when approving all or a portion of the
recommended legislation. Any member of the Commission may, if
authorized by the Commission, take any action which the Commission is
authorized to take under this section.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Pay and Travel Expenses of Members.--(1) Each member of the
Commission, other than the Chairman, shall be paid at a rate equal to
the daily equivalent of the annual rate of basic pay payable for level
IV of the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during which the
member is engaged in the actual performance of duties vested in the
Commission. The Chairman shall be paid for each day referred to in the
preceding sentence at a rate equal to the daily equivalent of the
annual rate of basic pay payable for level III of the Executive
Schedule under section 5314 of title 5, United States Code.
(2) Members of the Commission shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(b) Staff Director.--The Commission shall, without regard to
section 5311(b) of title 5, United States Code, appoint a staff
director, who shall be paid at the rate of basic pay payable for level
IV of the Executive Schedule under section 5315 of title 5, United
States Code.
(c) Staff of Commission; Services.--
(1) In general.--Subject to such rules as may be adopted by
the Commission, the Chair, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that
title relating to classifications and General Schedule pay rates, may
appoint such personnel as the chair considers necessary, except that an
individual so appointed may not receive pay in excess of the maximum
annual rate of basic pay payable for grade GS-15 of the General
Schedule under section 5332 of title 5, United States Code.
(2) Temporary and intermittent services.--The Chair may
procure temporary and intermittent services to the same extent
as is authorized by section 3109(b) of title 5, United States
Code.
SEC. 7. REPORT AND RECOMMENDED LEGISLATION.
(a) Report.--Not later than 90 days after the selection of the
Chair of the Commission, the Commission shall submit to the Congress a
report of the activities of the Commission.
(b) Recommendations.--The report under subsection (a) shall include
any recommendations for changes in the laws (including regulations)
governing the conducting and financing of Federal campaigns, including
any changes in the rules of the Senate or the House of Representatives,
to which 7 or more members of the Commission may agree.
(c) Preparation of Legislation.--If 7 or more members concur on a
recommendation submitted under subsection (b), those members shall
prepare and submit with the report under subsection (a) legislation to
implement the recommendation.
(d) Expedited Congressional Consideration of Legislation.--
(1) In general.--If any legislation is introduced the
substance of which implements a recommendation of the
Commission submitted under subsection (b), subject to paragraph
(2), the provisions of section 2908 (other than subsection (a))
of the Defense Base Closure and Realignment Act of 1990 shall
apply to the consideration of the legislation in the same
manner as such provisions apply to a joint resolution described
in section 2908(a) of such Act.
(2) Special rules.--For purposes of applying paragraph (1)
with respect to such provisions, the following rules shall
apply:
(A) Any reference to the Committee on Armed
Services of the House of Representatives shall be
deemed a reference to the Committee on House Oversight
of the House of Representatives and any reference to
the Committee on Armed Services of the Senate shall be
deemed a reference to the Committee on Rules and
Administration of the Senate.
(B) Any reference to the date on which the
President transmits a report shall be deemed a
reference to the date on which the recommendation
involved is submitted under subsection (b).
(C) Notwithstanding subsection (d)(2) of section
2908 of such Act--
(i) it shall be in order to consider an
amendment in the nature of a substitute to the
legislation offered by the majority leader of
the House of Representatives or the Senate (as
the case may be);
(ii) it shall be in order to consider an
amendment in the nature of a substitute to the
legislation offered by the minority leader of
the House of Representatives or the Senate (as
the case may be);
(iii) a separate vote shall be taken in
each House on adoption of each of the
amendments offered and on the legislation as
introduced; and
(iv) if more than one version of the
legislation is adopted by a House pursuant to
clause (iii), the version receiving the
greatest number of votes in favor of adoption
shall be deemed to be legislation passed by
that House.
SEC. 8. PRIMARY OBJECTIVES OF THE COMMISSION.
In formulating its draft of legislation under section 7, the
Commission shall consider the following to be its primary objectives:
(1) Encouraging fair and open Federal elections that
provide voters with meaningful information about candidates and
issues.
(2) Eliminating the disproportionate influence of special
interest financing of Federal elections.
(3) Creating a system in which incumbent Members of
Congress do not possess an inherent advantage over challengers.
SEC. 9. TERMINATION.
The Commission shall cease to exist 60 days after the date of the
submission of its report under section 7.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such sums
as are necessary to carry out its duties under this Act. | Bipartisan Commission on Campaign Practices Act of 1996 - Establishes the Bipartisan Commission on Campaign Practices. Directs the Commission to study the laws relating to elections for Federal office and to report and recommend legislation to reform those laws.
(Sec. 7) Requires the Commission to report on its activities to the Congress not later than 90 days after the selection of the Chair of the Commission. Directs that if seven or more members concur on a recommendation, those members shall prepare and submit with the report legislation to implement the recommendation. Provides for expedited congressional consideration of any legislation the substance of which implements a recommendation of the Commission. (Sec. 8) Sets forth the primary objectives of the Commission.
(Sec. 9) Terminates the Commission 60 days after the submission of its report.
(Sec. 10) Authorizes to be appropriated to the Commission such sums as are necessary to carry out its duties. | Bipartisan Commission on Campaign Practices Act of 1996 |
925 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Abuse Reform and Enforcement
Act of 2005'' or ``CARE Act of 2005''.
TITLE I--WITHHOLDING AND REDISTRIBUTION OF CERTAIN STATE CHILD
PROTECTION FUNDS
SEC. 101. WITHHOLDING AND REDISTRIBUTION OF STATE FUNDS.
(a) Child Abuse Prevention and Treatment Act.--Beginning 1 year
after the date of the enactment of this Act, the Secretary of Health
and Human Services shall reduce, by 25 percent, the allocation to a
State for a fiscal year under title I of the Child Abuse Prevention and
Treatment Act that does not meet each of the requirements of title II
of this Act.
(b) National Child Protection Act of 1993.--Beginning 1 year after
the date of the enactment of this Act, the Attorney General shall
reduce, by 25 percent, amounts under a grant under section 4(b) of the
National Child Protection Act of 1993 to a State for a fiscal year that
does not meet each of the requirements of title II of this Act.
(c) Redistribution of Funds.--The Attorney General shall, using
funds withheld under this section and amounts appropriated pursuant to
the authorization of appropriations under section 102, provide grants
to States that meet the requirements of title II of this Act. A grant
made under this subsection shall be used--
(1) for the computerization of data and criminal history
files for purposes of title II of this Act;
(2) for the improvement of existing data and computerized
criminal history files for purposes of title II of this Act;
and
(3) to assist the State in the transmittal of data and
criminal records to, or the indexing of data and criminal
history records in, the national data and criminal history
systems for purposes of title II of this Act.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL FUNDING GRANTS
FOR THE IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.
There are authorized to be appropriated for additional grants under
section 101(c) $50,000,000 for each of the fiscal years 2006 through
2009.
TITLE II--CHILD SEXUAL ABUSE PROTECTION AND SENTENCING REFORM
SEC. 201. REQUIREMENT TO EQUALIZE SENTENCING REQUIREMENTS FOR
INTRAFAMILIAL AND EXTRAFAMILIAL CHILD SEXUAL ABUSE.
(a) State Study of Laws Regarding Intrafamilial and Extrafamilial
Child Sexual Abuse.--A State meets the requirements of this subsection
if, not later than 1 year after the date of enactment of this Act, the
State--
(1) has studied the laws in the State that apply to
intrafamilial and extrafamilial sexual abuse of children; and
(2) has examined, at a minimum--
(A) issues concerning differences in laws
applicable to intrafamilial and extrafamilial child
sexual abuse;
(B) issues concerning disparities in charging and
sentencing perpetrators of child sexual abuse,
resulting from differences in applicable laws; and
(C) issues concerning legislative actions necessary
to equalize charging and sentencing of perpetrators of
sexual abuse without regard to familial relationship of
perpetrator to child victim.
(b) Report to the Attorney General.--A State meets the requirements
of this subsection if the State submits to the Attorney General a
report that contains the results of the study conducted under
subsection (a).
(c) Legislative Actions to Equalize Sentencing Requirements.--
(1) In general.--Except as provided in paragraph (2), a
State meets the requirements of this subsection if, not later
than 1 year after the date of enactment of this Act, the State
has implemented legislative actions necessary to equalize
charging and sentencing of perpetrators of sexual abuse without
regard to familial relationship of perpetrator to child victim.
(2) Exception.--The Attorney General may provide for an
extension of the 1-year time requirement in paragraph (1) for
any State if the Attorney General determines that State
legislation (other than legislation appropriating funds) is
required to meet the additional requirements imposed by this
Act.
SEC. 202. REQUIREMENT TO GATHER INFORMATION ON SEXUAL ABUSE OF
CHILDREN.
A State meets the requirements of this section if the State--
(1) compiles and analyzes data relating to intrafamilial
and extrafamilial sexual abuse of children;
(2) promotes regulations requiring the gathering of such
data by State courts and State agencies for compilation and
analysis purposes;
(3) provides, on an annual basis, to the Attorney General,
the Secretary of Health and Human Services, and the Bureau of
Justice Statistics a report containing the data referred to in
paragraph (1) and a description of the regulations referred to
in paragraph (2). | Child Abuse Reform and Enforcement Act of 2005 - CARE Act of 2005 - Directs the Secretary of Health and Human Services and the Attorney General to reduce by 25 percent certain fiscal year allocations and grant amounts, under the Child Abuse Prevention and Treatment Act and the National Child Protection Act of 1993, respectively, to any state that is not in compliance with requirements of this Act.
Directs the Attorney General to use such withheld amounts and authorized funds under this Act for additional grants to states in compliance to computerize, improve, transmit, and index their own data and criminal history files in the national data and criminal history systems for child sexual abuse protection and sentencing reform.
Requires a state, to be eligible for funding under this Act, to: (1) study its laws pertaining to intrafamilial and extrafamilial sexual abuse of children, and examine issues concerning their differences; (2) examine disparities in charging and sentencing perpetrators of child sexual abuse; (3) examine, and implement, legislative actions necessary to equalize charging and sentencing without regard to familial relationship of perpetrator to child victim; (4) compile, analyze, and report relevant data; and (5) promote regulations requiring its courts and agencies to compile such data. | To promote the improvement of information on, and protections against, child sexual abuse. |
926 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard Border Enforcement
Act''.
SEC. 2. USE OF NATIONAL GUARD TO SUPPORT DEPARTMENT OF HOMELAND
SECURITY BORDER CONTROL ACTIVITIES.
(a) Expanded Deployment of National Guard; Duration.--
(1) Deployment; duration.--In addition to the number of
members of the National Guard deployed along the international
border between the United States and Mexico as of the date of
the enactment of this Act, the Secretary of Defense shall
provide for the deployment of not less than an additional
10,000 members of the National Guard along the international
border between the United States and Mexico until the date on
which the Secretary of Homeland Security certifies that the
Federal Government has achieved operational control of the
international border.
(2) Additional deployments.--The Secretary of Defense may
exceed the number specified in paragraph (1) at the request of
a Governor of a State that shares a portion of the
international border between the United States and Mexico if,
despite the deployment of the additional 10,000 members of the
National Guard along the international border, operational
control of the international border has not been achieved.
(3) Deployment authorities.--Members of the National Guard
required to be deployed pursuant to paragraph (1) may be
deployed under section 502(f) of title 32, United States Code,
pursuant to a State border control activities plan approved
under section 112a of such title, as added by subsection (b),
or pursuant to the order of the Secretary of Defense under any
other provision of law.
(4) Exemption from end strengths and other limitations.--
Members of the National Guard deployed pursuant to paragraph
(1) shall not be included in the calculation to determine
compliance with--
(A) limits on end strength; or
(B) limits on the number of National Guard personal
that may be placed on active duty for operational
support.
(5) Operational control defined.--In this subsection, the
term ``operational control'' has the meaning given that term in
section 2(b) of the Secure Fence Act of 2006 (Public Law 109-
367; 8 U.S.C. 1701 note).
(b) Federal Assistance for State Border Control Activities Plans.--
Chapter 1 of title 32, United States Code, is amended by inserting
after section 112 the following:
``Sec. 112a. Border control activities
``(a) Funding Assistance.--The Secretary of Defense shall provide
funds to the Governor of a State who submits to the Secretary a State
border control activities plan satisfying the requirements of
subsection (c). Such funds shall be used for the following:
``(1) The pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses, as authorized by
State law, of personnel of the National Guard of that State
used, while not in Federal service, for the purpose of border
control activities.
``(2) The operation and maintenance of the equipment and
facilities of the National Guard of that State used for the
purpose of border control activities.
``(3) The procurement of services and equipment, and the
leasing of equipment, for the National Guard of that State used
for the purpose of border control activities. However, the use
of such funds for the procurement of equipment may not exceed
$5,000 per item, unless approval for procurement of equipment
in excess of that amount is granted in advance by the Secretary
of Defense.
``(b) Use of Personnel Performing Full-Time National Guard Duty.--
(1) Under regulations prescribed by the Secretary of Defense, personnel
of the National Guard of a State may, in accordance with the State
border control activities plan referred to in subsection (c), be
ordered to perform full-time National Guard duty under section 502(f)
of this title for the purpose of carrying out border control
activities.
``(2)(A) A member of the National Guard serving on full-time
National Guard duty under orders authorized under paragraph (1) shall
participate in the training required under section 502(a) of this title
in addition to the duty performed for the purpose authorized under that
paragraph. The pay, allowances, and other benefits of the member while
participating in the training shall be the same as those to which the
member is entitled while performing duty for the purpose of carrying
out border control activities. The member is not entitled to additional
pay, allowances, or other benefits for participation in training
required under section 502(a)(1) of this title.
``(B) Appropriations available for the Department of Defense for
homeland defense may be used for paying costs associated with a
member's participation in training described in subparagraph (A). The
appropriation shall be reimbursed in full, out of appropriations
available for paying those costs, for the amounts paid. Appropriations
available for paying those costs shall be available for making the
reimbursements.
``(C) To ensure that the use of units and personnel of the National
Guard of a State pursuant to a State border control activities plan
does not degrade the training and readiness of such units and
personnel, the following requirements shall apply in determining the
border control activities that units and personnel of the National
Guard of a State may perform:
``(i) The performance of the activities may not adversely
affect the quality of that training or otherwise interfere with
the ability of a member or unit of the National Guard to
perform the military functions of the member or unit.
``(ii) National Guard personnel will not degrade their
military skills as a result of performing the activities.
``(iii) The performance of the activities will not result
in a significant increase in the cost of training.
``(iv) In the case of border control activities performed
by a unit organized to serve as a unit, the activities will
support valid unit training requirements.
``(c) Plan Requirements.--A State border control activities plan
shall--
``(1) specify how personnel of the National Guard of that
State are to be used in border control activities in support of
the mission of the United States Customs and Border Protection
of the Department of Homeland Security;
``(2) certify that those operations are to be conducted at
a time when the personnel involved are not in Federal service;
``(3) certify that participation by National Guard
personnel in those operations is service in addition to
training required under section 502 of this title;
``(4) certify that any engineer-type activities (as defined
by the Secretary of Defense) under the plan will be performed
only by units and members of the National Guard;
``(5) include a certification by the Attorney General of
the State (or, in the case of a State with no position of
Attorney General, a civilian official of the State equivalent
to a State attorney general) that the use of the National Guard
of the State for the activities proposed under the plan is
authorized by, and is consistent with, State law; and
``(6) certify that the Governor of the State or a civilian
law enforcement official of the State designated by the
Governor has determined that any activities included in the
plan that are carried out in conjunction with Federal law
enforcement agencies serve a State law enforcement purpose.
``(d) Examination of Plan.--Before funds are provided to the
Governor of a State under this section and before members of the
National Guard of that State are ordered to full-time National Guard
duty as authorized in subsection (b), the Secretary of Defense shall,
in consultation with the Secretary of Homeland Security, examine the
adequacy of the plan submitted by the Governor under subsection (c).
The plan as approved by the Secretary of Defense may provide for the
use of personnel and equipment of the National Guard of that State to
assist United States Customs and Border Protection in the
transportation of aliens who have violated a Federal immigration law.
``(e) End Strength Limitation.--(1) Except as provided in
paragraphs (2) and (3), at the end of a fiscal year there may not be
more than 10,000 members of the National Guard--
``(A) on full-time National Guard duty under section 502(f)
of this title to perform border control activities pursuant to
an order to duty; or
``(B) on duty under State authority to perform border
control activities pursuant to an order to duty with State pay
and allowances being reimbursed with funds provided under
subsection (a)(1).
``(2) The Secretary of Defense may increase the end strength
authorized under paragraph (1) if the Secretary determines that such an
increase is necessary in the national security interests of the United
States.
``(3) National Guard personnel deployed pursuant to paragraph (1)
shall not be included in the calculation to determine compliance with--
``(A) limits on end strength; or
``(B) limits on the number of National Guard personal that
may be placed on active duty for operational support.
``(f) Annual Report.--The Secretary of Defense shall submit to
Congress an annual report regarding assistance provided and activities
carried out under this section during the preceding fiscal year. The
report shall include the following:
``(1) The number of members of the National Guard excluded
under subsection (e) from the computation of end strengths.
``(2) A description of the border control activities
conducted under State border control activities plans referred
to in subsection (c) with funds provided under this section.
``(3) An accounting of the amount of funds provided to each
State.
``(4) A description of the effect on military training and
readiness of using units and personnel of the National Guard to
perform activities under the State border control activities
plans.
``(g) Statutory Construction.--Nothing in this section shall be
construed as a limitation on the authority of any unit of the National
Guard of a State, when such unit is not in Federal service, to perform
law enforcement functions authorized to be performed by the National
Guard by the laws of the State concerned.
``(h) Definitions.--In this section:
``(1) The term `border control activities', with respect to
the National Guard of a State, means the use of National Guard
personnel in border control activities authorized by the law of
the State and requested by the Governor of the State in support
of the mission of the United States Customs and Border
Protection of the Department of Homeland Security, including
activities as follows:
``(A) Armed vehicle and foot patrols along the
international border between the United States and
Mexico.
``(B) Interdiction of a vehicle, vessel, aircraft
or other similar activity.
``(C) Search, seizure, and detention of suspects.
``(D) Construction of roads, fences, and vehicle
barriers.
``(E) Search and rescue operations.
``(F) Intelligence gathering, surveillance, and
reconnaissance.
``(G) Aviation support.
``(2) The term `Governor of a State' means, in the case of
the District of Columbia, the Commanding General of the
National Guard of the District of Columbia.
``(3) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, or a
territory or possession of the United States.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 1 of such title is amended by inserting after the item relating
to section 112 the following:
``112a. Border control activities.''. | National Guard Border Enforcement Act - Directs the Secretary of Defense (DOD) (Secretary) to deploy at least an additional 10,000 members of the National Guard for border control activities along the U.S.-Mexico border until the Secretary of Homeland Security (DHS) certifies that the federal government has achieved operational control of the border.
Authorizes the Secretary to exceed 10,000 upon the request of a state that shares a portion of the U.S.-Mexico border if, despite deployment of the additional 10,000, operational control of the border has not been achieved.
Requires the Secretary to provide funding to a state that submits to the Secretary of State a state border control activities plan meeting certain requirements. Limits the number of National Guard that may be so deployed. | To utilize the National Guard to provide support for the border control activities of the United States Customs and Border Protection of the Department of Homeland Security, and for other purposes. |
927 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Living Wage Responsibility
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to data from fiscal year 1999, approximately
162,000 Federal contract workers did not earn a wage sufficient
to lift a family of four out of poverty. Just under 60 percent
of these poorly paid workers work for large firms and 62
percent work on Department of Defense contracts. These workers
represent 11 percent of the total 1.4 million Federal contract
workers in the United States.
(2) As of September 2000, 14,356 workers employed by the
Federal Government earned less than the poverty level for a
family of four.
(3) A majority of workers earning less than a living wage
are adult females working full-time. A disproportionate number
of workers earning less than a living wage are minorities.
(4) The Federal Government provides billions of dollars to
businesses each year, through spending programs, grants and
Government-favored financing.
(5) In fiscal year 1999, the Federal Government awarded
contracts worth over $208 billion.
(6) Congress must ensure that Federal dollars are used
responsibly to improve the economic security and well-being of
Americans across the country.
SEC. 3. POVERTY-LEVEL WAGE.
(a) General Rule.--Notwithstanding any other law that does not
specifically exempt itself from this Act and except as provided in
subsection (b), the Federal Government and any employer under a Federal
contract for an amount exceeding $10,000 (or a subcontract under such a
contract) shall pay to each of their respective workers--
(1) an hourly wage (or salary equivalent) sufficient for a
worker to earn, while working 40 hours a week on a full-time
basis, the amount of the Federal poverty level for a family of
four (as published in the Federal Register by the Department of
Health and Human Services under the authority of section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2)));
and
(2) an additional amount, determined by the Secretary based
on the locality in which a worker resides, sufficient to cover
the costs to such worker to obtain any fringe benefits not
provided by the worker's employer.
(b) Exemptions.--Subsection (a) does not apply to the following:
(1) A small-business concern (as that term is used in
section 3 of the Small Business Act (15 U.S.C. 632)).
(2) A nonprofit organization exempt from Federal income tax
under section 501(c) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)), if the ratio of the total wages of the chief
executive officer of such organization to the wages of the
full-time equivalent of the lowest paid worker is not greater
than 25 to 1.
(c) Retaliation Prohibited.--It shall be unlawful for any employer
subject to subsection (a) to terminate or suspend the employment of a
worker on the basis of such worker's allegation of a violation of
subsection (a).
(d) Contract Requirement.--Any contract subject to subsection (a)
shall contain a provision requiring the Federal contractor to ensure
that any worker hired under such contract (or a subcontract thereof)
shall be paid in accordance with subsection (a).
SEC. 4. ENFORCEMENT BY SECRETARY.
(a) In General.--If the Secretary determines (in a written finding
setting forth a detailed explanation of such determination), after
notice and an opportunity for a hearing on the record, that a Federal
contractor (or any subcontractor thereof) subject to section 3 has
engaged in a pattern or practice of violations of section 3, the
following shall apply to such Federal contractor:
(1) Contract cancellation.--After final adjudication of a
pattern or practice of violations, the United States may cancel
any contract (or the remainder thereof) with the Federal
contractor that is a part of the pattern or practice of
violations.
(2) Restitution.--A Federal contractor whose contract is
cancelled under paragraph (1) shall be liable to the United
States in an amount equal to the costs to the Government in
obtaining a replacement contractor to cover the remainder of
any contract cancelled under paragraph (1).
(3) Contract ineligibility.--After final adjudication of a
pattern or practice of violations, the Federal contractor shall
be ineligible to enter into, extend, or renew a contract with
the United States for a period of five years after the date of
such adjudication.
(4) Publication.--Not later than 90 days after final
adjudication of a pattern or practice of violations, the
Secretary shall publish in the Federal Register a notice
describing the ineligibility of the Federal contractor under
paragraph (3).
(b) Safe Harbor.--Subsection (a) shall not apply if--
(1) the Federal contractor has entered into a consent
agreement with the Secretary with regard to a pattern or
practice of violations of section 3 and has paid to any
aggrieved workers all wages due them, to the satisfaction of
the Secretary; or
(2) the Secretary determines, after consultation with the
affected Government entity, that cancellation or debarment
under subsection (a) would not be in the best interests of the
Nation or of such Government entity.
(c) Judicial Review.--Any Federal contractor aggrieved by an
adverse determination of the Secretary under subsection (a) may seek
review of such determination in an appropriate court.
SEC. 5. EMERGENCIES.
The President may suspend the provisions of this Act in times of
emergency.
SEC. 6. PRIVATE RIGHT OF ACTION.
(a) Action.--A worker aggrieved by a violation of section 3 may, in
a civil action, recover appropriate relief. A civil action under this
section shall be filed not later than 3 years after the commission of
such violation. A civil action may not be brought under this section if
an employer subject to section 3 has paid or reinstated the worker as a
result of an administrative action under section 4.
(b) Relief.--In this section, the term ``appropriate relief''
means--
(1) injunction of a violation of section 3;
(2) actual damages or, if the court finds that the employer
willfully violated section 3, three times actual damages;
(3) reasonable attorney fees and the costs of the action;
and
(4) any other relief the court deems appropriate in the
circumstances of the case.
SEC. 7. RULEMAKING.
The Secretary shall make rules to carry out this Act, which shall
take effect not later than 120 days after the date of enactment of this
Act.
SEC. 8. DEFINITIONS.
In this Act:
(1) The term ``employer'' means a person who has economic
power to set a worker's terms and conditions of employment,
regardless of the formality of an employment relationship.
(2) The term ``fringe benefits'' means--
(A) medical or hospital care or contributions to a
health insurance plan;
(B) contributions to a retirement plan;
(C) life insurance;
(D) disability insurance; and
(E) vacation and holiday pay.
(3) The term ``Secretary'' means the Secretary of Labor. | Federal Living Wage Responsibility Act - Requires the Federal government and any employer under a Federal contract or subcontract exceeding $10,000 to pay each of their respective workers: (1) an hourly wage (or salary equivalent) necessary for such employee to earn, while working 40 hours a week on a full-time basis, the amount of the Federal poverty level for a family of four; and (2) an additional amount, based on the locality in which a worker resides, sufficient to cover the costs to such worker to obtain any fringe benefits not provided by the worker's employer.Exempts employers that are: (1) small business concerns; or (2) nonprofit, tax-exempt organizations, if the ratio of the total compensation of the chief executive officer to that of the full-time equivalent of their lowest-paid employee is not greater than 25 to 1.Directs the Secretary of Labor to enforce this Act. Makes Federal contractors that are part of a pattern or practice of violations of such wage requirements subject to Federal contract suspension, a five-year ineligibility period, and liability for Government costs of obtaining a replacement contractor. Provides for judicial review of the Secretary's determinations, and authorizes the President to suspend the provisions of this Act in times of emergency. Allows an aggrieved worker to bring a civil action against an employer for appropriate relief for a violation of this Act, if the employer has not paid or reinstated the worker as a result of the administrative action. | To provide for livable wages for Federal Government workers and workers hired under Federal contracts. |
928 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pollution and Costs Reduction Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) actions taken to reduce emissions of air pollutants, as
defined in section 302 of the Clean Air Act (42 U.S.C. 7602),
will spur investments that create new jobs and foster
innovation and entrepreneurship in clean technology industries;
and
(2) according to the Environmental Protection Agency--
(A) the average building wastes 30 percent of the
energy consumed by the building because of
inefficiency; and
(B) the operating costs of the nearly 5,000,000
buildings in the United States exceed $100,000,000,000
per year.
SEC. 3. BUILDING POLLUTION REDUCTION PROGRAM.
Section 105 of the Clean Air Act (42 U.S.C. 7405) is amended by
adding at the end the following:
``(f) Building Pollution Reduction Program.--
``(1) Definitions.--In this subsection:
``(A) Air pollutant.--The term `air pollutant' has
the meaning given the term in section 302.
``(B) Emissions.--The term `emissions' means--
``(i) direct emissions of an air pollutant
from sources that are owned or controlled by an
owner of a building; and
``(ii) indirect emissions of an air
pollutant resulting from the generation of
electricity, heat, or steam purchased by the
owner of a building.
``(2) Program.--The Administrator shall establish and carry
out a program, to be known as the `Building Pollution Reduction
Program', to provide assistance to owners of buildings in the
United States to reduce the emission of air pollutants and
building operating costs by--
``(A) constructing highly efficient buildings in
the United States; or
``(B) increasing the efficiency of and reducing the
emissions associated with existing buildings in the
United States.
``(3) Requirements.--The Administrator shall provide
assistance under this section to owners of buildings in the
United States based on the extent to which projects relating to
the buildings of the owners result in verifiable, additional,
and enforceable reductions in emissions of air pollutants
through operational improvements such as--
``(A) improved energy efficiency;
``(B) increased water-use efficiency;
``(C) use of renewable energy sources; and
``(D) such additional measures, as determined by
the Administrator, as will result in a measurable
decrease in emissions of air pollutants.
``(4) Priority.--In providing assistance under this
subsection, the Administrator shall give priority to projects
that--
``(A) achieve the following minimum scores as
evaluated by energy performance benchmarking tools--
``(i) in new or renovated buildings that
demonstrate exemplary performance by
achieving--
``(I) a minimum score of 75 on the
benchmarking tool of the Energy Star
program established by section 324A of
the Energy Policy and Conservation Act
(42 U.S.C. 6294a); or
``(II) an equivalent score on an
established energy performance
benchmarking metric selected by the
Administrator, such as the metric used
for the National Building Rating
Program of the Department of Energy;
and
``(ii) in retrofitted existing buildings
that demonstrate--
``(I) substantial improvement in
the score or rating on the benchmarking
tool described in clause (i) by a
minimum of 30 points; or
``(II) an equivalent improvement
using an established performance
benchmarking metric selected by the
Administrator;
``(B) are completed by building owners with a
proven track record of reducing pollution through the
measures described in paragraph (3); and
``(C) result in measurable pollution reduction
benefits not encompassed within the metrics of the
Energy Star program described in subparagraph
(A)(i)(I).
``(5) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator to carry out
this section such sums as are necessary for each of fiscal
years 2012 through 2016.''. | Pollution and Costs Reduction Act - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a Building Pollution Reduction Program to provide assistance to building owners to reduce the emission of air pollutants and building operating costs by constructing highly efficient buildings and increasing the efficiency of, and reducing the emissions associated with, existing buildings.
Requires the Administrator to: (1) provide such assistance to building owners based on the extent to which projects relating to the buildings of the owners result in verifiable, additional, and enforceable reductions in emissions of air pollutants through operational improvements such as improved energy efficiency, increased water-use efficiency, and use of renewable energy sources; and (2) give priority to projects that achieve minimum scores in energy performance evaluations and result in measurable pollution reduction benefits not encompassed within the metrics of the Energy Star program. | A bill to amend the Clean Air Act to reduce pollution and lower costs for building owners. |
929 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prison Judgment Relief Act of
1995''.
SEC. 2. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.
(a) In General.--Section 3626 of title 18, United States Code, is
amended to read as follows:
``Sec. 3626. Appropriate remedies with respect to prison conditions
``(a) Requirements for Relief.--
``(1) Limitations on prospective relief.--The court shall
not grant or approve any prospective relief unless the court
finds that there is a violation of a Federal right and that
such relief is narrowly drawn and the least intrusive means to
remedy the violation of the Federal right. In determining the
intrusiveness of the relief, the court shall give substantial
weight to any adverse impact on public safety or the operation
of a criminal justice system caused by the relief.
``(2) Prison population reduction relief.--In any civil
action with respect to prison conditions, the court shall not
grant or approve any relief whose purpose or effect is to
reduce or limit the prison population, unless the plaintiff
proves that crowding is the primary cause of the deprivation of
the Federal right and no other relief will remedy that
deprivation.
``(b) Termination of Relief.--
``(1) Automatic termination of prospective relief after 4-
year period.--In any civil action with respect to prison
conditions, any prospective relief shall automatically
terminate 4 years after the later of--
``(A) the date of entry of the final judgment in
which the court found the violation of a Federal right
that was the basis for the relief; or
``(B) in the case of a final judgment entered more
than 4 years before the date of the enactment of the
Prison Judgment Relief Act of 1995, 180 days after the
date of the enactment of such Act.
``(2) Immediate termination of prospective relief.--In any
civil action with respect to prison conditions, a defendant or
intervenor shall be entitled to the immediate termination of
any prospective relief, if that relief was approved or granted
in the absence of a finding by the court that prison conditions
violated a Federal right.
``(c) Procedure for Motions Affecting Prospective Relief.--The
court shall promptly rule on any motion to modify or terminate
prospective relief in a civil action with respect to prison conditions.
``(d) Standing.--Any Federal, State, or local official or unit of
government--
``(1) whose jurisdiction or function includes the
prosecution or custody of persons in a prison subject to; or
``(2) who otherwise is or may be affected by;
any relief whose purpose or effect is to reduce or limit the prison
population shall have standing to oppose the imposition or continuation
in effect of that relief and may intervene in any proceeding relating
to that relief. Standing shall be liberally conferred under this
subsection so as to effectuate the remedial purposes of this section.
``(e) Special Masters.--In any civil action in a Federal court with
respect to prison conditions, any special master or monitor shall be a
United States magistrate and shall make proposed findings on the record
on complicated factual issues submitted to that special master or
monitor by the court, but shall have no other function. The parties may
not by consent extend the function of a special master beyond that
permitted under this subsection.
``(f) Attorney's Fees.--No attorney's fee under section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988) may be granted
to a plaintiff in a civil action with respect to prison conditions
except to the extent such fee is--
``(1) directly and reasonably incurred in proving an actual
violation of the plaintiff's Federal rights; and
``(2) proportionally related to the extent the plaintiff
obtains court ordered relief for that violation.''.
``(g) Definitions.--As used in this section--
``(1) the term `prison' means any Federal, State, or local
facility that incarcerates or detains juveniles or adults
accused of, convicted of, sentenced for, or adjudicated
delinquent for, violations of criminal law;
``(2) the term `relief' means all relief in any form which
may be granted or approved by the court, and includes consent
decrees and settlement agreements (except a settlement
agreement the breech of which is not subject to any court
proceeding which such agreement settled); and
``(3) the term `prospective relief' means all relief other
than compensatory monetary damages.''
(b) Application of Amendment.--Section 3626 of title 18, United
States Code, as amended by this section, shall apply with respect to
all relief (as defined in such section) whether such relief was
originally granted or approved before, on, or after the date of the
enactment of this Act.
(c) Clerical Amendment.--The item relating to section 3526 in the
table of sections at the beginning of subchapter C of chapter 229 of
title 18, United States Code, is amended by striking ``crowding'' and
inserting ``conditions''. | Prison Judgment Relief Act of 1995 - Amends the Federal criminal code to prohibit the court from granting or approving prospective relief with respect to prison conditions unless it finds that there is a violation of a Federal right and that such relief is narrowly drawn and the least intrusive means to remedy the violation of such right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system.
Prohibits the court, in any civil action with respect to such conditions, from granting or approving relief to reduce or limit the prison population, unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation.
Specifies that any prospective relief in such an action shall automatically terminate four years after the later of: (1) the date of entry of the final judgment in which the court found the violation of a Federal right; or (2) 180 days after the date of enactment of this Act. Entitles a defendant or intervenor to immediate termination of prospective relief that was approved or granted in the absence of a finding by the court that such conditions violated a Federal right.
Requires the court to promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to prison conditions.
Sets forth provisions regarding: (1) standing (Federal, State, or local officials shall have standing under specified circumstances to oppose the imposition or continuation of relief and to intervene in proceedings relating to that relief); (2) special masters; and (3) limits on attorney's fees. | Prison Judgment Relief Act of 1995 |
930 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Research and Development Investment
Act''.
SEC. 2. REAUTHORIZE AND REVISE THE RENEWABLE ENERGY PRODUCTION
INCENTIVE PROGRAM.
(a) Incentive Payments.--Section 1212(a) of the Energy Policy Act
of 1992 (42 U.S.C. 13317(a)) is amended by striking ``and which
satisfies'' and all that follows through ``Secretary shall establish.''
and inserting ``. If there are insufficient appropriations to make full
payments for electric production from all qualified renewable energy
facilities in any given year, the Secretary shall assign 60 percent of
appropriated funds for that year to facilities that use solar, wind,
geothermal, or closed-loop (dedicated energy crops) biomass
technologies to generate electricity, and assign the remaining 40
percent to other projects. The Secretary may, after transmitting to the
Congress an explanation of the reasons therefor, alter the percentage
requirements of the preceding sentence.''.
(b) Qualified Renewable Energy Facility.--Section 1212(b) of the
Energy Policy Act of 1992 (42 U.S.C. 13317(b)) is amended--
(1) by striking ``a State or any political'' and all that
follows through ``nonprofit electrical cooperative'' and
inserting ``a not-for-profit electric cooperative, a public
utility described in section 115 of the Internal Revenue Code
of 1986, a State, Commonwealth, territory, or possession of the
United States or the District of Columbia, or a political
subdivision thereof, or an Indian tribal government of
subdivision thereof,''; and
(2) by inserting ``landfill gas,'' after ``wind,
biomass,''.
(c) Eligibility Window.--Section 1212(c) of the Energy Policy Act
of 1992 (42 U.S.C. 13317(c)) is amended by striking ``during the 10-
fiscal year period beginning with the first full fiscal year occurring
after the enactment of this section'' and inserting ``after October 1,
2005, and before October 1, 2015''.
(d) Amount of Payment.--Section 1212(e)(1) of the Energy Policy Act
of 1992 (42 U.S.C. 13317(e)(1)) is amended by inserting ``landfill
gas,'' after ``wind, biomass,''.
(e) Sunset.--Section 1212(f) of the Energy Policy Act of 1992 (42
U.S.C. 13317(f)) is amended by striking ``the expiration of'' and all
that follows through ``of this section'' and inserting ``September 30,
2025''.
(f) Authorization of Appropriations.--Section 1212(g) of the Energy
Policy Act of 1992 (42 U.S.C. 13317(g)) is amended to read as follows:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2005 through 2025, to remain available until expended.''.
SEC. 3. EXTENSION AND EXPANSION OF CREDIT FOR ELECTRICITY PRODUCED FROM
CERTAIN RENEWABLE RESOURCES.
(a) Extension.--Section 45(d) of the Internal Revenue Code of 1986
(relating to qualified facilities) is amended by striking ``2006'' and
inserting ``2011''.
(b) Incremental Geothermal Energy and Incremental Hydropower
Production.--
(1) In general.--Section 45(c)(1) of the Internal Revenue
Code of 1986 (defining qualified energy resources) is amended
by striking ``and'' at the end of subparagraph (F), by striking
the period at the end of subparagraph (G) and inserting a
comma, and by adding at the end the following new
subparagraphs:
``(H) incremental geothermal energy production, and
``(I) incremental hydropower production.''.
(2) Definition of resources.--Section 45(c) of such Code is
amended by adding at the end the following new paragraphs:
``(8) Incremental geothermal production.--
``(A) In general.--The term `incremental geothermal
production' means for any taxable year the excess of--
``(i) the total kilowatt hours of
electricity produced from an incremental
geothermal facility described in subsection
(d)(9), over
``(ii) the average annual kilowatt hours
produced at such facility for 5 of the previous
7 calendar years before the date of the
enactment of this paragraph after eliminating
the highest and the lowest kilowatt hour
production years in such 7-year period.
``(B) Special rule.--A facility described in
subsection (d)(9) which was placed in service at least
7 years before the date of the enactment of this
paragraph shall commencing with the year in which such
date of enactment occurs, reduce the amount calculated
under subparagraph (A)(ii) each year, on a cumulative
basis, by the average percentage decrease in the annual
kilowatt hour production for the 7-year period
described in subparagraph (A)(ii) with such cumulative
sum not to exceed 30 percent.
``(9) Incremental hydropower production.--
``(A) In general.--The term `incremental hydropower
production' means for any taxable year an amount equal
to the percentage of total kilowatt hours of
electricity produced from an incremental hydropower
facility described in subsection (d)(10) attributable
to efficiency improvements or additions of capacity as
determined under subparagraph (B).
``(B) Determination of incremental hydropower
production.--For purposes of subparagraph (A),
incremental hydropower production for any incremental
hydropower facility for any taxable year shall be
determined by establishing a percentage of average
annual hydropower production at the facility
attributable to the efficiency improvements or
additions of capacity using the same water flow
information used to determine an historic average
annual hydropower production baseline for such
facility. Such percentage and baseline shall be
certified by the Federal Energy Regulatory Commission.
For purposes of the preceding sentence, the
determination of incremental hydropower production
shall not be based on any operational changes at such
facility not directly associated with the efficiency
improvements or additions of capacity.''.
(3) Facilities.--Section 45(d) of such Code (relating to
qualified facilities) is amended by adding at the end the
following new paragraphs:
``(9) Incremental geothermal facility.--In the case of a
facility using incremental geothermal to produce electricity,
the term `qualified facility' means any facility owned by the
taxpayer which is originally placed in service before the date
of the enactment of this paragraph, but only to the extent of
its incremental geothermal production. In the case of a
qualified facility described in the preceding sentence, the 10-
year period referred to in subsection (a) shall be treated as
beginning not earlier than such date of enactment. Such term
shall not include any property described in section 48(a)(3)
the basis of which is taken into account by the taxpayer for
purposes of determining the energy credit under section 48.
``(10) Incremental hydropower facility.--In the case of a
facility using incremental hydropower to produce electricity,
the term `qualified facility' means any non-Federal
hydroelectric facility owned by the taxpayer which is
originally placed in service before the date of the enactment
of this paragraph, but only to the extent of its incremental
hydropower production. In the case of a qualified facility
described in the preceding sentence, the 10-year period
referred to in subsection (a) shall be treated as beginning not
earlier than such date of enactment.''.
(c) Effective Date.--The amendments made by this section shall
apply to facilities placed in service after December 31, 2005.
SEC. 4. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:
``SEC. 25C. RESIDENTIAL SOLAR AND GEOTHERMAL PROPERTY.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 10 percent of the qualified
energy property expenditures made by the taxpayer during such year.
``(b) Limitations.--No credit shall be allowed under this section
for an item of property unless--
``(1) the original use of such property commences with the
taxpayer,
``(2) such property reasonably can be expected to remain in
use for at least 5 years, and
``(3) such property is installed on or in connection with a
dwelling unit located in the United States and used as a
residence by the taxpayer.
``(c) Qualified Energy Property Expenditures.--For purposes of this
section, the term `qualified energy property expenditure' means an
expenditure for energy property (as defined in paragraph (3) of section
48(a) (determined without regard to subparagraphs (B) and (C) thereof).
``(d) Special Rules.--For purposes of this section--
``(1) Solar panels.--No expenditure relating to a solar
panel or other property installed as a roof (or portion
thereof) shall fail to be treated as property described in
subsection (c) solely because it constitutes a structural
component of the structure on which it is installed.
``(2) Swimming pools, etc., used as storage medium.--
Expenditures which are properly allocable to a swimming pool,
hot tub, or any other energy storage medium which has a
function other than the function of such storage shall not be
taken into account for purposes of this section.
``(3) Dollar amounts in case of joint occupancy.--In the
case of any dwelling unit which is jointly occupied and used
during any calendar year as a residence by 2 or more
individuals, the following rules shall apply:
``(A) The amount of the credit allowable under
subsection (a) by reason of expenditures made during
such calendar year by any of such individuals with
respect to such dwelling unit shall be determined by
treating all of such individuals as 1 taxpayer whose
taxable year is such calendar year.
``(B) There shall be allowable, with respect to
such expenditures to each of such individuals, a credit
under subsection (a) for the taxable year in which such
calendar year ends in an amount which bears the same
ratio to the amount determined under subparagraph (A)
as the amount of such expenditures made by such
individual during such calendar year bears to the
aggregate of such expenditures made by all of such
individuals during such calendar year.
``(4) Tenant-stockholder in cooperative housing
corporation.--In the case of an individual who is a tenant-
stockholder (as defined in section 216) in a cooperative
housing corporation (as defined in such section), such
individual shall be treated as having made the individual's
tenant-stockholder's proportionate share (as defined in section
216(b)(3)) of any expenditures of such corporation.
``(5) Condominiums.--
``(A) In general.--In the case of an individual who
is a member of a condominium management association
with respect to a condominium which the individual
owns, such individual shall be treated as having made
the individual's proportionate share of any
expenditures of such association.
``(B) Condominium management association.--For
purposes of this paragraph, the term `condominium
management association' means an organization which
meets the requirements of paragraph (1) of section
528(c) (other than subparagraph (E) thereof) with
respect to a condominium project substantially all of
the units of which are used as residences.
``(6) Allocation in certain cases.--If less than 80 percent
of the use of an item is for nonbusiness purposes, only that
portion of the expenditures for such item which is properly
allocable to use for nonbusiness purposes shall be taken into
account.
``(7) When expenditure made; amount of expenditure.--
``(A) In general.--Except as provided in
subparagraph (B), an expenditure with respect to an
item shall be treated as made when the original
installation of the item is completed.
``(B) Expenditures part of building construction.--
In the case of an expenditure in connection with the
construction or reconstruction of a structure, such
expenditure shall be treated as made when the original
use of the constructed or reconstructed structure by
the taxpayer begins.
``(C) Amount.--The amount of any expenditure shall
be the cost thereof.
``(8) Property financed by subsidized energy financing.--
For purposes of determining the amount of expenditures made by
any individual with respect to any dwelling unit, there shall
not be taken into account expenditures which are made from
subsidized energy financing (as defined in section
48(a)(4)(C)).
``(e) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property, the increase in the basis of such property which would
(but for this subsection) result from such expenditure shall be reduced
by the amount of the credit so allowed.''.
(b) Conforming Amendments.--
(1) Section 1016(a) of the Internal Revenue Code of 1986 is
amended by striking ``and'' at the end of paragraph (30), by
striking the period at the end of paragraph (31) and inserting
``, and'', and by adding at the end the following new
paragraph:
``(32) to the extent provided in section 25C(e), in the
case of amounts with respect to which a credit has been allowed
under section 25C.''.
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 25B the following new item:
``Sec. 25C. Residential solar and geothermal property.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2004.
SEC. 5. DELAY IN PHASEOUT OF DEDUCTION FOR CLEAN-FUEL VEHICLES.
(a) In General.--Section 179A(b)(1)(B) of the Internal Revenue Code
of 1986 (relating to phaseout) is amended by striking ``2005'' and
inserting ``2006''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2005.
SEC. 6. DELAY IN PHASEOUT OF CREDIT FOR QUALIFIED ELECTRIC VEHICLES.
(a) In General.--Section 30(b)(2) of the Internal Revenue Code of
1986 (relating to phaseout) is amended by striking ``2005'' and
inserting ``2006''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2005. | Research and Development Investment Act - Amends the Energy Policy Act of 1992 to: (1) direct the Secretary of Energy, if there are insufficient appropriations in any given year, to assign 60 percent of appropriated funds under the renewable energy production incentive program to facilities that use solar, wind, geothermal, or closed-loop biomass to generate electricity; (2) redefine "qualified renewable energy facility"; (3) extend the eligibility period for payments under the program through FY2015; (4) include landfill gas as a renewable energy resource; and (5) extend the termination date and program funding through FY2025.
Amends the Internal Revenue Code to: (1) extend the tax credit for production of electricity from certain renewable resources until 2011; (2) include incremental geothermal and hydropower facilities as qualified energy resources for purposes of such credit; (3) allow a tax credit for 10 percent of residential solar and geothermal energy property expenditures; and (4) delay the phaseout of the tax deduction for clean-fuel vehicles and the tax credit for qualified electric vehicles until 2006. | A bill to reauthorize and revise the Renewable Energy Production Incentive program, and for other purposes. |
931 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Hemisphere Drug Policy
Commission Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Substance Abuse and Mental Health
Services Administration's (SAMHSA) National Survey on Drug Use
and Health, in 2008 in the United States, there were an
estimated 25,768,000 users of marijuana, 5,255,000 users of
cocaine, 850,000 users of methamphetamine, and 453,000 users of
heroin.
(2) Nearly 100 percent of the United States cocaine supply
originates in the Andean countries of Bolivia, Colombia, and
Peru and over 90 percent of the United States heroin supply
originates in Colombia and Mexico.
(3) In those countries, the cultivation, production and
trafficking of cocaine and heroin generate violence,
instability and corruption.
(4) In the transit countries of Central America, Mexico,
Venezuela, Ecuador, Haiti, and other Caribbean countries, drug
trafficking is central to the growing strength of organized
criminals to threaten local and national law enforcement,
political institutions, citizen security, rule of law, and
United States security and interests.
(5) Drug-related violence is on the rise in Mexico and
along the United States-Mexico border. 5,661 people died in
Mexico in 2008 alone as a result of drug-related violence. This
is more than double the 2007 total of 2,773.
(6) According to the Department of State's June 2009
Trafficking in Persons report, organized criminal networks in
Mexico also ``traffic Mexican women and girls into the United
States for commercial sexual exploitation''.
(7) Extremist groups and their supporters in the Western
Hemisphere, including the Revolutionary Armed Forces of
Colombia (FARC) and Hezbollah, often use drug trafficking to
finance terrorist activities.
(8) From 1980-2008, United States counternarcotics
assistance from the State and Defense Departments to Latin
America and the Caribbean totaled about $11,300,000,000.
SEC. 3. ESTABLISHMENT OF WESTERN HEMISPHERE DRUG POLICY COMMISSION.
There is established an independent commission to be known as the
``Western Hemisphere Drug Policy Commission'' (in this Act referred to
as the ``Commission'').
SEC. 4. PURPOSE.
The Commission shall review and evaluate United States policy
regarding illicit drug supply reduction and interdiction, with
particular emphasis on international drug policies and programs
directed toward the countries of the Western Hemisphere, along with
foreign and domestic demand reduction policies and programs. The
Commission shall identify policy and program options to improve
existing international and domestic counternarcotics policy.
SEC. 5. DUTIES OF THE COMMISSION.
(a) Review of Illicit Drug Supply Reduction and Demand Reduction
Policies.--The Commission shall conduct a comprehensive review of
United States policy regarding illicit drug supply reduction,
interdiction, and demand reduction policies and shall, at a minimum,
address the following topics:
(1) An assessment of United States international illicit
drug control policies in the Western Hemisphere.
(2) An assessment of drug interdiction efforts, crop
eradication programs, and the promotion of economic development
alternatives to illicit drugs.
(3) The impact of the Andean Counterdrug Initiative (ACI),
the Merida Initiative, the Caribbean Basin Security Initiative,
and other programs in curbing drug production, drug
trafficking, and drug-related violence in the Western
Hemisphere.
(4) An assessment of how to better deploy and employ
available technology to target major drug cartels.
(5) An assessment of efforts to curb the trafficking of
chemical precursors for illicit drugs.
(6) An assessment of how the United States drug
certification process serves United States interests with
respect to United States international illicit drug control
policies.
(7) An assessment of the nature and extent of the United
States population's demand for illicit drugs.
(8) An assessment of United States drug prevention and
treatment programs, including anti-drug coalitions, drug
courts, and programs aimed at preventing recidivism.
(9) An assessment of the extent to which the consumption of
illicit drugs in the United States is driven by individuals
addicted to or abusive of illicit drugs, and the most effective
experiences in the United States and throughout the world in
treating those individuals and reducing the damage to
themselves and to society.
(10) Recommendations on how best to improve United States
policies aimed at reducing the supply of and demand for illicit
drugs.
(11) Assessing the value of supporting relevant government
entities and nongovernmental institutions in other countries of
the Western Hemisphere in promoting the reduction of supply of
and demand for illicit drugs.
(12) An assessment of whether the proper indicators of
success are being used in United States illicit drug control
policy.
(b) Coordination With Governments, International Organizations, and
Nongovernmental Organizations (NGOs) in the Western Hemisphere.--In
conducting the review required under subsection (a), the Commission
shall consult with--
(1) government, academic, and nongovernmental leaders, as
well as leaders from international organizations, from
throughout the United States, Latin America, and the Caribbean;
and
(2) the Inter-American Drug Abuse Control Commission
(CICAD) to examine what changes would increase its
effectiveness.
(c) Report.--
(1) In general.--Not later than 12 months after the first
meeting of the Commission, the Commission shall submit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate, the
Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate, the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Health, Education, Labor and Pensions of the
Senate, the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate, the Secretary of State, the Secretary of Defense, the
Secretary of Health and Human Services, the Attorney General,
and the Director of the Office of National Drug Control Policy
(ONDCP) a report that contains a detailed statement of the
recommendations, findings, and conclusions of the Commission,
including summaries of the input and recommendations of the
leaders and organizations with which is consulted under
subsection (b).
(2) Public availability.--The report required under this
subsection shall be made available to the public.
SEC. 6. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
ten members, to be appointed as follows:
(1) The majority leader and minority leader of the Senate
shall each appoint two members.
(2) The Speaker and the minority leader of the House of
Representatives shall each appoint two members.
(3) The President shall appoint two members.
(b) Appointments.--The Commission may not include Members of
Congress or other currently elected Federal, State, or local government
officials.
(c) Period of Appointment.--Each member shall be appointed for the
life of the Commission. Any vacancies shall not affect the power and
duties of the Commission, but shall be filled in the same manner as the
original appointment.
(d) Date.--Members of the Commission shall be appointed not later
than 30 days after the date of the enactment of this Act.
(e) Initial Meeting and Selection of Chairperson.--Not later than
60 days after the date of the enactment of this Act, the Commission
shall hold an initial meeting to develop and implement a schedule for
completion of the review and report required under section 5. At the
initial meeting, the Commission shall select a Chairperson from among
its members.
(f) Quorum.--Six members of the Commission shall constitute a
quorum.
(g) Travel Expenses.--Members shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code, while away from their
homes or regular places of business in performance of services for the
Commission.
SEC. 7. POWERS.
(a) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of its members.
(b) Hearings.--The Commission may hold such hearings and undertake
such other activities as the Commission determines necessary to carry
out its duties.
(c) Other Resources.--The Commission shall have reasonable access
to documents, statistical data, and other such information the
Commission determines necessary to carry out its duties from the
Library of Congress, the Office of National Drug Control Policy, the
Department of State, the Department of Health and Human Services, the
Department of Justice, the Drug Enforcement Administration, the
Department of Defense (including the United States Southern Command),
and other agencies of the executive and legislative branches of the
Federal Government. The Chairperson of the Commission shall make
requests for such access in writing when necessary. The General
Services Administration (GSA) shall make office space available for
day-to-day Commission activities and for scheduled Commission meetings.
Upon request, the Administrator of General Services shall provide, on a
reimbursable basis, such administrative support as the Commission
requests to fulfill its duties.
(d) Authority to Use the United States Mails.--The Commission may
use the United States mails in the same manner and under the same
conditions as other departments and agencies of the United States.
(e) Authority to Contract.--Subject to the Federal Property and
Administrative Services Act of 1949, the Commission is authorized to
enter into contracts with Federal and State agencies, private firms,
institutions, and individuals for the conduct of activities necessary
to the discharge of its duties and responsibilities. A contract, lease,
or other legal agreement entered into by the Commission may not extend
beyond the date of termination of the Commission.
SEC. 8. STAFF.
(a) Executive Director.--The Commission shall have a staff headed
by an Executive Director. The Executive Director and such staff as is
needed shall be paid at a rate not more than the rate of pay for level
IV of the Executive Schedule.
(b) Staff Appointment.--With the approval of the Commission, the
Executive Director may appoint such personnel as the Executive Director
determines to be appropriate. The Commission may appoint and fix the
compensation of such other personnel as may be necessary to enable the
Commission to carry out its duties, without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that no rate of pay fixed under
this subsection may exceed the equivalent of that payable to a person
occupying a position at level V of the Executive Schedule under section
5316 of such title.
(c) Experts and Consultants.--With the approval of the Commission,
the Executive Director may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
(d) Detail of Government Employees.--Upon the request of the
Commission, the head of any Federal agency may detail, without
reimbursement, any of the personnel of such agency to the Commission to
assist in carrying out the duties of the Commission. Any such detail
shall not interrupt or otherwise affect the civil service status or
privileges of the personnel.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated $2,000,000
to carry out this Act.
(b) Availability.--Amounts appropriated pursuant to subsection (a)
shall remain available, without fiscal year limitation, until expended.
SEC. 10. SUNSET.
The Western Hemisphere Drug Policy Commission shall terminate 60
days after the submission to Congress of its report under section 5(c).
Passed the House of Representatives December 8, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Western Hemisphere Drug Policy Commission Act of 2009 - Establishes the Western Hemisphere Drug Policy Commission, which shall: (1) review and evaluate U.S. policy regarding illicit drug supply reduction and interdiction, with particular emphasis on international drug policies and programs directed toward the countries of the Western Hemisphere; (2) review and evaluate foreign and domestic demand reduction policies and programs; and (3) identify policy and program options to improve existing international and domestic counternarcotics policy.
Sets forth Commission duties.
Authorizes appropriations.
Terminates the Commission 60 days after submission of the report required under this Act. | To establish the Western Hemisphere Drug Policy Commission. |
932 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Cooperation Against
Terrorism Act of 2002''.
SEC. 2. ELECTRONIC TRANSMISSION OF PASSENGER MANIFESTS.
Section 44909(c) of title 49, United States Code, is amended by
adding at the end the following new paragraph:
``(6) Penalties.--In addition to any other penalties, any
air carrier or foreign air carrier that does not electronically
transmit data through the advanced passenger information system
established under section 431 of the Tariff Act of 1930 (19
U.S.C. 1431) (``APIS'') shall be subject to the following
penalties:
``(A) Within 60 days after the date of enactment of
the International Cooperation Against Terrorism Act of
2002, a fine of $5,000 for every flight of that carrier
that does not submit complete and accurate data in the
electronic manifest for at least 85 percent of the
passengers and crew of such flight.
``(B) Within 120 days after the date of enactment
of the International Cooperation Against Terrorism Act
of 2002, a fine of $7,000 for every flight of that
carrier that does not submit complete and accurate data
in the electronic manifest for 100 percent of the
passengers and crew of such flight.
``(C) Within 210 days after the date of enactment
of the International Cooperation Against Terrorism Act
of 2002, the United States Customs Service shall revoke
the landing rights of an air carrier or foreign air
carrier that does not submit complete and accurate data
in the electronic manifest for 100 percent of the
passengers and crew of every flight of such carrier.''.
SEC. 3. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR AIR CARGO.
Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 1431(b)) is
amended--
(1) by striking ``Any manifest'' and inserting ``(1) In
general.--Any manifest''; and
(2) by adding at the end the following new paragraph:
``(2) Cargo manifest.--
``(A) Requirement.--In addition to any other
requirement under this section, the pilot, operator, or
owner (or the authorized agent of such owner or
operator) of every aircraft required to make entry or
obtain clearance under the customs laws of the United
States shall electronically transmit the cargo manifest
information described in subparagraph (B) in advance of
such entry or clearance in such manner, time, and form
as the Secretary shall prescribe. The Secretary may
exclude any class of aircraft from the requirements of
this subparagraph if the Secretary determines that such
requirements are not necessary.
``(B) Content.--The cargo manifest for each
aircraft shall consist of the following information:
``(i) The port or place of arrival or
departure.
``(ii) The carrier code, prefix code, or
both.
``(iii) The flight, voyage, or trip number.
``(iv) The date of scheduled arrival or
date of scheduled departure.
``(v) The request for permit to proceed to
the destination, if applicable.
``(vi) The numbers and quantities from the
air carrier's master bill of lading.
``(vii) The first port of lading of the
cargo.
``(viii) A description, including the
weight, of any cargo that is not in a sealed
container.
``(ix) The shipper's declared description,
including the weight, of any cargo that is in a
sealed container.
``(x) The shippers name and address from
all bills of lading.
``(xi) The consignee's name and address
from all bills of lading.
``(xii) Information regarding any
discrepancies between the quantities listed on
the bill of lading and the actual quantity on
board.
``(xiii) Transfer or transit information
for the cargo while it has been under the
control of the air carrier.
``(xiv) Warehouse or other location of the
cargo while it has been under the control of
the air carrier.
``(xv) Any additional information that the
Secretary by regulation determines is
reasonably necessary to ensure aviation
transportation safety.
``(C) Certain verification not required.--Nothing
in subparagraph (B)(xii), shall require an air carrier
to verify boarded quantities of cargo in sealed
containers.
``(D) Notice.--The Commissioner of Customs shall
notify all air carriers of the requirements of this
paragraph.
``(E) Enforcement.--In addition to any other
penalties, any air carrier that does not comply with
the requirements of this paragraph shall be subject to
the following penalties:
``(i) Within 60 days after the date of
enactment of the International Cooperation
Against Terrorism Act of 2002, a fine of $5,000
for every flight of that carrier that does not
submit complete and accurate data for at least
85 percent of the cargo of such flight.
``(ii) Within 120 days after the date of
enactment of the International Cooperation
Against Terrorism Act of 2002, a fine of $7,000
for every flight of that carrier that does not
submit complete and accurate data for 100
percent of the cargo of such flight.
``(iii) Within 210 days after the date of
enactment of the International Cooperation
Against Terrorism Act of 2002, the United
States Customs Service shall revoke the landing
rights of the air carrier that does not submit
complete and accurate data for 100 percent of
the cargo of every flight of such carrier.
``(F) Definition.--In this paragraph, the term `air
carrier' has the meaning given the terms `air carrier'
and `foreign air carrier' in section 40102 of title 49,
United States Code.''.
SEC. 4. OVERSIGHT OF CHARITABLE ORGANIZATIONS CONNECTED TO TERRORIST
ACTIVITIES.
(a) Reporting Requirements.--The President, in consultation with
the task force described in subsection (b)(1), is authorized to
conclude agreements with foreign countries under which the governments
of those countries agree to require each qualified charitable
organization operating in any of those countries to report--
(1) the overall sources of the organization's funds,
including amounts received from fundraising, amounts received
from sales, and amounts received from the holding of events;
(2) the names of the organization's officers and directors;
(3) an itemization of the organization's expenses; and
(4) a description of all lobbying and political activities
of the organization.
(b) Task Force.--
(1) In general.--The task force referred to in subsection
(a) means an interagency task force consisting of 3
representatives from each of the Department of State, the
Department of the Treasury, and the Department of Justice for
the purpose of coordinating the activities of the United States
Government with respect to the activities of charitable
organizations abroad.
(2) International cooperation.--The members of the task
force shall cooperate with appropriate counterpart
representatives of any foreign country with which the United
States seeks to conclude, or to implement, an agreement under
subsection (a).
(c) Report.--The task force described in subsection (b) shall
report to the Speaker of the House of Representatives and the President
pro tempore of the Senate on its progress not later than 6 months after
the date of enactment of this Act and every 6 months thereafter on its
progress. Each such report shall include a list of countries that are
cooperating with the task force and a description of the degree of
cooperation or noncooperation of the foreign countries with which the
President has sought to conclude an agreement under subsection (a).
(d) Qualified Charitable Organization Defined.--In this section,
the term ``qualified charitable organization'' means a charitable
organization that has been identified by the task force as an
organization that sponsors, funds, receives funds from, or supports
terrorist organizations.
SEC. 5. EXPORT LICENSE REQUIRED.
Section 6(j) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)) is amended--
(1) by amending paragraph (1), to read as follows:
``(1) A validated license shall be required for the export
of goods or technology to a country if the Secretary of State
determines that--
``(A) the government of such country--
``(i) is not cooperating with the United
States antiterrorism efforts, including failing
to freeze the bank accounts of entities
supporting terrorist activities, or failing to
share intelligence information regarding
terrorist organizations with the United States;
or
``(ii) has repeatedly provided support for
acts of international terrorism; and
``(B) with respect to a country described in
subparagraph (A), the export of such goods or
technology could make a significant contribution to--
``(i) the military potential of such
country, including its military logistics
capability, or could enhance the ability of
such country to support acts of international
terrorism; or
``(ii) the development of the country's
ability to explore for, extract, refine, or
transport petroleum or natural gas.'';
(2) in paragraph (2), by striking ``Foreign Affairs'' and
inserting ``International Relations and the Committee on Ways
and Means'';
(3) in paragraph (4), in the matter preceding subparagraph
(A), by inserting ``, chairman of the Committee on Ways and
Means, and the chairman of the Committee on International
Relations'' after ``the Speaker'';
(4) in paragraph (4)(A)--
(A) by inserting ``at least 45 days'' after
``(A)'';
(B) in clause (ii), by striking ``and'';
(C) in clause (iii), by striking ``or''; and
(D) by adding at the end the following:
``(iv) that government is cooperating with United
States antiterrorism efforts; and
``(v) that government has provided assurances that
it will cooperate with future efforts to fight
terrorism; or'';
(5) in paragraph (4)(B)--
(A) in clause (i), by striking ``and'';
(B) in clause (ii), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(iii) the government concerned has taken action
to cooperate with antiterrorism efforts during the
preceding 6-month period; and
``(iv) the government concerned has provided
assurances that it will support efforts to fight
terrorism in the future.''; and
(6) in paragraph (5)--
(A) in subparagraph (E), by striking ``and'';
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) an analysis of the impact of the proposed
export or transfer on the development of the foreign
country's ability to explore for, extract, refine, or
transport petroleum or natural gas and the effects on
the surrounding countries' petroleum or natural gas
resources and the ability to explore for these
resources.''.
SEC. 6. CONDITIONAL SANCTIONS REGARDING INVESTMENT.
(a) Foreign Investment Controls.--
(1) In general.--Notwithstanding any other provision of
law, a validated license shall be required for the financial
investment by a United States person in a foreign country if
the President determines that the government of such country is
not cooperating with United States antiterrorism efforts,
including freezing the bank accounts of entities supporting
terrorist activities, and sharing intelligence information
regarding terrorist organizations with the United States.
(2) United states person defined.--In this section, the
term ``United States person'' means--
(A) a United States citizen;
(B) a partnership, corporation, or other legal
entity organized under the laws of the United States;
or
(C) a partnership, corporation, or other legal
entity that is organized under the laws of a foreign
country and is controlled by entities described in
subparagraph (B) or United States citizens, or both.
(b) Prohibition on Licenses.--A license described in subsection (a)
shall not be issued if the President determines that the proposed
financial investment would make a significant contribution to--
(1) the military potential of the foreign country,
including its military logistics capability; or
(2) the development of the foreign country's ability to
explore for, extract, refine, or transport petroleum or natural
gas.
(c) Publication.--Each determination of the President under
subsection (a), shall be published in the Federal Register.
(d) Notification.--The President shall notify the Committee on
International Relations and the Committee on Ways and Means of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs and the Committee on Foreign Relations of the Senate at
least 30 days before issuing any validated license required by
subsection (a).
(e) Content of Notification.--The President shall include in the
notification required by subsection (d)--
(1) a detailed description of the investment to be offered
for which a license to invest is sought;
(2) the reasons why the foreign country or international
organization to which the investment is proposed to be made
needs the investment and a description of the manner in which
such country or organization intends to use such investment;
(3) an analysis of the impact of the proposed investment on
the military capabilities of the foreign country or
international organization to which such investment would be
made;
(4) an analysis of the manner in which the proposed
investment would affect the relative military strengths of
countries in the region to which the investment is being
delivered and whether other countries in the region have
comparable kinds and amounts of investments;
(5) an analysis of the impact of the proposed investment on
the development of the foreign country's ability to explore
for, extract, refine, or transport by petroleum or natural gas
and the effects on the surrounding countries' petroleum or
natural gas resources and ability to explore for these
resources; and
(6) an analysis of the impact of the proposed investment on
the United States relations with the countries in the region to
which the investment is being delivered.
(f) Rescission.--A determination made by the President under
subsection (a) may not be rescinded unless the President submits to the
chairman of the Committee on International Relations and to the
chairman of the Committee on Ways and Means of the House of
Representatives, to the chairman of the Committee on Banking, Housing,
and Urban Affairs and the chairman of the Committee on Foreign
Relations of the Senate, at least 45 days before the proposed
rescission would take effect, a report certifying that--
(1) there has been a fundamental change in the policies of
the government of the country concerned;
(2) the government is cooperating with United States
antiterrorism efforts;
(3) the government has provided assurances that it will
cooperate with future efforts to fight terrorism; or
(4) the reasons why the proposed investment is in the
national security interest of the United States.
SEC. 7. ANNUAL REPORT.
The President shall, not later than 30 days after the date of
enactment of this Act, and not later than December 31 of each year
thereafter, submit a report to the Committee on International Relations
and the Committee on Ways and Means of the House of Representatives,
and to the Committee on Banking, Housing, and Urban Affairs and the
Committee on Foreign Relations of the Senate, evaluating the
implementation of the provisions of the International Cooperation
Against Terrorism Act of 2002 and the amendments made by such Act. | International Cooperation Against Terrorism Act of 2002 - Amends Federal aviation law to establish certain civil penalties for domestic and foreign air carriers which do not transmit passenger and crew manifest data electronically for each flight through the advanced passenger information system (APIS) to the Commissioner of Customs.Amends the Tariff Act of 1931 to require the pilot, operator, or owner of every aircraft required to make entry or obtain clearance under the U.S. customs laws to transmit certain cargo manifest information electronically in advance in the manner, time, and form the Secretary of the Treasury shall prescribe. Specifies civil penalties for noncompliance with such requirements.Authorizes the President to conclude agreements with foreign countries in which such countries agree to require charitable organizations identified as supporting terrorist organizations to report certain information, including the overall sources of organization funds.Amends the Export Administration Act of 1979 to revise the requirement of a validated license for the export of goods or technology to a foreign country supporting international terrorism. Extends such requirement to a country if the Secretary of State determines that: (1) the government of the country is not cooperating with U.S. antiterrorism efforts, including failing to freeze the bank accounts of entities supporting terrorist activities, or failing to share intelligence information regarding terrorist organizations with the United States; and (2) the export to the country of such goods or technology could make a significant contribution to the development of the country's ability to explore for, extract, refine, or transport petroleum or natural gas.Requires a validated license for the financial investment by a U.S. person in a foreign country if the President makes determinations about the country similar to those relating to the export of goods or technology. | A bill to improve antiterrorism efforts, and for other purposes. |
933 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Technology Innovation and
Defense Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the Federal Government should
prioritize the investigation of terrorist and illicit use of new
financial technology, including digital currencies.
SEC. 3. INDEPENDENT FINANCIAL TECHNOLOGY TASK FORCE.
(a) Establishment.--There is established the Independent Financial
Technology Task Force (the ``Task Force''), which shall consist of--
(1) the Secretary of the Treasury, who shall serve as the
head of the Task Force;
(2) the Attorney General;
(3) the Director of the Central Intelligence Agency;
(4) the Director of the Financial Crimes Enforcement
Network;
(5) the Director of the Secret Service;
(6) the Director of the Federal Bureau of Investigations;
and
(7) 4 individuals appointed by the Secretary of the
Treasury to represent the private sector (including the banking
industry, non-profit groups, and think tanks).
(b) Duties.--The Task Force shall--
(1) conduct independent research on terrorist and illicit
use of new financial technologies, including digital
currencies; and
(2) develop legislative and regulatory proposals to improve
counter-terrorist and counter-illicit financing efforts.
(c) Annual Congressional Report.--Not later than 1 year after the
date of the enactment of this Act, and annually thereafter, the Task
Force shall issue a report to the Congress containing the findings and
determinations made by the Task Force in the previous year and any
legislative and regulatory proposals developed by the Task Force.
SEC. 4. REWARDS FOR INFORMATION RELATED TO TERRORIST USE OF DIGITAL
CURRENCIES.
(a) In General.--The Secretary of the Treasury, in consultation
with the Attorney General, shall establish a program to pay a reward to
any person who provides information leading to the conviction of an
individual involved with terrorist use of digital currencies.
(b) Use of Appropriated Funds.--To the extent provided in advance
by appropriation Acts, the Secretary may use appropriated funds to pay
a reward under this section with respect to information leading to a
conviction described under subsection (a) if the amount of fines and
forfeitures related to such conviction are not sufficient to pay such
reward.
(c) Use of Fines and Forfeitures.--With respect to fines and
forfeitures related to the conviction of an individual involved with
terrorist use of digital currencies, the Secretary of the Treasury
shall, without further appropriation or fiscal year limitation--
(1) use such amounts to pay rewards under this section
related to such conviction;
(2) with respect to any such amounts remaining after
payments are made under paragraph (1), repay to the general
fund of the Treasury--
(A) any reward amounts paid using appropriated
funds under subsection (b); and
(B) the amount of any funds appropriated to the
FinTech Leadership in Innovation Fund established under
section 5; and
(3) with respect to any such amounts remaining after
payments are made under paragraphs (2) and (3), deposit such
amounts in the FinTech Leadership in Innovation Fund.
SEC. 5. FINTECH LEADERSHIP IN INNOVATION FUND.
(a) Establishment.--There is established a fund to be known as the
``FinTech Leadership in Innovation Fund'', which shall be available to
the Secretary of the Treasury, without further appropriation or fiscal
year limitation, to carry out this section.
(b) Innovation Grants.--
(1) In general.--The Secretary of the Treasury shall make
grants for the development of tools and programs to detect
terrorist and illicit use of digital currencies.
(2) Eligible recipients.--The Secretary may make grants
under this subsection to entities located in the United States,
including academic institutions, companies, non-profit
institutions, individuals, and any other entities locating in
the United States that the Secretary determines appropriate.
(3) Eligible projects.--With respect to tools and programs
described under paragraph (1), in addition to grants for the
development of such tools and programs, the Secretary may make
grants under this subsection to carry out pilot programs using
such tools, the development of test cases using such tools, and
research related to such tools.
(4) Preferences.--In making grants under this subsection,
the Secretary shall give preference to--
(A) technology that is non-proprietary or that is
community commons-based;
(B) computer code that is developed and released on
an open source basis; and
(C) tools that are proactive (such as meeting
regulatory requirements under ``know your customer''
and anti-money laundering requirements for any entity
that has to comply with U.S. Government regulations)
vs. reactive (such as aiding law enforcement
organizations in catching illegal activity after the
fact).
(5) Other requirements.--
(A) Use of existing global standards.--Any new
technology developed with a grant made under this
subsection shall be based on existing global standards,
such as those developed by the Internet Engineering
Task Force (IETF) and the World Wide Web Consortium
(W3C).
(B) Supporting existing laws or regulations.--Tools
and programs developed with a grant made under this
subsection shall be in support of existing laws or
regulations, including the Bank Secrecy Act.
(C) Open access requirement.--Tools and programs
developed with a grant made under this subsection shall
be freely accessible and usable by the public. This
requirement may be fulfilled by publicly availing
application programming interfaces or software
development kits.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Bank secrecy act.--The term ``Bank Secrecy Act''
means--
(A) section 21 of the Federal Deposit Insurance
Act;
(B) chapter 2 of title I of Public Law 91-508; and
(C) subchapter II of chapter 53 of title 31, United
States Code.
(2) Digital currency.--The term ``digital currency''--
(A) means a digital representation of value that--
(i) is used as a medium of exchange, unit
of account, or store of value; and
(ii) is not legal tender, whether or not
denominated in legal tender; and
(B) does not include--
(i) a transaction in which a merchant
grants, as part of an affinity or rewards
program, value that cannot be taken from or
exchanged with the merchant for legal tender,
bank credit, or digital currency; or
(ii) a digital representation of value
issued by or on behalf of a publisher and used
solely within an online game, game platform, or
family of games sold by the same publisher or
offered on the same game platform.
(3) Terrorist.--The term ``terrorist'' includes a person
carrying out domestic terrorism or international terrorism (as
such terms are defined, respectively, under section 2331 of
title 18, United States Code). | Financial Technology Innovation and Defense Act This bill provides for the investigation of new financial technologies (e.g., digital currencies) and their use in terrorism and other illicit activities. Specifically, the bill: establishes the Independent Financial Technology Task Force, which must report annually on such matters; establishes the FinTech Leadership in Innovation Fund to support the development of tools and programs to detect such activity; and directs the Department of the Treasury to provide a reward for a person who provides information regarding terrorist use of digital currencies. | Financial Technology Innovation and Defense Act |
934 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Birmingham Civil Rights National
Historical Park''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Birmingham Civil Rights District is an area of
downtown Birmingham, Alabama, where significant events in the
American Civil Rights Movement of the 1950s and 1960s took
place. Many sites in this area are listed on the National
Register of Historic Places, including the A.G. Gaston Motel,
Kelley Ingram Park, 16th Street Baptist Church, Bethel Baptist
Church, the 4th Avenue Historic District, and the Birmingham
Civil Rights Institute.
(2) In the 1960s, Birmingham was regarded as one of the
most segregated cities in the South. Parks, pools, playgrounds,
hotels, theaters, and elevators were segregated by race.
Discrimination extended to public housing and employment.
Despite some change in the early 1950s, segregation remained
firmly in place and violence was frequently used to maintain
the status quo.
(3) From 1945 to 1963, Birmingham witnessed 60 bombings of
African-American homes, businesses, and churches designed to
intimidate Civil Rights advocates. The violence earned the City
the nickname ``Bombingham''. In early 1963, Alabama Governor
George Wallace declared, ``Segregation Now! Segregation
tomorrow! Segregation Forever!''.
(4) In the spring of 1963, Reverend Fred Shuttlesworth
requested that the Southern Christian Leadership Conference
(SCLC) make the City of Birmingham the epicenter for an
ambitious new Civil Rights campaign. ``Project C'' (C for
confrontation) was designed to eliminate segregation through
mass protests, marches, and sit-ins. The A.G. Gaston Motel
served as headquarters for Project C, and was home base for
much of the SCLC leadership including Dr. King.
(5) The A.G. Gaston Motel opened in 1954 and was regarded
as a ``historic monument to black entrepreneurship'' in a time
of racial segregation. The Motel was built and owned by Arthur
George Gaston (1892-1996), a prominent African-American
businessman, and is listed on the National Register of Historic
Places.
(6) The Project C campaign began on April 6, 1963, when
police arrested 45 protestors who marched from the A.G. Gaston
Motel to downtown Birmingham. One week later, during the Good
Friday march, Dr. Martin Luther King, Jr., was arrested and
jailed by Birmingham police. While in prison, Dr. King wrote
his famous ``Letter from a Birmingham Jail''. He wrote the
letter as a response to the ``Call to Unity'' statement from
eight White Alabama clergymen who opposed segregation. They
believed that the battle for equality should be fought in the
courts, not by outsiders trying to stir up civil unrest. As a
response, Dr. King wrote ``I am in Birmingham because injustice
is here.''.
(7) Phase two of Project C began in May of 1963 with a
series of mass protests in which children played a leading
role. On May 2, 1963, over 900 children were arrested by
police, overwhelming the capacity of the City's jails. In
response, Birmingham Commissioner of Public Safety Bull Connor
ordered firefighters and police to prevent new waves of
marchers from leaving Kelly Ingram Park.
(8) On May 3, 1963, youth protestors in Kelly Ingram Park
were violently dispersed by police dogs and powerful water
cannons. Images of the brutal police response to peaceful
protestors spread across the country, shocking the conscience
of the Nation and the world.
(9) Fearing civil unrest and unrepairable damage to the
City's reputation, the Birmingham business community and local
leaders agreed to release the peaceful protestors, integrate
lunch counters, and begin to hire African-Americans. On May 10,
1963, the A.G. Gaston Motel served as the site to announce this
compromise between local White leaders and civil rights
advocates. The Motel was bombed later that day.
(10) Amid continued racial tensions, on September 15, 1963,
a bomb detonated at the 16th Street Baptist Church as children
were entering the basement on their way to worship. Addie Mae
Collins, Carole Robinson, and Cynthia Wesley, who were all 14,
and Denise McNair, 11, were tragically killed. The explosion
injured 22 others and left significant damage to the church.
Dr. Martin Luther King, Jr., travelled to Birmingham to deliver
the eulogy for the four little girls. This act of domestic
terrorism shocked the conscience of the Nation and the world,
and became a galvanizing force for the passage of historic
Civil Rights Act of 1964.
(11) Located just south of 16th Street Baptist Church is
the 4th Avenue Historic District. The district was the center
for Black-owned businesses, which served Black customers during
the City's long period of enforced segregation. Specifically,
the district was the home of one of the most well-known
African-American owned radio stations in the state. Black radio
stations and disc jockeys played a critical role in mobilizing
support for the civil rights movement. DJs sent coded messages
as to the whereabouts of police, roadblock locations, and rally
information.
(12) Also located in Birmingham is Bethel Baptist Church.
Led by Reverend Fred Shuttlesworth, this church served as the
headquarters for the Alabama Christian Movement for Human
Rights from 1956 to 1961. It was also a place of refuge for
displaced and injured members of the 1961 Freedom Ride, and was
the target of multiple bombings in the 1950s and 1960s.
Reverend Shuttlesworth's church, as well as many other
Birmingham Churches such as the New Pilgrim Baptist Church,
hosted mass meetings leading up to many of the civil rights
marches throughout the City. The students and faculty of Miles
College, a Historically Black College in the Birmingham area,
supplemented the efforts of the local churches. Miles College
was one of the few institutions of higher education open to
African-Americans in the area, and produced many community
leaders.
(13) In 1992, decades after the Civil Rights Movement, the
Birmingham Civil Rights Institute opened its doors. The
Institute stands at the center of the Birmingham Civil Rights
District, acting as a hub for children, students, adults, and
scholars who come to learn about the American Civil Rights
Movement. The 27,000-square-foot permanent gallery within the
Institute was designed to bring visitors back to the 1950s when
Birmingham was deeply segregated. The Institute serves more
than 140,000 individuals each year, and encourages new
generations to examine our country's civil rights history, as
well as issues such as equality and justice.
(14) The preservation, historic interpretation, and
management of the Birmingham Civil Rights National Historical
Park's important historical resources require the collaboration
of Federal and municipal entities, as well as community
organizations.
SEC. 3. ESTABLISHMENT OF THE BIRMINGHAM CIVIL RIGHTS NATIONAL
HISTORICAL PARK IN BIRMINGHAM, ALABAMA.
(a) Establishment and Purpose.--There is hereby established
Birmingham Civil Rights National Historical Park in Birmingham,
Alabama, for the purposes of--
(1) preserving and interpreting for the benefit of present
and future generations the significant civil rights history in
the Birmingham Civil Rights National Historical Park;
(2) coordinating preservation, catalyzing economic
revitalization, and facilitating interpretive efforts by
Federal, State, or local governmental entities, and/or private
and nonprofit organizations; and
(3) creating appropriate collaborative management to ensure
the preservation and interpretation of the park's historical
significance.
(b) Boundaries.--The Park shall consist of those lands and
interests in lands, including buildings, within the areas generally
depicted as ``Bethel Baptist Church'' and ``Birmingham Civil Rights
Historic District'' on the map entitled ``Civil Rights District'' and
dated March 2, 2016.
(c) Acquisition of Land.--The Secretary may acquire additional
buildings, assets, and lands and interests in lands for addition to the
park by donation, transfer, or exchange only. At no time shall the park
consist of more than 11 acres.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the Park in
accordance with this Act and laws generally applicable to units of the
National Park System. Nothing in this Act shall modify any authority of
the United States to carry out Federal laws on Federal land located
within the Park.
(b) Cooperative Agreement.--The Secretary may enter into
cooperative agreements with Federal, State, City, or other public and
non-profit institutions under which the Secretary may identify,
interpret, and provide assistance for the preservation of non-Federal
properties within the Park and at sites in close proximity to the Park,
including providing for placement of directional and interpretive
signage, exhibits, and technology-based interpretive devices.
(c) Management Plan.--Not later than 3 fiscal years after the date
on which funds are first made available to carry out this Act, the
Secretary, in consultation with the City, shall complete a general
management plan for the Park in accordance with applicable laws,
including section 100502 of title 54, United States Code.
SEC. 5. DEFINITIONS.
For the purposes of this Act:
(1) City.--The term ``City'' means the city of Birmingham,
Alabama.
(2) Park.--The term ``Park'' means the Birmingham Civil
Rights National Historical Park.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Birmingham Civil Rights National Historical Park This bill establishes the Birmingham Civil Rights National Historical Park in Birmingham, Alabama, to: (1) preserve and interpret its civil rights history; and (2) coordinate its preservation, catalyze economic revitalization, and facilitate interpretive efforts by government, private, or nonprofit entities. The Department of the Interior shall administer the park. Interior must also complete a general management plan in consultation with the city of Birmingham. | Birmingham Civil Rights National Historical Park |
935 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bay Area Regional Water Recycling
Program Expansion Act of 2009''.
SEC. 2. PROJECT AUTHORIZATIONS.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h et seq.) (as amended by section
512(a) of the Consolidated Natural Resources Act of 2008) is amended by
adding at the end the following:
``SEC. 1649. CCCSD-CONCORD RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the
Central Contra Costa Sanitary District, California, is authorized to
participate in the design, planning, and construction of recycled water
distribution systems.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,800,000.
``SEC. 1650. CENTRAL DUBLIN RECYCLED WATER DISTRIBUTION AND RETROFIT
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the Dublin
San Ramon Services District, California, is authorized to participate
in the design, planning, and construction of recycled water system
facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,150,000.
``SEC. 1651. PETALUMA RECYCLED WATER PROJECT, PHASES 2A, 2B, AND 3.
``(a) Authorization.--The Secretary, in cooperation with the City
of Petaluma, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000.
``SEC. 1652. CENTRAL REDWOOD CITY RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Redwood City, California, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,000,000.
``SEC. 1653. PALO ALTO RECYCLED WATER PIPELINE PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Palo Alto, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,250,000.
``SEC. 1654. IRONHOUSE SANITARY DISTRICT (ISD) ANTIOCH RECYCLED WATER
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the
Ironhouse Sanitary District (ISD), California, is authorized to
participate in the design, planning, and construction of recycled water
distribution systems.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000.''.
(b) Project Implementation.--In carrying out sections 1642 through
1648 of the Reclamation Wastewater and Groundwater Study and Facilities
Act, and sections 1649 through 1654 of such Act, as added by subsection
(a), the Secretary shall enter into individual agreements with the San
Francisco Bay Area Regional Water Recycling implementing agencies to
fund the projects through the Bay Area Clean Water Agencies (BACWA) or
its successor, and shall include in such agreements a provision for the
reimbursement of construction costs, including those construction costs
incurred prior to the enactment of this Act.
(c) Clerical Amendments.--The table of contents of the Reclamation
Projects Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371)
(as amended by section 512(a) of the Consolidated Natural Resources Act
of 2008) is amended by inserting after the item relating to section
1648 the following new items:
``Sec. 1649. CCCSD-Concord recycled water project.
``Sec. 1650. Central Dublin recycled water distribution and retrofit
project.
``Sec. 1651. Petaluma recycled water project, phases 2a, 2b, and 3.
``Sec. 1652. Central Redwood City recycled water project.
``Sec. 1653. Palo Alto recycled water pipeline project.
``Sec. 1654. Ironhouse Sanitary District (ISD) Antioch recycled water
project.''.
SEC. 3. MODIFICATION TO AUTHORIZED PROJECTS.
(a) Antioch Recycled Water Project.--Section 1644(d) of the
Reclamation Wastewater and Groundwater Study and Facilities Act (43
U.S.C. 390h-27) (as amended by section 512(a) of the Consolidated
Natural Resources Act of 2008) is amended by striking ``$2,250,000''
and inserting ``$3,125,000''.
(b) South Bay Advanced Recycled Water Treatment Facility.--Section
1648(d) of the Reclamation Wastewater and Groundwater Study and
Facilities Act (43 U.S.C. 390h-31) (as amended by section 512(a) of the
Consolidated Natural Resources Act of 2008) is amended by striking
``$8,250,000'' and inserting ``$13,250,000''. | Bay Area Regional Water Recycling Program Expansion Act of 2009 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of: (1) recycled water distribution systems in California in cooperation with the Central Contra Costa Sanitary District and the Ironhouse Sanitary District; and (2) recycled water system facilities in California in cooperation with the Dublin San Ramon Services District, the city of Petaluma, Redwood City, and the city of Palo Alto. Limits the federal share of each project to 25%. Prohibits the Secretary from providing funds for project operation and maintenance.
Directs the Secretary to: (1) enter into individual agreements with the San Francisco Bay Area Regional Water Recycling implementing agencies to fund specified projects under such Act through the Bay Area Clean Water Agencies; and (2) include in such agreements a provision for the reimbursement of construction costs.
Increases the authorization of appropriations for the design, planning, and construction of: (1) recycled water system facilities in cooperation with the city of Antioch, California; and (2) recycled water treatment facilities in cooperation with the city of San Jose, California, and the Santa Clara Valley Water District. | A bill to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to expand the Bay Area Regional Recycling Program, and for other purposes. |
936 | SECTION 1. PAYMENT OF NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE
PROVIDERS.
(a) Payment of Providers.--
(1) In general.--Subchapter I of chapter 17 of title 38,
United States Code is amended by inserting after section 1703
the following new section:
``Sec. 1703A. Payment of non-Department health care providers
``(a) Prompt Payment Compliance.--The Secretary shall ensure that
payments made to non-Department health care providers, including under
the Veterans Choice Program established by section 101 of the Veterans
Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 38
U.S.C. 1701 note), comply with chapter 39 of title 31 (commonly
referred to as the `Prompt Payment Act') and the requirements of this
section. If there is a conflict between the requirements of the Prompt
Payment Act and the requirements of this section, the Secretary shall
comply with the requirements of this section.
``(b) Payment Schedule.--(1) The Secretary shall reimburse a non-
Department health care provider for care or services furnished under
the laws administered by the Secretary--
``(A) in the case of a clean claim submitted to the
Secretary electronically, not later than 30 days after
receiving the claim; or
``(B) in the case of a clean claim submitted to the
Secretary in a manner other than electronically, not later than
45 days after receiving the claim.
``(2)(A) If the Secretary determines that a claim received from a
non-Department health care provider is a non-clean claim, the Secretary
shall submit to the provider, not later than 10 days after receiving
the claim--
``(i) a notification that the claim is a non-clean claim;
``(ii) an explanation of why the claim has been determined
to be a non-clean claim; and
``(iii) an identification of the information or
documentation that is required to make the claim a clean claim.
``(B) If the Secretary does not comply with the requirements of
subparagraph (A) with respect to a claim, the claim shall be deemed a
clean claim for purposes of paragraph (1).
``(3) Upon receipt by the Secretary of information or documentation
described in subparagraph (A)(iii) with respect to a claim, the
Secretary shall reimburse a non-Department health care provider--
``(A) in the case of a claim submitted to the Secretary
electronically, not later than 30 days after receiving such
information or documentation; or
``(B) in the case of claim submitted to the Secretary in a
manner other than electronically, not later than 45 days after
receiving such information or documentation.
``(4) If the Secretary fails to comply with the deadlines for
payment set forth in this subsection with respect to a claim, interest
shall accrue on the amount owed under such claim in accordance with
section 3902 of title 31.
``(c) Information and Documentation Required.--(1) Pursuant to
regulations prescribed by the Secretary, the Secretary shall provide to
non-Department health care providers that furnish hospital care or
medical services to veterans pursuant to the laws administered by the
Secretary information and documentation that is required to establish a
clean claim under this section.
``(2) The Secretary shall consult with entities in the health care
industry, in the public and private sector, to determine the
information and documentation to include in the list under paragraph
(1).
``(d) Electronic Claim Submittal.--On and after January 1, 2019,
the Secretary shall not accept any claim under this section that is
submitted to the Secretary in a manner other than electronically.
``(e) Definitions.--In this section:
``(1) The term `clean claim' means a claim for
reimbursement for hospital care or medical services furnished
by non-Department health care providers to veterans pursuant to
the laws administered by the Secretary, on a nationally
recognized standard format, that includes the information and
documentation necessary to adjudicate the claim.
``(2) The term `non-clean claim' means a claim for
reimbursement for hospital care or medical services furnished
by non-Department health care providers to veterans pursuant to
the laws administered by the Secretary, on a nationally
recognized standard format, that does not include the
information and documentation necessary to adjudicate the
claim.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by inserting
after the item related to section 1703 the following new item:
``1703A. Payment of non-Department health care providers.''.
(b) Electronic Submittal of Claims for Reimbursement.--
(1) Prohibition on acceptance of non-electronic claims.--
(A) In general.--Except as provided in subparagraph
(B), on and after January 1, 2019, the Secretary of
Veterans Affairs shall not accept any claim for
reimbursement under section 1703A of title 38, United
States Code, as added by subsection (a), that is
submitted to the Secretary in a manner other than
electronically, including medical records in connection
with such a claim.
(B) Exception.--If the Secretary determines that
accepting claims and medical records in a manner other
than electronically is necessary for the timely
processing of claims for reimbursement under such
section 1703A due to a failure or malfunction of the
electronic interface established under paragraph (2),
the Secretary--
(i) may accept claims and medical records
in a manner other than electronically for a
period not to exceed 90 days; and
(ii) shall submit to the Committee on
Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report setting forth--
(I) the reason for accepting claims
and medical records in a manner other
than electronically;
(II) the duration of time that the
Department of Veterans Affairs will
accept claims and medical records in a
manner other than electronically; and
(III) the steps that the Department
is taking to resolve such failure or
malfunction.
(2) Electronic interface.--
(A) In general.--Not later than January 1, 2019,
the Chief Information Officer of the Department of
Veterans Affairs shall establish and make operational
an electronic interface for health care providers to
submit claims for reimbursement under such section
1703A.
(B) Functions.--The electronic interface
established under subparagraph (A) shall include the
following functions:
(i) A function through which a health care
provider may input all relevant data required
for claims submittal and reimbursement.
(ii) A function through which a health care
provider may upload medical records to
accompany a claim for reimbursement.
(iii) A function through which a health
care provider may ascertain the status of a
pending claim for reimbursement that--
(I) indicates whether the claim is
a clean claim or a non-clean claim; and
(II) in the event that a submitted
claim is indicated as a non-clean
claim, provides--
(aa) an explanation of why
the claim has been determined
to be a non-clean claim; and
(bb) an identification of
the information or
documentation that is required
to make the claim a clean
claim.
(iv) A function through which a health care
provider is notified when a claim for
reimbursement is accepted or rejected.
(v) Such other features as the Secretary
considers necessary.
(C) Protection of information.--
(i) In general.--The electronic interface
established under subparagraph (A) shall be
developed and implemented based on industry-
accepted information security and privacy
engineering principles and best practices and
shall provide for the following:
(I) The elicitation, analysis, and
prioritization of functional and
nonfunctional information security and
privacy requirements for such
interface, including specific security
and privacy services and architectural
requirements relating to security and
privacy based on a thorough analysis of
all reasonably anticipated cyber and
noncyber threats to the security and
privacy of electronic protected health
information made available through such
interface.
(II) The elicitation, analysis, and
prioritization of secure development
requirements relating to such
interface.
(III) The assurance that the
prioritized information security and
privacy requirements of such
interface--
(aa) are correctly
implemented in the design and
implementation of such
interface throughout the system
development lifecycle; and
(bb) satisfy the
information objectives of such
interface relating to security
and privacy throughout the
system development lifecycle.
(ii) Definitions.--In this subparagraph:
(I) Electronic protected health
information.--The term ``electronic
protected health information'' has the
meaning given that term in section
160.103 of title 45, Code of Federal
Regulations, as in effect on the date
of the enactment of this Act.
(II) Secure development
requirements.--The term ``secure
development requirements'' means, with
respect to the electronic interface
established under subparagraph (A),
activities that are required to be
completed during the system development
lifecycle of such interface, such as
secure coding principles and test
methodologies.
(3) Analysis of available technology for electronic
interface.--
(A) In general.--Not later than January 1, 2018, or
before entering into a contract to procure or design
and build the electronic interface described in
paragraph (2) or making a decision to internally design
and build such electronic interface, whichever occurs
first, the Secretary shall--
(i) conduct an analysis of commercially
available technology that may satisfy the
requirements of such electronic interface set
forth in such paragraph; and
(ii) submit to the Committee on Veterans'
Affairs of the Senate and the Committee on
Veterans' Affairs of the House of
Representatives a report setting forth such
analysis.
(B) Elements.--The report required under
subparagraph (A)(ii) shall include the following:
(i) An evaluation of commercially available
systems that may satisfy the requirements of
paragraph (2).
(ii) The estimated cost of procuring a
commercially available system if a suitable
commercially available system exists.
(iii) If no suitable commercially available
system exists, an assessment of the feasibility
of modifying a commercially available system to
meet the requirements of paragraph (2),
including the estimated cost associated with
such modifications.
(iv) If no suitable commercially available
system exists and modifying a commercially
available system is not feasible, an assessment
of the estimated cost and time that would be
required to contract with a commercial entity
to design and build an electronic interface
that meets the requirements of paragraph (2).
(v) If the Secretary determines that the
Department has the capabilities required to
design and build an electronic interface that
meets the requirements of paragraph (2), an
assessment of the estimated cost and time that
would be required to design and build such
electronic interface.
(vi) A description of the decision of the
Secretary regarding how the Department plans to
establish the electronic interface required
under paragraph (2) and the justification of
the Secretary for such decision.
(4) Limitation on use of amounts.--The Secretary may not
spend any amounts to procure or design and build the electronic
interface described in paragraph (2) until the date that is 60
days after the date on which the Secretary submits the report
required under paragraph (3)(A)(iii).
(c) Clarification of Application of HIPAA Transaction Standards to
Veterans Choice Program and Other Veterans Health Care Programs Using
Non-Department Providers; Addressing Multi-Year Backlog in Claims.--
(1) Application of hipaa administrative simplification
standards.--
(A) In general.--The definition of the term
``health plan'' under section 1171(5)(J) of the Social
Security Act (42 U.S.C. 1320d(5)(J)) is deemed to
include the Veterans Choice Program.
(B) Implementation.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall make such modifications as may
be necessary to implement the amendment made by
subparagraph (A) with respect to claims for hospital
care or medical treatment furnished under the Veterans
Choice Program.
(2) Addressing backlog of claims by non-department
providers.--
(A) Adjudication.--Not later than 180 days after
the date of the enactment of this section, the
Secretary shall adjudicate all claims submitted before
such date of enactment by non-Department of Veterans
Affairs health care provider under the Veterans Choice
Program.
(B) Use of payment schedule for non-department
health care providers.--Section 1703A(b) of title 38,
United States Code, as added by subsection (a)(1),
shall apply to claims adjudicated pursuant to
subparagraph (A), except that the timeframe involved
shall begin on the date of such adjudication.
(3) Veterans choice program defined.--In this subsection,
the term ``Veterans Choice Program'' means hospital care or
medical treatment furnished to veterans pursuant to section 101
of the Veterans Access, Choice, and Accountability Act of 2014
(Public Law 113-146; 38 U.S.C. 1701 note) or any other law
administered by the Secretary of Veterans Affairs under which a
non-Department of Veterans Affairs health care provider
furnishes such care or services. | This bill directs the Department of Veterans Affairs (VA) to ensure that payments made to non-VA health care providers, including payments under the Veterans Choice Program, comply with the Prompt Payment Act and the requirements set forth in this bill. The bill: (1) prescribes payment schedules; (2) requires, with exceptions, claims to be submitted electroncially beginning January 1, 2019; and (3) requires the VA Chief Information Officer to establish by such date an electronic interface for health care providers to submit reimbursement claims. The VA shall: (1) within 90 days after enactment of this bill, make necessary modifications to ensure prompt payment for hospital care or medical treatment furnished under the program, and (2) within 180 days after enactment of this bill, adjudicate all program claims submitted before such date by non-VA health care providers. | To amend title 38, United States Code, to improve the process by which the Secretary of Veterans Affairs pays non-Department of Veterans Affairs health care providers for hospital care or medical services furnished to veterans pursuant to the laws administered by the Secretary. |
937 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``DHS Cybersecurity Workforce
Recruitment and Retention Act of 2014''.
SEC. 2. CYBERSECURITY RECRUITMENT AND RETENTION.
(a) In General.--At the end of subtitle C of title II of the
Homeland Security Act of 2002 (6 U.S.C. 141 et seq.), add the
following:
``SEC. 226. CYBERSECURITY RECRUITMENT AND RETENTION.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means the Committee on
Homeland Security and Governmental Affairs and the Committee on
Appropriations of the Senate and the Committee on Homeland
Security and the Committee on Appropriations of the House of
Representatives.
``(2) Collective bargaining agreement.--The term
`collective bargaining agreement' has the meaning given that
term in section 7103(a)(8) of title 5, United States Code.
``(3) Excepted service.--The term `excepted service' has
the meaning given that term in section 2103 of title 5, United
States Code.
``(4) Preference eligible.--The term `preference eligible'
has the meaning given that term in section 2108 of title 5,
United States Code.
``(5) Qualified position.--The term `qualified position'
means a position, designated by the Secretary for the purpose
of this section, in which the incumbent performs, manages, or
supervises functions that execute the responsibilities of the
Department relating to cybersecurity.
``(6) Senior executive service.--The term `Senior Executive
Service' has the meaning given that term in section 2101a of
title 5, United States Code.
``(b) General Authority.--
``(1) Establish positions, appoint personnel, and fix rates
of pay.--
``(A) General authority.--The Secretary may--
``(i) establish, as positions in the
excepted service, such qualified positions in
the Department as the Secretary determines
necessary to carry out the responsibilities of
the Department relating to cybersecurity,
including positions formerly identified as--
``(I) senior level positions
designated under section 5376 of title
5, United States Code; and
``(II) positions in the Senior
Executive Service;
``(ii) appoint an individual to a qualified
position (after taking into consideration the
availability of preference eligibles for
appointment to the position); and
``(iii) subject to the requirements of
paragraphs (2) and (3), fix the compensation of
an individual for service in a qualified
position.
``(B) Construction with other laws.--The authority
of the Secretary under this subsection applies without
regard to the provisions of any other law relating to
the appointment, number, classification, or
compensation of employees.
``(2) Basic pay.--
``(A) Authority to fix rates of basic pay.--In
accordance with this section, the Secretary shall fix
the rates of basic pay for any qualified position
established under paragraph (1) in relation to the
rates of pay provided for employees in comparable
positions in the Department of Defense and subject to
the same limitations on maximum rates of pay
established for such employees by law or regulation.
``(B) Prevailing rate systems.--The Secretary may,
consistent with section 5341 of title 5, United States
Code, adopt such provisions of that title as provide
for prevailing rate systems of basic pay and may apply
those provisions to qualified positions for employees
in or under which the Department may employ individuals
described by section 5342(a)(2)(A) of that title.
``(3) Additional compensation, incentives, and
allowances.--
``(A) Additional compensation based on title 5
authorities.--The Secretary may provide employees in
qualified positions compensation (in addition to basic
pay), including benefits, incentives, and allowances,
consistent with, and not in excess of the level
authorized for, comparable positions authorized by
title 5, United States Code.
``(B) Allowances in nonforeign areas.--An employee
in a qualified position whose rate of basic pay is
fixed under paragraph (2)(A) shall be eligible for an
allowance under section 5941 of title 5, United States
Code, on the same basis and to the same extent as if
the employee was an employee covered by such section
5941, including eligibility conditions, allowance
rates, and all other terms and conditions in law or
regulation.
``(4) Plan for execution of authorities.--Not later than
120 days after the date of enactment of this section, the
Secretary shall submit a report to the appropriate committees
of Congress with a plan for the use of the authorities provided
under this subsection.
``(5) Collective bargaining agreements.--Nothing in
paragraph (1) may be construed to impair the continued
effectiveness of a collective bargaining agreement with respect
to an office, component, subcomponent, or equivalent of the
Department that is a successor to an office, component,
subcomponent, or equivalent of the Department covered by the
agreement before the succession.
``(6) Required regulations.--The Secretary, in coordination
with the Director of the Office of Personnel Management, shall
prescribe regulations for the administration of this section.
``(c) Annual Report.--Not later than 1 year after the date of
enactment of this section, and every year thereafter for 4 years, the
Secretary shall submit to the appropriate committees of Congress a
detailed report that--
``(1) discusses the process used by the Secretary in
accepting applications, assessing candidates, ensuring
adherence to veterans' preference, and selecting applicants for
vacancies to be filled by an individual for a qualified
position;
``(2) describes--
``(A) how the Secretary plans to fulfill the
critical need of the Department to recruit and retain
employees in qualified positions;
``(B) the measures that will be used to measure
progress; and
``(C) any actions taken during the reporting period
to fulfill such critical need;
``(3) discusses how the planning and actions taken under
paragraph (2) are integrated into the strategic workforce
planning of the Department;
``(4) provides metrics on actions occurring during the
reporting period, including--
``(A) the number of employees in qualified
positions hired by occupation and grade and level or
pay band;
``(B) the placement of employees in qualified
positions by directorate and office within the
Department;
``(C) the total number of veterans hired;
``(D) the number of separations of employees in
qualified positions by occupation and grade and level
or pay band;
``(E) the number of retirements of employees in
qualified positions by occupation and grade and level
or pay band; and
``(F) the number and amounts of recruitment,
relocation, and retention incentives paid to employees
in qualified positions by occupation and grade and
level or pay band; and
``(5) describes the training provided to supervisors of
employees in qualified positions at the Department on the use
of the new authorities.
``(d) Three-Year Probationary Period.--The probationary period for
all employees hired under the authority established in this section
shall be 3 years.
``(e) Incumbents of Existing Competitive Service Positions.--
``(1) In general.--An individual serving in a position on
the date of enactment of this section that is selected to be
converted to a position in the excepted service under this
section shall have the right to refuse such conversion.
``(2) Subsequent conversion.--After the date on which an
individual who refuses a conversion under paragraph (1) stops
serving in the position selected to be converted, the position
may be converted to a position in the excepted service.''.
(b) Conforming Amendment.--Section 3132(a)(2) of title 5, United
States Code, is amended in the matter following subparagraph (E)--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by inserting ``or'' after the
semicolon; and
(3) by inserting after clause (ii) the following:
``(iii) any position established as a qualified position in
the excepted service by the Secretary of Homeland Security
under section 226 of the Homeland Security Act of 2002;''.
(c) Table of Contents Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended by inserting after the item relating to section 225 the
following:
``Sec. 226. Cybersecurity recruitment and retention.''.
SEC. 3. HOMELAND SECURITY CYBERSECURITY WORKFORCE ASSESSMENT.
(a) Short Title.--This section may be cited as the ``Homeland
Security Cybersecurity Workforce Assessment Act''.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Homeland Security of the House
of Representatives; and
(C) the Committee on House Administration of the
House of Representatives.
(2) Cybersecurity work category; data element code;
specialty area.--The terms ``Cybersecurity Work Category'',
``Data Element Code'', and ``Specialty Area'' have the meanings
given such terms in the Office of Personnel Management's Guide
to Data Standards.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(c) National Cybersecurity Workforce Measurement Initiative.--
(1) In general.--The Secretary shall--
(A) identify all cybersecurity workforce positions
within the Department;
(B) determine the primary Cybersecurity Work
Category and Specialty Area of such positions; and
(C) assign the corresponding Data Element Code, as
set forth in the Office of Personnel Management's Guide
to Data Standards which is aligned with the National
Initiative for Cybersecurity Education's National
Cybersecurity Workforce Framework report, in accordance
with paragraph (2).
(2) Employment codes.--
(A) Procedures.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
establish procedures--
(i) to identify open positions that include
cybersecurity functions (as defined in the OPM
Guide to Data Standards); and
(ii) to assign the appropriate employment
code to each such position, using agreed
standards and definitions.
(B) Code assignments.--Not later than 9 months
after the date of the enactment of this Act, the
Secretary shall assign the appropriate employment code
to--
(i) each employee within the Department who
carries out cybersecurity functions; and
(ii) each open position within the
Department that have been identified as having
cybersecurity functions.
(3) Progress report.--Not later than 1 year after the date
of the enactment of this Act, the Director shall submit a
progress report on the implementation of this subsection to the
appropriate congressional committees.
(d) Identification of Cybersecurity Specialty Areas of Critical
Need.--
(1) In general.--Beginning not later than 1 year after the
date on which the employment codes are assigned to employees
pursuant to subsection (c)(2)(B), and annually through 2021,
the Secretary, in consultation with the Director, shall--
(A) identify Cybersecurity Work Categories and
Specialty Areas of critical need in the Department's
cybersecurity workforce; and
(B) submit a report to the Director that--
(i) describes the Cybersecurity Work
Categories and Specialty Areas identified under
subparagraph (A); and
(ii) substantiates the critical need
designations.
(2) Guidance.--The Director shall provide the Secretary
with timely guidance for identifying Cybersecurity Work
Categories and Specialty Areas of critical need, including--
(A) current Cybersecurity Work Categories and
Specialty Areas with acute skill shortages; and
(B) Cybersecurity Work Categories and Specialty
Areas with emerging skill shortages.
(3) Cybersecurity critical needs report.--Not later than 18
months after the date of the enactment of this Act, the
Secretary, in consultation with the Director, shall--
(A) identify Specialty Areas of critical need for
cybersecurity workforce across the Department; and
(B) submit a progress report on the implementation
of this subsection to the appropriate congressional
committees.
(e) Government Accountability Office Status Reports.--The
Comptroller General of the United States shall--
(1) analyze and monitor the implementation of subsections
(c) and (d); and
(2) not later than 3 years after the date of the enactment
of this Act, submit a report to the appropriate congressional
committees that describes the status of such implementation. | DHS Cybersecurity Workforce Recruitment and Retention Act of 2014 - (Sec. 2) Amends the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to establish, as positions in the excepted service, such positions in the Department of Homeland Security (DHS) as necessary to carry out certain responsibilities relating to cybersecurity. Provides for positions formerly designated as senior level and senior executive service positions to be included in such service. Requires the Secretary, every year for a specified period, to submit to Congress a report regarding: (1) the application process for such positions, including the manner of adhering to veterans' preferences; (2) the Secretary's plans to fulfill the critical need of DHS to recruit and retain employees in cybersecurity positions; (3) the manner in which such plans are integrated into the DHS's strategic workforce planning; (4) the number of hirings, separations, and retirements during the reporting period; and (5) the training provided to supervisors of such cybersecurity employees on the use of the new authorities. Sets forth authority for the Secretary to make appointments, fix pay rates, and provide incentives and allowances for such positions. (Sec. 3) Homeland Security Cybersecurity Workforce Assessment Act - Requires the Secretary to determine the primary cybersecurity work category and specialty area of all DHS cybersecurity workforce positions. Directs the Secretary to assign: (1) data element codes for such positions, as set forth in the Office of Personnel Management's (OPM) Guide to Data Standards, which is aligned with the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework report; and (2) employment codes to employees and open positions within DHS with cybersecurity functions. Directs the Secretary, on an annual basis through 2021, to submit a report to the OPM Director substantiating categories and specialty areas designated as critical needs in DHS's cybersecurity workforce. Requires the Director to provide the Secretary with guidance identifying acute and emerging skill shortages. Directs the Comptroller General (GAO) to monitor, and report within three years regarding, the implementation of such determinations and assignments. | DHS Cybersecurity Workforce Recruitment and Retention Act of 2014 |
938 | SECTION 1. FINDINGS.
Congress finds that--
(1) the use of methyl tertiary butyl ether oxygenated fuels
(referred to in this Act as ``M-T-B-E oxygenated fuels'') as
one means of compliance with section 211(m) of the Clean Air
Act (42 U.S.C. 7545(m)), which requires the use of oxygenated
fuels to lower the level of carbon monoxide in nonattainment
areas, has resulted in excessive health-related complaints in
areas of the State of Alaska in which M-T-B-E oxygenated fuels
have been used;
(2) consumer hotlines in Fairbanks, Alaska and Anchorage,
Alaska have received hundreds of unusual medical complaints
(including complaints of abnormal headaches, sore throats,
asthma, light headedness, burning sensation in eyes and lungs,
shortness of breath, skin rashes, numbness, swollen tissue, and
abnormal congestion) in geographic areas in which M-T-B-E
oxygenated fuels are in use;
(3) tests conducted by employees at the environmental
health laboratory at the Centers for Disease Control revealed a
measurable quantity of methyl tertiary butyl ether in the blood
of workers exposed to M-T-B-E oxygenated fuels;
(4) representatives of the Centers for Disease Control
testified before Congress that more studies were needed to
determine the health effects of exposure to the substance;
(5) no studies have been completed to measure the chronic
effects of exposure to M-T-B-E oxygenated fuels in cold
climates on public health, particularly in areas that have
temperatures that regularly reach 50 degrees below zero
Fahrenheit;
(6) because of numerous health complaints and the
conclusions of the State epidemiologist of the Alaska Division
of Public Health, the Governor of Alaska suspended the M-T-B-E
oxygenated fuels program in Fairbanks, Alaska;
(7) after the program was suspended in Fairbanks, the State
epidemiologist concluded that there is a possibility that
similar illnesses are being caused by the M-T-B-E oxygenated
fuels program in Anchorage;
(8) additional scientific studies on the health effects of
M-T-B-E oxygenated fuels need to be completed;
(9) the public should not be exposed to M-T-B-E oxygenated
fuels until studies are completed and the public health risk
has been assessed; and
(10) ethanol blend oxygenated fuels are known to separate
from the gasoline base at ultacold temperatures and may
therefore have drivability and safety implications in Alaska.
SEC. 2. WAIVER OF THE M-T-B-E OXYGENATED FUELS REQUIREMENT
Section 211(m)(3) of the Clean Air Act (42 U.S.C. 7545(m)(3)) is
amended by adding at the end the following new subparagraphs:
``(D) If requested in writing by an affected local
government within a title I nonattainment area for carbon
monoxide in Alaska, the Governor of the State of Alaska may
petition for a waiver and the Administrator may waive, in whole
or in part, the requirements of paragraphs (1) and (2) with
respect to an area within the State of Alaska that is
designated under title I as a nonattainment area for carbon
monoxide, if the Administrator finds that compliance with the
requirements should be waived for one or more of the following
reasons:
``(i) Compliance is not technologically or
economically feasible because the technology needed to
comply is not commercially available or because the use
of M-T-B-E oxygenated fuels would increase the cost of
commercially available fuel supplies by more than 150
percent of the national average cost of using M-T-B-E
oxygenated fuels in nonattainment areas outside of
Alaska;
``(ii) Compliance would be unreasonable due to
unique geographical or meteorological factors;
``(ii) Compliance could or does cause harmful
health effects;
``(iv) The use of M-T-B-E oxygenated fuels
increases aldehyde emissions appreciably.
``(E) The Administrator shall grant or deny a petition for
a waiver submitted under subparagraph (D) not later than 60
days after receiving the petition.
``(F)(i) The Administrator shall conduct a study that
compares the probable health risks and costs of title I carbon
monoxide nonattainment in Alaska with the probable health risks
and costs of increased noncarbon monoxide emissions (such as
aldehyde emissions) associated with the use of M-T-B-E
oxygenated fuels in Alaska.
``(ii) The Administrator shall report the results of the
study of Congress not later than 1 year after the date of
enactment of this paragraph.
``(G) The Administrator may suspend the required use of
oxygenated fuels--
``(i) during the pendency of a petition for a
waiver submitted under paragraph (D); and
``(ii) until the completion of the health risk
study conducted pursuant to subparagraph (F).''. | Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to waive requirements for the use of oxygenated fuels in a carbon monoxide nonattainment area in Alaska if compliance: (1) is not feasible because technology is not commercially available or the use of such fuels would increase the cost of available fuel supplies by more than 150 percent of the national average cost of using such fuels in nonattainment areas outside of Alaska; (2) would be unreasonable due to unique geographical or meteorological factors; (3) could or does cause harmful health effects; or (4) increases aldehyde emissions appreciably.
Directs the Administrator to conduct a study that compares, and report to the Congress on, the probable health risks and costs of carbon monoxide nonattainment in Alaska with those of increased noncarbon monoxide emissions associated with the use of oxygenated fuels in Alaska.
Authorizes the Administrator to suspend the required use of oxygenated fuels during the pendency of a petition for a waiver and until the completion of the health risk study. | To amend the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to grant a waiver of the oxygenated fuels requirement, and for other purposes. |
939 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Security and Small Business
Stimulus Act of 2008''.
SEC. 2. INDIVIDUAL INCOME TAX RATE REDUCTION AFTER 2007.
(a) Rate Reduction.--
(1) In general.--Subparagraph (A) of section 1(i)(1) of the
Internal Revenue Code of 1986 (relating to tax imposed on
individuals) is amended to read as follows:
``(A) In general.--In the case of taxable years
beginning after December 31, 2007--
``(i) the rate of tax under subsections
(a), (b), (c), and (d) on taxable income not
over the initial bracket amount shall be 5
percent, and
``(ii) the 15 percent rate of tax shall
apply only to taxable income over the initial
bracket amount but not over the maximum dollar
amount for the 15-percent rate bracket.''.
(2) Conforming amendments.--
(A) The heading for paragraph (1) of section 1(i)
of such Code is amended by striking ``10-percent'' and
inserting ``5-percent''.
(B) Subparagraph (D) of section 1(i)(1) of such
Code is amended to read as follows:
``(D) Coordination with acceleration of 5 percent rate
bracket benefit for 2008.--This paragraph shall not apply to
any taxable year to which section 6428 applies.''.
(3) 5-percent bracket made permanment.--Title IX of the
Economic Growth and Tax Relief Reconciliation Act of 2001 shall
not apply to paragraph (1) of section 1(i) of the Internal
Revenue Code of 1986, as amended by this subsection.
(b) Advance Payment of 5 Percent Rate Bracket.--Section 6428 of
such Code is amended to read as follows:
``SEC. 6428. ACCELERATION OF 5 PERCENT INCOME TAX RATE BRACKET BENEFIT
FOR 2008.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by chapter 1 for
the taxpayer's first taxable year beginning in 2008 an amount equal to
5 percent of so much of the taxpayer's taxable income as does not
exceed the initial bracket amount (as defined in section 1(i)(1)(B)).
``(b) Credit Treated as Nonrefundable Personal Credit.--For
purposes of this title, the credit allowed under this section shall be
treated as a credit allowable under subpart A of part IV of subchapter
A of chapter 1.
``(c) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual other than--
``(1) any estate or trust,
``(2) any nonresident alien individual, and
``(3) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable year
beginning in the calendar year in which the individual's
taxable year begins.
``(d) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but
for this paragraph) be allowable under this section shall be
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (e).
Any failure to so reduce the credit shall be treated as arising
out of a mathematical or clerical error and assessed according
to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit
made or allowed under subsection (e) with respect to a joint
return, half of such refund or credit shall be treated as
having been made or allowed to each individual filing such
return.
``(e) Advance Refunds of Credit Based on Prior Year Data.--
``(1) In general.--Each individual who was an eligible
individual for such individual's first taxable year beginning
in 2006 shall be treated as having made a payment against the
tax imposed by chapter 1 for such first taxable year in an
amount equal to the advance refund amount for such taxable
year.
``(2) Advance refund amount.--For purposes of paragraph
(1), the advance refund amount is the amount that would have
been allowed as a credit under this section for such first
taxable year if--
``(A) this section (other than subsections (b) and
(d) and this subsection) had applied to such taxable
year, and
``(B) the credit for such taxable year were not
allowed to exceed the excess (if any) of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under part IV of subchapter A of chapter 1
(other than the credits allowable under subpart
C thereof, relating to refundable credits).
``(3) Timing of payments.--In the case of any overpayment
attributable to this subsection, the Secretary shall, subject
to the provisions of this title, refund or credit such
overpayment as rapidly as possible and, to the extent
practicable, before the date which is 30 days after the date of
the enactment of this section. No refund or credit shall be
made or allowed under this subsection after December 31, 2008.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this subsection.''.
(c) Technical Amendment.--The item relating to section 6428 in the
table of sections for subchapter B of chapter 65 of such Code is
amended to read as follows:
``Sec. 6428. Acceleration of 5 percent income tax rate bracket benefit
for 2008.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 3. INCREASE IN EXPENSING FOR SMALL BUSINESSES.
(a) $125,000 Limit Made Permanent; Temporary Increase to
$375,000.--Paragraph (1) of section 179(b) of the Internal Revenue Code
of 1986 (relating to election to expense certain depreciable business
assets) is amended by striking ``$25,000 ($125,000 in the case of
taxable years beginning after 2006 and before 2011)'' and inserting
``$125,000 ($375,000 in the case of taxable years beginning after 2007
and before 2010)''.
(b) Conforming Amendment.--Subparagraph (A) of section 179(b)(5) of
such Code is amended--
(1) by striking ``and before 2011'', and
(2) by adding at the end the following flush sentence:
``The preceding sentence shall not apply to the
$500,000 amount for taxable years beginning after
December 31, 2010.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Family Security and Small Business Stimulus Act of 2008 - Amends the Internal Revenue Code to: (1) allow a reduced 5% income tax rate on taxable income for low-income taxpayers; (2) allow an advance refund in 2008 for the reduction in the tax rate; and (3) increase to $375,000 between 2008 and 2010 the expensing allowance for small business depreciable assets. | To amend the Internal Revenue Code of 1986 to reduce individual income taxes by creating a new 5 percent rate of tax and to increase section 179 expensing for small businesses. |
940 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Desalination Water Supply Shortage
Prevention Act of 2005''.
SEC. 2. DEFINITIONS.
(a) Qualified Desalination Facility.--The term ``qualified
desalination facility'' means a facility that--
(1) produces for sale to domestic customers desalinated
seawater, brackish groundwater, or surface water whose source
water is greater than 1000 parts per million total dissolved
solids; and
(2) is owned or operated by--
(A) a State or any political subdivision, agency,
authority, or instrumentality of a State;
(B) an Indian tribe; or
(C) a corporation responsible for providing
municipal water service pursuant to State or tribal
law;
(3) is first used to produce commercial desalinated water
for sale during the 10-year period beginning on October 1 of
the first fiscal year occurring after the date of the enactment
of this Act; and
(4) uses the best available technology as determined by the
Secretary.
(b) Indian Tribe.--The term ``Indian Tribe'' means with respect to
the contiguous 48 states, any federally recognized Indian tribe,
organized band, pueblo, or community and with respect to Alaska, the
Metlakatla Indian Community.
(c) Secretary.--The term ``Secretary '' means the Secretary of
Energy.
(d) State.--The term ``State'' means the several States, the
District of Columbia, Puerto Rico, American Samoa, the Virgin Islands,
Guam, and the Northern Mariana Islands.
SEC. 3. DESALINATED WATER PRODUCTION INCENTIVE PAYMENTS.
(a) Incentive Payments.--The Secretary shall make incentive
payments in an amount determined under subsection (d) to the owners or
operators of qualified desalination facilities to partially offset the
cost of electrical energy required to operate such facilities.
(b) Agreement; Deadline.--The Secretary may not make any payment to
the owner or operator of a qualified desalination facility under this
section, unless, not later than the end of fiscal year 2016, the
Secretary enters into a written agreement with the owner or operator to
make such payment.
(c) Payment Period.--The Secretary may make payments to the owner
or operator of a qualified desalination facility under this section for
a period not to exceed 10 years--
(1) beginning on the date on which the facility is first
used to produce desalinated water; and
(2) ending not later than September 30, 2026.
(d) Amount of Payment.--
(1) In general.--Payments made by the Secretary under this
section to the owner or operator of any qualified desalination
facility shall be based on the amount of desalinated water
produced by the facility during the payment period described in
subsection (c). For any facility, the amount of such payment
shall be 62 cents for every thousand gallons of desalinated
water produced and sold, adjusted as provided in paragraph (2).
(2) Adjustments.--The amount of the payment made to any
person under this subsection as provided in paragraph (1) shall
be adjusted for inflation for each fiscal year beginning after
calendar year 2006 in the same manner as provided in the
provisions of section 29(d)(2)(B) of the Internal Revenue Code
of 1986 (26 U.S.C. 29(d)(2)(B)), except that in applying such
provisions the calendar year 2006 shall be substituted for
calendar year 1979.
(e) Application.--The Secretary may not make a grant to the owner
or operator of a qualified desalination facility under this section
unless the facility submits an application to the Secretary in such
form, at such time, and containing such information and assurances as
the Secretary may require.
(f) Limitation.--In any fiscal year not more than 60 percent of the
funds made available by the Secretary under this section shall be made
available to the owners or operators of qualified desalination
facilities that obtain source water directly from the sea, an estuary,
or from in-bank extraction wells that are of seawater origin
(g) Priority.--In awarding incentive payments under this section,
the Secretary shall give priority to any application for a project
that--
(1) uses innovative technologies to reduce the energy
demand of the project;
(2) uses renewable energy supplies in the desalination
process;
(3) provides regional water supply benefits;
(4) provides a secure source of new water supplies for
national defense activities;
(5) reduces the threat of a water supply disruption as a
result of a natural disaster or acts of terrorism;
(6) uses technologies that minimize the damage to marine
life; or
(7) provides significant water quality benefits.
(h) Budget Act Compliance.--The authority provided by this section
may be exercised only in such amounts or to such extent as provided in
advance in appropriations Acts.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $200,000,000 to carry out this section
from fiscal year 2006 through fiscal year 2016.
SEC. 4. NOVEL DESALINATION TECHNOLOGY.
(a) In General.--The Secretary shall support research and
development of promising novel technology approaches for the cost-
effective desalination of water.
(b) Authorization of Appropriation.--There are authorized to be
appropriated to the Secretary for carrying out this section $10,000,000
from fiscal year 2006 through fiscal year 2016. | Desalination Water Supply Shortage Prevention Act of 2005 - Requires the Secretary of Energy to make incentive payments to the owners or operators of qualified desalination facilities (facilities first used to produce commercial desalinated water after enactment of this Act), including facilities owned or operated by Indian tribes, for up to ten years to partially offset the cost of electrical energy required to operate such facilities.
Provides that the qualified facilities shall receive 62 cents for every thousand gallons of desalinated water produced and sold, with an adjustment for inflation. Limits to 60% of the amount of funds made available in any fiscal year that the Secretary may provide to the owners or operators of qualified facilities that obtain source water directly from the sea, an estuary, or in-bank extraction wells of sea water origin.
Directs the Secretary, in awarding incentive payments, to give priority to any application for a project that: (1) uses innovative technologies to reduce energy demand; (2) uses renewable energy supplies in the desalination process; (3) provides regional water supply benefits; (4) provides a secure source of new water supplies for national defense activities; (5) reduces the threat of a water supply disruption as a result of a natural disaster or acts of terrorism; (6) uses technologies that minimize damage to marine life; or (7) provides significant water quality benefits.
Directs the Secretary to support research and development of promising novel technology approaches for the cost-effective desalination of water.
Authorizes appropriations. | To direct the Secretary of Energy to make incentive payments to the owners or operators of qualified desalination facilities to partially offset the cost of electrical energy required to operate such facilities, and for other purposes. |
941 | SECTION 1. SHORT TITLE AND REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``Medicare
Contractor Reform Amendments of 1996''.
(b) References in Act.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made a section or other provision of the
Social Security Act.
SEC. 2. INCREASED FLEXIBILITY IN CONTRACTING FOR MEDICARE CLAIMS
PROCESSING.
(a) Carriers To Include Entities That Are Not Insurance
Companies.--
(1) Section 1842(a) (42 U.S.C. 1395u(a)) is amended in the
matter preceding paragraph (1) by striking ``with carriers''
and inserting ``with agencies and organizations (hereafter in
this section referred to as `carriers')''.
(2) Section 1842(f) (42 U.S.C. 1395u(f)) is repealed.
(b) Choice of Fiscal Intermediaries by Providers of Services;
Secretarial Flexibility in Assigning Functions to Intermediaries and
Carriers.--
(1) Section 1816(a) (42 U.S.C. 1395h(a)) to read as
follows:
``(a)(1) The Secretary may enter into contracts with agencies or
organizations to perform any or all of the following functions, or
parts of those functions (or, to the extent provided in a contract, to
secure performance thereof by other organizations):
``(A) Determination (subject to the provisions of section
1878 and to such review by the Secretary as may be provided for
by the contracts) the amount of the payments required pursuant
to this part to be made to providers of services.
``(B) Making payments described in subparagraph (A).
``(C) Provision of consultative services to institutions or
agencies to enable them to establish and maintain fiscal
records necessary for purposes of this part and otherwise to
qualify as providers of services.
``(D) Serving as a center for, and communicate to
individuals entitled to benefits under this part and to
providers of services, any information or instructions
furnished to the agency or organization by the Secretary, and
serve as a channel of communication from individuals entitled
to benefits under this part and from providers of services to
the Secretary.
``(E) Making such audits of the records of providers of
services as may be necessary to ensure that proper payments are
made under this part.
``(F) Performance of the functions described under
subsection (d).
``(G) Performance of such other functions as are necessary
to carry out the purposes of this part.
``(2) As used in this title and title XI, the term `fiscal
intermediary' means an agency or organization with a contract under
this section.''.
(2) Subsections (d) and (e) of section 1816 (42 U.S.C.
1395h) are amended to read as follows:
``(d) Each provider of services shall have a fiscal intermediary
that--
``(1) acts as a single point of contact for the provider of
services under this part,
``(2) makes its services sufficiently available to meet the
needs of the provider of services, and
``(3) is responsible and accountable for arranging the
resolution of issues raised under this part by the provider of
services.
``(e)(1)(A) The Secretary shall, at least every 5 years, permit
each provider of services (other than a home health agency or a hospice
program) to choose an agency or organization (from at least 3 proposed
by the Secretary, of which at least 1 shall have an office in the
geographic area of the provider of services, except as provided by
subparagraph (B)(ii)(II)) as the fiscal intermediary under subsection
(d) for that provider of services. If a contract with that fiscal
intermediary is discontinued, the Secretary shall permit the provider
of services to choose under the same conditions from 3 other agencies
or organizations.
``(B)(i) The Secretary, in carrying out subparagraph (A), shall
permit a group of hospitals (or a group of another class of providers
other than home health agencies or hospice programs) under common
ownership by, or control of, a particular entity to choose one agency
or organization (from at least 3 proposed by the Secretary) as the
fiscal intermediary under subsection (d) for all the providers in that
group if the conditions specified in clause (ii) are met.
``(ii) The conditions specified in this clause are that--
``(I) the group includes all the providers of services of
that class that are under common ownership by, or control of,
that particular entity, and
``(II) all the providers of services in that group agree
that none of the agencies or organizations proposed by the
Secretary is required to have an office in any particular
geographic area.
``(2) The Secretary, in evaluating the performance of a fiscal
intermediary, shall solicit comments from providers of services.''.
(3)(A) Section 1816(b)(1)(A) (42 U.S.C. 1395h(b)(1)(A)) is
amended by striking ``after applying the standards, criteria,
and procedures'' and inserting ``after evaluating the ability
of the agency or organization to fulfill the contract
performance requirements''.
(B) The first sentence of section 1816(f)(1) (42 U.S.C.
1395h(f)(1)) is amended--
(i) by striking ``develop standards, criteria, and
procedures'' and inserting ``, after public notice and
opportunity for comment, develop contract performance
requirements'', and
(ii) by striking ``, and the Secretary shall
establish standards and criteria with respect to the
efficient and effective administration of this part''.
(C) The second sentence of section 1842(b)(2)(A) (42 U.S.C.
1395u(b)(2)(A)) is amended to read as follows: ``The Secretary
shall, after public notice and opportunity for comment, develop
contract performance requirements for the efficient and
effective performance of contract obligations under this
section.''.
(D) Section 1842(b)(2)(A) (42 U.S.C. 1395u(b)(2)(A)) is
amended by striking the third sentence.
(E) Section 1842(b)(2)(B) (42 U.S.C. 1395u(b)(2)(B)) is
amended in the matter preceding clause (i) by striking
``establish standards'' and inserting ``develop contract
performance requirements''.
(F) Section 1842(b)(2)(D) (42 U.S.C. 1395u(b)(2)(D)) is
amended by striking ``standards and criteria'' each place is
appears and inserting ``contract performance requirements''.
(4)(A) Section 1816(b) (42 U.S.C. 1395h(b)) is amended in
the matter preceding paragraph (1) by striking ``an agreement''
and inserting ``a contract''.
(B) Paragraphs (1)(B) and (2)(A) of section 1816(b) (42
U.S.C. 1395h(b)) are each amended by striking ``agreement'' and
inserting ``contract''.
(C) The first sentence of section 1816(c)(1) (42 U.S.C.
1395h(c)(1)) is amended by striking ``An agreement'' and
inserting ``A contract''.
(D) The last sentence of section 1816(c)(1) (42 U.S.C.
1395h(c)(1)) is amended by striking ``an agreement'' and
inserting ``a contract''.
(E) Section 1816(c)(2)(A) (42 U.S.C. 1395h(c)(2)(A)) is
amended in the matter preceding clause (i) by striking
``agreement'' and inserting ``contract''.
(F) Section 1816(c)(3)(A) (42 U.S.C. 1395h(c)(3)(A)) is
amended by striking ``agreement'' and inserting ``contract''.
(G) The first sentence of section 1816(f)(1) (42 U.S.C.
1395h(f)(1)) is amended by striking ``an agreement'' and
inserting ``a contract''.
(H) Section 1816(h) (42 U.S.C. 1395h(h)) is amended--
(i) by striking ``An agreement'' and inserting ``A
contract'', and
(ii) by striking ``the agreement'' each place it
appears and inserting ``the contract''.
(I) Section 1816(i)(I) (42 U.S.C. 1395h(i)(1)) is amended
by striking ``an agreement'' and inserting ``a contract''.
(J) Section 1816(j) (42 U.S.C. 1395h(j)) is amended by
striking ``An agreement'' and inserting ``A contract''.
(K) Section 1816(k) (42 U.S.C. 1395h(k)) is amended by
striking ``An agreement'' and inserting ``A contract''.
(L) Section 1842(a) (42 U.S.C. 1395u(a)) is amended in the
matter preceding paragraph (1) is amended by striking
``agreements'' and inserting ``contracts''.
(M) Section 1842(h)(3)(A) (42 U.S.C. 1395u(h)(3)(A)) is
amended by striking ``an agreement'' and inserting ``a
contract''.
(5) Section 1816(f)(1) (42 U.S.C. 1395h(f)(1)) is amended
by striking the second sentence.
(6)(A) Section 1816(c)(2)(A) (42 U.S.C. 1395h(c)(2)(A)) is
amended in the matter preceding clause (i) by inserting ``that
provides for making payments under this part'' after ``this
section''.
(B) Section 1816(c)(3)(A) (42 U.S.C. 1395h(c)(3)(A)) is
amended by inserting ``that provides for making payments under
this part'' after ``this section''.
(C) Section 1816(k) (42 U.S.C. 1395h(k)) is amended by
inserting ``(as appropriate)'' after ``submit''.
(D) Section 1842(a) (42 U.S.C. 1395u(a)) is amended in the
matter preceding paragraph (1) by striking ``some or all of the
following functions'' and inserting ``any or all of the
following functions, or parts of those functions''.
(E) The first sentence of section 1842(b)(2)(C) (42 U.S.C.
1395u(b)((2)(C)) is amended by inserting ``(as appropriate)''
after ``carriers''.
(F) Section 1842(b)(3) (42 U.S.C. 1395u(b)(3)) is amended
in the matter preceding subparagraph (A) by inserting ``(as
appropriate)'' after ``contract''.
(G) Section 1842(b)(7)(A) (42 U.S.C. 1395u(b)(7)(A)) is
amended in the matter preceding clause (i) by striking ``the
carrier'' and inserting ``a carrier''.
(H) Section 1842(b)(11)(A) (42 U.S.C. 1395u(b)(11)(A)) is
amended in the matter preceding clause (i) by inserting ``(as
appropriate)'' after ``each carrier''.
(I) Section 1842(h)(2) (42 U.S.C. 1395u(h)(2)) is amended
in the first sentence by inserting ``(as appropriate)'' after
``shall''.
(J) Section 1842(h)(5)(A) (42 U.S.C. 1395u(h)(5)(A)) is
amended by inserting ``(as appropriate)'' after ``carriers''.
(7)(A) Section 1816(c)(2)(C) (42 U.S.C. 1395h(c)(2)(C)) is
amended by striking ``hospital, rural primary care hospital,
skilled nursing facility, home health agency, hospice program,
comprehensive outpatient rehabilitation facility, or
rehabilitation agency'' and inserting ``provider of services''.
(B) Section 1816(j) (42 U.S.C. 1395h)(j)) is amended in the
matter preceding paragraph (1) by striking ``for home health
services, extended care services, or post-hospital extended
care services''.
(8) Section 1842(a)(3) (42 U.S.C. 1395u(a)(3)) is amended
by inserting ``(to and from individuals enrolled under this
part and to and from physicians and other entities that furnish
items and services)'' after ``communication''.
(c) Elimination of Special Provisions for Terminations of
Contracts.--
(1) Section 1816(b) (42 U.S.C. 1395h(b)) is amended in the
matter preceding paragraph (1) is amended by striking ``or
renew''.
(2) The last sentence of section 1816(c)(1) (42 U.S.C.
1395h(c)(1)) is amended by striking ``or renewing''.
(3) Section 1816(f)(1) (42 U.S.C. 1395h(f)(1)) is amended--
(A) by striking ``, renew, or terminate'', and
(B) by striking ``, whether the Secretary should
assign or reassign a provider of services to an agency
or organization,''.
(4) Section 1816(g) (42 U.S.C. 1395h(g)) is repealed.
(5) The last sentence of section 1842(b)(2)(A) (42 U.S.C.
1395u(b)(2)(A)) is amended by striking ``or renewing''.
(6) Section 1842(b) (42 U.S.C. 1395u(b)) is amended by
striking paragraph (5).
(d) Repeal of Fiscal Intermediary Requirements That Are Not Cost-
Effective.--Section 1816(f)(2) (42 U.S.C. 1395h(f)(2)) is amended to
read as follows:
``(2) The contract performance requirements developed under
paragraph (1) shall include, with respect to claims for
services furnished under this part by any provider of services
other than a hospital, whether such agency or organization is
able to process 75 percent of reconsiderations within 60 days
and 90 percent of reconsiderations within 90 days.''.
(e) Repeal of Cost Reimbursement Requirements.--
(1) The first sentence of section 1816(c)(1) (42 U.S.C.
1395h(c)(1)) is amended--
(A) by striking the comma after ``appropriate'' and
inserting ``and'', and
(B) by striking ``subsection (a)'' and all that
follows through the period and inserting ``subsection
(a).''.
(2) Section 1816(c)(1) (42 U.S.C. 1395h(c)(1)) is further
amended by striking the second and third sentences.
(3) The first sentence of section 1842(c)(1) (42 U.S.C.
1395u(c)(1)) is amended--
(A) by striking ``shall provide'' the first place
it appears and inserting ``may provide'', and
(B) by striking ``this part'' and all that follows
through the period and inserting ``this part.''.
(4) Section 1842(c)(1) (42 U.S.C. 1395u(c)(1)) is further
amended by striking the second and third sentences.
(5) Section 2326(a) of the Deficit Reduction Act of 1984 is
repealed.
(f) Competition Required for New Contracts and in Cases of Poor
Performance.--
(1) Section 1816(c) (42 U.S.C. 1395h(c)) is amended by
adding at the end the following new paragraph:
``(4)(A) A contract with a fiscal intermediary under this
section may be renewed from term to term without regard to any
provision of law requiring competition if the fiscal
intermediary has met or exceeded the performance requirements
established in the current contract.
``(B) Functions may be transferred among fiscal
intermediaries without regard to any provision of law requiring
competition.''.
(2) Section 1842(b)(1) (42 U.S.C. 1395u(b)(1)) is amended
to read as follows:
``(b)(1)(A) A contract with a carrier under subsection (a) may be
renewed from term to term without regard to any provision of law
requiring competition if the carrier has met or exceeded the
performance requirements established in the current contract.
``(B) Functions may be transferred among carriers without regard to
any provision of law requiring competition.''.
(g) Waiver of Competitive Requirements for Initial Contracts.--
(1) Contracts that have periods that begin during the 1-
year period that begins on the first day of the fourth calendar
month that begins after the date of enactment of this Act may
be entered into under section 1816(a) of the Social Security
Act (42 U.S.C. 1395h(a)) without regard to any provision of law
requiring competition.
(2) The amendments made by subsection (f) apply to
contracts that have periods beginning after the end of the 1-
year period specified in paragraph (1).
(h) Effective Dates.--
(1) The amendments made by subsection (c) apply to
contracts that have periods ending on, or after, the end of the
third calendar month that begins after the date of enactment of
this Act.
(2) The amendments made by subsections (a), (b), (d), and
(e) apply to contracts that have periods beginning after the
third calendar month that begins after the date of enactment of
this Act. | Medicare Contractor Reform Amendments of 1996 (sic) - Amends title XVIII (Medicare) of the Social Security Act to make specified changes in the way Medicare administers its contracts for administrative operations. Provides chiefly among such changes for: (1) augmenting the types of entities eligible to serve as carriers under the program; (2) allowing service providers their periodic choice of fiscal intermediaries; (3) repealing certain contract termination, cost reimbursement, and non-cost-effective fiscal intermediary requirements; and (4) requiring competition in cases of certain new contracts and in cases involving poor contract performance.
Waives competition requirements in specified circumstances. | Medicare Contractor Reform Amendments of 1996 |
942 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Washington National Opera
Commemorative Coin Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Washington National Opera has served as the
Nation's opera since its creation in 1956.
(2) In 2000, the Washington Opera was designated the
``National Opera'' by an Act of Congress to reflect the
significant national arts leadership role of the Opera.
(3) The Washington National Opera educates and inspires
students of all ages through engaging educational programs and
innovative partnerships that broaden public awareness and
appreciation for opera and are accessible to people of all
abilities through needs-based scholarships and accommodations.
(4) The education programs of the Washington National Opera
strengthen and enhance local, State, and national standards for
learning.
(5) The Washington National Opera has worked since its
inception to encourage the development of gifted young American
artists.
(6) It is appropriate to authorize coins commemorating the
20th anniversary of the Washington National Opera Education and
Community Programs with proceeds from the sale of the coins
being deposited for the Washington National Opera Education and
Community Program with the specific purpose of aiding in the
education of students, broadening awareness and appreciation
for opera, and enriching standards for learning.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Coins.--The Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall mint and issue not more than
300,000 $1 coins, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(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. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the Washington National Opera.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2010''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the Board of Directors of the
Washington National Opera (hereafter in this Act referred to as
the ``Board''); and
(2) reviewed by the Citizens Coinage Advisory Committee
established under section 5135 of title 31, United States Code.
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.--Not more than 1 facility of the United States
Mint may be used to strike the coins minted under this Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2010, except that the Secretary may
initiate sales of such coins, without issuance, before such date.
(d) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2010.
(e) First Use of Year 2010 Date.--The coins minted under this Act
shall be the first commemorative coins of the United States to be
issued bearing the inscription of the year ``2010''.
(f) Promotion Consultation.--The Secretary shall consult on a
regular and frequent basis with the Board in order to establish a role
for the Board in the promotion, advertising and marketing of the coins
minted under this Act.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales of coins under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary to the Board on behalf of the Washington National Opera
Education and Community Program to be used to aid in the education of
students, broadening awareness and appreciation for opera, and
enriching standards for learning.
(c) Audits.--The Board and the Washington National Opera Education
and Community Program shall be subject to the audit requirements of
section 5134(f)(2) of title 31, United States Code. | Washington National Opera Commemorative Coin Act of 2004 - Directs the Secretary of the Treasury to mint, until December 31, 2010, coins in commemoration of the Washington National Opera. Provides for the issuance and sale of such coins. | To require the Secretary of the Treasury to mint coins in commemoration of the Washington National Opera, and for other purposes. |
943 | SECTION 1. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES FOR
CERTAIN RETIREMENT PLANS AND ACCOUNTS.
(a) In General.--Section 401(a)(9) of the Internal Revenue Code of
1986 (relating to required distributions) is amended by adding at the
end the following new subparagraph:
``(H) Temporary waiver of minimum required
distribution.--
``(i) In general.--The requirements of this
paragraph shall not apply in calendar year 2008
or 2009.
``(ii) Plans must allow elections.--A trust
forming part of a plan shall not constitute a
qualified trust under this subsection unless
the plan provides that it will allow an
employee or beneficiary to elect to eliminate
or reduce payments or distributions during
calendar year 2009 which would otherwise be
made to meet the requirements of this
paragraph. This clause shall not apply to an
employee or beneficiary who is receiving, after
the annuity starting date, distributions under
the plan through an annuity contract issued by
a company licensed to do business as an
insurance company under the laws of any State.
``(iii) Election.--An election under clause
(ii) shall be made at such time and in such
manner as the Secretary may prescribe.
``(iv) Coordination with similar
requirements.--In the case of--
``(I) an individual retirement
account or annuity described in section
408, this subparagraph shall be applied
without regard to clauses (ii) and
(iii), and
``(II) an eligible deferred
compensation plan described in section
457(b), this subparagraph shall only
apply to such a plan maintained by an
employer described in section
457(e)(1)(A).
``(v) Special rules regarding suspension
period.--For purposes of this paragraph--
``(I) the required beginning date
with respect to such individual shall
be determined without regard to this
subparagraph for purposes of applying
this paragraph to calendar years after
2009, and
``(II) if clause (ii) of
subparagraph (B) applies to such
individual, the amount of any
distribution required by this paragraph
for 2008 or 2009 which was not made (or
rolled over) by reason of this
subparagraph shall be required to be
distributed in 2010.''.
(b) Eligible Rollover Distributions.--Section 402(c)(4) of the
Internal Revenue Code of 1986 (defining eligible rollover distribution)
is amended by adding at the end the following new flush sentence:
``Subparagraph (A) shall not apply to any distributions made in
2008 or 2009 to an individual who is not subject to the
required minimum distribution rules under section 401(a)(9) for
the calendar year solely by reason of the application of
section 401(a)(9)(H). In the case of a distribution which is
treated as an eligible rollover distribution solely by reason
of the preceding sentence, such distribution shall not be
treated as an eligible rollover distribution for purposes of
section 401(a)(31) or 3405(c) or subsection (f) of this
section.''.
(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
(2) Extension of rollover periods for distributions in
2008.--
(A) In general.--In the case of a distribution from
an eligible retirement plan made during 2008 to an
individual who is not subject to the required minimum
distribution rules under section 401(a)(9) of the
Internal Revenue Code of 1986 for the calendar year
solely by reason of the application of section
401(a)(9)(H) of such Code--
(i) the 60-day period under section
402(c)(3) or 408(d)(3) of such Code during
which such distribution may be rolled over,
whichever is applicable, shall not end before
the later of--
(I) the due date (determined
without regard to any extension) for
filing the return of tax imposed by
chapter 1 of such Code for the taxable
year in which the distribution was
made, or
(II) the date which is 60 days
after the date of the enactment of this
Act,
(ii) in the case of an individual
retirement plan, the limitation under section
408(d)(3)(B) of such Code shall not apply to
any rollover contribution of the distribution,
and
(iii) subject to such rules or guidance as
the Secretary of the Treasury or the
Secretary's delegate may prescribe--
(I) notwithstanding section
408(d)(3)(C) of such Code, if such
individual is the beneficiary of an
inherited individual retirement account
or annuity, the individual may rollover
such distribution, and
(II) notwithstanding section
402(c)(11) of such Code, such
individual shall not be treated as
failing to meet the requirements of
such section solely because the
transfer is not made in a direct
trustee-to-trustee transfer.
(B) Eligible retirement plan.--For purposes of this
paragraph, the term ``eligible retirement plan'' has
the meaning given such term by section 402(c)(8)(B) of
such Code.
(3) Provisions relating to plan or contract amendments.--
(A) In general.--If this paragraph applies to any
pension plan or contract amendment, such pension plan
or contract shall be treated as being operated in
accordance with the terms of the plan during the period
described in subparagraph (B)(ii)(I).
(B) Amendments to which paragraph applies.--
(i) In general.--This paragraph shall apply
to any amendment to any pension plan or annuity
contract which--
(I) is made by reason of the
amendments made by this section, and
(II) is made on or before the last
day of the first plan year beginning on
or after January 1, 2011.
In the case of a governmental plan, subclause
(II) shall be applied by substituting ``2012''
for ``2011''.
(ii) Conditions.--This paragraph shall not
apply to any amendment unless--
(I) during the period beginning on
January 1, 2009, and ending on December
31, 2009 (or, if earlier, the date the
plan or contract amendment is adopted),
the plan or contract is operated as if
such plan or contract amendment were in
effect; and
(II) such plan or contract
amendment applies retroactively for
such period. | Amends the Internal Revenue Code to suspend in 2008 and 2009 requirements for minimum distributions from tax-deferred retirement plans. Permits taxpayers who have already received a minimum distribution to recontribute such distribution to their retirement plans. | A bill to amend the Internal Revenue Code of 1986 to suspend the minimum required pension distribution rules for 2008 and 2009. |
944 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Economic
Recovery Act''.
SEC. 2. LIMITATION ON INCOME TAX IMPOSED ON INDIVIDUALS WHO ARE
RESIDENTS OF THE DISTRICT OF COLUMBIA.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 (relating to determination of tax liability) is amended by
adding at the end the following new part:
``PART VIII--LIMITATION ON TAX IMPOSED ON RESIDENTS OF THE DISTRICT OF
COLUMBIA
``Sec. 59B. Limitation on tax.
``SEC. 59B. LIMITATION ON TAX.
``(a) General Rule.--The net income tax of an individual who is a
resident of the District of Columbia for the taxable year shall not
exceed the limitation determined under subsection (b) for such year.
``(b) Limitation.--The limitation determined under this subsection
is the sum of the amounts determined under paragraphs (1) and (2).
``(1) 15-percent rate of district-sourced income in excess
of exemption amount.--The amount determined under this
paragraph is an amount equal to 15 percent of so much of
District-sourced income as exceeds the exemption amount.
``(2) Average rate of non-district-sourced adjusted gross
income.--The amount determined under this paragraph is an
amount equal to the average rate of the non-District-sourced
adjusted gross income.
``(c) Definitions.--For purposes of this section--
``(1) Resident of district of columbia.--An individual is a
resident of the District of Columbia for the taxable year if--
``(A) such individual used a residence in the
District of Columbia as a place of abode (and was
physically present at such place) for at least 183 days
of such taxable year, and
``(B) such individual files a District of Columbia
income tax return for such taxable year.
``(2) Net income tax.--The term `net income tax' means--
``(A) the sum of regular tax liability and the tax
imposed by section 55 (determined without regard to
this section), reduced by
``(B) the aggregate credits allowable under part IV
(other than section 31).
``(3) Exemption amount.--The term `exemption amount'
means--
``(A) $30,000 in the case of a joint return or a
surviving spouse,
``(B) $15,000 in the case of--
``(i) an individual who is not a married
individual and is not a surviving spouse, and
``(ii) a married individual filing a
separate return, and
``(C) $25,000 in the case of a head of a household.
``(4) Average rate.--The term `average rate' means the
percentage determined by dividing--
``(A) the sum (determined without regard to this
section) of the taxpayer's regular tax liability and
the tax imposed by section 55, by
``(B) the taxpayer's taxable income.
If the percentage determined under the preceding sentence is
not a whole number of percentage points, such percentage shall
be rounded to the nearest whole number of percentage points.
``(5) Regular tax liability.--The term `regular tax
liability' has the meaning given to such term by section 26(b).
``(d) District-Sourced Income.--For purposes of this section, the
term `District-sourced income' means adjusted gross income reduced by
the sum of--
``(1) non-District-sourced adjusted gross income,
``(2) net capital gain determined by taking into account
only gains and losses sourced in the District of Columbia,
``(3) the deduction allowed by section 170, and
``(4) the deduction allowed by section 163 to the extent
attributable to qualified residence interest (as defined in
section 163(h)).
``(e) Non-District-Sourced Adjusted Gross Income.--For purposes of
this section, the term `non-District-sourced adjusted gross income'
means gross income of the taxpayer from sources outside the District of
Columbia reduced (but not below zero) by the deductions taken into
account in determining adjusted gross income which are allocable to
such income.
``(f) Sources of Income.--For purposes of this section--
``(1) Retirement income and other income not sourced under
subsection.--The source of any income not specifically provided
for in this subsection shall be treated as from sources within
the District of Columbia.
``(2) Personal services.--
``(A) In general.--Compensation (other than
retirement income) for services performed by the
taxpayer as an employee, and net earnings from self-
employment (as defined in section 1402)), shall be
sourced at the place such services are performed.
``(B) Services performed in washington-baltimore
area treated as performed in the district of
columbia.--Services performed in the Washington-
Baltimore area shall be treated as performed in the
District of Columbia.
``(C) Individuals performing 80 percent of services
within washington-baltimore area.--If, during any
taxable year, at least 80 percent of the hours of
service performed by an individual are performed within
the Washington-Baltimore area, all such service shall
be treated for purposes of this paragraph as performed
within the District of Columbia.
``(D) Washington-baltimore area.--For purposes of
this paragraph, the term `Washington-Baltimore area'
means the area consisting of--
``(i) the Washington/Baltimore Consolidated
Metropolitan Statistical Area (as designated by
the Office of Management and Budget), and
``(ii) St. Mary's County, Maryland.
``(3) Interest.--
``(A) In general.--Interest received or accrued
during the taxable year shall be treated as from
sources outside the District of Columbia.
``(B) Exception for small amounts of non-district-
sourced interest.--Interest which would (but for this
subparagraph) be treated as from sources outside the
District of Columbia shall be treated as from sources
in the District of Columbia to the extent the amount of
such interest does not exceed $400.
``(C) Exception for interest paid by district of
columbia businesses and residents.--
``(i) Businesses.--In the case of interest
paid during a calendar year by a debtor which
was required to file (and filed) a franchise
tax return with the District of Columbia for
the debtor's taxable year ending with or within
the prior calendar year, an amount equal to
the D.C. percentage (as shown on such return) of such interest shall be
treated as from sources within the District of Columbia. The preceding
sentence shall apply only if such percentage is furnished to the
taxpayer in writing on or before January 31 of the year following the
calendar year in which such interest is paid.
``(ii) Others.--Interest shall be treated
as from sources within the District of Columbia
if the interest is paid during a calendar year
by a debtor--
``(I) which was required to file
(and filed) an income tax return with
the District of Columbia for the
debtor's taxable year ending during the
prior calendar year, and
``(II) which is not required to
file a franchise tax return with the
District of Columbia for such taxable
year.
``(D) Special rule for determination of d.c.
percentage for new businesses.--Interest shall be
treated as from sources within the District of Columbia
if the interest is paid during a calendar year by a
debtor which was required to file (and filed) a
franchise tax return with the District of Columbia for
such debtor's taxable year ending during such calendar
year, but which was not required to file such a return
for such debtor's prior taxable year.
``(4) Dividends.--
``(A) In general.--Dividends received or accrued
during the taxable year shall be treated as from
sources outside the District of Columbia.
``(B) Exception for small amounts of non-district-
sourced dividends.--Dividends which would (but for this
subparagraph) be treated as from sources outside the
District of Columbia shall be treated as from sources
in the District of Columbia to the extent the amount of
such dividends do not exceed $400.
``(C) Exception for dividends paid by corporation
engaged in business in the district of columbia.--In
the case of dividends paid during a calendar year by a
corporation which was required to file (and filed) a
franchise tax return with the District of Columbia for
the debtor's taxable year ending during the prior
calendar year, an amount equal to the D.C. percentage
(as shown on such return) of such dividends shall be
treated as from sources within the District of
Columbia. The preceding sentence shall apply only if
such percentage is furnished to the taxpayer in writing
on or before January 31 of the year following the
calendar year in which such dividends are paid.
``(5) Disposition of tangible property.--Income, gain, or
loss from the disposition of tangible property shall be sourced
to the place such property is located at the time of the
disposition.
``(6) Disposition of intangible property.--
``(A) In general.--Income, gain, or loss from the
disposition of intangible property shall be treated as
from sources outside the District of Columbia.
``(B) Exception.-- If any portion of the most
recent income received or accrued before such
disposition which was attributable to such property was
from sources within the District of Columbia, a like
portion of the income, gain, or loss from such
disposition shall be treated as from sources within the
District of Columbia.
``(7) Rentals.--Rents from property shall be sourced at the
place where such property is located.
``(8) Royalties.--Royalties shall be treated as from
sources outside the District of Columbia.
``(9) Income from proprietorship.--
``(A) In general.--In the case of a trade or
business carried on by the taxpayer as a
proprietorship, income from such trade or business
(other than income which is included in net earnings
from self-employment by the taxpayer) shall be treated
as from sources outside the District of Columbia.
``(B) Exception for district of columbia
businesses.--If the taxpayer is required to file (and
files) a franchise tax return with the District of
Columbia for the taxable year, subparagraph (A) shall
not apply to an amount equal to the D.C. percentage of
such income.
``(10) Income from partnership.--
``(A) In general.--In the case of a taxpayer who is
a partner in a partnership, income from such
partnership (other than income which is included in net
earnings from self-employment by any partner) shall be
treated as from sources outside the District of
Columbia.
``(B) Exceptions.--
``(i) Subparagraph (A) shall not apply to a
partnership which was required to file (and
filed) a franchise tax return with the District
of Columbia for the partnership's taxable year
ending with or within the taxpayer's taxable
year to the extent of the D.C. percentage of
the taxpayer's distributive share of the
partnership income.
``(ii) Subparagraph (A) shall not apply to
a partnership which was not required to file a
franchise tax return with the District of
Columbia for the partnership's taxable year
ending with or within the taxpayer's taxable
year to the extent of the taxpayer's
distributive share of partnership income which
is not (as determined under this subsection)
from sources outside the District of Columbia.
``(11) Income in respect of a decedent; income from an
estate.--Income in respect of a decedent, and income from an
estate, shall be sourced at the place where the decedent was
domiciled at the time of his death.
``(12) Income from a trust.--Income (other than retirement
income) from a trust shall be treated as from the same sources
as the income of the trust to which it is attributable.
``(g) Definitions Relating to Subsection (f).--For purposes of
subsection (f)--
``(1) Retirement income.--The term `retirement income' has
the meaning given such term by section 114(b)(1) of title 4,
United States Code (determined without regard to subparagraph
(I) thereof).
``(2) D.C. percentage.--The term `D.C. percentage' means
the percentage determined by dividing--
``(A) the net income taxable in the District of
Columbia (as shown on the original return for the
taxable year), by
``(B) total net income from all sources (as shown
on such return).
The preceding sentence shall be applied based on amounts shown
on the original applicable District of Columbia franchise or
income tax return.
``(h) Section Not To Apply to Estates and Trusts.--This section
shall not apply to an estate or trust.
``(i) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''
(b) Conforming Amendments.--
(1) Paragraph (1) of section 55(c) of such Code is amended
by adding at the end the following: ``Such regular tax shall be
determined without regard to section 59B.''
(2) The table of parts for subchapter A of chapter 1 of
such Code is amended by adding at the end the following new
item:
``Part VIII. Limitation on tax imposed on
residents of the District of
Columbia.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | District of Columbia Economic Recovery Act - Amends the Internal Revenue Code to set forth a limitation on the income tax imposed on individuals who are residents of the District of Columbia. Specifies that the limitation is the sum of: (1) 15 percent of so much District-sourced income as exceeds the exemption amount; and (2) the average rate of the non-District-sourced adjusted gross income. Sets forth definitions, including for "resident of the District of Columbia" and "exemption amount."
Provides for the tax treatment of certain sources of income. | District of Columbia Economic Recovery Act |
945 | SECTION 1. RECONSULTATION ON CENTRAL VALLEY PROJECT AND THE CALIFORNIA
STATE WATER PROJECT.
(a) Findings and Purpose.--
(1) Findings.--The Congress finds and declares the
following:
(A) The United States owns and operates the
California Central Valley Project (CVP), originally
federally authorized under the Emergency Relief
Appropriation Act of 1935 (49 Stat. 115), and
reauthorized multiple times since--
(i) to provide for improved navigation,
flow regulation and flood control, storage and
delivery of water, hydropower production,
construction of distribution systems to deliver
water for the reclamation of arid and semiarid
lands;
(ii) to protect, restore, and enhance fish,
wildlife and associated habitats; and
(iii) to provide other beneficial uses.
(B) The State of California owns and operates the
California State Water Project (SWP), the Nation's
largest State-built water and power development and
conveyance system, which was authorized in 1960 by a
State referendum known as the Burns-Porter Act to
provide for water storage and delivery, hydropower
generation, flood control, recreation, water quality,
fish and wildlife enhancement, and other beneficial
uses.
(C) California is the world's 8th largest economy
and accounts for 13 percent of the Nation's economic
output. Water conveyed from northern to southern
California through the Bay Delta supports 25 percent of
the State's economy, is a source of drinking water for
over 22 million people, irrigates nearly 50 percent of
the Nation's fruits and vegetables, and supplies
numerous wildlife management and ecosystem restoration
projects.
(D) Several species listed under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) and
potentially affected by the continued operation of the
CVP and SWP are experiencing historic or near-historic-
recorded low population levels.
(E) A number of scientific investigations have been
initiated by State, Federal, and local agencies,
academia, and private interests to identify the causes
of these declines and recorded low population levels.
The vast majority of these studies have concluded that
these species are being impacted by a multitude of
environmental factors including predation, competition
from invasive species, entrainment by public and
private water diversions, legal and illegal harvest,
contamination emanating from urban and industrial
wastewater discharges, agricultural and urban runoff,
ocean conditions, and other environmental consequences
associated with climate change.
(F) Operations of the CVP and SWP are coordinated
to a large degree by the Coordinated Operations
Agreement between the United States and State of
California and implemented by Congress in 1986 (Public
Law 99-546).
(G) The existing and proposed operations of the CVP
and SWP are subject to consultation with the Unites
States Fish & Wildlife Service (FWS) and National
Marine Fisheries Service (NMFS) under section 7(a) of
the Endangered Species Act of 1973 (16 U.S.C. 1536(a)).
The current biological opinions were prepared
separately, under direction by the United States
District Court for the Eastern District of California,
and issued December 2008 and June 2009, respectively.
(H) The Central Valley Project Improvement Act of
1992 (Public Law 102-575) re-allocated on average over
1.6 million acre-feet of water annually away from water
users for environmental restoration, disproportionately
impacting rural, agricultural communities in the San
Joaquin Valley.
(I) The 2008 FWS and 2009 NMFS biological opinions
are projected to result in an additional 1,200,000
acre-feet of reductions annually, combined, on average.
(J) The State of California has been hard hit by
three critically dry years. Coupled with an economic
downturn, severely restricted water supply deliveries
from the CVP and SWP to water service users has
resulted in San Joaquin Valley cities and farm
communities suffering unemployment numbers upwards of
30 to 40 percent, with tens of thousands of jobs lost,
hundreds of thousands of acres fallowed, and other
environmental consequences.
(K) The current 2008 FWS and 2009 NMFS biological
opinions consider complex actions taking place in
highly altered environments but do not analyze the
relative impact of any other environmental factors
affecting the survival or recovery of the listed
species, though they do acknowledge that conditions and
activities not within the control of the CVP and SWP
are likely to place substantial stress upon them.
Further, as the 2008 FWS and 2009 NMFS biological
opinions were developed separate of one another, there
exist potential conflicts between them that may
adversely impact one listed species in an attempt to
protect another.
(2) Purpose.--The purpose of this section is to resolve
these potential conflicts and to address the full range of
environmental factors that are likely jeopardizing the
continued existence or recovery of the listed species or
resulting in the destruction or adverse modification of their
critical habitat.
(b) Reconsultation Required.--
(1) In general.--Within 90 days after the date of enactment
of this Act, the Commissioner of the Bureau of Reclamation
shall initiate consultation with the Secretary of the Interior
and the Secretary of Commerce regarding the existing and
proposed operations of the Central Valley Project and the
California State Water Project, including as described in the
Operations Criteria and Plan for the Central Valley Project,
California, under section 7(a) of the Endangered Species Act of
1973 (16 U.S.C. 1536(a)).
(2) Covered species.--The consultation shall include all
species listed under section 4(c) of such Act (16 U.S.C.
1533(c)) and all candidate species (as that term is used in
that Act) that are or will be affected by such proposed
operations.
(3) Analysis of factors.--In conducting the consultation
required by this subsection, the Secretary of the Interior and
the Secretary of Commerce shall each--
(A) identify, analyze, and describe all factors
affecting the survival and recovery of the species
referred to in paragraph (2), other than operations of
the Central Valley Project and the California State
Water Project, including--
(i) municipal wastewater discharges;
(ii) urban and agricultural runoff;
(iii) industrial discharges;
(iv) major power plant water diversions and
discharges;
(v) private water diversions within the
Sacramento-San Joaquin River Delta; and
(vi) predation by invasive species,
including striped bass;
(B) identify, analyze, and describe the effect of
invasive species and wastewater discharges on food
availability on the survival and recovery of the
species referred to in paragraph (2), including changes
in the composition or availability of prey; changes in
climate; and alterations in the species' critical
habitat;
(C) identify, analyze, and to the greatest extent
practicable quantify the relative effect of each factor
affecting the survival and recovery of the subject
species;
(D) rank each such factor in the order of its
relative effect on the likelihood of the survival and
recovery of the species referred to in paragraph (2);
and
(E) identify the specific, additional incremental
effect of existing and proposed discretionary
operations of the Central Valley Project and California
State Water Project on the survival and recovery of the
species referred to in paragraph (2), in relation to
all other factors affecting such survival and recovery.
(c) Biological Opinion.--
(1) In general.--The Secretary of the Interior and the
Secretary of Commerce shall issue a statement under section
7(b)(3) of the Endangered Species Act of 1973 (16 U.S.C.
1536(b)(3)) with respect to the existing and proposed
operations that are the subject of the consultation under
subsection (b) of this section.
(2) Reasonable and prudent alternatives.--If the Secretary
of the Interior and the Secretary of Commerce include in the
statement reasonable and prudent alternatives to discretionary
project operations, they shall--
(A) specify and specifically describe in the
statement the increased species abundance they estimate
will result from such alternatives; and
(B) limit the measures required by the reasonable
and prudent alternative to no more than the
proportionate effects of those discretionary project
operations in relation to the factors referred to in
subsection (b)(3)(A) affecting the species referred to
in subsection (b)(2).
(3) Other actions or measures.--The Secretary of the
Interior and the Secretary of Commerce shall identify and
recommend in the statement actions or measures that are not
within the jurisdiction of the Bureau of Reclamation, but are
necessary to address any factors referred to in subsection
(b)(3)(A) that are jeopardizing the species referred to in
subsection (b)(2) or adversely modifying their critical
habitat.
(d) Deadline for Completion.--
(1) In general.--The Commissioner and each such Secretary
shall conclude consultation under subsection (b) and issue a
statement under subsection (c) by the end of the 90-day period
on which the consultation under subsection (b) is initiated by
the Commissioner.
(2) No extension.--Notwithstanding any other law, including
paragraphs (1) and (2) of section 7(b) of the Endangered
Species Act of 1973 (16 U.S.C. 1536(b)), the period under
paragraph (1) may not be extended.
(e) Citizen Suits.--For purposes of section 11(g) of the of the
Endangered Species Act of 1973 (16 U.S.C. 1540(g)), this section is
deemed to be a provision of that Act.
(f) Other Consultation and Biological Opinion Not Effective.--Any
consultation conducted or statement issued before the date of enactment
of this Act under section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536) with respect to the existing and proposed operations
referred to in subsection (b)(1) shall have no force or effect after
the date of the issuance of the statement under this section. | Requires the Commissioner of the Bureau of Reclamation to initiate (and conclude within 90 days) consultation with the Secretary of the Interior and the Secretary of Commerce on the existing and proposed operations of the Central Valley Project and the California State Water Project, including regarding all endangered, threatened, and candidate species listed under the Endangered Species Act affected by such proposed operations.
Requires the Secretaries to: (1) identify, analyze, and describe all factors, other than operations of the Projects, affecting the survival and recovery of such species and the effect of invasive species and wastewater discharges on food availability on the survival and recovery of such species; (2) quantify the relative effect of each factor affecting the survival and recovery of the subject species; (3) rank each such factor in the order of its effect on the likelihood of the survival and recovery of the species; and (4) identify the specific, additional incremental effect of existing and proposed discretionary operations of the Projects on the survival and recovery of the species in relation to all other factors affecting such survival and recovery.
Requires the Secretaries: (1) to issue a statement setting forth their opinion detailing how existing and proposed operations of such Projects affect such species or their critical habitat; (2) if they include in the statement reasonable and prudent alternatives to discretionary project operations, to describe the increased species abundance they estimate will result from such alternatives and limit the measures required by the alternatives to no more than the proportionate effects of those discretionary project operations in relation to the factors affecting the species; and (3) to identity and recommend actions or measures that are not within the jurisdiction of the Bureau but are necessary to address any factors that are jeopardizing such species or adversely modifying their critical habitat.
Declares that any consultation conducted or statement issued before this Act's enactment with respect to the existing and proposed operations shall have no force or effect after the statement is issued under this Act. | To direct the Commissioner of the Bureau of Reclamation to initiate consultations under the Endangered Species Act of 1973 on the Central Valley Project and the California State Water Project, and for other purposes. |
946 | SECTION 1. CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF BOOK INVENTORIES.
(a) In General.--Section 170(e)(3) of the Internal Revenue Code of
1986 (relating to certain contributions of ordinary income and capital
gain property) is amended by redesignating subparagraph (C) as
subparagraph (D) and by inserting after subparagraph (B) the following
new subparagraph:
``(C) Special rule for contributions of book
inventory for educational purposes.--
``(i) Contributions of book inventory.--In
determining whether a qualified book
contribution is a qualified contribution,
subparagraph (A) shall be applied without
regard to whether--
``(I) the donee is an organization
described in the matter preceding
clause (i) of subparagraph (A), and
``(II) the property is to be used
by the donee solely for the care of the
ill, the needy, or infants.
``(ii) Amount of reduction.--
Notwithstanding subparagraph (B), the amount of
the reduction determined under paragraph (1)(A)
shall not exceed the amount by which the fair
market value of the contributed property (as
determined by the taxpayer using a bona fide
published market price for such book) exceeds
twice the basis of such property.
``(iii) Qualified book contribution.--For
purposes of this paragraph, the term `qualified
book contribution' means a charitable
contribution of books, but only if the
requirements of clauses (iv) and (v) are met.
``(iv) Identity of donee.--The requirement
of this clause is met if the contribution is to
an organization--
``(I) described in subclause (I) or
(III) of paragraph (6)(B)(i), or
``(II) described in section
501(c)(3) and exempt from tax under
section 501(a) (other than a private
foundation, as defined in section
509(a), which is not an operating
foundation, as defined in section
4942(j)(3)), which is organized
primarily to make books available to
the general public at no cost or to
operate a literacy program.
``(v) Certification by donee.--The
requirement of this clause is met if, in
addition to the certifications required by
subparagraph (A) (as modified by this
subparagraph), the donee certifies in writing
that--
``(I) the books are suitable, in
terms of currency, content, and
quantity, for use in the donee's
educational programs, and
``(II) the donee will use the books
in its educational programs.
``(vi) Bona fide published market price.--
For purposes of this subparagraph, the term
`bona fide published market price' means, with
respect to any book, a price--
``(I) determined using the same
printing and edition,
``(II) determined in the usual
market in which such a book has been
customarily sold by the taxpayer, and
``(III) for which the taxpayer can
demonstrate to the satisfaction of the
Secretary that the taxpayer customarily
sold such books in arm's length
transactions within 7 years preceding
the contribution of such a book.''.
(b) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of the enactment of this Act | Amends the Internal Revenue Code to set forth a rule for determining the amount of the deduction allowable for charitable book inventory contributions for educational purposes. | A bill to amend the Internal Revenue Code of 1986 to enhance book donations and literacy. |
947 | SECTION 1. SPECIAL RULE FOR CERTAIN FACILITIES GENERATING ELECTRICITY
FROM BIOMASS AND MUNICIPAL SOLID WASTE.
(a) In General.--Section 45(e) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(12) Special rule for certain qualified facilities.--
``(A) In general.--In the case of electricity
produced at a qualified facility described in paragraph
(3) or (7) of subsection (d) and placed in service
before the date of the enactment of this paragraph, a
taxpayer may elect to apply subsection (a)(2)(A)(ii) by
substituting `the period beginning after December 31,
2016, and ending before January 1, 2018' for `the 10-
year period beginning on the date the facility was
originally placed in service'.
``(B) Limitation.--No credit shall be allowed under
subsection (a) to any taxpayer making an election under
this paragraph with respect to electricity produced and
sold at a facility during any period which, when
aggregated with all other periods for which a credit is
allowed under this section with respect to electricity
produced and sold at such facility, is in excess of 10
years.''.
(b) Effective Date.--The amendment made by this section shall take
effect on January 1, 2017.
SEC. 2. MODIFICATION TO DEFINITION OF MUNICIPAL SOLID WASTE.
(a) In General.--Paragraph (6) of section 45(c) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(6) Municipal solid waste.--
``(A) In general.--The term `municipal solid waste'
has the meaning given the term `solid waste' under
section 2(27) of the Solid Waste Disposal Act (42
U.S.C. 6903), except that such term does not include--
``(i) paper which is commonly recycled and
which has been segregated from other solid
waste (as so defined), or
``(ii) solid waste (as so defined) which is
collected as part of a system which commingles
commonly recycled paper with other solid waste
which is not commonly recycled at any point
from the time of collection through any
materials recovery.
``(B) Special rule with respect to incidental and
residual waste.--Subparagraph (A)(ii) shall not apply
to--
``(i) solid waste (as so defined) which
only contains an incidental amount of commonly
recycled paper, and
``(ii) solid waste (as so defined) which is
residual waste generated at a materials
recovery facility that receives and processes
only paper and other recyclable materials
containing no more than an incidental amount of
non-recyclable solid waste.
``(C) No effect on existing processes.--Nothing in
subparagraph (A) shall be interpreted to require a
State or a political subdivision of a State, directly
or indirectly, to change the systems, processes, or
equipment it uses to collect, treat, dispose, or
otherwise use municipal solid waste, within the meaning
of the Solid Waste Disposal Act (42 U.S.C. 6903 et
seq.), nor require a change to the regulations that
implement subtitle D of such Act (42 U.S.C. 6901 et
seq.).''.
(b) Rules With Respect to Electricity Produced From Solid Waste.--
Subsection (e) of section 45 of the Internal Revenue Code of 1986, as
amended by this Act, is amended by adding at the end the following new
paragraph:
``(13) Source of municipal solid waste feedstock.--In the
case of a qualified facility that produces electricity both
from municipal solid waste and other solid waste that is not a
qualified energy resource--
``(A) such facility shall be considered a qualified
facility if it otherwise meets the requirements of
subsection (d), and
``(B) subsection (a) shall only apply to that
portion of the electricity produced from municipal
solid waste.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | This bill amends the Internal Revenue Code, with respect to the tax credit for producing electricity from renewable resources, to allow a taxpayer to elect the application of such credit to open-loop biomass and trash facilities during the period beginning after December 31, 2016, and ending before January 1, 2018 (in lieu of the 10-year period after the facilities are originally placed in service). The bill limits the aggregate period during which a taxpayer can claim a tax credit with respect to a facility to 10 years. The bill also modifies the definition of "municipal solid waste" to specify that the term does not include solid waste collected as part of a system which commingles commonly recycled paper with other solid waste which is not commonly recycled at any point from the time of collection through any materials recovery. The bill includes exceptions for incidental and residual waste. In the case of a facility that produces electricity both from municipal solid waste and other solid waste that is not a qualified energy resource: (1) the facility is a qualified facility if it otherwise meets the requirements for qualified facilities, and (2) the credit only applies to the portion of the electricity produced from municipal solid waste. | A bill to amend the Internal Revenue Code of 1986 to modify the credit for production of electricity from renewable resources to allow a credit for certain open-loop biomass and trash facilities placed in service before the date of the enactment of this Act and to modify the definition of municipal solid waste. |
948 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Behavioral Health Care Integration
Act of 2016''.
SEC. 2. PRIMARY AND BEHAVIORAL HEALTH CARE INTEGRATION GRANT PROGRAMS.
Section 520K of the Public Health Service Act (42 U.S.C. 290bb-42)
is amended to read as follows:
``SEC. 520K. INTEGRATION INCENTIVE GRANTS.
``(a) In General.--The Secretary shall establish a primary and
behavioral health care integration grant program. The Secretary may
award grants and cooperative agreements to eligible entities to expend
funds for improvements in integrated settings with integrated
practices.
``(b) Definitions.--In this section:
``(1) Integrated care.--The term `integrated care' means
full collaboration in merged or transformed practices offering
behavioral and physical health services within the same shared
practice space in the same facility, where the entity--
``(A) provides services in a shared space that
ensures services will be available and accessible
promptly and in a manner which preserves human dignity
and assures continuity of care;
``(B) ensures communication among the integrated
care team that is consistent and team-based;
``(C) ensures shared decisionmaking between
behavioral health and primary care providers;
``(D) provides evidence-based services in a mode of
service delivery appropriate for the target population;
``(E) employs staff who are multidisciplinary and
culturally and linguistically competent;
``(F) provides integrated services related to
screening, diagnosis, and treatment of mental illness
and substance use disorder and co-occurring primary
care conditions and chronic diseases; and
``(G) provides targeted case management, including
services to assist individuals gaining access to needed
medical, social, educational, and other services and
applying for income security, housing, employment, and
other benefits to which they may be entitled.
``(2) Integrated care team.--The term `integrated care
team' means a team that includes--
``(A) allopathic or osteopathic medical doctors,
such as a primary care physician and a psychiatrist;
``(B) licensed clinical behavioral health
professionals, such as psychologists or social workers;
``(C) a case manager; and
``(D) other members, such as psychiatric advanced
practice nurses, physician assistants, peer-support
specialists or other allied health professionals, such
as mental health counselors.
``(3) Special population.--The term `special population'
means--
``(A) adults with mental illnesses who have co-
occurring primary care conditions with chronic
diseases;
``(B) adults with serious mental illnesses who have
co-occurring primary care conditions with chronic
diseases;
``(C) children and adolescents with serious
emotional disorders with co-occurring primary care
conditions and chronic diseases;
``(D) older adults with mental illness who have co-
occurring primary care conditions with chronic
conditions;
``(E) individuals with substance use disorder; or
``(F) individuals from populations for which there
is a significant disparity in the quality, outcomes,
cost, or use of mental health or substance use disorder
services or a significant disparity in access to such
services, as compared to the general population, such
as racial and ethnic minorities and rural populations.
``(c) Purpose.--The grant program under this section shall be
designed to lead to full collaboration between primary and behavioral
health in an integrated practice model to ensure that--
``(1) the overall wellness and physical health status of
individuals with serious mental illness and co-occurring
substance use disorders is supported through integration of
primary care into community mental health centers meeting the
criteria specified in section 1913(c) of the Social Security
Act or certified community behavioral health clinics described
in section 223 of the Protecting Access to Medicare Act of
2014; or
``(2) the mental health status of individuals with
significant co-occurring psychiatric and physical conditions
will be supported through integration of behavioral health into
primary care settings.
``(d) Eligible Entities.--To be eligible to receive a grant or
cooperative agreement under this section, an entity shall be a State
department of health, State mental health or addiction agency, State
Medicaid agency, or licensed health care provider or institution. The
Administrator may give preference to States that have existing
integrated care models, such as those authorized by section 1945 of the
Social Security Act.
``(e) Application.--An eligible entity desiring a grant or
cooperative agreement under this section shall submit an application to
the Administrator at such time, in such manner, and accompanied by such
information as the Administrator may require, including a description
of a plan to achieve fully collaborative agreements to provide services
to special populations and--
``(1) a document that summarizes the State-specific
policies that inhibit the provision of integrated care, and the
specific steps that will be taken to address such barriers,
such as through licensing and billing procedures; and
``(2) a plan to develop and share a de-identified patient
registry to track treatment implementation and clinical
outcomes to inform clinical interventions, patient education,
and engagement with merged or transformed integrated practices
in compliance with applicable national and State health
information privacy laws.
``(f) Grant Amounts.--The maximum annual grant amount under this
section shall be $2,000,000, of which not more than 10 percent may be
allocated to State administrative functions, and the remaining amounts
shall be allocated to health facilities that provide integrated care.
``(g) Duration.--A grant under this section shall be for a period
of 5 years.
``(h) Report on Program Outcomes.--An entity receiving a grant or
cooperative agreement under this section shall submit an annual report
to the Administrator that includes--
``(1) the progress to reduce barriers to integrated care,
including regulatory and billing barriers, as described in the
entity's application under subsection (d); and
``(2) a description of functional outcomes of special
populations, such as--
``(A) with respect to individuals with serious
mental illness, participation in supportive housing or
independent living programs, engagement in social or
education activities, participation in job training or
employment opportunities, attendance at scheduled
medical and mental health appointments, and compliance
with treatment plans;
``(B) with respect to individuals with co-occurring
mental illness and primary care conditions and chronic
diseases, attendance at scheduled medical and mental
health appointments, compliance with treatment plans,
and participation in learning opportunities related to
improved health and lifestyle practice; and
``(C) with respect to children and adolescents with
serious emotional disorders who have co-occurring
primary care conditions and chronic diseases,
attendance at scheduled medical and mental health
appointments, compliance with treatment plans, and
participation in learning opportunities at school and
extracurricular activities.
``(i) Technical Assistance Center for Primary-Behavioral Health
Care Integration.--
``(1) In general.--The Secretary shall establish a program
through which such Secretary shall provide appropriate
information, training, and technical assistance to eligible
entities that receive a grant or cooperative agreement under
this section, in order to help such entities to meet the
requirements of this section, including assistance with--
``(A) development and selection of integrated care
models;
``(B) dissemination of evidence-based interventions
in integrated care;
``(C) establishment of organizational practices to
support operational and administrative success; and
``(D) other activities, as the Secretary determines
appropriate.
``(2) Additional dissemination of technical information.--
The information and resources provided by the technical
assistance program established under paragraph (1) shall be
made available to States, political subdivisions of a State,
Indian tribes or tribal organizations (as defined in section 4
of the Indian Self-Determination and Education Assistance Act),
outpatient mental health and addiction treatment centers,
community mental health centers that meet the criteria under
section 1913(c), certified community behavioral health clinics
described in section 223 of the Protecting Access to Medicare
Act of 2014, primary care organizations such as Federally
qualified health centers or rural health centers, other
community-based organizations, or other entities engaging in
integrated care activities, as the Secretary determines
appropriate.
``(j) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $50,000,000 for each of fiscal
years 2017 through 2021, of which $2,000,000 shall be available to the
technical assistance program under subsection (i).''. | Behavioral Health Care Integration Act of 2016 This bill amends the Public Health Service Act to replace a Substance Abuse and Mental Health Services Administration (SAMHSA) program to support demonstration projects for providing integrated health care to certain patient populations with a program to support integration of primary and behavioral health care. The program must be designed to lead to full collaboration between primary care and behavioral health providers in the same facility to ensure support for individuals with mental illness and a physical condition or substance use disorder. Under the program, grants and cooperative agreements may be awarded to state departments of health, state mental health or addiction agencies, state Medicaid agencies, and health care providers and institutions. Recipients must report to SAMHSA on progress in reducing barriers to integrated care and outcomes for certain patient populations. | Behavioral Health Care Integration Act of 2016 |