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SECTION 1. AMENDMENTS.
The Energy Policy and Conservation Act is amended--
(1) in section 2 (42 U.S.C. 6201)--
(A) by inserting ``and'' at the end of paragraph
(6);
(B) by striking ``; and'' at the end of paragraph
(7) and inserting in lieu thereof a period; and
(C) by striking paragraph (8);
(2) in section 321 (42 U.S.C. 6291)--
(A) by striking ``or, with respect to showerheads,
faucets, water closets, and urinals, water'' in
paragraph (1)(A);
(B) by striking ``incandescent reflector lamps,
showerheads, faucets, water closets, and urinals'' in
paragraph (1) and inserting in lieu thereof ``and
incandescent reflector lamps'';
(C) by striking ``, or, in the case of showerheads,
faucets, water closets, and urinals, water use,'' in
paragraph (6)(A);
(D) by striking ``(15), (16), (17),'' in paragraph
(6)(B);
(E) by striking ``325(r)'' in paragraph (6) and
inserting in lieu thereof ``325(p)'';
(F) by striking ``, and in the case of showerheads,
faucets, water closets, and urinals, the aggregate
retail cost of water and wastewater treatment services
likely to be incurred annually,'' in paragraph (7);
(G) by inserting at the end of paragraph (30) the
following new subparagraph:
``(T) The term `ANSI' means the American National
Standards Institute.''; and
(H) by striking paragraph (31);
(3) in section 322(a) (42 U.S.C. 6292(a))--
(A) by striking paragraphs (15) through (18); and
(B) by redesignating paragraph (19) as paragraph
(15);
(4) in section 323 (42 U.S.C. 6293)--
(A) by striking ``water use (in the case of
showerheads, faucets, water closets, and urinals),'' in
subsection (b)(3);
(B) by striking ``or, in the case of showerheads,
faucets, water closets, or urinals, water use'' in
subsection (b)(4);
(C) by striking ``, or in the case of showerheads,
faucets, water closets, or urinals, representative
average unit costs of water and wastewater treatment
service resulting from the operation of such products
during such cycle'' in subsection (b)(4);
(D) by striking ``, water, and wastewater
treatment'' in subsection (b)(4);
(E) by striking paragraphs (7) and (8) of
subsection (b);
(F) by striking ``or, in the case of showerheads,
faucets, water closets, and urinals, water use'' in
subsection (c)(1);
(G) by striking ``or, in the case of showerheads,
faucets, water closets, and urinals, water use'' in
subsection (c)(2);
(H) by striking ``, measured energy use, or
measured water use'' in subsection (e)(1) and inserting
in lieu thereof ``or measured energy use''; and
(I) by striking ``, energy use, or water use'' each
place it appears in paragraphs (2) and (3) of
subsection (e) and inserting in lieu thereof ``or
energy use'';
(5) in section 324 (42 U.S.C. 6294)--
(A) by striking ``325(j)'' in subsection
(a)(2)(C)(ii) and inserting in lieu thereof ``325(i)'';
(B) by striking subparagraphs (D) and (E) of
subsection (a)(2);
(C) by striking ``(19)'' each place it appears in
subsection (a)(3) and subsection (b) and inserting in
lieu thereof ``(15)'';
(D) by striking ``paragraphs (15) through'' in
subsection (b)(1)(B) and inserting in lieu thereof
``paragraph'';
(E) by striking ``(13), (14), (15), (16), (17), and
(18)'' in subsection (c)(7) and inserting in lieu
thereof ``(13) and (14)''; and
(F) by striking paragraph (8) of subsection (c);
(6) in section 325 (42 U.S.C. 6295)--
(A) by striking ``325(n)(1)'' in subsection
(i)(6)(B) and inserting in lieu thereof ``325(l)(1)'';
(B) by striking subsections (j) and (k);
(C) by redesignating subsections (l) through (t) as
subsections (j) through (r), respectively;
(D) by striking ``(19)'' in paragraphs (1) and (2)
of subsection (j), as so redesignated by subparagraph
(C) of this paragraph, and inserting in lieu thereof
``(15)'';
(E) by striking ``(o) and (p)'' in subsection
(j)(1), as so redesignated by subparagraph (C) of this
paragraph, and inserting in lieu thereof ``(m) and
(n)'';
(F) by striking ``(o) and (p)'' in subsection
(j)(3), as so redesignated by subparagraph (C) of this
paragraph, and inserting in lieu thereof ``(m) and
(n)'';
(G) by striking ``(o)(2)(B)(i)(II)'' in subsection
(l)(2)(C), as so redesignated by subparagraph (C) of
this paragraph, and inserting in lieu thereof
``(m)(2)(B)(i)(II)'';
(H) by striking ``or, in the case of showerheads,
faucets, water closets, or urinals, water use,'' in
subsection (m)(1), as so redesignated by subparagraph
(C) of this paragraph;
(I) by striking ``, or, in the case of showerheads,
faucets, water closets, or urinals, water efficiency,''
in subsection (m)(2)(A), as so redesignated by
subparagraph (C) of this paragraph;
(J) by striking ``, or as applicable, water,'' in
subsection (m)(2)(B)(i)(III), as so redesignated by
subparagraph (C) of this paragraph;
(K) by striking ``and water'' in subsection
(m)(2)(B)(i)(VI), as so redesignated by subparagraph
(C) of this paragraph;
(L) by striking ``, and as applicable, water,'' in
subsection (m)(2)(B)(iii), as so redesignated by
subparagraph (C) of this paragraph;
(M) by striking ``, in the case of showerheads,
faucets, water closets, or urinals, water, or'' in
subsection (m)(3)(B), as so redesignated by
subparagraph (C) of this paragraph; and
(N) by striking ``(o)'' both places it appears in
subsection (n)(3)(A), as so redesignated by
subparagraph (C) of this paragraph, and inserting in
lieu thereof ``(m)'';
(7) in section 326 (42 U.S.C. 6296)--
(A) by striking ``or water use'' in subsection
(b)(4); and
(B) by striking ``, energy use, or, in the case of
showerheads, faucets, water closets, and urinals, water
use'' in subsection (d)(1) and inserting in lieu
thereof ``or energy use'';
(8) in section 327 (42 U.S.C. 6297)--
(A) by striking ``consumption or water use'' in
subsection (a)(1) and inserting in lieu thereof
``consumption'';
(B) by striking ``, water use,'' in subsection
(a)(1)(A);
(C) by striking ``, energy efficiency, or water
use'' each place it appears in subsection (a)(1)(B),
subsection (b), subsection (c), and subsection
(d)(1)(A), and inserting in lieu thereof ``or energy
efficiency'';
(D) by amending paragraph (2) of subsection (a) to
read as follows:
``(2) For purposes of this section, the term `State regulation'
means a law, regulation, or other requirement of a State or its
political subdivisions.'';
(E) by striking ``flow rate requirements for
showerheads or faucets, or water use requirements for
water closets or urinals,'' in subsection (b)(1);
(F) by striking ``, or is a regulation (or portion
thereof) regulating showerheads'' and all that follows
through ``325(k) is applicable'' in subsection (b)(4);
(G) by inserting ``or'' at the end of paragraph (5)
of subsection (b);
(H) by striking ``; or'' at the end of paragraph
(6) of subsection (b) and inserting in lieu thereof a
period;
(I) by striking paragraph (7) of subsection (b);
(J) by striking ``subparagraphs (B) and (C) of
section 325(j)(3), and subparagraphs (B) and (C) of
section 325(k)(3)'' in subsection (c);
(K) by inserting ``or'' at the end of paragraph (2)
of subsection (c);
(L) by striking the semicolon at the end of
paragraph (3) of subsection (c) and inserting in lieu
thereof a period;
(M) by striking paragraphs (4), (5), and (6) of
subsection (c);
(N) by striking ``or river basin commission'' each
place it appears in subsection (d)(1)(A) and (B);
(O) by striking ``or water'' each place it appears
in subsection (d)(1)(B) and (C);
(P) by striking ``, and, with respect to a State''
and all that follows through ``water supply
development'' in subsection (d)(1)(C);
(Q) by striking ``or, if the State'' and all that
follows through ``emergency condition,'' in subsection
(d)(5)(B)(i);
(R) by striking ``or, in the case of a water
emergency condition, water or wastewater treatment,''
in subsection (d)(5)(B)(i)(I); and
(S) by striking ``or, in the case of a water
emergency condition, by the importation of water,'' in
subsection (d)(5)(B)(i)(II);
(9) in section 336(c)(2) (42 U.S.C. 6306(c)(2)), by
striking ``325(k)'' and inserting in lieu thereof ``325(l)'';
and
(10) in section 337 (42 U.S.C. 6307)--
(A) by striking ``(a) In General.--''; and
(B) by striking subsection (b). | Amends the Energy Policy and Conservation Act of 1992 to repeal restrictions on certain plumbing products and appliances, including showerheads, faucets, water closets, and urinals. | To amend the Energy Policy and Conservation Act to eliminate certain regulation of plumbing supplies. |
<greek-th> x <greek-th> x
SECTION 1. SHORT TITLE. <greek-th> x
This Act may be cited as the ``National Commission on the
Modernization of the United Nations Act of 2003''.<greek-th> x
SEC. 2. ESTABLISHMENT. <greek-th> x
There is established a commission to be known as the ``National
Commission on the Modernization of the United Nations''.<greek-th> x
SEC. 3. DUTIES OF THE COMMISSION. <greek-th> x
(a) In General.--The Commission shall--<greek-th> x
(1) conduct a study of the areas specified in this
section;<greek-th> x
(2) recommend reforms with respect to such areas;
and<greek-th> x
(3) enumerate methods to implement each
recommendation.<greek-th> x
(b) Study of Extent of Modernization Within Confines of Present
Charter.--The Commission shall--<greek-th> x
(1) study the requirements for and extent to which a
modernization of the organizational structure and practices of
the United Nations can be effectuated that do not require
substantive changes to be made to the Charter of the United
Nations; and<greek-th> x
(2) make recommendations to implement such a
modernization.<greek-th> x
(c) Study of Extent of Modernization Requiring Modifications to
Present Charter.--The Commission shall--<greek-th> x
(1) study the requirements for and extent to which a
modernization of the organizational structure and practices of
the United Nations can only be effectuated by requiring
substantive changes to be made to the Charter, paying
particular attention to the areas of study enumerated in
subsections (d) through (i); and<greek-th> x
(2) make recommendations to implement such a
modernization.<greek-th> x
(d) Study of Member State Principles.--The Commission shall study
the principles to which states should adhere as members of the United
Nations, paying particular attention to the following:<greek-th> x
(1) Whether states that espouse and enforce values that are
counter to the Charter should be permitted to be members of the
United Nations.<greek-th> x
(2) What recourse should be available to the United Nations
to respond to a member state that has engaged in conduct
counter to the Charter.<greek-th> x
(3) What conduct on the part of a member state would
constitute sufficient grounds for--<greek-th> x
(A) expulsion;<greek-th> x
(B) condemnation; or<greek-th> x
(C) sanction.<greek-th> x
(e) Study of Member State Status.--The Commission shall study the
feasibility of mandating the following requirements of member
states:<greek-th> x
(1) Requirement of regular review by the United Nations of
the status of all member states to determine if member states
continue to adhere to the principles outlined in the
Charter.<greek-th> x
(2) Requirement for member states to--<greek-th> x
(A) sign a ``Declaration of Member States''
declaring that the signatory state agrees to adhere to
the principles of United Nations membership;
and<greek-th> x
(B) review the principles of the United Nations to
determine whether the state should withdraw from
membership if the state determines that the United
Nations is not adhering to the implementation of the
Charter.<greek-th> x
(f) Study of Proportional Representation on Principal Organs.--The
Commission shall study the following:<greek-th> x
(1) Whether all states should have one vote in the General
Assembly.<greek-th> x
(2) Whether the United Nations should be structured in a
bi-cameral fashion.<greek-th> x
(g) Study of Organizational and Business Functions.--The Commission
shall study the following:<greek-th> x
(1) Whether auxiliary commissions and organizations of the
United Nations should be funded by member dues.<greek-th> x
(2) Whether such commissions and organizations detract from
the Charter principles by draining resources away from the
primary functions of the United Nations.<greek-th> x
(3) Whether member states can create caucuses and fund them
to deal with matters of common interest without detracting from
the main objectives of the United Nations.<greek-th> x
(h) Study of Use, Structure, and Goals of Peacekeeping and
Humanitarian Efforts.--The Commission shall study the
following:<greek-th> x
(1) Whether the United Nations should maintain a separate
peacekeeping force.<greek-th> x
(2) Identification of successes of past peacekeeping and
humanitarian efforts.<greek-th> x
(i) Study of Enforcement of Resolutions.--The Commission shall
study the credibility of resolutions when the United Nations does not
mandate their absolute obedience.<greek-th> x
SEC. 4. MEMBERSHIP. <greek-th> x
(a) Number and Appointment.--The Commission shall be composed of 9
members appointed from among persons who are not officers or employees
of any government, as follows:<greek-th> x
(1) Two members appointed by the President.<greek-th> x
(2) Two members appointed by the Speaker of the House of
Representatives.<greek-th> x
(3) Two members appointed by the Majority Leader of the
Senate.<greek-th> x
(4) One member appointed by the Minority Leader of the
Senate.<greek-th> x
(5) One member appointed by the Minority Leader of the
House of Representatives.<greek-th> x
(6) One member appointed by the Secretary of
State<greek-th> x
(b) Terms of Office.--<greek-th> x
(1) In general.--Each member shall be appointed for the
life of the Commission.<greek-th> x
(2) Special rule.--A member who is appointed to the
Commission and who subsequently becomes an officer or employee
of any government may not continue as a member.<greek-th> x
(c) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.<greek-th> x
(d) Chairperson.--The Chairperson of the Commission shall be
elected by the members after consultation with the Speaker and minority
leader of the House of Representatives and the majority leader and
minority leader of the Senate. Pending such election, a provisional
Chairperson shall be designated by the President.<greek-th> x
(e) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.<greek-th> x
SEC. 5. DIRECTOR AND STAFF. <greek-th> x
(a) Director.--The Commission shall appoint a Director who shall be
paid at the rate of basic pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.<greek-th> x
(b) Staff.--<greek-th> x
(1) In general.--Subject to paragraph (2), the Director,
with the approval of the Commission, may appoint and fix the
pay of additional personnel.<greek-th> x
(2) Applicability of certain civil service laws.--The
Director may make such appointments subject to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and any personnel so appointed shall be
paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.<greek-th> x
(c) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this
Act.<greek-th> x
(d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties under
this Act.<greek-th> x
SEC. 6. POWERS OF COMMISSION. <greek-th> x
(a) Meetings.--<greek-th> x
(1) In general.--The Commission shall meet at the call of
the Chairperson.<greek-th> x
(2) Quorum.--A majority of the members of the Commission
shall constitute a quorum but a lesser number may hold
hearings.<greek-th> x
(b) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Commission, the head of that department or agency shall furnish that
information to the Commission.<greek-th> x
(c) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.<greek-th> x
SEC. 7. REPORTS. <greek-th> x
(a) Interim Report.--Within 6 months after the date of the
enactment of this Act, the Commission shall submit to Congress an
interim report on the activities of the Commission under this
Act.<greek-th> x
(b) Final Report.--Not later than 12 months after the date of the
enactment of this Act, the Commission shall submit to Congress a final
report containing a statement of the findings, conclusions, and
recommendations of the Commission.<greek-th> x
SEC. 8. TERMINATION. <greek-th> x
The Commission shall terminate 15 days after submission of its
final report under section 7(b).<greek-th> x
SEC. 9. DEFINITIONS. <greek-th> x
In this Act:<greek-th> x
(1) Charter.--The term ``Charter'' means the Charter of the
United Nations.<greek-th> x
(2) Commission.--The term ``Commission'' means the National
Commission on the Modernization of the United
Nations.<greek-th> x
(3) Member.--The term ``member'' means a member of the
Commission.<greek-th> x <greek-th> x
08 x | National Commission on the Modernization of the United Nations Act of 2003 - Establishes the National Commission on the Modernization of the United Nations to study: (1) the extent of modernization of the organizational structure and practices of the United Nations (UN) that can be effectuated with and without changes to its Charter; (2) the principles to which member states should adhere and the consequences of a state espousing and enforcing values counter to the Charter; (3) the feasibility of mandating each member state to agree to adhere to the principles of UN membership, and to review the principles of the UN to determine whether the state should withdraw if the UN is not adhering to the Charter; (4) whether all states should have one vote in the General Assembly and whether the UN should be structured in a bicameral fashion; (5) whether auxiliary commissions and organizations of the UN should be funded by member dues, whether such entities drain resources away from the primary function of the UN, or whether member states can create and fund caucuses to deal with matters of common interest; (6) whether the UN should have a separate peacekeeping force, while identifying successes of past peacekeeping and humanitarian efforts; and (7) the credibility of resolutions when the UN does not mandate absolute obedience. | To establish the National Commission on the Modernization of the United Nations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bangladeshi Adjustment Act''.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF BANGLADESH.
(a) Adjustment of Status.--
(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Attorney General to
that of an alien lawfully admitted for permanent residence, if
the alien--
(A) applies for such adjustment before July 1,
2000; and
(B) is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
shall not apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition of submitting or granting such
application, to file a separate motion to reopen, reconsider,
or vacate such order. If the Attorney General grants the
application, the Attorney General shall cancel the order. If
the Attorney General renders a final administrative decision to
deny the application, the order shall be effective and
enforceable to the same extent as if the application had not
been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided by subsection (a)
shall apply to any alien who is a national of Bangladesh and
who has been physically present in the United States for a
continuous period, beginning not later than January 1, 1987,
and ending not earlier than the date the application for
adjustment under such subsection is filed, except an alien
shall not be considered to have failed to maintain continuous
physical presence by reason of an absence, or absences, from
the United States for any periods in the aggregate not
exceeding 180 days.
(2) Proof of commencement of continuous presence.--For
purposes of establishing that the period of continuous physical
presence referred to in paragraph (1) commenced not later than
January 1, 1987, an alien--
(A) shall demonstrate that the alien, prior to
January 1, 1987--
(i) performed service, or engaged in a
trade or business, within the United States
which is evidenced by records maintained by the
Commissioner of Social Security; or
(ii) applied for any benefit under the
Immigration and Nationality Act by means of an
application establishing the alien's presence
in the United States prior to January 1, 1987;
or
(B) shall make such other demonstration of physical
presence as the Attorney General may provide for by
regulation.
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal to seek a stay of such order based on the filing of
an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and has applied for
adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the
alien with an ``employment authorized'' endorsement or other
appropriate document signifying authorization of employment,
except that if such application is pending for a period
exceeding 180 days, and has not been denied, the Attorney
General shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--The status of an alien shall be adjusted
by the Attorney General to that of an alien lawfully admitted
for permanent residence, if--
(A) the alien is a national of Bangladesh;
(B) the alien is the spouse, child, or unmarried
son or daughter, of an alien whose status is adjusted
to that of an alien lawfully admitted for permanent
residence under subsection (a), except that in the case
of such an unmarried son or daughter, the son or
daughter shall be required to establish that they have
been physically present in the United States for a
continuous period, beginning not later than January 1,
1987, and ending not earlier than the date the
application for adjustment under this subsection is
filed;
(C) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed;
(D) the alien is otherwise admissible to the United
States for permanent residence, except in determining
such admissibility the grounds for exclusion specified
in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act
shall not apply; and
(E) applies for such adjustment before July 1,
2000.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(B), an alien--
(A) shall demonstrate that such period commenced
not later than January 1, 1987, in a manner consistent
with subsection (b)(2); and
(B) shall not be considered to have failed to
maintain continuous physical presence by reason of an
absence, or absences, from the United States for any
period in the aggregate not exceeding 180 days.
(e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this section is final and shall not be subject to review by any court.
(g) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this section. Nothing contained in this
section shall be held to repeal, amend, alter, modify, affect, or
restrict the powers, duties, functions, or authority of the Attorney
General in the administration and enforcement of such Act or any other
law relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking such status under any other provision
of law for which the alien may be eligible. | Bangladeshi Adjustment Act - Requires the Attorney General to adjust to lawful permanent resident alien the status of any national of Bangladesh who has been physically present in the United States for a continuous period between January 1, 1987, and the date an application for adjustment is filed, if the alien: (1) applies for such adjustment before July 1, 2000; and (2) is otherwise admissible to the United States for permanent residence. States that, in the determination of such admissibility, certain grounds for inadmissibility in the Immigration and Nationality Act shall not apply. Allows an alien present in the United States to apply for such status adjustment even though he or she has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States. Requires the Attorney General to cancel the order if the application is granted; but if the application is denied by a final administrative decision, the order shall be effective and enforceable to the same extent as if the application had not been made.
Authorizes the Attorney General to: (1) allow an alien who has applied for adjustment of status to engage in employment in the United States during the pendency of such application; and (2) provide the alien with an "employment authorized" endorsement or other appropriate document. Requires the Attorney General to authorize such employment if such application is pending for a period exceeding 180 days, and has not been denied.
Provides for the adjustment of status for spouses and children of such aliens.
Outlines the availability of administrative review for applicants for adjustment of status as well as the preclusion of judicial review for final Attorney General determinations as to the adjustability of alien status. | Bangladeshi Adjustment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haiti Economic Recovery Opportunity
Act of 2004''.
SEC. 2. TRADE BENEFITS TO HAITI.
(a) In General.--The Caribbean Basin Economic Recovery Act (19
U.S.C. 2701 et seq.) is amended by inserting after section 213 the
following new section:
``SEC. 213A. SPECIAL RULE FOR HAITI.
``(a) In General.--In addition to any other preferential treatment
under this Act, beginning on October 1, 2003, and in each of the 7
succeeding 1-year periods, apparel articles described in subsection (b)
that are imported directly into the customs territory of the United
States from Haiti shall enter the United States free of duty, subject
to the limitations described in subsections (b) and (c), if Haiti has
satisfied the requirements set forth in subsection (d).
``(b) Apparel Articles Described.--Apparel articles described in
this subsection are apparel articles that are wholly assembled or knit-
to-shape in Haiti from any combination of fabrics, fabric components,
components knit-to-shape, and yarns without regard to the country of
origin of the fabrics, components, or yarns.
``(c) Preferential Treatment.--The preferential treatment described
in subsection (a), shall be extended--
``(1) during the 12-month period beginning on October 1,
2003, to a quantity of apparel articles that is equal to 1.5
percent of the aggregate square meter equivalents of all
apparel articles imported into the United States during the 12-
month period beginning October 1, 2002; and
``(2) during the 12-month period beginning on October 1 of
each succeeding year, to a quantity of apparel articles that is
equal to the product of--
``(A) the percentage applicable during the previous
12-month period plus 0.5 percent (but not over 3.5
percent); and
``(B) the aggregate square meter equivalents of all
apparel articles imported into the United States during
the 12-month period that ends on September 30 of that
year.
``(d) Eligibility Requirements.--Haiti shall be eligible for
preferential treatment under this section if the President determines
and certifies to Congress that Haiti--
``(1) has established, or is making continual progress
toward establishing--
``(A) a market-based economy that protects private
property rights, incorporates an open rules-based
trading system, and minimizes government interference
in the economy through measures such as price controls,
subsidies, and government ownership of economic assets;
``(B) the rule of law, political pluralism, and the
right to due process, a fair trial, and equal
protection under the law;
``(C) the elimination of barriers to United States
trade and investment, including by--
``(i) the provision of national treatment
and measures to create an environment conducive
to domestic and foreign investment;
``(ii) the protection of intellectual
property; and
``(iii) the resolution of bilateral trade
and investment disputes;
``(D) economic policies to reduce poverty, increase
the availability of health care and educational
opportunities, expand physical infrastructure, promote
the development of private enterprise, and encourage
the formation of capital markets through microcredit or
other programs;
``(E) a system to combat corruption and bribery,
such as signing and implementing the Convention on
Combating Bribery of Foreign Public Officials in
International Business Transactions; and
``(F) protection of internationally recognized
worker rights, including the right of association, the
right to organize and bargain collectively, a
prohibition on the use of any form of forced or
compulsory labor, a minimum age for the employment of
children, and acceptable conditions of work with
respect to minimum wages, hours of work, and
occupational safety and health;
``(2) does not engage in activities that undermine United
States national security or foreign policy interests; and
``(3) does not engage in gross violations of
internationally recognized human rights or provide support for
acts of international terrorism and cooperates in international
efforts to eliminate human rights violations and terrorist
activities.
``(e) Conditions Regarding Enforcement of Circumvention.--
``(1) In general.--The preferential treatment under
subsection (b) shall not apply unless the President certifies
to Congress that Haiti is meeting the following conditions:
``(A) Haiti has adopted an effective visa system,
domestic laws, and enforcement procedures applicable to
articles described in subsection (b) to prevent
unlawful transshipment of the articles and the use of
counterfeit documents relating to the importation of
the articles into the United States.
``(B) Haiti has enacted legislation or promulgated
regulations that would permit the Bureau of Customs and
Border Protection verification teams to have the access
necessary to investigate thoroughly allegations of
transshipment through such country.
``(C) Haiti agrees to report, on a timely basis, at
the request of the Bureau of Customs and Border
Protection, on the total exports from and imports into
that country of articles described in subsection (b),
consistent with the manner in which the records are
kept by Haiti.
``(D) Haiti agrees to cooperate fully with the
United States to address and take action necessary to
prevent circumvention.
``(E) Haiti agrees to require all producers and
exporters of articles described in subsection (b) in
that country to maintain complete records of the
production and the export of the articles, including
materials used in the production, for at least 2 years
after the production or export (as the case may be).
``(F) Haiti agrees to report, on a timely basis, at
the request of the Bureau of Customs and Border
Protection, documentation establishing the country of
origin of articles described in subsection (b) as used
by that country in implementing an effective visa
system.
``(2) Definitions.--In this subsection:
``(A) Circumvention.--The term `circumvention'
means any action involving the provision of a false
declaration or false information for the purpose of, or
with the effect of, violating or evading existing
customs, country of origin labeling, or trade laws of
the United States or Haiti relating to imports of
textile and apparel goods, if such action results--
``(i) in the avoidance of tariffs, quotas,
embargoes, prohibitions, restrictions, trade
remedies, including antidumping or
countervailing duties, or safeguard measures;
or
``(ii) in obtaining preferential tariff
treatment.
``(B) Transshipment.--The term `transshipment' has
the meaning given such term under section
213(b)(2)(D)(iii).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after October 1, 2003.
(2) Retroactive application to certain entries.--
Notwithstanding section 514 of the Tariff Act of 1930 (19
U.S.C. 1514) or any other provision of law, upon proper request
filed with the United States Customs Service before the 90th
day after the date of the enactment of this Act, any entry or
withdrawal from warehouse for consumption, of any goods
described in the amendment made by subsection (a)--
(A) that was made on or after October 1, 2003, and
before the date of the enactment of this Act, and
(B) with respect to which there would have been no
duty if the amendment made by subsection (a) applied to
such entry or withdrawal, shall be liquidated or
reliquidated as though such amendment applied to such
entry or withdrawal. | Haiti Economic Recovery Opportunity Act of 2004 - Amends the Caribbean Basin Economic Recovery Act to provide, beginning on October 1, 2003, and for each of the seven succeeding one-year periods, duty-free treatment for apparel items wholly assembled or knit-to-shape in Haiti (without regard to the country of origin of the fabrics, components, or yarns) if the President certifies to Congress that Haiti: (1) has established or is progressing toward specified political, economic, and social reforms; (2) does not engage in activities that undermine U.S. security or foreign policy; (3) does not engage in gross violations of human rights or activities in support of international terrorism; and (4) is meeting specified enforcement conditions aimed at preventing tariff or quota avoidance, customs evasion, unlawful transshipment, or false information or false document use in order to obtain such preferential treatment.
Applies such provisions to goods entered or withdrawn from a warehouse for consumption on or after October 1, 2003, including a retroactive application to certain warehouse entries or withdrawals made between such date and the date of enactment of this Act. | To expand certain preferential trade treatment for Haiti. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Fairness in Reimbursement
Act of 2000''.
SEC. 2. IMPROVING FAIRNESS OF PAYMENTS UNDER THE MEDICARE FEE-FOR-
SERVICE PROGRAM.
(a) Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
is amended by adding at the end the following new sections:
``improving fairness of payments under the original medicare fee-for-
service program
``Sec. 1897. (a) Establishment of System.--Notwithstanding any
other provision of law, the Secretary shall establish a system for
making adjustments to the amount of payment made to entities and
individuals for items and services provided under the original medicare
fee-for-service program under parts A and B.
``(b) System Requirements.--
``(1) Adjustments.--Under the system described in
subsection (a), the Secretary (beginning in 2001) shall make
the following adjustments:
``(A) Certain states above national average.--If a
State average per beneficiary amount for a year is
greater than 105 percent (or 110 percent in the case of
the determination made in 2000) of the national average
per beneficiary amount for such year, then the
Secretary shall reduce the amount of applicable
payments in such a manner as will result (as estimated
by the Secretary) in the State average per beneficiary
amount for the subsequent year being at 105 percent (or
110 percent in the case of payments made in 2001) of
the national average per beneficiary amount for such
subsequent year.
``(B) Certain states below national average.--If a
State average per beneficiary amount for a year is less
than 95 percent (or 90 percent in the case of the
determination made in 2000) of the national average per
beneficiary amount for such year, then the Secretary
shall increase the amount of applicable payments in
such a manner as will result (as estimated by the
Secretary) in the State average per beneficiary amount
for the subsequent year being at 95 percent (or 90
percent in the case of payments made in 2001) of the
national average per beneficiary amount for such
subsequent year.
``(2) Determination of averages.--
``(A) State average per beneficiary amount.--Each
year (beginning in 2000), the Secretary shall determine
a State average per beneficiary amount for each State
which shall be equal to the Secretary's estimate of the
average amount of expenditures under the original
medicare fee-for-service program under parts A and B
for the year for a beneficiary enrolled under such
parts that resides in the State
``(B) National average per beneficiary amount.--
Each year (beginning in 2000), the Secretary shall
determine the national average per beneficiary amount
which shall be equal to the average of the State
average per beneficiary amounts determined under
subparagraph (B) for the year.
``(3) Definitions.--In this section:
``(A) Applicable payments.--The term `applicable
payments' means payments made to entities and
individuals for items and services provided under the
original medicare fee-for-service program under parts A
and B to beneficiaries enrolled under such parts that
reside in the State.
``(B) State.--The term `State' has the meaning
given such term in section 210(h).
``(c) Beneficiaries Held Harmless.--The provisions of this section
shall not effect--
``(1) the entitlement to items and services of a
beneficiary under this title, including the scope of such items
and services; or
``(2) any liability of the beneficiary with respect to such
items and services.
``(d) Regulations.--
``(1) In general.--The Secretary, in consultation with the
Medicare Payment Advisory Commission, shall promulgate
regulations to carry out this section.
``(2) Protecting rural communities.--In promulgating the
regulations pursuant to paragraph (1), the Secretary shall give
special consideration to rural areas.
``(e) Budget Neutrality.--The Secretary shall ensure that the
provisions contained in this section do not cause the estimated amount
of expenditures under this title for a year to increase or decrease
from the estimated amount of expenditures under this title that would
have been made in such year if this section had not been enacted.
``improvements in collection and use of hospital wage data
``Sec. 1898. (a) Collection of Data.--
``(1) In general.--The Secretary shall establish procedures
for improving the methods used by the Secretary to collect data
on employee compensation and paid hours of employment for
hospital employees by occupational category.
``(2) Timeframe.--The Secretary shall implement the
procedures described in paragraph (1) by not later than 180
days after the date of enactment of the Rural Health Protection
and Improvement Act of 2000.
``(b) Adjustment to Hospital Wage Level.--By not later than 1 year
after the date of enactment of the Rural Health Protection and
Improvement Act of 2000, the Secretary shall make necessary revisions
to the methods used to adjust payments to hospitals for different area
wage levels under section 1886(d)(3)(E) to ensure that such methods
take into account the data described in subsection (a)(1).
``(c) Limitation.--To the extent possible, in making the revisions
described in subsection (b), the Secretary shall ensure that current
rules regarding which hospital employees are included in, or excluded
from, the determination of the hospital wage levels are not effected by
such revisions.
``(d) Budget Neutrality.--The Secretary shall ensure that any
revisions made under subsection (b) do not cause the estimated amount
of expenditures under this title for a year to increase or decrease
from the estimated amount of expenditures under this title that would
have been made in such year if the Secretary had not made such
revisions.''. | Requires the Secretary to: (1) establish procedures for improving methods to collect wage and hour data on hospital employees by occupational category; and (2) revise the methods used to adjust payments to hospitals for different area wage levels to ensure that such data are taken into account. | Medicare Fairness in Reimbursement Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Agency Customer Experience
Act of 2017''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds that--
(1) the Federal Government serves the people of the United
States and should seek to continually improve public services
provided by the Federal Government based on customer feedback;
(2) the people of the United States deserve a Federal
Government that provides efficient, effective, and high-quality
services across multiple channels;
(3) many agencies, offices, programs, and Federal employees
provide excellent service to individuals, however many parts of
the Federal Government still fall short on delivering the
customer service experience that individuals have come to
expect from the private sector;
(4) according to the 2016 American Customer Satisfaction
Index, the Federal Government ranks among the bottom of all
industries in the United States in customer satisfaction;
(5) providing quality services to individuals improves the
confidence of the people of the United States in their
government and helps agencies achieve greater impact and
fulfill their missions; and
(6) improving service to individuals requires agencies to
work across organizational boundaries, leverage technology,
collect and share standardized data, and develop customer-
centered mindsets and service strategies.
(b) Sense of Congress.--It is the sense of Congress that all
agencies should strive to provide high-quality, courteous, effective,
and efficient services to the people of the United States and seek to
measure, collect, report, and utilize metrics relating to the
experience of individuals interacting with agencies to continually
improve services to the people of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(3) Covered agency.--The term ``covered agency'' means an
agency or component of an agency that is required by the
Director to collect voluntary feedback for purposes of section
6, based on an assessment of the components and programs of the
agency with the highest impact on or number of interactions
with individuals or entities.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(5) Voluntary feedback.--The term ``voluntary feedback''
has the meaning given the term in section 3502 of title 44,
United States Code, as added by section 4 of this Act.
SEC. 4. APPLICATION OF THE PAPERWORK REDUCTION ACT TO COLLECTION OF
VOLUNTARY FEEDBACK.
Subchapter I of chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act''), is amended--
(1) in section 3502--
(A) in paragraph (13)(D), by striking ``and'' at
the end;
(B) in paragraph (14), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(15) the term `voluntary feedback' means any submission
of information, opinion, or concern that is--
``(A) voluntarily made by a specific individual or
other entity relating to a particular service of or
transaction with an agency; and
``(B) specifically solicited by that agency.''; and
(2) in section 3518(c)(1)--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) by an agency that is voluntary feedback.''.
SEC. 5. GUIDELINES FOR VOLUNTARY FEEDBACK.
Each agency that solicits voluntary feedback shall ensure that--
(1) responses to the solicitation of voluntary feedback
remain anonymous and shall not be traced to specific
individuals or entities;
(2) individuals and entities who decline to participate in
the solicitation of voluntary feedback shall not be treated
differently by the agency for purposes of providing services or
information;
(3) the solicitation does not include more than 10
questions;
(4) the voluntary nature of the solicitation is clear;
(5) the proposed solicitation of voluntary feedback will
contribute to improved customer service;
(6) solicitations of voluntary feedback are limited to 1
solicitation per interaction with an individual or entity;
(7) to the extent practicable, the solicitation of
voluntary feedback is made at the point of service with an
individual or entity;
(8) instruments for collecting voluntary feedback are
accessible to individuals with disabilities in accordance with
section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d);
and
(9) internal agency data governance policies remain in
effect with respect to the collection of voluntary feedback
from individuals and entities.
SEC. 6. CUSTOMER EXPERIENCE DATA COLLECTION.
(a) Collection of Responses.--The head of each covered agency (or a
designee), assisted by and in coordination with the Performance
Improvement Officer or other senior accountable official for customer
service of the covered agency, shall collect voluntary feedback with
respect to services of or transactions with the covered agency.
(b) Content of Questions.--
(1) Standardized questions.--The Director, in coordination
with the Administrator, shall develop a set of standardized
questions for use by covered agencies in collecting voluntary
feedback under this section that address--
(A) overall satisfaction of individuals or entities
with the specific interaction or service received;
(B) the extent to which individuals or entities
were able to accomplish their intended task or purpose;
(C) whether the individual or entity was treated
with respect and professionalism;
(D) whether the individual or entity believes they
were served in a timely manner; and
(E) any additional metrics as determined by the
Director, in coordination with the Administrator.
(2) Additional questions.--In addition to the questions
developed under paragraph (1), the Performance Improvement
Officer or other senior accountable official for customer
service at a covered agency may develop questions relevant to
the specific operations or programs of the covered agency.
(c) Additional Requirements.--To the extent practicable--
(1) each covered agency shall collect voluntary feedback
across all platforms or channels through which the covered
agency interacts with individuals or other entities to deliver
information or services; and
(2) voluntary feedback collected under this section shall
be tied to specific transactions or interactions with customers
of the covered agency.
(d) Reports.--
(1) Annual report to the director.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and not less frequently
than annually thereafter, each covered agency shall
publish on the website of the covered agency and submit
to the Director, in a manner determined by the
Director, a report that includes the voluntary feedback
required to be collected under this section.
(B) Centralized website.--The Director shall--
(i) include and maintain on a publicly
available website links to the information
provided on the websites of covered agencies
under subparagraph (A); and
(ii) for purposes of clause (i), establish
a website or make use of an existing website,
such as the website required under section 1122
of title 31, United States Code.
(2) Aggregated report.--Each covered agency shall publish,
on a regular basis, an aggregated report on the solicitation of
voluntary feedback sent to individuals or entities, which shall
include--
(A) the intended purpose of each solicitation of
voluntary feedback conducted by the covered agency;
(B) the appropriate point of contact within each
covered agency for each solicitation of voluntary
feedback conducted;
(C) the questions or survey instrument submitted to
members of the public as part of the solicitation of
voluntary information; and
(D) a description of how the covered agency uses
the voluntary feedback received by the covered agency
to improve the customer service of the covered agency.
SEC. 7. CUSTOMER EXPERIENCE SCORECARD REPORT.
(a) In General.--Not later than 15 months after the date on which
all covered agencies have submitted the first annual reports to the
Director required under section 6(d)(1), and every 2 years thereafter
until the date that is 10 years after such date, the Comptroller
General of the United States shall make publicly available and submit
to the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government Reform of the
House of Representatives a scorecard report assessing the data
collected and reported by the covered agencies.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a summary of the information required to be published
by covered agencies under section 6(d); and
(2) a description of how each covered agency will use the
voluntary feedback received by the covered agency to improve
service delivery.
Passed the Senate November 7, 2017.
Attest:
JULIE E. ADAMS,
Secretary. | Federal Agency Customer Experience Act of 2017 (Sec. 2) This bill expresses the sense of Congress that all agencies should strive to provide high-quality, courteous, effective, and efficient services and seek to measure, collect, report, and utilize metrics relating to the experience of persons interacting with them to continually improve services. (Sec. 4) The bill amends the Paperwork Reduction Act to exempt the collection of information by an agency that is voluntary feedback from the agency's authority to prescribe policies, rules, regulations, and procedures for federal information resources management activities. "Voluntary feedback" is defined as any submission of information, opinion, or concern voluntarily made by a specific person relating to a particular service of or transaction with an agency that is specifically solicited by that agency. (Sec. 5) Each agency that solicits voluntary feedback shall, among other things, ensure that: responses to the solicitation remain anonymous, person who decline to participate shall not be treated differently by the agency for purposes of providing services or information, the voluntary nature of the solicitation is clear, and the proposed solicitation of voluntary feedback will contribute to improved customer service. (Sec. 6) Each agency shall collect voluntary feedback with respect to its services and transactions. The Office of Management and Budget (OMB), in coordination with the General Services Administration, shall develop a set of standardized questions for use by agencies in collecting feedback, which shall address: overall satisfaction of persons with the specific interaction or service received, the extent to which such persons were able to accomplish their intended purpose, whether such persons were treated with respect and professionalism, and whether such persons believe they were served in a timely manner. Each agency shall: (1) collect voluntary feedback across all platforms or channels through which it interacts with persons to deliver information or services, (2) publish on its website and submit to the OMB a report that includes the voluntary feedback required to be collected, and (3) regularly publish an aggregated report on the solicitation of voluntary feedback. The OMB shall maintain on a publicly available website links to the information provided on the agency websites. (Sec. 7) The Government Accountability Office shall, by 15 months after the date on which all agencies have submitted the first annual reports and every 2 years thereafter until 10 years after such date, make publicly available and submit to Congress a scorecard report assessing the data collected and reported by the agencies. | Federal Agency Customer Experience Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayers Right-To-Know Act''.
SEC. 2. COST AND PERFORMANCE OF GOVERNMENT PROGRAMS.
(a) Amendment.--Section 1122(a) of title 31, United States Code, is
amended by adding at the end the following:
``(3) Additional information.--
``(A) In general.--Information for each program
described under paragraph (1) shall include the
following to be updated not less than annually:
``(i) The total administrative cost of the
program for the previous fiscal year.
``(ii) The expenditures for services for
the program for the previous fiscal year.
``(iii) An estimate of the number of
clients served by the program and beneficiaries
who received assistance under the program (if
applicable) for the previous fiscal year.
``(iv) An estimate of, for the previous
fiscal year--
``(I) the number of full-time
Federal employees who administer the
program; and
``(II) the number of full-time
employees whose salary is paid in part
or full by the Federal Government
through a grant or contract, a subaward
of a grant or contract, a cooperative
agreement, or another form of financial
award or assistance who administer or
assist in administering the program.
``(v) An identification of the specific
statute that authorizes the program, including
whether such authorization is expired.
``(vi) Any finding of duplication or
overlap identified by internal review, an
Inspector General, the Government
Accountability Office, or other report to the
agency about the program.
``(vii) Any program performance reviews
(including program performance reports required
under section 1116).
``(B) Definitions.--In this paragraph:
``(i) Administrative cost.--The term
`administrative cost' has the meaning as
determined by the Director of the Office of
Management and Budget under section 504(b)(2)
of Public Law 111-85 (31 U.S.C. 1105 note),
except the term shall also include, for
purposes of that section and this paragraph,
with respect to an agency--
``(I) costs incurred by the agency
as well as costs incurred by grantees,
subgrantees, and other recipients of
funds from a grant program or other
program administered by the agency; and
``(II) expenses related to
personnel salaries and benefits,
property management, travel, program
management, promotion, reviews and
audits, case management, and
communication about, promotion of, and
outreach for programs and program
activities administered by the agency.
``(ii) Services.--The term `services' has
the meaning provided by the Director of the
Office of Management and Budget and shall be
limited to only activities, assistance, and aid
that provide a direct benefit to a recipient,
such as the provision of medical care,
assistance for housing or tuition, or financial
support (including grants and loans).''.
(b) Expired Grant Funding.--Not later than February 1 of each
fiscal year, the Director of the Office of Management and Budget shall
publish on the public website of the Office of Management and Budget
the total amount of undisbursed grant funding remaining in grant
accounts for which the period of availability to the grantee has
expired.
SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE REQUIREMENTS RELATING TO
IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF
DUPLICATIVE GOVERNMENT PROGRAMS.
Section 21 of the Statutory Pay-As-You-Go Act of 2010 (31 U.S.C.
712 note) is amended by inserting ``(a)'' before the first sentence and
by adding at the end the following:
``(b) The Comptroller General shall maintain and provide regular
updates, on not less than an annual basis to a publicly available
website that tracks the status of responses by Departments and the
Congress to suggested actions that the Comptroller General has
previously identified in annual reports under subsection (a). The
status of these suggested actions shall be tracked for an appropriate
period to be determined by the Comptroller General. The requirements of
this subsection shall apply during the effective period of subsection
(a).''.
SEC. 4. CLASSIFIED INFORMATION.
Nothing in this Act shall, or the amendments made by this Act, be
construed to require the disclosure of classified information.
SEC. 5. REGULATIONS AND IMPLEMENTATION.
(a) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall prescribe regulations to implement this Act, and the
amendments made by this Act.
(b) Implementation.--This Act, and the amendments made by this Act,
shall be implemented not later than one year after the date of the
enactment of this Act.
(c) No Additional Funds Authorized.--No additional funds are
authorized to carry out the requirements of this Act, or the amendments
made by this Act.
Passed the House of Representatives February 25, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Taxpayers Right-To-Know Act - (Sec. 2) Sets forth additional information relating to a federal program that the Office of Management and Budget (OMB) is required to include on its website and update at least annually, including: (1) the total administrative cost of the program and the expenditures for services for the program for the previous fiscal year; (2) an estimate of the number of clients served by the program and beneficiaries who received assistance under the program for the previous fiscal year; (3) an estimate, for the previous fiscal year, of the number of full-time federal employees who administer the program and the number of full-time employees whose salary is paid in part or in full by the federal government through a grant or contract or other form of financial assistance; (4) an identification of the specific statute that authorizes the program and whether such authorization is expired; (5) any finding of duplication or overlap; and (6) any program performance reviews for such program. Requires the OMB Director, not later than February 1 of each fiscal year, to publish on the OMB website the total amount of undisbursed grant funding remaining in grant accounts for which the period of availability to the grantee has expired. (Sec. 3) Amends the Statutory Pay-As-You-Go Act of 2010 to require the Comptroller General (GAO) to maintain and provide regular annual updates to a publicly available website that tracks the status of agency responses to recommendations by the Comptroller General for identifying duplicative government programs. (Sec. 4) Declares that nothing in this Act shall be construed to require the disclosure of classified information. (Sec. 5) Requires the OMB Director to implement this Act not later than one year after its enactment. Prohibits the authorization of additional funds to carry out the requirements of this Act. | Taxpayers Right-To-Know Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Dispute Resolution and
Settlement Encouragement Act''.
SEC. 2. ARBITRATION IN DISTRICT COURTS.
(a) Authorization of Appropriations.--Section 905 of the Judicial
Improvements and Access to Justice Act (28 U.S.C. 651 note) is amended
in the first sentence by striking ``for each of the fiscal years 1994
through 1997''.
(b) Arbitration To Be Ordered in All District Courts.--
(1) Authorization of arbitration.--Section 651(a) of title
28, United States Code, is amended to read as follows:
``(a) Authority.--Each United States district court shall authorize
by local rule the use of arbitration in civil actions, including
adversary proceedings in bankruptcy, in accordance with this
chapter.''.
(2) Actions referred to arbitration.--Section 652(a) of
title 28, United States Code, is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking ``and section 901(c)'' and all
that follows through ``651'' and inserting ``a
district court''; and
(ii) in subparagraph (B) by striking
``$100,000'' and inserting ``$150,000''; and
(B) in paragraph (2) by striking ``$100,000'' and
inserting ``$150,000''.
(3) Certification of arbitrators.--Section 656(a) of title
28, United States Code, is amended by striking ``listed in
section 658''.
(4) Removal of limitation.--Section 658 of title 28, United
States Code, and the item relating to such section in the table
of sections at the beginning of chapter 44 of title 28, United
States Code, are repealed.
(c) Conforming Amendment.--Section 901 of the Judicial Improvements
and Access to Justice Act (28 U.S.C. 652 note) is amended by striking
subsection (c).
SEC. 3. AWARD OF REASONABLE COSTS AND ATTORNEY'S FEES IN FEDERAL CIVIL
DIVERSITY LITIGATION AFTER AN OFFER OF SETTLEMENT.
Section 1332 of title 28, United States Code, is amended by adding
at the end the following:
``(e)(1) In any action over which the court has jurisdiction under
this section, any party may, at any time not less than 10 days before
trial, serve upon any adverse party a written offer to settle a claim
or claims for money or property or to the effect specified in the
offer, including a motion to dismiss all claims, and to enter into a
stipulation dismissing the claim or claims or allowing judgment to be
entered according to the terms of the offer. Any such offer, together
with proof of service thereof, shall be filed with the clerk of the
court.
``(2) If the party receiving an offer under paragraph (1) serves
written notice on the offeror that the offer is accepted, either party
may then file with the clerk of the court the notice of acceptance,
together with proof of service thereof.
``(3) The fact that an offer under paragraph (1) is made but not
accepted does not preclude a subsequent offer under paragraph (1).
Evidence of an offer is not admissible for any purpose except in
proceedings to enforce a settlement, or to determine costs and expenses
under this subsection.
``(4) At any time before judgment is entered, the court, upon its
own motion or upon the motion of any party, may exempt from this
subsection any claim that the court finds presents a question of law or
fact that is novel and important and that substantially affects
nonparties. If a claim is exempted from this subsection, all offers
made by any party under paragraph (1) with respect to that claim shall
be void and have no effect.
``(5) If all offers made by a party under paragraph (1) with
respect to a claim or claims, including any motion to dismiss all
claims, are not accepted and the judgment, verdict, or order finally
issued (exclusive of costs, expenses, and attorneys' fees incurred
after judgment or trial) in the action under this section is not more
favorable to the offeree with respect to the claim or claims than the
last such offer, the offeror may file with the court, within 10 days
after the final judgment, verdict, or order is issued, a petition for
payment of costs and expenses, including attorneys' fees, incurred with
respect to the claim or claims from the date the last such offer was
made or, if the offeree made an offer under this subsection, from the
date the last such offer by the offeree was made.
``(6) If the court finds, pursuant to a petition filed under
paragraph (5) with respect to a claim or claims, that the judgment,
verdict, or order finally obtained is not more favorable to the offeree
with respect to the claim or claims than the last offer, the court
shall order the offeree to pay the offeror's costs and expenses,
including attorneys' fees, incurred with respect to the claim or claims
from the date the last offer was made or, if the offeree made an offer
under this subsection, from the date the last such offer by the offeree
was made, unless the court finds that requiring the payment of such
costs and expenses would be manifestly unjust.
``(7) Attorney's fees under paragraph (6) shall be a reasonable
attorney's fee attributable to the claim or claims involved, calculated
on the basis of an hourly rate which may not exceed that which the
court considers acceptable in the community in which the attorney
practices law, taking into account the attorney's qualifications and
experience and the complexity of the case, except that the attorney's
fees under paragraph (6) may not exceed--
``(A) the actual cost incurred by the offeree for an
attorney's fee payable to an attorney for services in
connection with the claim or claims; or
``(B) if no such cost was incurred by the offeree due to a
contingency fee agreement, a reasonable cost that would have
been incurred by the offeree for an attorney's noncontingent
fee payable to an attorney for services in connection with the
claim or claims.
``(8) This subsection does not apply to any claim seeking an
equitable remedy.''.
SEC. 4. RELIABILITY OF EVIDENCE.
Rule 702 of the Federal Rules of Evidence (28 U.S.C. App.) is
amended--
(1) by inserting ``(a) In general.--'' before ``If'', and
(2) by adding at the end the following:
``(b) Adequate basis for opinion.--Testimony in the form of an
opinion by a witness that is based on scientific knowledge shall be
inadmissible in evidence unless the court determines that such
opinion--
``(1) is scientifically valid and reliable;
``(2) has a valid scientific connection to the fact it is
offered to prove; and
``(3) is sufficiently reliable so that the probative value
of such evidence outweighs the dangers specified in rule 403.
``(c) Disqualification.--Testimony by a witness who is qualified as
described in subdivision (a) is inadmissible in evidence if the witness
is entitled to receive any compensation contingent on the legal
disposition of any claim with respect to which the testimony is
offered.
``(d) Scope.--Subdivision (b) does not apply to criminal
proceedings.''.
SEC. 5. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Section 2.--The amendments made by section 2 shall take effect
on the date of the enactment of this Act.
(b) Sections 3 and 4.--
(1) In general.--Subject to paragraph (2), the amendments
made by sections 3 and 4 shall take effect on the first day of
the first month beginning more than 180 days after the date of
the enactment of this Act.
(2) Application of amendments.--(A) The amendment made by
section 3 shall apply only with respect to civil actions
commenced after the effective date set forth in paragraph (1).
(B) The amendments made by section 4 shall apply only with
respect to cases in which a trial begins after the effective
date set forth in paragraph (1). | Alternative Dispute Resolution and Settlement Encouragement Act - Amends the Judicial Improvements and Access to Justice Act with respect to Federal district court arbitration programs to: (1) authorize permanent appropriations; (2) require all district courts to establish by local rule such programs for civil and bankruptcy actions; and (3) increase the monetary ceiling of actions that courts may require to be arbitrated.
(Sec. 3) Amends the Federal judicial code to set forth an offer of settlement procedure in Federal civil diversity litigation.
(Sec. 4) Amends rule 702 of the Federal Rules of Evidence to: (1) establish a standard for the admissibility of expert scientific testimony; and (2) make such testimony inadmissible if the witness is entitled to any compensation based upon the legal disposition of any claim related to such testimony. | Alternative Dispute Resolution and Settlement Encouragement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Solar Utilization Now Demonstration
Act of 2007'' or the ``SUN Act of 2007''.
SEC. 2. PHOTOVOLTAIC DEMONSTRATION PROGRAM.
(a) In General.--The Secretary shall establish a program of grants
to States to demonstrate advanced photovoltaic technology.
(b) Requirements.--
(1) Ability to meet requirements.--To receive funding under
the program under this section, a State must submit a proposal
that demonstrates, to the satisfaction of the Secretary, that
the State will meet the requirements of subsection (f).
(2) Compliance with requirements.--If a State has received
funding under this section for the preceding year, the State
must demonstrate, to the satisfaction of the Secretary, that it
complied with the requirements of subsection (f) in carrying
out the program during that preceding year, and that it will do
so in the future, before it can receive further funding under
this section.
(3) Funding allocation.--Each State submitting a qualifying
proposal shall receive funding under the program based on the
proportion of United States population in the State according
to the 2000 census. In each fiscal year, the portion of funds
attributable under this paragraph to States that have not
submitted qualifying proposals in the time and manner specified
by the Secretary shall be distributed pro rata to the States
that have submitted qualifying proposals in the specified time
and manner.
(c) Competition.--If more than $25,000,000 is available for the
program under this section for any fiscal year, the Secretary shall
allocate 75 percent of the total amount of funds available according to
subsection (b)(3), and shall award the remaining 25 percent on a
competitive basis to the States with the proposals the Secretary
considers most likely to encourage the widespread adoption of
photovoltaic technologies.
(d) Proposals.--Not later than 6 months after the date of enactment
of this Act, and in each subsequent fiscal year for the life of the
program, the Secretary shall solicit proposals from the States to
participate in the program under this section.
(e) Competitive Criteria.--In awarding funds in a competitive
allocation under subsection (c), the Secretary shall consider--
(1) the likelihood of a proposal to encourage the
demonstration of, or lower the costs of, advanced photovoltaic
technologies; and
(2) the extent to which a proposal is likely to--
(A) maximize the amount of photovoltaics
demonstrated;
(B) maximize the proportion of non-Federal cost
share; and
(C) limit State administrative costs.
(f) State Program.--A program operated by a State with funding
under this section shall provide competitive awards for the
demonstration of advanced photo-voltaic technologies. Each State
program shall--
(1) require a contribution of at least 60 percent per award
from non-Federal sources, which may include any combination of
State, local, and private funds, except that at least 10
percent of the funding must be supplied by the State;
(2) endeavor to fund recipients in the commercial,
industrial, institutional, governmental, and residential
sectors;
(3) limit State administrative costs to no more than 10
percent of the grant;
(4) report annually to the Secretary on--
(A) the amount of funds disbursed;
(B) the amount of photovoltaics purchased; and
(C) the results of the monitoring under paragraph
(5);
(5) provide for measurement and verification of the output
of a representative sample of the photovoltaics systems
demonstrated throughout the average working life of the
systems, or at least 20 years; and
(6) require that applicant buildings must have received an
independent energy efficiency audit during the 6-month period
preceding the filing of the application.
(g) Unexpended Funds.--If a State fails to expend any funds
received under subsection (b) or (c) within 3 years of receipt, such
remaining funds shall be returned to the Treasury.
(h) Reports.--The Secretary shall report to Congress 5 years after
funds are first distributed to the States under this section--
(1) the amount of photovoltaics demonstrated;
(2) the number of projects undertaken;
(3) the administrative costs of the program;
(4) the amount of funds that each State has not received
because of a failure to submit a qualifying proposal, as
described in subsection (b)(3);
(5) the results of the monitoring under subsection (f)(5);
and
(6) the total amount of funds distributed, including a
breakdown by State.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for the purposes of carrying out this
section--
(1) $15,000,000 for fiscal year 2008;
(2) $30,000,000 for fiscal year 2009;
(3) $45,000,000 for fiscal year 2010;
(4) $60,000,000 for fiscal year 2011; and
(5) $70,000,000 for fiscal year 2012. | Solar Utilization Now Demonstration Act of 2007 or the SUN Act of 2007 - Directs the Secretary of Energy to establish a program of grants to states to demonstrate advanced photovoltaic technology. | To direct the Secretary of Energy to establish a photovoltaic demonstration program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korea Sanctions and Diplomatic
Nonrecognition Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) North Korean negotiators in the Six-Party diplomatic
process did not act in good faith by their refusal to agree to
a transparent verification process for denuclearization
consistent with ``international standards'', including
provisions for nuclear sampling, following North Korea's
removal on October 11, 2008, from the list of state sponsors of
terrorism maintained by the Department of State.
(2) International press reports indicate that North Korea
has continued to provide support to Iran in the areas of
missile technology and nuclear development and has provided
Iran's surrogates, Hezbollah and Hamas, with both missile
technology and training in tunneling techniques with which to
attack Israel, an ally of the United States.
(3) International press reports indicate that North Korea
was engaged for a number of years in assistance to Syria in the
construction of a nuclear reactor in the Syrian desert which
was destroyed in a strike by Israeli forces on September 6,
2007.
(4) North Korean negotiators continue to refuse to address
in a humane and sincere manner the issue of the abduction of
civilians of Japan and the Republic of Korea, both allies of
the United States, as well as the abductions of citizens from a
number of other countries, including France, Lebanon, Romania,
and Thailand.
(5) Defectors coming out of North Korea have provided
testimony that United States permanent resident, Reverend Kim
Dong-shik, the spouse and father of United States citizens, was
tortured and murdered inside North Korea after his abduction by
Pyongyang's agents on the Chinese border in January 2000 and
that his remains are currently being held at a military
facility inside North Korea.
(6) Congress authoritatively expressed its view, in section
202(b)(2) of the North Korean Human Rights Act of 2004 (Public
Law 108-333; 22 U.S.C. 7832(b)(2)) that ``United States
nonhumanitarian assistance to North Korea shall be contingent
on North Korea's substantial progress'' on human rights
improvements, release of and accounting for abductees, family
reunification, reform of North Korea's labor camp system, and
the decriminalization of political expression, none of which
has occurred.
(7) Congress further authoritatively expressed its view, in
section 2 of the North Korean Human Rights Reauthorization Act
of 2008 (Public Law 110-346) that ``human rights and
humanitarian conditions inside North Korea are deplorable'' and
that ``North Korean refugees remain acutely vulnerable''.
(8) Congress has determined that any missile test or launch
conducted by North Korea would be in direct violation of United
Nations Security Council resolution 1695, adopted on July 16,
2006, which ``condemns the multiple launches by the DPRK (North
Korea) of ballistic missiles on July 5 2006 local time'', and
United Nations Security Council Resolution 1718, adopted on
October 9, 2006, which ``demands that the DPRK (North Korea)
not conduct any further nuclear test or launch of a ballistic
missile'' and ``decides that the DPRK shall suspend all
activities related to its ballistic missile programme and in
this context re-establish its pre-existing commitments to a
moratorium on missile launching'', and further determines that
the resulting sanctions imposed under such resolution 1718
would again come into full effect following a missile test or
launch.
(9) Congress has further determined that a return by North
Korea to the Six-Party diplomatic process following any missile
test or launch by Pyongyang must include a firm and transparent
commitment to the complete, verifiable and irreversible
dismantlement of all of North Korea's nuclear programs,
including those derived both from plutonium as well as highly
enriched uranium.
(10) Japanese press reports have indicated that a
delegation of approximately fifteen Iranian missile experts
arrived in North Korea in March 2009 ``to help Pyongyang
prepare for a rocket launch'', including senior officials with
the Iranian rocket and satellite producer Shahid Hemmat
Industrial Group, and that they brought with them a letter from
their President Mahmoud Ahmadinejad to North Korean leader Kim
Jong-Il stressing the importance of cooperating on space
technology.
(11) North Korea, in defiance of the international
community's efforts to end nuclear proliferation and in
violation of its international obligations, conducted a second
underground nuclear test on May 25, 2009 (local time), in
violation of United Nations Security Council Resolution 1718,
which resulted in the passage of United Nations Security
Council Resolution 1874 on June 12, 2009, which imposed
additional sanctions and inspection requirements with regard to
North Korea.
SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE GOVERNMENT OF NORTH
KOREA.
(a) Finding.--Congress finds that subsequent to the decision of the
Secretary of State on October 11, 2008, to rescind the designation of
North Korea as a state sponsor of terrorism, North Korea has committed
acts that can be defined as international terrorism or as highly
provocative, including--
(1) the dispatch of a covert team of two North Korean
military-trained agents to South Korea with orders to
assassinate North Korean defector Hwang Jang-yop who were
apprehended by South Korean officials in April 2010;
(2) complicity in the sinking of the South Korean naval
vessel Cheonan on March 26, 2010, which resulted in the deaths
of 46 South Korean naval personnel; and
(3) the shipment of weapons by North Korea, seized in
Bangkok in December 2009, which were bound for delivery to
foreign terrorist organizations Hezbollah and Hamas, according
to a statement made by Israeli Foreign Minister Avigdor
Lieberman in Tokyo on May 12, 2010.
(b) Continuation of Restrictions.--Notwithstanding the decision by
the Secretary of State on October 11, 2008, to rescind the designation
of North Korea as a state sponsor of terrorism, and in light of the
congressional finding described in subsection (a), restrictions against
the Government of North Korea that were imposed by reason of a
determination of the Secretary of State that the Government of North
Korea is a state sponsor of terrorism and that are in effect as of the
date of the enactment of this Act shall remain in effect, and shall not
be lifted, unless the President makes the certification described in
subsection (c).
(c) Certification.--The certification referred to in subsection (b)
is a certification to Congress containing a determination of the
President that the Government of North Korea--
(1) is no longer engaged in the illegal transfer of missile
or nuclear technology, particularly to the governments of Iran,
Syria, or any other state sponsor of terrorism;
(2) is no longer engaged in training in combat operations
or tunneling, or harboring, supplying, financing, or supporting
in any way--
(A) Hamas, Hezbollah, the Japanese Red Army, or any
member of such organizations;
(B) any organization designated by the Secretary of
State as a foreign terrorist organization in accordance
with section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)); and
(C) any person included on the annex to Executive
Order 13224 (September 21, 2001) and any other person
identified under section 1 of that Executive Order
whose property and interests are blocked by that
section (commonly known as a ``specially designated
global terrorist'');
(3) is no longer engaged in the counterfeiting of United
States currency ``supernotes'';
(4) is no longer engaged in the international trafficking
of illicit narcotics into the United States, Japan, Australia,
or other allied countries of the United States;
(5) has returned the last remains of United States
permanent resident, Reverend Kim Dong-shik, to his United
States citizen widow, family, and church members, so that he
may be provided with a proper Christian burial in Chicago;
(6) has released the Japanese nationals recognized as
abduction victims by the Government of Japan as well as
abduction victims recognized by the Government of the Republic
of Korea;
(7) has released an estimated 600 surviving South Korean
POWs, and any other surviving POWs from the Korean War, who
have been held in North Korea against their will and in
violation of the Armistice Agreement since hostilities ended in
July, 1953;
(8) has made concrete provisions for unrestricted family
reunification meetings for those individuals among the two-
million strong Korean-American community who maintain family
ties with relatives inside North Korea;
(9) has opened the North Korean penal system, including the
gulag of concentration camps holding an estimated 200,000
political and religious prisoners, to unrestricted and regular
visits by representatives of the International Committee of the
Red Cross (ICRC);
(10) has made provision for unrestricted and regular access
by representatives of the United National High Commissioner for
Refugees to refugees forcibly repatriated to North Korea to
determine their general health and welfare; and
(11) has made concrete provisions for unrestricted contact,
including direct communications and meetings, between
representatives of international and South Korean religious
organizations, including Christians and Buddhists, and their
co-believers inside North Korea.
(d) Sense of Congress.--It is the sense of Congress that, in light
of the congressional finding described in subsection (a), the Secretary
of State should redesignate North Korea as a state sponsor of terrorism
immediately upon the date of the enactment of this Act.
(e) State Sponsor of Terrorism Defined.--In this section, the term
``state sponsor of terrorism'' means any country the government of
which the Secretary of State determines has repeatedly provided support
for acts of international terrorism pursuant to section 6(j) of the
Export Administration Act of 1979 (as continued in effect pursuant to
the International Emergency Economic Powers Act), section 40 of the
Arms Export Control Act, section 620A of the Foreign Assistance Act of
1961, or any other provision of law.
SEC. 4. CONTINUATION OF DIPLOMATIC NONRECOGNITION OF NORTH KOREA.
(a) Finding.--Congress finds that the United States did not grant
diplomatic recognition to North Korea upon its establishment as a
client regime of the former Soviet Union in 1948. The United States has
consistently continued to withhold such formal diplomatic recognition
during the 60 years since the sudden and unprovoked attack by North
Korean forces on the Republic of Korea on June 25, 1950, an attack
which led directly to the Korean War and the deaths of over 36,000
United States military personnel as well as at least 2,000,000 Koreans
and over 3,000 soldiers from Allied countries.
(b) Continuation of Diplomatic Nonrecognition.--The diplomatic
nonrecognition described in subsection (a), including restrictions on
the establishment of a permanent presence or United States liaison
office inside North Korea, shall remain in effect, until such time as
the President certifies to Congress that the Government of North Korea
has met all of the benchmarks specified in section 3.
SEC. 5. INTERNATIONAL RESPONSE TO A NORTH KOREAN MISSILE LAUNCH OR
NUCLEAR TEST.
In the case of the launch of a missile, rocket, or other airborne
object by North Korea or the conducting of a nuclear test in violation
of United Nations Security Council Resolutions 1695, 1718, and 1874,
the President shall instruct the United States Permanent Representative
to the United Nations to use the voice, vote, and influence of the
United States to secure adoption of a United Nations Security Council
resolution condemning North Korea's action as a violation of United
Nations Security Council Resolutions 1695, 1718, and 1874 and requiring
the implementation of comprehensive sanctions and an inspection regime
against North Korea. | North Korea Sanctions and Diplomatic Nonrecognition Act of 2010 - Continues diplomatic, economic, and military sanctions against the government of North Korea as a supporter of international terrorism until the President certifies to Congress that North Korea: (1) is no longer engaged in the illegal transfer of missile or nuclear technology, particularly to Iran and Syria; (2) is not assisting foreign terrorist organizations, engaged in counterfeiting U.S. currency, or engaged in illicit narcotics traffic; (3) has released specified U.S. citizens, Japanese nationals, and surviving Korean War prisoners of war; and (4) has undertaken specified actions regarding family reunification, penal reforms, refugee access, and religious organization communications.
Expresses the sense of Congress that the Secretary of State should redesignate North Korea as a state sponsor of terrorism.
Finds that the United States did not grant diplomatic recognition to North Korea upon its establishment as a client regime of the former Soviet Union in 1948.
Continues diplomatic nonrecognition of North Korea until such benchmarks have been met.
Directs the President, in the case of a North Korean missile, rocket, or other airborne launch or the conducting of a nuclear test in violation of U.N. Security Council Resolutions 1695, 1718, and 1874, to instruct the U.S. Permanent Representative to the United Nations to use U.S. influence to secure adoption of a Security Council resolution condemning North Korea's action and requiring implementation of comprehensive sanctions against North Korea. | To continue restrictions against and prohibit diplomatic recognition of the Government of North Korea, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Puerto Rico
Democracy Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Federally sanctioned process for Puerto Rico's self-
determination, including initial plebiscite
and subsequent procedures.
Sec. 4. Applicable laws and other requirements.
Sec. 5. Availability of funds for the self-determination process.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) On November 30, 1992, President George H.W. Bush issued
a Memorandum to Heads of Executive Departments and Agencies
recognizing that ``As long as Puerto Rico is a territory . . .
the will of its people regarding their political status should
be ascertained periodically by means of a general right of
referendum . . .''.
(2) Consistent with this policy, on December 23, 2000,
President William J. Clinton issued Executive Order 13183,
establishing the President's Task Force on Puerto Rico's Status
for purposes that included identifying the options for the
territory's future political status ``. . . that are not
incompatible with the Constitution and basic laws and policies
of the United States . . .'', as well as the process for
realizing such options.
(3) President George W. Bush adopted Executive Order 13183
and, on December 3, 2003, amended it to require that the
President's Task Force on Puerto Rico's Status issue a report
``. . . no less frequently than once every 2 years, on progress
made in the determination of Puerto Rico's ultimate status.''.
(4) On December 22, 2005, the Task Force appointed by
President George W. Bush issued a report recommending that:
(A) The Congress provide within a year for a
federally sanctioned plebiscite in which the people of
Puerto Rico would be asked to vote on whether they wish
to remain a United States territory or pursue a
constitutionally viable path toward a permanent
nonterritorial status.
(B) If the people of Puerto Rico elect to pursue a
permanent nonterritorial status, Congress should
provide for a subsequent plebiscite allowing the people
of Puerto Rico to choose between one of the two
permanent nonterritorial status options. Once a
majority of the people has selected one of the two
options, Congress is encouraged to begin a process of
transition toward that option.
(C) If the people of Puerto Rico elect to remain as
a United States territory, further plebiscites should
occur periodically, as long as a territorial status
continues, to keep Congress informed of the people's
wishes.
SEC. 3. FEDERALLY SANCTIONED PROCESS FOR PUERTO RICO'S SELF-
DETERMINATION, INCLUDING INITIAL PLEBISCITE AND
SUBSEQUENT PROCEDURES.
(a) First Plebiscite Under This Act.--The Puerto Rico State
Elections Commission shall conduct a plebiscite in Puerto Rico during
the 110th Congress, but not later than December 31, 2007. The ballot
shall provide for voters to choose only between the following two
options:
(1) Puerto Rico should continue the existing form of
territorial status as defined by the Constitution, basic laws,
and policies of the United States. If you agree, mark here____.
(2) Puerto Rico should pursue a path toward a
constitutionally viable permanent nonterritorial status. If you
agree, mark here ______.
The two options set forth on the ballot shall be preceded by the
following statement: Instructions: Mark the option you choose as each
is defined below. Ballots with more than one option marked will not be
counted.
(b) Procedure If Majority in First Plebiscite Favors Continued
Territorial Status.--If a majority vote in a plebiscite held under
subsection (a) favors the continuation of the existing territorial
status, the Puerto Rico State Elections Commission shall conduct
additional plebiscites under subsection (a) at intervals of every 8
years from the date that the results of the prior plebiscite are
certified unless a majority of votes in the prior plebiscite favors
pursuing a permanent nonterritorial status.
(c) Procedure If Majority in First Plebiscite Favors Permanent
Nonterritorial Status.--If a majority vote in any plebiscite held under
subsection (a) favors permanent nonterritorial status, the Puerto Rico
State Elections Commission shall conduct a plebiscite under this
subsection. The ballot on the plebiscite under this subsection shall
provide for a vote to choose only between the following two options:
(1) Statehood: Puerto Rico should be admitted as a State of
the Union, on equal footing with the other States. If you
agree, mark here____.
(2) Sovereign nation: Puerto Rico should become a sovereign
nation, either fully independent from or in free association
with the United States under an international agreement that
preserves the right of each nation to terminate the
association. If you agree, mark here___.
The two options set forth on the ballot shall be preceded by the
following statement: Instructions: Mark the option you choose as each
is defined below. Ballots with more than one option marked will not be
counted.
(d) Period for Holding Plebiscite.--If a majority vote in the first
plebiscite under subsection (a) favors permanent nonterritorial status,
the plebiscite under subsection (c) shall be held during the 111th
Congress, but no later than December 31, 2009. If a majority vote in a
plebiscite referred to in subsection (b) favors permanent
nonterritorial status, the plebiscite under subsection (c) shall be
held not later than 2 years after the certification of the majority
vote in such plebiscite under subsection (b).
SEC. 4. APPLICABLE LAWS AND OTHER REQUIREMENTS.
(a) Applicable Laws.--All Federal laws applicable to the election
of the Resident Commissioner of Puerto Rico shall, as appropriate and
consistent with this Act, also apply to any plebiscite held pursuant to
this Act. Any reference in such Federal laws to elections shall be
considered, as appropriate, to be a reference to the plebiscites,
unless it would frustrate the purposes of this Act.
(b) Federal Court Jurisdiction.--The Federal courts of the United
States shall have exclusive jurisdiction over any legal claims or
controversies arising from the implementation of this Act.
(c) Rules and Regulations.--The Puerto Rico State Elections
Commission shall issue all rules and regulations necessary to carry out
the plebiscites under this Act.
(d) Eligibility.--Each of the following shall be eligible to vote
in any plebiscite held under this Act:
(1) All eligible voters under the electoral laws in effect
in Puerto Rico at the time the plebiscite is held.
(2) All United States citizens born in Puerto Rico who
comply, to the satisfaction of the Puerto Rico State Elections
Commission, with all Puerto Rico State Elections Commission
requirements (other than the residency requirement) applicable
to eligibility to vote in a general election.
Persons eligible to vote under this subsection shall, upon request
submitted to the Puerto Rico State Elections Commission prior to the
plebiscite concerned, be entitled to receive an absentee ballot for
such plebiscite.
(e) Certification of Plebiscite Results.--The Puerto Rico State
Elections Commission shall certify the results of each plebiscite held
under this Act to the President of the United States and the Senate and
House of Representatives of the United States.
(f) Report After Second Plebiscite.--No later than 6 months after
the plebiscite provided for in section 3(c), the President's Task Force
on Puerto Rico's Status shall submit a report to the Congress, prepared
in consultation with the Governor, the Resident Commissioner, the
President of the Senate of Puerto Rico, and the Speaker of the House of
Representatives of Puerto Rico, detailing measures that may be taken to
implement the permanent nonterritorial status option chosen in the
plebiscite together with such recommendations as the Task Force may
deem appropriate.
SEC. 5. AVAILABILITY OF FUNDS FOR THE SELF-DETERMINATION PROCESS.
During the period beginning October 1, 2006, and ending on the date
the President determines that all the plebiscites required by this Act
have been held, the Secretary of the Treasury may allocate, from the
funds provided to the Government of Puerto Rico under section 7652(e)
of the Internal Revenue Code, not more than $5,000,000 to the State
Elections Commission of Puerto Rico to be used for expenses of carrying
out each plebiscite carried out under this Act, including for voter
education materials certified by the President's Task Force on Puerto
Rico's Status as not being incompatible with the Constitution and basic
laws and policies of the United States. Such amounts may be as
identified by the President's Task Force on Puerto Rico's Status as
necessary for such purposes. | Puerto Rico Democracy Act of 2006 - Directs the Puerto Rico State Elections Commission to conduct a plebiscite in Puerto Rico during the 110th Congress, giving voters the option to vote for continued U.S. territorial status or for a path toward a constitutionally viable permanent nonterritorial status. Provides for subsequent procedures, depending on ballot results.
Authorizes the Secretary of the Treasury to allocate certain funds for the self-determination process. | To provide for a federally sanctioned self-determination process for the people of Puerto Rico. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green Chemistry Research and
Development Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``green chemistry'' means chemistry and
chemical engineering to design chemical products and processes
that reduce or eliminate the use or generation of hazardous
substances while producing high quality products through safe
and efficient manufacturing processes;
(2) the term ``Interagency Working Group'' means the
interagency working group established under section 3(c); and
(3) the term ``Program'' means the Green Chemistry Research
and Development Program described in section 3.
SEC. 3. GREEN CHEMISTRY RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--The President shall establish a Green Chemistry
Research and Development Program to promote and coordinate Federal
green chemistry research, development, demonstration, education, and
technology transfer activities.
(b) Program Activities.--The activities of the Program shall be
designed to--
(1) provide sustained support for green chemistry research,
development, demonstration, education, and technology transfer
through--
(A) merit-reviewed competitive grants to individual
investigators and teams of investigators, including, to
the extent practicable, young investigators, for
research and development;
(B) grants to fund collaborative research and
development partnerships among universities, industry,
and nonprofit organizations;
(C) green chemistry research, development,
demonstration, and technology transfer conducted at
Federal laboratories; and
(D) to the extent practicable, encouragement of
consideration of green chemistry in--
(i) the conduct of Federal chemical science
and engineering research and development; and
(ii) the solicitation and evaluation of all
proposals for chemical science and engineering
research and development;
(2) examine methods by which the Federal Government can
create incentives for consideration and use of green chemistry
processes and products;
(3) facilitate the adoption of green chemistry innovations;
(4) expand education and training of undergraduate and
graduate students, and professional chemists and chemical
engineers, including through partnerships with industry, in
green chemistry science and engineering;
(5) collect and disseminate information on green chemistry
research, development, and technology transfer, including
information on--
(A) incentives and impediments to development and
commercialization;
(B) accomplishments;
(C) best practices; and
(D) costs and benefits;
(6) provide venues for outreach and dissemination of green
chemistry advances such as symposia, forums, conferences, and
written materials in collaboration with, as appropriate,
industry, academia, scientific and professional societies, and
other relevant groups;
(7) support economic, legal, and other appropriate social
science research to identify barriers to commercialization and
methods to advance commercialization of green chemistry; and
(8) provide for public input and outreach to be integrated
into the Program by the convening of public discussions,
through mechanisms such as citizen panels, consensus
conferences, and educational events, as appropriate.
(c) Interagency Working Group.--The President shall establish an
Interagency Working Group, which shall include representatives from the
National Science Foundation, the National Institute of Standards and
Technology, the Department of Energy, the Environmental Protection
Agency, and any other agency that the President may designate. The
Director of the National Science Foundation and the Assistant
Administrator for Research and Development of the Environmental
Protection Agency shall serve as co-chairs of the Interagency Working
Group. The Interagency Working Group shall oversee the planning,
management, and coordination of the Program. The Interagency Working
Group shall--
(1) establish goals and priorities for the Program, to the
extent practicable in consultation with green chemistry
researchers and potential end-users of green chemistry products
and processes; and
(2) provide for interagency coordination, including budget
coordination, of activities under the Program.
(d) Agency Budget Requests.--Each Federal agency and department
participating in the Program shall, as part of its annual request for
appropriations to the Office of Management and Budget, submit a report
to the Office of Management and Budget which identifies its activities
that contribute directly to the Program and states the portion of its
request for appropriations that is allocated to those activities. The
President shall include in his annual budget request to Congress a
statement of the portion of each agency's or department's annual budget
request allocated to its activities undertaken pursuant to the Program.
(e) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Interagency Working Group shall transmit a
report to the Committee on Science of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
This report shall include--
(1) a summary of federally funded green chemistry research,
development, demonstration, education, and technology transfer
activities, including the green chemistry budget for each of
these activities; and
(2) an analysis of the progress made toward achieving the
goals and priorities for the Program, and recommendations for
future program activities.
SEC. 4. MANUFACTURING EXTENSION CENTER GREEN SUPPLIERS NETWORK GRANT
PROGRAM.
Section 25(a) of the National Institute of Standards and Technology
Act (15 U.S.C. 278k(a)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) the enabling of supply chain manufacturers to
continuously improve products and processes, increase energy
efficiency, identify cost-saving opportunities, and optimize
resources and technologies with the aim of reducing or
eliminating the use or generation of hazardous substances.''.
SEC. 5. UNDERGRADUATE EDUCATION IN CHEMISTRY AND CHEMICAL ENGINEERING.
(a) Program Authorized.--(1) As part of the Program activities
under section 3(b)(4), the Director of the National Science Foundation
shall carry out a program to award grants to institutions of higher
education to support efforts by such institutions to revise their
undergraduate curriculum in chemistry and chemical engineering to
incorporate green chemistry concepts and strategies.
(2) Grants shall be awarded under this section on a competitive,
merit-reviewed basis and shall require cost sharing in cash from non-
Federal sources, to match the Federal funding.
(b) Selection Process.--(1) An institution of higher education
seeking funding under this section shall submit an application to the
Director at such time, in such manner, and containing such information
as the Director may require. The application shall include at a
minimum--
(A) a description of the content and schedule for adoption
of the proposed curricular revisions to the courses of study
offered by the applicant in chemistry and chemical engineering;
and
(B) a description of the source and amount of cost sharing
to be provided.
(2) In evaluating the applications submitted under paragraph (1),
the Director shall consider, at a minimum--
(A) the level of commitment demonstrated by the applicant
in carrying out and sustaining lasting curriculum changes in
accordance with subsection (a)(1); and
(B) the amount of cost sharing to be provided.
(c) Authorization of Appropriations.--In addition to amounts
authorized under section 8, from sums otherwise authorized to be
appropriated by the National Science Foundation Authorization Act of
2002, there are authorized to be appropriated to the National Science
Foundation for carrying out this section $7,000,000 for fiscal year
2006, $7,500,000 for fiscal year 2007, and $8,000,000 for fiscal year
2008.
SEC. 6. STUDY ON COMMERCIALIZATION OF GREEN CHEMISTRY.
(a) Study.--The Director of the National Science Foundation shall
enter into an arrangement with the National Research Council to conduct
a study of the factors that constitute barriers to the successful
commercial application of promising results from green chemistry
research and development.
(b) Contents.--The study shall--
(1) examine successful and unsuccessful attempts at
commercialization of green chemistry in the United States and
abroad; and
(2) recommend research areas and priorities and public
policy options that would help to overcome identified barriers
to commercialization.
(c) Report.--The Director shall submit a report to the Committee on
Science of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the findings and
recommendations of the study within 18 months after the date of
enactment of this Act.
SEC. 7. PARTNERSHIPS IN GREEN CHEMISTRY.
(a) Program Authorized.--(1) The agencies participating in the
Program shall carry out a joint, coordinated program to award grants to
institutions of higher education to establish partnerships with
companies in the chemical industry to retrain chemists and chemical
engineers in the use of green chemistry concepts and strategies.
(2) Grants shall be awarded under this section on a competitive,
merit-reviewed basis and shall require cost sharing from non-Federal
sources by members of the partnerships.
(3) In order to be eligible to receive a grant under this section,
an institution of higher education shall enter into a partnership with
two or more companies in the chemical industry. Such partnerships may
also include other institutions of higher education and professional
associations.
(4) Grants awarded under this section shall be used for activities
to provide retraining for chemists or chemical engineers in green
chemistry, including--
(A) the development of curricular materials and the
designing of undergraduate and graduate level courses; and
(B) publicizing the availability of professional
development courses of study in green chemistry and recruiting
graduate scientists and engineers to pursue such courses.
Grants may provide stipends for individuals enrolled in courses
developed by the partnership.
(b) Selection Process.--(1) An institution of higher education
seeking funding under this section shall submit an application at such
time, in such manner, and containing such information as shall be
specified by the Interagency Working Group and published in a proposal
solicitation for the Program. The application shall include at a
minimum--
(A) a description of the partnership and the role each
member will play in implementing the proposal;
(B) a description of the courses of study that will be
provided;
(C) a description of the number and size of stipends, if
offered;
(D) a description of the source and amount of cost sharing
to be provided; and
(E) a description of the manner in which the partnership
will be continued after assistance under this section ends.
(2) The evaluation of the applications submitted under paragraph
(1) shall be carried out in accordance with procedures developed by the
Interagency Working Group and shall consider, at a minimum--
(A) the ability of the partnership to carry out effectively
the proposed activities;
(B) the degree to which such activities are likely to
prepare chemists and chemical engineers sufficiently to be
competent to apply green chemistry concepts and strategies in
their work; and
(C) the amount of cost sharing to be provided.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) National Science Foundation.--(1) From sums otherwise
authorized to be appropriated by the National Science Foundation
Authorization Act of 2002, there are authorized to be appropriated to
the National Science Foundation for carrying out this Act--
(A) $7,000,000 for fiscal year 2006;
(B) $7,500,000 for fiscal year 2007; and
(C) $8,000,000 for fiscal year 2008.
(2) The sums authorized by paragraph (1) are in addition to any
funds the National Science Foundation is spending on green chemistry
through its ongoing chemistry and chemical engineering programs.
(b) National Institute of Standards and Technology.--From sums
otherwise authorized to be appropriated, there are authorized to be
appropriated to the National Institute of Standards and Technology for
carrying out this Act--
(1) $5,000,000 for fiscal year 2006;
(2) $5,500,000 for fiscal year 2007; and
(3) $6,000,000 for fiscal year 2008.
(c) Department of Energy.--From sums otherwise authorized to be
appropriated, there are authorized to be appropriated to the Department
of Energy for carrying out this Act--
(1) $7,000,000 for fiscal year 2006;
(2) $7,500,000 for fiscal year 2007; and
(3) $8,000,000 for fiscal year 2008.
(d) Environmental Protection Agency.--From sums otherwise
authorized to be appropriated, there are authorized to be appropriated
to the Environmental Protection Agency for carrying out this Act--
(1) $7,000,000 for fiscal year 2006;
(2) $7,500,000 for fiscal year 2007; and
(3) $8,000,000 for fiscal year 2008. | Green Chemistry Research and Development Act of 2005 - Directs the President to establish a Green Chemistry Research and Development Program to promote and coordinate Federal research, development, demonstration, education, and technology transfer activities related to green chemistry.
Requires the President to establish an Interagency Working Group to oversee the planning, management, and coordination of the Program.
Amends the National Institute of Standards and Technology Act to provide for the Regional Centers for the Transfer of Manufacturing Technology to enhance productivity and technological performance in U.S. manufacturing through the enabling of supply chain manufacturers to continuously make improvements with the aim of reducing or eliminating the use or generation of hazardous substances.
Requires the Director of the National Science Foundation to carry out a program to award grants to institutions of higher education to support their efforts to revise their undergraduate curriculum in chemistry and chemical engineering to incorporate green chemistry concepts and strategies.
Requires such Director to enter into an arrangement with the National Research Council to conduct a study of, and report on, the factors that constitute barriers to the successful commercial application of promising results from green chemistry research and development.
Directs the agencies participating in the Program to carry out a joint, coordinated program to award grants to institutions of higher education to establish partnerships with companies in the chemical industry to retrain chemists and chemical engineers in the use of green chemistry concepts and strategies. | A bill to provide for the implementation of a Green Chemistry Research and Development Program, and for other purposes. |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The placement of telecommunications facilities near
residential properties can greatly reduce the value of such
properties, destroy the views from such properties, and reduce
substantially the desire to live in the area.
(2) States and local governments should be able to exercise
control over the placement, construction, and modification of
such facilities through the use of zoning, planned growth, and
other land use regulations relating to the protection of the
environment and public health, safety, and welfare of the
community.
(3) There are alternatives to the construction of
facilities to meet telecommunications and broadcast needs,
including, but not limited to, alternative locations,
colocation of antennas on existing towers or structures,
towerless PCS-Over-Cable or PCS-Over-Fiber telephone service,
satellite television systems, low-Earth orbit satellite
communication networks, and other alternative technologies.
(4) There are alternative methods of designing towers to
meet telecommunications and broadcast needs, including the use
of small towers that do not require blinking aircraft safety
lights, break skylines, or protrude above tree canopies and
that are camouflaged or disguised to blend with their
surroundings, or both.
(5) On August 19, 1997, the Federal Communications
Commission issued a proposed rule, MM Docket No. 97-182, which
would preempt the application of State and local zoning and
land use ordinances regarding the placement, construction, and
modification of broadcast transmission facilities. It is in the
interest of the Nation that the Commission not adopt this rule.
(6) It is in the interest of the Nation that the memoranda
opinions and orders and proposed rules of the Commission with
respect to application of certain ordinances to the placement
of such towers (WT Docket No. 97-192, ET Docket No. 93-62, RM-
8577, and FCC 97-303, 62 F.R. 47960) be modified in order to
permit State and local governments to exercise their zoning and
land use authorities, and their power to protect public health
and safety, to regulate the placement of telecommunications or
broadcast facilities and to place the burden of proof in civil
actions, and in actions before the Commission and State and
local authorities relating to the placement, construction, and
modification of such facilities, on the person or entity that
seeks to place, construct, or modify such facilities.
(7) PCS-Over-Cable, PCS-Over-Fiber, and satellite
telecommunications systems, including low-Earth orbit
satellites, offer a significant opportunity to provide so-
called ``911'' emergency telephone service throughout much of
the United States.
(8) According to the Comptroller General, the Commission
does not consider itself a health agency and turns to health
and radiation experts outside the Commission for guidance on
the issue of health and safety effects of radio frequency
exposure.
(9) The Federal Aviation Administration does not have
adequate authority to regulate the placement, construction, and
modification of telecommunications facilities near airports or
high-volume air traffic areas such as corridors of airspace or
commonly used flyways. The Commission's proposed rules to
preempt State and local zoning and land-use regulations for the
siting of such facilities will have a serious negative impact
on aviation safety, airport capacity and investment, and the
efficient use of navigable airspace.
(10) The telecommunications industry and its experts should
be expected to have access to the best and most recent
technical information and should therefore be held to the
highest standards in terms of their representations,
assertions, and promises to governmental authorities.
(11) There has been a substantial effort by the Federal
Government to determine the effects of electric and magnetic
fields on biological systems, as is evidenced by the Electric
and Magnetic Fields Research and Public Information
Dissemination (RAPID) Program, which was established by section
2118 of the Energy Policy Act of 1992 (Public Law 102-486; 42
U.S.C. 13478). This five-year program, which was coordinated by
the National Institute of Environmental Health Sciences and the
Department of Energy, examined the possible effects of electric
and magnetic fields on human health. Despite the success of
this program, there has been no similar effort by the Federal
Government to determine the possible effects on human health of
radio frequency emissions associated with telecommunications
facilities. The RAPID program could serve as the excellent
model for a Federally-sponsored research project.
(b) Purposes.--The purposes of this Act are as follows:
(1) To repeal certain limitations on State and local
authority regarding the placement, construction, and
modification of personal wireless service facilities and
related facilities as such limitations arise under section
332(c)(7) of the Communications Act of 1934 (47 U.S.C.
332(c)(7)).
(2) To permit State and local governments--
(A) in cases where the placement, construction, or
modification of telecommunications facilities and other
facilities is inconsistent with State and local regulations, laws, or
decisions, to require the use of alternative telecommunication or
broadcast technologies when such alternative technologies are
available;
(B) to regulate the placement, modification, and
construction of such facilities so that their
placement, construction, or modification will not
interfere with the safe and efficient use of public
airspace or otherwise compromise or endanger public
safety; and
(C) to hold applicants for permits for the
placement, construction, or modification of such
telecommunications facilities, and providers of
services using such towers and facilities, accountable
for the truthfulness and accuracy of representations
and statements placed in the record of hearings for
such permits, licenses, or approvals.
SEC. 2. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND
MODIFICATION OF TELECOMMUNICATIONS FACILITIES.
(a) Repeal of Limitations on Regulation of Personal Wireless
Facilities.--Section 332(c)(7)(B) of the Communications Act of 1934 (47
U.S.C. 332(c)(7)(B)) is amended--
(1) in clause (i), by striking ``thereof--'' and all that
follows through the end and inserting ``thereof shall not
unreasonably discriminate among providers of functionally
equivalent services.'';
(2) by striking clause (iv);
(3) by redesignating clause (v) as clause (iv); and
(4) in clause (iv), as so redesignated--
(A) in the first sentence, by striking ``30 days
after such action or failure to act'' and inserting
``30 days after exhaustion of any administrative
remedies with respect to such action or failure to
act''; and
(B) by striking the third sentence and inserting
the following: ``In any such action in which a person
seeking to place, construct, or modify a
telecommunications facility is a party, such person
shall bear the burden of proof, regardless of who
commences the action.''.
(b) Prohibition on Adoption of Rule Regarding Preemption of State
and Local Authority Over Broadcast Transmission Facilities.--
Notwithstanding any other provision of law, the Federal Communications
Commission may not adopt as a final rule or otherwise the proposed rule
set forth in ``Preemption of State and Local Zoning and Land Use
Restrictions on Siting, Placement and Construction of Broadcast Station
Transmission Facilities'', MM Docket No. 97-182, released August 19,
1997.
(c) Authority Over Placement, Construction, and Modification of
Other Transmission Facilities.--Part I of title III of the
Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding
at the end the following:
``SEC. 337. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND
MODIFICATION OF TELECOMMUNICATIONS FACILITIES.
``(a) In General.--Notwithstanding any other provision of this Act,
no provision of this Act may be interpreted to authorize any person or
entity to place, construct, or modify telecommunications facilities in
a manner that is inconsistent with State or local law, or contrary to
an official decision of the appropriate State or local government
entity having authority to approve, permit, license, modify, or deny an
application to place, construct, or modify a tower, if alternate
technology is capable of delivering the broadcast or telecommunications
signals without the use of a tower.
``(b) Authority Regarding Production of Safety and Interference
Studies.--No provision of this Act may be interpreted to prohibit a
State or local government from--
``(1) requiring a person or entity seeking authority to
place, construct, or modify telecommunications facilities or
broadcast transmission facilities within the jurisdiction of
such government to produce--
``(A) environmental studies, engineering reports,
or other documentation of the compliance of such
facilities with radio frequency exposure limits
established by the Commission and compliance with
applicable laws and regulations governing the effects
of the proposed facility on the health, safety, and
welfare of local residents in the community; and
``(B) documentation of the compliance of such
facilities with applicable Federal, State, and local
aviation safety standards or aviation obstruction
standards regarding objects effecting navigable
airspace; or
``(2) refusing to grant authority to such person to locate
such facilities within the jurisdiction of such government if
such person fails to produce any studies, reports, or
documentation required under paragraph (1).
``(c) Construction.--Nothing in this section may be construed to
prohibit or otherwise limit the authority of a State or local
government to ensure compliance with or otherwise enforce any
statements, assertions, or representations filed or submitted by or on
behalf of an applicant with the State or local government for authority
to place, construct, or modify telecommunications facilities or
broadcast transmission facilities within the jurisdiction of the State
or local government.''.
SEC. 3. ASSESSMENT OF RESEARCH ON EFFECTS OF RADIO FREQUENCY EMISSIONS
ON HUMAN HEALTH.
(a) Assessment.--The Secretary of Health and Human Services shall
carry out an independent assessment on the effects of radio frequency
emission on human health. The Secretary shall carry out the independent
assessment through grants to appropriate public and private entities
selected by the Secretary for purposes of the independent assessment.
(b) Authorization of Appropriations.--There are hereby authorized
to be appropriated for the Secretary of Health and Human Services for
fiscal year 2000, $10,000,000 for purposes of grants for the
independent assessment required by subsection (a). Amounts appropriated
pursuant to the authorization of appropriation in the preceding
sentence shall remain available until expended.
(c) The Secretary of Health and Human Services shall produce a
report on existing research evaluating the biological effects to human
health of short term, high-level, as well as long-term, low-level
exposures to radio frequency emissions to Congress no later than
January 1, 2001. | Amends the Communications Act of 1934 (the Act) to repeal a provision which prohibits a State or local government from regulating the placement, construction, and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with Federal Communications Commission (FCC) regulations concerning such emissions. Requires, in an action in which a person is seeking to place, construct, or modify a telecommunications facility, that such person bear the burden of proof as to the necessity of such placement, construction, or modification. Prohibits the FCC from adopting as a final rule a specified proposed rule which preempts State and local authority over the placement of broadcast transmission facilities.
States that no provision of the Act may be interpreted to: (1) authorize any person or entity to place, construct, or modify telecommunications facilities in a manner inconsistent with State or local law if alternative technology is capable of delivering the broadcast or telecommunications signals without the use of a tower; or (2) prohibit a State or local government from requiring the production of safety and interference studies with respect to such facilities.
Requires the Secretary of Health and Human Services to carry out an independent assessment of the effects of radio frequency emission on human health. Authorizes appropriations. | A bill to amend the Communications Act of 1934 to clarify State and local authority to regulate the placement, construction, and modification of broadcast transmission and telecommunications facilities, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infertility Coverage for Federal
Employees, Military Personnel, and their Families Act''.
SEC. 2. INFERTILITY BENEFITS.
(a) Federal Employee Health Benefits Plans.--Section 8904 of title
5, United States Code, is amended by adding at the end the following:
``(c)(1) Each health benefits plan described by section 8903 or
8903a which provides obstetrical benefits shall also provide coverage
for the diagnosis and treatment of infertility, including
nonexperimental assisted reproductive technology procedures.
``(2) Under this subsection--
``(A) coverage for the diagnosis or treatment of
infertility may not be subject to any copayment or deductible
greater than applies with respect to obstetrical benefits under
the plan involved; and
``(B) coverage for a procedure described in paragraph
(5)(B) shall, in the case of any individual, be required only
if--
``(i) such individual has been unable to carry a
pregnancy to live birth through less costly, medically
appropriate infertility treatments for which such
individual has coverage under this chapter;
``(ii) the procedure (including any retrieval
incident thereto) is performed at medical facilities
that conform to the standards of the American Society
for Reproductive Medicine, the Society for Assisted
Reproductive Technology, the American College of
Obstetricians and Gynecologists, or any other similar
nationally-recognized organization, or a Federal agency
that promulgates standards for infertility procedures;
and
``(iii) if the services of a laboratory are
required, such laboratory is accredited by the College
of American Pathologists' Reproductive Laboratory
Accreditation Program or any other similar nationally-
recognized program, or a Federal agency performing a
similar function.
``(3)(A) Except as provided in subparagraph (B) or (C)--
``(i) coverage for a procedure described in paragraph
(5)(B) may be provided only if the individual involved has not
already undergone 4 attempts to achieve a live birth using any
such procedures; and
``(ii) coverage for an oocyte retrieval may be provided
only if the individual involved has not already undergone 4
complete oocyte retrievals.
``(B) For purposes of clause (i) of subparagraph (A)--
``(i) if a live birth results from the third attempt (using
a procedure described in paragraph (5)(B)), such clause shall
be applied by substituting `5' for `4'; and
``(ii) if a live birth results from the fourth attempt
(using a procedure described in paragraph (5)(B)), such clause
shall be applied by substituting `6' for the otherwise
applicable lifetime maximum.
``(C) For purposes of clause (ii) of subparagraph (A)--
``(i) if a live birth results from the third oocyte
retrieval, such clause shall be applied by substituting `5' for
`4'; and
``(ii) if a live birth results from the fourth oocyte
retrieval, such clause shall be applied by substituting `6' for
the otherwise applicable lifetime maximum.
``(4) In no event shall this subsection be considered to permit or
require coverage--
``(A) if, or to the extent that, the health benefits plan
objects to such coverage on the basis of religious beliefs; or
``(B) in connection with any procedure or treatment, unless
rendered by a physician or at the direction or request of a
physician.
``(5) For purposes of this subsection--
``(A) the term `infertility' means--
``(i) the inability to conceive a pregnancy after
12 months of regular sexual relations without
contraception or to carry a pregnancy to a live birth;
or
``(ii) the presence of a demonstrated condition
determined by 2 physicians (at least 1 of whom
specializes in infertility) to cause infertility; and
``(B) the term `nonexperimental assisted reproductive
technology procedure' means in vitro fertilization, gamete
intrafallopian transfer, zygote intrafallopian transfer, and
any other clinical treatment or procedure the safety and
efficacy of which are recognized by the American Society for
Reproductive Medicine, the American College of Obstetricians
and Gynecologists, or any other similar nationally-recognized
organization, or a Federal agency described in paragraph
(2)(B)(iii).
``(6) The Office shall prescribe any regulations necessary to carry
out this subsection.''.
(b) Defense Health Care Plans.--(1) Chapter 55 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 1110a. Obstetrical and infertility benefits
``(a)(1) Any health care plan under this chapter which provides
obstetrical benefits shall also provide coverage for the diagnosis and
treatment of infertility, including nonexperimental assisted
reproductive technology procedures.
``(2) Under this subsection--
``(A) coverage for the diagnosis or treatment of
infertility may not be subject to any copayment or deductible
greater than applies with respect to obstetrical benefits under
the plan involved; and
``(B) coverage for a procedure described in paragraph
(5)(B) shall, in the case of any individual, be required only
if--
``(i) such individual has been unable to carry a
pregnancy to live birth through less costly, medically
appropriate infertility treatments for which such
individual has coverage under this chapter;
``(ii) the procedure (including any retrieval
incident thereto) is performed at medical facilities
that conform to the standards of the American Society
for Reproductive Medicine, the Society for Assisted
Reproductive Technology, the American College of
Obstetricians and Gynecologists, or any other similar
nationally-recognized organization, or a Federal agency
that promulgates standards for infertility procedures;
and
``(iii) if the services of a laboratory are
required, such laboratory is accredited by the College
of American Pathologists' Reproductive Laboratory
Accreditation Program or any other similar nationally-
recognized program, or a Federal agency performing a
similar function.
``(3)(A) Except as provided in subparagraph (B) or (C)--
``(i) coverage for a procedure described in paragraph
(5)(B) may be provided only if the individual involved has not
already undergone 4 attempts to achieve a live birth using any
such procedures; and
``(ii) coverage for an oocyte retrieval may be provided
only if the individual involved has not already undergone 4
complete oocyte retrievals.
``(B) For purposes of clause (i) of subparagraph (A)--
``(i) if a live birth results from the third attempt (using
a procedure described in paragraph (5)(B)), such clause shall
be applied by substituting `5' for `4'; and
``(ii) if a live birth results from the fourth attempt
(using a procedure described in paragraph (5)(B)), such clause
shall be applied by substituting `6' for the otherwise
applicable lifetime maximum.
``(C) For purposes of clause (ii) of subparagraph (A)--
``(i) if a live birth results from the third oocyte
retrieval, such clause shall be applied by substituting `5' for
`4'; and
``(ii) if a live birth results from the fourth oocyte
retrieval, such clause shall be applied by substituting `6' for
the otherwise applicable lifetime maximum.
``(4) In no event shall this subsection be considered to permit or
require coverage--
``(A) if, or to the extent that, the health benefits plan
objects to such coverage on the basis of religious beliefs; or
``(B) in connection with any procedure or treatment, unless
rendered by a physician or at the direction or request of a
physician.
``(5) For purposes of this subsection--
``(A) the term `infertility' means--
``(i) the inability to conceive a pregnancy after
12 months of regular sexual relations without
contraception or to carry a pregnancy to a live birth;
or
``(ii) the presence of a demonstrated condition
determined by 2 physicians (at least 1 of whom
specializes in infertility) to cause infertility; and
``(B) the term `nonexperimental assisted reproductive
technology procedure' means in vitro fertilization, gamete
intrafallopian transfer, zygote intrafallopian transfer, and
any other clinical treatment or procedure the safety and
efficacy of which are recognized by the American Society for
Reproductive Medicine, the American College of Obstetricians
and Gynecologists, or any other similar nationally-recognized
organization, or a Federal agency described in paragraph
(2)(B)(iii).
``(b) The Secretary of Defense shall prescribe any regulations
necessary to carry out this section.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1110a. Obstetrical and infertility benefits.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
contracts entered into or renewed for any year beginning after the end
of the 6-month period beginning on the date of enactment of this Act. | Infertility Coverage for Federal Employees, Military Personnel, and their Families Act - Requires any health benefits plan under the Federal Employees Health Benefit Program or TRICARE (a Department of Defense managed health care program) that provides obstetrical benefits to also provide coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures. | To amend chapter 89 of title 5, United States Code, and chapter 55 of title 10, United States Code, to provide that any health benefits plan which provides obstetrical benefits shall be required also to provide coverage for the diagnosis and treatment of infertility. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Communities and Safe Schools
Mercury Reduction Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Mercury is a naturally occurring element and
bioaccumulative toxin that is easily absorbed through skin and
respiratory and gastrointestinal tissues.
(2) Although mercury is naturally occurring, studies have
shown that its concentration has increased dramatically over
the past 150 to 200 years due to mining and industrial
activities.
(3) Common sources of mercury released into the environment
include breakage of mercury-containing products like
fluorescent bulbs and thermometers, the manufacturing of
mercury-containing products, and incineration of mercury-
containing products.
(4) According to recent studies, mercury deposits are a
significant public health threat in many States throughout the
United States.
(5) Fetuses, infants, and young children are at the
greatest risk from chronic low level mercury exposure.
(6) A study by the Centers for Disease Control and
Prevention found that approximately 8 percent of women of
childbearing age in the United States had mercury levels
exceeding the level considered safe by the Environmental
Protection Agency for protecting the fetus. This translates
into approximately 60,000 babies born each year in the United
States at risk of developmental harm due to mercury exposure in
the womb.
(7) A study published in the Journal of Obstetrics and
Gynecology found that elevated mercury exposures associated
with seafood could be linked to an increased risk of
infertility in both men and women.
(8) Mercury pollution is widespread. As of early 2003, 43
States had issued mercury fish consumption advisories for one
or more freshwater or marine fish.
(9) Mercury is the most common pollutant triggering fish
consumption advisories in the United States. The number of
mercury advisories has increased 138 percent from 1994 to 2002.
In 2002, mercury advisories covered 12,000,000 lake acres and
470,000 river miles.
(10) According to the Mercury Study Report, prepared by the
Environmental Protection Agency and submitted to Congress in
1997, mercury fever thermometers contribute approximately 17
tons of mercury to solid waste each year.
(11) Numerous mercury spills have been documented in
schools, often causing thousands of dollars to clean up. A
mercury spill in Washington, D.C., in September of 2003 cost
over $1,000,000 to clean up and resulted in a temporary school
closure of several weeks.
(12) Mercury-containing thermostats generally contain 3
grams of mercury, which is enough mercury to poison a 60 acre
lake for one year.
(13) Automobile scrapping is the fourth largest source of
mercury pollution nationwide, behind waste incineration, coal-
fired power plants, and commercial and industrial boilers. It
is estimated that about 20,000 pounds of automotive mercury are
released each year in the United States.
SEC. 3. GRANT PROGRAM.
(a) Establishment.--The Administrator of the Environmental
Protection Agency (in this Act referred to as the ``Administrator'')
shall establish a program for making renewable grants to governmental
and nonprofit agencies and organizations, and to for-profit entities,
for projects to--
(1) reduce harmful free-flowing elemental mercury and
mercury-added products from the environment;
(2) safely dispose of or recycle harmful mercury;
(3) educate communities and citizens about the harmful
effects of mercury;
(4) develop and carry out a plan, in accordance with
guidance provided by the Administrator under section 5, on how
to eliminate free flowing mercury and instruments containing
mercury from the premises of K-12 public and private schools;
(5) carry out a mercury thermometer exchange program; or
(6) facilitate the recovery and safe disposal and
management of mercury-added components from automobiles.
(b) Procedures and Selection Criteria.--The Administrator shall
establish procedures for the selection of grant recipients under this
section, including requirements that appropriate records and
information be made available to the Administrator as necessary to
ensure that grant funds are used for the purposes for which they are
provided. Criteria for selection shall include--
(1) strengths and weaknesses of the project;
(2) adequacy of overall project design;
(3) competency of proposed staff;
(4) suitability of applicant's available resources;
(5) appropriateness of the proposed project duration and
budget; and
(6) probability that the project will accomplish stated
objectives.
(c) Recycling Programs.--Funds provided through a grant provided
under this section may be used for a recycling program only if more
than 50 percent of the total material recycled under the program is
mercury.
(d) Automobile Components.--The Administrator shall encourage
States to develop programs that facilitate the recovery and safe
disposal and management of mercury-added component parts from
automobiles. These programs should target the removal of mercury-added
components when they are being replaced or removed from scrapped
vehicles.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator for carrying out this section
$75,000,000 for each of the fiscal years 2006 through 2009.
SEC. 4. SALE OF THERMOMETERS; THERMOSTAT REPLACEMENT AND RECYCLING.
(a) In General.--Subtitle C of the Solid Waste Disposal Act (42
U.S.C. 6921 et seq.) is amended by adding at the end the following:
``SEC. 3024. MERCURY.
``(a) Sale of Thermometers.--Effective beginning 180 days after the
date of enactment of this section--
``(1) a person shall not sell or supply a mercury fever
thermometer to a consumer, except by prescription; and
``(2) with each mercury fever thermometer sold or supplied
by prescription, the manufacturer of the thermometer shall
provide clear instructions on--
``(A) careful handling of the thermometer to avoid
breakage; and
``(B) proper cleanup of the thermometer and its
contents in the event of breakage.
``(b) Thermostat Replacement.--Effective beginning 2 years after
the date of enactment of this section--
``(1) a contractor who replaces a building thermostat in a
residential or commercial building shall dispose of the
replaced thermostat through a recycling program established or
participated in under paragraph (2); and
``(2) each manufacturer of building thermostats for
installation in a residential or commercial building shall--
``(A) establish or participate in a program for the
safe and environmentally responsible recycling of
thermostats replaced by the manufacturer's thermostats;
and
``(B) establish or participate in a program to
clearly educate individuals who sell or install the
manufacturer's thermostats about the program
established under subparagraph (A).''.
(b) Conforming Amendment.--Section 1001 of the Solid Waste Disposal
Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items
relating to subtitle C the following:
``Sec. 3024. Mercury.''.
SEC. 5. SCHOOL PREMISES GUIDANCE.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall publish guidance to assist State and local
governments to remove elemental free-flowing mercury and mercury-added
instruments from the premises of public and private schools.
Thermostats, computers, and motorized vehicles shall not be considered
instruments for the purposes of this section.
SEC. 6. ANNUAL REPORT.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Administrator, after obtaining necessary
information from appropriate State agencies, shall transmit to the
Congress a report on the progress made under this Act. Such report
shall include--
(1) an executive summary;
(2) a brief description of the background of this Act;
(3) a State-by-State progress summary of mercury reduction
efforts relating to this Act, including a quantitative analysis
of the amount of mercury eliminated, recycled, or disposed of
in each State, and an identification of the method or program
responsible;
(4) a description of grants and amounts awarded under
section 3, and of the criteria used for awarding those grants;
(5) a summary of a few selected mercury reduction programs
that received grants, with a description of the success or
problems each program had;
(6) a detailed financial reporting of total administration
costs of carrying out this Act;
(7) a joint summary, by the Administrator and appropriate
State officials, that describes the coordination and
communication progress and problems between the Federal and
State Governments in carrying out this Act; and
(8) recommendations for greater efficiency or improvement
of administration of this Act.
SEC. 7. MERCURY AMALGAM REDUCTION.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Administrator shall issue guidelines that specify
requirements for dentists to capture 90 percent or more of mercury-
laden amalgam when administering amalgam to, or recovering amalgam
from, their patients.
(b) Considerations.--The guidelines described in subsection (a)
shall take into account--
(1) Federal, State, and local mercury-laden amalgam
programs in existence;
(2) current use of mercury-laden amalgam by dentists;
(3) current waste management practices used by dental
offices and their mercury-laden amalgam capture rates;
(4) the number of technologies that capture mercury-laden
amalgam, and their availability, capture rates, and
affordability;
(5) the economic costs to dental offices in meeting the 90
percent capture requirements;
(6) structural designs of office buildings that may
restrict technologies that can be used to capture mercury-laden
amalgam;
(7) implementing a process in which dental offices can
request an exemption waiver from meeting these requirements;
(8) geographic areas where the bioaccumulation of mercury-
laden amalgam is more likely; and
(9) lack of recycling or waste management programs or
infrastructure that supports the safe removal and management of
mercury-laden amalgam within reasonable proximities to dental
offices. | Safe Communities and Safe Schools Mercury Reduction Act of 2005 - Requires the Administrator of the Environmental Protection Agency (EPA) to establish a grant program for projects to: (1) reduce free-flowing elemental mercury and mercury-added products from the environment; (2) safely dispose of or recycle mercury; (3) educate communities and citizens about mercury's harmful effects; (4) develop and carry out a plan for eliminating free-flowing mercury and instruments containing mercury from K-12 public and private schools; (5) carry out a mercury thermometer exchange program; or (6) facilitate the recovery, and safe disposal and management, of mercury-added components from automobiles.
Directs the Administrator to encourage States to develop programs that facilitate the recovery and safe disposal and management of mercury-added component parts from automobiles when components are being replaced or removed from scrapped vehicles.
Amends the Solid Waste Disposal Act to: (1) prohibit the sale or supplying of mercury fever thermometers to consumers except by prescription; and (2) require manufacturers of such prescribed thermometers to provide instructions on careful handling to avoid breakage and proper cleanup in the event of breakage. Requires contractors who replace building thermostats in residential or commercial buildings to dispose of replaced thermometers through recycling programs established or participated in by building thermostat manufacturers as required by this Act.
Requires the Administrator to publish guidance to assist State and local governments in removing elemental free-flowing mercury and mercury-added instruments from public and private schools.
Directs the Administrator to issue regulations requiring dentists to capture 90 percent or more of mercury-laden amalgam when administering amalgam to or recovering amalgam from patients. Sets forth considerations that such guidelines shall take into account. | To provide for the reduction of mercury in the environment. |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``National
Transportation Safety Board Amendments Act of 2000''.
(b) References.--Except as otherwise specifically 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 of law, the
reference shall be considered to be made to a section or other
provision of title 49, United States Code.
SEC. 2. DEFINITIONS.
Section 1101 is amended to read as follows:
``Sec. 1101. Definitions
``Section 2101(17a) of title 46 and section 40102(a) of this title
apply to this chapter. In this chapter, the term `accident' includes
damage to or destruction of vehicles in surface or air transportation
or pipelines, regardless of whether the initiating event is accidental
or otherwise.''.
SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS.
(a) In General.--Section 1113(b)(1)(I) is amended to read as
follows:
``(I) negotiate and enter into agreements with individuals
and private entities and departments, agencies, and
instrumentalities of the Government, State and local
governments, and governments of foreign countries for the
provision of facilities, accident-related and technical
services or training in accident investigation theory and
techniques, and require that such entities provide appropriate
consideration for the reasonable costs of any facilities,
goods, services, or training provided by the Board.''.
(b) Deposit of Amounts.--
(1) Section 1113(b)(2) is amended--
(A) by inserting ``as offsetting collections'' after ``to
be credited''; and
(B) by adding after ``Board.'' the following: ``The Board
shall maintain an annual record of collections received under
paragraph (1)(I) of this subsection.''.
(2) Section 1114(a) is amended--
(A) by inserting ``(1)'' before ``Except''; and
(B) by adding at the end thereof the following:
``(2) The Board shall deposit in the Treasury amounts received
under paragraph (1) to be credited to the appropriation of the
Board as offsetting collections.''.
(3) Section 1115(d) is amended by striking ``of the `National
Transportation Safety Board, Salaries and Expenses''' and inserting
``of the Board''.
SEC. 4. OVERTIME PAY.
Section 1113 is amended by adding at the end the following:
``(g) Overtime Pay.--
``(1) In general.--Subject to the requirements of this section
and notwithstanding paragraphs (1) and (2) of section 5542(a) of
title 5, for an employee of the Board whose basic pay is at a rate
which equals or exceeds the minimum rate of basic pay for GS-10 of
the General Schedule, the Board may establish an overtime hourly
rate of pay for the employee with respect to work performed at the
scene of an accident (including travel to or from the scene) and
other work that is critical to an accident investigation in an
amount equal to one and one-half times the hourly rate of basic pay
of the employee. All of such amount shall be considered to be
premium pay.
``(2) Limitation on overtime pay to an employee.--An employee
of the Board may not receive overtime pay under paragraph (1), for
work performed in a calendar year, in an amount that exceeds 15
percent of the annual rate of basic pay of the employee for such
calendar year.
``(3) Limitation on total amount of overtime pay.--The Board
may not make overtime payments under paragraph (1) for work
performed in any fiscal year in a total amount that exceeds 1.5
percent of the amount appropriated to carry out this chapter for
that fiscal year.
``(4) Basic pay defined.--In this subsection, the term `basic
pay' includes any applicable locality-based comparability payment
under section 5304 of title 5 (or similar provision of law) and any
special rate of pay under section 5305 of title 5 (or similar
provision of law).
``(5) Annual report.--Not later than January 31, 2002, and
annually thereafter, the Board shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the House
Transportation and Infrastructure Committee a report identifying
the total amount of overtime payments made under this subsection in
the preceding fiscal year, and the number of employees whose
overtime pay under this subsection was limited in that fiscal year
as a result of the 15 percent limit established by paragraph
(2).''.
SEC. 5. RECORDERS.
(a) Cockpit Video Recordings.--Section 1114(c) is amended--
(1) by striking ``Voice'' in the subsection heading;
(2) by striking ``cockpit voice recorder'' in paragraphs (1)
and (2) and inserting ``cockpit voice or video recorder''; and
(3) by inserting ``or any written depiction of visual
information'' after ``transcript'' in the second sentence of
paragraph (1).
(b) Surface Vehicle Recordings and Transcripts.--
(1) In general.--Section 1114 is amended--
(A) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(B) by inserting after subsection (e) the following:
``(d) Surface Vehicle Recordings and Transcripts.--
``(1) Confidentiality of recordings.--The Board may not
disclose publicly any part of a surface vehicle voice or video
recorder recording or transcript of oral communications by or among
drivers, train employees, or other operating employees responsible
for the movement and direction of the vehicle or vessel, or between
such operating employees and company communication centers, related
to an accident investigated by the Board. However, the Board shall
make public any part of a transcript or any written depiction of
visual information that the Board decides is relevant to the
accident--
``(A) if the Board holds a public hearing on the accident,
at the time of the hearing; or
``(B) if the Board does not hold a public hearing, at the
time a majority of the other factual reports on the accident
are placed in the public docket.
``(2) References to information in making safety
recommendations.--This subsection does not prevent the Board from
referring at any time to voice or video recorder information in
making safety recommendations.''.
(2) Conforming amendment.--The first sentence of section
1114(a) is amended by striking ``and (e)'' and inserting ``(d), and
(f)''.
(c) Discovery and Use of Cockpit and Surface Vehicle Recordings and
Transcripts.--
(1) In general.--Section 1154 is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 1154. Discovery and use of cockpit and surface vehicle
recordings and transcripts'';
(B) by striking ``cockpit voice recorder'' each place it
appears in subsection (a) and inserting ``cockpit or surface
vehicle recorder'';
(C) by striking ``section 1114(c)'' each place it appears
in subsection (a) and inserting ``section 1114(c) or 1114(d)'';
and
(D) by adding at the end the following:
``(6) In this subsection:
``(A) Recorder.--The term `recorder' means a voice or video
recorder.
``(B) Transcript.--The term `transcript' includes any
written depiction of visual information obtained from a video
recorder.''.
(2) Conforming amendment.--The chapter analysis for chapter 11
is amended by striking the item relating to section 1154 and
inserting the following:
``1154. Discovery and use of cockpit and surface vehicle recordings and
transcripts.''.
SEC. 6. PRIORITY OF INVESTIGATIONS.
(a) In General.--Section 1131(a)(2) is amended--
(1) by striking ``(2) An investigation'' and inserting:
``(2)(A) Subject to the requirements of this paragraph, an
investigation''; and
(2) by adding at the end the following:
``(B) If the Attorney General, in consultation with the
Chairman of the Board, determines and notifies the Board that
circumstances reasonably indicate that the accident may have
been caused by an intentional criminal act, the Board shall
relinquish investigative priority to the Federal Bureau of
Investigation. The relinquishment of investigative priority by
the Board shall not otherwise affect the authority of the Board
to continue its investigation under this section.
``(C) If a Federal law enforcement agency suspects and
notifies the Board that an accident being investigated by the
Board under subparagraph (A), (B), (C), or (D) of paragraph (1)
may have been caused by an intentional criminal act, the Board,
in consultation with the law enforcement agency, shall take
necessary actions to ensure that evidence of the criminal act
is preserved.''.
(b) Revision of 1977 Agreement.--Not later than 1 year after the
date of the enactment of this Act, the National Transportation Safety
Board and the Federal Bureau of Investigation shall revise their 1977
agreement on the investigation of accidents to take into account the
amendments made by this Act.
SEC. 7. PUBLIC AIRCRAFT INVESTIGATION CLARIFICATION.
Section 1131(d) is amended by striking ``1134(b)(2)'' and inserting
``1134 (a), (b), (d), and (f)''.
SEC. 8. MEMORANDUM OF UNDERSTANDING.
Not later than 1 year after the date of the enactment of this Act,
the National Transportation Safety Board and the United States Coast
Guard shall revise their Memorandum of Understanding governing major
marine accidents--
(1) to redefine or clarify the standards used to determine when
the National Transportation Safety Board will lead an
investigation; and
(2) to develop new standards to determine when a major marine
accident involves significant safety issues relating to Coast Guard
safety functions.
SEC. 9. TRAVEL BUDGETS.
The Chairman of the National Transportation Safety Board shall
establish annual fiscal year budgets for non-accident-related travel
expenditures for Board members which shall be approved by the Board and
submitted to the Senate Committee on Commerce, Science, and
Transportation and to the House of Representatives Committee on
Transportation and Infrastructure together with an annual report
detailing the non-accident-related travel of each Board member. The
report shall include separate accounting for foreign and domestic
travel, including any personnel or other expenses associated with that
travel.
SEC. 10. CHIEF FINANCIAL OFFICER.
Section 1111 is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Chief Financial Officer.--The Chairman shall designate an
officer or employee of the Board as the Chief Financial Officer. The
Chief Financial Officer shall--
``(1) report directly to the Chairman on financial management
and budget execution;
``(2) direct, manage, and provide policy guidance and oversight
on financial management and property and inventory control; and
``(3) review the fees, rents, and other charges imposed by the
Board for services and things of value it provides, and suggest
appropriate revisions to those charges to reflect costs incurred by
the Board in providing those services and things of value.''.
SEC. 11. IMPROVED AUDIT PROCEDURES.
The National Transportation Safety Board, in consultation with the
Inspector General of the Department of Transportation, shall develop
and implement comprehensive internal audit controls for its financial
programs based on the findings and recommendations of the private
sector audit firm contract entered into by the Board in March, 2000.
The improved internal audit controls shall, at a minimum, address Board
asset management systems, including systems for accounting management,
debt collection, travel, and property and inventory management and
control.
SEC. 12. AUTHORITY OF THE INSPECTOR GENERAL.
(a) In General.--Subchapter III of chapter 11 of subtitle II is
amended by adding at the end the following:
``Sec. 1137. Authority of the Inspector General
``(a) In General.--The Inspector General of the Department of
Transportation, in accordance with the mission of the Inspector General
to prevent and detect fraud and abuse, shall have authority to review
only the financial management, property management, and business
operations of the National Transportation Safety Board, including
internal accounting and administrative control systems, to determine
compliance with applicable Federal laws, rules, and regulations.
``(b) Duties.--In carrying out this section, the Inspector General
shall--
``(1) keep the Chairman of the Board and Congress fully and
currently informed about problems relating to administration of the
internal accounting and administrative control systems of the
Board;
``(2) issue findings and recommendations for actions to address
such problems; and
``(3) report periodically to Congress on any progress made in
implementing actions to address such problems.
``(c) Access to Information.--In carrying out this section, the
Inspector General may exercise authorities granted to the Inspector
General under subsections (a) and (b) of section 6 of the Inspector
General Act of 1978 (5 U.S.C. App.).
``(d) Reimbursement.--The Inspector General shall be reimbursed by
the Board for the costs associated with carrying out activities under
this section.''.
(b) Conforming Amendment.--The subchapter analysis for such
subchapter is amended by adding at the end the following:
``1137. Authority of the Inspector General.''.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
Section 1118 is amended to read as follows:
``Sec. 1118. Authorization of appropriations
``(a) In General.--There are authorized to be appropriated for the
purposes of this chapter $57,000,000 for fiscal year 2000, $65,000,000
for fiscal year 2001, and $72,000,000 for fiscal year 2002, such sums
to remain available until expended.
``(b) Emergency Fund.--The Board has an emergency fund of
$2,000,000 available for necessary expenses of the Board, not otherwise
provided for, for accident investigations. Amounts equal to the amounts
expended annually out of the fund are authorized to be appropriated to
the emergency fund.''.
SEC. 14. CREDITING OF LAW ENFORCEMENT FLIGHT TIME.
In determining whether an individual meets the aeronautical
experience requirements imposed under section 44703 of title 49, United
States Code, for an airman certificate or rating, the Secretary of
Transportation shall take into account any time spent by that
individual operating a public aircraft as defined in section 40102 of
title 49, United States Code, if that aircraft is--
(1) identifiable by category and class; and
(2) used in law enforcement activities.
SEC. 15. TECHNICAL CORRECTION.
Section 46301(d)(2) of title 49, United States Code, is amended by
striking ``46302, 46303,'' and inserting ``46301(b), 46302, 46303,
46318,''.
SEC. 16. CONFIRMATION OF INTERIM FINAL RULE ISSUANCE UNDER SECTION
45301.
The publication, by the Department of Transportation, Federal
Aviation Administration, in the Federal Register of June 6, 2000 (65 FR
36002) of an interim final rule concerning Fees for FAA Services for
Certain Flights (Docket No. FAA-00-7018) is deemed to have been issued
in accordance with the requirements of section 45301(b)(2) of title 49,
United States Code.
SEC. 17. AERONAUTICAL CHARTING.
(a) In General.--Section 44721 of title 49, United States Code, is
amended--
(1) by striking paragraphs (3) and (4) of subsection (c); and
(2) by adding at the end of subsection (g)(1) the following:
``(D) Continuation of prices.--The price of any product
created under subsection (d) may correspond to the price of a
comparable product produced by a department of the United
States Government as that price was in effect on September 30,
2000, and may remain in effect until modified by regulation
under section 9701 of title 31, United States Code.''; and
(3) by adding at the end of subsection (g) the following:
``(5) Crediting amounts received.--Notwithstanding any other
provision of law, amounts received for the sale of products created
and services performed under this section shall be fully credited
to the account of the Federal Aviation Administration that funded
the provision of the products or services and shall remain
available until expended.''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on October 1, 2000.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (Sec. 4) Authorizes the Board, for an employee whose basic pay equals or exceeds the minimum rate for GS-10 of the General Schedule, to establish an overtime hourly rate of time-and-a-half (which shall be considered premium pay), up to a specified annual limit, with respect to work performed at the scene of an accident (including travel to or from the scene) and other work critical to an accident investigation. Limits the total amount of overtime pay that can be paid out in any given fiscal year.
(Sec. 5) Extends to cockpit video recordings or written depictions of visual information the same disclosure limitations and requirements (including those applicable to discovery and use of such recordings or written depictions in judicial proceedings) that apply to cockpit voice recordings or transcripts of them. Extends such disclosure limitations and requirements to surface vehicle voice or video recorder recordings or transcripts of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, related to an accident investigated by the Board.
(Sec. 6) Revises the Board's current investigative priority over other Federal agencies to require the Board to relinquish such priority to the Federal Bureau of Investigation if the Attorney General determines that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act. Requires the Board to take necessary actions to ensure that evidence is preserved if a Federal law enforcement agency suspects and notifies the Board that an accident the Board is investigating may have been caused by an intentional criminal act.
(Sec. 7) Revises the duties and powers of the Board with respect to accidents involving public aircraft.
(Sec. 8) Requires the Board and the U.S. Coast Guard to revise their Memorandum of Understanding governing major marine accidents to: (1) to redefine or clarify the standards used to determine when the Board will lead an investigation; and (2) develop new standards to determine when a major marine accident involves significant safety issues relating to Coast Guard safety functions.
(Sec. 9) Directs the Chairman of the Board to establish annual fiscal year budgets for approved non-accident-related travel expenditures for Board members, and report annually to specified congressional committees on the non-accident-related travel of each Board member, with separate accounting for foreign and domestic travel.
(Sec. 10) Requires the Board Chairman to designate an officer or employee of the Board as the Chief Financial Officer, who shall perform specified duties.
(Sec. 11) Directs the Board to develop and implement comprehensive internal audit controls for its financial programs based on the findings and recommendations of the private sector audit firm contract entered into by the Board in March, 2000. Requires the improved internal audit controls, at a minimum, to address Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control.
(Sec. 12) Grants the Inspector General of the Department of Transportation authority to review only the Board's financial management, property management, and business operations.
(Sec. 13) Authorizes appropriations for the Board through FY 2002. Increases from $1 million to $2 million the Board's emergency fund for accident investigations.
(Sec. 14) Requires the Secretary in determining whether a pilot meets certain aeronautical experience requirements for a pilot certificate or rating to take into account time spent by such pilot operating a public aircraft that meets certain criteria.
(Sec. 16) Declares that the publication by the Federal Aviation Administration (FAA) of an interim final rule concerning Fees for FAA Services for Certain Flights (Docket No. FAA-00-7018) in the Federal Register of June 6, 2000, shall be deemed in compliance with certain publication and public comment requirements.
(Sec. 17) Sets forth requirements with respect to: (1) the continuation of sale prices (in effect as of September 30, 2000) for aeronautical maps and charts produced by the Office of Aeronautical Charting and Cartography of the National Oceanic and Atmospheric Administration; and (2) the crediting of amounts received from the sale of aeronautical charts and related products and services. | National Transportation Safety Board Amendments Act of 2000 |
SECTION 1. ESTABLISHMENT OF TOLL FREE NUMBER PILOT PROGRAM.
(a) Establishment.--If the Secretary of Commerce determines, on the
basis of comments submitted in rulemaking under section 2, that--
(1) interest among manufacturers is sufficient to warrant
the establishment of a 3-year toll free number pilot program,
and
(2) manufacturers will provide fees under section 2(c) so
that the program will operate without cost to the Federal
Government,
the Secretary shall establish such program solely to help inform
consumers whether a product is made in America or the equivalent
thereof. The Secretary shall publish the toll-free number by notice in
the Federal Register.
(b) Contract.--The Secretary of Commerce shall enter into a
contract for--
(1) the establishment and operation of the toll free number
pilot program provided for in subsection (a), and
(2) the registration of products pursuant to regulations
issued under section 2,
which shall be funded entirely from fees collected under section 2(c).
(c) Use.--The toll free number shall be used solely to inform
consumers as to whether products are registered under section 2 as made
in America or the equivalent thereof. Consumers shall also be informed
that registration of a product does not mean--
(1) that the product is endorsed or approved by the
Government,
(2) that the Secretary has conducted any investigation to
confirm that the product is a product which meets the
definition of made in America or the equivalent thereof, or
(3) that the product contains 100 percent United States
content.
SEC. 2. REGISTRATION.
(a) Proposed Regulation.--The Secretary of Commerce shall propose a
regulation--
(1) to establish a procedure under which the manufacturer
of a product may voluntarily register such product as complying
with the definition of a product made in America or the
equivalent thereof and have such product included in the
information available through the toll free number established
under section 1(a);
(2) to establish, assess, and collect a fee to cover all
the costs (including start-up costs) of registering products
and including registered products in information provided under
the toll-free number;
(3) for the establishment under section 1(a) of the toll-
free number pilot program; and
(4) to solicit views from the private sector concerning the
level of interest of manufacturers in registering products
under the terms and conditions of paragraph (1).
(b) Promulgation.--If the Secretary determines based on the
comments on the regulation proposed under subsection (a) that the toll-
free number pilot program and the registration of products is
warranted, the Secretary shall promulgate such regulations.
(c) Registration Fee.--
(1) In general.--Manufacturers of products included in
information provided under section 1 shall be subject to a fee
imposed by the Secretary of Commerce to pay the cost of
registering products and including them in information provided
under subsection (a).
(2) Amount.--The amount of fees imposed under paragraph (1)
shall--
(A) in the case of a manufacturer, not be greater
than the cost of registering the manufacturer's product
and providing product information directly attributable
to such manufacturer, and
(B) in the case of the total amount of fees, not be
greater than the total amount appropriated to the
Secretary of Commerce for salaries and expenses
directly attributable to registration of manufacturers
and having products included in the information
provided under section 1(a).
(3) Crediting and availability of fees.--
(A) In general.--Fees collected for a fiscal year
pursuant to paragraph (1) shall be credited to the
appropriation account for salaries and expenses of the
Secretary of Commerce and shall be available in
accordance with appropriation Acts until expended
without fiscal year limitation.
(B) Collections and appropriation acts.--The fees
imposed under paragraph (1)--
(i) shall be collected in each fiscal year
in an amount equal to the amount specified in
appropriation Acts for such fiscal year, and
(ii) shall only be collected and available
for the costs described in paragraph (2).
SEC. 3. PENALTY.
Any manufacturer of a product who knowingly registers a product
under section 2 which is not made in America or the equivalent
thereof--
(1) shall be subject to a civil penalty of not more than
$7500 which the Secretary of Commerce may assess and collect,
and
(2) shall not offer such product for purchase by the
Federal Government.
SEC. 4. DEFINITION.
For purposes of this Act:
(1) The term ``made in America or the equivalent thereof'',
with respect to a product, has the meaning given such term for
purposes of laws administered by the Federal Trade Commission.
(2) The term ``product'' means a product with a retail
value of at least $250.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or in any regulation promulgated under section
2 shall be construed to alter, amend, modify, or otherwise affect in
any way, the Federal Trade Commission Act or the opinions, decisions,
rules, or any guidance issued by the Federal Trade Commission regarding
the use of the term ``made in America or the equivalent thereof'' in
labels on products introduced, delivered for introduction, sold,
advertised, or offered for sale in commerce.
Passed the House of Representatives September 4, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Directs the Secretary of Commerce, on determining sufficient manufacturer interest, to contract for the establishment of a three-year toll-free number pilot program, funded entirely by manufacturers, to inform consumers whether a product is made in America or the equivalent. Provides for voluntary product registration by manufacturers and collection from manufacturers of fees sufficient to cover registration costs. Imposes penalties for knowingly registering a product that is not American made. | To establish a toll free number in the Department of Commerce to assist consumers in determining if products are American-made. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bend Pine Nursery Land Conveyance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(2) State.--The term ``State'' means the State of Oregon.
SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.
(a) In General.--The Secretary may, under such terms and conditions
as the Secretary may prescribe, sell or exchange any or all right,
title, and interest of the United States in and to the following
National Forest System land and improvements:
(1) Tract A, Bend Pine Nursery, comprising approximately 210
acres, as depicted on site plan map entitled ``Bend Pine Nursery
Administrative Site, May 13, 1999''.
(2) Tract B, the Federal Government owned structures located at
Shelter Cove Resort, Deschutes National Forest, buildings only, as
depicted on site plan map entitled ``Shelter Cove Resort, November
3, 1997''.
(3) Tract C, portions of isolated parcels of National Forest
Land located in Township 20 south, Range 10 East section 25 and
Township 20 South, Range 11 East sections 8, 9, 16, 17, 20, and 21
consisting of approximately 1,260 acres, as depicted on map
entitled ``Deschutes National Forest Isolated Parcels, January 1,
2000''.
(4) Tract D, Alsea Administrative Site, consisting of
approximately 24 acres, as depicted on site plan map entitled
``Alsea Administrative Site, May 14, 1999''.
(5) Tract F, Springdale Administrative Site, consisting of
approximately 3.6 acres, as depicted on site plan map entitled
``Site Development Plan, Columbia Gorge Ranger Station, April 22,
1964''.
(6) Tract G, Dale Administrative Site, consisting of
approximately 37 acres, as depicted on site plan map entitled
``Dale Compound, February 1999''.
(7) Tract H, Crescent Butte Site, consisting of approximately
.8 acres, as depicted on site plan map entitled ``Crescent Butte
Communication Site, January 1, 2000''.
(b) Consideration.--Consideration for a sale or exchange of land
under subsection (a) may include the acquisition of land, existing
improvements, or improvements constructed to the specifications of the
Secretary.
(c) Applicable Law.--Except as otherwise provided in this Act, any
sale or exchange of National Forest System land under subsection (a)
shall be subject to the laws (including regulations) applicable to the
conveyance and acquisition of land for the National Forest System.
(d) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept a cash equalization payment in excess of 25
percent of the value of land exchanged under subsection (a).
(e) Solicitations of Offers.--
(1) In general.--Subject to paragraph (3), the Secretary may
solicit offers for sale or exchange of land under this section on
such terms and conditions as the Secretary may prescribe.
(2) Rejection of offers.--The Secretary may reject any offer
made under this section if the Secretary determines that the offer
is not adequate or not in the public interest.
(3) Right of first refusal.--The Bend Metro Park and Recreation
District in Deschutes County, Oregon, shall be given the right of
first refusal to purchase the Bend Pine Nursery described in
subsection (a)(1).
(f) Revocations.--
(1) In general.--Any public land order withdrawing land
described in subsection (a) from all forms of appropriation under
the public land laws is revoked with respect to any portion of the
land conveyed by the Secretary under this section.
(2) Effective date.--The effective date of any revocation under
paragraph (1) shall be the date of the patent or deed conveying the
land.
SEC. 4. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or exchange under section 3(a) in the fund established under
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk
Act'').
(b) Use of Proceeds.--Funds deposited under subsection (a) shall be
available to the Secretary, without further Act of appropriation, for--
(1) the acquisition, construction, or improvement of
administrative and visitor facilities and associated land in
connection with the Deschutes National Forest;
(2) the construction of a bunkhouse facility in the Umatilla
National Forest; and
(3) to the extent the funds are not necessary to carry out
paragraphs (1) and (2), the acquisition of land and interests in
land in the State.
(c) Administration.--Subject to valid existing rights, the
Secretary shall manage any land acquired by purchase or exchange under
this Act in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et
seq.) (commonly known as the ``Weeks Act'') and other laws (including
regulations) pertaining to the National Forest System.
SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES.
The Secretary may acquire, construct, or improve administrative
facilities and associated land in connection with the Deschutes
National Forest System by using--
(1) funds made available under section 4(b); and
(2) to the extent the funds are insufficient to carry out the
acquisition, construction, or improvement, funds subsequently made
available for the acquisition, construction, or improvement.
SEC. 6. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | States that consideration may include land or improvements, and permits a cash equalization payment exceeding 25 percent of the exchanged land.
Grants right of first refusal to purchase the Bend Pine Nursery to the Bend Metro Park and Recreation District in Deschutes County, Oregon.
(Sec. 4) Requires proceeds to be deposited in the fund established under the Sisk Act. Makes the proceeds from any such sale available to the Secretary without further appropriations Act for: (1) acquisition, construction, or improvement of visitor and administrative facilities and land in connection with the Deschutes National Forest; (2) construction of a bunkhouse facility in the Umatilla National Forest; and (3) acquisition of land and land interests in Oregon.
(Sec. 5) Authorizes the Secretary to use such proceeds or other funds subsequently made available to acquire, construct, or improve administrative facilities and related land in connection with the Deschutes National Forest System.
(Sec. 6) Authorizes appropriations. | Bend Pine Nursery Land Conveyance Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Surplus Preservation
and Debt Reduction Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the $69,246,000,000 unified budget surplus achieved in
fiscal year 1998 was entirely due to surpluses generated by the
social security trust funds and the cumulative unified budget
surpluses projected for subsequent fiscal years are primarily
due to surpluses generated by the social security trust funds;
(2) Congress and the President should balance the budget
excluding the surpluses generated by the social security trust
funds;
(3) according to the Congressional Budget Office, balancing
the budget excluding the surpluses generated by the social
security trust funds will reduce the debt held by the public by
a total of $1,723,000,000,000 by the end of fiscal year 2009;
and
(4) social security surpluses should be used to enhance
retirement security or to reduce the debt held by the public
and should not be spent on other programs.
SEC. 3. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS.
(a) Protection by Congress.--
(1) Reaffirmation of support.--Congress reaffirms its
support for the provisions of section 13301 of the Budget
Enforcement Act of 1990 that provides that the receipts and
disbursements of the social security trust funds shall not be
counted for the purposes of the budget submitted by the
President, the congressional budget, or the Balanced Budget and
Emergency Deficit Control Act of 1985.
(2) Protection of social security benefits.--If there are
sufficient balances in the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund, the Secretary of Treasury shall give priority to the
payment of social security benefits required to be paid by law.
(b) Points of Order.--Section 301 of the Congressional Budget Act
of 1974 is amended by adding at the end the following:
``(j) Social Security Point of Order.--It shall not be in order in
the House of Representatives or the Senate to consider a concurrent
resolution on the budget, an amendment thereto, or a conference report
thereon that violates section 13301 of the Budget Enforcement Act of
1990.
``(k) Debt Held by the Public Point of Order.--It shall not be in
order in the House of Representatives or the Senate to consider any
bill, joint resolution, amendment, motion, or conference report that
would--
``(1) increase the limit on the debt held by the public in
section 253A(a) of the Balanced Budget and Emergency Deficit
Control Act of 1985; or
``(2) provide additional borrowing authority that would
result in the limit on the debt held by the public in section
253A(a) of the Balanced Budget and Emergency Deficit Control
Act of 1985 being exceeded.
``(l) Social Security Surplus Protection Point of Order.--
``(1) In general.--It shall not be in order in the House of
Representatives or the Senate to consider a concurrent
resolution on the budget, an amendment thereto, or a conference
report thereon that sets forth a deficit in any fiscal year.
``(2) Exception.--Paragraph (1) shall not apply if--
``(A) the limit on the debt held by the public in
section 253A(a) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is suspended; or
``(B) the deficit for a fiscal year results solely
from the enactment of--
``(i) retirement security reform
legislation, as defined in section 253A(e)(2)
of the Balanced Budget and Emergency Deficit
Control Act of 1985; or
``(ii) provisions of legislation that are
designated as an emergency requirement pursuant
to section 251(b)(2)(A) or 252(e) of the
Balanced Budget and Emergency Deficit Control
Act of 1985.''.
SEC. 4. DEDICATION OF SOCIAL SECURITY SURPLUSES TO REDUCTION IN THE
DEBT HELD BY THE PUBLIC.
(a) Amendments to the Congressional Budget Act of 1974.--The
Congressional Budget Act of 1974 is amended--
(1) in section 3, by adding at the end the following:
``(11)(A) The term `debt held by the public' means the
outstanding face amount of all debt obligations issued by the
United States Government that are held by outside investors,
including individuals, corporations, State or local
governments, foreign governments, and the Federal Reserve
System.
``(B) For the purpose of this paragraph, the term `face
amount', for any month, of any debt obligation issued on a
discount basis that is not redeemable before maturity at the
option of the holder of the obligation is an amount equal to
the sum of--
``(i) the original issue price of the obligation;
plus
``(ii) the portion of the discount on the
obligation attributable to periods before the beginning
of such month.
``(12) The term `social security surplus' means the amount
for a fiscal year that receipts exceed outlays of the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.'';
(2) in section 301(a) by--
(A) redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectfully; and
(B) inserting after paragraph (5) the following:
``(6) the debt held by the public; and''; and
(3) in section 310(a) by--
(A) striking ``or'' at the end of paragraph (3);
(B) by redesignating paragraph (4) as paragraph
(5); and
(C) inserting the following new paragraph;
``(4) specify the amounts by which the statutory limit on
the debt held by the public is to be changed and direct the
committee having jurisdiction to recommend such change; or''.
(b) Amendments to the Balanced Budget and Emergency Deficit Control
Act of 1985.--The Balanced Budget and Emergency Deficit Control Act of
1985 is amended--
(1) in section 250, by striking subsection (b) and
inserting the following:
``(b) General Statement of Purpose.--This part provides for the
enforcement of--
``(1) a balanced budget excluding the receipts and
disbursements of the social security trust funds; and
``(2) a limit on the debt held by the public to ensure that
social security surpluses are used for retirement security
reform or to reduce debt held by the public and are not spent
on other programs.'';
(2) in section 250(c)(1), by inserting ``` debt held by the
public', `social security surplus''' after ``outlays',''; and
(3) by inserting after section 253 the following:
``SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT.
``(a) Limit.--The debt held by the public shall not exceed--
``(1) for the period beginning May 1, 2000 through April
30, 2001, $3,628,000,000,000;
``(2) for the period beginning May 1, 2001 through April
30, 2002, $3,512,000,000,000;
``(3) for the period beginning May 1, 2002 through April
30, 2004, $3,383,000,000,000;
``(4) for the period beginning May 1, 2004 through April
30, 2006, $3,100,000,000,000;
``(5) for the period beginning May 1, 2006 through April
30, 2008, $2,775,000,000,000; and,
``(6) for the period beginning May 1, 2008 through April
30, 2010, $2,404,000,000,000.
``(b) Adjustments for Actual Social Security Surplus Levels.--
``(1) Estimated levels.--The estimated level of social
security surpluses for the purposes of this section is--
``(A) for fiscal year 1999, $127,000,000,000;
``(B) for fiscal year 2000, $137,000,000,000;
``(C) for fiscal year 2001, $145,000,000,000;
``(D) for fiscal year 2002, $153,000,000,000;
``(E) for fiscal year 2003, $162,000,000,000;
``(F) for fiscal year 2004, $171,000,000,000;
``(G) for fiscal year 2005, $184,000,000,000;
``(H) for fiscal year 2006, $193,000,000,000;
``(I) for fiscal year 2007, $204,000,000,000;
``(J) for fiscal year 2008, $212,000,000,000; and
``(K) for fiscal year 2009, $218,000,000,000.
``(2) Adjustment to the limit for actual social security
surpluses.--After October 1 and no later than December 31 of
each year, the Secretary shall make the following calculations
and adjustments:
``(A) Calculation.--After the Secretary determines
the actual level for the social security surplus for
the current year, the Secretary shall take the
estimated level of the social security surplus for that
year specified in paragraph (1) and subtract that
actual level.
``(B) Adjustment.--
``(i) 2000 through 2004.--With respect to
the periods described in subsections (a)(1),
(a)(2), and (a)(3), the Secretary shall add the
amount calculated under subparagraph (A) to--
``(I) the limit set forth in
subsection (a) for the period of years
that begins on May 1st of the following
calendar year; and
``(II) each subsequent limit.
``(ii) 2004 through 2010.--With respect to
the periods described in subsections (a)(4),
(a)(5), and (a)(6), the Secretary shall add the
amount calculated under subparagraph (A) to--
``(I) the limit set forth in
subsection (a) for the period of years
that includes May 1st of the following
calendar year; and
``(II) each subsequent limit.
``(c) Adjustment to the Limit for Emergencies.--
``(1) Estimate of legislation.--
``(A) Calculation.--If legislation is enacted into
law that contains a provision that is designated as an
emergency requirement pursuant to section 251(b)(2)(A)
or 252(e), OMB shall estimate the amount the debt held
by the public will change as a result of the
provision's effect on the level of total outlays and
receipts excluding the impact on outlays and receipts
of the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund.
``(B) Baseline levels.--OMB shall calculate the
changes in subparagraph (A) relative to baseline levels
for each fiscal year through fiscal year 2010 using
current estimates.
``(C) Estimate.--OMB shall include the estimate
required by this paragraph in the report required under
section 251(a)(7) or section 252(d), as the case may
be.
``(2) Adjustment.--After January 1 and no later than May 1
of each calendar year beginning with calendar year 2000--
``(A) with respect to the periods described in
subsections (a)(1), (a)(2), and (a)(3), the Secretary
shall add the amounts calculated under paragraph (1)(A)
for the current year included in the report referenced
in paragraph (1)(C) to--
``(i) the limit set forth in subsection (a)
for the period of years that begins on May 1 of
that calendar year; and
``(ii) each subsequent limit; and
``(B) with respect to the periods described in
subsections (a)(4), (a)(5), and (a)(6), the Secretary
shall add the amounts calculated under paragraph (1)(A)
for the current year included in the report referenced
in paragraph (1)(C) to--
``(i) the limit set forth in subsection (a)
for the period of years that includes May 1 of
that calendar year; and
``(ii) each subsequent limit.
``(3) Exception.--The Secretary shall not make the
adjustments pursuant to this section if the adjustments for the
current year are less than the on-budget surplus for the year
before the current year.
``(d) Adjustment to the Limit for Low Economic Growth and War.--
``(1) Suspension of statutory limit on debt held by the
public.--
``(A) Low economic growth.--If the most recent of
the Department of Commerce's advance, preliminary, or
final reports of actual real economic growth indicate
that the rate of real economic growth for each of the
most recently reported quarter and the immediately
preceding quarter is less than 1 percent, the limit on
the debt held by the public established in this section
is suspended.
``(B) War.--If a declaration of war is in effect,
the limit on the debt held by the public established in
this section is suspended.
``(2) Restoration of statutory limit on debt held by the
public.--
``(A) Restoration of limit.--The statutory limit on
debt held by the public shall be restored on May 1
following the quarter in which the level of real Gross
Domestic Product in the final report from the
Department of Commerce is equal to or is higher than
the level of real Gross Domestic Product in the quarter
preceding the first two quarters that caused the
suspension of the pursuant to paragraph (1).
``(B) Adjustment.--
``(i) Calculation.--The Secretary shall
take level of the debt held by the public on
October 1 of the year preceding the date
referenced in subparagraph (A) and subtract the
limit in subsection (a) for the period of years
that includes the date referenced in
subparagraph (A).
``(ii) Adjustment.--The Secretary shall add
the amount calculated under clause (i) to--
``(I) the limit in subsection (a)
for the period of fiscal years that
includes the date referenced in
subparagraph (A); and
``(II) each subsequent limit.
``(e) Adjustment to the Limit for Retirement Security Reform
Provisions that Affect On-Budget Levels.--
``(1) Estimate of legislation.--
``(A) Calculation.--If retirement security reform
legislation is enacted, OMB shall estimate the amount
the debt held by the public will change as a result of
the legislation's effect on the level of total outlays
and receipts excluding the impact on outlays and
receipts of the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust
Fund.
``(B) Baseline levels.--OMB shall calculate the
changes in subparagraph (A) relative to baseline levels
for each fiscal year through fiscal year 2010 using
current estimates.
``(C) Estimate.--OMB shall include the estimate
required by this paragraph in the report required under
section 252(d) for retirement security reform
legislation.
``(2) Adjustment to limit on the debt held by the public.--
If retirement security reform legislation is enacted, the
Secretary shall adjust the limit on the debt held by the public
for each period of fiscal years by the amounts determined under
paragraph (1)(A) for the relevant fiscal years included in the
report referenced in paragraph (1)(C).
``(e) Definitions.--In this section:
``(1) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(2) Retirement security reform legislation.--The term
`retirement security reform legislation' means a bill or joint
resolution that is enacted into law and includes a provision
stating the following:
```( ) Retirement security reform legislation.--For the
purposes of the Social Security Surplus Preservation and Debt
Reduction Act, this Act constitutes retirement security reform
legislation.'
This paragraph shall apply only to the first bill or joint
resolution enacted into law as described in this paragraph.
``(3) Retirement security reform provisions.--The term
`retirement security reform provisions' means a provision or
provisions identified in retirement security reform legislation
stating the following:
```( ) Retirement security reform provisions.--For the
purposes of the Social Security Surplus Preservation and Debt
Reduction Act, ________ of this Act constitutes or constitute
social security reform provisions.', with a list of specific
provisions in that bill or joint resolution specified in the
blank space.''.
SEC. 5. PRESIDENT'S BUDGET.
Section 1105(f) of title 31, United States Code, is amended by
striking ``in a manner consistent'' and inserting ``in compliance''.
SEC. 6. SUNSET.
This Act and the amendments made by it shall expire on April 30,
2010. | Social Security Surplus Preservation and Debt Reduction Act - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate to consider a concurrent budget resolution (or amendment thereto or conference report thereon) that violates a provision of the Budget Enforcement Act of 1990 that provides that the receipts and disbursements of the Federal Old-Age and Survivors and Disability Insurance Trust Funds (social security trust funds) shall not be counted for purposes of the presidential or congressional budget or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Makes it out of order in the House or the Senate to consider any legislation that would: (1) increase the limit on the public debt under the Gramm-Rudman-Hollings Act; or (2) provide additional borrowing authority that would result in such limit being exceeded.
Makes it out of order in the House or the Senate to consider a concurrent budget resolution (or amendment thereto or conference report thereon) that sets forth a deficit for any fiscal year. Makes such point of order inapplicable if: (1) the public debt limit is suspended; or (2) the deficit for a fiscal year results solely from the enactment of retirement security reform legislation or provisions designated as emergency requirements.
Includes the level of public debt in the required content of the concurrent budget resolution. Requires the budget resolution to specify the amounts by which the limit on such debt is to be changed and direct the committee having jurisdiction to recommend such change.
Amends the Gramm-Rudman-Hollings Act to set forth: (1) limits on the public debt for specified periods through April 30, 2010; and (2) estimated levels of social security surpluses through FY 2009.
Provides for adjustments to the public debt limit based on actual social security surpluses and emergency requirements. Prohibits such adjustments if those for the current year are less than the on-budget surplus for the year before the current year.
Suspends the public debt limit in cases of low economic growth or war.
Provides for an adjustment to the public debt limit if retirement security reform legislation is enacted.
Sunsets this Act on April 30, 2010. | Social Security Surplus Preservation and Debt Reduction Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Victims of Corporate
Fraud Act''.
SEC. 2. SECURITIES AND EXCHANGE COMMISSION AUTHORITY TO PROVIDE RELIEF.
(a) Proceeds of S.E.C. Enforcement Actions.--If in any
administrative or judicial proceeding brought by the Securities and
Exchange Commission against--
(1) a corporation, or any officer, director, or principal
shareholder of such corporation, for any violation of the
securities laws; or
(2) the accounting firm performing audit services for such
corporation, any subsidiary or affiliate of such firm, or any
general or limited partner of such firm, subsidiary, or
affiliate, for any violation of the securities laws with
respect to any audit services performed for or in relation to
the corporation described in paragraph (1);
the Commission obtains an order providing for an accounting and
disgorgement of funds, such disgorgement fund (including any addition
to such fund required or permitted under this section) shall be
allocated in accordance with the requirements of this section.
(b) Priority for Former Employees of Corporation.--The Commission
shall, by rule, establish an allocation system for the disgorgement
fund. Such system shall provide that, in allocating the disgorgement
fund amount to the victims of the securities laws violations, the first
priority shall be given to individuals who were employed by the
corporation described in subsection (a)(1) or a subsidiary or affiliate
of such corporation, and who were participants in an individual account
plan established by such corporation, subsidiary, or affiliate. Such
allocations among such individuals shall be in proportion to the extent
to which the nonforfeitable accrued benefit of each such individual
under the plan was invested in the securities of such corporation,
subsidiary, or affiliate.
(c) Addition of Civil Penalties.--Any civil penalty assessed and
collected in any proceeding described in subsection (a) shall be added
to and become part of the disgorgement fund pursuant to section 308 of
the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7246), and shall be allocated
pursuant to subsection (b) of this section.
(d) Acceptance of Federal Campaign Contributions.--
(1) In general.--Section 313 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 439a) is amended by inserting
before ``or may be used'' the following: ``may be transferred
to any disgorgement fund which is required to be allocated in
accordance with the requirements of the ``Justice for Victims
of Corporate Fraud Act''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any amounts received by a candidate
at any time before, on, or after the date of the enactment of
this Act.
(e) Acceptance of Additional Donations.--The Commission is
authorized to accept, hold, administer, and utilize gifts, bequests,
and devises of property, both real and personal, to the United States
for the disgorgement fund. Gifts, bequests, and devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the disgorgement fund and shall be
available for allocation in accordance with subsection (b).
(f) Definitions.--As used in this section:
(1) Commission.--The term ``Commission'' means the
Securities Exchange Commission.
(2) Securities laws.--The term ``securities laws'' means
the Securities Act of 1933 (15 U.S.C. 78a et seq.), the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the
Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.), the
Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), the
Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.), the
Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa et
seq.), and the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201 et
seq.).
(3) Disgorgement fund.--The term ``disgorgement fund''
means a disgorgement fund established in any administrative or
judicial proceeding described in subsection (a).
(4) Subsidiary or affiliate.--The term ``subsidiary or
affiliate'' when used in relation to a person means any entity
that controls, is controlled by, or is under common control
with such person.
(5) Officer, director, or principal shareholder.--The term
``officer, director, or principal shareholder'' means any
person that is subject to the requirements of section 16 of the
Securities Exchange Act of 1934 (15 U.S.C. 78p) in relation to
the corporation described in section 2(a), or any subsidiary or
affiliate of such corporation.
(6) Nonforfeitable; accrued benefit; individual account
plan.--The terms ``nonforfeitable'', ``accrued benefit'', and
``individual account plan'' have the meanings provided such
terms, respectively, in paragraphs (19), (23), and (34) of
section 3 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002(19), (23), (34)). | Justice for Victims of Corporate Fraud Act - Directs the Securities Exchange Commission to establish an allocation system for any disgorgement fund that has been established pursuant to an order for an accounting and disgorgement of funds, and which is designated for victims of securities laws violations committed by either a corporation or its auditing firm.Grants first priority to former employees of the corporation who participated in an individual account plan established by such corporation.Declares that civil penalties collected in the SEC enforcement proceeding shall be added to the disgorgement fund. Amends the Federal Election Campaign Act of 1971 to permit transfer of certain Federal campaign contributions into the disgorgement fund as well. | To permit certain funds assessed for securities laws violations to be used to compensate employees who are victims of excessive pension fund investments in the securities of their employers, and for other purposes. |
SECTION 1. QUALIFIED STOCK DISTRIBUTIONS TO EMPLOYEES.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
139A the following new section:
``SEC. 139B. QUALIFIED STOCK DISTRIBUTIONS TO EMPLOYEES.
``(a) In General.--Gross income shall not include--
``(1) so many shares of any stock received by an individual
in a qualified employee stock distribution of such individual's
employer as does not exceed the maximum stock amount,
``(2) any gain on stock excluded from gross income under
paragraph (1) if such stock is held by such individual for not
less than 10 years, and
``(3) in the case of any qualified disposition of stock
which is described in paragraph (2) (and which meets the
holding requirement of such paragraph), any gain on so much
stock acquired during the 60-day period beginning on the date
of such disposition as does not exceed the fair market value of
the stock so disposed (determined as of the time of
disposition).
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified employee stock distribution.--The term
`qualified employee stock distribution' means a distribution by
an employer of stock of such employer to all employees
(determined as of the date of the distribution) of such
employer as compensation for services.
``(2) Maximum stock amount.--The term `maximum stock
amount' means, with respect to any distribution, the lowest
number of shares of stock of the employer received by any
employee of the employer in such distribution.
``(3) Qualified disposition.--
``(A) In general.--The term `qualified disposition'
means, with respect to the disposition of any stock
described in paragraph (2) during any calendar year,
the disposition of a number of shares of such stock not
in excess of the excess of--
``(i) the applicable percentage of the
aggregate number of shares of such stock
received during the calendar year that such
stock was received, over
``(ii) the aggregate number of shares of
such stock taken into account under this
subparagraph for all prior calendar years.
``(B) Applicable percentage.--For purposes of
clause (i), the applicable percentage is, with respect
to any calendar year following the calendar year in
which such stock was received, the percentage
determined in accordance with the following table:
The applicable
``In the case of: percentage is:
The first through tenth such calendar years.. 0 percent
The eleventh such calendar year.............. 10 percent
The twelfth such calendar year............... 20 percent
The thirteenth such calendar year............ 30 percent
The fourteenth such calendar year............ 40 percent
The fifteenth such calendar year............. 50 percent
The sixteenth such calendar year............. 60 percent
The seventeenth such calendar year........... 70 percent
The eighteenth such calendar year............ 80 percent
The nineteenth such calendar year............ 90 percent
Any subsequent calendar year................. 100 percent.
``(c) Employment Taxes.--Amounts excluded from gross income under
subsection (a)(1) shall not be taken into account as wages for purposes
of chapters 21, 22, 23, 23A, and 24.
``(d) Recapture if Stock Disposed During Required Holding Period.--
If an amount is excluded from gross income under subsection (a)(1) with
respect to any stock and the individual disposes of such stock at any
time during the 5-year period beginning on the date that such
individual received such stock--
``(1) the gross income of such individual for the taxable
year which includes the date of such disposition shall be
increased by the amount so excluded, and
``(2) the tax imposed by this chapter for such taxable year
shall be increased by the sum of the amounts of tax which would
have been imposed under subchapters A and B of chapters 21 and
22 if subsection (c) had not applied with respect to such
amount.
For purposes of this title and the Social Security Act, any increase in
tax under paragraph (2) shall be treated as imposed under the provision
of chapter 21 or 22 with respect to which such increase relates.
``(e) Regulations.--The Secretary shall issue such regulations as
may be necessary or appropriate to carry out this section, including
regulations which provide for the application of this section to stock
options.''.
(b) Clerical Amendment.--The table of section for such part is
amended by inserting after the item relating to section 139A the
following new item:
``Sec. 139B. Qualified stock distributions to employees.''.
(c) Effective Date.--The amendments made by this section shall
apply to stock received by employees after the date of the enactment of
this Act. | Amends the Internal Revenue Code to exclude from the gross income of an employee: (1) shares of stock received from an employer in a qualified employee stock distribution not exceeding the lowest number of shares received by any employee in such distribution; (2) any gain on such stock if held by such employee for not less than 10 years, and (3) in the case of any qualified disposition of stock that meets such holding requirement, any gain on so much stock acquired during the 60-day period beginning on the date of such disposition as does not exceed the fair market value of the stock so disposed.
. | To amend the Internal Revenue Code of 1986 to exclude from gross income compensation received by employees consisting of qualified distributions of employer stock. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Indian Education
Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to ensure that Federal funding is
provided to support and sustain the longstanding Federal mandate
requiring colleges and States to waive, in certain circumstances,
tuition charges for Native American Indian students they admit to an
undergraduate college program, including the waiver of tuition charges
for Indian students who are not residents of the State in which the
college is located.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Native American-serving nontribal college institutions
have a valuable supplemental role to that provided by tribally
controlled community colleges in making available educational
opportunities to Native American Indian students.
(2) Some four-year Native American-serving nontribal
college institutions provide tuition-free education, with the
support of the State in which they are located, as mandated by
Federal statute, to hundreds of Native American Indian students
in fulfillment of a condition under which the United States
provided land and facilities for such colleges to a State or
college.
(3) The value of the Native student tuition waiver benefits
contributed by these colleges and the States which support them
today far exceeds the value of the original grant of land and
facilities.
(4) The ongoing financial burden of meeting this Federal
mandate to provide tuition-free education to Indian students is
no longer equitably shared among the States and colleges
because it does not distinguish between Indian students who are
residents of the State or of another State.
(5) Native student tuition waiver benefits are now at risk
of being terminated by severe budget constraints being
experienced by these colleges and the States which support
them.
SEC. 4. STATE RELIEF FROM FEDERAL MANDATE.
(a) Amount of Payment.--
(1) In general.--Subject to paragraphs (2) and (3), for
fiscal year 2016 and each succeeding fiscal year, the Secretary
of Education shall pay to any eligible college an amount equal
to the charges for tuition for all Indian students who are not
residents of the State in which the college is located and who
are enrolled in the college for the academic year ending before
the beginning of such fiscal year.
(2) Eligible colleges.--For purposes of this section, an
eligible college is any four-year Native American-serving
nontribal institution of higher education which provides
tuition-free education as mandated by Federal statute, with the
support of the State in which it is located, to Native American
Indian students in fulfillment of a condition under which the
college or State received its original grant of land and
facilities from the United States.
(3) Limitation.--The amount paid to any college for each
fiscal year under paragraph (1) may not exceed the lower of the
following amounts:
(A) The amount equal to the charges for tuition for
all Indian students of that college who were not
residents of the State in which the college is located
and who were enrolled in the college for academic year
2014-2015.
(B) $15,000,000.
(b) Treatment of Payment.--Any amounts received by a college under
this section shall be treated as a reimbursement from the State in
which the college is located, and shall be considered as provided in
fulfillment of any Federal mandate upon the State to admit Indian
students free of charge of tuition.
(c) Rule of Construction.--Nothing in this Act shall be construed
to relieve any State from any mandate it may have under Federal law to
reimburse a college for each academic year--
(1) with respect to Indian students enrolled in the college
who are not residents of the State in which the college is
located, any amount of charges for tuition for such students
that exceeds the amount received under this section for such
academic year; and
(2) with respect to Indian students enrolled in the college
who are residents of the State in which the college is located,
an amount equal to the charges for tuition for such students
for such academic year.
(d) Definitions.--In this section, the term ``Indian students''
includes reference to the term ``Indian pupils'' as that term has been
utilized in Federal statutes imposing a mandate upon any college or
State to provide tuition-free education to Native American Indian
students in fulfillment of a condition under which it received its
original grant of land and facilities from the United States.
(e) Funding.--There are authorized to be appropriated such sums as
may be necessary to carry out this section.
SEC. 5. OFFSET.
(a) In General.--Notwithstanding any other provision of law, of all
available unobligated funds, $15,000,000 in appropriated discretionary
funds are hereby rescinded.
(b) Implementation.--The Director of the Office of Management and
Budget shall determine and identify from which appropriation accounts
the rescission under subsection (a) shall apply and the amount of such
rescission that shall apply to each such account. Not later than 60
days after the date of the enactment of this Act, the Director of the
Office of Management and Budget shall submit a report to the Secretary
of the Treasury and Congress of the accounts and amounts determined and
identified for rescission under the preceding sentence.
(c) Exception.--This section shall not apply to the unobligated
funds of--
(1) the Department of the Interior for the postsecondary
education of Native American Indian students;
(2) the Department of Defense;
(3) the Department of Veterans Affairs; or
(4) the Department of Education. | Native American Indian Education Act Directs the Department of Education to pay four-year Native American-serving nontribal institutions of higher education the out-of-state tuition of their Indian students if those schools are required to provide a tuition-free education, with the support of their state, to Indian students in fulfillment of a condition under which the college or state received its original grant of land and facilities from the federal government. Prohibits the amount paid to any such college from exceeding the lower of the following amounts: (1) the charges for tuition for the Indian students of that college who were non-residents of the state in which the college is located and who were enrolled in the college for academic year 2014-2015, or (2) $15 million. Treats such payments as reimbursements to such institutions from their states. Rescinds unobligated discretionary appropriations to offset the costs of this program. | Native American Indian Education Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ballistic Imaging Evaluation and
Study Act of 2001''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To conduct a comprehensive study of ballistic imaging
technology and evaluate design parameters for packing and
shipping of fired cartridge cases and projectiles.
(2) To determine the effectiveness of the National
Integrated Ballistic Information Network (NIBIN) as a tool in
investigating crimes committed with handguns and rifles.
(3) To establish the cost and overall effectiveness of
State-mandated ballistic imaging systems and the sharing and
retention of the data collected by the systems.
SEC. 3. STUDY.
(a) In General.--Not later than 12 months after the date of the
enactment of this Act, the Attorney General shall enter into an
arrangement with the National Research Council of the National Academy
of Sciences, which shall have sole responsibility for conducting under
the arrangement a study to determine the following:
(1) The design parameters for an effective and uniform
system for packing fired cartridge cases and projectiles, and
for collecting information that will accompany a fired
cartridge case and projectile and be entered into a ballistic
imaging system.
(2) The most effective method for projectile recovery that
can be used to collect fired projectiles for entry into a
ballistic imaging system and the cost of such recovery
equipment.
(3) Which countries are employing ballistic imaging systems
and the results of the systems as a tool in investigating
crimes committed with handguns and rifles.
(4) The comprehensive cost, to date, for Federal, State,
and local jurisdictions that have implemented a ballistic
imaging system to include startup, operating costs, and outlays
for personnel and administration.
(5) The estimated yearly cost for administering a ballistic
imaging system, the storage of cartridge cases and projectiles
on a nationwide basis, and the costs to industry and consumers
of doing so.
(6) How many revolvers, manually operated handguns,
semiautomatic handguns, manually operated rifles, and
semiautomatic rifles are sold in the United States each year,
the percentage of crimes committed with revolvers, other
manually operated handguns, and manually operated rifles as
compared with semiautomatic handguns and semiautomatic rifles,
and the percentage of each currently on record in the NIBIN
system.
(7) Whether in countries where ballistic identification has
been implemented, a shift has occurred in the number of
semiautomatic handguns and semiautomatic rifles, compared with
revolvers, other manually operated handguns, and manually
operated rifles that are used to commit a crime.
(8) A comprehensive list of environmental and
nonenvironmental factors, including modifications to a firearm,
that can substantially alter or change the identifying marks on
a cartridge case and projectile so as to preclude a
scientifically reliable comparison between specimens and the
stored image from the same firearm being admissible as evidence
in a court of law.
(9) The technical improvements in database management that
will be necessary to keep pace with system growth and the
estimated cost of the improvements.
(10) What redundant or duplicate systems exist, or have
existed, the ability of the various systems to share
information, and the cost and time it will take to integrate
operating systems.
(11) Legal issues that need to be addressed at the Federal
and State levels to codify the type of information that would
be captured and stored as part of a national ballistic
identification program and the sharing of the information
between State systems and NIBIN.
(12) What storage and retrieval procedures guarantee the
integrity of cartridge cases and projectiles for indefinite
periods of time and insure proper chain of custody and
admissibility of ballistic evidence or images in a court of
law.
(13) The time, cost, and resources necessary to enter
images of fired cartridge cases and fired projectiles into a
ballistic imaging identification system of all new handguns and
rifles sold in the United States and those possessed lawfully
by firearms owners.
(14) Whether an effective procedure is available to collect
fired cartridge cases and projectiles from privately owned
handguns and rifles.
(15) Whether the cost of ballistic imaging technology is
worth the investigative benefit to law enforcement officers.
(16) Whether State-based ballistic imaging systems, or a
combination of State and Federal ballistic imaging systems that
record and store cartridge cases and projectiles can be used to
create a centralized list of firearms owners.
(17) The cost-effectiveness of using a Federal, NIBIN-based
approach to using ballistic imaging technology as opposed to
State-based initiatives.
SEC. 4. CONSULTATION.
In carrying out this Act, the National Research Council of the
National Academy of Sciences shall consult with--
(1) Federal, State, and local officials with expertise in
budgeting, administering, and using a ballistic imaging system,
including the Bureau of Alcohol, Tobacco and Firearms, the
Federal Bureau of Investigation, and the Bureau of Forensic
Services at the California Department of Justice;
(2) law enforcement officials who use ballistic imaging
systems;
(3) entities affected by the actual and proposed uses of
ballistic imaging technology, including manufacturers,
distributors, importers, and retailers of firearms and
ammunition, firearms purchasers and owners and their organized
representatives, the Sporting Arms and Ammunition
Manufacturers' Institute, Inc., and the National Shooting
Sports Foundation, Inc.;
(4) experts in ballistics imaging and related fields, such
as the Association of Firearm and Tool Mark Examiners,
projectile recovery system manufacturers, and ballistic imaging
device manufacturers;
(5) foreign officials administering ballistic imaging
systems and foreign experts; and
(6) individuals or organizations with significant expertise
in the field of ballistic imaging technology, as the Attorney
General deems necessary.
SEC. 5. REPORT.
Not later than 30 days after the National Research Council of the
National Academy of Sciences completes the study conducted under
section 3, the National Research Council shall submit to the Attorney
General a report on the results of the study, and the Attorney General
shall submit to the Congress a report, which shall be made public, that
contains--
(1) the results of the study; and
(2) recommendations for legislation, if applicable.
SEC. 6. SUSPENSION OF USE OF FEDERAL FUNDS FOR BALLISTIC IMAGING
TECHNOLOGY.
(a) In General.--Notwithstanding any other provision of law, a
State shall not use Federal funds for ballistic imaging technology
until the report referred to in section 5 is completed and transmitted
to the Congress.
(b) Waiver Authority.--On request of a State, the Secretary of the
Treasury may waive the application of subsection (a) to a use of
Federal funds upon a showing that the use would be in the national
interest.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``ballistic imaging technology'' means
software and hardware that records electronically, stores,
retrieves, and compares the marks or impressions on the
cartridge case and projectile of a round of ammunition fired
from a handgun or rifle.
(2) The term ``handgun'' has the meaning given the term in
section 921(a)(29) of title 18, United States Code.
(3) The term ``rifle'' has the meaning given the term in
section 921(a)(7) of title 18, United States Code.
(4) The term ``cartridge case'' means the part of a fully
assembled ammunition cartridge that contains the propellant and
primer for firing.
(5) The terms ``manually operated handgun'' and ``manually
operated rifle'' mean any handgun or rifle, as the case may be,
in which all loading, unloading, and reloading of the firing
chamber is accomplished through manipulation by the user.
(6) The term ``semiautomatic handgun'' means any repeating
handgun which utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round, which requires a pull of the trigger to fire each
cartridge.
(7) The term ``semiautomatic rifle'' has the meaning given
the term in section 921(a)(28) of title 18, United States Code.
(8) The term ``projectile'' means that part of ammunition
that is, by means of an explosive, expelled through the barrel
of a handgun or rifle. | Ballistic Imaging Evaluation and Study Act of 2001 - Directs the Attorney General to enter into an arrangement with the National Research Council (NRC) of the National Academy of Sciences to study the effectiveness of ballistic imaging technology. Prohibits a State from using Federal funds for ballistic imaging technology until the NRC report is transmitted to Congress. Authorizes the Secretary of the Treasury, at a State's request, to waive such prohibition upon a showing that the use would be in the national interest. | To conduct a study on the effectiveness of ballistic imaging technology and evaluate its effectiveness as a law enforcement tool. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Fuel Pipelines Act of
2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Creating the appropriate infrastructure to move
renewable fuels is a necessary energy and transportation
objective for the United States.
(2) Currently more than 70 percent of the gasoline supply
of the United States is delivered to local terminals through
pipelines.
(3) Pipelines are the most cost-effective, efficient, and
safe transportation mode in use today to deliver large volumes
of liquid fuels.
(4) Renewable fuels are currently transported by truck,
barge, and rail, and the volume requirements of the Energy
Independence and Security Act of 2007 may overwhelm the
renewable fuels infrastructure, a problem that would be
alleviated by the transportation of renewable fuels through
pipelines.
(5) The production and use of renewable fuels is supported
by Federal policy and a corresponding Federal policy is
necessary to support the construction of an appropriate
infrastructure to transport such fuels.
SEC. 3. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT RENEWABLE FUEL
PIPELINES.
(a) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42
U.S.C. 16511) is amended by adding at the end the following:
``(6) Renewable fuel.--The term `renewable fuel' has the
meaning given the term in section 211(o)(1) of the Clean Air
Act (42 U.S.C. 7545(o)(1)), except that the term shall include
all ethanol and biodiesel.
``(7) Renewable fuel pipeline.--The term `renewable fuel
pipeline' means a common carrier pipeline for transporting
renewable fuel.''.
(b) Terms and Conditions.--
(1) Specific appropriation or contribution.--Subsection (b)
of section 1702 of the Energy Policy Act of 2005 (42 U.S.C.
16512) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving
such subparagraphs 2 ems to the right;
(B) by striking ``(b) Specific Appropriation or
Contribution.--No guarantee'' and inserting the
following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee''; and
(C) by adding at the end the following:
``(2) Renewable fuel pipelines.--The Secretary may waive
the application of paragraph (1) with respect to a guarantee
for a project described in section 1703(f)(1).''.
(2) Amount.--Subsection (c) of such section is amended--
(A) by striking ``(c) Amount.--Unless'' and
inserting the following:
``(c) Amount.--
``(1) In general.--Unless''; and
(B) by adding at the end the following:
``(2) Renewable fuel pipelines.--With respect to a project
described in section 1703(f)(1)--
``(A) a guarantee by the Secretary shall not exceed
an amount equal to 90 percent of the project cost of
the renewable fuel pipeline that is the subject of the
guarantee, as estimated at the time at which the
guarantee is issued; and
``(B) the Secretary may make more than one
guarantee for such project, to the extent that the sum
of all guarantees for such project does not exceed an
amount equal to 90 percent of the project cost of the
renewable fuel pipeline that is the subject of such
guarantees, as estimated any time after the original
guarantee is issued.''.
(c) Eligible Projects.--Section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513) is amended by adding at the end the following:
``(f) Renewable Fuel Pipelines.--
``(1) In general.--The Secretary may make guarantees under
this title for projects to construct renewable fuel pipelines
without regard to any limitation under this section other than
a limitation under this subsection.
``(2) Guarantee determinations.--In determining whether to
make a guarantee for a project described in paragraph (1), the
Secretary shall consider the following:
``(A) The volume of renewable fuel to be moved by
the renewable fuel pipeline.
``(B) The size of the markets to be served by the
renewable fuel pipeline.
``(C) The existence of sufficient storage to
facilitate access to the markets to be served by the
renewable fuel pipeline.
``(D) The proximity of the renewable fuel pipeline
to renewable fuel production facilities.
``(E) The investment in terminal infrastructure of
the entity carrying out the proposed project.
``(F) The history and experience working with
renewable fuel of the entity carrying out the proposed
project.
``(G) The ability of the entity carrying out the
proposed project to ensure and maintain the quality of
the renewable fuel through the terminal system of the
entity and through the dedicated pipeline system.
``(H) The ability of the entity carrying out the
proposed project to complete such proposed project in a
timely manner.
``(I) The ability of the entity carrying out the
proposed project to secure property rights-of-way.
``(J) Other criteria the Secretary determines
appropriate for consideration.
``(3) Eminent domain authority.--When any entity in the
carrying out of a project described in paragraph (1) for which
a guarantee is made under this title cannot acquire by
contract, or is unable to agree with the owner of property to
the compensation to be paid for, the necessary right-of-way to
construct, operate, and maintain a pipeline or pipelines for
the transportation of renewable fuel, and the necessary land or
other property, in addition to right-of-way, for the location
of pump stations, pressure apparatus, or other facilities or
equipment necessary to the proper operation of such pipeline or
pipelines, it may acquire the same by the exercise of the right
of eminent domain in the district court of the United States
for the district in which such property may be located, or in
the State courts, if such exercise is first determined by the
Secretary to be necessary or desirable in the public interest.
The practice and procedure in any action or proceeding for that
purpose in the district court of the United States shall
conform as nearly as may be with the practice and procedure in
a similar action or proceeding in the courts of the State where
the property is situated. The United States district courts
shall only have jurisdiction of cases when the amount claimed
by the owner of the property to be condemned exceeds $3,000.''.
SEC. 4. FINAL RULE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Energy shall publish in the Federal Register a final
rule for carrying out a guarantee program for the construction of
renewable fuel pipelines under title XVII of the Energy Policy Act of
2005 in accordance with the amendments made by this Act or shall modify
rules and regulations currently applicable to the guarantee program
under such title in accordance with the amendments made by this Act.
SEC. 5. GRANT PROGRAM FOR PREPARATION OF PROJECTS TO CONSTRUCT
RENEWABLE FUEL PIPELINES.
(a) In General.--The Secretary may provide grants for projects
described in section 1703(f)(1) of the Energy Policy Act of 2005, as
added by section 3(c) of this Act, to assist in carrying out permit
acquisition, planning, and other preparatory activities for such
projects in advance of participation in the guarantee program under
title XVII of the Energy Policy Act of 2005.
(b) No Impact on Eligibility for a Guarantee.--In determining
whether to make a guarantee for a project under title XVII of the
Energy Policy Act of 2005, the Secretary shall not take into
consideration whether a grant was provided for such project under this
section.
(c) Impact on Guarantee Amount.--In the case of a project for which
a grant is provided under this section and a loan guarantee is made
under title XVII of the Energy Policy Act of 2005, the sum with respect
to such project of grants provided under this section and amounts
guaranteed under title XVII of the Energy Policy Act of 2005 may not
exceed 90 percent of the project cost of such project as estimated at
the time at which a guarantee is issued.
(d) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of Energy.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000, to
remain available until expended. | Renewable Fuel Pipelines Act of 2009 - Amends the Energy Policy Act of 2005 to allow federally-guaranteed loans for renewable fuel pipeline construction without regard to whether an appropriation for the cost has been made. Includes ethanol and biodiesel as renewable fuel.
Allows a maximum guarantee by the Secretary of Energy of 90% of the project cost and more than one guarantee for a project (as long as the total guaranteed amount does not exceed 90%).
Sets forth factors to be considered in guarantee determinations, including volume and quality of fuel, size of markets served, experience of the entity working with renewable fuel, and associated storage, production, and terminal facilities.
Authorizes an entity implementing a fuel pipeline project for which a guarantee is made, when such entity is unable to acquire the necessary right-of-way to construct, operate, and maintain pipelines and the necessary land or property for the location of pump stations, pressure apparatus, and other necessary facilities or equipment by contract, to acquire what is necessary through eminent domain if determined by the Secretary to be necessary or desirable in the public interest.
Authorizes the Secretary to provide grants for renewable fuel pipeline projects to assist in carrying out permit acquisition, planning, and other preparatory activities in advance of participation in the guarantee program. Limits the sum of grants and amounts guaranteed for a project that receives both to 90% of the project's cost. | To amend the Energy Policy Act of 2005 to provide loan guarantees for projects to construct renewable fuel pipelines, and for other purposes. |
SECTION 1. SETTLEMENT OF CLAIMS OF THE WYANDOTTE NATION.
(a) Findings.--Congress finds the following:
(1) The Wyandotte Nation has a valid interest in certain
lands located in the Fairfax Business District in Wyandotte
County, Kansas, that are located within the Nation's
reservation established pursuant to an agreement between the
Wyandotte Nation and the Delaware Nation dated December 14,
1843, which agreement was ratified by the Senate on July 25,
1848.
(2) The Wyandotte Nation filed a lawsuit, Wyandotte Nation
v. Unified Government of Kansas City and Wyandotte County,
Kansas, U.S. D.C. Kan., Case No. 012303-CM, against certain
landowners within the Fairfax Business District to ascertain
and adjudicate ownership of lands that were once owned and held
in trust by the United States for the benefit of the Wyandotte
Nation but were not conveyed to the United States by the
Wyandotte Nation pursuant to the Treaty of January 31, 1855.
(3) The Lawsuit also contends that certain major roads in
Kansas City encroach upon a certain parcel of land, known as
the Huron Cemetery, which was reserved for the Wyandotte Nation
in the Treaty of January 31, 1855.
(4) The pendency of this Lawsuit has resulted in severe
economic hardships for the residents of the Fairfax Business
District of Wyandotte County, Kansas, by clouding title to much
of the land within that District.
(5) Congress shares with the residents of the Fairfax
Business District of Wyandotte County, Kansas, a desire to
remove all clouds on title resulting from the Lawsuit without
additional cost or expense to either the United States, the
State of Kansas, the Unified Government of Kansas City and
Wyandotte County, Kansas, and all other landowners within the
Fairfax Business District of Wyandotte County, Kansas.
(6) The Wyandotte Nation and the Unified Government of
Kansas City and Wyandotte County have reached an agreement
settling the Lawsuit which requires implementing legislation by
Congress.
(b) Purposes.--The purposes of this Act are as follows: --
(1) To settle the Lawsuit.
(2) To direct the Secretary to take into trust for the
benefit of the Wyandotte Nation the Settlement Lands in
settlement of the Wyandotte Nation's Lawsuit and the land
claims asserted therein.
(c) Definitions.--For purposes of this Act, the following
definitions apply: --
(1) Kansas lands.--The term ``Kansas Lands'' means all of
the lands described and identified as ``Gifted Lands'' and
``Accreted Lands'' in the Wyandotte Nation's complaint filed in
the Lawsuit, as well as those portions of Seventh Street and
Minnesota Avenue located within Kansas City, Kansas, which the
Wyandotte Nation claim in the Lawsuit were included within the
Huron Cemetery under the Treaty of January 31, 1855.
(2) Lawsuit.--The term ``Lawsuit'' means Wyandotte Nation
v. Unified Government of Kansas City and Wyandotte County,
Kansas, U.S. D.C. Kan., Case No. 012303-CM.
(3) secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Settlement lands.--The term ``Settlement Lands'' means
the following parcel of real property located in the City of
Edwardsville, Wyandotte County, Kansas and more particularly
described in Quit Claim Deed filed for record as Parcel I.D.
944806, Book 3190 at Page 198 and Book 4408 at Page 789 in the
Wyandotte County, Kansas, Register of Deeds Office.
(5) Unified government.--The term ``Unified Government''
means the Unified Government of Kansas City and Wyandotte
County, Kansas.
(6) Wyandotte nation.--The term ``Wyandotte Nation'' means
the Wyandotte Nation, a federally-recognized Indian tribe.
(d) Extinguishment of Land Claims.--Not later than 90 days after
the date of the enactment of this section and as part of the settlement
of the Lawsuit and the Wyandotte Nation's land claims asserted therein,
the Secretary shall take and hold title to the Settlement Lands in
trust for the benefit of the Wyandotte Nation pursuant to and within
the scope and meaning of section 20(b)(1)(B)(i) of the Indian Gaming
Regulatory Act (25 U.S.C. 2719(b)(1)(B)(i)). Any and all claims which
the Wyandotte Nation has or could have asserted in the Lawsuit shall be
extinguished upon--
(1) the Secretary accepting title to the Settlement Lands
in trust for the Wyandotte Nation; and
(2) publication in the Federal Register of a notice of
approval of tribal-State compact between the Wyandotte Nation
and the State of Kansas pursuant to section 11(d)(3)(B) of the
Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3)(B)).
(e) Shriner Property.--Congress confirms that the United States
acquired title to the Shriner's Property in trust for the benefit of
the Wyandotte Nation effective July 15, 1996. Notwithstanding the trust
status of the Shriner's Property, the Wyandotte Nation shall have no
rights to conduct gaming on the Shriner's Property upon-
(1) the Secretary accepting title to the Settlement Lands
in trust for the Wyandotte Nation; and
(2) publication in the Federal Register of a notice
approval of a tribal-State compact between the Wyandotte Nation
and the State of Kansas pursuant to section 11(d)(3)(B) of the
Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3)(B)). | Requires the Secretary of the Interior to take specified Settlement Lands into trust for the benefit of the Wyandotte Nation as part of the settlement of claims in a certain lawsuit of the Wyandotte Nation against the United Government of Kansas City and Wyandotte County, Kansas. Extinguishes any and all claims which the Wyandotte Nation has or could have asserted in the lawsuit upon specified conditions being met.Denies the Wyandotte Nation gaming rights on the Shriner's Property, a property already held in trust for it by the United States, upon specified conditions being met. | To provide for and approve settlement of certain land claims of the Wyandotte Nation, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drinking Water Protection Act''.
SEC. 2. AMENDMENT TO THE SAFE DRINKING WATER ACT.
(a) Amendment.--At the end of part E of the Safe Drinking Water Act
(42 U.S.C. 300j et seq.) add the following new section:
``SEC. 1459. CYANOTOXIN RISK ASSESSMENT AND MANAGEMENT.
``(a) Strategic Plan.--
``(1) Development.--Not later than 90 days after the date
of enactment of this section, the Administrator shall develop
and submit to Congress a strategic plan for assessing and
managing risks associated with cyanotoxins in drinking water
provided by public water systems. The strategic plan shall
include steps and timelines to--
``(A) evaluate the risk to human health from
drinking water provided by public water systems
contaminated with cyanotoxins;
``(B) establish, publish, and update a
comprehensive list of cyanotoxins determined by the
Administrator to be harmful to human health when
present in drinking water provided by public water
systems;
``(C) summarize--
``(i) the known adverse human health
effects of cyanotoxins included on the list
published under subparagraph (B) when present
in drinking water provided by public water
systems; and
``(ii) factors that cause cyanobacteria to
proliferate and express toxins;
``(D) with respect to cyanotoxins included on the
list published under subparagraph (B), determine
whether to--
``(i) publish health advisories pursuant to
section 1412(b)(1)(F) for such cyanotoxins in
drinking water provided by public water
systems;
``(ii) establish guidance regarding
feasible analytical methods to quantify the
presence of cyanotoxins; and
``(iii) establish guidance regarding the
frequency of monitoring necessary to determine
if such cyanotoxins are present in drinking
water provided by public water systems;
``(E) recommend feasible treatment options,
including procedures and equipment, to mitigate any
adverse public health effects of cyanotoxins included
on the list published under subparagraph (B); and
``(F) enter into cooperative agreements with, and
provide technical assistance to, affected States and
public water systems, as identified by the
Administrator, for the purpose of managing risks
associated with cyanotoxins included on the list
published under subparagraph (B).
``(2) Updates.--The Administrator shall, as appropriate,
update and submit to Congress the strategic plan developed
under paragraph (1).
``(b) Information Coordination.--In carrying out this section the
Administrator shall--
``(1) identify gaps in the Agency's understanding of
cyanobacteria, including--
``(A) the human health effects of cyanotoxins
included on the list published under subsection
(a)(1)(B); and
``(B) methods and means of testing and monitoring
for the presence of harmful cyanotoxins in source water
of, or drinking water provided by, public water
systems;
``(2) as appropriate, consult with--
``(A) other Federal agencies that--
``(i) examine or analyze cyanobacteria; or
``(ii) address public health concerns
related to harmful algal blooms;
``(B) States;
``(C) operators of public water systems;
``(D) multinational agencies;
``(E) foreign governments; and
``(F) research and academic institutions; and
``(3) assemble and publish information from each Federal
agency that has--
``(A) examined or analyzed cyanobacteria; or
``(B) addressed public health concerns related to
harmful algal blooms.
``(c) Use of Science.--The Administrator shall carry out this
section in accordance with the requirements described in section
1412(b)(3)(A), as applicable.
``(d) Feasible.--For purposes of this section, the term `feasible'
has the meaning given such term in section 1412(b)(4)(D).''.
(b) Report to Congress.--Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United States
shall prepare and submit to Congress a report that includes--
(1) an inventory of funds--
(A) expended by the United States, for each of
fiscal years 2010 through 2014, to examine or analyze
cyanobacteria or address public health concerns related
to harmful algal blooms; and
(B) that includes the specific purpose for which
the funds were made available, the law under which the
funds were authorized, and the Federal agency that
received or spent the funds; and
(2) recommended steps to reduce any duplication, and
improve interagency coordination, of such expenditures. | Drinking Water Protection Act - Amends the Safe Drinking Water Act to direct the Environmental Protection Agency (EPA) to develop and submit to Congress a strategic plan for assessing and managing risks associated with cyanotoxins in drinking water provided by public water systems. (Cyanotoxins are naturally occurring toxins produced by cyanobacteria, also known as blue-green algae.) Requires the plan to include steps and time lines to: evaluate the risk to human health from drinking water contaminated with cyanotoxins; establish, publish, and update a comprehensive list of cyanotoxins that are harmful to human health; summarize the known adverse human health effects of cyanotoxins and the factors that cause cyanobacteria to grow rapidly and make toxins; determine whether to publish health advisories for harmful cyanotoxins and establish relevant guidance; recommend feasible treatment options; and enter into cooperative agreements with, and provide technical assistance to, affected states and public water systems to manage risks associated with cyanotoxins. | Drinking Water Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Homeowner Refinancing
Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``current borrower'' means a mortgagor who is
current on the subject mortgage at the time of the refinancing,
and has had no late payments in the preceding 6 months and not
more than 1 late payment in the preceding 12 months;
(2) the term ``eligible mortgage'' means any mortgage
that--
(A) is an existing first mortgage that was made for
purchase of, or refinancing of another first mortgage
on, a 1- to 4-family dwelling, including a condominium
or a share in a cooperative ownership housing
association;
(B) was originated or refinanced on or before May
31, 2009, unless that date is extended by the Director
under FHFA's preexisting authority to do so;
(C) is owned or guaranteed by an enterprise;
(D) with respect to which, the mortgagor is a
current borrower; and
(E) includes existing first mortgages with a loan-
to-value ratio of less than 80 percent.
(3) the term ``enterprise'' means the Federal National
Mortgage Association and the Federal Home Loan Mortgage
Corporation;
(4) the terms ``FHFA'' and ``Director'' mean the Federal
Housing Finance Agency and the Director thereof, respectively;
(5) the terms ``Home Affordable Refinance Program'' and
``Program'' mean the Home Affordable Refinance Program,
administered by the FHFA and the enterprises as part of the
Making Home Affordable initiative announced on March 4, 2009;
(6) the term--
(A) ``LTV'' means loan-to-value, or the ratio of
the amount of the primary mortgage on a property to the
value of that property; and
(B) ``CLTV'' means combined loan-to-value, or the
ratio of all mortgage debt on a property to the value
of the property;
(7) the term ``same servicer'' means a lender that is
providing refinancing for a borrower whose loan they already
service;
(8) the term ``qualified lender'' means a lender that is
participating in the Program;
(9) the term ``guarantee fee'' has the same meaning as in
section 1327(a) of the Housing and Community Development Act of
1992 (12 U.S.C. 4547(a)); and
(10) the term ``average fees'' means the average
contractual fee rate of single-family guaranty arrangements
charged by an enterprise on April 1, 2012, plus the recognition
of any up-front cash payments over an estimated average life,
expressed in terms of basis points, such definition to be
interpreted in a manner consistent with the annual report on
guarantee fees by the FHFA.
SEC. 3. STREAMLINED REFINANCING CRITERIA UNDER THE PROGRAM.
(a) In General.--In carrying out the Home Affordable Refinance
Program, each enterprise shall adopt and adhere to the criteria
established under this section.
(b) Borrower Eligibility.--The enterprises shall include as
eligible borrowers in the Home Affordable Refinance Program all current
borrowers who have an eligible mortgage and meet those underwriting
requirements for eligibility for same servicer refinancing in the
Program as of March 1, 2012, except that the enterprises may not
disqualify or impose varying rules within the Program for borrowers
based on LTV, CLTV, employment status or income.
(c) Additional Relief From Representations and Warranties.--The
enterprises shall not require of any qualified lender executing a loan
under the Program any representations or warranties--
(1) for the value, marketability, condition, or property
type of the loan, as such loan characteristics are evidenced by
an appraisal or alternative valuation method, provided that the
lender complies with the enterprises' required methods and
standards for ordering an appraisal under the Program; or
(2) that are not required of same servicers under the
Program as of March 1, 2012, whether that loan is manually
underwritten or underwritten through an automated system,
except that, under no circumstances shall greater
representations and warranties be required for a loan that is
manually underwritten than for one that is underwritten through
an automated system.
(d) Prohibition on Up-front Fees.--In carrying out the Program, the
enterprises may not charge the qualified lender any loan level price
adjustment, post settlement delivery fee, adverse delivery charge, or
other similar up-front fee.
(e) Appraisals.--The enterprises shall develop and allow
alternative streamlined methods to determine the value of the property
for which refinancing is sought through the Program that eliminate the
costs to the borrower and qualified lender associated with such
determination. Until such time as such method is developed, and when
the existing automated valuation models of the enterprises are unable
to determine the value of a certain property for which refinancing is
sought through the Program, the enterprises shall bear the costs
associated with the use of manual appraisal of that property, without
passing on such costs to the borrower or qualified lender.
(f) Limitation.--Notwithstanding any provision of the Federal
National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.) or
the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et
seq.), an enterprise may purchase or guarantee any new mortgage
resulting from the refinancing of an eligible mortgage pursuant to this
section, if at the time of origination of the eligible mortgage, the
eligible mortgage complied with the applicable limitation governing the
maximum original principal obligation on conventional mortgages that
may be purchased or guaranteed by that enterprise.
(g) Guarantee Fees.--
(1) In general.--
(A) Average fee.--On each mortgage refinanced under
the Program in accordance with this section, the
enterprises shall set the average fee required under
this Act, as determined by the Director in an amount
not less than the average fees charged by the
enterprises as of April 1, 2012, for such guarantees.
The Director shall prohibit an enterprise from
offsetting the cost of the fee to the mortgage
originators, borrowers, and investors by decreasing
other charges, fees, or premiums, or in any other
manner.
(B) Authority to limit offer of guarantee.--The
Director shall prohibit an enterprise from consummating
any offer for a guarantee to a qualified lender for
mortgage-backed securities, if the guarantee is
inconsistent with the requirements of this section.
(2) Information collection and analysis.--The Director
shall require each enterprise to provide to the Director, as
part of its annual report submitted to Congress, for loans
refinanced under the Program--
(A) a description of changes made to up-front fees
and annual fees as part of the guarantee fees
negotiated with qualified lenders; and
(B) an assessment of how the changes in the
guarantee fees described in subparagraph (A) met the
requirements of paragraph (1).
(h) Regulations.--Not later than 30 days after the date of
enactment of this Act, the Director shall issue any regulations or
guidance necessary to carry out the changes to the Program established
under this section, which regulations or guidance shall be put into
effect not later than 90 days after the date of enactment of this Act.
(i) Termination.--The requirements of this section shall expire
concurrent with the expiration of the Program.
(j) Rule of Construction.--
(1) In general.--Nothing in this section shall be construed
to supersede, preempt, or otherwise nullify the requirement
that a loan refinanced under the Program must benefit the
borrower.
(2) Definition.--For purposes of paragraph (1), a loan
refinanced under the Program benefits the borrower, if the
refinanced loan results in--
(A) reduction in payment;
(B) reduction in interest rate;
(C) movement to a more stable product, such as from
an adjustable rate mortgage to a fixed rate mortgage;
or
(D) reduction in amortization term.
SEC. 4. INFORMATION FOR BORROWERS ON ELIGIBILITY FOR THE PROGRAM.
(a) Notice to Borrowers.--Not later than 60 days after the date of
enactment of this Act, the enterprises shall notify all borrowers with
a mortgage owned or guaranteed by an enterprise about the Program and
its eligibility criteria, and inform borrowers of the website required
under subsection (b).
(b) Public Access to Eligibility Criteria.--The Director shall
establish, and the enterprises shall display a link on their homepages
to, a single website where borrowers may--
(1) determine their potential eligibility for participation
in the Program;
(2) see a complete list of and links to qualified lenders;
(3) use a mortgage refinance calculator to calculate
potential payment savings based on different interest rates;
and
(4) obtain tips on refinancing their loan.
SEC. 5. CONSISTENT REFINANCING GUIDELINES REQUIRED.
Not later than 60 days after the date of enactment of this Act, the
Director shall issue guidance to require the enterprises to make their
refinancing guidelines consistent to ease the compliance requirements
of qualified lenders, and in particular with respect to loans with less
than an 80 percent loan-to-value ratio and closing cost policies of the
enterprises, which regulations or guidance shall be put into effect not
later than 90 days after the date of enactment of this Act.
SEC. 6. PROGRESS REPORTS.
The Director shall provide to Congress monthly reports on the
progress of the Program, and each enterprise shall include and
disclose, as part of its filings with the Securities and Exchange
Commission on Form 10-Q, Form 10-K, or any successors thereto, detailed
information on each enterprise's progress and results in implementing
and executing the Program.
SEC. 7. SEVERABILITY.
If any portion of this Act or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect the
portions or applications of this Act which can be given effect without
the invalid portion or application. | Responsible Homeowner Refinancing Act of 2012 - Requires the Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises or GSEs), in carrying out the Home Affordable Refinance Program, to adopt specified criteria pertaining to: (1) borrower eligibility, (2) representations and warranties, (3) prohibition on up-front fees, (4) alternative streamlined methods to determine the value of a property, (5) the purchase or guarantee of any new mortgage resulting from the refinancing of an eligible mortgage, and (6) guarantee fees.
Requires the GSEs to notify all borrowers with a mortgage owned or guaranteed by a GSE about the Program and its eligibility criteria, and inform borrowers of the website required below.
Directs the Director of the Federal Housing Finance Agency (FHFA) to establish a single website where borrowers may: (1) determine their potential eligibility for participation in the Program, (2) see a complete list of and links to qualified lenders, (3) use a mortgage refinance calculator to calculate potential payment savings based on different interest rates, and (4) obtain tips on refinancing their loan.
Directs the Director of FHFA to issue guidance to require the GSEs to make their refinancing guidelines consistent to ease the compliance requirements of qualified lenders, and in particular with respect to loans with less than 80% loan-to-value ratio and closing cost policies of the GSEs, which regulations or guidance shall be put into effect not later than 90 days after the enactment of this Acts. | A bill to provide for the expansion of affordable refinancing of mortgages held by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Nonprofit Research and
Education Corporations Enhancement Act of 2009''.
SEC. 2. GENERAL AUTHORITIES ON ESTABLISHMENT OF CORPORATIONS.
(a) Authorization of Multi-Medical Center Research Corporations.--
(1) In general.--Section 7361 of title 38, United States
Code, is amended--
(A) by redesignating subsection (b) as subsection
(e); and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b)(1) Subject to paragraph (2), a corporation established under
this subchapter may facilitate the conduct of research, education, or
both at more than one medical center. Such a corporation shall be known
as a `multi-medical center research corporation'.
``(2) The board of directors of a multi-medical center research
corporation under this subsection shall include the official at each
Department medical center concerned who is, or who carries out the
responsibilities of, the medical center director of such center as
specified in section 7363(a)(1)(A)(i) of this title.
``(3) In facilitating the conduct of research, education, or both
at more than one Department medical center under this subchapter, a
multi-medical center research corporation may administer receipts and
expenditures relating to such research, education, or both, as
applicable, performed at the Department medical centers concerned.''.
(2) Expansion of existing corporations to multi-medical
center research corporations.--Such section is further amended
by adding at the end the following new subsection:
``(f) A corporation established under this subchapter may act as a
multi-medical center research corporation under this subchapter in
accordance with subsection (b) if--
``(1) the board of directors of the corporation approves a
resolution permitting facilitation by the corporation of the
conduct of research, education, or both at the other Department
medical center or medical centers concerned; and
``(2) the Secretary approves the resolution of the
corporation under paragraph (1).''.
(b) Restatement and Modification of Authorities on Applicability of
State Law.--
(1) In general.--Section 7361 of such title, as amended by
subsection (a) of this section, is further amended by inserting
after subsection (b) the following new subsection (c):
``(c) Any corporation established under this subchapter shall be
established in accordance with the nonprofit corporation laws of the
State in which the applicable Department medical center is located and
shall, to the extent not inconsistent with any Federal law, be subject
to the laws of such State. In the case of any multi-medical center
research corporation that facilitates the conduct of research,
education, or both at Department medical centers located in different
States, the corporation shall be established in accordance with the
nonprofit corporation laws of the State in which one of such Department
medical centers is located.''.
(2) Conforming amendment.--Section 7365 of such title is
repealed.
(c) Clarification of Status of Corporations.--Section 7361 of such
title, as amended by this section, is further amended--
(1) in subsection (a), by striking the second sentence; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) Except as otherwise provided in this subchapter or under
regulations prescribed by the Secretary, any corporation established
under this subchapter, and its officers, directors, and employees,
shall be required to comply only with those Federal laws, regulations,
and executive orders and directives that apply generally to private
nonprofit corporations.
``(2) A corporation under this subchapter is not--
``(A) owned or controlled by the United States; or
``(B) an agency or instrumentality of the United States.''.
(d) Reinstatement of Requirement for 501(c)(3) Status of
Corporations.--Subsection (e) of section 7361 of such title, as
redesignated by subsection (a)(1) of this section, is further amended
by inserting ``section 501(c)(3) of'' after ``exempt from taxation
under''.
SEC. 3. CLARIFICATION OF PURPOSES OF CORPORATIONS.
(a) Clarification of Purposes.--Subsection (a) of section 7362 of
title 38, United States Code, is amended--
(1) in the first sentence--
(A) by striking ``Any corporation'' and all that
follows through ``facilitate'' and inserting ``A
corporation established under this subchapter shall be
established to provide a flexible funding mechanism for
the conduct of approved research and education at one
or more Department medical centers and to facilitate
functions related to the conduct of''; and
(B) by inserting before the period at the end the
following: ``or centers''; and
(2) in the second sentence, by inserting ``or centers''
after ``medical center''.
(b) Modification of Defined Term Relating to Education and
Training.--Subsection (b) of such section is amended in the matter
preceding paragraph (1) by striking ``the term `education and
training''' and inserting ``the term `education' includes education and
training and''.
(c) Repeal of Role of Corporations With Respect to Fellowships.--
Paragraph (1) of subsection (b) of such section is amended by striking
the flush matter following subparagraph (C).
(d) Availability of Education for Families of Veteran Patients.--
Paragraph (2) of subsection (b) of such section is amended by striking
``to patients and to the families'' and inserting ``and includes
education and training for patients and families''.
SEC. 4. MODIFICATION OF REQUIREMENTS FOR BOARDS OF DIRECTORS OF
CORPORATIONS.
(a) Requirements for Department Board Members.--Paragraph (1) of
section 7363(a) of title 38, United States Code, is amended to read as
follows:
``(1) with respect to the Department medical center--
``(A)(i) the director (or directors of each
Department medical center, in the case of a multi-
medical center research corporation);
``(ii) the chief of staff; and
``(iii) as appropriate for the activities of such
corporation, the associate chief of staff for research
and the associate chief of staff for education; or
``(B) in the case of a Department medical center at
which one or more of the positions referred to in
subparagraph (A) do not exist, the official or
officials who are responsible for carrying out the
responsibilities of such position or positions at the
Department medical center; and''.
(b) Requirements for Non-Department Board Members.--Paragraph (2)
of such section is amended--
(1) by inserting ``not less than two'' before ``members'';
and
(2) by striking ``and who'' and all that follows through
the period at the end and inserting ``and who have backgrounds,
or business, legal, financial, medical, or scientific
expertise, of benefit to the operations of the corporation.''.
(c) Conflicts of Interest.--Subsection (c) of section 7363 of such
title is amended by striking ``, employed by, or have any other
financial relationship with'' and inserting ``or employed by''.
SEC. 5. CLARIFICATION OF POWERS OF CORPORATIONS.
(a) In General.--Section 7364 of title 38, United States Code, is
amended to read as follows:
``Sec. 7364. General powers
``(b) In General.--(1) A corporation established under this
subchapter may, solely to carry out the purposes of this subchapter--
``(A) accept, administer, retain, and spend funds derived
from gifts, contributions, grants, fees, reimbursements, and
bequests from individuals and public and private entities;
``(B) enter into contracts and agreements with individuals
and public and private entities;
``(C) subject to paragraph (2), set fees for education and
training facilitated under section 7362 of this title, and
receive, retain, administer, and spend funds in furtherance of
such education and training;
``(D) reimburse amounts to the applicable appropriation
account of the Department for the Office of General Counsel for
any expenses of that Office in providing legal services
attributable to research and education agreements under this
subchapter; and
``(E) employ such employees as the corporation considers
necessary for such purposes and fix the compensation of such
employees.
``(2) Fees charged pursuant to paragraph (1)(C) for education and
training described in that paragraph to individuals who are officers or
employees of the Department may not be paid for by any funds
appropriated to the Department.
``(3) Amounts reimbursed to the Office of General Counsel under
paragraph (1)(D) shall be available for use by the Office of the
General Counsel only for staff and training, and related travel, for
the provision of legal services described in that paragraph and shall
remain available for such use without fiscal year limitation.
``(c) Transfer and Administration of Funds.--(1) Except as provided
in paragraph (2), any funds received by the Secretary for the conduct
of research or education at a Department medical center or centers,
other than funds appropriated to the Department, may be transferred to
and administered by a corporation established under this subchapter for
such purposes.
``(2) A Department medical center may reimburse the corporation for
all or a portion of the pay, benefits, or both of an employee of the
corporation who is assigned to the Department medical center if the
assignment is carried out pursuant to subchapter VI of chapter 33 of
title 5.
``(3) A Department medical center may retain and use funds provided
to it by a corporation established under this subchapter. Such funds
shall be credited to the applicable appropriation account of the
Department and shall be available, without fiscal year limitation, for
the purposes of that account.
``(d) Research Projects.--Except for reasonable and usual
preliminary costs for project planning before its approval, a
corporation established under this subchapter may not spend funds for a
research project unless the project is approved in accordance with
procedures prescribed by the Under Secretary for Health for research
carried out with Department funds. Such procedures shall include a
scientific review process.
``(e) Education Activities.--Except for reasonable and usual
preliminary costs for activity planning before its approval, a
corporation established under this subchapter may not spend funds for
an education activity unless the activity is approved in accordance
with procedures prescribed by the Under Secretary for Health.
``(f) Policies and Procedures.--The Under Secretary for Health may
prescribe policies and procedures to guide the spending of funds by
corporations established under this subchapter that are consistent with
the purpose of such corporations as flexible funding mechanisms and
with Federal and State laws and regulations, and executive orders,
circulars, and directives that apply generally to the receipt and
expenditure of funds by nonprofit organizations exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986.''.
(b) Conforming Amendment.--Section 7362(a) of such title, as
amended by section 3(a)(1) of this Act, is further amended by striking
the last sentence.
SEC. 6. REDESIGNATION OF SECTION 7364A OF TITLE 38, UNITED STATES CODE.
(a) Redesignation.--Section 7364A of title 38, United States Code,
is redesignated as section 7365 of such title.
(b) Clerical Amendments.--The table of sections at the beginning of
chapter 73 of such title is amended--
(1) by striking the item relating to section 7364A; and
(2) by striking the item relating to section 7365 and
inserting the following new item:
``7365. Coverage of employees under certain Federal tort claims
laws.''.
SEC. 7. IMPROVED ACCOUNTABILITY AND OVERSIGHT OF CORPORATIONS.
(a) Additional Information in Annual Reports.--Subsection (b) of
section 7366 of title 38, United States Code, is amended to read as
follows:
``(b)(1) Each corporation shall submit to the Secretary each year a
report providing a detailed statement of the operations, activities,
and accomplishments of the corporation during that year.
``(2)(A) A corporation with revenues in excess of $300,000 for any
year shall obtain an audit of the corporation for that year.
``(B) A corporation with annual revenues between $10,000 and
$300,000 shall obtain an audit of the corporation at least once every
three years.
``(C) Any audit under this paragraph shall be performed by an
independent auditor.
``(3) The corporation shall include in each report to the Secretary
under paragraph (1) the following:
``(A) The most recent audit of the corporation under
paragraph (2).
``(B) The most recent Internal Revenue Service Form 990
`Return of Organization Exempt from Income Tax' or equivalent
and the applicable schedules under such form.''.
(b) Confirmation of Application of Conflict of Interest Regulations
to Appropriate Corporation Positions.--Subsection (c) of such section
is amended--
(1) by striking ``laws and'' each place it appears;
(2) in paragraph (1)--
(A) by inserting ``each officer and'' after ``under
this subchapter,''; and
(B) by striking ``, and each employee of the
Department'' and all that follows through ``during any
year''; and
(3) in paragraph (2)--
(A) by inserting ``, officer,'' after ``verifying
that each director''; and
(B) by striking ``in the same manner'' and all that
follows before the period at the end.
(c) Establishment of Appropriate Payee Reporting Threshold.--
Subsection (d)(3)(C) of such section is amended by striking ``$35,000''
and inserting ``$50,000''. | Veterans Nonprofit Research and Education Corporations Enhancement Act of 2009 - Amends federal provisions concerning the establishment at Department of Veterans Affairs (VA) medical facilities of nonprofit research and education corporations (NRECs) to allow an NREC to facilitate the conduct of research or education, or both, at more than one VA medical center. States that such an NREC shall be known as a multi-medical center research corporation (MCRC).
Allows an NREC to act as a MCRC if: (1) the NREC board of directors approve a resolution permitting that NREC to act as a MCRC; and (2) the Secretary of Veterans Affairs approves the resolution.
Requires each NREC and MCRC (corporation) to be established in accordance with the nonprofit corporation laws of the state in which the VA medical center which it supports is located. States that neither such corporation shall be considered to be owned by, or an agent or instrumentality of, the United States.
Restates the purposes of the corporations.
Modifies the composition of, and standards applicable to, corporation boards of directors, including by changing applicable conflict of interest requirements.
Expands the required areas of experience or expertise with respect to non-VA members of corporation boards of directors.
Increases authorized corporate powers of the corporations to include entering into contracts and setting fees for education and training facilitated through a corporation.
Revises audit requirements to require submission of an Internal Revenue Service return form applicable to organizations exempt from income tax. | To amend title 38, United States Code, to modify and update provisions of law relating to nonprofit research and education corporations, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SEC Regulatory Accountability Act''.
SEC. 2. CONSIDERATION BY THE SECURITIES AND EXCHANGE COMMISSION OF THE
COSTS AND BENEFITS OF ITS REGULATIONS AND CERTAIN OTHER
AGENCY ACTIONS.
Section 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w)
is amended by adding at the end the following:
``(e) Consideration of Costs and Benefits.--
``(1) In general.--Before issuing a regulation under the
securities laws, as defined in section 3(a), the Commission
shall--
``(A) clearly identify the nature and source of the
problem that the proposed regulation is designed to
address, as well as assess the significance of that
problem, to enable assessment of whether any new
regulation is warranted;
``(B) utilize the Chief Economist to assess the
costs and benefits, both qualitative and quantitative,
of the intended regulation and propose or adopt a
regulation only on a reasoned determination that the
benefits of the intended regulation justify the costs
of the regulation;
``(C) identify and assess available alternatives to
the regulation that were considered, including
modification of an existing regulation, together with
an explanation of why the regulation meets the
regulatory objectives more effectively than the
alternatives; and
``(D) ensure that any regulation is accessible,
consistent, written in plain language, and easy to
understand and shall measure, and seek to improve, the
actual results of regulatory requirements.
``(2) Considerations and actions.--
``(A) Required actions.--In deciding whether and
how to regulate, the Commission shall assess the costs
and benefits of available regulatory alternatives,
including the alternative of not regulating, and choose
the approach that maximizes net benefits. Specifically,
the Commission shall--
``(i) consistent with the requirements of
section 3(f) (15 U.S.C. 78c(f)), section 2(b)
of the Securities Act of 1933 (15 U.S.C.
77b(b)), section 202(c) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-2(c)), and
section 2(c) of the Investment Company Act of
1940 (15 U.S.C. 80a-2(c)), consider whether the
rulemaking will promote efficiency,
competition, and capital formation;
``(ii) evaluate whether, consistent with
obtaining regulatory objectives, the regulation
is tailored to impose the least burden on
society, including market participants,
individuals, businesses of differing sizes, and
other entities (including State and local
governmental entities), taking into account, to
the extent practicable, the cumulative costs of
regulations; and
``(iii) evaluate whether the regulation is
inconsistent, incompatible, or duplicative of
other Federal regulations.
``(B) Additional considerations.--In addition, in
making a reasoned determination of the costs and
benefits of a potential regulation, the Commission
shall, to the extent that each is relevant to the
particular proposed regulation, take into consideration
the impact of the regulation on--
``(i) investor choice;
``(ii) market liquidity in the securities
markets; and
``(iii) small businesses.
``(3) Explanation and comments.--The Commission shall
explain in its final rule the nature of comments that it
received, including those from the industry or consumer groups
concerning the potential costs or benefits of the proposed rule
or proposed rule change, and shall provide a response to those
comments in its final rule, including an explanation of any
changes that were made in response to those comments and the
reasons that the Commission did not incorporate those industry
group concerns related to the potential costs or benefits in
the final rule.
``(4) Review of existing regulations.--Not later than 1
year after the date of enactment of the SEC Regulatory
Accountability Act, and every 5 years thereafter, the
Commission shall review its regulations to determine whether
any such regulations are outmoded, ineffective, insufficient,
or excessively burdensome, and shall modify, streamline,
expand, or repeal them in accordance with such review. In
reviewing any regulation (including, notwithstanding paragraph
(6), a regulation issued in accordance with formal rulemaking
provisions) that subjects issuers with a public float of
$250,000,000 or less to the attestation and reporting
requirements of section 404(b) of the Sarbanes-Oxley Act of
2002 (15 U.S.C. 7262(b)), the Commission shall specifically
take into account the large burden of such regulation when
compared to the benefit of such regulation.
``(5) Post-adoption impact assessment.--
``(A) In general.--Whenever the Commission adopts
or amends a regulation designated as a `major rule'
within the meaning of section 804(2) of title 5, United
States Code, it shall state, in its adopting release,
the following:
``(i) The purposes and intended
consequences of the regulation.
``(ii) Appropriate post-implementation
quantitative and qualitative metrics to measure
the economic impact of the regulation and to
measure the extent to which the regulation has
accomplished the stated purposes.
``(iii) The assessment plan that will be
used, consistent with the requirements of
subparagraph (B) and under the supervision of
the Chief Economist of the Commission, to
assess whether the regulation has achieved the
stated purposes.
``(iv) Any unintended or negative
consequences that the Commission foresees may
result from the regulation.
``(B) Requirements of assessment plan and report.--
``(i) Requirements of plan.--The assessment
plan required under this paragraph shall
consider the costs, benefits, and intended and
unintended consequences of the regulation. The
plan shall specify the data to be collected,
the methods for collection and analysis of the
data and a date for completion of the
assessment. The assessment plan shall include
an analysis of any jobs added or lost as a
result of the regulation, differentiating
between public and private sector jobs.
``(ii) Submission and publication of
report.--The Chief Economist shall submit the
completed assessment report to the Commission
no later than 2 years after the publication of
the adopting release, unless the Commission, at
the request of the Chief Economist, has
published at least 90 days before such date a
notice in the Federal Register extending the
date and providing specific reasons why an
extension is necessary. Within 7 days after
submission to the Commission of the final
assessment report, it shall be published in the
Federal Register for notice and comment. Any
material modification of the plan, as necessary
to assess unforeseen aspects or consequences of
the regulation, shall be promptly published in
the Federal Register for notice and comment.
``(iii) Data collection not subject to
notice and comment requirements.--If the
Commission has published its assessment plan
for notice and comment, specifying the data to
be collected and method of collection, at least
30 days prior to adoption of a final regulation
or amendment, such collection of data shall not
be subject to the notice and comment
requirements in section 3506(c) of title 44,
United States Code (commonly referred to as the
Paperwork Reduction Act). Any material
modifications of the plan that require
collection of data not previously published for
notice and comment shall also be exempt from
such requirements if the Commission has
published notice for comment in the Federal
Register of the additional data to be
collected, at least 30 days prior to initiation
of data collection.
``(iv) Final action.--Not later than 180
days after publication of the assessment report
in the Federal Register, the Commission shall
issue for notice and comment a proposal to
amend or rescind the regulation, or publish a
notice that the Commission has determined that
no action will be taken on the regulation. Such
a notice will be deemed a final agency action.
``(6) Covered regulations and other agency actions.--Solely
as used in this subsection, the term `regulation'--
``(A) means an agency statement of general
applicability and future effect that is designed to
implement, interpret, or prescribe law or policy or to
describe the procedure or practice requirements of an
agency, including rules, orders of general
applicability, interpretive releases, and other
statements of general applicability that the agency
intends to have the force and effect of law; and
``(B) does not include--
``(i) a regulation issued in accordance
with the formal rulemaking provisions of
section 556 or 557 of title 5, United States
Code;
``(ii) a regulation that is limited to
agency organization, management, or personnel
matters;
``(iii) a regulation promulgated pursuant
to statutory authority that expressly prohibits
compliance with this provision; and
``(iv) a regulation that is certified by
the agency to be an emergency action, if such
certification is published in the Federal
Register.''.
SEC. 3. SENSE OF CONGRESS RELATING TO OTHER REGULATORY ENTITIES.
It is the sense of the Congress that the Public Company Accounting
Oversight Board should also follow the requirements of section 23(e) of
such Act, as added by this title.
SEC. 4. ACCOUNTABILITY PROVISION RELATING TO OTHER REGULATORY ENTITIES.
A rule adopted by the Municipal Securities Rulemaking Board or any
national securities association registered under section 15A of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-3) shall not take effect
unless the Securities and Exchange Commission determines that, in
adopting such rule, the Board or association has complied with the
requirements of section 23(e) of such Act, as added by section 2, in
the same manner as is required by the Commission under such section
23(e). | . SEC Regulatory Accountability Act This bill amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC), before issuing a regulation under the securities laws, to: identify the nature and source of the problem that the proposed regulation is designed to address in order to assess whether any new regulation is warranted; use the SEC Chief Economist to assess the costs and benefits of the intended regulation and adopt it only upon a reasoned determination that its benefits justify the costs; identify and assess available alternatives that were considered; and ensure that any regulation is accessible, consistent, written in plain language, and easy to understand. The SEC shall: consider the impact of the regulation upon investor choice, market liquidity, and small business; and explain in its final rule the nature of comments received concerning the proposed rule or rule change as well as its response to those comments. The SEC shall: (1) review its existing regulations periodically to determine if they are outmoded, ineffective, insufficient, or excessively burdensome; and (2) modify, streamline, expand, or repeal them. Whenever it adopts or amends a major rule, the SEC shall state in its adopting release the regulation's purposes and intended consequences, the post-implementation quantitative and qualitative metrics to measure the regulation's economic impact, the assessment plan to be used under the supervision of the Chief Economist to assess whether the regulation has achieved those purposes, and any foreseeable unintended or negative consequences. The assessment plan must: (1) consider the regulation's costs, benefits, and intended and unintended consequences; and (2) specify the data to be collected, the methods for its collection and analysis, and an assessment completion date. The bill expresses the sense of Congress that the Public Company Accounting Oversight Board should also follow the requirements set forth by this bill. | SEC Regulatory Accountability Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetic Retinopathy Prevention Act
of 2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Type 2 diabetes affects 17,000,000 Americans, with over
1,000,000 new cases diagnosed each year, and costs the Nation
an estimated $138,000,000,000 per year.
(2) Diabetic retinopathy is the most common complication
resulting from diabetes, and causes degradation in visual
acuity and eventual blindness. Diabetic retinopathy is the
leading cause of blindness in people aged 20 to 74, and up to
24,000 diabetics become legally blind each year.
(3) Most individuals with diabetes will ultimately develop
diabetic retinopathy, and the risk of diabetic retinopathy
increases with the duration of diabetes. Onset of type 2
diabetes is today occurring at younger ages, which will
increase the prevalence of diabetic retinopathy in the future.
(4) Clinical trials have demonstrated that early detection
and treatment of diabetic retinopathy can reduce vision loss by
90 percent, and remote assessment of diabetic retinopathy has
the potential to reach large numbers of diabetic patients who
live in rural, remote or underserved areas and who lack
geographical or financial access to regular, in-office eye
examinations by eye specialists.
SEC. 3. MEDICARE COVERAGE OF REMOTE ASSESSMENT OF DIABETIC RETINOPATHY.
(a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in paragraph (s)(1)--
(A) in subparagraph (U), by striking ``and'' at the
end;
(B) in subparagraph (V)(iii), by adding ``and'' at
the end; and
(C) by inserting after subparagraph (V) the
following new subparagraph:
``(W) remote assessment of diabetic retinopathy (as defined
in subsection (ww));''; and
(2) by adding at the end the following new subsection:
``Remote Assessment of Diabetic Retinopathy
``(ww) The term `remote assessment of diabetic retinopathy' means a
diagnostic examination of the retina for the purpose of early detection
of diabetic retinopathy that--
``(1) is provided not more frequently than on an annual
basis to an individual who has been diagnosed with diabetes;
``(2) meets technical standards set forth by the Secretary
(which shall be determined in consultation with industry and
practitioner groups with expertise in ophthalmic photography,
telemedicine, or related fields); and
``(3) is furnished via a telecommunications system by a
physician (as defined in subsection (r)), a practitioner
(described in section 1842(b)(18)(C) of this title), or a non-
physician technician deemed to be qualified by the Secretary
under the regulations promulgated pursuant to this Act, to an
eligible patient enrolled under this part, notwithstanding that
the individual physician or practitioner providing the service
is not at the same location as the beneficiary.''.
(b) Payment Notwithstanding Limitation on Store and Forward
Technology.--Notwithstanding any limitations to the contrary that are
set forth in section 1834(m)(1) of the Social Security Act (42 U.S.C.
1395m(m)(1)), the amendments made by subsection (a) shall be applicable
to remote assessments of diabetic retinopathy that are furnished
through the use of store-and-forward technologies that provide for the
asynchronous transmission of health care information in single or
multimedia formats.
(c) Interim Payment Pending Publication of Final Rule.--For the
period beginning 30 days after the date of the enactment of this Act
and ending on the date the Secretary of Health and Human Services
publishes a final regulation to carry out section 1861(s)(1)(W) of the
Social Security Act, as added by subsection (a), the Secretary shall
provide for payment of retinopathy assessments furnished under such
section during such period, and assign such temporary HCPCS code as is
necessary to provide for such payment.
(d) Study on Reimbursement for Remote Assessments of Diabetic
Retinopathy.--(1) Not later than 1 year after the date of the enactment
of this Act, the Secretary of Health and Human Services shall conduct a
study on the costs incurred by health care providers to provide remote
assessment of diabetic retinopathy services, including an analysis of--
(A) per-patient cost, and
(B) start-up and administrative costs.
(2) Not later than 2 years after the date of the enactment of this
Act, the Secretary shall submit a report to Congress on the study
conducted under paragraph (1) and shall include recommendations as
respect to--
(A) the adequacy of reimbursements for remote assessment of
diabetic retinopathy under the medicare program; and
(B) whether the study under paragraph (1) should be
repeated, and if so, how frequently.
(e) Effective Date.--The amendments made by subsection (a) shall
apply to assessments performed on or after the date that is 30 days
after the date of the enactment of this Act.
SEC. 4 MEDICAID COVERAGE OF REMOTE ASSESSMENT OF DIABETIC RETINOPATHY.
(a) Requirement.--Section 1905(a)(13) of the Social Security Act
(42 U.S.C. 1396d(a)(13)) is amended by inserting ``remote assessment of
diabetic retinopathy (as defined in section 1861(s)(1)(ww)),'' after
``including''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to assessments performed on or after the date of the enactment of
this Act.
(c) State Compliance.--In the case of a State plan for medical
assistance under title XIX of the Social Security Act which the
Secretary of Health and Human Services determines requires State
legislation (other than legislation authorizing or appropriating funds)
in order for the plan to meet the additional requirement imposed by the
amendments made by subsection (a), the State plan shall not be regarded
as failing to comply with the requirements of such title solely on the
basis of its failure to meet this additional requirement before the
first day of the first calendar quarter beginning after the close of
the first regular session of the State legislature that begins after
the date of the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative session,
each year of such session shall be deemed to be a separate regular
session of the State legislature.
SEC. 5. MOBILE DIABETIC RETINOPATHY SCREENING PILOT PROGRAM.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended--
(1) by moving section 317R so that it follows section 317Q;
and
(2) by inserting after section 317R (as so moved) the
following:
``SEC. 317S. MOBILE DIABETIC RETINOPATHY SCREENING PILOT PROGRAM.
``(a) In General.--
``(1) Establishment.--The Secretary shall establish a grant
program, to be known as the ``Mobile Diabetic Retinopathy
Screening Pilot Program'', to make grants to 5 eligible
entities for the purpose of establishing mobile diabetic
retinopathy screening programs.
``(2) Use of funds.--The Secretary may not make a grant to
an eligible entity under this section unless the entity agrees
to use the grant to carry out a project consisting of the
design, demonstration, and implementation of a mobile diabetic
retinopathy screening program.
``(3) Maximum amount.--The Secretary may not make any grant
under this section in an amount that is greater than $1,000,000
for any year.
``(4) Solicitation of applications.--Not later than 90 days
after the date on which amounts are first made available to
carry out this section, the Secretary shall publish a notice of
solicitation for applications for grants under this section
that specifies the information to be included in each
application.
``(5) Applications.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary at
such time, in such form, and containing such information as the
Secretary may require.
``(6) Priority.--In making grants under this section, the
Secretary shall give priority to any applicant that--
``(A) has experience in evaluating diabetic
retinopathy using telecommunications equipment,
including store and forward technologies; and
``(B) proposes to serve rural, impoverished,
minority, and remote populations.
``(7) Congressional notification.--The Secretary may not
make a grant under this section unless, not less than 3 days
before making the grant, the Secretary provides notification of
the grant to the appropriate committees of the Congress.
``(b) Evaluation and Report.--
``(1) Evaluation.--Not later than 3 years after making the
first grant under this section, the Secretary shall convene an
advisory committee for the purposes of conducting an evaluation
of the Mobile Diabetic Retinopathy Screening Pilot Program. In
conducting the evaluation, the advisory committee shall
determine--
``(A) whether the Program has been effective in
increasing early detection of diabetic retinopathy,
whether preventative measures taken upon such detection
have been effective in decreasing the prevalence and
severity of diabetic retinopathy, and whether these
findings warrant continued or expanded support of the
Program; and
``(B) whether the program may serve as a useful
model for similar screening programs to detect
complications associated with diabetes, high blood
pressure, high cholesterol, and other chronic
conditions.
``(2) Report.--Not later than 42 months after making the
first grant under this section, the Secretary shall submit a
report to the appropriate committees of the Congress containing
the results of the advisory committee's evaluation.
``(c) Definitions.--In this section:
``(1) Advisory committee.--The term `advisory committee'
means the advisory committee convened under subsection (b).
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a hospital (as defined in section 1861(e) of
the Social Security Act (42 U.S.C. 1395x(e))); or
``(B) a State, an institution of higher education,
a local government, a tribal government, a nonprofit
health organization, or a community health center
receiving assistance under section 330.
``(3) Mobile diabetic retinopathy screening program.--The
term `mobile diabetic retinopathy screening program' means any
program--
``(A) that offers remote assessment of diabetic
retinopathy as described in Section 1861(s)(1) of the
Social Security Act (42 U.S.C. 1395x);
``(B) whose patients primarily reside in rural,
underserved, and remote areas; and
``(C) that is mobile (as determined by the
Secretary).
``(4) Program.--The term `Program' means the Mobile
Diabetic Retinopathy Screening Pilot Program established under
this section.
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section (except for subsection (b))
$5,000,000 for each of fiscal years 2005 through 2009.
``(2) Evaluation and report.--There are authorized to be
appropriated to carry out subsection (b) such sums as may be
necessary.''. | Diabetic Retinopathy Prevention Act of 2003 - Amends the Social Security Act to provide Medicare and Medicaid coverage for remote assessment diabetic retinopathy procedures.
Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a mobile diabetic retinopathy screening pilot program with five eligible entities (hospitals, States, Indian or local governments, institutions of higher education, nonprofit health organizations, or certain community health centers) serving patients primarily in rural underserved areas. | To amend titles XVIII and XIX of the Social Security Act to provide for coverage under the Medicare and Medicaid Programs of certain screening procedures for diabetic retinopathy, and to amend the Public Health Service Act to establish pilot programs to foster such screening, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marketplace Fairness Act of 2013''.
SEC. 2. AUTHORIZATION TO REQUIRE COLLECTION OF SALES AND USE TAXES.
(a) Streamlined Sales and Use Tax Agreement.--Each Member State
under the Streamlined Sales and Use Tax Agreement is authorized to
require all sellers not qualifying for the small seller exception
described in subsection (c) to collect and remit sales and use taxes
with respect to remote sales sourced to that Member State pursuant to
the provisions of the Streamlined Sales and Use Tax Agreement, but only
if the Streamlined Sales and Use Tax Agreement includes the minimum
simplification requirements in subsection (b)(2). A State may exercise
authority under this Act beginning 90 days after the State publishes
notice of the State's intent to exercise the authority under this Act,
but no earlier than the first day of the calendar quarter that is at
least 90 days after the date of the enactment of this Act.
(b) Alternative.--A State that is not a Member State under the
Streamlined Sales and Use Tax Agreement is authorized notwithstanding
any other provision of law to require all sellers not qualifying for
the small seller exception described in subsection (c) to collect and
remit sales and use taxes with respect to remote sales sourced to that
State, but only if the State adopts and implements the minimum
simplification requirements in paragraph (2). Such authority shall
commence beginning no earlier than the first day of the calendar
quarter that is at least 6 months after the date that the State--
(1) enacts legislation to exercise the authority granted by
this Act--
(A) specifying the tax or taxes to which such
authority and the minimum simplification requirements
in paragraph (2) shall apply; and
(B) specifying the products and services otherwise
subject to the tax or taxes identified by the State
under subparagraph (A) to which the authority of this
Act shall not apply; and
(2) implements each of the following minimum simplification
requirements:
(A) Provide--
(i) a single entity within the State
responsible for all State and local sales and
use tax administration, return processing, and
audits for remote sales sourced to the State;
(ii) a single audit of a remote seller for
all State and local taxing jurisdictions within
that State; and
(iii) a single sales and use tax return to
be used by remote sellers to be filed with the
single entity responsible for tax
administration.
A State may not require a remote seller to file sales
and use tax returns any more frequently than returns
are required for nonremote sellers. No local
jurisdiction may require a remote seller to submit a
sales and use tax return or to collect sales and use
taxes other than as provided by this paragraph.
(B) Provide a uniform sales and use tax base among
the State and the local taxing jurisdictions within the
State pursuant to paragraph (1).
(C) Source all interstate sales in compliance with
the sourcing definition set forth in section 4(7).
(D) Provide--
(i) information indicating the taxability
of products and services along with any product
and service exemptions from sales and use tax
in the State and a rates and boundary database;
(ii) software free of charge for remote
sellers that calculates sales and use taxes due
on each transaction at the time the transaction
is completed, that files sales and use tax
returns, and that is updated to reflect rate
changes as described in subparagraph (H); and
(iii) certification procedures for persons
to be approved as certified software providers.
For purposes of clause (iii), the software provided by
certified software providers shall be capable of
calculating and filing sales and use taxes in all
States qualified under this Act.
(E) Relieve remote sellers from liability to the
State or locality for the incorrect collection,
remittance, or noncollection of sales and use taxes,
including any penalties or interest, if the liability
is the result of an error or omission made by a
certified software provider.
(F) Relieve certified software providers from
liability to the State or locality for the incorrect
collection, remittance, or noncollection of sales and
use taxes, including any penalties or interest, if the
liability is the result of misleading or inaccurate
information provided by a remote seller.
(G) Relieve remote sellers and certified software
providers from liability to the State or locality for
incorrect collection, remittance, or noncollection of
sales and use taxes, including any penalties or
interest, if the liability is the result of incorrect
information or software provided by the State.
(H) Provide remote sellers and certified software
providers with 90 days notice of a rate change by the
State or any locality in the State and update the
information described in subparagraph (D)(i)
accordingly and relieve any remote seller or certified
software provider from liability for collecting sales
and use taxes at the immediately preceding effective
rate during the 90-day notice period if the required
notice is not provided.
(c) Small Seller Exception.--A State is authorized to require a
remote seller to collect sales and use taxes under this Act only if the
remote seller has gross annual receipts in total remote sales in the
United States in the preceding calendar year exceeding $1,000,000. For
purposes of determining whether the threshold in this subsection is
met--
(1) the sales of all persons related within the meaning of
subsections (b) and (c) of section 267 or section 707(b)(1) of
the Internal Revenue Code of 1986 shall be aggregated; or
(2) persons with 1 or more ownership relationships shall
also be aggregated if such relationships were designed with a
principal purpose of avoiding the application of these rules.
SEC. 3. LIMITATIONS.
(a) In General.--Nothing in this Act shall be construed as--
(1) subjecting a seller or any other person to franchise,
income, occupation, or any other type of taxes, other than
sales and use taxes;
(2) affecting the application of such taxes; or
(3) enlarging or reducing State authority to impose such
taxes.
(b) No Effect on Nexus.--This Act shall not be construed to create
any nexus between a person and a State or locality.
(c) Licensing and Regulatory Requirements.--Nothing in this Act
shall be construed as permitting or prohibiting a State from--
(1) licensing or regulating any person;
(2) requiring any person to qualify to transact intrastate
business;
(3) subjecting any person to State or local taxes not
related to the sale of goods or services; or
(4) exercising authority over matters of interstate
commerce.
(d) No New Taxes.--Nothing in this Act shall be construed as
encouraging a State to impose sales and use taxes on any goods or
services not subject to taxation prior to the date of the enactment of
this Act.
(e) No Effect on Intrastate Sales.--The provisions of this Act
shall apply only to remote sales and shall not apply to intrastate
sales or intrastate sourcing rules. States granted authority under
section 2(a) shall comply with all intrastate provisions of the
Streamlined Sales and Use Tax Agreement.
(f) No Effect on Mobile Telecommunications Sourcing Act.--Nothing
in this Act shall be construed as altering in any manner or preempting
the Mobile Telecommunications Sourcing Act (4 U.S.C. 116-126).
SEC. 4. DEFINITIONS AND SPECIAL RULES.
In this Act:
(1) Certified software provider.--The term ``certified
software provider'' means a person that--
(A) provides software to remote sellers to
facilitate State and local sales and use tax compliance
pursuant to section 2(b)(2)(D); and
(B) is certified by a State to so provide such
software.
(2) Locality; local.--The terms ``locality'' and ``local''
refer to any political subdivision of a State.
(3) Member state.--The term ``Member State''--
(A) means a Member State as that term is used under
the Streamlined Sales and Use Tax Agreement as in
effect on the date of the enactment of this Act; and
(B) does not include any associate member under the
Streamlined Sales and Use Tax Agreement.
(4) Person.--The term ``person'' means an individual,
trust, estate, fiduciary, partnership, corporation, limited
liability company, or other legal entity, and a State or local
government.
(5) Remote sale.--The term ``remote sale'' means a sale
into a State in which the seller would not legally be required
to pay, collect, or remit State or local sales and use taxes
unless provided by this Act.
(6) Remote seller.--The term ``remote seller'' means a
person that makes remote sales in the State.
(7) Sourced.--For purposes of a State granted authority
under section 2(b), the location to which a remote sale is
sourced refers to the location where the item sold is received
by the purchaser, based on the location indicated by
instructions for delivery that the purchaser furnishes to the
seller. When no delivery location is specified, the remote sale
is sourced to the customer's address that is either known to
the seller or, if not known, obtained by the seller during the
consummation of the transaction, including the address of the
customer's payment instrument if no other address is available.
If an address is unknown and a billing address cannot be
obtained, the remote sale is sourced to the address of the
seller from which the remote sale was made. A State granted
authority under section 2(a) shall comply with the sourcing
provisions of the Streamlined Sales and Use Tax Agreement.
(8) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Islands,
the Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.
(9) Streamlined sales and use tax agreement.--The term
``Streamlined Sales and Use Tax Agreement'' means the multi-
State agreement with that title adopted on November 12, 2002,
as in effect on the date of the enactment of this Act and as
further amended from time to time.
SEC. 5. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held to be unconstitutional, the
remainder of this Act and the application of the provisions of such to
any person or circumstance shall not be affected thereby.
SEC. 6. PREEMPTION.
Except as otherwise provided in this Act, this Act shall not be
construed to preempt or limit any power exercised or to be exercised by
a State or local jurisdiction under the law of such State or local
jurisdiction or under any other Federal law. | Marketplace Fairness Act of 2013 - Authorizes each member state under the Streamlined Sales and Use Tax Agreement (the multistate agreement for the administration and collection of sales and use taxes adopted on November 12, 2002) to require all sellers not qualifying for a small-seller exception (applicable to sellers with annual gross receipts in total U.S. remote sales not exceeding $1 million) to collect and remit sales and use taxes with respect to remote sales under provisions of the Agreement, but only if such Agreement includes minimum simplification requirements relating to the administration of the tax, audits, and streamlined filing. Defines "remote sale" as a sale of goods or services into a state in which the seller would not legally be required to pay, collect, or remit state or local sales and use taxes unless provided by this Act. | Marketplace Fairness Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Fish and Wildlife
Foundation Establishment Act Amendments of 1998''.
SEC. 2. PURPOSES.
Section 2(b) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701(b)) is amended by striking paragraph
(1) and inserting the following:
``(1) to encourage, accept, and administer private gifts of
property for the benefit of, or in connection with, the
activities and services of the Department of the Interior or
the Department of Commerce, particularly the United States Fish
and Wildlife Service and the National Oceanic and Atmospheric
Administration, to further the conservation and management of
fish, wildlife, and plant resources;''.
SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--Section 3 of the National Fish
and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended
by striking subsection (a) and inserting the following:
``(a) Establishment and Membership.--
``(1) In general.--The Foundation shall have a governing
Board of Directors (referred to in this Act as the `Board'),
which shall consist of 25 Directors appointed in accordance
with subsection (b), each of whom shall be a United States
citizen.
``(2) Representation of diverse points of view.--To the
maximum extent practicable, the membership of the Board shall
represent diverse points of view relating to conservation and
management of fish, wildlife, and plants.
``(3) Not federal employees.--Appointment as a Director of
the Foundation shall not constitute employment by, or the
holding of an office of, the United States for the purpose of
any Federal law.''.
(b) Appointment and Terms.--Section 3 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by
striking subsection (b) and inserting the following:
``(b) Appointment and Terms.--
``(1) Agency heads.--The Director of the United States Fish
and Wildlife Service and the Under Secretary of Commerce for
Oceans and Atmosphere shall be Directors of the Foundation.
``(2) Appointments by the secretary of the interior.--
``(A) In general.--Subject to subparagraph (B),
after consulting with the Secretary of Commerce and
considering the recommendations submitted by the Board,
the Secretary of the Interior shall appoint 23
Directors who meet the criteria established by
subsection (a), of whom--
``(i) at least 6 shall be knowledgeable or
experienced in fish and wildlife conservation;
``(ii) at least 4 shall be educated or
experienced in the principles of fish and
wildlife management; and
``(iii) at least 4 shall be knowledgeable
or experienced in ocean and coastal resource
conservation.
``(B) Transition provision.--
``(i) Continuation of terms.--The 15
Directors serving on the Board as of the date
of enactment of this paragraph shall continue
to serve until the expiration of their terms.
``(ii) New directors.--The Secretary of the
Interior shall appoint 8 new Directors; to the
maximum extent practicable those appointments
shall be made not later than 45 calendar days
after the date of enactment of this paragraph.
``(3) Terms.--
``(A) In general.--Subject to subparagraph (B),
each Director (other than a Director described in
paragraph (1)) shall be appointed for a term of 6
years.
``(B) Initial appointments to new member
positions.--Of the Directors appointed by the Secretary
of the Interior under paragraph (2)(B)(ii), the
Secretary shall appoint--
``(i) 2 Directors for a term of 2 years;
``(ii) 3 Directors for a term of 4 years;
and
``(iii) 3 Directors for a term of 6 years.
``(4) Vacancies.--
``(A) In general.--The Secretary of the Interior
shall fill a vacancy on the Board; to the maximum
extent practicable the vacancy shall be filled not
later than 45 calendar days after the occurrence of the
vacancy.
``(B) Term of appointments to fill unexpired
terms.--An individual appointed to fill a vacancy that
occurs before the expiration of the term of a Director
shall be appointed for the remainder of the term.
``(5) Reappointment.--An individual (other than an
individual described in paragraph (1)) shall not serve more
than 2 consecutive terms as a Director, excluding any term of
less than 6 years.''.
(c) Procedural Matters.--Section 3 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by
adding at the end the following:
``(h) Procedural Matters.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Foundation.''.
(d) Technical Amendments.--
(1) Section 4(c)(5) of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3703(c)(5)) is amended
by striking ``Directors of the Board'' and inserting
``Directors of the Foundation''.
(2) Section 6 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3705) is amended by striking
``Secretary'' and inserting ``Secretary of the Interior or the
Secretary of Commerce''.
(3) Section 6 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3705) is amended by inserting ``or
the Department of Commerce'' after ``Department of the
Interior''.
SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) Principal Office of the Foundation.--Section 4(a)(3) of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703(a)(3)) is amended by inserting after ``the District of Columbia''
the following: ``or in a county in the State of Maryland or Virginia
that borders on the District of Columbia''.
(b) Investment and Deposit of Federal Funds.--Section 4(c) of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703(c)) is amended--
(1) by redesignating paragraphs (3) through (7) as
paragraphs (7) through (11), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) to invest any funds provided to the Foundation by the
Federal Government in obligations of the United States or in
obligations or securities that are guaranteed or insured by the
United States;
``(4) to deposit any funds provided to the Foundation by
the Federal Government into accounts that are insured by an
agency or instrumentality of the United States;
``(5) to make use of any interest or investment income that
accrues as a consequence of actions taken under paragraph (3)
or (4) to carry out the purposes of the Foundation;
``(6) to use Federal funds to make payments under
cooperative agreements entered into with willing private
landowners to provide substantial long-term benefits for the
restoration or enhancement of fish, wildlife, and plant
resources on private land;''.
(c) Agency Approval of Acquisitions of Property.--Section 4(e)(1)
of the National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3703(e)(1)) is amended by striking subparagraph (B) and
inserting the following:
``(B) the Foundation notifies the Federal agency that
administers the program under which the funds were provided of
the proposed acquisition, and the agency does not object in
writing to the proposed acquisition within 45 calendar days
after the date of the notification.''.
(d) Repeal.--Section 304 of Public Law 102-440 (16 U.S.C. 3703
note) is repealed.
(e) Agency Approval of Conveyances and Grants.--Section 4(e)(3)(B)
of the National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3703(e)(3)(B)) is amended by striking clause (ii) and inserting
the following:
``(ii) the Foundation notifies the Federal agency that
administers the Federal program under which the funds were
provided of the proposed conveyance or provision of Federal
funds, and the agency does not object in writing to the
proposed conveyance or provision of Federal funds within 45
calendar days after the date of the notification.''.
(f) Reconveyance of Real Property.--Section 4(e) of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)) is
amended by striking paragraph (5) and inserting the following:
``(5) Reconveyance of real property.--The Foundation shall
convey at not less than fair market value any real property
acquired by the Foundation in whole or in part with Federal
funds if the Foundation notifies the Federal agency that
administers the Federal program under which the funds were
provided, and the agency does not disagree within 45 calendar
days after the date of the notification, that--
``(A) the property is no longer valuable for the
purpose of conservation or management of fish,
wildlife, and plants; and
``(B) the purposes of the Foundation would be
better served by use of the proceeds of the conveyance
for other authorized activities of the Foundation.''.
(g) Termination of Condemnation Limitation.--Section 4 of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703) is amended by striking subsection (d).
(h) Expenditures for Printing Services or Capital Equipment.--
Section 4 of the National Fish and Wildlife Foundation Establishment
Act (16 U.S.C. 3703) (as amended by subsection (g)) is amended by
inserting after subsection (c) the following:
``(d) Expenditures for Printing Services or Capital Equipment.--The
Foundation shall not make any expenditure of Federal funds in
connection with any 1 transaction for printing services or capital
equipment that is greater than $10,000 unless the expenditure is
approved by the Federal agency that administers the Federal program
under which the funds were provided.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3709) is amended by striking subsections
(a), (b), and (c) and inserting the following:
``(a) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this Act for each of fiscal years 1999 through
2003--
``(A) $25,000,000 to the Department of the
Interior; and
``(B) $5,000,000 to the Department of Commerce.
``(2) Requirement of advance payment.--The amount made
available for a fiscal year under paragraph (1) shall be
provided to the Foundation in an advance payment of the entire
amount on October 1, or as soon as practicable thereafter, of
the fiscal year.
``(3) Use of appropriated funds.--Subject to paragraph (4),
amounts made available under paragraph (1) shall be provided to
the Foundation for use for matching, on a 1-to-1 basis,
contributions (whether in currency, services, or property) made
to the Foundation by private persons and State and local
government agencies.
``(4) Prohibition on use for administrative expenses.--No
Federal funds made available under paragraph (1) shall be used
by the Foundation for administrative expenses of the
Foundation, including for salaries, travel and transportation
expenses, and other overhead expenses.
``(b) Additional Authorization.--
``(1) In general.--In addition to the amounts authorized to
be appropriated under subsection (a), the Foundation may accept
Federal funds from a Federal agency under any other Federal law
for use by the Foundation to further the conservation and
management of fish, wildlife, and plant resources in accordance
with the requirements of this Act.
``(2) Use of funds accepted from federal agencies.--Federal
funds provided to the Foundation under paragraph (1) shall be
used by the Foundation for matching, in whole or in part,
contributions (whether in currency, services, or property) made
to the Foundation by private persons and State and local
government agencies.
``(c) Prohibition on Use of Grant Amounts for Litigation and
Lobbying Expenses.--Amounts provided as a grant by the Foundation shall
not be used for--
``(1) any expense related to litigation; or
``(2) any activity the purpose of which is to influence
legislation pending before Congress.''.
SEC. 6. LIMITATION ON AUTHORITY.
The National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701 et seq.) is amended by adding at the end the following:
``SEC. 11. LIMITATION ON AUTHORITY.
``Nothing in this Act authorizes the Foundation to perform any
function the authority for which is provided to the National Park
Foundation by Public Law 90-209 (16 U.S.C. 19e et seq.).''.
Passed the Senate October 6 (legislative day, October 2),
1998.
Attest:
GARY SISCO,
Secretary. | National Fish and Wildlife Foundation Establishment Act Amendments of 1998 - Amends the National Fish and Wildlife Foundation Establishment Act (the Act) to expand the National Fish and Wildlife Foundation's authority to accept and administer private gifts within the Departments of Commerce and the Interior.
(Sec. 3) Increases the Foundation's Board of Directors from 15 to 25 members, including the Director of the United States Fish and Wildlife Service and the Under Secretary of Commerce for Oceans and Atmosphere.
(Sec. 4) Authorizes the Foundation to have its principal offices in Washington, D.C. (as currently provided), or in the bordering counties of Maryland and Virginia.
Sets forth conditions for the Foundation to: (1) acquire and convey property, including agency approval; and (2) invest and deposit Federal funds.
Revises provisions relating to agency approval of acquisitions of property and of conveyances and grants. Sets forth limitations relating to the Foundation's: (1) reconveyance of real property; and (2) expenditures for printing services or capital equipment.
Repeals an exemption from State or local government condemnation for Foundation lands, water, and interests valuable for fish and wildlife conservation or management.
Amends the Wild Bird Conservation Act of 1992 to repeal specified grant and audit provisions with respect to the Foundation.
(Sec. 5) Authorizes appropriations through FY 2003 for the Departments of Commerce and the Interior to carry out activities under the Act. Authorizes the Foundation to accept funds from a Federal agency under any other Federal law to further its conservation activities. Sets forth matching fund requirements.
Prohibits Foundation grants from being used for litigation expenses or for lobbying the Congress.
(Sec. 6) Declares that nothing in the Act authorizes the Foundation to perform any function for which authority is provided to the National Park Foundation by specified Federal law. | National Fish and Wildlife Foundation Establishment Act Amendments of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Access for Small
Businesses Act of 2004''.
SEC. 2. THREE-SHARE PROGRAMS.
The Social Security Act (42 U.S.C. 301 et seq.) is amended by
adding at the end the following:
``TITLE XXII--PROVIDING FOR THE UNINSURED
``SEC. 2201. THREE-SHARE PROGRAMS.
``(a) Pilot Programs.--The Secretary, acting through the
Administrator, shall award grants under this section for the startup
and operation of 50 eligible three-share pilot programs for a 5-year
period.
``(b) Grants for Three-Share Programs.--
``(1) Establishment.--The Administrator may award grants to
eligible entities--
``(A) to establish three-share programs;
``(B) to provide for contributions to the premiums
assessed for coverage under a three-share program as
provided for in subsection (c)(2)(B)(iii); and
``(C) to establish risk pools.
``(2) Three-share program plan.--Each entity desiring a
grant under this subsection shall develop a plan for the
establishment and operation of a three-share program that meets
the requirements of paragraphs (2) and (3) of subsection (c).
``(3) Application.--Each entity desiring a grant under this
subsection shall submit an application to the Administrator at
such time, in such manner and containing such information as
the Administrator may require, including--
``(A) the three-share program plan described in
paragraph (2); and
``(B) an assurance that the eligible entity will--
``(i) determine a benefit package;
``(ii) recruit businesses and employees for
the three-share program;
``(iii) build and manage a network of
health providers or contract with an existing
network or licensed insurance provider;
``(iv) manage all administrative needs; and
``(v) establish relationships among
community, business, and provider interests.
``(4) Priority.--In awarding grants under this section the
Secretary shall give priority to an applicant--
``(A) that is an existing three-share program;
``(B) that is an eligible three-share program that
has demonstrated community support; or
``(C) that is located in a State with insurance
laws and regulations that permit three-share program
expansion.
``(c) Grant Eligibility.--
``(1) In general.--The Secretary, acting through the
Administrator, shall promulgate regulations providing for the
eligibility of three-share programs for participation in the
pilot program under this section.
``(2) Three-share program requirements.--
``(A) In general.--To be determined to be an
eligible three-share program for purposes of
participation in the pilot program under this section a
three-share program shall--
``(i) be either a non-profit or local
governmental entity;
``(ii) define the region in which such
program will provide services;
``(iii) have the capacity to carry out
administrative functions of managing health
plans, including monthly billings,
verification/enrollment of eligible employers
and employees, maintenance of membership
rosters, development of member materials (such
as handbooks and identification cards),
customer service, and claims processing; and
``(iv) have demonstrated community
involvement.
``(B) Payment.--To be eligible under paragraph (1),
a three-share program shall pay the costs of services
provided under subparagraph (A)(ii) by charging a
monthly premium for each covered individual to be
divided as follows:
``(i) Not more than 30 percent of such
premium shall be paid by a qualified employee
desiring coverage under the three-share
program.
``(ii) Not more than 30 percent of such
premium shall be paid by the qualified employer
of such a qualified employee.
``(iii) At least 40 percent of such premium
shall be paid from amounts provided under a
grant under this section.
``(iv) Any remaining amount shall be paid
by the three-share program from other public,
private, or charitable sources.
``(C) Program flexibility.--A three-share program
may set an income eligibility guideline for enrollment
purposes.
``(3) Coverage.--
``(A) In general.--To be an eligible three-share
program under this section, the three-share program
shall provide at least the following benefits:
``(i) Physicians services.
``(ii) In-patient hospital services.
``(iii) Out-patient services.
``(iv) Emergency room visits.
``(v) Emergency ambulance services.
``(vi) Diagnostic lab fees and x-rays.
``(vii) Prescription drug benefits.
``(B) Limitation.--Nothing in subparagraph (A)
shall be construed to require that a three-share
program provide coverage for services performed outside
the region described in paragraph (2)(A)(i).
``(C) Preexisting conditions.--A program described
in subparagraph (A) shall not be an eligible three-
share program under paragraph (1) if any individual can
be excluded from coverage under such program because of
a preexisting health condition.
``(d) Grants for Existing Three-Share Programs To Meet
Certification Requirements.--
``(1) In general.--The Administrator may award grants to
three-share programs that are operating on the date of
enactment of this section.
``(2) Application.--Each eligible entity desiring a grant
under this subsection shall submit an application to the
Administrator at such time, in such manner, and containing such
information as the Administrator may require.
``(e) Application of State Laws.--Nothing in this section shall be
construed to preempt State law.
``(f) Distressed Business Formula.--
``(1) In general.--Not later than 60 days after the date of
enactment of this section, the Administrator of the Health
Resources and Services Administration shall develop a formula
to determine which businesses qualify as distressed businesses
for purposes of this section.
``(2) Effect on insurance market.--Granting eligibility to
a distressed business using the formula under paragraph (1)
shall not interfere with the insurance market. Any business
found to have reduced benefits to qualify as a distressed
business under the formula under paragraph (1) shall not be
eligible to be a three-share program for purposes of this
section.
``(g) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Health Resources and Services
Administration.
``(2) Covered individual.--The term `covered individual'
means--
``(A) a qualified employee; or
``(B) a child under the age of 23 or a spouse of
such qualified employee who--
``(i) lacks access to health care coverage
through their employment or employer;
``(ii) lacks access to health coverage
through a family member;
``(iii) is not eligible for coverage under
the medicare program under title XVIII or the
medicaid program under title XIX; and
``(iv) does not qualify for benefits under
the State Children's Health Insurance Program
under title XXI.
``(3) Distressed business.--The term `distressed business'
means a business that--
``(A) in light of economic hardship and rising
health care premiums may be forced to discontinue or
scale back its health care coverage; and
``(B) qualifies as a distressed business according
to the formula under subsection (g).
``(4) Eligible entity.--The term `eligible entity' means an
entity that meets the requirements of subsection (a)(2)(A).
``(5) Qualified employee.--The term `qualified employee'
means any individual employed by a qualified employer who meets
certain criteria including--
``(A) lacking access to health coverage through a
family member or common law partner;
``(B) not being eligible for coverage under the
medicare program under title XVIII or the medicaid
program under title XIX; and
``(C) agreeing that the share of fees described in
subsection (a)(2)(B)(i) shall be paid in the form of
payroll deductions from the wages of such individual.
``(6) Qualified employer.--The term `qualified employer'
means an employer as defined in section 3(d) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(d)) who--
``(A) is a small business concern as defined in
section 3(a) of the Small Business Act (15 U.S.C. 632);
``(B) is located in the region described in
subsection (a)(2)(A)(i); and
``(C) has not contributed to the health care
benefits of its employees for at least 12 months
consecutively or currently provides insurance but is
classified as a distressed business.
``(h) Evaluation.--Not later than 90 days after the end of the 5-
year period during which grants are available under this section, the
General Accounting Office shall submit to the Secretary and the
appropriate committees of Congress a report concerning--
``(1) the effectiveness of the programs established under
this section;
``(2) the number of individuals covered under such
programs;
``(3) any resulting best practices; and
``(4) the level of community involvement.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2005 through 2010.''. | Health Care Access for Small Businesses Act of 2004 - Amends the Social Security Act to create a new title XXII to address health insurance coverage for small businesses.
Requires the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for the startup and operation of 50 eligible three-share (three-way health insurance premium sharing between employer, employee, and the community) pilot programs for a five-year period.
Authorizes the use of grants to establish three-share programs, provide for contributions to premiums assessed for coverage under such programs, and establish risk pools.
Requires grant applicants to: (1) be either nonprofits or local governmental entities; (2) define the program's service region; (3) have the capacity to carry out administrative functions associated with managing health plans; and (4) have demonstrated community involvement.
Requires programs to pay for the costs of services through monthly premiums, divided according to specified percentages.
Sets forth minimal coverage requirements for three-share program eligibility.
Requires the Administrator to develop a formula to determine which businesses qualify as distressed businesses for purposes of this Act.
Directs the General Accounting Office to submit a report to the Secretary and appropriate congressional committees after the grant period has ended. | A bill to provide for the certification of programs to provide uninsured employees of small businesses access to health coverage, and for other purposes. |
SECTION 1. APPROVAL OF THE AGREEMENT BETWEEN THE UNITED STATES AND THE
REPUBLIC OF PALAU.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the Agreement
and appendices signed by the United States and the Republic of
Palau on September 3, 2010.
(2) Compact of free association.--The term ``Compact of
Free Association'' means the Compact of Free Association
between the Government of the United States of America and the
Government of Palau (48 U.S.C. 1931 note; Public Law 99-658).
(b) Results of Compact Review.--
(1) In general.--Title I of Public Law 99-658 (48 U.S.C.
1931 et seq.) is amended by adding at the end the following:
``SEC. 105. RESULTS OF COMPACT REVIEW.
``(a) In General.--The Agreement and appendices signed by the
United States and the Republic of Palau on September 3, 2010 (referred
to in this section as the `Agreement'), in connection with section 432
of the Compact of Free Association between the Government of the United
States of America and the Government of Palau (48 U.S.C. 1931 note;
Public Law 99-658) (referred to in this section as the `Compact of Free
Association'), are approved--
``(1) except for the extension of article X of the
Agreement Regarding Federal Programs and Services, and
Concluded Pursuant to article II of title II and section 232 of
the Compact of Free Association; and
``(2) subject to the provisions of this section.
``(b) Withholding of Funds.--If the Republic of Palau withdraws
more than $5,000,000 from the trust fund established under section
211(f) of the Compact of Free Association in any of fiscal years 2011,
2012, or 2013, amounts payable under sections 1, 2(a), 3, and 4(a), of
the Agreement shall be withheld from the Republic of Palau until the
date on which the Republic of Palau reimburses the trust fund for the
total amounts withdrawn that exceeded $5,000,000 in any of those fiscal
years.
``(c) Funding for Certain Provisions Under Section 105 of Compact
of Free Association.--Within 30 days of enactment of this section, out
of any funds in the Treasury not otherwise appropriated, the Secretary
of the Treasury shall transfer to the Secretary of the Interior such
sums as are necessary for the Secretary of the Interior to implement
sections 1, 2(a), 3, 4(a), and 5 of the Agreement, which sums shall
remain available until expended without any further appropriation.
``(d) Authorizations of Appropriations.--There are authorized to be
appropriated--
``(1) to the Secretary of the Interior to subsidize postal
services provided by the United States Postal Service to the
Republic of Palau, the Republic of the Marshall Islands, and
the Federated States of Micronesia $1,500,000 for each of
fiscal years 2014 through 2024, to remain available until
expended; and
``(2) to the head of each Federal entity described in
paragraphs (1), (3), and (4) of section 221(a) of the Compact
of Free Association (including the successor of each Federal
entity) to carry out the responsibilities of the Federal entity
under section 221(a) of the Compact of Free Association such
sums as are necessary, to remain available until expended.''.
(2) Offset.--Section 3 of the Act of June 30, 1954 (68
Stat. 330, 82 Stat. 1213, chapter 423), is repealed.
(c) Payment Schedule; Withholding of Funds; Funding.--
(1) Compact section 211(f) fund.--Section 1 of the
Agreement shall be construed as though the section reads as
follows:
``SECTION 1. COMPACT SECTION 211(F) FUND.
``The Government of the United States of America (the `Government
of the United States') shall contribute $30,250,000 to the Fund
referred to in section 211(f) of the Compact in accordance with the
following schedule--
``(1) $11,000,000 in fiscal year 2014;
``(2) $3,000,000 in each of fiscal years 2015 through 2017;
``(3) $2,000,000 in each of fiscal years 2018 through 2022;
and
``(4) $250,000 in fiscal year 2023.''.
(2) Infrastructure maintenance fund.--Subsection (a) of
section 2 of the Agreement shall be construed as though the
subsection reads as follows:
``(a) The Government of the United States shall provide a grant of
$6,912,000 for fiscal year 2014 and a grant of $2,000,000 annually from
the beginning of fiscal year 2015 through fiscal year 2024 to create a
trust fund (the `Infrastructure Maintenance Fund') to be used for the
routine and periodic maintenance of major capital improvement projects
financed by funds provided by the United States. The Government of the
Republic of Palau will match the contributions made by the United
States by making contributions of $150,000 to the Infrastructure
Maintenance Fund on a quarterly basis from the beginning of fiscal year
2014 through fiscal year 2024. Implementation of this subsection shall
be carried out in accordance with the provisions of Appendix A to this
Agreement.''.
(3) Fiscal consolidation fund.--Section 3 of the Agreement
shall be construed as though the section reads as follows:
``SEC. 3. FISCAL CONSOLIDATION FUND.
``The Government of the United States shall provide the Government
of Palau $10,000,000 in fiscal year 2014 for deposit in an interest
bearing account to be used to reduce government arrears of Palau.
Implementation of this section shall be carried out in accordance with
the provisions of Appendix B to this Agreement.''.
(4) Direct economic assistance.--Subsection (a) of section
4 of the Agreement shall be construed as though the subsection
reads as follows:
``(a) In addition to the economic assistance of $13,147,000
provided to the Government of Palau by the Government of the United
States in each of fiscal years 2010, 2011, 2012, and 2013, and unless
otherwise specified in this Agreement or in an Appendix to this
Agreement, the Government of the United States shall provide the
Government of Palau $69,250,000 in economic assistance as follows--
``(1) $12,000,000 in fiscal year 2014;
``(2) $11,500,000 in fiscal year 2015;
``(3) $10,000,000 in fiscal year 2016;
``(4) $8,500,000 in fiscal year 2017;
``(5) $7,250,000 in fiscal year 2018;
``(6) $6,000,000 in fiscal year 2019;
``(7) $5,000,000 in fiscal year 2020;
``(8) $4,000,000 in fiscal year 2021;
``(9) $3,000,000 in fiscal year 2022; and
``(10) $2,000,000 in fiscal year 2023.
The funds provided in any fiscal year under this subsection for
economic assistance shall be provided in 4 quarterly payments (30
percent in the first quarter, 30 percent in the second quarter, 20
percent in the third quarter, and 20 percent in the fourth quarter)
unless otherwise specified in this Agreement or in an Appendix to this
Agreement.''.
(5) Infrastructure projects.--Section 5 of the Agreement
shall be construed as though the section reads as follows:
``SEC. 5. INFRASTRUCTURE PROJECTS.
``The Government of the United States shall provide grants totaling
$40,000,000 to the Government of Palau as follows: $30,000,000 in
fiscal year 2014; and $5,000,000 annually in each of fiscal years 2015
and 2016; towards 1 or more mutually agreed infrastructure projects in
accordance with the provisions of Appendix C to this Agreement.''.
(d) Continuing Programs and Laws.--Section 105(f)(1)(B)(ix) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
192ld(f)(1)(B)(ix)) is amended by striking ``2009'' and inserting
``2024''.
(e) Passport Requirement.--Section 141 of Article IV of Title One
of the Compact of Free Association shall be construed and applied as if
it read as follows:
``SEC. 141. PASSPORT REQUIREMENT.
``(a) Any person in the following categories may be admitted to,
lawfully engage in occupations, and establish residence as a
nonimmigrant in the United States and its territories and possessions
without regard to paragraphs (5) or (7)(B)(i)(II) of section 212(a) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(5) or
(a)(7)(B)(i)(II)), provided that the passport presented to satisfy
section 212(a)(7)(B)(i)(I) of such Act is a valid unexpired machine-
readable passport that satisfies the internationally accepted standard
for machine readability--
``(1) a person who, on September 30, 1994, was a citizen of
the Trust Territory of the Pacific Islands, as defined in title
53 of the Trust Territory Code in force on January 1, 1979, and
has become and remains a citizen of Palau;
``(2) a person who acquires the citizenship of Palau, at
birth, on or after the effective date of the Constitution of
Palau; or
``(3) a naturalized citizen of Palau, who has been an
actual resident of Palau for not less than five years after
attaining such naturalization and who holds a certificate of
actual residence.
``(b) Such persons shall be considered to have the permission of
the Secretary of Homeland Security of the United States to accept
employment in the United States.
``(c) The right of such persons to establish habitual residence in
a territory or possession of the United States may, however, be
subjected to non-discriminatory limitations provided for--
``(1) in statutes or regulations of the United States; or
``(2) in those statutes or regulations of the territory or
possession concerned which are authorized by the laws of the
United States.
``(d) Section 141(a) does not confer on a citizen of Palau the
right to establish the residence necessary for naturalization under the
Immigration and Nationality Act, or to petition for benefits for alien
relatives under that Act. Section 141(a), however, shall not prevent a
citizen of Palau from otherwise acquiring such rights or lawful
permanent resident alien status in the United States.''. | Approves, with specified exceptions, the agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010, in connection with the Compact of Free Association between the United States and Palau. Provides that, if Palau withdraws more than $5 million from the trust fund set up by the Compact in any of FY2011-FY2014, certain amounts will be withheld from Palau until it reimburses the fund for the total amounts withdrawn that exceeded $5 million in any of those fiscal years. Authorizes appropriations to: (1) subsidize postal services to Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia for FY2014-FY2024, and (2) carry out specified federal responsibilities under the Compact. Repeals specified offset requirements. Provides funding through FY2023 for: (1) the trust fund, and (2) economic assistance. Provides funding through FY2024 to create an Infrastructure Maintenance Fund for routine and periodic maintenance of major capital improvement projects. (Requires Palau to provide specified quarterly amounts for the Fund.) Provides funding through FY2016 for infrastructure projects. Revises passport requirements. | A bill to approve an agreement between the United States and the Republic of Palau. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Laboratory Personnel
Shortage Act of 2005''.
SEC. 2. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS
OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.
(a) Scholarship and Loan Repayment Programs.--Section 737 of the
Public Health Service Act (42 U.S.C. 293a)) is amended by adding at the
end the following subsection:
``(e) Scholarship and Loan Repayment Program for Medical
Technologists, Medical Laboratory Technicians, and Other Medical
Laboratory Personnel.--
``(1) In general.--The Secretary shall establish a program
of scholarships and loan repayment for the purpose of
alleviating the shortage of medical laboratory personnel. The
scholarship and loan repayment program shall include a period
of obligated service for recipients in a designated health
professional shortage area, or other area where there is a
shortage of medical laboratory personnel. The Secretary may
model the program after the scholarship and loan repayment
programs under sections 338A and 338B.
``(2) Eligible entities.--Schools of allied health, and
health care institution-based programs training medical
laboratory personnel, are eligible to receive awards under
paragraph (1).
``(3) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated $11,193,000 in fiscal year 2006, and such sums as
may be necessary for each of the fiscal years 2007 through
2010. Such authorization is in addition to other authorizations
of appropriations that are available for such purpose.''.
(b) Other Programs Under Title VII.--
(1) Allied health and other disciplines.--
(A) Preference in making awards; public service
announcements.--Section 755 of the Public Health
Service Act (42 U.S.C. 294e)) is amended by adding at
the end the following subsections:
``(c) Preference in Making Awards.--In making awards of grants and
contracts under subsection (a), the Secretary shall give preference to
making awards to assist entities in meeting the costs associated with
expanding or establishing programs that will increase the number of
individuals trained as medical laboratory personnel.
``(d) Public Service Announcements.--The Secretary shall develop
and issue public service announcements that advertise and promote
medical laboratory personnel careers, highlight the advantages and
rewards of medical laboratory personnel careers, and encourage
individuals to enter medical laboratory personnel careers.''.
(B) Authorization of appropriations.--Section 757
of the Public Health Service Act (42 U.S.C. 294g(a)) is
amended by adding at the end the following subsection:
``(d) Allied Health and Other Disciplines.--For the purpose of
carrying out section 755, there are authorized to be appropriated
$100,000,000 for fiscal year 2006, and such sums as may be necessary
for each of the fiscal years 2007 through 2010. Such authorization is
in addition to the authorizations of appropriations under subsection
(a) that are available for such purpose.''.
(2) Other title vii programs.--Section 740 of the Public
Health Service Act (42 U.S.C. 293d) is amended--
(A) by redesignating subsection (d) as subsection
(e); and
(B) by inserting after subsection (c) the following
subsection:
``(d) Medical Laboratory Personnel.--For the purpose of increasing
the number of individuals trained as medical laboratory personnel
through making awards of grants or contracts under sections 737 through
739 for appropriate schools of allied health, there are authorized to
be appropriated, in addition to authorizations of appropriations under
subsections (a) through (c) that are available for such purpose, the
following:
``(1) For awards under section 738 to serve as members of
the faculty of such schools, $332,500 for fiscal year 2006, and
such sums as may be necessary for each of the fiscal years 2007
through 2010.
``(2) For awards under section 739 to such schools,
$8,200,000 for fiscal year 2006, and such sums as may be
necessary for each of the fiscal years 2007 through 2010.''.
(3) Definition of medical laboratory personnel.--Section
799B of the Public Health Service Act (42 U.S.C. 295p) is
amended by adding at the end the following:
``(12) The term `medical laboratory personnel' means allied
health professionals (as defined in paragraph (5)) who are
medical technologists, cytotechnologists, histotechnologists,
phlebotomists, or medical laboratory technicians, or who are in
other fields that, within the meaning of section 353(a)
(relating to the certification of clinical laboratories),
examine materials derived from the human body for the purpose
of providing information for the diagnosis, prevention, or
treatment of any disease or impairment of, or the assessment of
the health of, human beings.''.
SEC. 3. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS
OF CENTERS FOR DISEASE CONTROL AND PREVENTION.
Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.)
is amended by inserting after section 1509 the following section:
``SEC. 1509A. SHORTAGE OF TECHNOLOGISTS FOR LABORATORY ANALYSIS
REGARDING SCREENING FOR CERVICAL CANCER.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration and in
collaboration with the Director of the Centers for Disease Control and
Prevention, shall make grants to appropriate public and nonprofit
private entities to provide training to increase the number of
cytotechnologists who are available with respect to screening women for
cervical cancer.
``(b) Funding.--
``(1) In general.--Subject to paragraph (2), for the
purpose of carrying out this section, there are authorized to
be appropriated $10,000,000 for fiscal year 2006, and such sums
as may be necessary for each of the fiscal years 2007 through
2010.
``(2) Limitation.--The authorization of appropriations
established in paragraph (1) is not effective for a fiscal year
unless the amount appropriated under section 1510(a) for the
fiscal year is equal to or greater than $173,928,000.''.
SEC. 4. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS
OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE.
Section 422(c)(3)(C) of the Public Health Service Act (42 U.S.C.
285b-4(c)(3)(C)) is amended by inserting after ``allied health
professionals'' the following: ``, with emphasis given in the training
of such professionals to the training of medical laboratory personnel
(as defined in section 799B) in medical laboratory disciplines with
respect to which there are needs for increased numbers of personnel''. | Medical Laboratory Personnel Shortage Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a scholarship and loan repayment program to alleviate the shortage of medical laboratory personnel.
Requires the Secretary: (1) when awarding grants and contracts under programs designed to increase the number of allied health professionals, to give preference to assisting entities in expanding or establishing programs to increase the number of individuals trained as medical laboratory personne; and (2) to issue public service announcements that promote medical laboratory personnel careers. Directs the Secretary, acting through the Administrator of the Health Resources and Service Administration (HRSA) and in collaboration with the Director of the Centers for Disease Control and Prevention (CDC), to make grants for training to increase the number of cytotechnologists available for cervical cancer screening. Provides for giving emphasis in the training of allied heath professionals, for which Federal payments may be provided under a cooperative agreement or grant from the Director of the National Heart, Lung, and Blood Institute, to the training of medical laboratory personnel in disciplines in which more personnel are needed. | To amend the Public Health Service Act with respect to the shortage of medical laboratory personnel. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bombing Prevention Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the number of criminal bombing incidents in the United
States has doubled since 1988;
(2) each year, hundreds of millions of pounds of explosives
are purchased without a permit being required;
(3) about one-third of the bombs used in crime in recent
years have contained black powder or smokeless powder as
filler;
(4) the terrorist bombing of the World Trade Center and Pan
Am Flight 103 and a series of bombings in western New York
State demonstrate the grave dangers of bomb attacks;
(5) effective regulation of interstate commerce in
explosives is possible only with changes in the regulatory
framework;
(6) explosive materials, by their nature, are composed of
numerous different substances, many of which have travelled in
interstate or foreign commerce; and
(7) the protection of the safety and property of the
citizenry, including the infrastructure vital to the conduct of
interstate and foreign commerce, requires more careful
regulation of explosives transactions.
TITLE I--GENERAL REFORMS
SEC. 101. PERMITS FOR PURCHASE OF EXPLOSIVES.
(a) In General.--Section 842 of title 18, United States Code, is
amended--
(1) by amending subparagraphs (A) and (B) of subsection
(a)(3) to read as follows:
``(A) to transport, ship, cause to be transported,
or receive any explosive materials; or
``(B) to distribute explosive materials to any
person other than a licensee or permittee.''; and
(2) in subsection (b)--
(A) by adding ``or'' at the end of paragraph (1);
(B) by striking ``; or'' at the end of paragraph
(2) and inserting a period; and
(C) by striking paragraph (3).
(b) Effective Date.--The amendments made by subsection (a) shall
apply to conduct engaged in after the 18-month period that begins with
the date of the enactment of this Act.
(c) Regulations.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of the Treasury shall
issue final regulations with respect to the amendments made by
subsection (a), which shall take effect 18 months after such
date of enactment.
(2) Notice to states.--On the issuance of regulations
pursuant to paragraph (1), the Secretary of the Treasury shall
notify the States of the regulations so that the States may
consider revising their explosives laws.
SEC. 102. LICENSES AND USER PERMITS.
Section 843(a) of title 18, United States Code, is amended--
(1) by inserting ``, including fingerprints and a
photograph of the applicant'' before the period at the end of
the 1st sentence; and
(2) by striking the 2nd sentence and inserting the
following: ``Each applicant for a license shall pay for each
license a fee established by the Secretary that shall not
exceed $300. Each applicant for a permit shall pay for each
permit a fee established by the Secretary that shall not exceed
$100.''.
SEC. 103. USE OF NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM TO
INVESTIGATE APPLICANTS FOR LICENSES AND PERMITS.
The Secretary of the Treasury may use the national instant criminal
background check system established under section 103 of the Brady
Handgun Violence Prevention Act to investigate each applicant for a
license or permit under chapter 40 of title 18, United States Code.
SEC. 104. REQUIREMENTS FOR PURCHASES OF BLACK POWDER AND SMOKELESS
POWDER.
(a) In General.--Section 845 of title 18, United States Code, is
amended--
(1) in subsection (a)(4), by striking ``and components
thereof'';
(2) in subsection (a)(5), by striking ``commercially
manufactured black powder in quantities not to exceed fifty
pounds,''; and
(3) by adding at the end the following:
``(c) Except in the case of section 842(f), and subsections (d),
(e), (f), (g), (h), and (i) of section 844, this chapter shall not
apply to commercially manufactured black powder or smokeless powder in
quantities not to exceed 5 pounds.''.
(b) Conforming Amendment.--Section 926 of such title is amended by
striking subsection (c).
SEC. 105. ENHANCED PENALTIES.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall promulgate
amendments to the sentencing guidelines to appropriately enhance the
penalties for a violation of any provision of chapter 40 of title 18,
United States Code, the penalties for which are not as severe as the
penalties for a comparable violation of chapter 44 of such title 18, so
that the penalties for the violation of the provision of such chapter
40 are the same as the penalties for a comparable violation of such
chapter 44.
SEC. 106. DESTRUCTION OF SEIZED EXPLOSIVES THAT ARE UNSAFE.
Section 844(c) of title 18, United States Code, is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding after and below the end the following:
``(2) Notwithstanding paragraph (1), in the case of the seizure of
any explosive materials for any offense for which the materials would
be subject to forfeiture in which it would be impracticable or unsafe
to remove the materials to a place of storage or would be unsafe to
store them, the seizing officer may destroy the explosive materials
forthwith. Any destruction under this paragraph shall be in the
presence of at least 1 credible witness. The seizing officer shall make
a report of the seizure and take such samples as the Secretary may by
regulation prescribe.
``(3) Within 60 days after any destruction of property pursuant to
paragraph (2), the owner of (including any person having an interest
in) the property may apply to the Secretary for reimbursement of an
amount equal to the fair market value of the property. If the claimant
establishes to the satisfaction of the Secretary that the seizure was
wrongful, the Secretary shall make an allowance to the claimant not
exceeding the fair market value of the property destroyed.''.
SEC. 107. FORFEITURE OF INSTRUMENTALITIES OF EXPLOSIVES OFFENSES.
(a) Civil Forfeiture.--Section 981(a)(1) of title 18, United States
Code, is amended by adding at the end the following:
``(G) Any property, real or personal, involved in a
violation of chapter 40 (relating to importation, manufacture,
distribution, and storage of explosive materials), or in a
conspiracy to commit such a violation, and any other property
traceable to such property.''.
(b) Criminal Forfeiture.--Section 982(a) of such title is amended
by inserting the following:
``(6) The court, in imposing a sentence on a person convicted of a
violation of chapter 40 or of conspiring to commit such a violation,
shall order the person to forfeit to the United States any property,
real or personal, involved in the violation or in the conspiracy, and
any other property traceable to such property.''.
TITLE II--PLASTIC EXPLOSIVES
SEC. 201. DEFINITIONS.
Section 841 of title 18, United States Code, is amended by adding
at the end the following:
``(o) `Convention on the Marking of Plastic Explosives' means the
Convention on the Marking of Plastic Explosives for the purpose of
Detection, done at Montreal on March 1, 1991.
``(p) `Detection agent' means any substance specified or referred
to in this subsection if introduced into a plastic explosive or
formulated in such explosive as a part of the manufacturing process in
such a manner as to achieve homogeneous distribution in the finished
explosive, including--
``(1) Ethylene glycol dinitrate
(EGDN),C<INF>2H<INF>4(NO<INF>3)<INF>2, molecular weight 152,
when the minimum concentration in the finished explosive is 0.2
percent by mass;
``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
C<INF>6H<INF>12(NO<INF>2)<INF>2, molecular weight 176, when the
minimum concentration in the finished explosive is 0.1 percent
by mass;
``(3) Para-Mononitrotoluene (p-MNT),
C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the minimum
concentration in the finished explosive is 0.5 percent by mass;
``(4) Ortho-Mononitrotoluene (o-MNT),
C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the minimum
concentration in the finished explosive is 0.5 percent by mass;
and
``(5) any other substance in the concentration specified by
the Secretary, after consultation with the Secretary of State
and the Secretary of Defense, which has been added to the table
in part 2 of the Technical Annex to the Convention on the
Marking of Plastic Explosives.
``(q) `Plastic explosive' means an explosive material in flexible
or elastic sheet form formulated with 1 or more high explosives which
in their pure form have a vapor pressure less than 10<SUP>-4 Pascals at
a temperature of 25 deg. Celsius, is formulated with a binder material,
and is as a mixture malleable or flexible at normal room
temperature.''.
SEC. 202. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.
Section 842 of title 18, United States Code, is amended by adding
at the end the following:
``(l) It shall be unlawful for any person to manufacture any
plastic explosive which does not contain a detection agent.
``(m)(1) It shall be unlawful for any person to import or bring
into the United States, or export from the United States, any plastic
explosive which does not contain a detection agent.
``(2) Paragraph (1) shall not apply to the importation or bringing
into the United States, or the exportation from the United States, of
any plastic explosive which was imported, brought into, or manufactured
in the United States before the effective date of this subsection by or
on behalf of any agency of the United States performing military or
police functions (including any military reserve component) or acting
on behalf of the National Guard of any State, not later than 15 years
after the date of entry into force of the Convention on the Marking of
Plastic Explosives, with respect to the United States.
``(n)(1) It shall be unlawful for any person to ship, transport,
transfer, receive, or possess any plastic explosive which does not
contain a detection agent.
``(2) Paragraph (1) shall not apply to--
``(A) the shipment, transportation, transfer, receipt, or
possession of any plastic explosive which was imported, brought
into, or manufactured in the United States before the effective
date of this subsection by any person during a period not
exceeding 3 years after such effective date; or
``(B) the shipment, transportation, transfer, receipt, or
possession of any plastic explosive, which was imported,
brought into, or manufactured in the United States before the
effective date of this subsection by or on behalf of any agency
of the United States performing a military or police function
(including any military reserve component) or by or on behalf
of the National Guard of any State, not later than 15 years
after the date of entry into force of the Convention on the
Marking of Plastic Explosives, with respect to the United
States.
``(o) It shall be unlawful for any person, other than an agency of
the United States (including any military reserve component) or the
National Guard of any State, possessing any plastic explosive on the
effective date of this subsection to fail to report to the Secretary
within 120 days after the effective date of this subsection the
quantity of such explosives possessed, the manufacturer or importer,
any marks of identification on such explosives, and such other
information as the Secretary may by regulations prescribe.''.
SEC. 203. CRIMINAL SANCTIONS.
Section 844(a) of title 18, United States Code, is amended to read
as follows:
``(a) Any person who violates subsections (a) through (i) or (l)
through (n) of section 842 shall be fined under this title, imprisoned
not more than 10 years, or both.''.
SEC. 204. EXCEPTIONS.
Section 845 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(l), (m), (n), and (o) of
section 842 and subsections'' after ``subsections'';
and
(B) in paragraph (1), by inserting ``and which
pertains to safety'' before the semicolon; and
(2) by adding at the end the following:
``(c)(1) It is an affirmative defense against any proceeding
involving subsection (l), (m), (n), or (o) of section 842 if the
defendant proves by a preponderance of the evidence that the plastic
explosive--
``(A) consisted of a small amount of plastic explosive
intended for and utilized solely in lawful--
``(i) research, development, or testing of new or
modified explosive materials;
``(ii) training in explosives detection or
development or testing of explosives detection
equipment; or
``(iii) forensic science purposes; or
``(B) was plastic explosive which, within 3 years after the
date of entry into force of the Convention on the Marking of
Plastic Explosives, with respect to the United States, will be
or is incorporated in a military device within the territory of
the United States and remains an integral part of such military
device, or is intended to be, or is incorporated in, and
remains an integral part of a military device that is intended
to become, or has become, the property of any agency of the
United States performing military or police functions
(including any military reserve component) or the National
Guard of any State, wherever such device is located.
``(2) For purposes of paragraph (1), the term `military device'
includes shells, bombs, projectiles, mines, missiles, rockets, shaped
charges, grenades, perforators, and similar devices lawfully
manufactured exclusively for military or police purposes.''.
SEC. 205. INVESTIGATIVE AUTHORITY.
Section 846 of title 18, United States Code, is amended--
(1) by inserting ``(a)'' before ``The'';
(2) in the last sentence, by inserting ``subsection (m) or
(n) of section 842 or'' before ``subsection''; and
(3) by adding after and below the end the following:
``(b) The Attorney General shall exercise authority over violations
of subsections (m) or (n) of section 842 only when they are committed
by a member of a terrorist or revolutionary group. In any matter
involving a terrorist or revolutionary group or individual, as
determined by the Attorney General, the Attorney General shall have
primary investigative responsibility and the Secretary shall assist the
Attorney General as requested.''.
SEC. 206. EFFECTIVE DATE.
The amendments made by this title shall take effect 1 year after
the date of the enactment of this Act. | Bombing Prevention Act -
Title I: General Reforms
- Amends the Federal criminal code to prohibit the transport, shipment, or receipt of explosive materials without a permit or the distribution of explosive materials to anyone other than a licensee or permittee.
Directs the Secretary of the Treasury to notify the States of the regulations so that they may consider revising their explosives laws.
(Sec. 102) Requires applicants for licenses and user permits to import, manufacture, or deal in explosive materials to provide fingerprints and a photograph. Sets fees of up to $200 for an applicant for a license and up to $100 for an applicant for a permit. (Currently, the fee is up to $200 for each license or permit.)
(Sec. 103) Authorizes the Secretary to use the national instant criminal background check system established under the Brady Handgun Violence Prevention Act to investigate applicants for licenses or permits.
(Sec. 104) Repeals exceptions from specified explosive materials requirements with respect to components of small arms ammunition and small quantities of black powder or smokeless powder.
(Sec. 105) Directs the U.S. Sentencing Commission to promulgate amendments to the sentencing guidelines to appropriately enhance the penalties for violations of Federal explosive materials provisions so that such penalties are the same as those for comparable violations of Federal firearms laws.
(Sec. 106) Permits: (1) the destruction of seized explosives that are unsafe under specified circumstances; and (2) the owner to apply to the Secretary for reimbursement of any destroyed property where the claimant establishes that the seizure was wrongful.
(Sec. 107) Subjects to civil forfeiture (with exceptions) any property involved in a violation of explosive materials provisions, or in a conspiracy to commit such a violation, and any other property traceable to such property.
Directs the court to order a person convicted of a violation of Federal explosive materials provisions or of conspiring to commit such a violation to forfeit any property involved and any traceable property.
Title II: Plastic Explosives
- Prohibits the manufacture, import, export, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent (with exceptions). Authorizes the Secretary to investigate violations. Directs the Attorney General to exercise authority over such violations only when they are committed by a member of a terrorist or revolutionary group (in which case the Attorney General shall have primary investigative responsibility and the Secretary shall assist as requested).
Prohibits any person possessing any plastic explosive, other than an agency of the United States or the National Guard of any State, from failing to report to the Secretary the quantity of such explosive possessed, the manufacturer or importer, and any identifying marks on such explosives.
(Sec. 203) Provides for a fine and up to ten years' imprisonment for violations of Federal explosive materials laws.
(Sec. 204) Sets forth affirmative defenses for Federal explosive materials laws. | Bombing Prevention Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Facilities Clean Water
Compliance Act of 1997''.
SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES.
Section 313 of the Federal Water Pollution Control Act (33 U.S.C.
1323) is amended--
(1) by redesignating subsection (b) as subsection (d); and
(2) by striking the section heading and all that follows
through subsection (a) and inserting the following:
``SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL.
``(a) In General.--Each department, agency, and instrumentality of
the executive, legislative, and judicial branches of the Federal
Government (1) having jurisdiction over any property or facility, or
(2) engaged in any activity resulting, or which may result, in the
discharge or runoff of pollutants shall be subject to, and comply with,
all Federal, State, interstate, and local requirements, both
substantive and procedural (including any requirement for permits or
reporting or any provisions for injunctive relief and such sanctions as
may be imposed by a court to enforce such relief), respecting the
control and abatement of water pollution and management in the same
manner, and to the same extent, as any person is subject to such
requirements, including the payment of reasonable service charges. The
Federal, State, interstate, and local substantive and procedural
requirements, administrative authority, and process and sanctions
referred to in this subsection include, but are not limited to, all
administrative orders and all civil and administrative penalties and
fines, regardless of whether such penalties or fines are punitive or
coercive in nature or are imposed for isolated, intermittent, or
continuing violations. The United States hereby expressly waives any
immunity otherwise applicable to the United States with respect to any
such substantive or procedural requirement (including, but not limited
to, any injunctive relief, administrative order, or civil or
administrative penalty or fine referred to in the preceding sentence,
or reasonable service charge). The reasonable service charges referred
to in this subsection include, but are not limited to, fees or charges
assessed in connection with the processing and issuance of permits,
renewal of permits, amendments to permits, review of plans, studies,
and other documents, and inspection and monitoring of facilities, as
well as any other nondiscriminatory charges that are assessed in
connection with a Federal, State, interstate, or local water pollution
regulatory program. Neither the United States, nor any agent, employee,
or officer thereof, shall be immune or exempt from any process or
sanction of any State or Federal court with respect to the enforcement
of any such injunctive relief. No agent, employee, or officer of the
United States shall be personally liable for any civil penalty under
any Federal, State, interstate, or local water pollution law with
respect to any act or omission within the scope of the official duties
of the agent, employee, or officer. An agent, employee, or officer of
the United States shall be subject to any criminal sanction (including,
but not limited to, any fine or imprisonment) under any Federal or
State water pollution law, but no department, agency, or
instrumentality of the executive, legislative, or judicial branch of
the Federal Government shall be subject to any such sanction.
``(b) Administrative Enforcement Actions.--
``(1) In general.--The Administrator, the Secretary of the
Army, and the Secretary of the Department in which the Coast
Guard is operating may commence an administrative enforcement
action against any department, agency, or instrumentality of
the executive, legislative, or judicial branch of the Federal
Government pursuant to the enforcement authorities contained in
this Act. The Administrator or Secretary, as applicable, shall
initiate an administrative enforcement action against such a
department, agency, or instrumentality in the same manner and
under the same circumstances as an action would be initiated
against another person. Any voluntary resolution or settlement
of such an action shall be set forth in a consent order.
``(2) Opportunity to confer.--No administrative order
issued to such a department, agency, or instrumentality shall
become final until such department, agency, or instrumentality
has had the opportunity to confer with the Administrator or
Secretary, as applicable.
``(c) Limitation on State Use of Funds Collected From Federal
Government.--Unless a State law in effect on the date of the enactment
of this subsection or a State constitution requires the funds to be
used in a different manner, all funds collected by a State from the
Federal Government from penalties and fines imposed for violation of
any substantive or procedural requirement referred to in subsection (a)
shall be used by the State only for projects designed to improve or
protect the environment or to defray the costs of environmental
protection or enforcement.''.
SEC. 3. DEFINITION OF PERSON.
(a) General Definitions.--Section 502(5) of the Federal Water
Pollution Control Act (33 U.S.C. 1362(5)) is amended by inserting
before the period at the end the following: ``and includes any
department, agency, or instrumentality of the United States''.
(b) Oil and Hazardous Substance Liability Program.--Section
311(a)(7) of such Act (33 U.S.C. 1321(a)(7)) is amended by inserting
before the semicolon at the end the following: ``and any department,
agency, or instrumentality of the United States''. | Federal Facilities Clean Water Compliance Act of 1997 - Amends the Federal Water Pollution Control Act to require each Federal department, agency, and instrumentality to be subject to and comply with all Federal, State, and local requirements with respect to the control and abatement of water pollution and management in the same manner and extent as any person is subject to such requirements, including the payment of reasonable service charges. Waives immunity of the United States with respect to any such requirements.
Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution laws, but prohibits applying criminal sanctions to Federal agencies.
Authorizes the Administrator of the Environmental Protection Agency, the Secretary of the Army, and the Secretary of the department in which the Coast Guard is operating to pursue enforcement actions under this Act. Allows States to use funds collected from the Federal Government under this Act only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement.
Includes Federal agencies within the definition of "person" for purposes of such Act. | Federal Facilities Clean Water Compliance Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shelter, Land, and Urban Management
(SLUM) Assistance Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Approximately 51 percent of the world's population
currently lives in cities of all sizes and produces the
majority of the world's economic output.
(2) Approximately one billion people currently live in
slums, and more than half of this population is under the age
of 25.
(3) It is estimated that by 2030 the number of people
living in slums will double.
(4) Slums are characterized by inadequate access to safe
water, sanitation, and other essential infrastructure,
overcrowding, poorly structured housing, and insecure
residential and property ownership status.
(5) Eighty-eight percent of all disease is caused by unsafe
drinking water, inadequate sanitation, and poor hygiene and
almost 50 percent of all people in developing countries suffer
health problems caused by water and sanitation deficits.
(6) Over 1.1 billion people lack adequate access to safe
water and nearly 2.5 billion lack access to sanitation
services.
(7) The costs of diseases and productivity losses linked to
water and sanitation in less developed countries amount to two
percent of gross domestic product and up to five percent in
sub-Saharan Africa.
(8) Insecure lease and real property ownership tenure often
subject slum dwellers to arbitrary, often supra-market rents,
forced evictions, threats, and harassment.
(9) In 2007, approximately five million people were subject
to forced evictions, and projections show that the number of
forced evictions are likely to increase to between 40 million
and 70 million in the next 20 years.
(10) Insecurity of tenure severely inhibits economic
development by undermining investment incentives and
constraining the growth of credit markets, imperils the ability
of families to achieve sustainable livelihoods and assured
access to shelter, and often contributes to conflict over
property rights.
(11) Women make up 66 percent of the world's work force,
but own less than 15 percent of the property globally.
(12) Women are affected disproportionally by forced
evictions and insecure tenure as a result of gender
discrimination, often including gender-biased laws that define
women as legal minors or otherwise prevent them from acquiring
and securing land, property, and housing lease or ownership
rights, making them more vulnerable to poverty, violence, and
sexual abuse.
(13) Adequate housing and universal access to basic shelter
serve as catalysts for social and democratic development.
(14) The 2006 National Security Strategy states,
``America's national interests and moral values drive us in the
same direction: to assist the world's poor citizens and least
developed nations and help integrate them into the global
economy.''.
(15) Goal 7 Target 11 of the Millennium Development Goals
sets the target that ``By 2020, to have achieved a significant
improvement in the lives of at least 100 million slum-
dwellers.''.
(16) The United States formerly provided significant levels
of overseas development assistance for shelter and affordable
housing, but in recent years this amount has declined.
SEC. 3. STATEMENT OF POLICY.
It should be the policy of the United States--
(1) to establish and implement, as a major objective of
United States overseas development assistance strategy,
particularly in developing countries, programs that foster
improved urban management, that foster sustainable urban
development, that increase the security of real property
tenure, and that expand access to basic shelter, affordable
urban housing, and essential urban services and infrastructure,
particularly by the poor and others who lack such access in
whole or in part;
(2) to allocate increased levels of United States bilateral
assistance for programs described in paragraph (1); and
(3) in order to prevent waste and duplication in the use of
United States overseas development assistance with respect to
the programs described in paragraph (1) and in order to foster
cooperative relations with foreign governments,
intergovernmental organizations, and private business and
nonprofit entities that singly or jointly support or implement
programs similar to those described in paragraph (1), to seek
and actively support innovative international mechanisms
designed to increase coordination and mutual complementarity in
the planning, financing, and implementation of sustainable
urban development policies and programs implemented by the
United States and other donors described in this paragraph.
SEC. 4. ASSISTANCE TO PROVIDE AFFORDABLE HOUSING AND SUSTAINABLE URBAN
DEVELOPMENT IN DEVELOPING COUNTRIES.
(a) Purposes of Assistance.--The purposes of assistance under this
section are to--
(1) support economically and environmentally sustainable
and administratively feasible urban socioeconomic growth,
development, and poverty reduction efforts and to produce
improved health and other basic quality of life indicators for
residents of slums, other densely populated, impoverished urban
areas, and urban areas experiencing rapid population growth in
developing countries, including by increasing--
(A) access to basic shelter and affordable housing,
particularly by residents of slums and similar densely
populated, impoverished urban areas;
(B) affordable and equitable access to safe water,
sanitation, and solid waste removal services, and
shared communal infrastructure, such as sidewalks,
roads, public lighting;
(C) access to and security of land and other real
property use, lease, and ownership rights and legal
recognition and protections thereof by all income
groups, including by supporting efforts to enhance the
effectiveness of transaction and dispute resolution
systems, equitable and sustainable national land
policies, and enhanced land administration services;
and
(D) support for efforts to enhance the capacity of
developing country governments, including regional and
municipal governments, to plan and manage urban growth
in an operationally and financially effective and
transparent, participatory, and accountable manner, to
pursue policy reforms that foster such objectives, and
to provide urban services and infrastructure, such as
basic water and sanitation, transport, solid waste
removal, and electrical power service delivery,
including in impoverished urban zones; and
(2) achieve the objectives described in paragraph (1) by--
(A) promoting the growth of functional,
commercially oriented housing markets in target
countries and expanding access to individual and
institutional investment capital and financing for
housing and municipal infrastructure, including by
public-private partnerships, municipal bonds, micro-
credit financing, and strengthening national and
regional public or private institutions involved in the
regulation or provision of finance of such purposes;
(B) supporting institutional, procedural, and legal
reforms that seek to enhance the rights and access to
shelter, urban infrastructure and services, and
property ownership and lease rights of groups that are
socioeconomically vulnerable or marginalized, or
subject to discrimination, including women, children,
the poor, and people living in urban slums and informal
settlements;
(C) prioritizing support for cross-sectoral, multi-
purpose projects that simultaneously advance one or
more of the objectives described in subparagraphs (A)
and (B); and
(D) promoting partnerships between the public and
private sectors and community-based organizations to
plan and implement projects described in subparagraph
(C).
(b) Authorization of Assistance.--To carry out the purposes of
subsection (a), the President is authorized--
(1) to furnish technical assistance and financial support
to developing countries, to include, as appropriate, diverse
means of support, including technical or financial assistance
to public-private partnerships, grants, direct loans, seed
credit, contracted technical services, investment insurance,
loan guarantees, and other forms of assistance;
(2) to carry out paragraph (1) during fiscal year 2009
through the use of existing United States Government programs,
implementing authorities, and organizations, including--
(A) specialized organizational units of the United
States Agency for International Development, including
the Urban Programs Team (EGAT/PR/UP), the Development
Credit Authority (EGAT/DC/DCA), the Land Resources
Management Team (EGAT/NRM/LRM), the Water Team (EGAT/
NRM/W), the Office of Infrastructure and Engineering
(EGAT/IE), and the Engineering Services Team (EGAT/I&E/
ES);
(B) the Millennium Challenge Corporation (MCC); and
(C) other United States Government agencies with
relevant technical expertise or policy mandates
pertaining to urban development and housing in foreign
countries; and
(3) to strengthen and enhance the operational capabilities
and capacities of United States Government programs,
implementing authorities, and organizations described in
subparagraphs (A), (B), and (C) of paragraph (2) in furtherance
of the purposes and objectives described in subsection (a)(1),
including efforts to increase their manpower, diversity of
expertise, and levels of funding, and to enhance their ability
to jointly coordinate and collaborate in carrying out such
purposes and objectives.
SEC. 5. AFFORDABLE HOUSING AND SUSTAINABLE URBAN DEVELOPMENT STRATEGY.
(a) Strategy.--The President, acting through the Secretary of State
and the Administrator of the United States Agency for International
Development, shall develop a strategy to provide affordable housing and
sustainable urban development in developing countries.
(b) Consultation.--The strategy required by subsection (a) shall be
developed in part through a process of consultation between the
Administrator of the United States Agency for International Development
and the heads of units of such Agency and other United States
Government agencies with relevant technical expertise or policy
mandates pertaining to urban development and housing in foreign
countries, and shall draw upon best practices and successful models of
urban development undertaken or developed by international
intergovernmental organizations, international finance institutions,
recipient countries, United States and international nongovernmental
organizations, and other appropriate entities.
(c) Content.--The strategy required by the subsection (a) shall
include or address--
(1) a review and assessment of existing or past United
States programs and foreign assistance strategies designed to
increase access to basic shelter and affordable housing in
developing countries, extending affordable and equitable access
to safe water, sanitation, and solid waste removal services,
and shared communal infrastructure, such as sidewalks, roads,
public lighting, enhancing security of real property use,
lease, and ownership rights;
(2) a review and assessment of small scale, grassroots, and
community-based efforts that have successfully improved access
to basic shelter and urban services;
(3) a process to define short- and long-term objectives and
performance measures by which progress should be measured;
(4) measures necessary to improve and expand United States
programs and foreign assistance strategies in existence on the
date of enactment of this Act that address urban development
issues in foreign countries;
(5) operational plans to improve the ability of United
States foreign assistance agencies to develop and implement
programs described in section 4 of this Act, including through
support for innovative international mechanisms;
(6) a plan for integrating into the broader strategic
foreign assistance plans of the Department of State and United
Stated Agency for International Development the programs and
objectives described in section 4 of this Act; and
(7) a plan for providing long-term United States support
for sustainable urban growth and development initiatives in
developing countries involving a process of regular
coordination between United States Government agencies with
relevant technical expertise or policy mandates, where
appropriate, including the United States Agency for
International Development, the Department of Housing and Urban
Development, the Department of the Treasury, and the Overseas
Private Investment Corporation, and drawing upon the expertise,
whenever possible, of United States-based mayors and
professionals in community, public and banking sectors, major
United States private foundations, and United Nations
organizations and multilateral development banks, among others.
(d) Report.--Not later than 12 months after the date of the
enactment of this Act, the Secretary of State shall submit to Congress
a report that describes the strategy required by subsection (a).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2009 and
each subsequent fiscal year such sums as may be necessary to carry out
this Act. | Shelter, Land, and Urban Management (SLUM) Assistance Act of 2009 - Directs the President, through the Secretary of State and the United States Agency for International Development (USAID), to develop a strategy to provide affordable housing and sustainable urban development in developing countries.
Authorizes the President to provide technical assistance and financial support to developing countries for: (1) basic shelter and affordable housing, particularly for residents of impoverished urban areas; (2) safe water, sanitation, and solid waste removal services; (3) real property use and ownership rights; and (4) governmental urban planning. | To authorize assistance for affordable housing and sustainable urban development in developing countries, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ninth Circuit Court of Appeals
Judgeship and Reorganization Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``former ninth circuit'' means the ninth
judicial circuit of the United States as in existence on the
day before the effective date of this Act;
(2) the term ``new ninth circuit'' means the ninth judicial
circuit of the United States established by the amendment made
by section 3(2)(A); and
(3) the term ``twelfth circuit'' means the twelfth judicial
circuit of the United States established by the amendment made
by section 3(2)(B).
SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.
Section 41 of title 28, United States Code, is amended--
(1) in the matter preceding the table, by striking
``thirteen'' and inserting ``fourteen''; and
(2) in the table--
(A) by striking the item relating to the ninth
circuit and inserting the following:
``Ninth........................
Arizona, California, Nevada.'';
and
(B) by inserting after the item relating to the
eleventh circuit the following:
``Twelfth......................
Alaska, Guam, Hawaii, Idaho,
Montana, Northern
Mariana Islands,
Oregon, Washington.''.
SEC. 4. JUDGESHIPS.
(a) New Judgeships.--
(1) For former ninth circuit.--The President shall appoint,
by and with the advice and consent of the Senate, 2 additional
circuit judges for the former ninth circuit court of appeals,
whose official duty stations shall be in Arizona, California,
or Nevada.
(2) For new ninth circuit.--The President shall appoint, by
and with the advice and consent of the Senate, 3 additional
circuit judges for the new ninth circuit court of appeals. The
judges authorized by this paragraph shall not be appointed
before January 21, 2005.
(b) Temporary Judgeships.--
(1) Appointment of judges.--The President shall appoint, by
and with the advice and consent of the Senate, 2 additional
circuit judges for the former ninth circuit court of appeals,
whose official duty stations shall be in Arizona, California,
or Nevada.
(2) Effect of vacancies.--The first 2 vacancies occurring
on the new ninth circuit court of appeals 10 years or more
after judges are first confirmed to fill both temporary circuit
judgeships created by this subsection shall not be filled.
(c) Effective Date.--This section shall take effect on the date of
the enactment of this Act.
SEC. 5. NUMBER OF CIRCUIT JUDGES.
The table contained in section 44(a) of title 28, United States
Code, is amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:
``Ninth..................................................... 24'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth................................................... 9''.
SEC. 6. PLACES OF CIRCUIT COURT.
The table contained in section 48(a) of title 28, United States
Code, is amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:
``Ninth........................
San Francisco, Pasadena,
Phoenix.'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth......................
Portland, Seattle.''.
SEC. 7. ASSIGNMENT OF CIRCUIT JUDGES.
Each circuit judge of the former ninth circuit who is in regular
active service and whose official duty station on the day before the
effective date of this Act--
(1) is in Arizona, California, or Nevada shall be a circuit
judge of the new ninth circuit as of such effective date; and
(2) is in Alaska, Guam, Hawaii, Idaho, Montana, Northern
Mariana Islands, Oregon, or Washington shall be a circuit judge
of the twelfth circuit as of such effective date.
SEC. 8. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.
Each judge who is a senior circuit judge of the former ninth
circuit on the day before the effective date of this Act may elect to
be assigned to the new ninth circuit or to the twelfth circuit as of
such effective date, and shall notify the Director of the
Administrative Office of the United States Courts of such election.
SEC. 9. SENIORITY OF JUDGES.
The seniority of each judge--
(1) who is assigned under section 7, or
(2) who elects to be assigned under section 8,
shall run from the date of commission of such judge as a judge of the
former ninth circuit.
SEC. 10. APPLICATION TO CASES.
The following apply to any case in which, on the day before the
effective date of this Act, an appeal or other proceeding has been
filed with the former ninth circuit:
(1) If the matter has been submitted for decision, further
proceedings with respect to the matter shall be had in the same
manner and with the same effect as if this Act had not been
enacted.
(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers,
printed records, and record entries duly certified, shall, by
appropriate orders, be transferred to the court to which the
matter would have been submitted had this Act been in full
force and effect at the time such appeal was taken or other
proceeding commenced, and further proceedings with respect to
the case shall be had in the same manner and with the same
effect as if the appeal or other proceeding had been filed in
such court.
(3) A petition for rehearing or a petition for rehearing en
banc in a matter decided before the effective date of this Act,
or submitted before the effective date of this Act and decided
on or after such effective date as provided in paragraph (1),
shall be treated in the same manner and with the same effect as
though this Act had not been enacted. If a petition for
rehearing en banc is granted, the matter shall be reheard by a
court comprised as though this Act had not been enacted.
SEC. 11. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES BETWEEN CIRCUITS.
Section 291 of title 28, United States Code, is amended by adding
at the end the following new subsections:
``(c) The chief judge of the Ninth Circuit may, in the public
interest and upon request by the chief judge of the Twelfth Circuit,
designate and assign temporarily any circuit judge of the Ninth Circuit
to act as circuit judge in the Twelfth Circuit.
``(d) The chief judge of the Twelfth Circuit may, in the public
interest and upon request by the chief judge of the Ninth Circuit,
designate and assign temporarily any circuit judge of the Twelfth
Circuit to act as circuit judge in the Ninth Circuit.''.
SEC. 12. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES BETWEEN CIRCUITS.
Section 292 of title 28, United States Code, is amended by adding
at the end the following new subsections:
``(f) The chief judge of the Ninth Circuit may in the public
interest--
``(1) upon request by the chief judge of the Twelfth
Circuit, designate and assign one or more district judges
within the Ninth Circuit to sit upon the Court of Appeals of
the Twelfth Circuit or a division thereof whenever the business
of that court so requires; and
``(2) designate and assign temporarily any district judge
of the Ninth Circuit to hold a district court in any district
within the Twelfth Circuit.
``(g) The chief judge of the Twelfth Circuit may in the public
interest--
``(1) upon request by the chief judge of the Ninth Circuit,
designate and assign one or more district judges within the
Twelfth Circuit to sit upon the Court of Appeals of the Ninth
Circuit or a division thereof whenever the business of that
court so requires; and
``(2) designate and assign temporarily any district judge
of the Twelfth Circuit to hold a district court in any district
within the Ninth Circuit.
``(h) Any designations or assignments under subsection (f)(1) or
(g)(1) shall be in conformity with the rules or orders of the court of
appeals of the circuit to which the judge is designated or assigned.''.
SEC. 13. ADMINISTRATIVE COORDINATION.
Section 332 of title 28, United States Code, is amended by adding
at the end the following new subsection:
``(i) Any 2 contiguous circuits may jointly carry out such
administrative functions and activities as the judicial councils of the
2 circuits determine may benefit from coordination or consolidation.''.
SEC. 14. ADMINISTRATION.
The court of appeals for the ninth circuit as constituted on the
day before the effective date of this Act may take such administrative
action as may be required to carry out this Act and the amendments made
by this Act. Such court shall cease to exist for administrative
purposes on October 1, 2006.
SEC. 15. EFFECTIVE DATE.
Except as provided in section 4(c), this Act and the amendments
made by this Act shall take effect on October 1, 2004. | Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2003 - Divides the current U.S. Court of Appeals for the ninth circuit into: (1) the ninth circuit, composed of Arizona, California, and Nevada, consisting of 24 judges, and holding regular sessions in San Francisco, Pasadena, and Phoenix; and (2) the twelfth circuit, composed of Alaska, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, and Washington, consisting of nine judges, and holding regular sessions in Portland and Seattle.
Directs the President to appoint, by and with the advice and consent of the Senate: (1) two additional circuit judges for the former ninth circuit court of appeals, whose official duty stations shall be in Arizona, California, or Nevada, and three additional circuit judges for the new ninth circuit court of appeals (who shall not be appointed before January 21, 2005); and (2) two temporary additional circuit judges for the former ninth circuit court of appeals). Directs that each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before this Act's effective date is in Arizona, California, or Nevada be a circuit judge of the new ninth circuit as of such effective date. Requires that each such judge whose duty station on such date is in Alaska, Guam, Hawaii, Idaho, or Washington be a circuit judge of the twelfth circuit. Allows each judge who is a senior circuit judge of the former ninth circuit on the day before this Act's effective date to elect to be assigned to the new ninth or twelfth circuit. (Requires each such judge to notify the Director of the Administrative Office of the United States Courts of such election.) Provides that the seniority of each judge assigned, or elected to be assigned, shall run from the date of commission as a judge of the former ninth circuit. Authorizes certain temporary assignment in the public interest of circuit judges and district judges between circuits. | To amend title 28, United States Code, to provide for the appointment of additional Federal circuit judges, to divide the Ninth Judicial Circuit of the United States into two circuits, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``H-Prize Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administering entity.--The term ``administering
entity'' means the entity with which the Secretary enters into
an agreement under section 3(c).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PRIZE AUTHORITY.
(a) In General.--The Secretary shall carry out a program to
competitively award cash prizes only in conformity with this Act to
advance the research, development, demonstration, and commercial
application of hydrogen energy technologies.
(b) Advertising and Solicitation of Competitors.--
(1) Advertising.--The Secretary shall widely advertise
prize competitions to encourage broad participation, including
participation by--
(A) individuals;
(B) institutions of higher education, including
historically Black colleges and universities and other
institutions serving minorities; and
(C) large and small businesses, including
businesses owned or controlled by socially and
economically disadvantaged persons.
(2) Announcement through federal register notice.--
(A) In general.--The Secretary shall announce each
prize competition by publishing a notice in the Federal
Register.
(B) Requirements.--The notice shall include a
description of--
(i) the subject of the competition;
(ii) the duration of the competition;
(iii) the eligibility requirements for
participation in the competition;
(iv) the process for participants to
register for the competition;
(v) the amount of the prize; and
(vi) the criteria for awarding the prize.
(c) Administering the Competitions.--
(1) In general.--The Secretary shall enter into an
agreement with a private, nonprofit entity to administer the
prize competitions, subject to this Act.
(2) Duties.--The duties of the administering entity under
the agreement shall include--
(A) advertising prize competitions and the results
of the prize competitions;
(B) raising funds from private entities and
individuals to pay for administrative costs and
contribute to cash prizes;
(C) working with the Secretary to develop the
criteria for selecting winners in prize competitions,
based on goals provided by the Secretary;
(D) determining, in consultation with the
Secretary, the appropriate amount for each prize to be
awarded;
(E) selecting judges in accordance with section
4(d), using criteria developed in consultation with the
Secretary; and
(F) preventing the unauthorized use or disclosure
of the intellectual property, trade secrets, and
confidential business information of registered
participants.
(d) Funding Sources.--
(1) In general.--Cash prizes under this Act shall consist
of funds appropriated under section 8 and any funds provided by
the administering entity for the cash prizes (including funds
raised pursuant to subsection (c)(2)(B)).
(2) Other federal agencies.--The Secretary may accept funds
from other Federal agencies for the cash prizes.
(3) No special consideration.--The Secretary may not give
any special consideration to any private sector entity or
individual in return for a donation to the administering
entity.
(e) Announcement of Prizes.--
(1) In general.--The Secretary may not issue a notice
required by subsection (b)(2) until all the funds needed to pay
out the announced amount of the prize have been appropriated or
committed in writing by the administering entity.
(2) Increase in amount of prize.--The Secretary may
increase the amount of a prize after an initial announcement is
made under subsection (b)(2) if--
(A) notice of the increase is provided in the same
manner as the initial notice of the prize; and
(B) the funds needed to pay out the announced
amount of the increase have been appropriated or
committed in writing by the administering entity.
SEC. 4. PRIZE CATEGORIES.
(a) Categories.--The Secretary shall establish prizes for--
(1) advancements in components or systems related to--
(A) hydrogen production;
(B) hydrogen storage;
(C) hydrogen distribution; and
(D) hydrogen utilization;
(2) prototypes of hydrogen-powered vehicles or other
hydrogen-based products that best meet or exceed objective
performance criteria, such as completion of a race over a
certain distance or terrain or generation of energy at certain
levels of efficiency; and
(3) transformational changes in technologies for the
distribution or production of hydrogen that meet or exceed far-
reaching objective criteria that--
(A) shall include minimal carbon emissions; and
(B) may include cost criteria designed to
facilitate the eventual market success of a winning
technology.
(b) Awards.--
(1) Advancements.--
(A) In general.--To the extent permitted under
section 3(e), the prizes authorized under subsection
(a)(1) shall be awarded biennially to the most
significant advance made in each of the 4 subcategories
described in subparagraphs (A) through (D) of
subsection (a)(1) since the submission deadline of the
previous prize competition in the same category under
subsection (a)(1) or the date of enactment of this Act,
whichever is later, unless no such advance is
significant enough to merit an award.
(B) Maximum amount for single prize.--No single
prize described in subparagraph (A) may exceed
$1,000,000.
(C) Insufficient total funds.--If less than
$4,000,000 is available for a prize competition under
subsection (a)(1), the Secretary may--
(i) omit 1 or more subcategories;
(ii) reduce the amount of the prizes; or
(iii) not hold a prize competition.
(2) Prototypes.--
(A) In general.--To the extent permitted under
section 3(e), prizes authorized under subsection (a)(2)
shall be awarded biennially in alternate years from the
prizes authorized under subsection (a)(1).
(B) Total number of prizes.--The Secretary may
award no more than 1 prize under subsection (a)(1) in
each 2-year period.
(C) Maximum amount for single prize.--No single
prize under this paragraph may exceed $4,000,000.
(D) Insufficient qualified entries.--If no
registered participant meets the objective performance
criteria established pursuant to subsection (c) for a
competition under this paragraph, the Secretary shall
not award a prize.
(3) Transformational technologies.--
(A) In general.--To the extent permitted under
section 3(e), the Secretary shall announce 1 prize
competition authorized under subsection (a)(3) as soon
as practicable after the date of enactment of this Act.
(B) Amount of prize.--A prize offered under this
paragraph shall--
(i) be in an amount not less than
$10,000,000;
(ii) be paid to the winner in a lump sum;
and
(iii) include an additional amount paid to
the winner as a match for each dollar of non-
Federal funding raised by the winner for the
hydrogen technology beginning on the date the
winner was named.
(C) Matching.--
(i) In general.--The match described in
subparagraph (B)(iii) shall be provided until
the earlier of--
(I) the date that is 3 years after
the date the prize winner is named; or
(II) the date on which the full
amount of the prize has been paid out.
(ii) Election.--A prize winner may elect to
have the match amount paid to another entity
that is continuing the development of the
winning technology.
(iii) Rules.--The Secretary shall announce
the rules for receiving the match in the notice
required by section 3(b)(2).
(D) Requirements.--The Secretary shall award a
prize under this paragraph only when a registered
participant has met the objective criteria established
for the prize pursuant to subsection (c) and announced
pursuant to section 3(b)(2).
(E) Total amount of funds.--
(i) Federal funds.--Not more than
$10,000,000 in Federal funds may be used for
the prize award under this paragraph.
(ii) Matching funds.--As a condition of
entering into an agreement under section 3(c),
the administering entity shall seek to raise
$40,000,000 in non-Federal funds toward the
matching award under this paragraph.
(c) Criteria.--In establishing the criteria required by this Act,
the Secretary shall consult with--
(1) the Hydrogen Technical and Fuel Cell Advisory Committee
of the Department;
(2) other Federal agencies, including the National Science
Foundation; and
(3) private organizations, including professional
societies, industry associations, the National Academy of
Sciences, and the National Academy of Engineering.
(d) Judges.--
(1) In general.--For each prize competition, the Secretary
shall assemble a panel of qualified judges to select the 1 or
more winners on the basis of the criteria established under
subsection (c).
(2) Inclusions.--Judges for each prize competition shall
include individuals from outside the Department, including from
the private sector.
(3) Prohibitions.--A judge may not--
(A) have personal or financial interests in, or be
an employee, officer, director, or agent of, any entity
that is a registered participant in the prize
competition for which the judge will serve as a judge;
or
(B) have a familial or financial relationship with
an individual who is a registered participant in the
prize competition for which the judge will serve as a
judge.
SEC. 5. ELIGIBILITY.
To be eligible to win a prize under this Act, an individual or
entity--
(1) shall have complied with all the requirements in
accordance with the Federal Register notice required under
section 3(b)(2);
(2) in the case of a private entity, shall be incorporated
in and maintain a primary place of business in the United
States;
(3) in the case of an individual (whether participating
singly or in a group), shall be a citizen of, or an alien
lawfully admitted for permanent residence in, the United
States; and
(4) shall not be a Federal entity, a Federal employee
acting within the scope of employment, or an employee of a
national laboratory acting within the scope of employment.
SEC. 6. INTELLECTUAL PROPERTY.
(a) In General.--Subject to subsection (b), the Federal Government
shall not, by virtue of offering or awarding a prize under this Act, be
entitled to any intellectual property rights derived as a consequence
of, or direct relation to, the participation by a registered
participant in a competition authorized by this Act.
(b) Negotiation of Licenses Permitted.--This section does not
prevent the Federal Government from negotiating a license for the use
of intellectual property developed for a prize competition under this
Act.
SEC. 7. LIABILITY.
(a) Waiver of Liability.--
(1) In general.--As a condition of participation in a
competition under this Act, the Secretary may require
registered participants to waive claims against the Federal
Government and the administering entity (except claims for
willful misconduct) for any injury, death, damage, or loss of
property, revenue, or profits arising from the participation of
the registered participants in a competition under this Act.
(2) Notice required.--The Secretary shall provide notice of
any waiver required under this subsection in the notice
required by section 3(b)(2).
(3) Prohibition.--The Secretary may not require a
registered participant to waive claims against the
administering entity arising out of the unauthorized use or
disclosure by the administering entity of the intellectual
property, trade secrets, or confidential business information
of the registered participant.
(b) Liability Insurance.--
(1) Requirements.--As a condition of participation in a
competition under this Act, a registered participant shall be
required to obtain liability insurance or demonstrate financial
responsibility, in amounts determined by the Secretary, for
claims by--
(A) a third party for death, bodily injury, or
property damage or loss resulting from an activity
carried out in connection with participation in a
competition under this Act; and
(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
(2) Federal government insured.--
(A) In general.--The Federal Government shall be
named as an additional insured under the insurance
policy of a registered participant required under
paragraph (1)(A).
(B) Mandatory indemnification.--As a condition of
participation in a competition under this Act, a
registered participant shall be required to agree to
indemnify the Federal Government against third party
claims for damages arising from or related to
competition activities.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) Awards.--There are authorized to be appropriated to the
Secretary to carry out this Act for the period of fiscal years
2007 through 2016--
(A) $20,000,000 for awards described in section
4(a)(1);
(B) $20,000,000 for awards described in section
4(a)(2); and
(C) $10,000,000 for the award described in section
4(a)(3).
(2) Administration.--In addition to the amounts authorized
in paragraph (1), there are authorized to be appropriated to
the Secretary for the administrative costs of carrying out this
Act $2,000,000 for each of fiscal years 2007 through 2016.
(b) Carryover of Funds.--
(1) In general.--Funds appropriated for prize awards under
this Act--
(A) shall remain available until expended; and
(B) may be transferred, reprogrammed, or expended
for other purposes only after the expiration of 10
fiscal years after the fiscal year for which the funds
were originally appropriated.
(2) Relation to other law.--No provision in this Act
permits obligation or payment of funds in violation of section
1341 of title 31, United States Code (commonly known as the
``Anti-Deficiency Act'').
SEC. 9. MAINTENANCE OF EFFORT.
The Secretary shall ensure that funds provided under this Act will
be used only to supplement, and not to supplant, Federal research and
development programs.
SEC. 10. SUNSET.
The authority provided by this Act shall terminate on September 30,
2017. | H-Prize Act of 2006 - Directs the Secretary of Energy to award competitive cash prizes biennially to advance the research, development, demonstration, and commercial application of hydrogen energy technologies.
Instructs the Secretary to encourage broad participation, including by individuals, universities (including minority-serving institutions), and large and small businesses (including those owned or controlled by socially and economically disadvantaged persons).
Directs the Secretary enter into an agreement with a private, nonprofit entity to administer the prize competitions.
States that funding sources for such cash prizes shall consist of federal appropriated funds and funds provided by the administering entity.
Designates prize-eligible categories, including: (1) advancements in certain hydrogen components or systems; (2) prototypes of hydrogen-powered vehicles or other hydrogen-based products that meet or exceed certain performance criteria; and (3) transformational changes in technologies for hydrogen distribution or production that meet or exceed far-reaching criteria.
Declares that the federal government shall not, by virtue of offering or awarding a prize under this Act, be entitled to any intellectual property rights derived as a consequence of, or direct relation to, the participation by a registered participant in a competition authorized by this Act. | A bill to authorize the Secretary of Energy to establish monetary prizes for achievements in overcoming scientific and technical barriers associated with hydrogen energy. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assisting Family Farmers through
Insurance Reform Measures Act'' or the ``AFFIRM Act''.
SEC. 2. ADJUSTED GROSS INCOME AND PER PERSON LIMITATIONS ON SHARE OF
INSURANCE PREMIUMS PAID BY CORPORATION.
Section 508(e)(1) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(1)) is amended--
(1) by striking ``For the purpose'' and inserting the
following:
``(A) Payment authority.--For the purpose''; and
(2) by adding at the end the following new subparagraphs:
``(B) Adjusted gross income limitation.--The
Corporation shall not pay a part of the premium for
additional coverage for any person or legal entity that
has an average adjusted gross income (as defined in
section 1001D of the Food Security Act of 1985 (7
U.S.C. 1308-3a)) in excess of $250,000.
``(C) Per person limitation.--The Corporation shall
not pay more than $40,000 to any person or legal entity
for premiums under this section.''.
SEC. 3. CAP ON OVERALL RATE OF RETURN FOR CROP INSURANCE PROVIDERS.
Section 508(k)(3) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(3)) is amended--
(1) by designating paragraph (3) as subparagraph (A) (and
adjusting the margin two ems to the right);
(2) by inserting before subparagraph (A) (as so designated)
the following:
``(3) Risk.--''; and
(3) by adding at the end the following new subparagraph:
``(B) Cap on overall rate of return.--The target
rate of return for all the companies combined for the
2013 and subsequent reinsurance years shall be 12
percent of retained premium.''.
SEC. 4. CAP ON REIMBURSEMENTS FOR ADMINISTRATIVE AND OPERATING EXPENSES
OF CROP INSURANCE PROVIDERS.
Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(4)) is amended by adding at the end the following new
subparagraph:
``(G) Additional cap on reimbursements.--
Notwithstanding subparagraphs (A) through (F), total
reimbursements for administrative and operating costs
for the 2013 insurance year for all types of policies
and plans of insurance shall not exceed $900,000,000.
For each subsequent insurance year, the dollar amount
in effect pursuant to the preceding sentence shall be
increased by the same inflation factor as established
for the administrative and operating costs cap in the
2011 Standard Reinsurance Agreement.''.
SEC. 5. BUDGET LIMITATIONS ON RENEGOTIATION OF STANDARD REINSURANCE
AGREEMENT.
Section 508(k)(8) of the Federal Crop Insurance Act of 1938 (7
U.S.C. 1508(k)(8)) is amended by adding at the end the following new
subparagraph:
``(F) Reduction in corporation obligations.--The
Board shall ensure that any Standard Reinsurance
Agreement negotiated under subparagraph (A)(ii), when
compared to the immediately preceding Standard
Reinsurance Agreement, shall reduce, to the maximum
extent practicable, the obligations of the Corporation
under subsections (e)(2) or (k)(4) or section 523.''.
SEC. 6. CROP INSURANCE PREMIUM SUBSIDIES DISCLOSURE IN THE PUBLIC
INTEREST.
Section 502(c)(2) of the Federal Crop Insurance Act (7 U.S.C.
1502(c)(2)) is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (C) and (D) respectively; and
(2) by inserting before subparagraph (C) (as so
redesignated) the following:
``(A) Disclosure in the public interest.--
Notwithstanding paragraph (1) or any other provision of
law, except as provided in subparagraph (B), the
Secretary shall on an annual basis make available to
the public--
``(i)(I) the name of each individual or
entity who obtained a federally subsidized crop
insurance, livestock, or forage policy or plan
of insurance during the previous fiscal year;
``(II) the amount of premium subsidy
received by the individual or entity from the
Corporation; and
``(III) the amount of any Federal portion
of indemnities paid in the event of a loss
during that fiscal year for each policy
associated with that individual or entity; and
``(ii) for each private insurance provider,
by name--
``(I) the underwriting gains earned
through participation in the federally
subsidized crop insurance program; and
``(II) the amount paid under this
subtitle for--
``(aa) administrative and
operating expenses;
``(bb) any Federal portion
of indemnities and reinsurance;
and
``(cc) any other purpose.
``(B) Limitation.--The Secretary shall not disclose
information pertaining to individuals and entities
covered by a catastrophic risk protection plan offered
under section 508(b).''. | Assisting Family Farmers through Insurance Reform Measures Act or AFFIRM Act - Amends the Federal Crop Insurance Act to prohibit the Federal Crop Insurance Corporation (FCIC) from paying a part of the crop insurance premium for additional coverage for any person or legal entity that has an average adjusted gross income in excess of $250,000. Caps: (1) the rate of return for all crop insurance providers combined for the 2013 and subsequent reinsurance years at 12% of retained premium, and (2) total reimbursements for administrative and operating costs for the 2013 insurance year for all types of policies and plans of insurance at $900 million. Requires that any renegotiated Standard Reinsurance Agreement, when compared to the immediately preceding Agreement, shall reduce FCIC obligations. Requires annual disclosure to the public of specified crop insurance premium subsidy information. | AFFIRM Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Homeownership
Opportunities Act''.
SEC. 2. PERMANENT CONFORMING LOAN LIMIT INCREASE FOR FREDDIE MAC AND
FANNIE MAE.
(a) Freddie Mac.--
(1) Conforming loan limit increase.--Paragraph (2) of
section 305(a) of the Federal Home Loan Mortgage Corporation
Act (12 U.S.C. 1454(a)(2)) is amended--
(A) by inserting ``(A)'' after ``(2)'';
(B) in the first sentence, by redesignating clauses
(A) through (C) as clauses (i) through (iii),
respectively;
(C) in the second sentence, by striking ``clause
(A)'' and inserting ``clause (i)'';
(D) in the sixth sentence by striking ``January 1
of each year beginning after the effective date of the
Federal Housing Finance Regulatory Reform Act of 2008''
and inserting ``January 1, 2010, and January 1 of each
year thereafter''; and
(E) in the last sentence--
(i) by striking ``115 percent'' each place
it appears and inserting ``125 percent''; and
(ii) by striking ``150 percent'' and
inserting ``175 percent''.
(2) Discretionary authority.--Paragraph (2) of section
305(a) of the Federal Home Loan Mortgage Corporation Act (12
U.S.C. 1454(a)(2)), as amended by paragraph (1), is further
amended by adding at the end the following new subparagraphs:
``(B) Notwithstanding subparagraph (A) and subject to
subparagraph (C), the Director of the Federal Housing Finance
Agency may--
``(i) increase the limitation on the maximum
original principal obligation of a mortgage that may be
purchased by the Corporation that is otherwise in
effect pursuant to the sixth sentence of subparagraph
(A) with respect to any particular size or sizes of
residences located in any particular area or areas by
not more than $100,000; or
``(ii) increase, for any geographic area that is
smaller than an area for which a dollar amount
limitation on the principal obligation of a mortgage is
established pursuant to this paragraph, the limitation
otherwise in effect for such size or sizes of
residences for such sub-area or sub-areas, but in no
case to an amount that exceeds the maximum nationwide
amount otherwise permitted under this subparagraph.
``(C) The Director of the Federal Housing Finance Agency
may increase the limitation on the maximum original principal
obligation of a mortgage for any area or sub-area pursuant to
subparagraph (B) only if the Director makes a determination
that--
``(i) such increase is warranted by higher median
home prices in such area or sub-area; and
``(ii) such increase will have a significant impact
on the cost or availability of mortgages having
principal obligation amounts in the range of such
increased limit.
``(D) Notwithstanding the calculation of the limitation on
the maximum original principal obligation of a mortgage that
may be purchased by the Corporation for an area pursuant to the
last sentence of subparagraph (A), if any recalculation of the
local median home price for any area would otherwise result in
a decrease in the maximum original principal limitation for any
size residence in any such area, the Director of the Federal
Housing Finance Agency may prevent or limit a decrease in such
limitation from taking place for any such area. In taking such
action, the Director shall consider such factors as market
dislocations caused by a decrease in such limitation, the
extent of the median home price decline, and the causes for
such reduction in median home price.''.
(b) Fannie Mae.--
(1) Conforming loan limit increase.--Paragraph (2) of
section 302(b) of the Federal National Mortgage Association
Charter Act (12 U.S.C. 1717(b)(2)) is amended--
(A) by inserting ``(A)'' after ``(2)'';
(B) in the second sentence, by redesignating
clauses (A) through (C) as clauses (i) through (iii),
respectively;
(C) in the third sentence, by striking ``clause
(A)'' and inserting ``clause (i)'';
(D) in the seventh sentence by striking ``January 1
of each year beginning after the effective date of the
Federal Housing Finance Regulatory Reform Act of 2008''
and inserting ``January 1, 2010, and January 1 of each
year thereafter''; and
(E) in the last sentence--
(i) by striking ``115 percent'' each place
it appears and inserting ``125 percent''; and
(ii) by striking ``150 percent'' and
inserting ``175 percent''.
(2) Discretionary authority.--Paragraph (2) of section
302(b) of the Federal National Mortgage Association Charter Act
(12 U.S.C. 1717(b)(2)), as amended by paragraph (1), is further
amended by adding at the end the following new subparagraphs:
``(B) Notwithstanding subparagraph (A) and subject to
subparagraph (C), the Director of the Federal Housing Finance
Agency may--
``(i) increase the limitation on the maximum
original principal obligation of a mortgage that may be
purchased by the corporation that is otherwise in
effect pursuant to the seventh sentence of subparagraph
(A) with respect to any particular size or sizes of
residences located in any particular area or areas by
not more than $100,000; or
``(ii) increase, for any geographic area that is
smaller than an area for which a dollar amount
limitation on the principal obligation of a mortgage is
established pursuant to this paragraph, the limitation
otherwise in effect for such size or sizes of
residences for such sub-area or sub-areas, but in no
case to an amount that exceeds the maximum nationwide
amount otherwise permitted under this subparagraph.
``(C) The Director of the Federal Housing Finance Agency
may increase the limitation on the maximum original principal
obligation of a mortgage for any area or sub-area pursuant to
subparagraph (B) only if the Director makes a determination
that--
``(i) such increase is warranted by higher median
home prices in such area or sub-area; and
``(ii) such increase will have a significant impact
on the cost or availability of mortgages having
principal obligation amounts in the range of such
increased limit.
``(D) Notwithstanding the calculation of the limitation on
the maximum original principal obligation of a mortgage that
may be purchased by the corporation for an area pursuant to the
last sentence of subparagraph (A), if any recalculation of the
local median home price for any area would otherwise result in
a decrease in the maximum original principal limitation for any
size residence in any such area, the Director of the Federal
Housing Finance Agency may prevent or limit a decrease in such
limitation from taking place for any such area. In taking
such action, the Director shall consider such factors as market
dislocations caused by a decrease in such limitation, the
extent of the median home price decline, and the causes for
such reduction in median home price.''.
SEC. 3. PERMANENT LOAN LIMIT INCREASE FOR FHA.
(a) Loan Limit Increase.--Subparagraph (A) of section 203(b)(2) of
the National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended--
(1) in clause (i) by striking ``115 percent'' and inserting
``125 percent''; and
(2) in clause (ii) by striking ``150 percent'' and
inserting ``175 percent''.
(b) Discretionary Authority.--Subparagraph (A) of section 203(b)(2)
of the National Housing Act (12 U.S.C. 1709(b)(2)(A) is amended by
inserting after ``; and'' at the end the following: ``except that, if
the Secretary determines an increase is warranted by higher median home
prices in an area or sub-area and such an increase will have a
significant impact on the cost or availability of mortgages having
principal obligation amounts in the range of an increased limit, the
Secretary may increase the maximum dollar amount limitation that is
otherwise in effect pursuant to the preceding provisions of this
subparagraph with respect to any particular size or sizes of
residences, or with respect to residences located in any particular
area or areas, by not more than $100,000, or increase, for any
geographic area that is smaller than an area for which a dollar amount
limitation is determined pursuant to the preceding provisions of this
subparagraph, the limitation otherwise in effect for such size or sizes
of residences for such sub-area or sub-areas, but in no case to an
amount that exceeds the maximum nationwide amount otherwise permitted
under this subparagraph; and except that notwithstanding the
calculation of the maximum dollar amount limitation for any area
pursuant to clause (i) of this subparagraph, if any recalculation of
the local median home price for any area would otherwise result in a
decrease in the maximum dollar amount limitation for any size residence
in any such area, the Secretary, considering such factors as market
dislocations caused by a decrease in such dollar amount limitation, the
extent of the median home price decline, and the causes for such
reduction in median home price, may prevent or limit a decrease in such
dollar amount limitation from taking place for any such area; and''.
SEC. 4. EXISTING LOAN LIMITS.
This Act may not be construed to affect the loan limits for the
Federal Home Loan Mortgage Corporation or the Federal National Mortgage
Association in effect under section 1203 of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) or the FHA mortgage amount
limitations in effect under section 1202 of such Act.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect January 1, 2010. | Increasing Homeownership Opportunities Act - Amends the Federal Home Loan Mortgage Corporation Act and the Federal National Mortgage Association Charter Act to increase limitations on the maximum original principal obligation of mortgages that may purchased by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation Association (Freddie Mac).
Increases such limitations in areas where 125% (currently, 115%) of the median price of residences of a particular size exceed existing mortgage purchase limitations for such residence size.
Gives the Director of the Federal Housing Finance Agency (FHFA) discretion to increase existing mortgage purchase limitations where an increase is warranted by higher median home prices in an area or sub-area and will have a significant impact on the cost or availability of mortgages for such homes.
Amends the National Housing Act to raise limitations on the maximum principal obligation of mortgages that may be insured by the Secretary of Housing and Urban Development (HUD).
Gives the Secretary discretion to increase mortgage insurance limitations where an increase is warranted by higher median home prices in an area or sub-area and will have a significant impact on the cost or availability of mortgages for such homes. | To permanently increase the conforming loan limits for the Federal Home Loan Mortgage Corporation and the Federal National Mortgage Association and the FHA maximum mortgage amount limitations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trademark Amendments Act of 1999''.
SEC. 2. DILUTION AS A GROUNDS FOR OPPOSITION AND CANCELLATION.
(a) Registrable Marks.--Section 2 of the Act entitled ``An Act to
provide for the registration and protection of trade-marks used in
commerce, to carry out the provisions of certain international
conventions, and for other purposes'' (in this Act referred to as the
``Trademark Act of 1946'') (15 U.S.C. 1052) is amended by adding at the
end the following flush sentences: ``A mark which when used would cause
dilution under section 43(c) may be refused registration only pursuant
to a proceeding brought under section 13. A registration for a mark
which when used would cause dilution under section 43(c) may be
canceled pursuant to a proceeding brought under either section 14 or
section 24.''.
(b) Opposition.--Section 13(a) of the Trademark Act of 1946 (15
U.S.C. 1063(a)) is amended in the first sentence by inserting ``,
including as a result of dilution under section 43(c),'' after
``principal register''.
(c) Petitions To Cancel Registrations.--Section 14 of the Trademark
Act of 1946 (15 U.S.C. 1064) is amended in the matter preceding
paragraph (1) by inserting ``, including as a result of dilution under
section 43(c),'' after ``damaged''.
(d) Cancellation.--Section 24 of the Trademark Act of 1946 (15
U.S.C. 1092) is amended in the second sentence by inserting ``,
including as a result of dilution under section 43(c),'' after
``register''.
(e) Effective Date and Application.--The amendments made by this
section shall take effect on the date of enactment of this Act and
shall apply only to any application for registration filed on or after
January 16, 1996.
SEC. 3. REMEDIES IN CASES OF DILUTION OF FAMOUS MARKS.
(a) Injunctions.--(1) Section 34(a) of the Trademark Act of 1946
(15 U.S.C. 1116(a)) is amended in the first sentence by striking
``section 43(a)'' and inserting ``subsection (a) or (c) of section
43''.
(2) Section 43(c)(2) of the Trademark Act of 1946 (15 U.S.C.
1125(c)(2)) is amended in the first sentence by inserting ``as set
forth in section 34'' after ``relief''.
(b) Damages.--Section 35(a) of the Trademark Act of 1946 (15 U.S.C.
1117(a)) is amended in the first sentence by striking ``or a violation
under section 43(a),'' and inserting ``a violation under section 43(a),
or a willful violation under section 43(c),''.
(c) Destruction of Articles.--Section 36 of the Trademark Act of
1946 (15 U.S.C. 1118) is amended in the first sentence--
(1) by striking ``or a violation under section 43(a),'' and
inserting ``a violation under section 43(a), or a willful violation
under section 43(c),''; and
(2) by inserting after ``in the case of a violation of section
43(a)'' the following: ``or a willful violation under section
43(c)''.
SEC. 4. LIABILITY OF GOVERNMENTS FOR TRADEMARK INFRINGEMENT AND
DILUTION.
(a) Civil Actions.--Section 32 of the Trademark Act of 1946 (15
U.S.C. 1114) is amended in the last undesignated paragraph in paragraph
(1)--
(1) in the first sentence by inserting after ``includes'' the
following: ``the United States, all agencies and instrumentalities
thereof, and all individuals, firms, corporations, or other persons
acting for the United States and with the authorization and consent
of the United States, and''; and
(2) in the second sentence by striking ``Any'' and inserting
``The United States, all agencies and instrumentalities thereof,
and all individuals, firms, corporations, other persons acting for
the United States and with the authorization and consent of the
United States, and any''.
(b) Waiver of Sovereign Immunity.--Section 40 of the Trademark Act
of 1946 (15 U.S.C. 1122) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by striking ``Sec. 40. (a) Any State'' and inserting the
following:
``Sec. 40. (a) Waiver of Sovereign Immunity by the United States.--
The United States, all agencies and instrumentalities thereof, and all
individuals, firms, corporations, other persons acting for the United
States and with the authorization and consent of the United States,
shall not be immune from suit in Federal or State court by any person,
including any governmental or nongovernmental entity, for any violation
under this Act.
``(b) Waiver of Sovereign Immunity by States.--Any State''; and
(3) in the first sentence of subsection (c), as so
redesignated--
(A) by striking ``subsection (a) for a violation described
in that subsection'' and inserting ``subsection (a) or (b) for
a violation described therein''; and
(B) by inserting after ``other than'' the following: ``the
United States or any agency or instrumentality thereof, or any
individual, firm, corporation, or other person acting for the
United States and with authorization and consent of the United
States, or''.
(c) Definition.--Section 45 of the Trademark Act of 1946 (15 U.S.C.
1127) is amended by inserting between the 2 paragraphs relating to the
definition of ``person'' the following:
``The term `person' also includes the United States, any agency or
instrumentality thereof, or any individual, firm, or corporation acting
for the United States and with the authorization and consent of the
United States. The United States, any agency or instrumentality
thereof, and any individual, firm, or corporation acting for the United
States and with the authorization and consent of the United States,
shall be subject to the provisions of this Act in the same manner and
to the same extent as any nongovernmental entity.''.
SEC. 5. CIVIL ACTIONS FOR TRADE DRESS INFRINGEMENT.
Section 43(a) of the Trademark Act of 1946 (15 U.S.C. 1125(a)) is
amended by adding at the end the following:
``(3) In a civil action for trade dress infringement under this Act
for trade dress not registered on the principal register, the person
who asserts trade dress protection has the burden of proving that the
matter sought to be protected is not functional.''.
SEC. 6. TECHNICAL AMENDMENTS.
(a) Assignment of Marks.--Section 10 of the Trademark Act of 1946
(15 U.S.C. 1060) is amended--
(1) by striking ``subsequent purchase'' in the second to last
sentence and inserting ``assignment'';
(2) in the first sentence by striking ``mark,'' and inserting
``mark.''; and
(3) in the third sentence by striking the second period at the
end.
(b) Additional Clerical Amendments.--The text and title of the
Trademark Act of 1946 are amended by striking ``trade-marks'' each
place it appears and inserting ``trademarks''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes a court to grant injunctive relief for violations of this Act, as well as damages for willful violations, and an order for delivery and destruction of any articles of the defendant which constitute a willful violation.
Waives sovereign immunity for the Federal Government to grant private citizens and corporate entities the right to bring an action for trademark infringement against the United States, its agencies, and any entities or persons acting for the United States.
Declares that in an action for trade dress infringement, where the matter sought to be protected is not registered with the U.S. Patent and Trademark Office, the person who asserts trade dress protection has the burden of proving that the trade dress is not functional (that is, not commonly used by similar businesses, and thus eligible for protection). | Trademark Amendments Act of 1999 |
SECTION 1. REPEAL OF OCCUPATIONAL TAXES RELATING TO DISTILLED SPIRITS,
WINE, AND BEER.
(a) Repeal of Occupational Taxes.--
(1) In general.--The following provisions of part II of
subchapter A of chapter 51 of the Internal Revenue Code of 1986
(relating to occupational taxes) are hereby repealed:
(A) Subpart A (relating to proprietors of distilled
spirits plants, bonded wine cellars, etc.).
(B) Subpart B (relating to brewer).
(C) Subpart D (relating to wholesale dealers)
(other than sections 5114 and 5116).
(D) Subpart E (relating to retail dealers) (other
than section 5124).
(E) Subpart G (relating to general provisions)
(other than sections 5142, 5143, 5145, and 5146).
(2) Nonbeverage domestic drawback.--Section 5131 of such
Code is amended by striking ``, on payment of a special tax per
annum,''.
(3) Industrial use of distilled spirits.--Section 5276 of
such Code is hereby repealed.
(b) Conforming Amendments.--
(1)(A) The heading for part II of subchapter A of chapter
51 of the Internal Revenue Code of 1986 and the table of
subparts for such part are amended to read as follows:
``PART II--MISCELLANEOUS PROVISIONS
``Subpart A. Manufacturers of stills.
``Subpart B. Nonbeverage domestic
drawback claimants.
``Subpart C. Recordkeeping and
registration by dealers.
``Subpart D. Other provisions.''.
(B) The table of parts for such subchapter A is amended by
striking the item relating to part II and inserting the
following new item:
``Part II. Miscellaneous provisions.''.
(2) Subpart C of part II of such subchapter (relating to
manufacturers of stills) is redesignated as subpart A.
(3)(A) Subpart F of such part II (relating to nonbeverage
domestic drawback claimants) is redesignated as subpart B and
sections 5131 through 5134 are redesignated as sections 5111
through 5114, respectively.
(B) The table of sections for such subpart B, as so
redesignated, is amended--
(i) by redesignating the items relating to sections
5131 through 5134 as relating to sections 5111 through
5114, respectively, and
(ii) by striking ``and rate of tax'' in the item
relating to section 5111, as so redesignated.
(C) Section 5111 of such Code, as redesignated by
subparagraph (A), is amended--
(i) by striking ``and rate of tax'' in the section
heading,
(ii) by striking the subsection heading for
subsection (a), and
(iii) by striking subsection (b).
(4) Part II of subchapter A of chapter 51 of such Code is
amended by adding after subpart B, as redesignated by paragraph
(3), the following new subpart:
``Subpart C--Recordkeeping by Dealers
``Sec. 5121. Recordkeeping by wholesale
dealers.
``Sec. 5122. Recordkeeping by retail
dealers.
``Sec. 5123. Preservation and inspection
of records, and entry of
premises for inspection.''.
(5)(A) Section 5114 of such Code (relating to records) is
moved to subpart C of such part II and inserted after the table
of sections for such subpart.
(B) Section 5114 of such Code is amended--
(i) by striking the section heading and inserting
the following new heading:
``SEC. 5121. RECORDKEEPING BY WHOLESALE DEALERS.'',
and
(ii) by redesignating subsection (c) as subsection (d) and
by inserting after subsection (b) the following new subsection:
``(c) Wholesale Dealers.--For purposes of this part--
``(1) Wholesale dealer in liquors.--The term `wholesale
dealer in liquors' means any dealer (other than a wholesale
dealer in beer) who sells, or offers for sale, distilled
spirits, wines, or beer, to another dealer.
``(2) Wholesale dealer in beer.--The term `wholesale dealer
in beer' means any dealer who sells, or offers for sale, beer,
but not distilled spirits or wines, to another dealer.
``(3) Dealer.--The term `dealer' means any person who
sells, or offers for sale, any distilled spirits, wines, or
beer.
``(4) Presumption in case of sale of 20 wine gallons or
more.--The sale, or offer for sale, of distilled spirits,
wines, or beer, in quantities of 20 wine gallons or more to the
same person at the same time, shall be presumptive evidence
that the person making such sale, or offer for sale, is engaged
in or carrying on the business of a wholesale dealer in liquors
or a wholesale dealer in beer, as the case may be. Such
presumption may be overcome by evidence satisfactorily showing
that such sale, or offer for sale, was made to a person other
than a dealer.''.
(C) Paragraph (3) of section 5121(d) of such Code, as so
redesignated, is amended by striking ``section 5146'' and
inserting ``section 5123''.
(6)(A) Section 5124 of such Code (relating to records) is
moved to subpart C of part II of subchapter A of chapter 51 of
such Code and inserted after section 5121.
(B) Section 5124 of such Code is amended--
(i) by striking the section heading and inserting
the following new heading:
``SEC. 5122. RECORDKEEPING BY RETAIL DEALERS.'',
(ii) by striking ``section 5146'' in subsection (c)
and inserting ``section 5123'', and
(iii) by redesignating subsection (c) as subsection
(d) and inserting after subsection (b) the following
new subsection:
``(c) Retail Dealers.--For purposes of this section--
``(1) Retail dealer in liquors.--The term `retail dealer in
liquors' means any dealer (other than a retail dealer in beer
or a limited retail dealer) who sells, or offers for sale,
distilled spirits, wines, or beer, to any person other than a
dealer.
``(2) Retail dealer in beer.--The term `retail dealer in
beer' means any dealer (other than a limited retail dealer) who
sells, or offers for sale, beer, but not distilled spirits or
wines, to any person other than a dealer.
``(3) Limited retail dealer.--The term `limited retail
dealer' means any fraternal, civic, church, labor, charitable,
benevolent, or ex-servicemen's organization making sales of
distilled spirits, wine or beer on the occasion of any kind of
entertainment, dance, picnic, bazaar, or festival held by it,
or any person making sales of distilled spirits, wine or beer
to the members, guests, or patrons of bona fide fairs,
reunions, picnics, carnivals, or other similar outings, if such
organization or person is not otherwise engaged in business as
a dealer.
``(4) Dealer.--The term `dealer' has the meaning given such
term by section 5121(c)(3).''.
(7) Section 5146 of such Code is moved to subpart C of part
II of subchapter A of chapter 51 of such Code, inserted after
section 5122, and redesignated as section 5123.
(8) Subpart C of part II of subchapter A of chapter 51 of
such Code, as amended by paragraph (7), is amended by adding at
the end the following new section:
``SEC. 5124. REGISTRATION BY DEALERS.
``Every dealer who is subject to the recordkeeping requirements
under section 5121 or 5122 shall register with the Secretary such
dealer's name or style, place of residence, trade or business, and the
place where such trade or business is to be carried on. In case of a
firm or company, the names of the several persons constituting the
same, and the places of residence, shall be so registered.''.
(9) Section 7012 of such Code is amended by redesignating
paragraphs (4) and (5) as paragraphs (5) and (6), respectively,
and by inserting after paragraph (3) the following new
paragraph:
``(4) For provisions relating to registration by dealers in
distilled spirits, wines, and beer, see section 5124.''.
(10) Part II of subchapter A of chapter 51 of such Code is
amended by inserting after subpart C the following new subpart:
``Subpart D--Other Provisions
``Sec. 5131. Packaging distilled spirits
for industrial uses.
``Sec. 5132. Prohibited purchases by
dealers.''.
(11) Section 5116 of such Code is moved to subpart D of
part II of subchapter A of chapter 51 of such Code, inserted
after the table of sections, redesignated as section 5131, and
amended by inserting ``(as defined in section 5121(c))'' after
``dealer'' in subsection (a).
(12) Subpart D of part II of subchapter A of chapter 51 of
such Code is amended by adding at the end the following new
section:
``SEC. 5132. PROHIBITED PURCHASES BY DEALERS.
``(a) In General.--Except as provided in regulations prescribed by
the Secretary, it shall be unlawful for a dealer to purchase distilled
spirits for resale from any person other than a wholesale dealer in
liquors who is required to keep the records prescribed by section 5121.
``(b) Limited Retail Dealers.--A limited retail dealer may lawfully
purchase distilled spirits for resale from a retail dealer in liquors.
``(c) Penalty and Forfeiture.--
``For penalty and forfeiture provisions applicable to
violations of subsection (a), see sections
5687 and 7302.''.
(13) Subsection (b) of section 5002 of such Code is
amended--
(A) by striking ``section 5112(a)'' and inserting
``section 5121(c)(3)'',
(B) by striking ``section 5112'' and inserting
``section 5121(c)'',
(C) by striking ``section 5122'' and inserting
``section 5122(c)''.
(14) Subparagraph (A) of section 5010(c)(2) of such Code is
amended by striking ``section 5134'' and inserting ``section
5114''.
(15) Subsection (d) of section 5052 of such Code is amended
to read as follows:
``(d) Brewer.--For purposes of this chapter, the term `brewer'
means any person who brews beer or produces beer for sale. Such term
shall not include any person who produces only beer exempt from tax
under section 5053(e).''.
(16) The text of section 5182 of such Code is amended to
read as follows:
``For provisions requiring recordkeeping by wholesale liquor
dealers, see section 5112, and by retail
liquor dealers, see section 5122.''.
(17) Subsection (b) of section 5402 of such Code is amended
by striking ``section 5092'' and inserting ``section 5052(d)''.
(18) Section 5671 of such Code is amended by striking ``or
5091''.
(19)(A) Part V of subchapter J of chapter 51 of such Code
is hereby repealed.
(B) The table of parts for such subchapter J is amended by
striking the item relating to part V.
(20)(A) Sections 5142, 5143, and 5145 of such Code are
moved to subchapter D of chapter 52 of such Code, inserted
after section 5731, redesignated as sections 5732, 5733, and
5734, respectively, and amended by striking ``this part'' each
place it appears and inserting ``this subchapter''.
(B) Section 5732 of such Code, as redesignated by
subparagraph (A), is amended by striking ``(except the tax
imposed by section 5131)'' each place it appears.
(C) Paragraph (2) of section 5733(c) of such Code, as
redesignated by subparagraph (A), is amended by striking
``liquors'' both places it appears and inserting ``tobacco
products and cigarette papers and tubes''.
(D) The table of sections for subchapter D of chapter 52 of
such Code is amended by adding at the end the following:
``Sec. 5732. Payment of tax.
``Sec. 5733. Provisions relating to
liability for occupational
taxes.
``Sec. 5734. Application of State
laws.''.
(E) Section 5731 of such Code is amended by striking
subsection (c) and by redesignating subsection (d) as
subsection (c).
(21) Subsection (c) of section 6071 of such Code is amended
by striking ``section 5142'' and inserting ``section 5732''.
(22) Paragraph (1) of section 7652(g) of such Code is
amended--
(A) by striking ``subpart F'' and inserting
``subpart B'', and
(B) by striking ``section 5131(a)'' and inserting
``section 5111''.
(c) Effective Date.--The amendments made by this section shall take
effect on July 1, 2005, but shall not apply to taxes imposed for
periods before such date. | Amends the Internal Revenue Code to repeal specified occupational taxes relating to distilled spirits, wine, and beer. Revises recordkeeping requirements for wholesale and retail liquor dealers. Requires liquor dealers who are subject to recordkeeping requirements to register with the Secretary of the Treasury. Makes it unlawful for any liquor dealer to purchase distilled spirits for resale from any person other than a wholesale dealer in liquor subject to recordkeeping requirements. | A bill to amend the Internal Revenue Code of 1986 to repeal the occupational taxes relating to distilled spirits, wine, and beer. |
SECTION 1. ESTABLISHMENT OF UNITS OF THE NATIONAL GUARD IN THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.
(a) Title 32 (National Guard) Amendments.--
(1) Definitions.--Section 101 of title 32, United States
Code, is amended--
(A) in paragraph (4), by striking ``Puerto Rico''
and inserting ``the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,'';
(B) in paragraph (6), by striking ``Puerto Rico''
and inserting ``the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''; and
(C) in paragraph (19), by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(2) Branches and organizations.--Section 103 of title 32,
United States Code, is amended by striking ``Puerto Rico,'' and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(3) Units: location; organization; command.--Section 104 of
title 32, United States Code, is amended--
(A) in subsection (a), by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,'';
(B) in subsection (c), by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''; and
(C) in subsection (d), by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(4) Availability of appropriations.--Section 107(b) of
title 32, United States Code, is amended by striking ``Puerto
Rico,'' and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(5) Maintenance of other troops.--Section 109 of title 32,
United States Code, is amended by striking ``Puerto Rico,''
each place it appears and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(6) Drug interdiction and counter-drug activities.--Section
112(h)(3) of title 32, United States Code, is amended by
striking ``Puerto Rico,'' and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(7) Enlistment oath.--Section 304 of title 32, United
States Code, is amended by striking ``or of Puerto Rico'' and
inserting ``the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(8) Adjutants general.--Section 314 of title 32, United
States Code, is amended by striking ``Puerto Rico,'' both
places it appears and inserting ``Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(9) Detail of regular members.--Section 315 of title 32,
United States Code, is amended by striking ``Puerto Rico,''
each place it appears and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(10) Termination of appointment.--Section 324(b) of title
32, United States Code, is amended by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(11) Relief from national guard duty when ordered to active
duty.--Section 325 of title 32, United States Code, is
amended--
(A) in subsection (a), by striking ``Puerto Rico,''
each place it appears and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''; and
(B) in subsection (b), by striking ``Puerto Rico''
and inserting ``Puerto Rico or the Commonwealth of the
Northern Mariana Islands''.
(12) Composition of courts-martial.--Section 326 of title
32, United States Code, is amended by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(13) Convening authority of courts-martial.--Section 327(a)
of title 32, United States Code, is amended by striking
``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(14) Governor's authority.--Section 328(a) of title 32,
United States Code, is amended by striking ``or the
Commonwealth of Puerto Rico,'' and inserting ``, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(15) Training generally.--Section 501(b) of title 32,
United States Code, is amended by striking ``Puerto Rico,'' and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(16) Support of training operations and training
missions.--Section 502(f)(2)(B)(i) of title 32, United States
Code, is amended by striking ``or the Commonwealth of Puerto
Rico'' and inserting ``, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(17) Participation in field exercises.--Section 503(b) of
title 32, United States Code, is amended by striking ``Puerto
Rico,'' and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(18) National guard schools and small arms competitions.--
Section 504(b) of title 32, United States Code, is amended by
striking ``Puerto Rico'' and inserting ``, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands,''.
(19) Attendance at army and air force schools.--Section 505
of title 32, United States Code, is amended in the first
sentence by striking ``Puerto Rico,'' and inserting ``Puerto
Rico, the Commonwealth of the Northern Mariana Islands,''.
(20) National guard youth challenge program.--Section
509(l)(1) of title 32, United States Code, is amended by
striking ``Puerto Rico,'' and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(21) Issue of supplies.--Section 702 of title 32, United
States Code, is amended--
(A) in subsection (a), by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''; and
(B) in subsections (b), (c), and (d), by striking
``Puerto Rico'' each place it appears and inserting
``the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands,''.
(22) Purchases of supplies from army or air force.--Section
703 of title 32, United States Code, is amended by striking
``Puerto Rico,'' both places it appears and inserting ``Puerto
Rico, the Commonwealth of the Northern Mariana Islands,''.
(23) Accountability.--Section 704 of title 32, United
States Code, is amended by striking ``Puerto Rico,'' and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(24) Property and fiscal officers.--Section 708 of title
32, United States Code, is amended by striking ``Puerto Rico,''
both places it appears and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(25) Employment, use, and status of technicians.--Section
709(a)(3)(C) of title 32, United States Code, is amended by
striking ``or the Commonwealth of Puerto Rico'' and inserting
``, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(26) Accountability for property issued to the national
guard.--Section 710 of title 32, United States Code, is amended
by striking ``Puerto Rico,'' each place it appears and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(27) Disposition of obsolete or condemned property.--
Section 711 of title 32, United States Code, is amended by
striking ``Puerto Rico,'' and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(28) Disposition of proceeds of condemned stores issued to
national guard.--Section 712(1) of title 32, United States
Code, is amended by striking ``Puerto Rico,'' and inserting
``Puerto Rico, the Commonwealth of the Northern Mariana
Islands,''.
(29) Settlements for property loss, personal injury, or
death.--Section 715(c) of title 32, United States Code, is
amended by striking ``or Puerto Rico'' and inserting ``, the
Commonwealth of Puerto Rico, or the Commonwealth of the
Northern Mariana Islands''.
(30) Homeland defense activities.--Section 901(2) of title
32, United States Code, is amended by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(b) Title 10 Amendments.--
(1) Definitions.--Section 101 of title 10, United States
Code, is amended--
(A) in subsection (c)--
(i) in paragraph (2), by striking ``Puerto
Rico,'' and inserting ``the Commonwealth of
Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''; and
(ii) in paragraph (4), by striking ``Puerto
Rico,'' and inserting ``the Commonwealth of
Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''; and
(B) in subsection (d)(5), by striking ``Puerto
Rico,'' and inserting ``Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(2) Militia duty exemptions.--Section 312(a)(2) of title
10, United States Code, is amended by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(3) Articles of uniform.--Section 771a(c) of title 10,
United States Code, is amended by striking ``Puerto Rico,'' and
inserting ``the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(4) Military powers of attorney.--Section 1044b(d) of title
10, United States Code, is amended by striking ``Puerto Rico,''
and inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(5) Advance medical directives of members and dependents.--
Section 1044c(e)(1) of title 10, United States Code, is amended
by striking ``Puerto Rico,'' and inserting ``Puerto Rico, the
Commonwealth of the Northern Mariana Islands,''.
(6) Detail of army national guard as students, observers,
and investigators at educational institutions, industrial
plants, and hospitals.--Section 4301(c) of title 10, United
States Code, is amended by striking ``Puerto Rico,'' and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(7) Detail of air national guard as students, observers,
and investigators at educational institutions, industrial
plants, and hospitals.--Section 9301(c) of title 10, United
States Code, is amended by striking ``Puerto Rico,'' and
inserting ``Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(8) Definition of state for division e.--Section 10001 of
title 10, United States Code, is amended by striking ``Puerto
Rico,'' and inserting ``Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''.
(9) Training of military technicians (dual status).--
Section 10216(a)(3)(C) of title 10, United States Code, is
amended by striking ``or the Commonwealth of Puerto Rico'' and
inserting ``, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(10) Commissioned officers original appointment.--Section
12204(b) of title 10, United States Code, is amended by
striking ``Puerto Rico,'' and inserting ``the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands,''.
(11) Detail for organizing, administering, etc., reserve
components.--Section 12310 of title 10, United States Code, is
amended--
(A) in subsection (b)(4), by striking ``or the
Commonwealth of Puerto Rico'' and inserting ``, the
Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands,''; and
(B) in subsection (c)(7), by striking ``Puerto
Rico,'' and inserting ``Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(12) Standards and qualifications for commissioned
officers.--Section 12642(c) of title 10, United States Code, is
amended by striking ``Puerto Rico,'' and inserting ``the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands,''.
(13) Facilities for reserve components.--Section 18232(1)
of title 10, United States Code, is amended by striking
``Puerto Rico,'' and inserting ``Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''.
(c) Title 37 Definitions.--Section 101 of title 37, United States
Code, is amended--
(1) in paragraph (7), by striking ``Puerto Rico,'' and
inserting ``the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''; and
(2) in paragraph (9), by striking ``Puerto Rico,'' and
inserting ``the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands,''. | Authorizes the establishment of units of the National Guard in the Commonwealth of the Northern Mariana Islands. | To amend titles 10, 32, and 37 of the United States Code to authorize the establishment of units of the National Guard in the Commonwealth of the Northern Mariana Islands. |
SECTION 1. INCREASE IN CONTRIBUTION LIMITS AND AMOUNTS AT WHICH PHASE
OUT OF DEDUCTION BEGINS FOR INDIVIDUAL RETIREMENT ACCOUNT
CONTRIBUTIONS.
(a) Increase in Maximum Amount of Contribution to Individual
Retirement Accounts.--
(1) In general.--Subparagraph (A) of section 219(b)(1) of
the Internal Revenue Code of 1986 (relating to maximum amount
of deduction) is amended by striking ``$2,000'' and inserting
``the applicable amount''.
(2) Applicable amount.--Subsection (b) of section 219 of
such Code is amended by adding at the end the following new
paragraph:
``(5) Applicable amount.--
``(A) In general.--For purposes of paragraph (1),
the term `applicable amount' means--
``(i) for any taxable year beginning in
1997, $2,500,
``(ii) for any taxable year beginning after
1997 and before 2006, the applicable amount
determined under this paragraph for the
preceding taxable year, increased by $500, and
``(iii) for any taxable year beginning
after 2005, $7,000.
``(B) Inflation adjustment.--In the case of a
taxable year beginning in a calendar year after 2006,
the $7,000 amount contained in subparagraph (A)(iii)
shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment under
section 1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2005' for `calendar
year 1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $10, such amount shall be rounded
to the nearest multiple of $10.''
(b) Increase of Amounts at Which Phase-Out Of Deduction For IRA
Contributions Begins.--
(1) In general.--Clauses (i) and (ii) of section
219(g)(3)(B) of such Code (relating to limitation on deduction
for active participants in certain pension plans) are amended
to read as follows:
``(i) in the case of a taxpayer filing a
joint return--
``(I) for taxable years beginning
in 1997, $50,000,
``(II) for taxable years beginning
after 1997 and before 2003, the
applicable dollar amount determined
under this subclause for the preceding
taxable year, increased by $10,000, and
``(III) for taxable years beginning
after 2002, $110,000.
``(ii) in the case of any other taxpayer
(other than a married individual filing a
separate return)--
``(I) for taxable years beginning
in 1997, $30,000,
``(II) for taxable years beginning
after 1997 and before 2003, the
applicable dollar amount determined
under this subclause for the preceding
taxable year, increased by $5,000, and
``(III) for taxable years beginning
after 2002, $60,000, and''
(2) Inflation adjustment.--Paragraph (3) of section 219(g)
of such Code is amended by adding at the end the following new
subparagraph:
``(C) Inflation adjustment.--In the case of a
taxable year beginning in a calendar year after 2003,
the $110,000 amount contained in subparagraph
(B)(i)(III) and the $60,000 amount contained in
subparagraph (B)(ii)(III) shall each be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment under
section 1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2004' for `calendar
year 1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $100, such amount shall be rounded
to the nearest multiple of $100.''
(c) Conforming Amendments.--
(1) Paragraph (1) of section 408(a) of such Code is amended
by striking ``$2,000'' and inserting ``the applicable amount
(as in effect under section 219(b) for such taxable year)''.
(2) Subparagraph (B) of section 408(b)(2) of such Code is
amended by striking ``$2,000'' and inserting ``the applicable
amount in effect under section 219(b) for the taxable year of
such individual''.
(3) Subsection (b) of section 408 of such Code is amended
in the last sentence by striking `$2,000'' and inserting ``the
applicable amount in effect under section 219(b) for such
taxable year''.
(4) Subparagraph (A) of section 408(d)(5) of such Code is
amended by striking ``dollar amount'' and inserting
``applicable amount''.
(5) Subsection (j) of section 408 of such Code is amended
by striking ``$2,000'' and inserting ``applicable''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.
SEC. 2. PENALTY-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS,
401(k) PLANS, ETC.
(a) Distributions Related to First Homes, Education, or Adoption.--
(1) In general.--Paragraph (2) of section 72(t) (relating
to exceptions to 10-percent additional tax on early
distributions from qualified retirement plans) is amended by
adding at the end the following new subparagraph:
``(E) Certain distributions from individual
retirement plans, 401(k) plans, etc.--Distributions to
an individual from an individual retirement plan, or
from amounts attributable to employer contributions
made pursuant to elective deferrals described in
subparagraph (A) or (C) of section 402(g)(3) or section
501(c)(18)(D)(iii), to the extent such distributions do
not exceed the sum of--
``(i) qualified first-time homebuyer
distributions (as defined in paragraph (7))
made during the taxable year,
``(ii) qualified education expenses (as
defined in paragraph (8)) of the taxpayer for
the taxable year, and
``(iii) qualified adoption expenses (as
defined in section 23(d), determined without
regard to section 23(d)(2)(B)) paid or incurred
by the taxpayer during the taxable year.''
(2) Definitions.--Section 72(t) is amended by adding at the
end the following new paragraphs:
``(7) Qualified first-time homebuyer distributions.--For
purposes of paragraph (2)(E)(i)--
``(A) In general.--The term `qualified first-time
homebuyer distribution' means any payment or
distribution received by an individual to the extent
such payment or distribution is used by the individual
before the close of the 60th day after the day on which
such payment or distribution is received to pay
qualified acquisition costs with respect to a principal
residence of a first-time homebuyer who is such
individual, the spouse of such individual, or any
child, grandchild, or ancestor of such individual or
the individual's spouse.
``(B) Qualified acquisition costs.--For purposes of
this paragraph, the term `qualified acquisition costs'
means the costs of acquiring, constructing, or
reconstructing a residence. Such term includes any
usual or reasonable settlement, financing, or other
closing costs.
``(C) First-time homebuyer; other definitions.--For
purposes of this paragraph--
``(i) First-time homebuyer.--The term
`first-time homebuyer' means any individual
if--
``(I) such individual (and if
married, such individual's spouse) had
no present ownership interest in a
principal residence during the 2-year
period ending on the date of
acquisition of the principal residence
to which this paragraph applies, and
``(II) subsection (h) or (k) of
section 1034 did not suspend the
running of any period of time specified
in section 1034 with respect to such
individual on the day before the date
the distribution is applied pursuant to
subparagraph (A).
``(ii) Principal residence.--The term
`principal residence' has the same meaning as
when used in section 1034.
``(iii) Date of acquisition.--The term
`date of acquisition' means the date--
``(I) on which a binding contract
to acquire the principal residence to
which subparagraph (A) applies is
entered into, or
``(II) on which construction or
reconstruction of such a principal
residence is commenced.
``(D) Special rule where delay in acquisition.--If
any distribution from any individual retirement plan
fails to meet the requirements of subparagraph (A)
solely by reason of a delay or cancellation of the
purchase or construction of the residence, the amount
of the distribution may be contributed to an individual
retirement plan as provided in section 408(d)(3)(A)(i)
(determined by substituting `120 days' for `60 days' in
such section), except that--
``(i) section 408(d)(3)(B) shall not be
applied to such contribution, and
``(ii) such amount shall not be taken into
account in determining whether section
408(d)(3)(A)(i) applies to any other amount.
``(8) Qualified education expenses.--For purposes of
paragraph (2)(E)(ii)--
``(A) In general.--The term `qualified higher
education expenses' means tuition, fees, books,
supplies, and equipment required for the education of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) any child (as defined in section
151(c)(3)), grandchild, or ancestor of the
taxpayer or the taxpayer's spouse,
whether or not such education takes place at an
eligible educational institution (as defined in section
135(c)(3)).
``(B) Coordination with savings bond provisions.--
The amount of qualified education expenses for any
taxable year shall be reduced by any amount excludable
from gross income under section 135.''
(3) Conforming amendment.--Subparagraph (B) of section
72(t)(2) is amended by striking ``or (D)'' and inserting ``,
(D), or (E)''.
(b) Penalty-Free Distributions for Certain Unemployed Individuals
Not Limited to Health Insurance Costs and Allowed From 401(k) Plans,
Etc.--Subparagraph (D) of section 72(t)(2) is amended--
(1) in clause (i), by inserting ``, or from amounts
attributable to employer contributions made pursuant to
elective deferrals described in subparagraph (A) or (C) of
section 402(g)(3) or section 501(c)(18)(D)(iii),'' after
``individual retirement plan'',
(2) in clause (i), by inserting ``and'' at the end of
subclause (I), by striking ``, and'' at the end of subclause
(II) and inserting a period, and by striking subclause (III),
and
(3) by striking ``for health insurance premiums'' in the
heading.
(c) Unlimited Penalty-Free Distributions for Medical Care and
Expanded Definition of Dependents for Purposes of Such Distributions.--
Subparagraph (B) of section 72(t)(2) is amended by striking ``medical
care'' and all that follows and inserting ``medical care, determined--
``(i) without regard to whether the
employee itemizes deductions for such taxable
year, and
``(ii) in the case of a distribution from
an individual retirement plan, or from amounts
attributable to employer contributions made
pursuant to elective deferrals described in
subparagraph (A) or (C) of section 402(g)(3) or
section 501(c)(18)(D)(iii)--
``(I) without regard to whether or
not such expenses exceed 7.5 percent of
adjusted gross income, and
``(II) by treating an individual's
dependents as including all children
and grandchildren of the individual (or
of such individual's spouse), and all
ancestors of the individual (or of such
individual's spouse).''
(d) Effective Date.--The amendments made by this section shall
apply to payments and distributions in taxable years beginning after
December 31, 1996. | Amends the Internal Revenue Code to increase the: (1) maximum deduction for individual retirement account contributions; and (2) income amount at which phase-out of that deduction begins.
Exempts from the early distribution penalty: (1) distributions from certain types of retirement plans for first-time home buyer, education, or adoption expenses; and (2) for unemployed individuals (currently, for unemployed individuals for health insurance premiums). Modifies requirements regarding penalties for medical care early distributions. | To amend the Internal Revenue Code of 1986 to increase the maximum amount of contributions to individual retirement accounts and the amounts of adjusted gross income at which the IRA deduction phases out for active participants in pension plans, and to allow penalty-free distributions from individual retirement accounts and 401(k) plans for certain purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jacob Wetterling Crimes Against
Children Registration Act''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
(a) In General.--
(1) State guidelines.--The Attorney General shall establish
guidelines for State programs requiring any person who is
convicted of a criminal offense against a victim who is a minor
to register a current address with a designated State law
enforcement agency for ten years after release from prison,
being placed on parole, or being placed on supervised release.
(2) Definition.--For purposes of this subsection, the term
``criminal offense against a victim who is a minor'' includes--
(A) kidnapping of a minor, except by a noncustodial
parent;
(B) false imprisonment of a minor, except by a
noncustodial parent;
(C) criminal sexual conduct toward a minor;
(D) solicitation of minors to engage in sexual
conduct;
(E) use of minors in a sexual performance; or
(F) solicitation of minors to practice
prostitution.
(b) Registration Requirement Upon Release, Parole, or Supervised
Release.--An approved State registration program established by this
section shall contain the following requirements:
(1) Notification.--If a person who is required to register
under this section is released from prison, paroled, or placed
on supervised release, a State prison officer shall--
(A) inform the person of the duty to register;
(B) inform the person that if the person changes
residence address, the person shall give the new
address to a designated State law enforcement agency in
writing within ten days;
(C) obtain a fingerprint card and photograph of the
person if these have not already been obtained in
connection with the offense that triggers registration;
and
(D) require the person to read and sign a form
stating that the duty of the person to register under
this section has been explained.
(2) Transfer of information to state and the ncic.--The
officer shall, within three days after receipt of information
under paragraph (1), forward it to a designated State law
enforcement agency. The State law enforcement agency shall
immediately enter the information into the State law
enforcement system and National Crime Information Center
computer networks and notify the appropriate law enforcement
agency having jurisdiction where the person expects to reside.
(3) Annual verification.--On each anniversary of a person's
initial registration date during the period in which the person
is required to register under this section, the designated
State law enforcement agency shall mail a nonforwardable
verification form to the last reported address of the person.
The person shall mail the verification form to the officer
within ten days after receipt of the form. The verification
form shall be signed by the person, and state that the person
still resides at the address last reported to the designated
State law enforcement agency. If the person fails to mail the
verification form to the designated State law enforcement
agency within ten days after receipt of the form, the person
shall be in violation of this section unless the person proves
that the person has not changed his or her residence address.
(4) Notification of local law enforcement agencies of
changes in address.--Any change of address by a person required
to register under this section reported to the designated State
law enforcement agency shall immediately be reported to the
appropriate law enforcement agency having jurisdiction where
the person is residing.
(c) Registration for Ten Years.--A person required to register
under this section shall continue to comply with this section until ten
years have elapsed since the person was released from imprisonment,
parole, or supervised release.
(d) Penalty.--A person required to register under this section who
violates any requirement of a State program established by this section
shall be subject to criminal penalties in such State. It is the sense
of Congress that such penalties should include at least six months
imprisonment.
(e) Private Data.--The information provided under this section is
private data on individuals and may be used for law enforcement
purposes, including confidential background checks by child care
services providers.
SEC. 3. STATE COMPLIANCE.
(a) Compliance Date.--Each State shall have three years from the
date of the enactment of this Act in which to implement the provisions
of this Act.
(b) Ineligibility for Funds.--The allocation of funds under section
506 of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3756) received by a State not complying with the
provisions of this section three years after the date of enactment of
this Act shall be reduced by 25 percent and the unallocated funds shall
be reallocated to the States in compliance with this section. | Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring persons convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency for ten years after release from prison, parole, or being placed on supervised release.
Sets forth requirements for an approved State registration program, including fingerprint cards and entry of information into the State law enforcement system and National Crime Information Center computer networks.
Provides that the information provided under this Act is private and may be used for law enforcement purposes, including confidential background checks by child care service providers.
Specifies that the allocation of Bureau of Justice Assistance grant funds under the Omnibus Crime Control and Safe Streets Act of 1968 received by a State not complying with the provisions of this Act within three years shall be reduced by 25 percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act. | Jacob Wetterling Crimes Against Children Registration Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast Cancer Awareness
Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) breast cancer is the most common cancer among women of
the United States, except for skin cancers;
(2) today, about 1 in 8, or 12 percent of, women in the
United States will develop invasive breast cancer, which is an
increase from 1 in 11, or 9 percent of, women in 1975;
(3) breast cancer is the second leading cause of cancer
death in women;
(4) the chance of dying from breast cancer is about 1 in
36;
(5) thanks to earlier detection, increased awareness, and
improved treatment, death rates from breast cancer have
decreased since 1989;
(6) there is a strong interest among the people of the
United States to do more to tackle breast cancer;
(7) the National Cancer Institute estimates that
$18,100,000,000 was spent in the United States on breast cancer
care in 2014;
(8) finding a cure for breast cancer is a goal of the
United States Government;
(9) the National Institutes of Health dedicated an
estimated $674,000,000 for breast cancer research in fiscal
year 2014;
(10) in fiscal year 2014, the Breast Cancer Research
Program of the Department of Defense received $120,000,000;
(11) while the National Institutes of Health and the
Department of Defense program on breast cancer research remain
the largest funders of breast cancer research in the United
States, funding for the National Cancer Institute was reduced
by nearly $66,000,000 between 2011 and 2013;
(12) the funding level for the Department of Defense Breast
Cancer Research Program has remained consistent since 2012, but
this amount represents a 20-percent decrease from 2011 funding
levels;
(13) additional private sector support for breast cancer
research will help find cures for breast cancer even faster;
(14) it is estimated that, in the United States, 231,840
women will be diagnosed with, and 40,290 women will die of,
breast cancer in 2015;
(15) on average, every 13 minutes a woman dies of breast
cancer in the United States;
(16) due to disease type and lack of adequate care,
African-American women have the highest death rates of all
racial and ethnic groups overall and are at least 44-percent
more likely to die of breast cancer than women of other racial
and ethnic groups;
(17) breast cancer used to be considered a disease of aging
but recent trends show that more aggressive forms of the
disease have been increasingly diagnosed in younger women;
(18) breast cancer is the most frequently diagnosed cancer
among nearly every racial and ethnic group, including African-
American, American Indian/Alaska Native, Asian/Pacific
Islander, and Hispanic/Latina women;
(19) clinical advances resulting from research have led to
increased survival rates from breast cancer;
(20) since 1990, death rates from breast cancer have
dropped more than 34 percent;
(21) it is estimated that there will be 2,350 new cases of
invasive breast cancer and 440 breast cancer deaths among men
in the United States in 2015;
(22) at this time there are more than 3,100,000 breast
cancer survivors in the United States;
(23) it is estimated that breast cancer costs
$12,500,000,000 in lost productivity;
(24) the losses of productivity due to breast cancer will
increase with the projected growth rate and aging of the
population of the United States if cancer mortality rates stay
constant in the future;
(25) there is a better chance of survival, and there are
more treatment options available, with early stage detection
through mammograms and clinical breast exams;
(26) breast cancer is the most common cancer in women
worldwide, with an estimated 1,700,000 new cases of breast
cancer among women worldwide in 2012;
(27) the Breast Cancer Research Foundation (hereafter in
this Act referred to as ``BCRF'') is considered one of the most
efficient cancer research charities;
(28) of every dollar donated to BCRF, 91 cents goes to
research and awareness programs, 88 cents towards research and
3 cents towards awareness;
(29) founded in 1993, BCRF has raised more than
$500,000,000 to fuel discoveries in tumor biology, genetics,
prevention, treatment, survivorship, and metastasis, making
BCRF one of the largest private funders of breast cancer
research in the world; and
(30) in 2014 and 2015, BCRF committed $58,600,000 in
research, including $11,600,000 to the international Evelyn H.
Lauder Founder's Fund focused on metastasis, to support the
work of more than 220 researchers at leading medical
institutions across 6 continents, including 25 States and 14
countries.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 50,000 $5 gold coins,
which shall--
(A) have a diameter of 0.850 inches; and
(B) be made of ``pink gold'', which contains not
less than 75-percent gold.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90-percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the fight against breast cancer.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the face value of the coin;
(B) an inscription of the year ``2018''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be selected by the Secretary based on the winning design from a
juried, compensated design competition described under subsection (c).
(c) Design Competition.--
(1) In general.--The Secretary shall hold a competition and
provide compensation for the winner of the competition to
design the obverse and reverse of the coins minted under this
Act. The competition shall be judged by an expert jury chaired
by the Secretary and consisting of 3 members from the Citizens
Coinage Advisory Committee who shall be elected by the
Committee and 3 members from the Commission of Fine Arts who
shall be elected by the Commission.
(2) Proposals.--As part of the competition described in
this subsection, the Secretary may accept proposals from
artists, engravers of the United States Mint, and members of
the general public, and any designs submitted for the design
review process described herein shall be anonymized until a
final selection is made.
(3) Accompanying designs; preference for physical
designs.--The Secretary shall encourage 3-dimensional designs
to be submitted as part of the proposals, and the jury shall
give a preference for proposals that are accompanied by a 3-
dimensional physical design instead of, or in addition to, an
electronic design.
(4) Compensation.--The Secretary shall determine
compensation for the winning design under this subsection,
which shall be not less than $5,000. The Secretary shall take
into account this compensation amount when determining the sale
price described in section 6(a).
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2018.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
the coins; and
(3) the cost of designing and issuing the coins,
including--
(A) labor;
(B) materials;
(C) dies;
(D) use of machinery;
(E) overhead expenses;
(F) marketing; and
(G) shipping.
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of the
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin;
(2) $10 per coin for the $1 coin; and
(3) $5 per coin for the half-dollar 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 Breast Cancer Research Foundation, New York, New York,
for the purpose of furthering research funded by the Foundation.
(c) Audits.--The surcharge recipient under subsection (b) shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under that
subsection.
(d) Limitations.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, at the time of the issuance, the issuance of
the coin would result in the number of commemorative coin programs
issued during that year to exceed the commemorative coin program
restriction under section 5112(m)(1) of title 31, United States Code
(as in effect on the date of the enactment of this Act). The Secretary
may issue guidance to carry out this subsection. | Breast Cancer Awareness Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue up to 50,000 $5 gold coins (to be made of "pink gold" containing at least 75% gold), 400,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the fight against breast cancer. Treasury shall: select the design for the coins based upon the winning design from a juried, compensated design competition following certain specifications; and issue the coins only during the one-year period beginning on January 1, 2018. All such coin sales must include the following surcharges: $35 per $5 gold coin, $10 per $1 dollar silver coin, and $5 per half-dollar coin. The Treasury shall pay received surcharges promptly to the Breast Cancer Research Foundation according to a specified distribution formula. | Breast Cancer Awareness Commemorative Coin Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leave No Securities Behind Act''.
SEC. 2. REGISTRATION OF SECURITIES.
(a) Fannie Mae.--
(1) Mortgage-backed securities.--Section 304(d) of the
Federal National Mortgage Association Charter Act (12 U.S.C.
1719(d)) is amended by striking the fourth sentence and
inserting the following new sentence: ``Securities issued by
the corporation under this subsection shall not be exempt
securities within the meaning of the laws administered by the
Securities and Exchange Commission.''
(2) Subordinate obligations.--Section 304(e) of the Federal
National Mortgage Association Charter Act (12 U.S.C. 1719(e))
is amended by striking the fourth sentence and inserting the
following new sentence: ``Obligations issued by the corporation
under this subsection shall not be exempt securities within the
meaning of the laws administered by the Securities and Exchange
Commission.''
(3) Securities.--Section 311 of the Federal National
Mortgage Association Charter Act (12 U.S.C. 1723c) is amended--
(A) in the section header, by striking
``association'';
(B) by inserting ``(a) In General.--'' after ``Sec.
311.'';
(C) in the second sentence, by inserting ``by the
Association'' after ``issued''; and
(D) by adding at the end the following new
subsection:
``(b) Treatment of Corporation Securities.--
``(1) In general.--Any stock, obligations, securities,
participations, or other instruments issued or guaranteed by
the corporation pursuant to this title shall not be exempt
securities within the meaning of the laws administered by the
Securities and Exchange Commission.
``(2) Exemption for approved sellers.--Notwithstanding any
other provision of this title or the Securities Act of 1933,
transactions involving the initial disposition by an approved
seller of pooled certificates that are acquired by that seller
from the corporation upon the initial issuance of the pooled
certificates shall be deemed to be transactions by a person
other than an issuer, underwriter, or dealer within the meaning
of the laws administered by the Securities and Exchange
Commission.
``(3) Definitions.--For purposes of this subsection:
``(A) Approved seller.--The term `approved seller'
means an institution approved by the corporation to
sell mortgage loans to the corporation in exchange for
pooled certificates.
``(B) Pooled certificates.--The term `pooled
certificates' means single class mortgage-backed
securities guaranteed by the corporation that have been
issued by the corporation directly to the approved
seller in exchange for the mortgage loans underlying
such mortgage-backed securities.
``(4) Mortgage related securities.--A single class
mortgage-backed security guaranteed by the corporation that has
been issued by the Corporation directly to the approved seller
in exchange for the mortgage loans underlying such mortgage-
backed securities or directly by the corporation for cash shall
be deemed to be a mortgage related security as defined in
section 3(a) of the Securities Exchange Act of 1934.''.
(b) Freddie Mac.--Subsection (g) of section 306 of the Federal Home
Loan Mortgage Corporation Act (12 U.S.C. 1455(g)) is amended to read as
follows:
``(g) Treatment of Securities.--
``(1) In general.--Any securities issued or guaranteed by
the Corporation shall not be exempt securities within the
meaning of the laws administered by the Securities and Exchange
Commission.''.
``(2) Exemption for approved sellers.--Notwithstanding any
other provision of this title or the Securities Act of 1933,
transactions involving the initial disposition by an approved
seller of pooled certificates that are acquired by that seller
from the Corporation upon the initial issuance of the pooled
certificates shall be deemed to be transactions by a person
other than as an issuer, underwriter, or dealer within the
meaning of the laws administered by the Securities and Exchange
Commission.
``(3) Definitions.--For purposes of this subsection:
``(A) Approved seller.--The term `approved seller'
means an institution approved by the Corporation to
sell mortgage loans to the Corporation in exchange for
pooled certificates.
``(B) Pooled certificates.--The term `pooled
certificates' means single class mortgage-backed
securities guaranteed by the Corporation that have been
issued by the Corporation directly to the approved
seller in exchange for the mortgage loans underlying
such mortgage-backed securities.''.
(c) Regulations.--The Securities and Exchange Commission may issue
any regulations as may be necessary or appropriate to carry out the
purposes of this section and the amendments made by this section.
(d) Effective Date.--The amendments under this section shall be
made upon the expiration of the 180-day period beginning on the date of
the enactment of this Act, but shall apply only with respect to fiscal
years of the Federal National Mortgage Association and the Federal Home
Loan Mortgage Corporation that begin after the expiration of such 180-
day period.
SEC. 3. LIMITATION ON REGISTRATION FEES.
(a) In General.--Section 6(b)(2) of the Securities Act of 1933 (15
U.S.C. 77f(b)(2)) is amended by adding at the end the following new
sentence: ``Notwithstanding any other provision of this title, no
applicant, or group of affiliated applicants that do not include any
investment company registered under the Investment Company Act of 1940,
filing a registration statement subject to a fee shall be required in
any fiscal year with respect to all registration statements filed by
such applicant in such fiscal year to pay an aggregate amount in fees
to the Commission pursuant to subsection (b) in excess of five percent
of the target offsetting collection amount for such fiscal year. Fees
paid in connection with registration statements relating to business
combinations shall not be included in calculating the total fees paid
by any applicant.''.
(b) Effective Date.--The amendment under subsection (a) shall be
made and shall apply upon the expiration of the 180-day period
beginning on the date of the enactment of this Act. | Leave No Securities Behind Act - Amends the Federal National Mortgage Association Charter Act to extend Securities and Exchange Commission (SEC) authority to mortgage-backed and subordinate obligations, and corporate securities (with an exemption for approved sellers) of the Federal National Mortgage Association (Fannie Mae).Amends the Federal Home Loan Mortgage Corporation Act to extend SEC authority to corporate securities (with an exception for approved sellers) of the Federal Home Loan Mortgage Corporation (Freddie Mac).Amends the Securities Act of 1933 to limit specified SEC registration fees. | To extend the registration and reporting requirements of the Federal securities laws to certain housing-related Government-sponsored enterprises, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Stock Ownership Plan
Promotion and Improvement Act of 2007''.
SEC. 2. 10 PERCENT PENALTY TAX NOT TO APPLY TO CERTAIN S CORPORATION
DISTRIBUTIONS MADE ON STOCK HELD BY EMPLOYEE STOCK
OWNERSHIP PLAN.
(a) In General.--Clause (vi) of section 72(t)(2)(A) of the Internal
Revenue Code of 1986 (relating to general rule that subsection not to
apply to certain distributions) is amended by inserting before the
comma at the end the following: ``or any distribution (as described in
section 1368(a)) with respect to S corporation stock that constitutes
qualifying employer securities (as defined by section 409(l)) to the
extent that such distributions are paid to a participant in the manner
described in clause (i) or (ii) of section 404(k)(2)(A)''.
(b) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.
SEC. 3. ESOP DIVIDEND EXCEPTION TO ADJUSTMENTS BASED ON ADJUSTED
CURRENT EARNINGS.
(a) In General.--Section 56(g)(4)(C) of the Internal Revenue Code
of 1986 (relating to disallowance of items not deductible in computing
earnings and profits) is amended by adding at the end the following new
clause:
``(vii) Treatment of esop dividends.--
Clause (i) shall not apply to any deduction
allowable under section 404(k) if the deduction
is allowed for dividends paid on employer
securities held by an employee stock ownership
plan established or authorized to be
established before March 15, 1991.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1989.
(c) Waiver of Limitations.--If refund or credit of any overpayment
of tax resulting from the application of the amendment made by this
section is prevented at any time before the close of the 1-year period
beginning on the date of the enactment of this Act by the operation of
any law or rule of law (including res judicata), such refund or credit
may nevertheless be made or allowed if claim therefor is filed before
the close of such period.
SEC. 4. AMENDMENTS RELATED TO SECTION 1042.
(a) Deferral of Tax for Certain Sales to Employee Stock Ownership
Plan Sponsored by S Corporation.--
(1) In general.--Section 1042(c)(1)(A) of the Internal
Revenue Code of 1986 (defining qualified securities) is amended
by striking ``C''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to sales after the date of the enactment of this
Act.
(b) Reinvestment in Certain Mutual Funds Permitted.--
(1) In general.--Clause (ii) of section 1042(c)(4)(B) of
the Internal Revenue Code of 1986 (defining operating
corporation) is amended to read as follows:
``(ii) Financial institutions, insurance
companies, and mutual funds.--The term
`operating corporation' shall include--
``(I) any financial institution
described in section 581,
``(II) any insurance company
subject to tax under subchapter L, and
``(III) any regulated investment
company if substantially all of the
securities held by such company are
securities issued by operating
corporations (determined without regard
to this subclause).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to sales of qualified securities after the date of
the enactment of this Act.
(c) Modification to 25-Percent Shareholder Rule.--
(1) In general.--Subparagraph (B) of section 409(n)(1) of
the Internal Revenue Code of 1986 (relating to securities
received in certain transactions) is amended to read as
follows:
``(B) for the benefit of any other person who owns
(after the application of section 318(a)) more than 25
percent of--
``(i) the total combined voting power of
all classes of stock of the corporation which
issued such employer securities or of any
corporation which is a member of the same
controlled group of corporations (within the
meaning of subsection (l)(4)) as such
corporation, or
``(ii) the total value of all classes of
stock of any such corporation.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act.
SEC. 5. DE MINIMIS EXCEPTION TO DIVERSIFICATION OF INVESTMENT
REQUIREMENT.
(a) In General.--Paragraph (28) of section 401(a) of the Internal
Revenue Code of 1986 (relating to additional requirements relating to
employee stock ownership plans) is amended by adding at the end the
following new subparagraph:
``(D) Exception for de minimis account balance.--A
plan shall not fail to meet the requirements of this
subparagraph for a plan year solely because the plan
provides that clause (i) does not apply to any
participant's account in the plan which, as of the
close of the preceding plan year, has an account
balance which does not exceed $2,500.''.
(b) Effective Date.--The amendment made by this section shall apply
to plan years beginning after the date of the enactment of this Act. | Employee Stock Ownership Plan Promotion and Improvement Act of 2007 - Amends the Internal Revenue Code to: (1) exempt certain distributions, including dividends, by S corporations to an employee stock ownership plan (ESOP) from the penalty tax for premature employee benefit plan withdrawals; (2) exempt deductions for ESOP dividends from corporate alternative minimum tax adjustments based on adjusted earnings and profits; (3) allow deferral of the recognition of gain for certain sales to ESOPs sponsored by any domestic corporation, including S corporations; (4) allow reinvestment of ESOP stock proceeds eligible for nonrecognition of gain in certain mutual funds; (5) modify certain ESOP stock ownership rules; and (6) allow a de minimis exception from pension plan investment diversification requirements for ESOP accounts with balances of $2,500 or less. | A bill to amend the Internal Revenue Code of 1986 to improve the operation of employee stock ownership plans, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heart Disease Education, Analysis,
and Research, and Treatment for Women Act'' or the ``HEART for Women
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Heart disease, stroke, and other cardiovascular
diseases are the leading cause of death among women.
(2) Despite being the number 1 killer, only 13 percent of
women are aware that cardiovascular diseases, including heart
disease and stroke, are their greatest health risk.
(3) Many minority women, including African American,
Hispanic, and Native American women, are at a higher risk of
death from heart disease, stroke, and other cardiovascular
diseases, but they are less likely to know of this risk.
(4) There is a pervasive lack of awareness among health
care providers that cardiovascular disease is the leading
killer of women.
(5) Women are less likely than men to receive certain
treatments for cardiovascular diseases, perhaps due to lack of
awareness and the presence of different symptoms in women than
in men.
(6) Women tend to experience later onset of heart disease
than men, and therefore more often suffer from multiple
conditions that mask symptoms of heart disease and complicate
treatment.
(7) Certain diagnostic tests for cardiovascular disease may
be less accurate in women than men.
(8) Drug effectiveness and metabolism differ in women and
men, impacting successful treatment of cardiovascular disease.
(9) In addition, stroke kills 2.3 times as many females as
does breast cancer. Nearly 61 percent of stroke-related deaths
occur in females. Studies have found gender differences in the
effects, diagnosis, and treatment of stroke. For instance--
(A) stroke severity is greater in women than in
men;
(B) women often receive fewer diagnostic tests and
intervention procedures than men; and
(C) strokes present treatment issues unique to
women.
SEC. 3. REPORTING OF GENDER DATA IN APPLICATIONS FOR DRUGS, BIOLOGICS,
AND DEVICES.
(a) New Drug Applications.--Section 505(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(b)) is amended by adding at the
end the following:
``(5)(A) Notwithstanding any other provision of this Act, the
applicant shall include in any submission to the Secretary pursuant to
this subsection, to the extent appropriate, information stratified by
gender, race and ethnicity, including any differences in safety and
effectiveness.
``(B) The Secretary shall withhold approval of an application if
the applicant fails to submit the required information described in
subparagraph (A).
``(C) The Secretary shall develop standards to ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under subparagraph (A).
``(D) Upon the approval under this subsection of an application for
a drug, the Secretary shall report to the scientific community and make
available to the public, in a timely manner, data regarding such drug
stratified by gender, race, and ethnicity.''.
(b) Investigational New Drug Applications.--Section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) is amended--
(1) in paragraph (2), by inserting ``and paragraph (5)''
after ``Subject to paragraph (3)''; and
(2) by adding at the end the following:
``(5)(A) Notwithstanding any other provision of this Act, the
manufacturer or sponsor of an investigation of a new drug shall include
in any submission to the Secretary pursuant to this subsection on the
clinical investigation of the new drug and to the extent appropriate,
information stratified by gender, race, and ethnicity, including any
differences in safety and effectiveness.
``(B) The Secretary shall place a clinical hold (as described in
paragraph (3)) on an investigation if the manufacturer or sponsor of
the investigation fails to submit the required information described in
subparagraph (A).
``(C) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection on clinical
investigations of new drugs are adequately reviewed to determine
whether such submissions include the information required under this
paragraph.''.
(c) Abbreviated New Drug Applications.--Section 505(j) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended--
(1) in paragraph (2)(A), by inserting before the period at
the end the following: ``, subject to paragraph (10)'';
(2) in paragraph (3)(A), by adding at the end the
following: ``The Secretary shall require such individuals who
review such applications to ensure that such applications
include the information on gender data required under paragraph
(10).'';
(3) in paragraph (4)--
(A) in subparagraph (J), by striking ``or'' after
the semicolon;
(B) in subparagraph (K), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(L) the application does not include appropriate
information stratified by gender, race, and ethnicity,
as required under paragraph (10).''.
(4) by adding at the end the following:
``(10)(A) Notwithstanding any other provision of this Act, a person
shall include in any submission to the Secretary pursuant to this
subsection appropriate drug information stratified by gender, race, and
ethnicity, including any differences in safety and effectiveness.
``(B) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under this paragraph.
``(11) Upon the approval under this subsection of an application
for a drug, the Secretary shall report to the scientific community and
make available to the public, in a timely manner, data regarding such
drug stratified by gender, race, and ethnicity.''.
(d) Premarket Approvals.--Section 515 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360e) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (F), by striking
``and'' at the end;
(ii) in subparagraph (G), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(H) information regarding the device, to the extent
appropriate, stratified by gender, race and ethnicity,
including differences in safety and effectiveness.''; and
(B) by adding at the end the following:
``(5) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under paragraph (1)(H).''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking ``or''
at the end;
(ii) in subparagraph (E), by striking the
period and inserting ``; or''; and
(iii) by inserting after subparagraph (E),
the following:
``(F) the application does not contain, as appropriate, the
information required in subsection (c)(1)(H).''; and
(B) by adding at the end the following:
``(7) Upon the approval of an application under this section, the
Secretary shall report to the scientific community and make available
to the public, in a timely manner, data regarding such device
stratified by gender, race, and ethnicity.''.
(e) Investigational Device Exemptions.--Section 520(g)(2) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(g)) is amended--
(1) in subparagraph (B), by adding at the end the
following:
``(iv) A requirement that any application include
information regarding the device, to the extent appropriate,
stratified by gender, race, and ethnicity, including
differences in safety and effectiveness.''; and
(2) by adding at the end the following:
``(d) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under paragraph (B)(iv).''.
(f) Biological Product Licenses.--Section 351(a)(2) of the Public
Health Service Act (42 U.S.C. 262) is amended by adding at the end the
following:
``(D)(i) Notwithstanding any other provision of this Act, the
applicant shall include in any application to the Secretary pursuant to
this section appropriate information regarding the subject biological
product stratified by gender, race, and ethnicity, including
differences in safety and effectiveness.
``(ii) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this section are adequately
reviewed to determine whether such submissions include the information
required under paragraph (D)(i).
``(iii) Upon the approval of an application under this subsection,
the Secretary shall report to the scientific community and make
available to the public, in a timely manner, data regarding such
biological product stratified by gender, race, and ethnicity.''.
(g) GAO Study.--Not later than 2 years after the date of enactment
of this section, the Comptroller General of the United States shall
study the drug approval processes of the Food and Drug Administration
to ensure that the Food and Drug Administration is complying with the
amendments made by this section.
SEC. 4. GENDER-BASED REPORTING AND ANALYSIS OF PATIENT SAFETY DATA.
(a) Data Standards.--Section 923(b) of the Public Health Service
Act (as amended by the Patient Safety and Quality Improvement Act of
2005 (Public Law 109-41)) is amended by adding at the end the
following: ``The Secretary shall provide that all nonidentifiable
patient safety work product reported to and among the network of
patient safety databases be stratified by gender.''.
(b) Use of Information.--Section 923(c) of the Public Health
Service Act (as amended by the Patient Safety and Quality Improvement
Act of 2005 (Public law 109-41)) is amended by adding at the end the
following: ``Such analyses take into account data that specifically
relates to women and any disparities between treatment and the quality
of care between males and females.''.
SEC. 5. REPORTING OF HOSPITAL QUALITY DATA BY GENDER.
Section 1886(b)(3)(B)(iv)(II) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)(vii)(II)), as amended by section 501 of the Medicare
Prescription Drug, Improvement, and modernization Act of 2003 (Public
law 108-173), is amended by adding at the end the following: ``The
Secretary shall make such data available to the public, in a form and
manner that stratifies the data by gender.''.
SEC. 6. QUALITY OF CARE REPORTS BY THE AGENCY FOR HEALTHCARE RESEARCH
AND QUALITY.
Section 903 of the Public Health Service Act (42 U.S.C. 299a-1) is
amended--
(1) in subsection (b)(1)(B), by inserting before the
semicolon the following: ``, including quality of and access to
care for women with heart disease, stroke, and other
cardiovascular disease''; and
(2) in subsection (c), by adding at the end the following:
``(4) Annual report on women and heart disease.--Not later
than September 30, 2006, and annually thereafter, the
Secretary, acting through the Director, shall prepare and
submit to Congress a report concerning the findings related to
the quality of and access to care for women with heart disease,
stroke, and other cardiovascular diseases. The report shall
contain recommendations for eliminating disparities in, and
improving the treatment of, heart disease, stroke, and other
cardiovascular diseases in women.''.
SEC. 7. ANALYSIS OF DATA BY QUALITY IMPROVEMENT ORGANIZATIONS.
Section 1154(a) of the Social Security Act (42 U.S.C. 1320c-3(a))
is amended by adding at the end the following:
``(18) The organization shall execute its responsibilities
under subparagraphs (A) and (B) of paragraph (1) by offering to
providers, practitioners, Medicare Advantage organizations
under part C, and prescription drug sponsors offering
prescription drug plans under part D quality improvement
assistance aimed at eliminating gender disparities in the
quality of care for women, particularly minority women, who
suffer from heart disease, stroke, and other cardiovascular
diseases. For purposes of this part and title XVIII, the
functions described in this paragraph shall be treated as a
review function.''.
SEC. 8. REPORTS BY ACCREDITING ORGANIZATIONS.
The Social Security Act is amended by inserting after section 1808
(42 U.S.C. 1395b-9) the following:
``SEC. 1809. STRATIFICATION OF DATA BY GENDER IN APPLYING CONDITIONS OF
PARTICIPATION AND CONDITIONS OF COVERAGE.
`` The Secretary shall ensure that data are stratified by gender
when collected and used in surveys evaluating whether providers meet
the applicable conditions of participation or conditions of coverage
under parts A, B, C and D of this title. When determined feasible by
the Secretary, such data shall be stratified by gender when reported to
the public or otherwise made available to the public.''.
SEC. 9. EDUCATIONAL CAMPAIGNS.
(a) Distribution of Educational Material Through the Center for
Beneficiary Choices.--The Secretary of Health and Human Services,
acting through the Center for Beneficiary Choices of the Centers for
Medicare & Medicaid Services, shall develop and distribute to female
medicare beneficiaries, physicians, and other appropriate healthcare
professionals educational materials relating to the prevention,
diagnosis, and treatment of heart disease, stroke, and cardiovascular
diseases in women. The Center for Beneficiary Choices may carry out
this subsection through contracts with public and private nonprofit
entities.
(b) Healthcare Professional Educational Campaign.--The Secretary of
Health and Human Services, acting through the Bureau of Health
Professions of the Health Resources and Services Administration, shall
conduct an education and awareness campaign for physicians and other
healthcare professionals relating to the prevention, diagnosis, and
treatment of heart disease, stroke, and other cardiovascular diseases
in women. The Bureau of Health Professions may carry out this
subsection through contracts with public and private nonprofit
entities.
SEC. 10. EXTENSION OF WISEWOMAN.
There are authorized to be appropriated such sums as may be
necessary for each fiscal year to enable the Director of the Centers
for Disease Control and Prevention to implement Well-Integrated
Screening and Evaluation for Women Across the Nation (WISEWOMAN)
program projects in all State and territories, which may include
projects among Indian tribes. | Heart Disease Education, Analysis, and Research, and Treatment for Women Act or the HEART for Women Act - Amends the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to require an application for approval or for investigation of a drug, device, or biological product to include information stratified by gender, race, and ethnicity, including any differences in safety and effectiveness. Requires the Secretary of Health and Human Services to: (1) withhold approval of such an application or place a clinical hold on an investigation if such information is not included; and (2) report to the scientific community and make information available to the public on such stratified data upon approval of an application.
Requires the Comptroller General to study the drug approval process to ensure compliance with this Act.
Requires the Secretary to require that all nonidentifiable patient safety work product reported to a patient safety database be stratified by gender.
Amends title XVIII (Medicare) the Social Security Act (SSA) to require the Secretary to make hospital quality data relating to the quality of care in inpatient settings available to the public stratified by gender.
Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to report to Congress concerning the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases.
Requires utilization and quality control peer review organizations to offer quality improvement assistance aimed at eliminating gender disparities.
Amends title IX (employment security provisions) of SSA to require that data be stratified by gender when collected and used in surveys evaluating whether Medicare providers meet applicable conditions of participation or coverage.
Provides for an educational campaign relating to heart disease, stroke, and cardiovascular diseases in women. | To amend the Public Health Service Act to improve the prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women. |
SECTION 1. SHORT TITLE.
This Act may be cited as the Howard M. Metzenbaum ``Menu Education
and Labeling Act'' or the ``MEAL Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) research continues to reveal that--
(A) there is a strong link between diet and health;
and
(B) diet-related diseases start early in life;
(2)(A) increased caloric intake is a key factor
contributing to the alarming increase in obesity in the United
States;
(B) according to the Centers for Disease Control and
Prevention, \2/3\ of American adults are overweight or obese,
and the rates of obesity have doubled in children and tripled
in teens since 1980;
(C) obesity increases the risk of diabetes, heart disease,
stroke, several types of cancer, and other health problems; and
(D) the annual cost of obesity to families, businesses, and
governments in the United States is $117,000,000,000;
(3) over the past 2 decades, there has been a significant
increase in the number of meals prepared or eaten outside the
home, with an estimated \1/3\ of calories and almost half of
total food dollars being spent on food purchased from or eaten
at restaurants and other food-service establishments;
(4)(A) excess saturated fat intake is a major risk factor
for heart disease, which is the leading cause of death in the
United States; and
(B) heart disease is a leading cause of disability among
working adults and its impact on the United States economy is
significant, estimated in 2005 to total $142,000,000,000 in
healthcare expenditures and lost productivity;
(5)(A) increased sodium intake is associated with increased
risk of high blood pressure, or hypertension, a condition that
can lead to cardiovascular disease, especially stroke; and
(B) the proportion of adults with high blood pressure is 45
percent at age 50, 60 percent at age 60, and more than 70
percent at age 70;
(6) the Nutrition Labeling and Education Act of 1990
(Public Law 101-535) requires food manufacturers to provide
nutrition information on almost all packaged foods, however,
restaurant foods are exempt from those requirements unless a
nutrient content or health claim is made for a menu item;
(7) about 75 percent of adults report using food labels on
packaged foods, which is associated with eating more healthful
diets, and approximately half of people report that the
nutrition information on food labels has caused them to change
their minds about buying a food product;
(8) it is difficult for consumers to limit their intake of
calories at restaurants, given the limited availability of
nutrition information;
(9) studies show that consumers would like nutrition
information to be provided at the time of ordering their food
at a restaurant, at the point of the sale, so as to enable them
to make an educated decision regarding what to order; and
(10) a call to action from the Surgeon General and
Secretary of Health and Human Services recommends that, to
reduce the incidence of obesity, there be increased
availability of nutrition information for foods eaten and
prepared away from home.
SEC. 3. NUTRITION LABELING OF STANDARD MENU ITEMS AT CHAIN RESTAURANTS.
Section 403(q)(5) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(q)(5)) is amended--
(1) in clause (A)--
(A) in subclause (i), by inserting ``except as
provided in clauses (H) and (I),'' before ``which'' the
first place it appears; and
(B) in subclause (ii), by inserting ``except as
provided in clauses (H) and (I),'' before ``which'' the
first place it appears; and
(2) by adding at the end the following:
``(H) Restaurants and Retail Food Establishments.--
``(i) In general.--Except for food described in subclause
(iii), in the case of food that is served, processed, or
prepared in a restaurant or similar retail food establishment
that is part of a chain with 20 or more locations doing
business under the same trade name (regardless of the type of
ownership of the locations), the restaurant or establishment
shall disclose the information described in subclause (ii).
``(ii) Information required to be disclosed.--Except as
provided in subclause (iii), the establishment shall disclose--
``(I)(aa) in a statement adjacent to the name of
the food on any menu listing the food for sale, or by
any other means deemed equivalent by the Secretary, the
number of calories, grams of saturated fat plus trans
fat, and milligrams of sodium contained in a standard
serving of the food, as usually offered for sale, in a
clear and conspicuous manner; and
``(bb) information, specified by the Secretary by
regulation, designed to enable the public to
understand, in the context of a total daily diet, the
significance of the nutrition information that is
provided; and
``(II) in a statement adjacent to the name of the
food on any menu board or other sign listing the food
for sale, or by any other means deemed equivalent by
the Secretary--
``(aa) the number of calories contained in
a serving of the food, as usually offered for
sale, in a clear and conspicuous manner; and
``(bb) notification that the information
required by subitems (aa) and (bb) of item (I)
shall be provided in writing at the request of
a prospective purchaser.
``(iii) Nonapplicability to certain food.--This clause does
not apply to--
``(I) items that are not listed on a menu or menu
board (such as condiments and other items placed on the
table or counter for general use); or
``(II) daily specials, temporary menu items, or
other irregular menu items, as specified by the
Secretary by regulation.
``(iv) Self-service facilities.--In the case of food sold
at a salad bar, buffet line, cafeteria line, or similar self-
service facility, a restaurant or other establishment shall
place a sign that lists calories per standard serving adjacent
to each food offered.
``(v) Voluntary provision of nutrition information; state
regulation of nutrition information for restaurant food.--
``(I) Retail food establishments.--Nothing in this
clause precludes a restaurant or similar retail food
establishment from providing additional nutrition
information, voluntarily, if the information complies
with the nutrition labeling requirements contained in
this subparagraph.
``(II) State or local requirements.--Nothing in
this clause precludes a State or political subdivision
of a State from requiring that a restaurant or similar
food establishment provide nutrition information in
addition to that required under this clause.
``(vi) Regulations.--
``(I) Proposed regulation.--Not later than 1 year
after the date of enactment of this clause, the
Secretary shall promulgate proposed regulations to
carry out this clause.
``(II) Contents.--The regulations shall allow for
the variations in serving sizes and in food preparation
that can reasonably be expected to result from
inadvertent human error, training of food service
workers, and other factors.
``(III) Final regulations.--Not later than 2 years
after the date of enactment of this clause, the
Secretary shall promulgate final regulations to
implement this clause.
``(IV) Failure to promulgate final regulations by
required date.--If the Secretary does not promulgate
final regulations under item (III) by the date that is
2 years after the date of enactment of this clause--
``(aa) the proposed regulations issued in
accordance with item (I) shall become effective
as the final regulations on the day after that
date; and
``(bb) the Secretary shall publish in the
Federal Register notice of the final
regulations.
``(I) Vending Machines.--
``(i) In general.--In the case of an article of food sold
from a vending machine that--
``(I) does not permit a prospective purchaser to
examine the article so as to be able to read a
statement affixed to the article before purchasing the
article; and
``(II) is operated by a person that is engaged in
the business of owning and operating 20 or more vending
machines;
the vending machine operator shall provide a conspicuous sign
in close proximity to the article that includes a statement
disclosing the number of calories contained in the article.
``(ii) Voluntary provision of nutrition information; state
regulation of nutrition information for vending machines.--
``(I) Vending machine operators.--Nothing in this
clause precludes a vending machine operator from
providing additional nutrition information,
voluntarily, if the information complies with the
nutrition labeling requirements contained in this
subparagraph.
``(II) State or local requirements.--Nothing in
this title precludes a State or political subdivision
of a State from requiring that a vending machine
operator provide nutrition information in addition to
that required under this clause.
``(iii) Regulations.--
``(I) Proposed regulation.--Not later than 1 year
after the date of enactment of this clause, the
Secretary shall promulgate proposed regulations to
carry out this clause.
``(II) Final regulations.--Not later than 2 years
after the date of enactment of this clause, the
Secretary shall promulgate final regulations to
implement this clause.
``(III) Failure to promulgate final regulations by
required date.--If the Secretary does not promulgate
final regulations under item (II) by the date that is 2
years after the date of enactment of this clause--
``(aa) the proposed regulations issued in
accordance with item (I) shall become effective
as the final regulations on the day after that
date; and
``(bb) the Secretary shall publish in the
Federal Register notice of the final
regulations.''. | Howard M. Metzenbaum Menu Education and Labeling Act or the MEAL Act - Amends the Federal Food, Drug and Cosmetic Act to require restaurants that are a part of a chain with 20 or more locations doing business under the same trade name to disclose: (1) in a statement adjacent to each menu item, the number of calories, grams of saturated fat plus trans fat, and milligrams of sodium in a standard food serving; (2) other information designed to enable the public to understand the significance of the nutrition information provided in the context of a total daily diet; (3) that such information shall be provided in writing upon request; and (4) in a statement adjacent to the name of the food on a menu board, the number of calories in a serving of the food. Exempts condiments, items placed on a table or counter for general use, daily specials, temporary menu items, and irregular menu items from these requirements.
Requires restaurants that sell self-serve food, such as through salad bars or buffet lines, to place a sign that lists the number of calories per standard serving adjacent to each food offered.
Permits retail food establishments to voluntarily provide, and states to require, additional nutritional information.
Requires vending machine operators to provide a conspicuous sign disclosing the number of calories in each item of food offered. | A bill to amend the Federal Food, Drug, and Cosmetic Act to extend the food labeling requirements of the Nutrition Labeling and Education Act of 1990 to enable customers to make informed choices about the nutritional content of standard menu items in large chain restaurants. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``10,000 Trained by 2011 Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the National Science Foundation has long been a
government leader in strengthening our Nation's information
infrastructure;
(2) as automation and digitization penetrate additional
industries, they will need to draw heavily on the expertise of
researchers funded by the National Science Foundation for the
collection, processing, and utilization of information;
(3) the National Science Foundation's basic research,
demonstrations, and curriculum development assistance are all
required to help make sure industry has the knowledge,
procedures, and workforce necessary to take full advantage of
advanced communications and information technology;
(4) information management is growing in importance with
projected growth of 49 percent by 2010 in some major sectors
related to biology; and
(5) no systematic plan exists for designing and
implementing systems and information tools and for ensuring
that major segments of the United States workforce can make the
transition to the information age.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Information.--The term ``information'' means
information in those segments of the United States economy
where the Federal Government plays a significant role and where
a transition is underway to the use of digital data.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning give that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
SEC. 4. NATIONAL SCIENCE FOUNDATION RESEARCH.
(a) Grants.--
(1) In general.--The Director, in consultation with the
heads of other Federal agencies as appropriate, shall award
grants for basic research on innovative approaches to improve
information systems. Research areas may include--
(A) information studies;
(B) population informatics;
(C) translational informatics; and
(D) data security, integrity, and confidentiality.
(2) Merit review; competition.--Grants shall be awarded
under this section on a merit-reviewed, competitive basis.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $3,500,000 for fiscal year 2008;
(B) $3,600,000 for fiscal year 2009;
(C) $3,700,000 for fiscal year 2010; and
(D) $3,800,000 for fiscal year 2011.
(b) Informatics Research Centers.--
(1) In general.--The Director, in consultation with the
heads of other Federal agencies as appropriate, shall award
multiyear grants, subject to the availability of
appropriations, to institutions of higher education (or
consortia thereof) to establish multidisciplinary Centers for
Informatics Research. Institutions of higher education (or
consortia thereof) receiving such grants may partner with one
or more government laboratories, for-profit institutions, or
nonprofit institutions.
(2) Merit review; competition.--Grants shall be awarded
under this subsection on a merit-reviewed, competitive basis.
(3) Purpose.--The purpose of the Centers shall be to
generate innovative approaches in information by conducting
cutting-edge, multidisciplinary research, including in the
research areas described in subsection (a)(1).
(4) Applications.--An institution of higher education (or a
consortium thereof) seeking funding under this subsection shall
submit an application to the Director at such time, in such
manner, and containing such information as the Director may
require. The application shall include, at a minimum, a
description of--
(A) the research projects that will be undertaken
by the Center and the contributions of each of the
participating entities;
(B) how the Center will promote active
collaboration among professionals from different
disciplines, such as information technology
specialists, scientists and other professionals in
fields transitioning to dependence on digital
information, administrators, and social science
researchers; and
(C) how the Center will contribute to increasing
the number of information researchers and other
professionals.
(5) Criteria.--In evaluating the applications submitted
under paragraph (4), the Director shall consider, at a
minimum--
(A) the ability of the applicant to generate
innovative approaches to information and effectively
carry out the research program;
(B) the experience of the applicant in conducting
research in the information field, and the capacity of
the applicant to foster new multidisciplinary
collaborations;
(C) the capacity of the applicant to attract and
provide adequate support for undergraduate and graduate
students to pursue information research; and
(D) the extent to which the applicant will partner
with government laboratories or for-profit or nonprofit
entities, and the role the government laboratories or
for-profit or nonprofit entities will play in the
research undertaken by the Center.
(6) Annual meeting.--The Director shall convene an annual
meeting of the Centers in order to foster collaboration and
communication between Center participants.
(7) Authorization of appropriations.--There are authorized
to be appropriated for the National Science Foundation to carry
out this subsection--
(A) $4,500,000 for fiscal year 2008;
(B) $4,600,000 for fiscal year 2009;
(C) $4,700,000 for fiscal year 2010; and
(D) $4,800,000 for fiscal year 2011.
SEC. 5. NATIONAL SCIENCE FOUNDATION INFORMATION PROGRAMS.
(a) Capacity Building Grants.--
(1) In general.--The Director, in consultation with the
heads of other Federal agencies as appropriate, shall establish
a program to award grants to institutions of higher education
(or consortia thereof) to establish or improve undergraduate
and master's degree information programs, to increase the
number of students who pursue undergraduate or master's degrees
in information fields, to provide students with experience in
government or industry related to their information studies,
and, to the extent practicable, to do so using distance
learning.
(2) Merit review; competition.--Grants shall be awarded
under this subsection on a merit-reviewed, competitive basis.
(3) Use of funds.--Grants awarded under this subsection
shall be used for activities that enhance the ability of an
institution of higher education (or consortium thereof) to
provide high-quality information education, including
certification and undergraduate and master's degree programs,
and to recruit and retain increased numbers of students to such
programs. Activities may include--
(A) developing and revising curriculum to better
prepare undergraduate and master's degree students for
careers in the information field;
(B) establishing degree and certificate programs in
the information field;
(C) creating opportunities in information research
for undergraduate students;
(D) acquiring equipment necessary for student
instruction in these programs, including the
installation of testbed networks for student use;
(E) providing opportunities for faculty to work
with State, local, or Federal Government agencies,
private industry, and other academic institutions to
develop new expertise or to formulate new information
research directions;
(F) collaborating with other academic institutions
or departments that seek to establish, expand, or
enhance these programs;
(G) establishing student internships for students
in these programs at State, local, and Federal
Government agencies, in private industry, and in
nonprofit institutions;
(H) establishing or enhancing bridge programs in
information fields between community colleges and
universities; and
(I) any other activities the Director, in
consultation with the heads of other Federal agencies
as appropriate, determines will achieve the purposes
described in paragraph (1).
(4) Selection process.--
(A) Application.--An institution of higher
education (or a consortium thereof) seeking funding
under this subsection shall submit an application to
the Director at such time, in such manner, and with
such contents as the Director may require. The
application shall include, at a minimum--
(i) a description of the applicant's
relevant research and instructional capacity,
and in the case of an application from a
consortium of institutions of higher education,
a description of the role that each member will
play in implementing the proposal;
(ii) a comprehensive plan by which the
institution or consortium will build
instructional capacity in information fields;
(iii) a description of relevant
collaborations with State, local, or Federal
Government agencies or private industry that
inform the instructional program;
(iv) a survey of the applicant's historic
student enrollment and placement data and a
study of potential enrollment and placement for
students enrolled in the proposed program; and
(v) a plan to evaluate the success of the
proposed program, including postgraduate
assessment of graduate school and job placement
and retention rates as well as the relevance of
the instructional program to graduate study and
to the workplace.
(B) Awards.--The Director shall ensure, to the
extent practicable, that grants are awarded under this
subsection in a wide range of geographic areas and
categories of institutions of higher education.
(5) Assessment required.--The Director, in consultation
with the heads of other Federal agencies as appropriate, shall
evaluate the program established under this subsection no later
than 3 years after the establishment of the program. At a
minimum, the Director shall evaluate the extent to which the
grants have achieved their objectives of increasing the quality
and quantity of students pursuing undergraduate or master's
degrees in information fields. The Director shall make this
assessment publicly available.
(6) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $9,000,000 for fiscal year 2008;
(B) $9,200,000 for fiscal year 2009;
(C) $9,400,000 for fiscal year 2010; and
(D) $9,600,000 for fiscal year 2011.
(b) Scientific and Advanced Technology Act of 1992.--
(1) Grants.--The Director shall provide grants under the
Scientific and Advanced Technology Act of 1992 for the purposes
of section 3(a) and (b) of that Act, except that the activities
supported pursuant to this subsection shall be limited to
improving education in fields related to information.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $7,000,000 for fiscal year 2008;
(B) $7,200,000 for fiscal year 2009;
(C) $7,400,000 for fiscal year 2010; and
(D) $7,600,000 for fiscal year 2011.
SEC. 6. REPORT ON STANDARDIZATION OF MEASURES RELATED TO DIGITAL
INFORMATION.
Not later than 120 days after the date of enactment of this Act,
the Director of the National Institute of Standards and Technology
shall report to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on its efforts related to informatics,
including standards harmonization, research, and technical support that
relates to the work of standards development organizations who are
developing and maintaining informatics standards, and its efforts in
support of executive orders related to digitization and informatics.
The report shall also include timetables for the promulgation of
information standards, a description of the major challenges in
reaching the point at which these standards can be promulgated, efforts
that should be taken to ensure that the digital information is usable
by scientists and researchers, and, consistent with Public Law 104-113,
a description of those actions that the National Institute of Standards
and Technology could take to ensure that these standards are both
robust and timely. | 10,000 Trained by 2011 Act - Requires the National Science Foundation (NSF) to award competitive grants for basic research on innovative approaches to improve information systems, as well as for scientific and engineering activities to improve education in information fields.
Requires the award of NSF grants also to institutions of higher education to: (1) establish multidisciplinary Centers for Informatics Research for conducting cutting-edge, multidisciplinary research to generate innovative approaches in information; and (2) establish or improve undergraduate and master's degree information programs, attract students to such programs, and provide them with experience in government or industry related to their studies. | To authorize the National Science Foundation to award grants to institutions of higher education to develop and offer education and training programs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Young Victims from Sexual
Abuse Act of 2017''.
SEC. 2. REQUIRED REPORTING OF CHILD AND SEXUAL ABUSE AT FACILITIES
UNDER THE JURISDICTION OF AMATEUR SPORTS ORGANIZATIONS
RECOGNIZED BY THE UNITED STATES OLYMPIC COMMITTEE.
(a) Reporting Requirement.--Section 226 of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13031) is amended--
(1) in subsection (a)--
(A) by striking ``A person who'' and inserting the
following:
``(1) Covered professionals.--A person who''; and
(B) by adding at the end the following:
``(2) Covered individuals.--A covered individual who learns
of facts that give reason to suspect that a child has suffered
an incident of child abuse shall as soon as possible make a
report of the suspected abuse to the agency designated by the
Attorney General under subsection (d).'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``subsection (a)'' and inserting ``subsection
(a)(1)'';
(3) in subsection (c)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(9) the term `covered individual' means an adult who is
authorized by a national governing body or a member of a
national governing body to interact with a minor or amateur
athlete at an amateur sports organization facility or at any
event sanctioned by a national governing body or a member of a
national governing body;
``(10) the term `event' includes travel, practice,
competition, and health or medical treatment; and
``(11) the terms `amateur athlete', `amateur sports
organization', and `national governing body' have the meanings
given such terms in section 220501(b) of title 36, United
States Code.'';
(4) in subsection (d), in the first sentence, by inserting
``and for all covered facilities'' after ``reside'';
(5) in subsection (f), in the first sentence--
(A) by striking ``and on all'' and inserting ``on
all''; and
(B) by inserting ``and for all covered
facilities,'' after ``lands,'';
(6) in subsection (h), by inserting ``and all covered
individuals,'' after ``facilities,''; and
(7) by adding at the end the following:
``(i) Rule of Construction.--Nothing in this section shall be
construed to require a victim of child abuse to self-report the
abuse.''.
(b) Penalty for Failure to Report.--Section 2258 of title 18,
United States Code, is amended by inserting after ``facility,'' the
following: ``or a covered individual (as described in subsection (a)(2)
of such section 226) who''.
SEC. 3. CIVIL REMEDY FOR PERSONAL INJURIES.
Section 2255 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Any person who, while a minor, was a victim of a
violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251,
2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who
suffers personal injury as a result of such violation, regardless of
whether the injury occurred while such person was a minor, may sue in
any appropriate United States District Court and shall recover the
actual damages such person sustains or liquidated damages in the amount
of $150,000, and the cost of the action, including reasonable
attorney's fees and other litigation costs reasonably incurred. The
court may also award punitive damages and such other preliminary and
equitable relief as the court determines to be appropriate.'';
(2) in subsection (b), by striking ``filed within'' and all
that follows through the end and inserting the following:
``filed--
``(1) not later than 10 years after the date on which the
plaintiff reasonably discovers the later of--
``(A) the violation that forms the basis for the
claim; or
``(B) the injury that forms the basis for the
claim; or
``(2) not later than 10 years after the date on which a
legal disability ends.''; and
(3) by adding at the end the following:
``(c) Venue; Service of Process.--
``(1) Venue.--Any action brought under subsection (a) may
be brought in the district court of the United States that
meets applicable requirements relating to venue under section
1391 of title 28.
``(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
``(A) is an inhabitant; or
``(B) may be found.''.
SEC. 4. EXPANSION OF AUTHORITIES AND DUTIES OF AMATEUR SPORTS
ORGANIZATIONS RECOGNIZED BY THE UNITED STATES OLYMPIC
COMMITTEE TO PREVENT THE ABUSE OF MINOR AND AMATEUR
ATHLETES.
(a) Expansion of Authorities.--Section 220523(a) of title 36,
United States Code, is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(8) develop training, oversight practices, policies, and
procedures to prevent the abuse, including physical abuse and
sexual abuse, of any minor or amateur athlete by any adult.''.
(b) Additional Duties.--Section 220524 of such title is amended--
(1) by inserting ``(a) In General.--'' before ``For the
sport'';
(2) in paragraph (8), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (9), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(10) develop and enforce policies, mechanisms, and
procedures to prevent the abuse, including physical abuse and
sexual abuse, of any minor or amateur athlete, including--
``(A) requiring all adults authorized by a national
governing body or a member of a national governing body
to interact with a minor or amateur athlete at an
amateur sports organization facility or at any event
sanctioned by a national governing body or a member of
a national governing body, to report facts that give
reason to suspect child abuse, including sexual abuse,
as required by relevant Federal or State law, to law
enforcement authorities and other appropriate
authorities, including an entity designated by the
corporation to investigate and resolve such
allegations;
``(B) establishing a mechanism, approved by a
trained expert on child abuse, that allows an
individual to easily report an incident of child abuse
as described in subparagraph (A) to the national
governing body or another authority, including an
entity designated by the corporation;
``(C) reasonable procedures designed to avoid one-
on-one interactions between an amateur athlete who is a
minor and an adult (who is not the minor's legal
guardian) at an amateur sports organization facility,
at any event sanctioned by a national governing body,
or any event sanctioned by a member of a national
governing body, without being observable or
interruptible by another adult, except where the safety
and welfare of the minor requires;
``(D) oversight procedures, including regular and
random audits, not to exceed once a year, conducted by
subject matter experts unaffiliated with the national
governing body, of all members and adults described in
subparagraph (A) to ensure that policies and procedures
developed under this paragraph are followed correctly
and that consistent training is offered and given to
all members regarding prevention of sexual abuse; and
``(E) requiring dedicated information and
resources, which may include sexual assault hotlines
and victims' support resources, to be clearly listed on
the national governing body's official website; and
``(11) in the case of a national governing body with
jurisdiction over more than one amateur sports organization
facility or event, establish a mechanism by which--
``(A) the national governing body can--
``(i) receive a report of suspected sexual
misconduct by an adult authorized by a national
governing body or a member of a national
governing body to interact with a minor or
amateur athlete at an amateur sports
organization facility or at any event
sanctioned by a national governing body or a
member of a national governing body; and
``(ii) confidentially share a report
received under clause (i) with each of the
other amateur sports organizations, facilities,
or members under the jurisdiction of the
national governing body; and
``(B) an amateur sports organization, facility, or
member under the jurisdiction of the national governing
body can--
``(i) review the reports received by the
national governing body under subparagraph
(A)(i) to assess any allegations of sexual
misconduct made in such reports; and
``(ii) withhold providing to an adult who
is the subject of an allegation of sexual
misconduct in a report reviewed under clause
(i) authority to interact with a minor or
amateur athlete at such organization, facility,
or event until the resolution of such
allegation.
``(b) Limited Liability for the United States Olympic Committee,
National Governing Bodies, and an Entity Designated by the United
States Olympic Committee to Investigate and Resolve Sexual Misconduct
Allegations.--
``(1) In general.--Except as provided in paragraphs (2), no
civil or criminal action may be brought in any Federal or State
court against the United States Olympic Committee, a national
governing body, or an amateur sports organization, facility, or
event under the jurisdiction of a national governing body, or
an entity designated by the United States Olympic Committee to
investigate and resolve sexual misconduct allegations described
in subsection (a)(11), including any director, officer,
employee, or agent of such entity, if the action arises from
the execution of the responsibilities or functions described in
subsection (a)(11).
``(2) Intentional, reckless, or other misconduct.--
Paragraph (1) shall not apply to a civil or criminal action if
the United States Olympic Committee, a national governing body,
an amateur sports organization, facility, or event under the
jurisdiction of a national governing body, or an entity
designated by the United States Olympic Committee to
investigate and resolve sexual misconduct allegations described
in subsection (a)(11), or a director, officer, employee, or
agent of such entity acted or failed to act--
``(A) with reckless disregard for a risk of causing
injury; or
``(B) for a purpose unrelated to the performance of
any responsibility or function described in subsection
(a)(11).
``(3) Limited effect.--Nothing in this section shall apply
to any act or omission arising out of any responsibility or
function not described in subsection (a)(11).''.
(c) Rule of Construction.--Section 220522 of such title is amended
by adding at the end the following:
``(c) Rule of Construction.--Nothing in subsection (a) shall be
construed to limit the ability of a national governing body to develop
a policy or procedure to prevent an individual who is the subject of an
allegation of sexual misconduct from interacting with a minor or
amateur athlete until such time as the national governing body, or an
entity with applicable jurisdiction resolves such allegation.''.
(d) Review of Recognition of Amateur Sports Organizations as
National Governing Bodies.--Section 220521(d) of title 36, United
States Code, is
amended by striking ``may'' each place it appears and inserting
``shall''.
Passed the House of Representatives May 25, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Protecting Young Victims from Sexual Abuse Act of 2017 (Sec. 2) This bill amends the Victims of Child Abuse Act of 1990 to extend the duty to report suspected child abuse to adults who are authorized to interact with minor or amateur athletes at an amateur sports organization facility or at an event sanctioned by a national governing body (NGB) or member of an NGB. An NGB is an amateur sports organization that is recognized by the International Olympic Committee. An authorized adult who fails to report suspected child abuse is subject to criminal penalties. (Sec. 3) The bill amends the federal criminal code to revise civil remedy provisions for a victim of a human trafficking offense or federal sex offense. Among other things, it changes the civil statute of limitations to 10 years from the date the victim reasonably discovers the violation or injury (currently, 10 years from the date the cause of action arose). The bill also extends the statute of limitations for a minor victim of a federal sex offense to file a civil action to 10 years (currently, 3 years) from the date such individual reaches age 18. (Sec. 4) Finally, the bill amends the Amateur Sports Act of 1978: to expand the authorities and duties of NGBs to prevent, report, and respond to the abuse of minor or amateur athletes; to limit the civil and criminal liability of the U.S. Olympic Committee, an NGB, or an amateur sport organization in certain circumstances; to prohibit construing certain provisions to limit the ability of an NGB to prevent interactions between an alleged abuser and an amateur athlete; and to require (currently, authorize) the U.S. Olympic Committee to review an NGB's certification. | Protecting Young Victims from Sexual Abuse Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Government Interstate Waste
Control Act''.
SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following new
section:
``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE.
``(a) Restriction on Receipt of Out-Of-State Waste.--
``(1) In general.--
``(A) Authorization.--Subject to subsections (b)
and (e), the owner or operator of a facility that is a
landfill or incinerator in a State may not receive for
disposal or incineration any out-of-State municipal
solid waste unless the owner or operator obtains
authorization to receive the waste from the affected
local government.
``(B) Requirements for authorization.--An
authorization granted pursuant to subparagraph (A)
shall be--
``(i) granted by formal action at a
meeting;
``(ii) recorded in writing in the official
record of the meeting; and
``(iii) final.
``(2) Information.--Prior to taking formal action with
respect to granting authorization to receive out-of-State
municipal solid waste pursuant to this subsection, an affected
local government shall require the owner or operator of the
facility seeking the authorization to provide the following
information (which the government shall make readily available
to the Governor of the State, each adjoining local government
and Indian tribe, and any other interested person for
inspection and copying):
``(A) A brief description of the facility,
including the size of, ultimate waste capacity of, and
the anticipated monthly and yearly quantities
(expressed in terms of volume) of waste to be handled
by--
``(i) the facility as in existence on the
date of provision of the information; and
``(ii) the facility, including any planned
expansion.
``(B) A map of the facility site indicating
location in relation to the local road system and
topography and hydrogeological features. The map shall
indicate any buffer zones to be acquired by the owner
or operator as well as all facility units.
``(C) A description of the environmental
characteristics of the site, as in existence on the
date of provision of the information, including
information regarding ground water resources, and a
discussion of alterations in the characteristics of the
site that may be necessitated by, or occur as a result
of, the facility.
``(D) A description of appropriate environmental
controls to be used on the site, including runon or
runoff management (or both), air pollution control
devices, source separation procedures (if any) methane
monitoring and control, landfill covers, liners or
leachate collection systems, and monitoring programs.
In addition, the description shall include a
description of any waste residuals generated by the
facility, including leachate or ash, and the planned
management of the residuals.
``(E) A description of site access controls to be
employed, and roadway improvements to be made, by the
owner or operator, and an estimate of the timing and
extent of increased local truck traffic.
``(F) A list of all required Federal, State, and
local permits.
``(G) Estimates of the personnel requirements of
the facility, including information regarding the
probable skill and education levels required for jobs
at the facility. To the extent practicable, the
information shall distinguish between employment
statistics for skill and education levels required prior to operation
of the facility, and the statistics for the levels required on or after
the first day of operation of the facility.
``(H) Any information that is required by State law
to be provided with respect to any violation of
environmental laws (including regulations) by the
owner, the operator, and any subsidiary of the owner or
operator, the disposition of enforcement proceedings
taken with respect to the violation, and corrective
action and rehabilitation measures taken as a result of
the proceedings.
``(I) Any information that is required by State law
to be provided with respect to gifts and contributions
made by the owner and operator.
``(J) Any information that is required by State law
to be provided by the owner or operator with respect to
compliance by the owner or operator with the State
solid waste management plan in effect pursuant to
section 4007.
``(3) Notification prior to formal action.--Prior to taking
formal action with respect to granting authorization to receive
out-of-State municipal solid waste pursuant to this subsection,
an affected local government shall--
``(A) notify the Governor, adjoining local
governments, and any adjoining Indian tribes, of the
proposed action;
``(B)(i) publish notice of the action in a
newspaper of general circulation at least 30 days
before holding a hearing and again at least 15 days
before holding the hearing; or
``(ii) if State law provides for an alternative
form of public notification, provide such notification
concerning the action; and
``(C) provide an opportunity for public comment on
the action, including at least 1 public hearing, in
accordance with State law.
``(4) Notification of action.--The local government shall
notify the Governor, adjoining local governments, and any
adjoining Indian tribes of an authorization granted under this
subsection.
``(b) Limitations and Applicability.--
``(1) Landfills and incinerators in operation or under
construction.--Subsection (a) shall not apply to an operator of
a facility that is a landfill or incinerator with respect to
the landfill or incinerator if--
``(A)(i) during the 1-year period preceding the
date of enactment of this section, the owner or
operator received at the landfill or incinerator, in
accordance with State law (as in effect during the 1-
year period), documented shipments (within the meaning
of paragraph (2)) of out-of-State municipal solid
waste; or
``(ii) before the date of enactment of this
section, entered into a host agreement or otherwise
obtained legally binding, documented authorization from
the affected local government to accept out-of-State
municipal solid waste; and
``(B)(i) with respect to a landfill, the landfill
is in compliance with all applicable Federal and State
laws (including regulations) relating to design and
location standards, leachate collection, ground water
monitoring, and financial assurance for closure and
post-closure care and corrective action; or
``(ii) with respect to an incinerator, the
incinerator is in compliance with the applicable
requirements of section 129 of the Clean Air Act (42
U.S.C. 7429) and applicable State laws and regulations relating to
facility design.
``(2) Documentation of shipment.--For purposes of paragraph
(1)(A)(i), a shipment of municipal solid waste shall be
considered a documented shipment if the owner or operator of
the landfill or incinerator concerned provides documentation of
the shipment (including the quantity, time, and place of the
shipment) to the Governor of the State in which the landfill or
incinerator is located.
``(c) Authority of Governor To Restrict Out-of-State Municipal
Solid Waste Disposed Of at Landfills.--
``(1) In general.--
``(A) Limitations on exempted landfills.--
``(i) In general.--In response to a written
request by each of an affected local government
and an affected local solid waste planning unit
(if the local solid waste planning unit exists
under State law), a Governor may limit the
quantity of out-of-State municipal solid waste
received for disposal, during a 1-year period,
at a landfill described in clause (ii) to a
quantity equal to the quantity of out-of-State
municipal solid waste received for disposal at
the landfill during the 1-year period preceding
the date of enactment of this section.
``(ii) Landfill.--The landfill referred to
in clause (i) shall be a landfill in the State,
the owner or operator of which is exempt, under
subsection (b), from the requirements of
subsection (a) on the basis of receiving
shipments as describe in subsection
(b)(1)(A)(i).
``(B) Procedureal requirements for request.--Prior
to submitting a request under this subsection to limit
the disposal of out-of-State municipal solid waste, an
affected local government and the affected local solid
waste planning unit, if any, shall--
``(i) provide notice and an opportunity for
public comment concerning the proposed request;
and
``(ii) after providing the notice and
opportunity for public comment, take formal
action concerning the proposed request at a
public meeting.
``(2) Response by governor.--With respect to request made
by affected local governments under paragraph (1)(A), the
Governor shall respond in a consistent manner that does not
discriminate against any--
``(A) particular landfill within the State; or
``(B) shipment of out-of-State municipal solid
waste on the basis of State of origin.
``(3) Limitation on authority of governor.--A Governor may
not exercise the authority granted under this subsection if the
action would be inconsistent with State law or would result in
the violation of or failure to perform any provision of a
written, legally binding contract for disposal of out-of-State
municipal solid waste at a landfill executed prior to the date
of enactment.
``(d) Existing Agreements.--
``(1) In general.--Nothing in this section is intended to
affect an agreement in effect on the date of enactment of this
section or other State law in effect on the date of enactment
of this section (except as expressly provided otherwise in this
section).
``(2) Availability of contracts.--The owner or operator of
a landfill or incinerator that is exempt, under subsection (b),
from the requirements of subsection (a), shall make available
for inspection by the public, in the affected local community,
a copy of each contract that the owner or operator has entered into for
the disposal of out-of-State municipal solid waste at that landfill or
incinerator. The owner or operator may redact any proprietary
information contained in such a copy of a contract, but shall ensure
that at least information relating to the volume of out-of-State
municipal solid waste to be received, the source of the waste, and the
duration of the contract, is apparent in the copy.
``(e) Applicability.--
``(1) In general.--Except as provided in paragraph (2),
this section applies in and to each State.
``(2) Rejection of applicability.--A State may exercise the
option to become exempt from the requirements of this section
if the State--
``(A) notifies the Administrator (in a manner
prescribed by the Administrator) that the State is
exercising the option; and
``(B) in taking any appropriate action to reject
the applicability of this section, makes specific
reference to this section.
``(3) Acknowledgement of exemption.--On receipt of a
notification by a State pursuant to a paragraph (2)(A), the
Administrator shall take such action as is appropriate to
acknowledge the exemption of the State from the requirements of
this section.
``(f) Definitions.--As used in this section:
``(1) Affected local government.--The term `affected local
government', used with respect to a landfill or incinerator,
means the elected officials of the city, town, borough, county,
or parish, with primary jurisdiction over the use of the land
on which the facility is located or proposed to be located.
``(2) Affected local solid waste planning unit.--The term
`affected local solid waste planning unit' means a political
subdivision of a State with authority relating to solid waste
management planning in accordance with State law.
``(3) Host agreement.--The term `host agreement' means a
written, legally binding agreement, lawfully entered into
between an owner or operator of a landfill or incinerator and
an affected local government that authorizes the landfill or
incinerator to receive municipal solid waste generated outside
the jurisdiction of the affected local government.
``(4) Municipal solid waste.--
``(A) In general.--The term `municipal solid waste'
means solid waste that is refuse (or refuse-derived
fuel) generated by the general public or from
residential, commercial institutional, or industrial
sources and that consists of paper, wood, yard wastes,
food wastes, plastics, leather, rubber, or other
combustible materials or noncombustible materials such
as metal, glass, and rock.
``(B) Exclusions.--The term does not include--
``(i) hazardous waste or waste containing
polychlorinated biphenyls;
``(ii) industrial waste;
``(iii) medical waste;
``(iv) recyclable materials that have been
separated from waste otherwise destined for
disposal (either at the source of the waste or
at processing facilities) or that have been
managed separately from waste destined for
disposal; and
``(v) materials and products returned from
a dispenser or distributor to the manufacturer
or an agent of the manufacturer for credit,
evaluation, and possible reuse.
``(5) Out-of-state municipal solid waste.--The term `out-
of-State municipal solid waste', used with respect to a State,
means municipal solid waste generated outside of the State.
``(6) Owner or operator.--The term `owner or operator',
used with respect to a landfill or incinerator, does not
include--
``(A) a State or affected local government that
owns or operates the landfill or incinerator, if the
facility is located within the jurisdiction of the
State or the affected local government; or
``(B) a person who owns or operates a facility, if
the facility receives only waste generated by the
person.''.
(b) Table of Contents Amendment.--The table of contents of the
Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at
the end of the items relating to subtitle D the following new item:
``Sec. 4011. Interstate transportation and disposal of municipal solid
waste.''. | Local Government Interstate Waste Control Act - Amends the Solid Waste Disposal Act to prohibit, with exceptions, receipt by owners or operators of landfills or incinerators in a State of out-of-State municipal solid waste without authorization from the affected local government. Sets forth requirements for provision of facility information to the local government by the owner or operator.
Exempts from this Act's prohibition operators of landfills or incinerators if: (1) the facility received documented shipments of such waste during the year preceding enactment of this Act in accordance with State law or, before enactment, entered into a host agreement or other legally binding, documented (and publicly available) authorization to receive such waste; (2) in the case of a landfill, the facility is in compliance with Federal and State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; and (3) in the case of an incinerator, the facility is in compliance with Clean Air Act performance standards and State laws relating to facility design. Provides procedures to permit State Governors, if requested by an affected local government, to limit for a one-year period the quantity of out-of-State waste received at excepted landfills to the quantity received during the year preceding enactment of this Act.
Allows a State to exercise an option to exempt itself from the requirements of this Act. | Local Government Interstate Waste Control Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Custody Protection Act''.
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
RELATING TO ABORTION.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 117 the following:
``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN
LAWS RELATING TO ABORTION
``Sec.
``2431. Transportation of minors in circumvention of certain laws
relating to abortion.
``Sec. 2431. Transportation of minors in circumvention of certain laws
relating to abortion
``(a) Offense.--
``(1) Generally.--Except as provided in subsection (b),
whoever knowingly transports an individual who has not attained
the age of 18 years across a State line, with the intent that
such individual obtain an abortion, and thereby in fact
abridges the right of a parent under a law requiring parental
involvement in a minor's abortion decision, in force in the
State where the individual resides, shall be fined under this
title or imprisoned not more than one year, or both.
``(2) Definition.--For the purposes of this subsection, an
abridgement of the right of a parent occurs if an abortion is
performed on the individual, in a State other than the State
where the individual resides, without the parental consent or
notification, or the judicial authorization, that would have
been required by that law had the abortion been performed in
the State where the individual resides.
``(b) Exceptions.--(1) The prohibition of subsection (a) does not
apply if the abortion was necessary to save the life of the minor
because her life was endangered by a physical disorder, physical
injury, or physical illness, including a life endangering physical
condition caused by or arising from the pregnancy itself.
``(2) An individual transported in violation of this section, and
any parent of that individual, may not be prosecuted or sued for a
violation of this section, a conspiracy to violate this section, or an
offense under section 2 or 3 based on a violation of this section.
``(c) Affirmative Defense.--It is an affirmative defense to a
prosecution for an offense, or to a civil action, based on a violation
of this section that the defendant reasonably believed, based on
information the defendant obtained directly from a parent of the
individual or other compelling facts, that before the individual
obtained the abortion, the parental consent or notification, or
judicial authorization took place that would have been required by the
law requiring parental involvement in a minor's abortion decision, had
the abortion been performed in the State where the individual resides.
``(d) Civil Action.--Any parent who suffers legal harm from a
violation of subsection (a) may obtain appropriate relief in a civil
action.
``(e) Definitions.--For the purposes of this section--
``(1) a law requiring parental involvement in a minor's
abortion decision is a law--
``(A) requiring, before an abortion is performed on
a minor, either--
``(i) the notification to, or consent of, a
parent of that minor; or
``(ii) proceedings in a State court; and
``(B) that does not provide as an alternative to
the requirements described in subparagraph (A)
notification to or consent of any person or entity who
is not described in that subparagraph;
``(2) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) a person standing in loco parentis who has
care and control of the minor, and with whom the minor
regularly resides,
who is designated by the law requiring parental involvement in
the minor's abortion decision as a person to whom notification,
or from whom consent, is required;
``(3) the term `minor' means an individual who is not older
than the maximum age requiring parental notification or
consent, or proceedings in a State court, under the law
requiring parental involvement in a minor's abortion decision;
and
``(4) the term `State' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 117 the following new item:
``117A. Transportation of minors in circumvention of 2431''.
certain laws relating to abortion.
Passed the House of Representatives April 17, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | Child Custody Protection Act - Amends the Federal criminal code to prohibit transporting an individual under age 18 across a State line to obtain an abortion and thereby abridging the right of a parent under a law in force in the State where the individual resides requiring parental involvement in a minor's abortion decision. Makes an exception if the abortion was necessary to save the life of the minor.Specifies that neither the minor transported nor her parent may be prosecuted or sued for a violation of this Act.Makes it an affirmative defense to a prosecution for, or to a civil action based on, such a violation that the defendant reasonably believed that before the individual obtained the abortion, the parental consent or notification or judicial authorization that would have been required had the abortion been performed in the State where the individual resides, took place.Authorizes any parent who suffers legal harm from a violation to obtain appropriate relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by such law as a person to whom notification, or from whom consent, is required. | To amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Travel and Counterterrorism
Partnership Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the United States should expand
the visa waiver program to extend visa-free travel privileges to
nationals of foreign countries that are allies in the war on terrorism
as that expansion will--
(1) enhance bilateral cooperation on critical
counterterrorism and information sharing initiatives;
(2) support and expand tourism and business opportunities
to enhance long-term economic competitiveness; and
(3) strengthen bilateral relationships.
SEC. 3. VISA WAIVER PROGRAM EXPANSION.
Section 217(c) of the Immigration and Nationality Act (8 U.S.C.
1187(c)) is amended by adding at the end the following:
``(8) Probationary participation of program countries.--
``(A) Requirement to establish.--Notwithstanding
any other provision of this section and not later than
1 year after the date of the enactment of the Secure
Travel and Counterterrorism Partnership Act, the
Secretary of Homeland Security, in consultation with
the Secretary of State, shall establish a pilot program
to permit not more than 5 foreign countries that are
not designated as program countries under paragraph (1)
to participate in the program.
``(B) Designation as a probationary program
country.--A foreign country is eligible to participate
in the program under this paragraph if--
``(i) the Secretary of Homeland Security
determines that such participation will not
compromise the security or law enforcement
interests of the United States;
``(ii) that country is close to meeting all
the requirements of paragraph (2) and other
requirements for designation as a program
country under this section and has developed a
feasible strategic plan to meet all such
requirements not later than 3 years after the
date the country begins participation in the
program under this paragraph;
``(iii) that country meets all the
requirements that the Secretary determines are
appropriate to ensure the security and
integrity of travel documents, including
requirements to issue electronic passports that
include biometric information and to promptly
report lost, stolen, or fraudulent passports to
the Government of the United States;
``(iv) that country cooperated with the
Government of the United States on
counterterrorism initiatives and information
sharing before the date of the enactment of
this paragraph; and
``(v) that country has entered into an
agreement with the Government of the United
States by which that country agrees to further
advance United States security interests by
implementing such additional counterterrorism
cooperation and information sharing measures as
may be requested by the Secretary of Homeland
Security, in consultation with the Secretary of
State.
``(C) Considerations for country selection.--
``(i) Visa refusal rates.--The Secretary of
Homeland Security may consider the rate of
refusals of nonimmigrant visitor visas for
nationals of a foreign country in determining
whether to permit that country to participate
in the program under this paragraph but may not
refuse to permit that country to participate in
the program under this paragraph solely on the
basis of such rate unless the Secretary
determines that such rate is a security concern
to the United States.
``(ii) Overstay rates.--The Secretary of
Homeland Security may consider the rate at
which nationals of a foreign country violate
the terms of their visas by remaining in the
United States after the expiration of such a
visa in determining whether to permit that
country to participate in the program under
this paragraph.
``(D) Term of participation.--
``(i) Initial probationary term.--A foreign
country may participate in the program under
this paragraph for an initial term of 3 years.
``(ii) Extension of participation.--The
Secretary of Homeland Security, in consultation
with the Secretary of State, may permit a
country to participate in the program under
this paragraph after the expiration of the
initial term described in clause (i) for 1
additional period of not more than 2 years if
that country--
``(I) has demonstrated significant
progress toward meeting the
requirements of paragraph (2) and all
other requirements for designation as a
program country under this section;
``(II) has submitted a plan for
meeting the requirements of paragraph
(2) and all other requirements for
designation as a program country under
this section; and
``(III) continues to be determined
not to compromise the security or law
enforcement interests of the United
States.
``(iii) Termination of participation.--The
Secretary of Homeland Security may terminate
the participation of a country in the program
under this paragraph at any time if the
Secretary, in consultation with the Secretary
of State, determines that the country--
``(I) is not in compliance with the
requirements of this paragraph; or
``(II) is not able to demonstrate
significant and quantifiable progress,
on an annual basis, toward meeting the
requirements of paragraph (2) and all
other requirements for designation as a
program country under this section.
``(E) Technical assistance.--The Secretary of
Homeland Security, in consultation with the Secretary
of State, shall provide technical guidance to a country
that participates in the program under this paragraph
to assist that country in meeting the requirements of
paragraph (2) and all other requirements for
designation as a program country under this section.
``(F) Reporting requirements.--
``(i) Annual report.--The Secretary of
Homeland Security, in consultation with the
Secretary of State, shall submit to Congress an
annual report on the implementation of this
paragraph.
``(ii) Final assessment.--Not later than 30
days after the date that the foreign country's
participation in the program under this
paragraph terminates, the Secretary of Homeland
Security, in consultation with the Secretary of
State, shall submit a final assessment to
Congress regarding the implementation of this
paragraph. Such final assessment shall contain
the recommendations of the Secretary of
Homeland Security and the Secretary of State
regarding permitting additional foreign
countries to participate in the program under
this paragraph.''.
SEC. 4. CALCULATION OF THE RATES OF VISA OVERSTAYS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Homeland Security shall develop and implement
procedures to improve the manner in which the rates of nonimmigrants
who violate the terms of their visas by remaining in the United States
after the expiration of such a visa are calculated.
SEC. 5. REPORTS.
(a) Visa Fees.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall review the fee structure for visas issued by the United States
and submit to Congress a report on that structure, including any
recommendations of the Comptroller General for improvements to that
structure.
(b) Secure Travel Standards.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Homeland Security, in
conjunction with the Secretary of State, shall submit a report to
Congress that describes plans for enhancing secure travel standards for
existing visa waiver program countries, including the feasibility of
instituting an electronic authorization travel system, additional
passenger information exchanges, and enhanced airport security
standards.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2007 through 2013 to carry out
this Act and the amendment made by this Act. | Secure Travel and Counterterrorism Partnership Act - Expresses the sense of Congress that the United States should expand the visa waiver program to nationals of foreign countries that are allies in the war on terrorism.
Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to establish a pilot program to expand the visa waiver program for up to five new countries that are are cooperating with the United States on security and counterterrorism matters.
Requires a country, prior to participation, to conclude a counterterrorism and security information sharing agreement with the United States.
Authorizes: (1) a country to participate for an initial three-year period, with an additional two-year extension; and (2) the Secretary to terminate a country's participation for program noncompliance.
Directs the Secretary to develop and implement procedures to improve the manner of calculating visa overstay rates. | A bill to expand visa waiver program to countries on a probationary basis and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pathways Advancing Career Training
Act''.
SEC. 2. PURPOSE AND FINDINGS.
(a) Purpose.--The purpose of this Act is to provide assistance to
States for preparatory services, education and training programs,
support service assistance, and referral services to displaced
homemakers, single parents, and individuals pursuing nontraditional
occupations. Such assistance will create workforce pathways for
individuals in transition and help meet the employment needs of a high
skilled, high wage information technology economy.
(b) Findings.--Congress finds the following:
(1) A high quality, productive, and diverse workforce is
necessary to compete in the global economy.
(2) There are approximately 15,000,000 displaced homemakers
and single parents in the United States for whom the pathway to
employment and economic independence requires education and
training services.
(3) The education and training needs of displaced
homemakers, single parents, and individuals pursuing
nontraditional occupations are not sufficiently met through
existing systems.
(4) Displaced homemakers and single parents represent an
untapped resource to enter unfilled positions in the
information technology sector.
(5) Employment in information technology and high skill,
high wage nontraditional careers offers wages and advancement
opportunities to help families achieve economic independence.
(6) Vocational education programs continue to be highly
sex-segregated resulting in a dearth of female students filling
the pipeline for jobs in the growing high-skill high-wage labor
market, especially in the areas of technology and the skilled
trades.
SEC. 3. DEFINITIONS.
Except as otherwise specified in this Act, as used in this Act:
(1) Community-based organization.--The term ``community-
based organization'' means a public or private nonprofit
organization of demonstrated effectiveness that--
(A) is representative of a community or significant
segments of a community; and
(B) provides educational or related services to
individuals in the community.
(2) Displaced homemaker.--The term ``displaced homemaker''
means an individual who has been providing unpaid services to
family members in the home and who--
(A) has been dependent on the income of another
family member but is no longer supported by that
income; and
(B) is unemployed or underemployed and is
experiencing difficulty in obtaining or upgrading
employment.
(3) Eligible state agency.--The term ``eligible State
agency'' means a State board designated or created as the State
agency responsible for the administration of vocational and
technical education in the State.
(4) Eligible recipient.--The term ``eligible recipient''
means a community-based organization, an area vocational
school, a local educational agency, a postsecondary vocational
institution, or other entities that have demonstrated ability
to meet the education and training needs of displaced
homemakers, single parents and students in secondary and
postsecondary programs preparing for nontraditional training
and employment.
(5) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(6) Nontraditional employment.--The term ``nontraditional
employment,'' refers to occupations or fields of work for which
individuals from one gender comprise less than 25 percent of
the individuals employed in each such occupation or field of
work.
(7) Preparatory services.--The term ``preparatory
services'' means services, programs, or activities designed to
assist individuals who are not enrolled in education or
training programs in the selection of, or preparation for
participation in, an appropriate education or training program,
such as--
(A) services, programs, or activities related to
outreach in the recruitment of potential students;
(B) career and personal counseling and life skills
development;
(C) vocational assessment and testing; and
(D) other appropriate services, programs, or
activities.
(8) Postsecondary vocational institution.--The term
``postsecondary vocation institution'' has the same meaning
given such term in section 102(c) of the Higher Education Act
of 1965 (20 U.S.C. 1002(c)).
(9) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(11) Self-sufficiency standard.--The term ``self-
sufficiency standard'' is a measure of how much income families
need to cover their basic costs without subsidies. It uses a
consistent methodology that calculates the costs of living and
working (including taxes) based upon sub-state geographic
location, family size and composition.
(12) Single parent.--The term ``single parent'' means an
individual who is unmarried and--
(A) has a minor child or children for which the
parent has either custody or joint custody; or
(B) is pregnant.
(13) Services.--The term ``services'' means services such
as transportation, child care, dependent care, and needs based
payment, that are necessary to enable an individual to
participate in education and training activities.
SEC. 4. PROGRAM AUTHORIZED.
The Secretary of Education is authorized to provide grants to
States to enable such States to develop or enhance programs described
in section 8.
SEC. 5. ALLOCATION.
(a) In General.--The Secretary shall allot funds to the States
under this Act based on the ratio of the population between the ages of
16 and 64 of each State to the total population between the ages of 16
and 64 in all of the States.
(b) Supplement not Supplant.--Funds provided under this Act shall
be used to supplement not supplant other Federal, State, and local
public funds expended to provide services to displaced homemakers,
single parents, and students pursuing nontraditional occupations.
SEC. 6. STATE PLAN.
(a) In General.--Each eligible State agency shall prepare and
submit to the Secretary a plan for a 5-year period, together with such
annual revisions as the eligible State agency determines to be
necessary.
(b) Revisions and Review.--Each eligible State agency shall--
(1) submit such annual revisions of the plan to the
Secretary as the eligible State agency determines to be
necessary; and
(2) after the second year of the 5-year State plan, conduct
a review of activities assisted under this Act and submit any
revisions of the State plan that the eligible State agency
determines necessary to the Secretary.
(c) Plan Development.--The eligible State agency may develop the
State plan in consultation with experts, students in displaced
homemaker, single parent, and nontraditional training programs, and any
other individual the State considers necessary.
(d) Plan Contents.--The State plan shall include information that--
(1) describes the preparatory services and vocational and
technical education activities to be assisted that are designed
to assist single parents, displaced homemakers, and students
pursuing nontraditional training and employment;
(2) describes the process for soliciting competitive
applications and the criteria that will be used by the eligible
State agency in awarding eligible recipients funds under this
Act;
(3) describes how comprehensive professional development
will be provided;
(4) describes how the eligible State agency will--
(A) annually evaluate the effectiveness of such
programs; and
(B) coordinate such programs to ensure non-
duplication with other existing Federal programs;
(5) provides assurances that the eligible State agency will
comply with the requirements of this Act and the provisions of
the State plan, including the provision of a financial audit of
funds received under this Act which may be included as part of
an audit of other Federal or State programs;
(6) provides assurances that none of the funds expended
under this Act will be used to acquire equipment (including
computer software) in any instance in which such acquisition
results in a direct financial benefit to any organization
representing the interests of the purchasing entity, the
employees of the purchasing entity, or any affiliate of such an
organization;
(7) describes how the eligible State agency will measure
and report the progress of the students who are served pursuant
to this Act, including--
(A) single parent and displaced homemaker's
participation in and completion of a vocational and
technical education program;
(B) student participation in and completion of
vocational and technical education programs that lead
to nontraditional training and employment;
(C) single parent and displaced homemaker's
attainment of a secondary school diploma or its
recognized equivalent;
(D) single parent and displaced homemaker's
placement in postsecondary education or advanced
training, placement in military service, or placement
in employment;
(E) student placement in nontraditional employment;
and
(F) single parent and displaced homemaker's
participation in and completion of career and technical
education programs that will prepare them to earn wages
equal to or greater than that determined by the self
sufficiency standard;
(8) describes how the eligible State agency will provide
eligible recipients with technical assistance; and
(9) describes the methods proposed for the joint planning
and coordination of programs carried out under this Act with
other Federal programs.
(e) Plan Option.--The eligible State agency may fulfill the
requirements of subsection (d) by submitting a plan under section 123
of the Carl D. Perkins Vocational and Technical Education Act of 1998
(20 U.S.C. 2343).
(f) Plan Approval.--The Secretary shall consider a plan or revision
of a State plan approved, unless the Secretary determines, within 120
days of submission, that the State plan, or revision, respectively,
does not meet the requirements of this section.
SEC. 7. ACCOUNTABILITY.
(a) Purpose.--The purpose of this section is to establish
activities, in coordination with the State performance accountability
system, to assess the effectiveness of the State in achieving progress
of career and technical education in serving single parents, displaced
homemakers and individuals pursuing nontraditional training and
employment, and to maximize the return on investment of Federal funds.
(b) Core Indicators of Performance.--Each eligible State agency
shall identify in the State plan the process used to collect data on
the core indicators of performance from eligible recipients that
include, at a minimum, measures of each of the following:
(1) Participation and completion in a preparatory services
program.
(2) Participation in and completion of career and technical
education programs that lead to nontraditional training and
employment.
(3) Attainment of a secondary school diploma or its
recognized equivalent, a proficiency credential in conjunction
with a secondary school diploma, or a postsecondary degree or
credential.
(4) Placement in, retention in, and completion of,
postsecondary education or advanced training, placement in
military service, or placement or retention in employment.
(5) Placement in nontraditional employment.
(c) Annual Report by State Agency.--Each eligible State agency
shall transmit to the Secretary an annual report of data compiled in
accordance with Section 7(b) disaggregated by gender, race, age,
disability, national origin, ethnicity, and English proficiency status.
The eligible State agency may fulfill the requirements of reporting for
core indications in paragraphs (2) through (5) of subsection (b) by
submitting a report under section 113(c)(2) of the Carl D. Perkins
Vocational and Technical Education Act of 1998 (20 U.S.C. 2324).
(d) Annual Report of the Secretary.--The Secretary shall transmit
to Congress annually a national report that describes the extent to
which the purposes of the Act are being achieved.
SEC. 8. PROGRAMS FOR SINGLE PARENTS, DISPLACED HOMEMAKERS, AND
NONTRADITIONAL EMPLOYMENT.
Except as provided in section 8(a), each State may use funds
provided under section 9 only to--
(1) provide programs for single parents and displaced
homemakers, including--
(A) subsidies, reimbursement, tuition assistance,
or payment for preparatory services, necessary
educational materials (including books and supplies),
career guidance and counseling services, and support
services;
(B) information to inform individuals of career and
technical education and training programs, related
support services, and counseling;
(C) program services, counseling, and activities to
prepare individuals to attain marketable skills for
employment that will lead to economic self-sufficiency;
(2) provide programs for secondary and postsecondary
students pursuing nontraditional training and employment,
including--
(A) programs, preparatory services, counseling,
tuition assistance and activities that will provide
individuals with the skills to pursue education and
training in nontraditional careers, including
information technology and other high skill and high
wage careers;
(B) programs services, counseling, professional
development, and activities to--
(i) increase awareness of nontraditional
occupations; and
(ii) to ensure a fair and respectful
learning environment for all career and
technical education students, particularly
those preparing for nontraditional employment;
and
(C) replicable model programs that increase
participation, completion, and placement rates of
individuals in nontraditional employment.
SEC. 9. WITHIN STATE ALLOCATION AND ADMINISTRATION.
(a) Reservation for State Activities.--From the amounts allocated
under section 5, not more than 5 percent shall be reserved for State
administration.
(b) Matching Requirement.--Each eligible State agency receiving
funds made available under section 5(a), shall match, from non-Federal
sources and on a dollar-for-dollar basis, the funds received under
section 9.
(c) Administration.--Any State desiring to participate in a program
authorized by this Act shall assign not less than one individual within
the appropriate agency established to administer vocational education
programs within the State to assist in fulfilling the purposes of this
Act by--
(1) administering the program of vocational education
described in section 7;
(2) gathering, analyzing, and disseminating data on the
adequacy and effectiveness of vocational education programs in
the State as described in section 6;
(3) developing the State plan described in section 6;
(4) providing technical assistance and professional
development in expanding vocational opportunities for students
pursuing nontraditional occupations and single parents, and
displaced homemakers;
(5) managing the distribution of funds pursuant to section
6;
(6) monitoring the use of funds distributed to recipients
under such programs; and
(7) evaluating the effectiveness of programs and activities
supported by such funds.
(d) Competitive Awards.--The administrator assigned under
subsection (c) shall--
(1) on a competitive basis, provide grants to eligible
recipients; and
(2) ensure that each grant is for a program that is of
sufficient size, scope, and quality to be effective.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$200,000,000 for fiscal year 2005 and such sums as may be necessary for
each of the 4 succeeding fiscal years. | Pathways Advancing Career Training Act - Authorizes the Secretary of Education to make formula matching grants to States with approved plans for programs of vocational education, training, employment counseling, and related services, including tuition assistance, for: (1) single parents and displaced homemakers; and (2) secondary and postsecondary students pursuing nontraditional training and employment.
Provides that State boards designated or created as State agencies responsible for vocational and technical education vocational education agency shall administer such programs and make competitive subgrants to eligible entities. | To provide effective training and education programs for displaced homemakers, single parents, and individuals entering nontraditional employment. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International and Parental Child
Abduction Remedies Assistance Act''.
SEC. 2. INVESTIGATIVE ASSISTANCE TO LAW ENFORCEMENT AGENCIES TO LOCATE
ALIEN CHILDREN MISSING IN THE UNITED STATES.
The Attorney General shall make available to State and local law
enforcement agencies, information describing the methods and procedures
available to them to institute or assist an investigative search for an
alien child who is believed to be in the United States and who is the
subject of--
(1) an application under the Hague Convention on the Civil
Aspects of International Parental Child Abduction, or
(2) an Interpol yellow notice.
SEC. 3. STATE REQUIREMENTS.
Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is
amended--
(1) in paragraph (2) by striking ``and'' at the end, and
(2) in paragraph (3)--
(A) in subparagraph (B) by striking ``and'' at the
end,
(B) in subparagraph (C) by striking the period at
the end and inserting ``; and'', and
(C) by inserting after subparagraph (C) the
following:
``(D) a statement specifying whether the child is
believed to have been taken outside of the United
States;''.
SEC. 4. AMENDMENTS TO INTERNATIONAL CHILD ABDUCTION REMEDIES ACT.
(a) Legal Assistance, Technical Assistance, and Training.--Section
7 of the International Child Abduction Remedies Act (42 U.S.C. 11606)
is amended by adding at the end the following new subsections:
``(g) Legal Assistance for Victims of Parental Kidnapping Grants.--
``(1) Funding to legal services providers.--The United
States Central Authority shall establish a program to provide
funding to legal services providers, including private
attorneys, public officials acting pursuant to the Uniform
Child Custody Jurisdiction and Enforcement Act, legal aid
programs, and law school clinical programs, to provide direct
legal or advocacy services on behalf of persons seeking
remedies under the Convention, or other civil or criminal
remedies in interstate or international parental kidnapping
cases.
``(2) Training and technical assistance.--The United States
Central Authority, directly or through grants, shall provide
training and technical assistance to recipients of funds under
paragraph (1) to improve their capacity to offer legal
assistance described in paragraph (1).
``(h) Technical Assistance.--The United States Central Authority
shall encourage the Chief Justice of every State and the District of
Columbia to designate a single court, or a limited number of courts, in
which cases brought under the Convention may be heard. The United
States Central Authority may provide technical assistance (including
computers and Internet access) as necessary to foster consolidation of
jurisdiction and implementation of the Convention, consistent with the
purposes of the Convention.
``(i) Training.--The United States Central Authority shall provide
or promote training of State court judges, lawyers, and law students on
the civil and criminal laws pertaining to interstate and international
parental kidnapping. To carry out this subsection, the United States
Central Authority may make available funds under subsection (e) to
State judicial educators, national, State, and local bar associations,
and law schools. The United States Central Authority shall require
recipients of such funds to report on the training programs they
present, including the number of participants.''.
(b) Legal Services Corporation.--The Legal Services Corporation may
use funds made available to the Corporation for programs to represent
aliens in proceedings brought in the United States under the
Convention--
(1) if the individuals to whom the representation is
provided otherwise meet the criteria of the Corporation for
eligible clients under the Legal Services Corporation Act; and
(2) whether or not such individuals are resident in the
United States.
(c) Court Costs.--Section 8(b) of the International Child Abduction
Remedies Act (42 U.S.C. 11607(b)) is amended to read as follows:
``(b) Costs Incurred in Civil Actions.--
``(1) Payment of court costs by central
authority.--The Central Authority shall establish a
program under which it provides, directly to the court
or to petitioners and respondents, the funds necessary
to pay the court costs of petitioners and respondents
in actions brought under section 4, including court
fees and the cost of translation services, expert
witness testimony, and transcription services.
``(2) Costs of legal counsel and travel.--
Petitioners may be required to bear the costs of legal
counsel or advisors and travel costs for the return of
the child involved and any accompanying persons, except
as provided in paragraphs (3) and (4).
``(3) Payments from other sources.--Subject to
paragraph (4), legal fees incurred in connection with
an action brought under section 4 shall be borne by the
petitioner unless they are covered by payments from
Federal, State, or local legal assistance or other
programs.
``(4) Costs borne by petitioner.--Any court
ordering the return of a child pursuant to an action
brought under section 4 shall order the respondent to
pay necessary expenses incurred by or on behalf of the
petitioner (other than court costs for which the
Central Authority pays under paragraph (1)), including
legal fees, foster home or other care during the course
of proceedings in the action, and transportation costs
related to the return of the child, unless the
respondent establishes that such order would be clearly
inappropriate.''.
(d) Federal Judicial Center.--Section 620 of title 28, United
States Code, is amended by adding at the end the following:
``(c) Continuing Education and Training Programs.--The Center shall
include in its continuing education and training programs under
subsection (b)(3), including the training programs for newly appointed
judges, information on the Hague Convention on the Civil Aspects of
International Child Abduction, the International Child Abduction
Remedies Act, the International Parental Kidnapping Crime Act of 1993,
and other Federal statutes pertaining to parental kidnapping within the
jurisdiction of the Federal courts, and shall prepare materials
necessary to carry out this subsection.''.
SEC. 5. ADDITIONAL FUNDS FOR THE INVESTIGATION AND PROSECUTION OF
PARENTAL KIDNAPPING.
In addition to funds otherwise authorized to be appropriated for
the activities described in this section, there are authorized to be
appropriated to the Child Exploitation and Obscenity Section of the
Department of Justice for each of the fiscal years 2009 through 2012
such sums as may be necessary for the investigation and prosecution of
violations of section 1204 of title 18, United States Code.
SEC. 6. GRANTS FOR TRAVEL COSTS ASSOCIATED WITH THE SAFE RETURN OF
ABDUCTED CHILDREN.
(a) Program Authorized.--The Director of the Office of Victims of
Crime of the Department of Justice shall, subject to the availability
of appropriations, establish a Victim Travel in International
Reunification Cases program to award grants to the National Center for
Missing & Exploited Children to reimburse parents, guardians, law
enforcement, and other individuals, as appropriate, for travel costs
related to the safe return of children from the United States who have
been abducted and taken to foreign countries.
(b) Use of Grant Funds.--Travel costs under subsection (a) that are
reimbursed using funds under this section may include airfare and daily
subsistence costs, including lodging, meals, and ground transportation.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000 for each of the fiscal
years 2009 through 2012. | International and Parental Child Abduction Remedies Assistance Act - Directs the Attorney General to provide state and local law enforcement agencies information on instituting or assisting investigative searches for alien children believed to be in the United States who are the subject of an application under the Hague Convention on the Civil Aspects of International Parental Child Abduction (Convention) or an Interpol yellow notice.
Amends the Crime Control Act of 1990 to require missing child reports to include a statement specifying whether a missing child is believed to have been taken outside of the United States.
Amends the International Child Abduction Remedies Act to: (1) provide funding, technical assistance, and training to legal providers to assist victims of parental kidnappings; and (2) allow payment of costs incurred in civil actions to return abducted children.
Authorizes the Legal Services Corporation to use its funding to represent aliens in child abduction proceedings brought in the United States under the Convention.
Amends the federal judicial code to require the Federal Judicial Center to provide training programs for newly appointed judges on laws pertaining to parental kidnapping.
Authorizes additional funding for the investigation and prosecution of international parental kidnapping crimes.
Directs the Director of the Department of Justice Office of Victims of Crime to award grants to reimburse parents, guardians, law enforcement, and other appropriate individuals for travel costs related to the safe return of U.S. children who have been abducted and taken to foreign countries. | To implement certain measures to increase the effectiveness of international child abduction remedies, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Indian Education
Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to ensure that Federal funding is
provided to support and sustain the longstanding Federal mandate
requiring colleges and States to waive, in certain circumstances,
tuition charges for Native American Indian students they admit to an
undergraduate college program, including the waiver of tuition charges
for Native American Indian students who are not residents of the State
in which the college is located.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Native American-serving nontribal college institutions
have a valuable supplemental role to that provided by tribally
controlled community colleges in making available educational
opportunities to Native American Indian students.
(2) Some 4-year Native American-serving nontribal college
institutions provide tuition-free education, with the support
of the State in which they are located, as mandated by Federal
statute, to hundreds of Native American Indian students in
fulfillment of a condition under which the United States
provided land and facilities for such colleges to a State or
college.
(3) The value of the Native student tuition waiver benefits
contributed by these colleges and the States which support them
today far exceeds the value of the original grant of land and
facilities.
(4) The ongoing financial burden of meeting this Federal
mandate to provide tuition-free education to Native American
Indian students is no longer equitably shared among the States
and colleges because the mandate does not distinguish between
such students who are residents of the State or who are
residents of another State.
(5) Native student tuition waiver benefits are now at risk
of being terminated by severe budget constraints being
experienced by these colleges and the States which support
them.
SEC. 4. STATE RELIEF FROM FEDERAL HIGHER EDUCATION MANDATE.
(a) In General.--Part A of title III of the Higher Education Act of
1965 (20 U.S.C. 1057 et seq.) is amended by inserting after section 319
the following:
``SEC. 319A. STATE RELIEF FROM FEDERAL HIGHER EDUCATION MANDATE.
``(a) Amount of Payment.--For fiscal year 2018 and each succeeding
fiscal year through fiscal year 2022, the Secretary may pay to any
eligible college an amount that equals the charges for tuition waived
by the college (as described in subsection (e)(1)) for the academic
year ending before the beginning of such fiscal year for Native
American Indian students who were enrolled in the college for such
academic year and who were not residents of the State in which the
college is located during such academic year.
``(b) Treatment of Payment.--Any amounts received by an eligible
college under subsection (a) shall be treated as a reimbursement from
the State in which the college is located, which is provided in
fulfillment of any Federal mandate upon the State to waive charges for
tuition for Native American Indian students.
``(c) Rule of Construction.--Nothing in this section shall be
construed to relieve any State from any mandate the State may have
under Federal law to reimburse an eligible college for an academic
year--
``(1) with respect to Native American Indian students
enrolled in the college who are not residents of the State in
which the college is located, any amount of charges for tuition
waived by the college for such students that exceeds the amount
received by the college under subsection (a) for such academic
year; and
``(2) with respect to Native American Indian students
enrolled in the college who are residents of the State in which
the college is located, an amount equal to the charges for
tuition waived by the college for such students for such
academic year.
``(d) Applicability.--
``(1) In general.--The provisions of any other section of
this part or part G shall not apply with respect to funds paid
under this section.
``(2) No effect on eligibility.--Funds received by a Native
American-serving, nontribal institution under this section
shall not be taken into account for purposes of section
319(d)(3)(A).
``(e) Definitions.--In this section:
``(1) Eligible college.--The term `eligible college' means
any 4-year Native American-serving, nontribal institution that
waives the charges for tuition as mandated by Federal statute,
with the support of the State in which the institution is
located, for Native American Indian students in fulfillment of
a condition under which the institution or State received its
original grant of land and facilities from the United States.
``(2) Native american indian students.--The term `Native
American Indian students' includes reference to the term
`Indian pupils' as that term has been utilized in Federal
statutes imposing a mandate upon any eligible college or State
to waive charges for tuition for Native American Indian
students in fulfillment of a condition under which the college
or State received its original grant of land and facilities
from the United States.
``(3) Native american-serving, nontribal institution.--The
term `Native American-serving, nontribal institution' has the
meaning given the term in section 319(b).
``(f) Supplement, Not Supplant.--Funds under this section shall be
used to supplement, not supplant, any Federal or non-Federal funds that
would otherwise be used for Indian education programs.''.
(b) Authorization.--Section 399(a)(1) of the Higher Education Act
of 1965 (20 U.S.C. 1068h(a)(1)) is amended--
(1) by redesignating subparagraph (F) as subparagraph (G);
and
(2) by inserting after subparagraph (E) the following:
``(F) There are authorized to be appropriated to carry out
section 319A, $17,400,000 for each of fiscal years 2018 through
2022.''. | Native American Indian Education Act This bill amends the Higher Education Act of 1965 to allow the Department of Education, for FY2018-FY2022, to pay Native American-serving, nontribal institutions of higher education the tuition of their out-of-state Native American students. This applies only to schools that are required to provide a tuition-free education, with the support of their state, to Native American students as a condition under which the college or state received its original grant of land and facilities from the federal government. Payments are treated as reimbursements to institutions from their states. | Native American Indian Education Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buy American Improvement Act of
2007''.
SEC. 2. REQUIREMENTS FOR WAIVERS.
(a) In General.--Section 2 of the Buy American Act (41 U.S.C. 10a)
is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(a) In General.--Notwithstanding''; and
(2) by adding at the end the following:
``(b) Special Rules.--The following rules shall apply in carrying
out the provisions of subsection (a):
``(1) Public interest waiver.--A determination that it is
not in the public interest to enter into a contract in
accordance with this Act may not be made after a notice of
solicitation of offers for the contract is published in
accordance with section 18 of the Office of Federal Procurement
Policy Act (41 U.S.C. 416) and section 8(e) of the Small
Business Act (15 U.S.C. 637(e)).
``(2) Domestic bidder.--A Federal agency entering into a
contract shall give preference to a company submitting an offer
on the contract that manufactures in the United States the
article, material, or supply for which the offer is solicited,
if--
``(A) that company's offer is substantially the
same as an offer made by a company that does not
manufacture the article, material, or supply in the
United States; or
``(B) that company is the only company that
manufactures in the United States the article,
material, or supply for which the offer is solicited.
``(3) Use outside the united states.--
``(A) In general.--Subsection (a) shall apply
without regard to whether the articles, materials, or
supplies to be acquired are for use outside the United
States if the articles, materials, or supplies are not
needed on an urgent basis or if they are acquired on a
regular basis.
``(B) Cost analysis.--In any case in which the
articles, materials, or supplies are to be acquired for
use outside the United States and are not needed on an
urgent basis, before entering into a contract an
analysis shall be made of the difference in the cost of
acquiring the articles, materials, or supplies from a
company manufacturing the articles, materials, or
supplies in the United States (including the cost of
shipping) and the cost of acquiring the articles,
materials, or supplies from a company manufacturing the
articles, materials, or supplies outside the United
States (including the cost of shipping).
``(4) Domestic availability.--The head of a Federal agency
may not make a determination under subsection (a) that an
article, material, or supply is not mined, produced, or
manufactured, as the case may be, in the United States in
sufficient and reasonably available commercial quantities and
of satisfactory quality, unless the head of the agency has
conducted a study and, on the basis of such study, determined
that--
``(A) domestic production cannot be initiated to
meet the procurement needs; and
``(B) a comparable article, material, or supply is
not available from a company in the United States.
``(c) Reports.--
``(1) In general.--Not later than 180 days after the end of
each of fiscal years 2007 through 2011, the head of each
Federal agency shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of the House of
Representatives a report on the amount of the acquisitions made
by the agency in that fiscal year of articles, materials, or
supplies purchased from entities that manufacture the articles,
materials, or supplies outside of the United States.
``(2) Contents of report.--The report required by paragraph
(1) shall separately include, for the fiscal year covered by
such report--
``(A) the dollar value of any articles, materials,
or supplies that were manufactured outside the United
States;
``(B) an itemized list of all waivers granted with
respect to such articles, materials, or supplies under
this Act, and a citation to the treaty, international
agreement, or other law under which each waiver was
granted;
``(C) if any articles, materials, or supplies were
acquired from entities that manufacture articles,
materials, or supplies outside the United States, the
specific exception under this section that was used to
purchase such articles, materials, or supplies; and
``(D) a summary of--
``(i) the total procurement funds expended
on articles, materials, and supplies
manufactured inside the United States; and
``(ii) the total procurement funds expended
on articles, materials, and supplies
manufactured outside the United States.
``(3) Public availability.--The head of each Federal agency
submitting a report under paragraph (1) shall make the report
publicly available to the maximum extent practicable.
``(4) Exception for intelligence community.--This
subsection shall not apply to acquisitions made by an agency,
or component thereof, that is an element of the intelligence
community as specified in, or designated under, section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).''.
(b) Definitions.--Section 1 of the Buy American Act (41 U.S.C. 10c)
is amended by adding at the end the following:
``(c) Federal Agency.--The term `Federal agency' means any
executive agency (as defined in section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1))) or any establishment in the
legislative or judicial branch of the Federal Government.
``(d) Substantially All.--Articles, materials, or supplies shall be
treated as made substantially all from articles, materials, or supplies
mined, produced, or manufactured in the United States, if the cost of
the domestic components of such articles, materials, or supplies
exceeds 75 percent of the total cost of all components of such
articles, materials, or supplies.''.
(c) Conforming Amendments.--
(1) Section 2 of the Buy American Act (41 U.S.C. 10a) is
amended by striking ``department or independent establishment''
and inserting ``Federal agency''.
(2) Section 3 of such Act (41 U.S.C. 10b) is amended--
(A) in subsection (a), by striking ``department or
independent establishment'' and inserting ``Federal
agency''; and
(B) in subsection (b), by striking ``department,
bureau, agency, or independent establishment'' and
inserting ``Federal agency''.
(3) Section 633 of the National Military Establishment
Appropriation Act, 1950 (41 U.S.C. 10d) is amended by striking
``department or independent establishment'' and inserting
``Federal agency''.
SEC. 3. GAO REPORT AND RECOMMENDATIONS.
(a) Report on Scope of Waivers.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall report to Congress recommendations to be used in
determining, for purposes of applying the waiver provision of section
2(a) of the Buy American Act, as redesignated by section 2(a) of this
Act, whether acquiring articles, materials, and supplies mined,
produced, or manufactured in the United States would--
(1) involve unreasonable cost; or
(2) be inconsistent with the public interest.
(b) Recommendations.--The report described in subsection (a) shall
include recommendations--
(1) for a statutory definition of unreasonable cost and for
standards for determining inconsistency with the public
interest; and
(2) for establishing procedures for applying the waiver
provisions of the Buy American Act that can be consistently
applied. | Buy American Improvement Act of 2007 - Amends the Buy American Act to: (1) prohibit federal agencies from determining that it would not be in the public interest to enter into a contract subject to Buy American requirements after a solicitation of offers notice for such contract is published; and (2) apply Buy American requirements without regard to whether products to be acquired are for use outside the United States if they are not needed on an urgent basis or if they are acquired on a regular basis. Requires before a contract is entered in the latter type of case an analysis of the difference in costs of such products from manufacturers inside and outside the United States.
Requires federal agencies to: (1) give preference in the procurement process to a company that manufactures the solicited product in the United States, if such company's bid is substantially the same as a bid made by a non-U.S. manufacturer, or such company is the only one that manufactures the product in the United States; and (2) report for FY2007-FY2011 to specified congressional committees on the amount of agency acquisitions from entities that manufacture products outside the United States (excepts intelligence agencies).
Prohibits an agency head from determining that articles to be procured are not available from domestic sources without first determining that domestic production cannot be initiated to meet procurement needs, and that a comparable product is not available from a company in the United States.
Defines a product as made "substantially all" from domestic components when the cost of the product's domestic components exceeds 75% of the cost of all the product's components.
Requires the Comptroller General to report to Congress with recommendations for determining whether an acquisition would involve unreasonable cost and be inconsistent with the public interest for purposes of applying waivers of Buy American requirements. | A bill to amend the Buy American Act to increase the requirement for American-made content, to tighten the waiver provisions, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gateway Communities Cooperation Act
of 2002''.
SEC. 2. IMPROVED RELATIONSHIP BETWEEN FEDERAL LAND MANAGERS AND GATEWAY
COMMUNITIES TO SUPPORT COMPATIBLE LAND MANAGEMENT OF BOTH
FEDERAL AND ADJACENT LANDS.
(a) Findings.--The Congress finds the following:
(1) Communities that are adjacent to or near Federal lands,
including units of the National Park System, units of the
National Wildlife Refuge System, units of the National Forest
System, and lands administered by the Bureau of Land
Management, are vitally impacted by the management and public
use of these Federal lands.
(2) These communities, commonly known as gateway
communities, fulfill an integral part in the mission of the
Federal lands by providing necessary services, such as schools,
roads, search and rescue, emergency, medical, provisioning,
logistical support, living quarters, and drinking water and
sanitary systems, for both visitors to the Federal lands and
employees of Federal land management agencies.
(3) Provision of these vital services by gateway
communities is an essential ingredient for a meaningful and
enjoyable experience by visitors to the Federal lands because
Federal land management agencies are unable to provide, or are
prevented from providing, these services.
(4) Gateway communities serve as an entry point for persons
who visit the Federal lands and are ideal for establishment of
visitor services, including lodging, food service, fuel and
auto repairs, emergency services, and visitor information.
(5) Development in these gateway communities affect the
management and protection of these Federal lands, depending on
the extent to which advance planning for the local development
is coordinated between the communities and Federal land
managers.
(6) The planning and management decisions of Federal land
managers can have unintended consequences for gateway
communities and the Federal lands, when the decisions are not
adequately communicated to, or coordinated with, the elected
officials and residents of gateway communities.
(7) Experts in land management planning are available to
Federal land managers, but persons with technical planning
skills are often not readily available to gateway communities,
particularly small gateway communities.
(8) Gateway communities are often affected by the policies
and actions of several Federal land agencies and both the
communities and the agencies would benefit from greater
interagency coordination of those policies and actions.
(9) Persuading gateway communities to make decisions and
undertake actions in their communities that would also be in
the best interest of the Federal lands is most likely to occur
when such decisionmaking and actions are built upon a
foundation of cooperation and coordination.
(b) Purpose.--It is the purpose of this Act to require Federal land
managers to communicate, coordinate, and cooperate with gateway
communities in order to--
(1) improve the relationships among Federal land managers,
elected officials, and residents of gateway communities;
(2) enhance the facilities and services in gateway
communities available to visitors to Federal lands, when
compatible with the management of these lands; and
(3) result in better local land use planning and decisions
by Federal land managers.
(c) Definitions.--In this section:
(1) Gateway community.--The term ``gateway community''
means a county, city, town, village, or other subdivision of a
State, or a federally recognized American Indian tribe or
Alaska Native village, that--
(A) is incorporated or recognized in a county or
regional land use plan; and
(B) a Federal land manager (or the head of the
tourism office for the State) determines is
significantly affected economically, socially, or
environmentally by planning and management decisions
regarding Federal lands administered by that Federal
land manager.
(2) Federal land agencies.--The term ``Federal land
agencies'' means the National Park Service, United States
Forest Service, United States Fish and Wildlife Service, and
the Bureau of Land Management.
(3) Federal land manager.--The term ``Federal land
manager'' means--
(A) the superintendent of a unit of the National
Park System;
(B) the manager of a national wildlife refuge;
(C) the field office manager of a Bureau of Land
Management area; or
(D) the supervisor of a unit of the National Forest
System.
(d) Participation in Federal Planning and Land Use.--
(1) Participation in planning.--The Federal land agencies
shall provide for meaningful public involvement at the earliest
possible time by elected and appointed officials of governments
of local gateway communities in the development of land use
plans, programs, land use regulations, land use decisions,
transportation plans, general management plans, and any other
plans, decisions, projects, or policies for Federal public
lands under the jurisdiction of these agencies that will have a
significant impact on these gateway communities. To facilitate
such involvement, the Federal land agencies shall provide these
officials, at the earliest possible time, with a summary in
nontechnical language of the assumptions, purposes, goals, and
objectives of such a plan, decision, project, or policy and a
description of any anticipated significant impact of the plan,
decision, or policy on gateway communities.
(2) Early notice of proposed decisions.--To the extent
practicable, the Federal land agencies shall provide local
gateway communities with early public notice of proposed
decisions of these agencies that may have a significant impact
on gateway communities.
(3) Training sessions.--The Federal land agencies shall
offer training sessions for elected and appointed officials of
gateway communities at which such officials can obtain a better
understanding of--
(A) agency planning processes; and
(B) the methods by which they can participate most
meaningfully in the development of the agency plans,
decisions, and policies referred to in paragraph (1).
(4) Technical assistance.--At the request of the government
of a gateway community, a Federal land agency shall assign, to
the extent practicable, an agency employee or contractor to
work with the community to develop data and analysis relevant
to the preparation of agency plans, decisions, and policies
referred to in paragraph (1).
(5) Review of federal land management planning.--At the
request of a gateway community, and to the extent practicable,
a Federal land manager shall assist the gateway community to
conduct a review of land use, management, or transportation
plans of the Federal land manager likely to affect the gateway
community.
(6) Coordination of land use.--To the extent consistent
with the laws governing the administration of the Federal
public lands, a Federal land manager may enter into a
cooperative agreement with a gateway community to provide for
coordination between--
(A) the land use inventory, planning, and
management activities for the Federal lands
administered by the Federal land manager; and
(B) the land use planning and management activities
of other Federal agencies, agencies of the State in
which the Federal lands are located, and local and
tribal governments in the vicinity of the Federal
lands.
(7) Interagency cooperation and coordination.--To the
extent practicable, when the plans and activities of two or
more Federal land agencies are anticipated to have a
significant impact on a gateway community, the Federal land
agencies involved shall consolidate and coordinate their plans
and planning processes to facilitate the participation of the
gateway community in the planning processes.
(8) Treatment as cooperating agencies.--When a proposed
action is determined to require the preparation of an
environmental impact statement, the Federal land agencies
shall, as soon as practicable, but not later than the scoping
process, actively solicit the participation of gateway
communities as cooperating agencies under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(e) Grants To Assist Gateway Communities.--
(1) Grants authorized; purposes.--A Federal land manager
may make grants to an eligible gateway community to enable the
gateway community--
(A) to participate in Federal land planning or
management processes;
(B) to obtain professional land use or
transportation planning assistance necessary as a
result of Federal action;
(C) to address and resolve public infrastructure
impacts that are identified through these processes as
a likely result of the Federal land management decisions and for which
sufficient funds are not otherwise available; and
(D) to provide public information and interpretive
services about the Federal lands administered by the
Federal land manager and the gateway community.
(2) Eligible gateway communities.--To be eligible for a
grant under this subsection, a gateway community may not have a
population in excess of 10,000 persons.
(f) Funding Sources.--
(1) General agency funds.--A Federal land agency may use
amounts available for the general operation of the agency to
provide funds to Federal land managers of that agency to make
grants under subsection (e).
(2) Other planning or project development funds.--Funds
available to a Federal land manager for planning, construction,
or project development may also be used to fund programs under
subsection (d) and make grants under subsection (e).
(3) Combination of funds.--Federal land managers from
different Federal land agencies may combine financial resources
to make grants under subsection (e). | Gateway Communities Cooperation Act of 2002 - Requires the National Park Service, United States Forest Service, the U.S. Fish and Wildlife Service, and the Bureau of Land Management to: (1) provide for public involvement by government officials of local gateway communities (communities adjacent to or near public lands) in the development of land use plans, programs, regulations, and decisions, transportation plans, general management plans, and any other public land plans, decisions, projects, or policies that will have a significant impact; (2) provide such communities with early public notice of such proposed decisions; (3) offer training sessions for officials for understanding and participating in agency planning processes; (4) assign an employee or contractor to work with such a community to develop data and analysis relevant in the preparation of agency plans, decisions, and policies; and (5) assist in conducting a review of plans likely to affect such community.Allows a Federal land manager to enter into a cooperative agreement with gateway communities to provide for coordination between Federal, State, local, and tribal governments in land use inventory, planning, and management activities.Requires, to the extent practicable, the consolidation and coordination of the plans and planning processes of two or more Federal agencies to facilitate an affected gateway community's participation.Requires the Federal land agencies to, as soon as practicable (but not later than the scoping process), actively solicit the participation of gateway communities as cooperating agencies when a proposed action is determined to require the preparation of an environmental impact statement.Allows a Federal land manager to make grants to enable an eligible gateway community (population 10,000 or less) to: (1) participate in Federal land planning or management processes; (2) obtain professional land use or transportation planning assistance necessary as a result of Federal action; (3) address and resolve public infrastructure impacts that are a likely result of the Federal land management decisions and for which sufficient funds are not otherwise available; and (4) provide information and interpretive services.Provides for funding for grants from the following sources: (1) general land agency funds; (2) funds available to a Federal land manager for planning, construction, or project development; and (3) funds combined by Federal land managers from different Federal land agencies. | To require Federal land managers to support, and to communicate, coordinate, and cooperate with, designated gateway communities, to improve the ability of gateway communities to participate in Federal land management planning conducted by the Forest Service and agencies of the Department of the Interior, and to respond to the impacts of the public use of the Federal lands administered by these agencies, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Broadcasters Protection
Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Since the creation of low-power television licenses by
the Federal Communications Commission, a small number of
license holders have operated their stations in a manner
beneficial to the public good providing broadcasting to their
communities that would not otherwise be available.
(2) These low-power broadcasters have operated their
stations in a manner consistent with the programming objectives
and hours of operation of full-power broadcasters providing
worthwhile services to their respective communities while under
severe license limitations compared to their full-power
counterparts.
(3) License limitations, particularly the temporary nature
of the license, have blocked many low-power broadcasters from
having access to capital, and have severely hampered their
ability to continue to provide quality broadcasting,
programming, or improvements.
(4) The passage of the Telecommunications Act of 1996 has
added to the uncertainty of the future status of these stations
by the lack of specific provisions regarding the permanency of
their licenses, or their treatment during the transition to
high definition, digital television.
(5) It is in the public interest to promote diversity in
television programming such as that currently provided by low-
power television stations to foreign-language communities.
SEC. 3. PRESERVATION OF LOW-POWER COMMUNITY TELEVISION BROADCASTING.
Section 336 of the Communications Act of 1934 (47 U.S.C. 336) is
amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Preservation of Low-Power Community Television
Broadcasting.--
``(1) Creation of class a licenses.--
``(A) Rulemaking required.--Within 120 days after
the date of enactment of the Community Broadcasters
Protection Act of 1999, the Commission shall prescribe
regulations to establish a class A television license
to be available to licensees of qualifying low-power
television stations. Such regulations shall provide
that--
``(i) the license shall be subject to the
same license terms and renewal standards as the
licenses for full-power television stations
except as provided in this subsection; and
``(ii) each such class A licensee shall be
accorded primary status as a television
broadcaster as long as the station continues to
meet the requirements for a qualifying low-
power station in paragraph (2).
``(B) Notice to and certification by licensees.--
Within 30 days after the enactment of the Community
Broadcasters Protection Act of 1999, the Commission
shall send a notice to the licensees of all low-power
televisions licenses that describes the requirements
for class A designation. Within 60 days after such date
of enactment, licensees intending to seek class A
designation shall submit to the Commission a
certification of eligibility based on the qualification
requirements of this subsection. Absent a material
deficiency, the Commission shall grant certification of
eligibility to apply for class A status.
``(C) Application for and award of licenses.--
Consistent with the requirements set forth in paragraph
(2)(A) of this subsection, a licensee may submit an
application for class A designation under this
paragraph within 30 days after final regulations are
adopted pursuant to subparagraph (A) of this paragraph.
Except as provided in paragraphs (6) and (7), the
Commission shall, within 30 days after receipt of an
application of a licensee of a qualifying low-power
television station that is acceptable for filing, award
such a class A television station license to such
licensee.
``(D) Resolution of technical problems.--The
Commission shall act to preserve the service area of
each low-power television licensee pending the final
resolution of the class A application of such licensee.
If, after granting certification of eligibility for a
class A license, technical problems arise requiring an
engineering solution to a full-power station's allotted
parameters or channel assignment in the digital
television Table of Allotments, the Commission shall
make such modifications, as necessary, to ensure
replication of the full-power digital television
applicant's service area, as provided for in section
73.622 of the Commission's regulations (47 CFR 73.622).
``(2) Qualifying low-power television stations.--For
purposes of this subsection, a station is a qualifying low-
power television station if--
``(A)(i) during the 90 days preceding the date of
enactment of the Community Broadcasters Protection Act
of 1999--
``(I) such station broadcast a minimum of
18 hours per day;
``(II) such station broadcast an average of
at least 3 hours per week of programming that
was produced within the market area served by
such station, or the market area served by a
group of commonly controlled low-power stations
that carry common local programming produced
within the market area served by such group;
and
``(III) such station was in compliance with
the Commission's requirements applicable to
low-power television stations; and
``(ii) from and after the date of its application
for a class A license, the station is in compliance
with the Commission's operating rules for full-power
television stations; or
``(B) the Commission determines that the public
interest, convenience, and necessity would be served by
treating the station as a qualifying low-power
television station for purposes of this section, or for
other reasons determined by the Commission.
``(3) Common ownership.--No low-power television station
authorized as of the date of enactment of the Community
Broadcasters Protection Act of 1999 shall be disqualified for a
class A license based on common ownership with any other medium
of mass communication.
``(4) Issuance of licenses for advanced television services
to television translator stations and qualifying low-power
television stations.--The Commission is not required to issue
any additional license for advanced television services to the
licensee of a class A television station under this subsection,
or to any licensee of any television translator station, but
shall accept a license application for such services proposing
facilities that will not cause interference to the service area
of any other broadcast facility applied for, protected,
permitted, or authorized on the date of filing of the advanced
television application. Such new license or the original
license of the applicant shall be forfeited after the end of
the digital television service transition period, as determined
by the Commission. A licensee of a low-power television station
or television translator station may, at the option of
licensee, elect to convert to the provision of advanced
television services on its analog channel, but shall not be
required to convert to digital operation until the end of such
transition period.
``(5) No preemption of section 337.--Nothing in this
subsection preempts or otherwise affects section 337 of this
Act.
``(6) Interim qualification.--
``(A) Stations operating within certain
bandwidth.--The Commission may not grant a class A
license to a low-power television station for operation
between 698 and 806 megahertz, but the Commission shall
provide to low-power television stations assigned to
and temporarily operating in that bandwidth the
opportunity to meet the qualification requirements for
a class A license. If such a qualified applicant for a
class A license is assigned a channel within the
core spectrum (as such term is defined in MM Docket 87-286, February
17, 1998), the Commission shall issue a class A license simultaneously
with the assignment of such channel.
``(B) Certain channels off-limits.--The Commission
may not grant under this subsection a class A license
to a low-power television station operating on a
channel within the core spectrum that includes any of
the 175 additional channels referenced in paragraph 45
of its February 23, 1998, Memorandum Opinion and Order
on Reconsideration of the Sixth Report and Order (MM
Docket No. 87-268). Within 18 months after the date of
enactment of the Community Broadcasters Protection Act
of 1999, the Commission shall identify by channel,
location, and applicable technical parameters those 175
channels.
``(7) No interference requirement.--The Commission may not
grant a class A license, nor approve a modification of a class
A license, unless the applicant or licensee shows that the
class A station for which the license or modification is sought
will not cause--
``(A) interference within--
``(i) the predicted Grade B contour (as of
the date of enactment of the Community
Broadcasters Protection Act of 1999, or
November 1, 1999, whichever is later, or as
proposed in a change application filed on or
before such date) of any television station
transmitting in analog format; or
``(ii)(I) the digital television service
areas provided in the DTV Table of Allotments,
(II) the areas protected in the Commission's
digital television regulations (47 CFR 73.622
(e) and (f)), or (III) the digital television
service areas of stations subsequently granted
by the Commission prior to the filing of a
class A application;
``(B) interference within the protected contour of
any low-power television station or low-power
television translator station that--
``(i) was licensed prior to the date on
which the application for a class A license, or
for the modification of such a license, was
filed;
``(ii) was authorized by construction
permit prior to such date; or
``(iii) had a pending application that was
submitted prior to such date; or
``(C) interference within the protected contour of
80 miles from the geographic center of the areas listed
in section 22.625(b)(1) or 90.303 of the Commission's
regulations (47 CFR 22.625(b)(1) and 90.303) for
frequencies in--
``(i) the 470-512 megahertz band identified
in section 22.621 or 90.303 of such
regulations; or
``(ii) the 482-488 megahertz band in New
York.''. | Defines as a qualifying LPT station one which, during the 90 days preceding the date of enactment of this Act: (1) broadcast for at least 18 hours per day; (2) broadcast an average of at least three hours per week of programming that was produced within the market area served by such station or the market area served by a group of commonly controlled stations that carry common local or specialized programming produced within such market area; and (3) complied with other requirements applicable to LPT stations and, after the date of its license application, complies with the FCC's operating rules for full power television stations. Allows the FCC to treat non-qualifying stations as LPT stations under this Act if public interest, convenience, and necessity would be so served.
Provides that: (1) the FCC is not required to issue any additional licenses for advanced television services to the licensees of class A television stations, or to the licensees of any television translator stations; and (2) the FCC shall approve such license applications proposing facilities that will not cause interference to the service area of any other broadcast facility applied for, protected, permitted, or authorized on the date of the filing of the class A advanced television application.
States that nothing in this Act shall preempt Federal provisions concerning the allocation and assignment of new public safety services licenses and commercial licenses.
Prohibits the FCC from granting a class A license to an LPT station operating between 698 and 806 megahertz, but requires the FCC to provide to LPT stations assigned to and temporarily operating within such bandwidth the opportunity to meet the licensing requirements.
Prohibits the FCC from granting a class A license to an LPT station operating on a channel that includes any one of the 175 additional channels referenced within a certain FCC Memorandum of Opinion and Order of Reconsideration. Directs the FCC to identify such channels within 18 months after the enactment of this Act.
Prohibits the FCC from granting a class A license unless the applicant or licensee shows that the station for which such license or modification is sought will not cause interference within the predicted Grade B contour of: (1) other television stations transmitting in analog format, or certain digital service areas, including licensed or authorized LPT stations; or (2) 80 miles from the geographic center of certain listed areas, including the 482-488 megahertz band in New York. | Community Broadcasters Protection Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Shutdown Prevention
Act''.
SEC. 2. CONTINUING FUNDING.
(a) In General.--If any regular appropriation bill for any fiscal
year does not become law prior to the beginning of these fiscal years
or a joint resolution making continuing appropriations is not in
effect, there is appropriated, out of any moneys in the Treasury not
otherwise appropriated, and out of applicable corporate or other
revenues, receipts, and funds, such sums as may be necessary to
continue any program, project, or activity for which funds were
provided in those fiscal years.
(b) Level of Funding.--Appropriations and funds made available, and
authority granted, for a program, project, or activity for any fiscal
year pursuant to this Act shall be at 100 percent of the rate of
operations that was provided for the program, project, or activity in
fiscal year 1999 in the corresponding regular appropriation Act for
fiscal year 1999.
(c) Period of Availability.--Appropriations and funds made
available, and authority granted, for any fiscal year pursuant to this
Act for a program, project, or activity shall be available for the
period beginning with the first day of a lapse in appropriations and
ending with the earlier of--
(1) the date on which the applicable regular appropriation
bill for any fiscal year becomes law (whether or not that law
provides for that program, project, or activity) or a
continuing resolution making appropriations becomes law, as the
case may be; or
(2) the last day of any fiscal year.
SEC. 3. TERMS AND CONDITIONS.
(a) In General.--An appropriation of funds made available, or
authority granted, for a program, project, or activity for any fiscal
year pursuant to this Act shall be made available to the extent and in
the manner which would be provided by the pertinent appropriations Act
for fiscal year 1999, including all of the terms and conditions and the
apportionment schedule imposed with respect to the appropriation made
or funds made available for fiscal year 1999 or authority granted for
the program, project, or activity under current law.
(b) Extent and Manner.--Appropriations made by this Act shall be
available to the extent and in the manner which would be provided by
the pertinent appropriations Act.
SEC. 4. COVERAGE.
Appropriations and funds made available, and authority granted, for
any program, project, or activity for any fiscal year pursuant to this
Act shall cover all obligations or expenditures incurred for that
program, project, or activity during the portion of any fiscal year for
which this Act applies to that program, project, or activity.
SEC. 5. EXPENDITURES.
Expenditures made for a program, project, or activity for any
fiscal year pursuant to this Act shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of any fiscal year providing for that program, project, or activity
for that period becomes law.
SEC. 6. INITIATING OR RESUMING A PROGRAM, PROJECT, OR ACTIVITY.
No appropriation or funds made available or authority granted
pursuant to this Act shall be used to initiate or resume any program,
project, or activity for which appropriations, funds, or other
authority were not available during fiscal year 1999.
SEC. 7. PROTECTION OF OTHER OBLIGATIONS.
Nothing in this Act shall be construed to effect Government
obligations mandated by other law, including obligations with respect
to Social Security, Medicare, Medicaid, and veterans benefits.
SEC. 8. DEFINITION.
In this Act, the term ``regular appropriation bill'' means any
annual appropriation bill making appropriations, otherwise making funds
available, or granting authority, for any of the following categories
of programs, projects, and activities:
(1) Agriculture, rural development, and related agencies
programs.
(2) The Departments of Commerce, Justice, and State, the
judiciary, and related agencies.
(3) The Department of Defense.
(4) The government of the District of Columbia and other
activities chargeable in whole or in part against the revenues
of the District.
(5) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
(6) The Departments of Veterans Affairs and Housing and
Urban Development, and sundry independent agencies, boards,
commissions, corporations, and offices.
(7) Energy and water development.
(8) Foreign assistance and related programs.
(9) The Department of the Interior and related agencies.
(10) Military construction.
(11) The Department of Transportation and related agencies.
(12) The Treasury Department, the U.S. Postal Service, the
Executive Office of the President, and certain independent
agencies.
(13) The legislative branch. | Government Shutdown Prevention Act - Provides for continuing appropriations (at 100 percent of the rate of operations provided for in FY 1999) in the absence of regular appropriations for any fiscal year. | Government Shutdown Prevention Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Infrastructure Financing
Act of 1999''.
SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.
Section 601(a) of the Federal Water Pollution Control Act (33
U.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all
that follows through the period at the end and inserting ``to
accomplish the purposes of this Act.''.
SEC. 3. CAPITALIZATION GRANTS AGREEMENTS.
(a) Requirements for Construction of Treatment Works.--Section
602(b)(6) of the Federal Water Pollution Control Act (33 U.S.C.
1382(b)(6)) is amended--
(1) by striking ``before fiscal year 1995''; and
(2) by striking ``201(b)'' and all that follows through
``218,'' and inserting ``211,''.
(b) Guidance for Small Systems.--Section 602 of the Federal Water
Pollution Control Act (33 U.S.C. 1382) is amended by adding at the end
the following:
``(c) Guidance for Small Systems.--
``(1) Simplified procedures.--Not later than 1 year after
the date of enactment of this subsection, the Administrator
shall assist the States in establishing simplified procedures
for small systems to obtain assistance under this title.
``(2) Publication of manual.--Not later than 1 year after
the date of enactment of this subsection, and after providing
notice and opportunity for public comment, the Administrator
shall publish a manual to assist small systems in obtaining
assistance under this title and publish in the Federal Register
notice of the availability of the manual.
``(3) Definition of small system.--In this title, the term
`small system' means a system for which a municipality or
intermunicipal, interstate, or State agency seeks assistance
under this title and that serves a population of 20,000 or
fewer inhabitants.''.
SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS.
(a) Activities Eligible for Assistance.--Section 603 of the Federal
Water Pollution Control Act (33 U.S.C. 1383) is amended by striking
subsection (c) and inserting the following:
``(c) Activities Eligible for Assistance.--
``(1) In general.--The water pollution control revolving
fund of a State shall be used only for providing financial
assistance for activities that have, as a principal benefit,
the improvement or protection of the water quality of navigable
waters to a municipality, intermunicipal, interstate, or State
agency, or other person, including activities such as--
``(A) construction of a publicly owned treatment
works;
``(B) implementation of lake protection programs
and projects under section 314;
``(C) implementation of a nonpoint source
management program under section 319;
``(D) implementation of a estuary conservation and
management plan under section 320;
``(E) restoration or protection of publicly or
privately owned riparian areas, including acquisition
of property rights;
``(F) implementation of measures to improve the
efficiency of public water use;
``(G) development and implementation of plans by a
public recipient to prevent water pollution; and
``(H) acquisition of land necessary to meet any
mitigation requirements related to construction of a
publicly owned treatment works.
``(2) Fund amounts.--
``(A) Repayments.--The water pollution control
revolving fund of a State shall be established,
maintained, and credited with repayments.
``(B) Availability.--The balance in the fund shall
be available in perpetuity for providing financial
assistance described in paragraph (1).
``(C) Fees.--Fees charged by a State to recipients
of the assistance may be deposited in the fund and may
be used only to pay the cost of administering this
title.''.
(b) Extended Repayment Period for Disadvantaged Communities.--
Section 603(d)(1) of the Federal Water Pollution Control Act (33 U.S.C.
1383(d)(1)) is amended--
(1) in subparagraph (A), by inserting after ``20 years''
the following: ``or, in the case of a disadvantaged community,
the lesser of 40 years or the expected life of the project to
be financed with the proceeds of the loan''; and
(2) in subparagraph (B), by striking ``not later than 20
years after project completion'' and inserting ``on the
expiration of the term of the loan''.
(c) Loan Guarantees for Innovative Technology.--Section 603(d) of
the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended
by striking paragraph (5) and inserting the following:
``(5) to provide loan guarantees for--
``(A) similar revolving funds established by
municipalities or intermunicipal agencies; and
``(B) developing and implementing innovative
technologies;''.
(d) Administrative Expenses.--Section 603(d)(7) of the Federal
Water Pollution Control Act (33 U.S.C. 1383(d)(7)) is amended by
inserting before the period at the end the following: ``or the greater
of $400,000 per year or an amount equal to \1/2\ percent per year of
the current valuation of the fund, plus the amount of any fees
collected by the State under subsection (c)(2)(C)''.
(e) Technical and Planning Assistance for Small Systems.--Section
603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d))
is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) to provide to small systems technical and planning
assistance and assistance in financial management, user fee
analysis, budgeting, capital improvement planning, facility
operation and maintenance, repair schedules, and other
activities to improve wastewater treatment plant operations,
except that the amounts used under this paragraph for a fiscal
year shall not exceed 2 percent of all grants provided to the
fund for the fiscal year under this title.''.
(f) Consistency With Planning Requirements.--Section 603(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(f)) is amended by
striking ``is consistent'' and inserting ``is not inconsistent''.
(g) Construction Assistance.--Section 603 of the Federal Water
Pollution Control Act (33 U.S.C. 1383) is amended by striking
subsection (g) and inserting the following:
``(g) Construction Assistance.--
``(1) Priority list requirement.--The State may provide
financial assistance from the water pollution control revolving
fund of the State for a project for construction of a publicly
owned treatment works only if the project is on the priority
list of the State under section 216, without regard to the rank
of the project on the list.
``(2) Eligibility of certain treatment works.--A treatment
works shall be treated as a publicly owned treatment works for
purposes of subsection (c) if the treatment works, without
regard to ownership, would be considered a publicly owned
treatment works and is principally treating municipal waste
water or domestic sewage.''.
(h) Interest Rates.--Section 603 of the Federal Water Pollution
Control Act (33 U.S.C. 1383) is amended by adding at the end the
following:
``(i) Interest Rates.--
``(1) In general.--In any case in which a State makes a
loan under subsection (d)(1) to a disadvantaged community, the
State may charge a negative interest rate of not to exceed 2
percent to reduce the unpaid principal of the loan.
``(2) Limitation.--The aggregate amount of all negative
interest rate loans the State makes for a fiscal year under
paragraph (1) shall not exceed 20 percent of the aggregate
amount of all loans made by the State from the water pollution
control revolving fund for the fiscal year.
``(j) Definition of Disadvantaged Community.--In this section, the
term `disadvantaged community' means the service area of a publicly
owned treatment works with respect to which the average annual
residential sewage treatment charges for a user of the treatment works
meet affordability criteria established by the State in which the
treatment works is located (after providing for public review and
comment) in accordance with guidelines established by the Administrator
in cooperation with the States.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 607 of the Federal Water Pollution Control Act (33 U.S.C.
1387) is amended by striking ``the following sums:'' and all that
follows through the period at the end of paragraph (5) and inserting
``$3,000,000,000 for each of fiscal years 2001 through 2005.''. | Removes certain requirements for States with respect to construction of treatment works under capitalization grant agreements.
Directs the Administrator of the Environmental Protection Agency to assist States in establishing simplified procedures for small water systems to obtain assistance under the Act.
Requires revolving funds to be used only for providing assistance for activities that have as a principal benefit the improvement or protection of water quality of navigable waters. Adds activities to the list of those which may be assisted.
Provides for a repayment period of the lesser of 40 years or the expected life of the project to be financed with loan proceeds with respect to loans made to disadvantaged communities from revolving funds. Requires loans made from such funds to be fully amortized upon the expiration of the loan term (currently, no later than 20 years after project completion). Requires such funds to provide: (1) loan guarantees for developing and implementing innovative technologies; and (2) technical, planning, and other specified assistance to small systems.
Treats a treatment works as a publicly owned treatment works, for purposes of eligibility for construction assistance from a revolving fund, if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage.
Provides for negative interest rates of up to two percent to reduce the unpaid principal on loans from revolving funds made to disadvantaged communities.
Reauthorizes appropriations for FY 2001 through 2005 for the revolving fund program. | Clean Water Infrastructure Financing Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety and Protection
Investment Act of 2005''.
SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF SECURITY
DEVICES.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179B the following new section:
``SEC. 179C. SECURITY DEVICE PURCHASES.
``(a) Allowance of Deduction.--A taxpayer may elect to treat the
cost of any qualifying security device as an expense which is not
chargeable to capital account. Any cost so treated shall be allowed as
a deduction for the taxable year in which such device is placed in
service.
``(b) Definitions.--For purposes of this section--
``(1) Qualifying security device.--The term `qualifying
security device' means a security device (to which section 168
applies) which is acquired by purchase (as defined in section
179(d)(2)) and which is installed or placed in service in a
building which is owned or occupied by the taxpayer and which
is located in the United States.
``(2) Security device.--The term `security device' means
any of the following:
``(A) An electronic access control device or
system.
``(B) Biometric identification or verification
device or system.
``(C) Closed-circuit television or other
surveillance and security cameras and equipment.
``(D) Locks for doors and windows, including
tumbler, key, and numerical or other coded devices.
``(E) Computers and software used to combat
cyberterrorism.
``(F) Electronic alarm systems to provide detection
notification and off-premises transmission of an
unauthorized entry, attack, or fire.
``(G) An electronic device capable of tracking or
verifying the presence of assets.
``(H) High efficiency air filtering systems.
``(I) Mechanical and non-mechanical vehicle
arresting barricades.
``(J) Metal detectors.
``(K) Signal repeating devices for emergency
response personnel wireless communication systems.
``(L) Components, wiring, system displays,
terminals, auxiliary power supplies, computer systems,
software, networking infrastructure and other equipment
necessary or incidental to the operation of any item
described in any of the preceding subparagraphs.
``(3) Building.--The term `building' includes any structure
or part of a structure used for commercial, retail, or business
purposes.
``(c) Special Rules.--
``(1) Basis reduction.--For purposes of this subtitle, if a
deduction is allowed under this section with respect to the
purchase of a qualifying security device, the basis of such
device shall be reduced by the amount of the deduction so
allowed.
``(2) Certain rules to apply.--Rules similar to the rules
of section 179(b)(3), section 179(c), and paragraphs (3), (4),
(8), and (10) of section 179(d), shall apply for purposes of
this section.''.
(b) Conforming and Clerical Amendments.--
(1) Section 263(a)(1) of such Code is amended by striking
``or'' at the end of subparagraph (H), by striking the period
at the end of subparagraph (I) and inserting ``, or'', and by
inserting after subparagraph (I) the following new
subparagraph:
``(J) expenditures for which a deduction is allowed
under section 179C.''.
(2) Section 312(k)(3)(B) of such Code is amended by
striking ``or 179B'' each place it appears in the heading and
text and inserting ``179B, or 179C''.
(3) Section 1016(a) of such Code 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
inserting after paragraph (31) the following new paragraph:
``(32) to the extent provided in section 179C(d)(1),''.
(4) Section 1245(a) of such Code is amended by inserting
``179C,'' after ``179B,'' both places it appears in paragraphs
(2)(C) and (3)(C).
(5) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 179B the following new item:
``Sec. 179C. Security device purchases.''.
(c) Effective Date.--The amendments made by this Act shall apply to
taxable years ending after the date of the enactment of this Act. | Public Safety and Protection Investment Act of 2005 - Amends the Internal Revenue Code to allow individual and corporate taxpayers to expense (i.e., claim a full tax deduction in the current taxable year) the costs of purchasing and installing certain qualifying security devices. | To amend the Internal Revenue Code of 1986 to allow businesses to expense qualified security devices. |
SECTION. 1. DEMONSTRATION PROJECT FOR MEDICAL ADULT DAY CARE SERVICES.
(a) Establishment.--Subject to the succeeding provisions of this
section, the Secretary of Health and Human Services shall establish a
demonstration project (in this section referred to as the
``demonstration project'') under which the Secretary shall, as part of
a plan of an episode of care for home health services established for a
medicare beneficiary, permit a home health agency, directly or under
arrangements with a medical adult day care facility, to provide medical
adult day care services as a substitute for a portion of home health
services that would otherwise be provided in the beneficiary's home.
(b) Payment.--
(1) In general.--The amount of payment for an episode of
care for home health services, a portion of which consists of
substitute medical adult day care services, under the
demonstration project shall be made at a rate equal to 95
percent of the amount that would otherwise apply for such home
health services under section 1895 of the Social Security Act
(42 U.S.C. 1395fff). In no case may a home health agency, or a
medical adult day care facility under arrangements with a home
health agency, separately charge a beneficiary for medical
adult day care services furnished under the plan of care.
(2) Budget neutrality for demonstration project.--
Notwithstanding any other provision of law, the Secretary shall
provide for an appropriate reduction in the aggregate amount of
additional payments made under section 1895 of the Social
Security Act (42 U.S.C. 1395fff) to reflect any increase in
amounts expended from the Trust Funds as a result of the
demonstration project conducted under this section.
(c) Demonstration Project Sites.--The project established under
this section shall be conducted in not more than 5 States selected by
the Secretary that license or certify providers of services that
furnish medical adult day care services.
(d) Duration.--The Secretary shall conduct the demonstration
project for a period of 3 years.
(e) Voluntary Participation.--Participation of medicare
beneficiaries in the demonstration project shall be voluntary. The
total number of such beneficiaries that may participate in the project
at any given time may not exceed 15,000.
(f) Preference in Selecting Agencies.--In selecting home health
agencies to participate under the demonstration project, the Secretary
shall give preference to those agencies that are currently licensed or
certified through common ownership and control to furnish medical adult
day care services.
(g) Waiver Authority.--The Secretary may waive such requirements of
title XVIII of the Social Security Act as may be necessary for the
purposes of carrying out the demonstration project, other than waiving
the requirement that an individual be homebound in order to be eligible
for benefits for home health services.
(h) Evaluation and Report.--The Secretary shall conduct an
evaluation of the clinical and cost effectiveness of the demonstration
project. Not later 30 months after the commencement of the project, the
Secretary shall submit to Congress a report on the evaluation, and
shall include in the report the following:
(1) An analysis of the patient outcomes and costs of
furnishing care to the medicare beneficiaries participating in
the project as compared to such outcomes and costs to
beneficiaries receiving only home health services for the same
health conditions.
(2) Such recommendations regarding the extension,
expansion, or termination of the project as the Secretary
determines appropriate.
(i) Definitions.--In this section:
(1) Home health agency.--The term ``home health agency''
has the meaning given such term in section 1861(o) of the
Social Security Act (42 U.S.C. 1395x(o)).
(2) Medical adult day care facility.--The term ``medical
adult day care facility'' means a facility that--
(A) has been licensed or certified by a State to
furnish medical adult day care services in the State
for a continuous 2-year period;
(B) is engaged in providing skilled nursing
services and other therapeutic services directly or
under arrangement with a home health agency;
(C) meets such standards established by the
Secretary to assure quality of care and such other
requirements as the Secretary finds necessary in the
interest of the health and safety of individuals who
are furnished services in the facility; and
(D) provides medical adult day care services.
(3) Medical adult day care services.--The term ``medical
adult day care services'' means--
(A) home health service items and services
described in paragraphs (1) through (7) of section
1861(m) furnished in a medical adult day care facility;
(B) a program of supervised activities furnished in
a group setting in the facility that--
(i) is designed to promote physical and
mental health of the individuals; and
(ii) meet such criteria as the Secretary
determines appropriate; and
(C) such other services as the Secretary may
specify.
(4) Medicare beneficiary.--The term ``medicare
beneficiary'' means an individual entitled to benefits under
part A of this title, enrolled under part B of this title, or
both. | Directs the Secretary of Health and Human Services to establish a demonstration project under which the Secretary shall, as part of a plan of an episode of care for home health services established for a Medicare beneficiary, permit a home health agency, directly or under arrangements with a medical adult day care facility, to provide medical adult day care services as a substitute for a portion of home health services that would otherwise be provided in the beneficiary's home. | To amend title XVIII of the Social Security Act to direct the Secretary of Health and Human Services to carry out a demonstration program under the Medicare Program to examine the clinical and cost effectiveness of providing medical adult day care center services to Medicare beneficiaries. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection from Rogue Oil Traders
Engaging in Computerized Trading Act'' or the ``PROTECT Act''.
SEC. 2. REQUIREMENTS APPLICABLE TO HIGH FREQUENCY TRADERS OF COMMODITY
FUTURES AND OPTIONS.
(a) In General.--The Commodity Exchange Act (7 U.S.C. 1 et seq.) is
amended by inserting after section 4t the following:
``SEC. 4U. REQUIREMENTS APPLICABLE TO HIGH FREQUENCY TRADERS.
``(a) Registration.--It shall be unlawful for any person to engage
in an activity that the Commission has defined in regulations as high
frequency trading, unless the person has registered with the Commission
(in such form, in such manner, and providing such information as the
Commission shall prescribe) as a high frequency trader, and the
registration has not expired or been suspended or revoked.
``(b) Other Requirements.--A registered high frequency trader
shall--
``(1) test all computer programs and algorithms used by the
trader in any high frequency trading activity and determine
whether the programs and algorithms are functioning properly,
in such manner and with such frequency as the Commission shall
prescribe in regulations;
``(2) establish and document high frequency trading system
safeguards reasonably designed to ensure the proper function of
all programs and algorithms used by the high frequency trader
including conditions and parameters relating to the automatic
termination, pausing, or cancellation of the trader's messaging
or trading activity, maximum message and trade execution rates
and order sizes, intra-day risk position limits, and market and
trade monitoring systems that are appropriate for ensuring
compliance with the system safeguards, including systems
designed to monitor market volatility and the trader's risk
position on an intra-day basis;
``(3) shall not simultaneously purchase and sell through
the same or different accounts the same commodity contract,
agreement, or transaction, unless the simultaneous purchases
and sales are of a de minimis quantity and are reported to the
Commission periodically, in a form and manner to be determined
by the Commission;
``(4) submit to the Commission semiannual reports on the
high frequency trading activities of the trader during the
period covered by the report, in such form, in such manner, and
containing such information as the Commission may require,
signed by the chief executive officer (or equivalent officer)
of the trader; and
``(5) conform with such business conduct standards as may
be prescribed by the Commission by rule or regulation that
relate to--
``(A) fraud, manipulation, and other abusive or
disruptive practices, and other practices that may
affect market integrity involving high frequency
traders (including high frequency trades that are
offered but not entered into); and
``(B) such other matters as the Commission may
determine are appropriate in the public interest or
otherwise in furtherance of the purposes of this Act,
including information necessary to develop a
classification scheme and public reports relating to
high frequency traders and trading activity and sub-
categories thereto.''.
(b) Deadline for Issuance of Rules Defining High Frequency
Trading.--Within 9 months after the date of the enactment of this Act,
the Commodity Futures Trading Commission shall prescribe final
regulations defining the activities that shall be considered to be high
frequency trading for purposes of section 4u of the Commodities
Exchange Act.
SEC. 3. FINE FOR HIGH FREQUENCY TRADING VIOLATION REQUIRED TO BE BASED
ON THE DURATION OF THE VIOLATION.
Section 9 of the Commodity Exchange Act (7 U.S.C. 13) is amended by
adding at the end the following:
``(f) Fine for High Frequency Trading Violation Required To Be
Based on the Duration of the Violation.--The amount of a fine imposed
under this Act with respect to a violation of a high frequency trading
regulation shall be determined on the basis of the number of seconds,
including fractions of seconds, during which the violation
continued.''.
SEC. 4. CIVIL PENALTIES UNDER THE COMMODITY EXCHANGE ACT.
(a) Authority of the Commodity Futures Trading Commission To Define
Meaning of ``Each Violation''.--Section 9 of the Commodity Exchange Act
(7 U.S.C. 13), as amended by section 3 of this Act, is amended by
adding at the end the following:
``(g) Authority To Define Scope of Violation.--The Commission may
define the scope of any violation for purposes of determining the
number of violations involved in any case arising under this Act.''.
(b) Enforcement Powers of the Commission.--Section 6 of such Act is
amended--
(1) in paragraph (10) of subsection (c) (7 U.S.C. 9), by
striking subparagraph (C) and inserting the following:
``(C) assess such person--
``(i) a civil penalty of not more than an
amount equal to the greater of--
``(I) $1,000,000, in the case of a
person who is an individual, for each
violation;
``(II) $10,000,000, in the case of
any person other than an individual,
for each violation;
``(III) triple the monetary gain to
the person and all other persons acting
in concert with the person, for each
such violation; or
``(IV) triple the total amount of
losses to persons proximately caused by
each such violation; or
``(ii) a civil penalty of triple the
maximum amount otherwise available under clause
(i) if the person, within 5 years preceding the
violation, has been--
``(I) found in a proceeding brought
by the Commission, or by agreement of
settlement to which the Commission is a
party, to have recklessly or willfully
violated any provision of this Act or
of the rules, regulations, or orders of
the Commission thereunder; or
``(II) convicted of any criminal
offense that involves a violation of
this Act or of the rules, regulations,
or orders of the Commission thereunder;
and'';
(2) in subsection (d) (7 U.S.C. 13b)--
(A) by inserting ``(1)'' after ``(d)'';
(B) by striking ``$140,000 or triple the monetary
gain to such person,'' and inserting ``(A) $1,000,000,
in the case of a person who is an individual, for each
violation, (B) $10,000,000, in the case of any person
other than an individual, for each violation, (C)
triple the monetary gain to the person and all other
persons acting in concert with the person, for each
such violation, or (D) triple the total amount of
losses to persons proximately caused by each such
violation,''; and
(C) by striking the period and inserting ``; and'';
and
(D) by adding after and below the end the
following:
``(2)(A) A person shall be held liable for a civil penalty
in triple the amount otherwise available for a violation under
this subsection if the person, within 5 years preceding such
violation, has been--
``(i) found in a proceeding brought by the
Commission, or by agreement of settlement to which the
Commission is a party, to have recklessly or willfully
violated any provision of this Act or the rules,
regulations, or orders of the Commission thereunder; or
``(ii) convicted of any criminal offense that
involves violation of this Act or the rules,
regulations, or orders of the Commission thereunder.''.
(c) Nonenforcement of Rules of Government or Other Violations.--
Section 6b of such Act (7 U.S.C. 13a) is amended in the 1st sentence--
(1) by striking ``$500,000 for each such violation, or, in
any case of manipulation or attempted manipulation in violation
of section 6(c), 6(d), or 9(a)(2), a civil penalty of not more
than $1,000,000 for each such violation'' and inserting ``(A)
$1,000,000, in the case of a person who is an individual, for
each violation, (B) $10,000,000, in the case of any person
other than an individual, for each violation, (C) triple the
monetary gain to the person and all other persons acting in
concert with the person, for each such violation, or (D) triple
the total amount of losses to persons proximately caused by
each such violation, and such civil penalty shall be assessed
for each violation on which a failure to enforce or other
violation occurs or has occurred; provided that a registered
entity, director, officer, agent, or employee shall be assessed
a civil penalty of triple the amount otherwise available if the
person, within 5 years of such violation, has been found in a
proceeding brought by the Commission, or by agreement of
settlement to which the Commission is a party, to have
recklessly or willfully violated any provision of this Act or
the rules, regulations, or orders of the Commission thereunder,
or convicted of any criminal offense that involves a violation
of this Act or the rules, regulations, or orders of the
Commission thereunder''.
(d) Action To Enjoin or Restrain Violations.--Section 6c(d) of such
Act (7 U.S.C. 13a-1(d)) is amended--
(1) in paragraph (1), by inserting ``a civil penalty in the
amount of'' after ``violation''; and
(2) by striking subparagraphs (A) and (B) of paragraph (1)
and inserting the following:
``(A) not more than the greater of--
``(i) ``$1,000,000, in the case of a person
who is an individual, for each violation;
``(ii) $10,000,000, in the case of any
person other than an individual, for each
violation;
``(iii) triple the monetary gain to the
person and all other persons acting in concert
with the person, for each such violation; or
``(iv) triple the total amount of losses by
persons proximately caused by each such
violation; or
``(B) triple the maximum amount otherwise available
under subparagraph (A) if the person, within 5 years
preceding the violation, has been--
``(i) found in a proceeding brought by the
Commission, or by agreement of settlement to
which the Commission is a party, to have
recklessly or willfully violated any provision
of this Act or of the rules, regulations, or
orders of the Commission thereunder; or
``(ii) convicted of any criminal offense
that involves a violation of this Act or of the
rules, regulations, or orders of the Commission
thereunder.''.
(e) Criminal Penalties.--Section 9(a) of such Act (7 U.S.C. 13(a))
is amended by inserting ``in the case of an individual or $10,000,000
in the case of any person other than an individual, for each
violation,'' after ``$1,000,000''.
(f) Statute of Limitations.--Section 9 of such Act (7 U.S.C. 13) is
amended by adding at the end the following:
``(f) Statute of Limitations.--An action, suit or proceeding for
the enforcement of any civil fine, penalty, or forfeiture, pecuniary or
otherwise, shall not be entertained unless commenced within 10 years
after the date when the claim first accrued if, within the same period,
the offender or the property is found within the United States in order
that proper service may be made thereon.''.
SEC. 5. EFFECTIVE DATES.
(a) Requirements Applicable to High Frequency Traders.--The
amendment made by section 2(a) shall take effect on the date that is 9
months after the date of the enactment of this Act.
(b) Penalties Provisions.--The amendments made by sections 3 and 4
shall take effect on the date that is 15 days after the date of the
enactment of this Act. | Protection from Rogue Oil Traders Engaging in Computerized Trading Act or PROTECT Act - Amends the Commodities Exchange Act to make it unlawful to engage in an activity that the Commodities Futures Trading Commission (CFTC) has defined as high frequency trading, unless the person has registered with the CFTC as a high frequency trader, and the registration has neither expired nor been suspended or revoked. Prescribes requirements governing high frequency trading. Requires the fine for a high frequency trading violation to be based on the number of seconds, including fractions of seconds, during which the violation continued. Authorizes the CFTC to define the scope of any violation for purposes of determining the number involved in any civil case arising under this Act. Increases the civil penalties for violations of the prohibition against manipulation and false information with respect to swaps and commodities. | PROTECT Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Law Enforcement Hate Crimes
Prevention Act of 2007''.
SEC. 2. DEFINITION OF HATE CRIME.
In this Act--
(1) the term ``crime of violence'' has the meaning given
that term in section 16, title 18, United States Code;
(2) the term ``hate crime'' has the meaning given such term
in section 280003(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (28 U.S.C. 994 note); and
(3) the term ``local'' means a county, city, town,
township, parish, village, or other general purpose political
subdivision of a State.
SEC. 3. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE,
LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance.--
(1) In general.--At the request of State, local, or Tribal
law enforcement agency, the Attorney General may provide
technical, forensic, prosecutorial, or any other form of
assistance in the criminal investigation or prosecution of any
crime that--
(A) constitutes a crime of violence;
(B) constitutes a felony under the State, local, or
Tribal laws; and
(C) is motivated by prejudice based on the actual
or perceived race, color, religion, national origin,
gender, sexual orientation, gender identity, or
disability of the victim, or is a violation of the
State, local, or Tribal hate crime laws.
(2) Priority.--In providing assistance under paragraph (1),
the Attorney General shall give priority to crimes committed by
offenders who have committed crimes in more than one State and
to rural jurisdictions that have difficulty covering the
extraordinary expenses relating to the investigation or
prosecution of the crime.
(b) Grants.--
(1) In general.--The Attorney General may award grants to
State, local, and Indian law enforcement agencies for
extraordinary expenses associated with the investigation and
prosecution of hate crimes.
(2) Office of justice programs.--In implementing the grant
program under this subsection, the Office of Justice Programs
shall work closely with grantees to ensure that the concerns
and needs of all affected parties, including community groups
and schools, colleges, and universities, are addressed through
the local infrastructure developed under the grants.
(3) Application.--
(A) In general.--Each State, local, and Indian law
enforcement agency that desires a grant under this
subsection shall submit an application to the Attorney
General at such time, in such manner, and accompanied
by or containing such information as the Attorney
General shall reasonably require.
(B) Date for submission.--Applications submitted
pursuant to subparagraph (A) shall be submitted during
the 60-day period beginning on a date that the Attorney
General shall prescribe.
(C) Requirements.--A State, local, and Indian law
enforcement agency applying for a grant under this
subsection shall--
(i) describe the extraordinary purposes for
which the grant is needed;
(ii) certify that the State, local
government, or Indian tribe lacks the resources
necessary to investigate or prosecute the hate
crime;
(iii) demonstrate that, in developing a
plan to implement the grant, the State, local,
and Indian law enforcement agency has consulted
and coordinated with nonprofit, nongovernmental
violence recovery service programs that have
experience in providing services to victims of
hate crimes; and
(iv) certify that any Federal funds
received under this subsection will be used to
supplement, not supplant, non-Federal funds
that would otherwise be available for
activities funded under this subsection.
(4) Deadline.--An application for a grant under this
subsection shall be approved or denied by the Attorney General
not later than 30 business days after the date on which the
Attorney General receives the application.
(5) Grant amount.--A grant under this subsection shall not
exceed $100,000 for any single jurisdiction in any 1-year
period.
(6) Report.--Not later than December 31, 2008, the Attorney
General shall submit to Congress a report describing the
applications submitted for grants under this subsection, the
award of such grants, and the purposes for which the grant
amounts were expended.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2008 and 2009.
SEC. 4. GRANT PROGRAM.
(a) Authority To Award Grants.--The Office of Justice Programs of
the Department of Justice may award grants, in accordance with such
regulations as the Attorney General may prescribe, to State, local, or
Tribal programs designed to combat hate crimes committed by juveniles,
including programs to train local law enforcement officers in
identifying, investigating, prosecuting, and preventing hate crimes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 5. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL,
AND TRIBAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of
Justice, including the Community Relations Service, for fiscal years
2008, 2009, and 2010 such sums as are necessary to increase the number
of personnel to prevent and respond to alleged violations of section
249 of title 18, United States Code, as added by section 7 of this Act.
SEC. 6. PROHIBITION OF CERTAIN HATE CRIME ACTS.
(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 249. Hate crime acts
``(a) In General.--
``(1) Offenses involving actual or perceived race, color,
religion, or national origin.--Whoever, whether or not acting
under color of law, willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an explosive
or incendiary device, attempts to cause bodily injury to any
person, because of the actual or perceived race, color,
religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years,
fined in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or
for life, fined in accordance with this title, or both,
if--
``(i) death results from the offense; or
``(ii) the offense includes kidnaping or an
attempt to kidnap, aggravated sexual abuse or
an attempt to commit aggravated sexual abuse,
or an attempt to kill.
``(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, gender identity,
or disability.--
``(A) In general.--Whoever, whether or not acting
under color of law, in any circumstance described in
subparagraph (B), willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an
explosive or incendiary device, attempts to cause
bodily injury to any person, because of the actual or
perceived religion, national origin, gender, sexual
orientation, gender identity or disability of any
person--
``(i) shall be imprisoned not more than 10
years, fined in accordance with this title, or
both; and
``(ii) shall be imprisoned for any term of
years or for life, fined in accordance with
this title, or both, if--
``(I) death results from the
offense; or
``(II) the offense includes
kidnaping or an attempt to kidnap,
aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or
an attempt to kill.
``(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described in this
subparagraph are that--
``(i) the conduct described in subparagraph
(A) occurs during the course of, or as the
result of, the travel of the defendant or the
victim--
``(I) across a State line or
national border; or
``(II) using a channel, facility,
or instrumentality of interstate or
foreign commerce;
``(ii) the defendant uses a channel,
facility, or instrumentality of interstate or
foreign commerce in connection with the conduct
described in subparagraph (A);
``(iii) in connection with the conduct
described in subparagraph (A), the defendant
employs a firearm, explosive or incendiary
device, or other weapon that has traveled in
interstate or foreign commerce; or
``(iv) the conduct described in
subparagraph (A)--
``(I) interferes with commercial or
other economic activity in which the
victim is engaged at the time of the
conduct; or
``(II) otherwise affects interstate
or foreign commerce.
``(b) Certification Requirement.--No prosecution of any offense
described in this subsection may be undertaken by the United States,
except under the certification in writing of the Attorney General, the
Deputy Attorney General, the Associate Attorney General, or any
Assistant Attorney General specially designated by the Attorney General
that--
``(1) such certifying individual has reasonable cause to
believe that the actual or perceived race, color, religion,
national origin, gender, sexual orientation, gender identity,
or disability of any person was a motivating factor underlying
the alleged conduct of the defendant; and
``(2) such certifying individual has consulted with State
or local law enforcement officials regarding the prosecution
and determined that--
``(A) the State does not have jurisdiction or does
not intend to exercise jurisdiction;
``(B) the State has requested that the Federal
Government assume jurisdiction;
``(C) the State does not object to the Federal
Government assuming jurisdiction; or
``(D) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated
violence.
``(c) Definitions.--In this section--
``(1) the term `explosive or incendiary device' has the
meaning given such term in section 232 of this title;
``(2) the term `firearm' has the meaning given such term in
section 921(a) of this title; and
``(3) the term `gender identity' for the purposes of this
chapter means actual or perceived gender-related
characteristics.
``(d) Rule of Evidence.--In a prosecution for an offense under this
section, evidence of expression or associations of the defendant may
not be introduced as substantive evidence at trial, unless the evidence
specifically relates to that offense. However, nothing in this section
affects the rules of evidence governing impeachment of a witness.''.
(b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 13 of title 18, United States Code, is amended
by adding at the end the following new item:
``249. Hate crime acts.''.
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to prohibit any expressive conduct protected from legal
prohibition by, or any activities protected by the free speech or free
exercise clauses of, the First Amendment to the Constitution.
Passed the House of Representatives May 3, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Local Law Enforcement Hate Crimes Prevention Act of 2007 - (Sec. 3) Defines "hate crime" as a violent act causing death or bodily injury because of the actual or perceived race, color, religion, national origin, sexual orientation, gender, gender identity or disability of the victim.
(Sec. 4) Authorizes the Attorney General, at the request of a state, local, or Tribal law enforcement agency, to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any crime that: (1) constitutes a crime of violence; (2) constitutes a felony under state, local, or Tribal laws; and (3) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim or is a violation of the state, local, or Tribal hate crime laws. Requires the Attorney General to give priority for assistance to crimes committed by offenders who have committed crimes in more than one state and to rural jurisdictions that have difficulty covering extraordinary investigation or prosecution expenses.
Authorizes the Attorney General to award grants to state, local, and Indian law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes. Requires the Department of Justice Office of Justice Programs to work closely with grant recipients to ensure that the concerns and needs of all affected parties under the grant program are addressed.
Sets forth requirements and deadlines for grant applications. Limits grant amounts to $100,000 for any single jurisdiction in any one-year period.
Requires the Attorney General to submit a report to Congress on the grant program by December 31, 2008.
Authorizes appropriations for FY2008-FY2009.
(Sec. 5) Authorizes the Office of Justice Programs to award grants to state, local, or Tribal programs designed to combat hate crimes committed by juveniles. Authorizes appropriations.
(Sec. 6) Authorizes appropriations for FY2008-FY2010 for additional personnel to prevent and respond to hate crime violations.
(Sec. 7) Amends the federal criminal code to impose a fine and/or prison term of up to 10 years on any person who willfully causes bodily injury to any person, or who, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily harm to any person, because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of such person.
Requires certification by the Attorney General or other Department of Justice official of certain findings relating to an alleged hate crime prior to initiating a prosecution for such crime.
Excludes evidence of expression or association of a defendant in a hate crime prosecution at trial, unless such evidence specifically relates to the offense being prosecuted.
(Sec. 8) Provides that nothing in this Act shall be construed to prohibit expressive conduct or activities protected by the First Amendment. | To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Business Activity Tax Simplification
Act of 2003''.
SEC. 2. REMOVAL OF CERTAIN LIMITATIONS ON THE APPLICATION OF PUBLIC LAW
86-272.
(a) Solicitations With Respect to Sales of Other Than Tangible
Personal Property.--Section 101 of the Act entitled ``An Act relating
to the power of the States to impose net income taxes on income derived
from interstate commerce, and authorizing studies by congressional
committees of matters pertaining thereto'', approved September 14, 1959
(15 U.S.C. 381 et seq.) is amended--
(1) in subsections (a) and (c), by striking ``of tangible
personal property''; and
(2) in subsection (d) by striking ``the sale of, tangible
personal property'' and inserting ``a sale,''.
(b) Application of Prohibitions to Other Business Activity Taxes.--
Title I of the Act entitled ``An Act relating to the power of the
States to impose net income taxes on income derived from interstate
commerce, and authorizing studies by congressional committees of
matters pertaining thereto'', approved September 14, 1959 (15 U.S.C.
381 et seq.) is amended by adding at the end the following:
``Sec. 105. Beginning with taxable periods beginning on or after
the first day of the first calendar year that begins after the date of
the enactment of the Business Activity Tax Simplification Act of 2003,
the prohibitions of section 101 that apply with respect to net income
taxes shall also apply with respect to each other business activity
tax, as defined in section 4 of the Business Activity Tax
Simplification Act of 2003. A State or subdivision may not assess or
collect any tax which by reason of this section the State or
subdivision may not impose.''.
(c) Effective Date of Subsection (a) Amendments.--The amendments
made by subsection (a) shall apply with respect to the imposition,
assessment, and collection of taxes for taxable periods beginning on or
after the first day of the first calendar year that begins after the
date of the enactment of the Business Activity Tax Simplification Act
of 2003.
SEC. 3. JURISDICTIONAL STANDARD FOR STATE AND LOCAL NET INCOME TAXES
AND OTHER BUSINESS ACTIVITY TAXES.
(a) In General.--Except as otherwise provided by this Act, no
taxing authority of a State shall have power to impose, assess, or
collect a net income tax or other business activity tax on any person
relating to such person's activities in interstate commerce, unless
such person has a physical presence in the State during the taxable
period with respect to which the tax is imposed.
(b) Requirements for Physical Presence.--Except as otherwise
provided by this Act, for the purposes of subsection (a), a person has
a physical presence in a State only if such person's business
activities within such State include any of the following during the
person's taxable year:
(1) Being an individual physically within the State, or
assigning one or more employees to be in such State, on more
than 21 days. However, the following shall be disregarded in
determining whether such 21-day limit has been exceeded:
(A) Activities in connection with a possible
purchase of goods or services for the business.
(B) Gathering news and covering events for print,
broadcast, or other distribution through the media.
(C) Meeting government officials for purposes other
than selling goods or services.
(D) Participation in educational or training
conferences, seminars or other similar functions.
(E) Participating in charitable activities.
(2) Using the services of another person, except an
employee, in such State, on more than 21 days to establish or
maintain the market in that State, unless that other person
performs similar functions on behalf of at least one additional
business entity during the taxable year.
(3) The leasing or owning of tangible personal property or
real property in such State on more than 21 days. However, the
following shall be disregarded in determining whether such 21-
day limit has been exceeded:
(A) Tangible property located in the State for
purposes of being assembled, manufactured, processed,
or tested by another person for the benefit of the
owner or lessee, or used to furnish a service to the
owner or lessee by another person.
(B) Marketing or promotional materials distributed
in a State using mail or a common carrier, or as
inserts in or components of publications.
(C) Any property to the extent used ancillary to an
activity excluded from the computation of the 21-day
period under paragraph (1) or (2).
(c) Taxable Periods not Consisting of a Year.--If the taxable
period for which the tax is imposed is not a year, then any
requirements expressed in days for establishing physical presence under
this Act shall be adjusted pro rata accordingly.
(d) Exceptions.--
(1) Domestic business entities and individuals domiciled in
the state.--Subsection (a) does not apply with respect to--
(A) a person (other than an individual) that is
incorporated or formed under the laws of the State or
commercially domiciled in the State in which the tax is
imposed; or
(B) an individual who is domiciled in the State.
(2) Taxation of partners and similar persons.--If a taxing
authority is not prohibited by this section from taxing an
entity that is a partnership, a Subchapter S corporation, a
limited liability company, a trust, or an estate, or another
similar entity, that taxing authority is also not prohibited by
this section from taxing the owners or beneficiaries of the
entity, if State law imposes the tax not on the entity itself
but on the entity's owners or beneficiaries, whether or not
they are in the State, with respect to their ownership interest
in the entity.
(3) Certain activities.--With respect to the following,
subsection (b) shall be read by substituting ``one day'' for
``more than 21 days'':
(A) The sale within the State of tangible personal
property, where delivery of the property originates and
is completed within that State.
(B) The performance of services to real property
within the State.
(4) Exception relating to certain performances and sporting
events.--With respect to the taxation of one of the following,
subsection (b) shall be read by substituting ``one day'' for
``more than 21 days'':
(A) A live performance in the State, before a live
audience of more than 100 individuals.
(B) A live sporting event in the State before more
than 100 spectators present at the event.
SEC. 4. DEFINITIONS.
The following definitions apply in this Act:
(1) Net income tax.--The term ``net income tax'' has the
meaning given that term for the purposes of the Act entitled
``An Act relating to the power of the States to impose net
income taxes on income derived from interstate commerce, and
authorizing studies by congressional committees of matters
pertaining thereto'', approved September 14, 1959 (15 U.S.C.
381 et seq.).
(2) Other business activity tax.--
(A) The term ``other business activity tax''
means--
(i) a tax imposed on or measured by gross
receipts, gross income, or gross profits;
(ii) a business licence tax;
(iii) a business and occupation tax;
(iv) a franchise tax;
(v) a single business tax or a capital
stock tax; or
(vi) any other tax imposed by a State on a
business for the right to do business in that
State or measured by the amount of, or economic
results of, business or related activity
conducted in that State.
(B) The term ``other business activity tax'' does
not include a transaction tax.
(3) State.--The term ``State'' means any of the several
States, the District of Columbia, or any territory or
possession of the United States, and any political subdivision
thereof.
SEC. 5. GENERAL MATTERS.
(a) Rule of Construction.--The limitation on the power of a State
imposed by section 3 does not affect any other limitation on that power
imposed by other law.
(b) Effective Date.--This Act applies with respect to taxable
periods beginning on and after the first day of the first year that
begins after the date of enactment of this Act. | Business Activity Tax Simplification Act of 2003 - Amends Federal law concerning the taxation of interstate commerce to expand the scope of the protections prohibiting taxation by jurisdictions of the income of out-of-state corporations whose in-state presence is nominal from just tangible personal property to include intangible property and services.
Requires an out-of-state company to have a physical presence in a State before the State can impose franchise taxes, business license taxes, and other business activity taxes. | To regulate certain State taxation of interstate commerce, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family and Medical Leave Enhancement
Act of 2008''.
SEC. 2. ELIGIBLE EMPLOYEE.
Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``less than 50'' each
place it appears and inserting ``fewer than 25''.
SEC. 3. ENTITLEMENT TO ADDITIONAL LEAVE FOR PARENTAL INVOLVEMENT.
(a) Leave Requirement.--Section 102(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end
the following new paragraph:
``(5) Entitlement to additional leave for parental
involvement.--
``(A) In general.--Subject to subparagraph (B) and
section 103(g), an eligible employee shall be entitled
to leave under this paragraph to participate in or
attend an activity that--
``(i) is sponsored by a school or community
organization; and
``(ii) relates to a program of the school
or organization that is attended by a son or
daughter or a grandchild of the employee.
``(B) Limitations.--
``(i) In general.--An eligible employee is
entitled to--
``(I) not to exceed 4 hours of
leave under this paragraph during any
30-day period; and
``(II) not to exceed 24 hours of
leave under this paragraph during any
12-month period.
``(ii) Coordination rule.--Leave under this
paragraph shall be in addition to any leave
provided under any other paragraph of this
subsection.
``(C) Definitions.--As used in this paragraph:
``(i) School.--The term `school' means an
elementary school or secondary school (as such
terms are defined in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801)), a Head Start program
assisted under the Head Start Act (42 U.S.C.
9831 et seq.), and a child care facility
licensed under State law.
``(ii) Community organization.--The term
`community organization' means a private
nonprofit organization that is representative
of a community or a significant segment of a
community and provides activities for
individuals described in subparagraph (A) or
(B) of section 101(12), such as a scouting or
sports organization.''.
(b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1))
is amended by inserting after the third sentence the following new
sentence: ``Leave under subsection (a)(5) may be taken intermittently
or on a reduced leave schedule.''.
(c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29
U.S.C. 2612(d)(2)) is amended by adding at the end the following new
subparagraph:
``(C) Parental involvement leave.--An eligible
employee may elect, or an employer may require the
employee, to substitute any of the accrued paid
vacation leave, personal leave, or family leave of the
employee for any leave under subsection (a)(5).''.
(d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is
amended by adding at the end the following new paragraph:
``(4) Notice relating to parental involvement leave.--In
any case in which an employee requests leave under paragraph
(5) of subsection (a), the employee shall provide the employer
with not less than 7 days' notice, before the date the leave is
to be taken, of the employee's intention to take leave under
such paragraph.''.
(e) Spouses Employed by the Same Employer.--Section 102(f) of such
Act (29 U.S.C. 2612(f)) is amended by adding at the end the following
new paragraph:
``(3) Parental involvement leave.--In any case in which a
husband and wife entitled to leave under paragraph (5) of
subsection (a) are employed by the same employer, the aggregate
amount of leave to which both may be entitled under such
paragraph may be limited to--
``(A) 4 hours during the same 30-day period; and
``(B) 24 hours during the same 12-month period.''.
(f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended by adding at the end the following new subsection:
``(g) Certification Related to Parental Involvement Leave.--An
employer may require that a request for leave under section 102(a)(5)
be supported by a certification issued at such time and in such manner
as the Secretary may by regulation prescribe.''.
SEC. 4. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL
INVOLVEMENT.
(a) Leave Requirement.--Section 6382(a) of title 5, United States
Code, is amended by adding at the end the following new paragraph:
``(5)(A) Subject to subparagraph (B)(i) and section 6383(f), an
employee shall be entitled to leave under this paragraph to participate
in or attend an activity that--
``(i) is sponsored by a school or community organization;
and
``(ii) relates to a program of the school or organization
that is attended by a son or daughter or a grandchild of the
employee.
``(B)(i) An employee is entitled to--
``(I) not to exceed 4 hours of leave under this paragraph
during any 30-day period; and
``(II) not to exceed 24 hours of leave under this paragraph
during any 12-month period.
``(ii) Leave under this paragraph shall be in addition to any leave
provided under any other paragraph of this subsection.
``(C) For the purpose of this paragraph--
``(i) the term `school' means an elementary school or
secondary school (as such terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965), a Head
Start program assisted under the Head Start Act, and a child
care facility licensed under State law; and
``(ii) the term `community organization' means a private
nonprofit organization that is representative of a community or
a significant segment of a community and provides activities
for individuals described in subparagraph (A) or (B) of section
6381(6), such as a scouting or sports organization.''.
(b) Schedule.--Section 6382(b)(1) of such title is amended--
(1) by inserting after the second sentence the following
new sentence: ``Leave under subsection (a)(5) may be taken
intermittently or on a reduced leave schedule.''; and
(2) in the last sentence, by striking ``involved,'' and
inserting ``involved (or, in the case of leave under subsection
(a)(5), for purposes of any 30-day or 12-month period),''.
(c) Substitution of Paid Leave.--Section 6382(d) of such title is
amended by adding at the end the following new sentence: ``An employee
may elect to substitute for leave under subsection (a)(5), any of the
employee's accrued or accumulated annual leave under subchapter I.''.
(d) Notice.--Section 6382(e) of such title is amended by adding at
the end the following new paragraph:
``(3) In any case in which an employee requests leave under
paragraph (5) of subsection (a), the employee shall provide the
employing agency with not less than 7 days' notice, before the date the
leave is to be taken, of the employee's intention to take leave under
such paragraph.''.
(e) Certification.--Section 6383(f) of such title is amended by
striking ``6382(a)(3)'' and inserting ``paragraph (3) or (5) of section
6382(a)''.
SEC. 5. CLARIFICATION OF ENTITLEMENT TO LEAVE.
(a) In General.--
(1) Family and medical leave act of 1993.--Section
102(a)(1) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(a)(1)) is amended by adding at the end the
following new subparagraphs:
``(F) In order to meet routine family medical care
needs, including transportation of a son, daughter, or
grandchild for medical and dental appointments for
annual checkups and vaccinations.
``(G) In order to meet the routine family medical
care needs of elderly individuals who are related to
the eligible employee, including visits to nursing
homes and group homes.''.
(2) Title 5.--Section 6382(a)(1) of title 5, United States
Code, is amended by adding at the end the following new
subparagraphs:
``(E) In order to meet routine family medical care needs,
including transportation of a son, daughter, or grandchild for
medical and dental appointments for annual checkups and
vaccinations.
``(F) In order to meet the routine family medical care
needs of elderly individuals who are related to the employee,
including visits to nursing homes and group homes.''.
(b) Schedule.--
(1) Family and medical leave act of 1993.--The first
sentence of section 102(b)(1) of such Act (29 U.S.C.
2612(b)(1)) is amended by striking ``subparagraph (A) or (B)''
and inserting ``subparagraph (A), (B), (F), or (G)''.
(2) Title 5.--The first sentence of section 6382(b)(1) of
such title is amended by striking ``subparagraph (A) or (B)''
and inserting ``subparagraph (A), (B), (E), or (F)''.
(c) Substitution of Paid Leave.--
(1) Family and medical leave act of 1993.--Section
102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended by
adding after subparagraph (C) (as added by section 3(c)) the
following new subparagraph:
``(D) Routine family medical care needs.--An
eligible employee may elect, or an employer may require
the employee, to substitute any of the accrued paid
vacation leave, personal leave, or medical or sick
leave of the employee for leave provided under
subparagraph (F) or (G) of subsection (a)(1) for any
part of the 12-week period of such leave under such
subsection, except that nothing in this title shall
require an employer to provide paid sick leave or paid
medical leave in any situation in which such employer
would not normally provide any such paid leave.''.
(2) Title 5.--Section 6382(d) of such title is amended by
striking ``or (D)'' and inserting ``(D), (E), or (F)''.
(d) Notice.--
(1) Family and medical leave act of 1993.--Section 102(e)
of such Act (29 U.S.C. 2612(e)) is amended by adding after
paragraph (4) (as added by section 3(d)) the following new
paragraph:
``(5) Routine family medical care needs.--In any case in
which the necessity for leave under subparagraph (F) or (G) of
subsection (a)(1) is foreseeable based on a planned
appointment, visit, or other commitment, the employee--
``(A) shall make a reasonable effort to schedule
the leave so as not to disrupt unduly the operations of
the employer, subject to the approval of the health
care provider involved (if any); and
``(B) shall provide the employer with not less than
30 days' notice, before the day the leave is to be
taken, of the employee's intention to take leave under
such subparagraph, except that if the leave is to be
taken in less than 30 days, the employee shall provide
such notice as is practicable.''.
(2) Title 5.--Section 6382(e) of such title is amended by
adding after paragraph (3) (as added by section 4(d)) the
following new paragraph:
``(4) In any case in which the necessity for leave under
subparagraph (E) or (F) of subsection (a)(1) is foreseeable
based on a planned appointment, visit, or other commitment, the
employee--
``(A) shall make a reasonable effort to schedule
the leave so as not to disrupt unduly the operations of
the employer, subject to the approval of the health
care provider involved (if any); and
``(B) shall provide the employer with not less than
30 days' notice, before the day the leave is to be
taken, of the employee's intention to take leave under
such subparagraph, except that if the leave is to be
taken in less than 30 days, the employee shall provide
such notice as is practicable.''.
(e) Spouses Employed by Same Employer.--Section 102(f)(1) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2612(f)(1)) is amended
by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph
(A), (B), (F), or (G)''.
(f) Certification.--
(1) Family and medical leave act of 1993.--Section 103(g)
of such Act, as added by section 3(f), is amended by striking
``102(a)(5)'' and inserting ``paragraph (1)(F), (1)(G), or (5)
of section 102(a)''.
(2) Title 5.--Section 6383(f) of such title (as amended by
section 4(e)) is further amended by striking ``paragraph (3) or
(5)'' (as inserted by section 4(e)) and inserting the
following: ``paragraph (1)(E), (1)(F), (3), or (5)''.
SEC. 6. DEFINITION OF GRANDCHILD.
(a) Non-Civil-Service Employees.--Section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the
end the following new paragraph:
``(14) Grandchild.--The term `grandchild' means a son or
daughter of an employee's son or daughter.''.
(b) Civil Service Employees.--Section 6381 of title 5, United
States Code, is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) the term `grandchild' means a son or daughter of an
employee's son or daughter.''. | Family and Medical Leave Enhancement Act of 2008 - Amends the Family and Medical Leave Act of 1993 (FMLA) to cover employees at worksites that employ fewer than 50 employees, but not fewer than 25 employees. Continues to exempt from FMLA coverage employees at worksites that employ fewer than 25 employees (currently 50), if the total number of employees employed by that employer within 75 miles of that worksite is fewer than 25 (currently 50).
Allows an employee covered by FMLA to take up to 4 hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend activities that: (1) are sponsored by a school or community organization; and (2) relate to a program of the school or organization that is attended by the employee's child or grandchild.
Allows the aggregate amount of parental involvement leave for a husband and wife employed by the same employer to be limited to the amount allowed for one employee.
Applies the parental involvement leave allowance to federal employees.
Includes under FMLA entitlement leave to meet routine family medical care needs, including: (1) transportation of a child or grandchild for medical and dental appointments for annual checkups and vaccinations; and (2) care of an elderly individual related to the employee, including visits to nursing homes and group homes. Allows the aggregate amount of such leave for a husband and wife employed by the same employer to be limited to the amount allowed for one employee.
Allows an employee to elect, or an employer to require, substitution of any of the paid or family leave of the employee for any leave provided under this Act.
Imposes requirements of notification by the employee of leave requests. Allows an employer to require certification supporting such requests. | To amend the Family and Medical Leave Act of 1993 to allow employees to take, as additional leave, parental involvement leave to participate in or attend their children's and grandchildren's educational and extracurricular activities and to clarify that leave may be taken for routine family medical needs and to assist elderly relatives, and for other purposes. |
SECTION 1. 21ST CENTURY WATER COMMISSION.
(a) Establishment.--There is established a commission to be known
as the 21st Century Water Commission (in this section referred to as
the ``Commission'').
(b) Duties.--The duties of the Commission shall be to--
(1) use existing water studies and assessments and conduct
such additional studies and assessments as may be necessary,
including studies and assessments on climate change impacts,
to--
(A) project future water supply needs and demand;
(B) develop national and regional assessments on
flood risk and water availability; and
(C) develop national and regional trends related to
water quality;
(2) study current water management programs of Federal,
interstate, State, and local agencies and private sector
entities directed at increasing water supplies, managing flood
risk, and improving the availability, reliability, and quality
of water resources; and
(3) develop recommendations, in consultation with
representatives of such agencies and entities, for a
comprehensive water strategy that--
(A) identifies incentives to ensure an adequate and
dependable supply of water to meet the needs of the
United States for the next 50 years;
(B) considers all available technologies and other
methods to optimize water supply reliability,
availability, and quality, while safeguarding and
enhancing the environment;
(C) suggests financing options, incentives, and
opportunities for development of comprehensive
watershed management plans, regional watershed
planning, holistically designed water resources
projects, and increased use of nonstructural elements
(including green infrastructure and low impact
development techniques);
(D) encourages, to the maximum extent practicable,
the integration of flood control and water supply
projects, including recommendations for capturing
excess water and flood water for conservation and
reuse;
(E) suggests options to promote the use of, and
reduce biases against, nonstructural elements
(including green infrastructure and low impact
development techniques) when managing stormwater,
including features that--
(i) preserve and restore natural processes,
landforms (such as floodplains), natural
storage, natural vegetated stream side buffers,
wetlands, or other topographical features;
(ii) utilize natural design techniques that
infiltrate, filter, store, evaporate, and
detain water close to its source; or
(iii) minimize the use of impervious
surfaces;
(F) encourages the avoidance and minimization of
adverse impacts to natural systems, and where possible,
the restoration of natural systems; and
(G) addresses other objectives related to a
comprehensive water strategy which the Commission shall
consider appropriate.
(c) Development of a Comprehensive Water Strategy.--
(1) Impacts of climate change.--In developing
recommendations for a comprehensive water strategy, the
Commission shall--
(A) evaluate the effectiveness of existing hazard
mitigation strategies and contingency planning
provisions for Federal, interstate, State, and local
water management programs in light of climate change
impacts, including sea level rise, changing weather
patterns, increased risk of flooding or drought, and
associated impacts to water quality;
(B) consider and evaluate the impacts of climate
change;
(C) include strategies for using best available
climate science in projections of future flood and
drought risk, and for developing hazard mitigation
strategies to protect water quality in extreme weather
conditions caused by climate change; and
(D) identify adaptation techniques, or further
research needs of adaptation techniques, for responding
to climate change impacts.
(2) Policy considerations.--In developing recommendations
for a comprehensive water strategy, the Commission shall--
(A) respect the primary role of States in
adjudicating, administering, and regulating water
rights and water uses;
(B) identify whether recommendations are consistent
with existing laws, treaties, decrees, and interstate
compacts;
(C) identify duplication among Federal governmental
programs, and make recommendations to improve
coordination among Federal, interstate, State, and
local agencies; and
(D) avoid suggesting strategies for increased
mandates on State and local governments.
(d) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 11 members who shall be appointed, not later than
90 days after the date of enactment of this Act, as follows:
(A) 3 members appointed by the President.
(B) 3 members appointed by the Speaker of the House
of Representatives from a list of 6 individuals--
(i) 3 nominated for that appointment by the
chairman of the Committee on Transportation and
Infrastructure of the House of Representatives;
and
(ii) 3 nominated for that appointment by
the chairman of the Committee on Natural
Resources of the House of Representatives.
(C) 3 members appointed by the majority leader of
the Senate from a list of 6 individuals--
(i) 3 nominated for that appointment by the
chairman of the Committee on Environment and
Public Works of the Senate; and
(ii) 3 nominated for that appointment by
the chairman of the Committee on Energy and
Natural Resources of the Senate.
(D) 1 member appointed by the minority leader of
the House of Representatives from a list of 2
individuals--
(i) 1 nominated for that appointment by the
ranking member of the Committee on
Transportation and Infrastructure of the House
of Representatives; and
(ii) 1 nominated for that appointment by
the ranking member of the Committee on Natural
Resources of the House of Representatives.
(E) 1 member appointed by the minority leader of
the Senate from a list of 2 individuals--
(i) 1 nominated for that appointment by the
ranking member of the Committee on Environment
and Public Works of the Senate; and
(ii) 1 nominated for that appointment by
the ranking member of the Committee on Energy
and Natural Resources of the Senate.
(2) Qualifications.--
(A) Recognized standing and distinction.--Members
shall be appointed to the Commission from among
individuals who are of recognized standing and
distinction in water policy issues.
(B) Limitation.--A person while serving as a member
of the Commission may not hold any other position as an
officer or employee of the United States, except as a
retired officer or retired civilian employee of the
United States.
(C) Other considerations.--In appointing members of
the Commission, every effort shall be made to ensure
that the members represent a broad cross section of
regional and geographical perspectives in the United
States.
(3) Chairperson.--The Chairperson of the Commission shall
be elected by a majority vote of the members of the Commission.
(4) Terms.--Members of the Commission shall serve for the
life of the Commission.
(5) Vacancies.--A vacancy on the Commission shall not
affect its operation and shall be filled in the manner in which
the original appointment was made.
(6) Compensation and travel expenses.--Members of the
Commission shall serve without compensation; except that
members shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with applicable provisions
under subchapter I of chapter 57, United States Code.
(e) Meetings and Quorum.--
(1) Meetings.--The Commission shall hold its first meeting
not later than 60 days after the date on which all original
members are appointed under subsection (d) and shall hold
additional meetings at the call of the Chairperson or a
majority of its members.
(2) Quorum.--A majority of the members of the Commission
shall constitute a quorum for the transaction of business.
(f) Staffing.--The Chairperson of the Commission may, without
regard to the civil service laws and regulations, appoint and terminate
an Executive Director and such other additional personnel as may be
necessary for the Commission to perform its duties. The Executive
Director shall be compensated at a rate not to exceed the annual rate
of basic pay for GS-15 of the General Schedule. The employment and
termination of an Executive Director shall be subject to confirmation
by a majority of the members of the Commission.
(g) Hearings.--
(1) Minimum number.--The Commission shall hold no fewer
than 10 hearings during the life of the Commission.
(2) In conjunction with meetings.--Hearings may be held in
conjunction with meetings of the Commission.
(3) Testimony and evidence.--The Commission may take such
testimony and receive such evidence as the Commission considers
appropriate to carry out this section.
(4) Specified.--At least one hearing shall be held in
Washington, District of Columbia, for the purpose of taking
testimony of representatives of Federal agencies, national
organizations, and Members of Congress. At least one hearing
shall focus on potential water resource issues relating to
climate change and how to mitigate the harms of climate change-
related weather events.
(5) Nonspecified.--Hearings, other than those referred to
in paragraph (4), shall be scheduled in distinct geographical
regions of the United States. In conducting such hearings, the
Commission should seek to ensure testimony from individuals
with a diversity of experiences, including those who work on
water issues at all levels of government and in the private
sector.
(h) Information and Support From Federal Agencies.--Upon request of
the Commission, the head of a Federal department or agency shall--
(1) provide to the Commission, within 30 days of the
request, such information as the Commission considers necessary
to carry out this section; and
(2) detail to temporary duty with the Commission on a
reimbursable basis such personnel as the Commission considers
necessary to carry out this section.
(i) Interim Reports.--Not later than one year after the date of the
first meeting of the Commission, and every year thereafter, the
Commission shall submit an interim report containing a detailed summary
of its progress, including meetings held and hearings conducted before
the date of the report, to--
(1) the President; and
(2) Congress.
(j) Final Report.--As soon as practicable, but not later than 5
years after the date of the first meeting of the Commission, the
Commission shall submit a final report containing a detailed statement
of the findings and conclusions of the Commission and recommendations
for legislation and other policies to implement such findings and
conclusions to--
(1) the President;
(2) the Committee on Natural Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources and the
Committee on Environment and Public Works of the Senate.
(k) Termination.--The Commission shall terminate not later than 30
days after the date on which the Commission transmits a final report
under subsection (j).
(l) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to the
Commission.
(m) Authorization of Appropriations.--There is authorized to be
appropriated $12,000,000 to carry out this section. | Establishes the Twenty-First Century Water Commission to: (1) use studies and assessments to project future water supply needs and demand, develop national and regional assessments on flood risk and water availability and trends related to water quality; (2) study government and private sector water management programs directed at increasing water supplies, managing flood risk, and improving the availability, reliability, and quality of water resources; and (3) develop recommendations for a comprehensive water strategy.
Requires such strategy to: (1) identify incentives to ensure an adequate and dependable supply of water to meet U.S. needs for the next 50 years; (2) consider all available technologies and methods to optimize water supply reliability, availability, and quality, while safeguarding and enhancing the environment; (3) suggest financing options for development of comprehensive watershed management plans, regional watershed planning, holistically designed water resources projects, and increased use of nonstructural elements (including green infrastructure and low impact development techniques); (4) encourage the integration of flood control and water supply projects, including recommendations for capturing excess water and flood water for conservation and reuse; (5) suggest options to promote the use of, and reduce biases against, nonstructural elements when managing stormwater; and (6) encourage the avoidance and minimization of adverse impacts to, and the restoration of, natural systems.
Directs the Commission, in developing such strategy, to: (1) evaluate the effectiveness of hazard mitigation strategies and contingency planning provisions for water management programs in light of climate change impacts; (2) evaluate such impacts; (3) include strategies for using best available climate science in projections of future flood and drought risk and for developing hazard mitigation strategies to protect water quality in extreme weather conditions caused by climate change; (4) identify adaptation techniques, or further research needs of such techniques, for responding to climate change impacts; (5) respect the primary role of states in adjudicating, administering, and regulating water rights and water uses; (6) identify whether recommendations are consistent with existing laws; (7) identify duplication among federal governmental programs and make recommendations to improve coordination among federal, interstate, state, and local agencies; and (8) avoid suggesting increased mandates on state and local governments.
Requires the Commission to submit interim and final reports to the President and Congress. Terminates the Commission 30 days after its transmission of a final report. Authorizes appropriations. | To establish the Twenty-First Century Water Commission to study and develop recommendations for a comprehensive water strategy to address future water needs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dam Rehabilitation and Repair Act of
2007''.
SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), (10), (11), (12), and (13) as paragraphs (5), (6), (7),
(8), (9), (10), (12), (13), (14), and (15), respectively;
(2) by striking paragraph (3) and inserting the following:
``(3) Administrator.--The term `Administrator' means the
Administrator of FEMA.
``(4) Deficient dam.--The term `deficient dam' means a dam
that the State within the boundaries of which the dam is
located determines--
``(A) fails to meet minimum dam safety standards of
the State; and
``(B) poses an unacceptable risk to the public.'';
and
(3) by inserting after paragraph (10) (as redesignated by
paragraph (1)) the following:
``(11) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam that
is carried out to meet applicable State dam safety and security
standards.''.
(b) Program for Rehabilitation and Repair of Deficient Dams.--The
National Dam Safety Program Act is amended by inserting after section 8
(33 U.S.C. 467f) the following:
``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
``(a) Establishment of Program.--The Administrator shall establish,
within FEMA, a program to provide grant assistance to States for use in
rehabilitation of publicly-owned deficient dams.
``(b) Award of Grants.--
``(1) Application.--A State interested in receiving a grant
under this section may submit to the Administrator an
application for such grant. Applications submitted to the
Administrator under this section shall be submitted at such
times, be in such form, and contain such information, as the
Administrator may prescribe by regulation.
``(2) In general.--Subject to the provisions of this
section, the Administrator may make a grant for rehabilitation
of a deficient dam to a State that submits an application for
the grant in accordance with the regulations prescribed by the
Administrator. The Administrator shall enter into a project
grant agreement with the State to establish the terms of the
grant and the project, including the amount of the grant.
``(c) Priority System.--The Administrator, in consultation with the
Board, shall develop a risk-based priority system for use in
identifying deficient dams for which grants may be made under this
section.
``(d) Allocation of Funds.--The total amount of funds appropriated
pursuant to subsection (f)(1) for a fiscal year shall be allocated for
making grants under this section to States applying for such grants for
that fiscal year as follows:
``(1) One-third divided equally among applying States.
``(2) Two-thirds among applying States based on the ratio
that--
``(A) the number of non-Federal publicly-owned dams
that the Secretary of the Army identifies in the
national inventory of dams maintained under section 6
as constituting a danger to human health and that are
located within the boundaries of the State; bears to
``(B) the number of non-Federal publicly-owned dams
that are so identified and that are located within the
boundaries of all applying States.
``(e) Cost Sharing.--The Federal share of the cost of
rehabilitation of a deficient dam for which a grant is made under this
section may not exceed 65 percent of the cost of such rehabilitation.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section--
``(A) $50,000,000 for fiscal year 2007; and
``(B) $100,000,000 for each of fiscal years 2008
through 2010.
``(2) Staff.--There are authorized to be appropriated to
provide for the employment of such additional staff of FEMA as
are necessary to carry out this section $400,000 for each of
fiscal years 2007 through 2009.
``(3) Period of availability.--Sums appropriated pursuant
to this section shall remain available until expended.''.
(c) Conforming Amendment.--Such Act (other than section 2) is
further amended by striking ``Director'' each place it appears and
inserting ``Administrator''.
SEC. 3. RULEMAKING.
(a) Proposed Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall issue a notice of proposed rulemaking regarding
the amendments made by section 2 of this Act.
(b) Final Rule.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall issue a final rule
regarding such amendments. | Dam Rehabilitation and Repair Act of 2007 - Amends the National Dam Safety Program Act to require the Administrator of the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams).
Sets forth provisions regarding procedures for grant awards and fund allocation. Requires the Administrator to develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the federal share of rehabilitation costs to 65%. | To amend the National Dam Safety Program Act to establish a program to provide grant assistance to States for the rehabilitation and repair of deficient dams. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chemical Security Act of 1999''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``Off-site Consequence Analysis Submission''
means only the off-site consequence portion of a risk
management plan submitted to the Administrator under section
68.165 of title 40 of the Code of Federal Regulations, as in
effect on the date of the enactment of this Act.
(3) The term ``covered stationary source'' means a
stationary source of any air pollutant that is required to
submit a risk management plan under section 112(r)(7)(B) of the
Clean Air Act.
(4) The term ``official use'' means any action that is
intended to carry out a function of a Federal, State, or local
agency or entity having responsibility for planning for or
responding to chemical releases at a stationary source. Such
term includes disclosing the results of an Off-site Consequence
Analysis Submission in any format different than that used in
the Submission.
(5) The term ``authorized contractor'' means a person
having responsibility for handling risk management plans under
subparagraph (B) of section 112(r)(7) of the Clean Air Act
under contract with the Administrator, the Chemical Safety and
Hazard Investigation Board, a State, or a local agency or
entity referred to in clause (iii) of such subparagraph (B).
SEC. 3. ONE-YEAR MORATORIUM FOR CONGRESSIONAL CONSIDERATION.
(a) Prohibition.--
(1) In general.--Notwithstanding any other provision of any
Federal, State, or local law that provides for freedom of
information or public disclosure of governmental information,
in order to provide for Congressional consideration of the
effects of the public disclosure required under clause (iii) of
section 112(r)(7)(B) of the Clean Air Act and for consideration
of the reports under section 4 of this Act, no Off-site
Consequence Analysis Submission shall be disclosed, or made
available, to the public or to any person or entity by the
Administrator, the Chemical Safety and Hazard Investigation
Board, a State, a local agency or an entity referred to in such
clause (iii), or any authorized contractor.
(2) One-year period.--The prohibition set forth in
paragraph (1) shall apply only for a period ending 1-year after
the date of the enactment of this Act.
(3) Permitted disclosure.--The prohibition set forth in
paragraph (1) shall not apply to disclosure of an Off-site
Consequence Analysis Submission for official use only pursuant
to clause (iii) of section 112(r)(7)(B) of the Clean Air Act to
the Administrator, the Chemical Safety and Hazard Investigation
Board, a State, a local agency or an entity referred to in such
clause (iii), or any authorized contractor.
(b) Penalty.--The violation of the prohibition set forth in
subsection (a) shall be an infraction punishable under section 3571 of
title 18 of the United States Code. In any case in which more than one
Off-site Consequence Analysis Submission has been disclosed or made
available in violation of subsection (a), the violation with respect to
each such Submission shall be considered a separate violation for
purposes of such section 3571. The total of all penalties imposed on a
single person or organization for violations of subsection (a) shall
not exceed $100,000.
(c) Disclosure without Facility Identification.--Notwithstanding
the moratorium under subsection (a), after June 21, 1999, the
Administrator shall make information from risk management plans,
including information from the Off-site Consequence Analysis
Submissions, available to the public in accordance with section
112(r)(7)(B)(iii) of the Clean Air Act in a form which does not include
any information concerning the identity or location of the covered
stationary sources for which such plans were prepared.
(d) Emergency Planning Meetings.--Not later than 180 days after the
date of enactment of this Act, each owner or operator of a covered
stationary source shall convene a meeting with community
representatives, employees and contractors working at the covered
stationary source and with local emergency planning committees and
other appropriate emergency responders to discuss the measures
necessary to prevent, and protect the source from, attacks by
terrorists and other criminals. Not later than 10 months after the date
of enactment of this Act, each such owner or operator shall send a
certification to the Director of the Federal Bureau of Investigation
stating that such meeting has been held within one year prior to, or
within 10 months after, the date of the enactment of this Act.
SEC. 4. SITE SECURITY STUDY AND REPORTS TO CONGRESS.
(a) Site Security.--The Attorney General, using available data to
the extent possible, and analyzing a sampling of covered stationary
sources selected at the discretion of the Attorney General, and in
consultation with appropriate State, local, and Federal governmental
agencies, affected industry and the public, shall review the
vulnerability of covered stationary sources to criminal and terrorist
activity, current industry practices regarding site security, security
of transportation of extremely hazardous substances, and the
effectiveness of this Act. Six months after the date of the enactment
of this Act, the Attorney General shall submit a report to the Congress
containing the results of the review, together with recommendations for
reducing vulnerability to criminal and terrorist activity through
inherently safer practices and site security, and the need for
additional legislation. If the report recommends information security
measures, it shall describe the means by which any individual shall be
guaranteed access to risk management information without a geographical
restriction. The Attorney General shall submit updates of such report
biennially after the submission of the first report.
(d) Comptroller General Report.--Not later than 180 days after the
enactment of this Act, the Comptroller General of the United States
shall submit a report to the Congress on the health and environmental
effects of public disclosure of information. In preparing such report
the Comptroller General shall consult with the Administrator and
appropriate representatives of the States, local governments, affected
industries, emergency responders, and public interest groups and shall
undertake a specific examination of the reduction in toxic chemical
releases associated with the reporting requirements of section 313 of
the Superfund Amendments and Reauthorization Act of 1986 (Toxics
Release Inventory).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Chemical Security Act of 1999 - Bars the public disclosure of off-site consequence analysis submissions under the Clean Air Act for a period of one year after this Act's enactment. Defines an "off-site consequence analysis submission" as a portion of a risk management plan submitted to the Administrator of the Environmental Protection Agency by stationary sources of certain hazardous substances. Permits disclosure of such information for official use only. Prescribes penalties for violation of such prohibition.
Directs the Administrator, after June 21, 1999, to make information from risk management plans, including information from off-site consequence analysis submissions, publicly available in a form which excludes information concerning the identity or location of covered stationary sources.
Requires owners or operators of such sources to convene a meeting with community representatives, employees and contractors working at such sources, and local emergency planning committees and other emergency responders to discuss measures necessary to prevent, and protect such sources from, attacks by terrorists and other criminals. Provides for certifications to the Federal Bureau of Investigation by such owners or operators that such meetings have been held.
Directs the Attorney General to review and report to Congress on the vulnerability of covered stationary sources to criminal and terrorist activity, current industry practices regarding site security, security of transportation of extremely hazardous substances, and this Act's effectiveness. Provides for biennial updates of such report and for recommendations for reducing such vulnerability through inherently safer practices and site security and the need for additional legislation.
Requires the Comptroller General to report to Congress on the health and environmental effects of public disclosure of information. Requires, as part of such report, an examination of the reductions in toxic chemical releases associated with reporting requirements of the Superfund Amendments and Reauthorization Act of 1986.
Authorizes appropriations. | Chemical Security Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Infrastructure and Technology
Modernization Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Customs and Border Protection of
the Department of Homeland Security.
(2) Maquiladora.--The term ``maquiladora'' means an entity
located in Mexico that assembles and produces goods from
imported parts for export to the United States.
(3) Northern border.--The term ``northern border'' means
the international border between the United States and Canada.
(4) Southern border.--The term ``southern border'' means
the international border between the United States and Mexico.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Border and Transportation Security of
the Department of Homeland Security.
SEC. 3. HIRING AND TRAINING OF BORDER AND TRANSPORTATION SECURITY
PERSONNEL.
(a) Inspectors and Agents.--
(1) Increase in inspectors and agents.--During each of
fiscal years 2004 through 2008, the Under Secretary shall--
(A) increase the number of full-time agents and
associated support staff in the Bureau of Immigration
and Customs Enforcement of the Department of Homeland
Security by the equivalent of at least 100 more than
the number of such employees in the Bureau as of the
end of the preceding fiscal year; and
(B) increase the number of full-time inspectors and
associated support staff in the Bureau of Customs and
Border Protection by the equivalent of at least 200
more than the number of such employees in the Bureau as
of the end of the preceding fiscal year.
(2) Waiver of fte limitation.--The Under Secretary is
authorized to waive any limitation on the number of full-time
equivalent personnel assigned to the Department of Homeland
Security to fulfill the requirements of paragraph (1).
(b) Training.--The Under Secretary shall provide appropriate
training for agents, inspectors, and associated support staff on an
ongoing basis to utilize new technologies and to ensure that the
proficiency levels of such personnel are acceptable to protect the
borders of the United States.
SEC. 4. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.
(a) Requirement To Update.--Not later than January 31 of each year,
the Administrator of General Services shall update the Port of Entry
Infrastructure Assessment Study prepared by the United States Customs
Service, the Immigration and Naturalization Service, and the General
Services Administration in accordance with the matter relating to the
ports of entry infrastructure assessment that is set out in the joint
explanatory statement in the conference report accompanying H.R. 2490
of the 106th Congress, 1st session (House of Representatives Rep. No.
106-319, on page 67) and submit such updated study to Congress.
(b) Consultation.--In preparing the updated studies required in
subsection (a), the Administrator of General Services shall consult
with the Director of the Office of Management and Budget, the Under
Secretary, and the Commissioner.
(c) Content.--Each updated study required in subsection (a) shall--
(1) identify port of entry infrastructure and technology
improvement projects that would enhance border security and
facilitate the flow of legitimate commerce if implemented;
(2) include the projects identified in the National Land
Border Security Plan required by section 5; and
(3) prioritize the projects described in paragraphs (1) and
(2) based on the ability of a project to--
(A) fulfill immediate security requirements; and
(B) facilitate trade across the borders of the
United States.
(d) Project Implementation.--The Commissioner shall implement the
infrastructure and technology improvement projects described in
subsection (c) in the order of priority assigned to each project under
paragraph (3) of such subsection.
(e) Divergence From Priorities.--The Commissioner may diverge from
the priority order if the Commissioner determines that significantly
changed circumstances, such as immediate security needs or changes in
infrastructure in Mexico or Canada, compellingly alter the need for a
project in the United States.
SEC. 5. NATIONAL LAND BORDER SECURITY PLAN.
(a) Requirement for Plan.--Not later than January 31 of each year,
the Under Secretary shall prepare a National Land Border Security Plan
and submit such plan to Congress.
(b) Consultation.--In preparing the plan required in subsection
(a), the Under Secretary shall consult with the Under Secretary for
Information Analysis and Infrastructure Protection and the Federal,
State, and local law enforcement agencies and private entities that are
involved in international trade across the northern border or the
southern border.
(c) Vulnerability Assessment.--
(1) In general.--The plan required in subsection (a) shall
include a vulnerability assessment of each port of entry
located on the northern border or the southern border.
(2) Port security coordinators.--The Under Secretary may
establish 1 or more port security coordinators at each port of
entry located on the northern border or the southern border--
(A) to assist in conducting a vulnerability
assessment at such port; and
(B) to provide other assistance with the
preparation of the plan required in subsection (a).
SEC. 6. EXPANSION OF COMMERCE SECURITY PROGRAMS.
(a) Customs-Trade Partnership Against Terrorism.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commissioner, in consultation with
the Under Secretary, shall develop a plan to expand the size
and scope (including personnel needs) of the Customs-Trade
Partnership Against Terrorism programs along the northern
border and southern border, including--
(A) the Business Anti-Smuggling Coalition;
(B) the Carrier Initiative Program;
(C) the Americas Counter Smuggling Initiative;
(D) the Container Security Initiative;
(E) the Free and Secure Trade Initiative; and
(F) other Industry Partnership Programs
administered by the Commissioner.
(2) Southern border demonstration program.--Not later than
180 days after the date of enactment of this Act, the
Commissioner shall establish a demonstration program along the
southern border for the purpose of implementing at least one
Customs-Trade Partnership Against Terrorism program along that
border. The Customs-Trade Partnership Against Terrorism program
selected for the demonstration program shall have been
successfully implemented along the northern border as of the
date of enactment of this Act.
(b) Maquiladora Demonstration Program.--Not later than 180 days
after the date of enactment of this Act, the Commissioner shall
establish a demonstration program to develop a cooperative trade
security system to improve supply chain security.
SEC. 7. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.
(a) Establishment.--The Under Secretary shall carry out a
technology demonstration program to test and evaluate new port of entry
technologies, refine port of entry technologies and operational
concepts, and train personnel under realistic conditions.
(b) Technology and Facilities.--
(1) Technology tested.--Under the demonstration program,
the Under Secretary shall test technologies that enhance port
of entry operations, including those related to inspections,
communications, port tracking, identification of persons and
cargo, sensory devices, personal detection, decision support,
and the detection and identification of weapons of mass destruction.
(2) Facilities developed.--At a demonstration site selected
pursuant to subsection (c)(2), the Under Secretary shall
develop facilities to provide appropriate training to law
enforcement personnel who have responsibility for border
security, including cross-training among agencies, advanced law
enforcement training, and equipment orientation.
(c) Demonstration Sites.--
(1) Number.--The Under Secretary shall carry out the
demonstration program at not less than 3 sites and not more
than 5 sites.
(2) Selection criteria.--To ensure that at least 1 of the
facilities selected as a port of entry demonstration site for
the demonstration program has the most up-to-date design,
contains sufficient space to conduct the demonstration program,
has a traffic volume low enough to easily incorporate new
technologies without interrupting normal processing activity,
and can efficiently carry out demonstration and port of entry
operations, at least 1 port of entry selected as a
demonstration site shall--
(A) have been established not more than 15 years
before the date of enactment of this Act;
(B) consist of not less than 65 acres, with the
possibility of expansion onto not less than 25 adjacent
acres; and
(C) have serviced an average of not more than
50,000 vehicles per month in the 12 full months
preceding the date of enactment of this Act.
(d) Relationship With Other Agencies.--The Under Secretary shall
permit personnel from an appropriate Federal or State agency to utilize
a demonstration site described in subsection (c) to test technologies
that enhance port of entry operations, including those related to
inspections, communications, port tracking, identification of persons
and cargo, sensory devices, personal detection, decision support, and
the detection and identification of weapons of mass destruction.
(e) Report.--
(1) Requirement.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Under
Secretary shall submit to Congress a report on the activities
carried out at each demonstration site under the technology
demonstration program established under this section.
(2) Content.--The report shall include an assessment by the
Under Secretary of the feasibility of incorporating any
demonstrated technology for use throughout the Bureau of
Customs and Border Protection.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to any funds otherwise available,
there are authorized to be appropriated--
(1) to carry out the provisions of section 3, such sums as
may be necessary for the fiscal years 2004 through 2008;
(2) to carry out the provisions of section 4--
(A) to carry out subsection (a) of such section,
such sums as may be necessary for the fiscal years 2004
through 2008; and
(B) to carry out subsection (d) of such section--
(i) $100,000,000 for each of the fiscal
years 2004 through 2008; and
(ii) such sums as may be necessary in any
succeeding fiscal year;
(3) to carry out the provisions of section 6--
(A) to carry out subsection (a) of such section--
(i) $30,000,000 for fiscal year 2004, of
which $5,000,000 shall be made available to
fund the demonstration project established in
paragraph (2) of such subsection; and
(ii) such sums as may be necessary for the
fiscal years 2005 through 2008; and
(B) to carry out subsection (b) of such section--
(i) $5,000,000 for fiscal year 2004; and
(ii) such sums as may be necessary for the
fiscal years 2005 through 2008; and
(4) to carry out the provisions of section 7, provided that
not more than $10,000,000 may be expended for technology
demonstration program activities at any 1 port of entry
demonstration site in any fiscal year--
(A) $50,000,000 for fiscal year 2004; and
(B) such sums as may be necessary for each of the
fiscal years 2005 through 2008.
(b) International Agreements.--Funds authorized in this Act may be
used for the implementation of projects described in the Declaration on
Embracing Technology and Cooperation to Promote the Secure and
Efficient Flow of People and Commerce across our Shared Border between
the United States and Mexico, agreed to March 22, 2002, Monterrey,
Mexico (commonly known as the Border Partnership Action Plan) or the
Smart Border Declaration between the United States and Canada, agreed
to December 12, 2001, Ottawa, Canada that are consistent with the
provisions of this Act. | Border Infrastructure and Technology Modernization Act - Directs the Under Secretary for Border and Transportation Security of the Department of Homeland Security to: (1) make specified personnel increases in the Department of Homeland Security's Bureaus of Immigration and Customs Enforcement, and Customs and Border Protection, respectively; (2) prepare an annual National Land Border Security Plan, which shall include a vulnerability assessment of each port of entry on the northern or southern border, and may provide for port security coordinators; and (3) carry out a three-to-five-site port of entry demonstration program.Directs the Administrator of General Services to make annual updates to the Port of Entry Infrastructure Assessment Study.Directs the Commissioner of the Bureau of Customs and Border Protection to: (1) develop an expansion plan for the Customs-Trade Partnership Against Terrorism programs along the northern and southern borders, including the Business Anti-Smuggling Coalition, the Carrier Initiative Program, the Americas Counter Smuggling Initiative, the Container Security Initiative, the Free and Secure Trade Initiative, and other Industry Partnership programs; (2) establish a Partnership demonstration program along the southern border; and (3) establish a demonstration program for a cooperative trade security system with respect to entities (maquiladora) in Mexico that assemble and produce goods from imported parts for export to the United States.Authorizes specified appropriations. | To authorize appropriations for border and transportation security personnel and technology, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay Restoration
Enhancement Act of 2005''.
SEC. 2. DEFINITIONS.
Section 117(a) of the Federal Water Pollution Control Act (33
U.S.C. 1287(a)) is amended--
(1) in paragraph (3) by striking ``and its''; and
(2) by adding at the end the following new paragraphs:
``(7) chesapeake bay watershed.--The term `Chesapeake Bay
watershed' means the Chesapeake Bay and the area consisting of
36 tributary basins, within the States of Maryland, Virginia,
West Virginia, Pennsylvania, Delaware, and New York and the
District of Columbia, through which precipitation drains into
the Chesapeake Bay.
``(8) Local government advisory committee.--The term `Local
Government Advisory Committee' means the committee of the same
name formed through the 1987 Chesapeake Bay Agreement. The
committee may include representative members from all
jurisdictions within the Chesapeake Bay watershed.
``(9) Tributary strategy.--The term `tributary strategy'
means one of 36 strategies in the Chesapeake Bay watershed that
is a State approved, river-specific, cleanup plan that provides
best management practice implementation actions that, when
taken together, will meet the Chesapeake Bay Agreement goal of
removing nutrient and sediment impairments from the Chesapeake
Bay and its tidal tributaries.
``(10) Tributary basin.--The term `tributary basin' means
an area of land that drains into any one of 36 Chesapeake Bay
tributaries or tributary segments and that is managed through
tributary strategies under this Act.''.
SEC. 3. IMPLEMENTATION AND MONITORING GRANTS.
Section 117(e)(1) of the Federal Water Pollution Control Act (33
U.S.C. 1287(e)(1)) is amended by striking ``approved and committed to
implement all or substantially all aspects'' and inserting ``signed all
or a significant portion''.
SEC. 4. REPORTING.
Section 117 of the Federal Water Pollution Control Act (33 U.S.C.
1287) is amended by striking subsection (e)(7) and subsection (f) and
inserting the following:
``(7) Reporting.--The Administrator shall make available to
the public on or before January 31 of each year, a document
that lists and describes, in the greatest practicable degree of
detail, all completed projects and accomplishments of the
previous fiscal year funded by the Federal Government, and all
completed projects and accomplishments of the previous fiscal
year funded by a State government, for the Chesapeake Bay
watershed that contribute to Chesapeake Bay Agreement goals.
``(f) Reporting Requirements.--
``(1) In general.--The Administrator shall publish, on or
before January 31 of each year, a `tributary health report
card' to evaluate, based on monitoring and modeling data,
progress made during the preceding fiscal year (including any
practice implemented during the fiscal year), and overall
progress made, in achieving and maintaining nutrient and
sediment reduction goals for each tributary basin.
``(2) Baseline.--The baseline for the report card (in this
subsection referred to as the `baseline') shall be the
tributary cap load allocation agreement numbered EPA 903-R-03-
007, dated December 2003, and entitled `Setting and Allocating
the Chesapeake Bay Basin Nutrient and Sediment Loads: The
Collaborative Process, Technical Tools and Innovative
Approaches'.
``(3) Inclusions.--The report card shall include, for each
tributary basin--
``(A) an identification of the total allocation of
nutrients and sediments under the baseline;
``(B) the monitored and modeled quantities of
nitrogen, phosphorus, and sediment reductions achieved
during the preceding fiscal year, expressed numerically
and as a percentage of reduction;
``(C) a list (organized from least to most progress
made) that ranks the comparative progress made, based
on the percentage of reduction under subparagraph (B),
by each tributary basin toward meeting the annual
allocation goal of that tributary basin for nitrogen,
phosphorus, and sediment; and
``(D) to the maximum extent practicable, an
identification of the principal sources of pollutants
of the tributaries, including airborne sources of
pollutants.
``(4) Use of data; consideration.--In preparing the report
card, the Administrator shall--
``(A) use monitoring data and data submitted under
subsection (g)(1); and
``(B) take into consideration the effects of
drought and wet weather conditions on the condition of
water quality parameters.
``(5) Distribution.--The Administrator shall--
``(A) distribute report cards to appropriate
committees of the Senate and House of Representatives;
``(B) post report cards on the Internet; and
``(C) distribute paper copies of the report cards
to the public.''.
SEC. 5. ACTIONS BY STATES.
(a) In General.--Section 117 of the Federal Water Pollution Control
Act (33 U.S.C. 1287) is amended by redesignating subsections (g), (h),
(i), and (j) as subsections (i), (j), (k), and (l), respectively, and
by inserting after subsection (f) the following:
``(g) Actions by States.--
``(1) Submission of information.--Not later than November
30 of each year, each of the States of Delaware, Maryland, New
York, Pennsylvania, Virginia, and West Virginia and the
District of Columbia shall submit to the Administrator
information describing, for each tributary basin located in the
State or District of Columbia, for the preceding fiscal year--
``(A) the nutrient and sediment cap load allocation
of the basin;
``(B) the principal sources of nutrients and
sediment in the basin, by category;
``(C) for each category of pollutant source, the
technologies and practices used to achieve reductions,
including levels of best management practices
implementation and sewage treatment plan upgrades; and
``(D) any Federal, State, or non-Federal funding
used to implement a technology or practice described in
subparagraph (C).
``(2) Failure to act.--The Administrator shall not make a
grant to a State under this section if the State fails to
submit any information in accordance with paragraph (1).''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (d)(2)(B) by striking ``(g)(2)'' and
inserting ``(i)(3)''; and
(2) in subsection (e)(2)(B)(i) by striking ``and its''.
SEC. 6. PLANNING AND BUDGET REQUIREMENTS.
Section 117 of the Federal Water Pollution Control Act (33 U.S.C.
1287) (as amended by section 4(a) of this Act) is further amended by
inserting after subsection (g) the following:
``(h) Planning and Budget Requirements.--
``(1) Annual budget plan.--Not later than April 15 of each
year, the Director of the Office of Management and Budget, in
cooperation with the Administrator, the Secretary of the
Interior, the Secretary of Agriculture, the Secretary of
Commerce, the Secretary of Defense, and the heads of other
appropriate Federal agencies, shall submit to the appropriate
committees of the Senate and the House of Representatives a
report containing--
``(A) an interagency crosscut budget that displays
the proposed budget for use by each Federal agency in
carrying out restoration activities relating to the
Chesapeake Bay for the following fiscal year; and
``(B) a detailed accounting of all funds received
and obligated by Federal and State governments
(including formula and grant funds, such as State
revolving loan funds and agriculture conservation
funds) to achieve the goals of the Chesapeake Bay
Agreement during the preceding fiscal year.
``(2) Role of federal government.--Not later than 120 days
after the date of enactment of the Chesapeake Bay Restoration
Enhancement Act of 2005, the Council on Environmental Quality
shall provide to Congress a document briefly describing the
Federal role in the Chesapeake Bay Program and the specific
role of each Federal agency involved in Chesapeake Bay
restoration.
``(3) Federal actions.--Federal agencies acting in the
Chesapeake Bay watershed should plan and execute, to the
maximum extent practicable, such activities to support the
achievement of Chesapeake Bay Agreement goals.''.
SEC. 7. CHESAPEAKE BAY PROGRAM.
Section 117(i) of the Federal Water Pollution Control Act (33
U.S.C. 1287) (as redesignated by section 4(a) of this Act) is amended--
(1) in paragraph (1)--
(A) by inserting ``tributary strategies and'' after
``ensure that'';
(B) by striking ``and implementation is begun'' and
inserting ``, approved, and implemented'';
(C) by inserting ``all or a significant portion
of'' after ``signatories to''; and
(D) by striking ``and its'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Local government involvement.--
``(A) Measurable goals.--The Administrator shall
establish, in coordination with other members of the
Chesapeake Executive Council and the Local Government
Advisory Committee, measurable goals for local
governments to achieve toward Chesapeake Bay Agreement
nutrient and sediment reduction goals not later than
120 days after the date of enactment of the Chesapeake
Bay Restoration Enhancement Act of 2005.
``(B) Consideration of priorities.--In preparing an
annual budget for the Chesapeake Bay under subsection
(h)(1), the Administrator shall consider priorities for
funding needs recommended by the Local Government
Advisory Committee.'';
(4) in paragraph (3)(A) (as redesignated by paragraph (2)
of this section) by striking ``as part of the Chesapeake Bay
Program; and'' and inserting ``to support tributary strategies
and other projects toward achievement of Chesapeake Bay
Agreement goals;'';
(5) in paragraph (3) (as redesignated by paragraph (2) of
this section) by striking subparagraph (B) and inserting the
following:
``(B) provide technical assistance and assistance
grants under subsection (d) to local governments and
nonprofit organizations and individuals in the
Chesapeake Bay watershed to implement tributary
strategies and other cooperative, locally based
protection and restoration programs or projects within
a tributary basin that complement the tributary
strategy for such basin, including--
``(i) the improvement of water quality
toward Chesapeake Bay Agreement goals; or
``(ii) the creation, restoration,
protection, or enhancement of habitat
associated with the Chesapeake Bay ecosystem;
``(C) under the small watershed grants program,
make such grants--
``(i) so that local governments receive not
less than 40 percent of total annually amount
appropriated to carry out such program; and
``(ii) taking into consideration priority
recommendations provided to the Chesapeake
Executive Council by the Local Government
Advisory Committee; and
``(D) consider recommendations of the Local
Government Advisory Committee with regard to
sufficiency of grant requests in meeting tributary
strategy goals.''; and
(6) by adding at the end the following:
``(4) Wasteload allocations.--Before May 11, 2001, the load
allocations in the tributary strategies for any activity for
which a permit is issued under section 402 of this Act for the
Chesapeake Bay watershed shall be treated as the functional
equivalent of wasteload allocations for total maximum daily
loads and shall be incorporated in such permit.''.
SEC. 8. STUDY OF CHESAPEAKE BAY PROGRAM.
Section 117(j) of the Federal Water Pollution Control Act (33
U.S.C. 1287(j)) (as redesignated by section 4(a) of this Act) is
amended--
(1) in paragraph (2)(B) by striking ``and 1995'' and
inserting ``1995, and 2005''; and
(2) in paragraph (2)(C)--
(A) by inserting after ``management strategies''
the following: ``, including tributary strategies,'';
and
(B) by striking ``on the date of enactment of this
section''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 117 of the Federal Water Pollution Control Act (33 U.S.C.
1287) (as amended by section 4(a) of this Act) is amended by striking
subsections (k) and (l) and inserting the following:
``(k) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$40,000,000 for each of fiscal years 2007 through 2011 to carry
out this section (other than subsection (i)(3)).
``(2) Small watershed grants program.--There is authorized
to be appropriated $10,000,000 for each of fiscal years 2007
through 2011 to carry out subsection (i)(3).
``(3) Period of availability.--Funds appropriated to carry
out this section shall remain available until expended.''. | Chesapeake Bay Restoration Enhancement Act of 2005 - Amends the Federal Water Pollution Control Act to revise requirements for implementation and monitoring grants under the Chesapeake Bay Agreement and for reporting on federally-funded projects under such Agreement.
Requires the Administrator of the Environmental Protection Agency (EPA) to publish each year a tributary health report card to evaluate progress, with reference to a specified baseline, in achieving and maintaining nutrient and sediment reduction goals for each Chesapeake Bay tributary basin.
Requires the states of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the District of Columbia to submit information to the Administrator for each Chesapeake Bay tributary basin located in such jurisdictions relating to nutrient and sediment reduction. Prohibits the Administrator from making a grant to any state which fails to provide required information.
Requires the Director of the Office of Management and Budget, in cooperation with specified federal agencies, to submit to Congress an interagency budget and other accountings for Chesapeake Bay restoration activities.
Directs the Administrator to establish measurable goals for local governments for nutrient and sediment reduction in the Chesapeake Bay.
Updates reporting deadlines for the study of the Chesapeake Bay Program.
Authorizes appropriations through FY2011. | To amend the Federal Water Pollution Control Act to improve and reauthorize the Chesapeake Bay program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Agreements Compliance Act of
1993''.
SEC. 2. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE.
Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et
seq.) is amended by inserting after section 306 the following new
section:
``SEC. 306A. REQUESTS FOR REVIEW OF FOREIGN COMPLIANCE.
``(a) Definitions.--For purposes of this section--
``(1) The term `interested person' means any person that
has a significant economic interest that is being, or has been,
adversely affected by the failure of a foreign country to
comply materially with the terms of a trade agreement.
``(2) The term `trade agreement' means any bilateral trade
agreement to which the United States is a party other than--
``(A) the United States-Canada Free Trade
Agreement, entered into on January 2, 1988, and
``(B) the Agreement on the Establishment of a Free
Trade Area between the Government of the United States
of America and the Government of Israel, entered into
on April 22, 1985.
``(b) Request for Review.--
``(1) An interested person may request the Trade
Representative to undertake a review under this section to
determine whether a foreign country is in material compliance
with the terms of a trade agreement.
``(2) A request for the review of a trade agreement under
this section may be made only during--
``(A) the 30-day period beginning on each
anniversary of the effective date of the trade
agreement; and
``(B) the 30-day period ending on the 90th day
before the termination date of the trade agreement, if
the first day of such 30-day period occurs not less
than 180 days after the last occurring 30-day period
referred to in subparagraph (A).
``(3) The Trade Representative shall commence a review
under this section if the request--
``(A) is in writing;
``(B) includes information reasonably available to
the petitioner regarding the failure of the foreign
country to comply with the trade agreement;
``(C) identifies the economic interest of the
petitioner that is being adversely affected by the
failure referred to in subparagraph (B); and
``(D) describes the extent of the adverse effect.
``(4) If 2 or more requests are filed during any period
described in paragraph (2) regarding the same trade agreement,
all of such requests shall be joined in a single review of the
trade agreement.
``(c) Review.--
``(1) If 1 or more requests regarding any trade agreement
are received during any period described in subsection (b)(2),
then within 90 days after the last day of such period the Trade
Representative shall determine whether the foreign country is
in material compliance with the terms of the trade agreement.
``(2) In making a determination under paragraph (1), the
Trade Representative shall take into account--
``(A) the extent to which the foreign country has
adhered to the commitments it made to the United
States;
``(B) the extent to which that degree of adherence
has achieved the objectives of the agreement; and
``(C) any act, policy, or practice of the foreign
country, or other relevant factor, that may have
contributed directly or indirectly to material
noncompliance with the terms of the agreement.
The acts, policies, or practices referred to in subparagraph
(C) may include structural policies, tariff or nontariff
barriers, or other actions which affect compliance with the
terms of the agreement.
``(3) In conducting any review under para- graph (1), the
Trade Representative may, if the Trade Representative
considers such action necessary or appropriate--
``(A) consult with the Secretary of Commerce and
the Secretary of Agriculture;
``(B) seek the advice of the United States
International Trade Commission; and
``(C) provide opportunity for the presentation of
views by the public.
``(d) Action After Affirmative Determination.--
``(1) If, on the basis of the review carried out under
subsection (c), the Trade Representative determines that a
foreign country is not in material compliance with the terms of
a trade agreement, the Trade Representative shall determine
what action to take under section 301(a).
``(2) For purposes of section 301, any determination made
under subsection (c) shall be treated as a determination made
under section 304.
``(3) In determining what action to take under section
301(a), the Trade Representative shall seek to minimize the
adverse impact on existing business relations or economic
interests of United States persons, including products for
which a significant volume of trade does not currently exist.
``(e) International Obligations.--Nothing in this section may be
construed as requiring actions that are inconsistent with the
international obligations of the United States, including the General
Agreement on Tariffs and Trade.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Congressional Notification.--Section 309(3)(A) of the Trade Act
of 1974 (19 U.S.C. 2419(3)(A)) is amended by striking out ``section
302,'' and inserting ``sections 302 and 306A(c),''.
(b) Table of Contents.--The table of contents of the Trade Act of
1974 relating to chapter 1 of title III is amended by inserting after
the item relating to section 306 the following:
``Sec. 306A. Requests for review of foreign compliance.''. | Trade Agreements Compliance Act of 1993 - Amends the Trade Act of 1974 to authorize an interested person to request the United States Trade Representative (USTR) to determine whether a foreign country is complying with any bilateral trade agreement to which the United States is a party (other than the United States-Canada Free Trade Agreement or the Agreement on the Establishment of a Free Trade Area between the United States and Israel). Requires the USTR to take specified action under the Act if he or she determines that such country is in material noncompliance with such agreement.
Requires the amendments made by this Act to be consistent with U.S. international obligations, including the General Agreement on Tariffs and Trade. | Trade Agreements Compliance Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pullman National Historical Park
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Pullman Historical District was designated as a
National Historic Landmark (NHL) District in 1970 by the
Secretary of the Interior for its significance to American
labor history, social history, architecture, urban planning,
and the events that took place at Pullman were pivotal in
creating the world's first national Labor Day holiday.
(2) The Historic Pullman District, built between the years
of 1880 and 1884, was established by George M. Pullman, owner
of the Pullman Palace Car Company. Pullman envisioned an
industrial town that provided employees with a model community
and suitable living conditions for workers and their families.
The town, which consisted of over 1,000 buildings and homes,
was awarded ``The World's Most Perfect Town'' at the
International Hygienic and Pharmaceutical Exposition in 1896.
(3) The Pullman factory site is a true symbol of the
historic American struggle to achieve fair labor practices for
the working class, with the original factory serving as the
catalyst for the first industry-wide strike in the United
States. In the midst of economic depression in 1894, Pullman
factory workers initiated a strike to protest unsafe conditions
and reductions in pay that, when taken up as a cause by the
American Railway Union (ARU), crippled the entire rail
industry. The strike continued even in the face of a Federal
injunction and a showdown between laborers and Federal troops
that turned violent and deadly. But the strike also set a
national example for the ability of working Americans to change
the existing system in favor of more just practices for
protecting workers rights and safety.
(4) The Pullman community was the site of the famous 1894
Pullman labor strike. Following the deaths of a number of
workers at the hands of the U.S. military and U.S. Marshals
during that strike, the United States Congress unanimously
voted to approve rush legislation that created a national Labor
Day holiday. President Grover Cleveland signed it into law a
mere six days after the end of the strike.
(5) The Pullman Car Company also played an important role
in African-American and early Civil Rights history through the
legacy of the Pullman Porters. Many of the Pullman Porters were
ex-slaves who were employed in a heavily discriminatory
environment immediately following the Civil War. These men, who
served diligently between the 1870s and the 1960s, have been
commended for their level of service and attention to detail,
as well as their contributions to the development of the Black
middle class. The information, ideas, and commerce they carried
across the country (while traveling on trains) helped to bring
education and wealth to Black communities everywhere. Their
positive role in the historical image of the first-class
service that was made available on Pullman cars is
unmistakable.
(6) Pullman was the seminal home to the Brotherhood of
Sleeping Car Porters, the first African-American labor union
with a collective bargaining agreement, founded by civil rights
pioneer A. Philip Randolph in 1925. This union fought against
discrimination and in support of just labor practices, and
helped lay the groundwork for what became the great Civil
Rights Movement of the 20th century.
(7) The Pullman community is a paramount illustration of
the work of architect Solon Spencer Beman and a well-preserved
example of 19th century community planning, architecture, and
landscape design. The community is comprised of a number of
historic structures, including the Administration (Clock-tower)
Building, Hotel Florence, Greenstone Church, Market Square, and
hundreds of units of row houses built for Pullman workers.
(8) The preservation of Pullman has been threatened by
plans for demolition in 1960 and by a fire in 1998, which
damaged the iconic clock-tower and the rear erecting shops. The
restoration and preservation led by the diligent efforts of
community organizations, foundations, non-profits, residents,
and the local and State government were vital to the protection
of the site.
(9) Due to the Pullman's historic and architectural
significance, the site is designated as--
(A) a registered National Historic Landmark
District;
(B) an Illinois State Landmark; and
(C) a City of Chicago Landmark District.
(10) The preservation, enhancement, economic, and tourism
potential and management of the Pullman National Historical
Park's important historical and architectural resources
requires cooperation and partnerships from among local property
owners, local, State, and Federal Government entities, the
private and non-profit sectors, and more than 100 civic
organizations who have expressed support for community
preservation through the creation of Pullman National
Historical Park.
SEC. 3. ESTABLISHMENT OF PULLMAN NATIONAL HISTORICAL PARK.
(a) Establishment and Purpose.--There is hereby established Pullman
National Historical Park in the State of Illinois for the purposes of--
(1) preserving and interpreting for the benefit of future
generations the significant labor, industrial and social
history; the significant civil rights history; and the
significant architectural structures in Pullman National
Historical Park;
(2) preserving and interpreting for the benefit of future
generations the role of Pullman in the creation of the world's
first national Labor Day holiday;
(3) coordinating preservation, protection, and
interpretation efforts by Federal, State, or local governmental
entities, and/or private and nonprofit organizations; and
(4) coordinating appropriate management options needed to
ensure the protection, preservation, and interpretation of the
many significant aspects of the site.
(b) Boundaries.--The boundaries of Pullman National Historical Park
should reflect and not exceed the boundaries of the Pullman Historic
District in Chicago, which is between 103rd Street on the north, 115th
Street on the south, Cottage Grove Avenue on the west, and the Norfolk
& Western Rail Line on the east. The area encompasses about 300 acres.
The National Park Service would initially own only the Pullman Factory
Complex, including the Administration/Clock Tower Building and rear
erecting shops and the approximately 13 acres of land on which the
structures sit, which would be conveyed to the National Park Service by
the State of Illinois. All future land, buildings, and assets could be
transferred to the Federal Government by donation, transfer, or
exchange only.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary of the Interior shall administer
Pullman National Historical Park in accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park Service Organic Act (16
U.S.C. 1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
Additionally, nothing in this law modifies any authority of the United
States to carry out Federal laws on Federal land located within the
Park.
(b) Cooperative Agreements.--The Secretary may also enter into
cooperative agreements with the State or other public and non-public
parties, 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 but outside
boundaries), including providing for placement of directional and
interpretive signage, exhibits, and technology-based interpretive
devices.
(c) Land and Property Acquisition.--All land, buildings,
structures, or interests in land owned by the State or any other
political, private, or non-profit entity may be acquired by the Federal
Government by donation, transfer, exchange, or purchase from a willing
seller.
(d) 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 State, shall complete a general
management plan for the Park in accordance with--
(1) section 12(b) of the National Park System General
Authorities Act (16 U.S.C. 1a-7(b)); and
(2) any other applicable laws. | Pullman National Historical Park Act - Establishes the Pullman National Historical Park in Illinois as a unit of the National Park System to: (1) preserve and interpret for the benefit of future generations the significant labor, industrial, civil rights, and social history of the Park, the significant architectural structures in the Park, and the role of the Pullman community in the creation of the first national Labor Day holiday in the world; (2) coordinate preservation, protection, and interpretation efforts of the Park by the federal government, the state of Illinois, units of local government, and private and nonprofit organizations; and (3) coordinate appropriate management options necessary to ensure the protection, preservation, and interpretation of the many significant aspects of the Park. Requires the Secretary of the Interior to complete a general management plan for the Park. | Pullman National Historical Park Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Speech About Science Act of
2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Federal regulators have forbidden--
(A) cherry growers and food producers to cite
independent and respected scientific research on their
produce that references health benefits; and
(B) a variety of dietary supplement makers to cite
independent scientific research on health benefits from
supplements from respected, peer-reviewed scientific
journals.
(2) Americans want access and have a right to access
legitimate scientific information about foods and dietary
supplements to ensure informed decisions about diet and health
care. While the American public is inundated daily with
advertisements about prescription drugs for health conditions,
many of which could be prevented through lifestyle changes,
proper nutrition, and informed use of dietary supplements,
Americans are denied access to the very information that
assists in making informed lifestyle and health care decisions.
(3) Providing access to scientific information promotes
self-responsibility, thereby empowering Americans to exercise
independent judgment in caring for themselves and ultimately
reducing health care costs and improving quality of life.
(4) The United States has a long commitment to the free
dissemination of scientific research with the exception of
limited extreme situations for national security. This
commitment goes back to the First Amendment to the Constitution
and has contributed vitally to the Nation's economic progress.
SEC. 3. MISBRANDED FOOD AND DIETARY SUPPLEMENTS.
Section 403(r) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(r)) is amended--
(1) in subparagraph (3)--
(A) by redesignating clause (D) as clause (E);
(B) by inserting after clause (C) the following:
``(D) Notwithstanding the provisions of clauses (A)(i) and (B), a
claim of the type described in subparagraph (1)(B) which is not
authorized by the Secretary in a regulation promulgated in accordance
with clause (B) shall be authorized and may be made with respect to a
food if--
``(i) the claim is based on legitimate scientific research;
``(ii) the claim and the food for which the claim is made
are in compliance with clause (A)(ii) and are otherwise in
compliance with paragraph (a) and section 201(n);
``(iii) the claim is stated in a manner so that the claim--
``(I) is an accurate balanced summary of such
research; and
``(II) enables the public to comprehend the
information provided in the claim and the relative
significance of such information in the context of a
total daily diet;
``(iv) the claim includes a citation to such research; and
``(v) the claim identifies each party that funded such
research.'';
(C) in clause (E), as so redesignated, by striking
``clause (C)'' each place it appears and inserting
``clause (C) or (D)''; and
(D) by adding at the end the following:
``(F) In this subparagraph, the term `legitimate scientific
research' means scientific research, whether performed in vitro, in
vivo, in animals, or in humans, that--
``(i) is conducted in accordance with sound scientific
principles;
``(ii) has been evaluated and accepted by a scientific or
medical panel; and
``(iii) has been published in its entirety, or as an
accurate, balanced summary or scientific review including a
citation to the research in its entirety, in--
``(I) a peer-reviewed article or book;
``(II) a recognized textbook;
``(III) a peer-reviewed scientific publication; or
``(IV) any publication of the United States
Government (including ones published by or at the
request of a Federal department, agency, institute,
center, or academy).'';
(2) by amending subparagraph (6) to read as follows:
``(6)(A) For purposes of subparagraph (1)(B), a statement for a
dietary supplement may be made if--
``(i) the statement claims a benefit related to a classical
nutrient deficiency condition and discloses the prevalence of
such condition in the United States, describes the role of a
nutrient or dietary ingredient intended to affect the structure
or function in humans, characterizes the documented mechanism
by which a nutrient or dietary ingredient acts to maintain such
structure or function, or describes general well-being from
consumption of a nutrient or dietary ingredient;
``(ii) the manufacturer of the dietary supplement has
substantiation that such statement is truthful and not
misleading;
``(iii) the statement contains, prominently displayed and
in boldface type, the following: `This statement has not been
evaluated by the Food and Drug Administration. This product is
not intended to diagnose, treat, cure, or prevent any
disease.'; and
``(iv) the statement does not claim to diagnose, mitigate,
treat, cure, or prevent a specific disease or class of
diseases.
``(B) Notwithstanding subparagraph (1)(B), a statement for a
dietary supplement may be made if--
``(i) the statement claims to diagnose, mitigate, treat,
cure, or prevent a specific disease or class of diseases, based
on legitimate scientific research (as defined in subparagraph
(3)(F));
``(ii) the manufacturer of the dietary supplement has
substantiation that such statement is truthful and not
misleading;
``(iii) the statement contains, prominently displayed and
in boldface type, the following: `This statement has not been
evaluated by the Food and Drug Administration.';
``(iv) the claim includes a citation to the research
referred to in subclause (i); and
``(v) the claim identifies each party that funded such
research.
If the manufacturer of a dietary supplement proposes to make a
statement described in clause (A) or (B) in the labeling of the dietary
supplement, the manufacturer shall notify the Secretary no later than
30 days after the first marketing of the dietary supplement with such
statement that such a statement is being made.''; and
(3) by adding at the end the following:
``(8) Subject to subparagraph (1) (relating to claims in the label
or labeling of food), the Secretary shall take no action to restrict in
any way the distribution of information that is not false or misleading
on legitimate scientific research (as defined in subparagraph (3)(F))
in connection with the sale of food.''. | Free Speech About Science Act of 2010 - Amends the Federal Food, Drug, and Cosmetic Act to allow food producers to make a disease or health-related claim about a food if such claim is based on legitimate scientific research. Requires such a claim to: (1) be stated so that it is an accurate, balanced summary of such research and enables the public to comprehend the information provided in the claim and the relative significance of such information in the context of a total daily diet; and (2) identify each party that funded research to support the claim.
Allows a disease or health-related statement for a dietary supplement if: (1) the statement claims to diagnose, treat, cure, or prevent a specific disease or class of diseases, based on legitimate scientific research; (2) the manufacturer of the supplement has substantiation that such statement is truthful and not misleading; and (3) the health claim includes a citation to the research supporting such claim and identifies each party that funded such research.
Prohibits the Secretary of Health and Human Services (HHS) from restricting the distribution of information that is not false or misleading and that is based on legitimate scientific research in connection with the sale of food. | To amend the Federal Food, Drug, and Cosmetic Act concerning the distribution of information on legitimate scientific research in connection with foods and dietary supplements, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pilot's Bill of Rights''.
SEC. 2. FAA ENFORCEMENT PROCEEDINGS AND ELIMINATION OF DEFERENCE.
(a) In General.--Notwithstanding any other provision of law, any
proceeding conducted under subpart C or D and F of part 821 of title
49, Code of Federal Regulations, relating to denial, amendment,
modification, suspension, or revocation of an airman certificate, shall
be conducted in accordance with the Federal Rules of Civil Procedure
and Federal Rules of Evidence, to the extent practicable.
(b) Access to Information.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall advise (in a timely manner and in writing)
an individual who is the subject of an investigation relating
to approval, denial, suspension, modification, or revocation of
an airman certificate under chapter 447 of title 49, United
States Code, of the following:
(A) The nature of the investigation.
(B) An oral or written response to a Letter of
Investigation from the Administrator is not required.
(C) No action or adverse inference can be taken
against the individual for declining to respond to a
Letter of Investigation from the Administrator.
(D) Any response to a Letter of Investigation from
the Administrator or to an inquiry made by a
representative of the Administrator by the individual
may be used as evidence against the individual.
(E) The releasable portions of the Administrator's
investigative report will be available to the
individual.
(2) Access to air traffic data.--The Administrator of the
Federal Aviation Administration shall provide (in a timely
manner) an individual who is the subject of an investigation
relating to approval, denial, suspension, modification, or
revocation of an airman certificate under chapter 447 of title
49, United States Code, any air traffic data that would
facilitate the individual's ability to productively participate
in the investigation, including the following:
(A) Relevant air traffic communication tapes.
(B) Radar information.
(C) Air traffic controller statements.
(D) Flight data.
(E) Investigative reports.
(F) Any other air traffic or flight data that would
facilitate the individual's ability to productively
participate in the investigation.
(3) Timing.--The Administrator shall not proceed against an
individual that is the subject of an investigation described in
paragraph (1) for at least 30 days after the air traffic data
required under paragraph (2) is made available to the
individual.
(c) Amendments to Title 49.--
(1) Airman certificates.--Section 44703(d)(2) of title 49,
United States Code, is amended by striking the second sentence
and inserting the following: ``The Board is not bound by the
findings of fact of the Administrator of the Federal Aviation
Administration or the interpretation of laws or regulations the
Administrator carries out, but may consider the interpretation
and guidance of the Administrator in its review in accordance
with the general administrative law principles of deference.''.
(2) Amendments, modifications, suspensions, and revocations
of certificates.--Section 44709(d)(3) of title 49, United
States Code, is amended by striking ``is not bound'' and all
that follows through the end period and inserting the
following: ``is not bound by the findings of fact of the
Administrator or the interpretation of laws or regulations the
Administrator carries out, but may consider the interpretation
and guidance of the Administrator in its review in accordance
with the general administrative law principles of deference.''.
(3) Revocation of airman certificates for controlled
substance violations.--The third sentence of section
44710(d)(1) of title 49, United States Code, is amended in the
third sentence, by striking ``is not bound'' and all that
follows through the end period, and inserting the following:
``is not bound by findings of fact of the Administrator or the
interpretation of laws or regulations the Administrator carries
out, but may consider the interpretation and guidance of the
Administrator in its review in accordance with the general
administrative law principles of deference.''.
(d) Appeal From Certificate Actions.--Upon an order or final
decision by the Administrator of the Federal Aviation Administration
denying an airman certificate under section 44703(d) of title 49,
United States Code, or imposing a punitive civil action or an emergency
order of revocation under section 44709 (d) and (e) of title 49, United
States Code, the individual adversely affected by the Administrator's
action may, at the individual's election, file an appeal in the United
States district court in which the individual resides, in which the
action in question occurred, or in the district court for the District
of Columbia. If the individual adversely affected by the
Administrator's action elects not to file an appeal in a Federal
district court, the individual may file an appeal with the National
Transportation Safety Board.
(e) Standard of Review.--In an appeal filed under subsection (d),
the district court or the National Transportation Safety Board, as the
case may be, shall give full independent review of a denial,
suspension, or revocation ordered by the Administrator, including
substantive independent and expedited review of any decision by the
Administrator to make the order effective immediately.
SEC. 3. NOTAMS PROVIDED TO AIRMEN.
(a) In General.--
(1) Definition.--In this section, the term ``NOTAM'' means
notices to airmen.
(2) Improvements.--Not later than 180 days after the date
of the enactment of this Act, the Administrator of the Federal
Aviation Administration shall begin a Notice to Airmen
Improvement Program (in this section referred to as the ``NOTAM
Improvement Program'') to--
(A) improve the system of providing airmen with
pertinent and timely information regarding the national
airspace system;
(B) to archive, in a public central location, all
notices to airmen, including the original content and
form of the notices, the original date of publication,
and any amendments to such notices with the date of
each amendment; and
(C) apply filters so that pilots can prioritize
critical flight safety information from other airspace
system information.
(b) Goals of Program.--The goals of the NOTAM Improvement Program
are to--
(1) decrease the overwhelming volume of NOTAMS an airman
receives when retrieving airman information prior to a flight
in the national airspace system;
(2) make the NOTAMS more specific and relevant to the
airman's route and in a format that is more useable to the
airman;
(3) provide both a full set of NOTAM results in addition to
specific information requested by airmen;
(4) provide a document that is easily searchable; and
(5) provide a filtering mechanism similar to that provided
by the Department of Defense Notices to Airmen.
(c) Advice From Private Sector Groups.--The Administrator shall
establish a NOTAM Improvement Panel, consisting of relevant nonprofit
and not-for-profit general aviation pilot groups, to advise the
Administrator in carrying out the goals of the Program under this
section.
(d) Phase-In and Completion.--The improvements required by this
section shall be phased in as quickly as practicable and shall be
completed not later than the date that is 1 year after the date of the
enactment of this Act.
SEC. 4. FLIGHT SERVICE STATION BRIEFINGS.
The Flight Service Station briefings and other air traffic services
performed by Lockheed Martin or any other government contractor shall
be available to airmen under the section 522 of title 5, United States
Code (commonly known as the ``Freedom of Information Act'').
SEC. 5. MEDICAL CERTIFICATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall begin a review of the Administration's medical
certification standards and forms in order to--
(1) revise the medical application form to provide greater
clarity and guidance to applicants; and
(2) align medical qualification policies with present-day
qualified medical judgment and practices as they may apply to
an individual's medically relevant circumstances; and
(3) publish objective medical standards so that the public
is fairly advised of the criteria that determines an airman's
medical certificate eligibility.
(b) Goals of Program.--The goals of the review are to--
(1) provide questions in the medical application form
that--
(A) are appropriate without being overly broad;
(B) are subject to a minimum amount of
misinterpretation and mistaken responses;
(C) allow for consistent treatment and responses
during the medical application process; and
(D) avoid unnecessary allegations that an
individual has intentionally falsified answers on the
form;
(2) provide questions that elicit information that is
relevant to making a determination of an individual's medical
qualifications within the standards identified in the
Administrator's regulations;
(3) give medical standards greater meaning by ensuring the
information requested aligns with present-day medical judgment
and practices; and
(4) provide that the application of those standards ensures
an appropriate and fair evaluation of an individual's
qualifications, and that the individual understands the basis
for determining medical qualifications.
(c) Advice From Private Sector Groups.--The Administrator shall
establish a panel, consisting of relevant nonprofit and not-for-profit
general aviation pilot groups, aviation medical examiners, and other
qualified medical experts, to advise the Administrator in carrying out
the goals of the review required by this section.
(d) Phase-In and Completion.--The actions to revise the medical
application form, to align the medical qualification policies, and to
publish objective medical standards shall be phased in as quickly as
practicable and shall be completed not later than the date that is 1
year after the date of the enactment of this Act. | Pilot's Bill of Rights - Requires National Transportation Safety Board (NTSB) proceedings for the review of decisions of the Administrator of the Federal Aviation Administration (FAA) to deny, amend, modify, suspend, or revoke an airman's certificate to be conducted, to the extent practicable, in accordance with the Federal Rules of Civil Procedure and Federal Rules of Evidence.
Requires the Administrator to: (1) advise the subject of an investigation involving the approval, denial, suspension, modification, or revocation of an airman certificate of specified information pertinent to the investigation; and (2) provide him or her with access to relevant air traffic data.
Allows an individual to elect to file an appeal of a certificate denial, a punitive civil action, or an emergency order of revocation in the U.S. district court in which individual resides, in which the action in question occurred, or the district court for the District of Columbia. Allows an adversely affected individual who elects not to file an appeal in a federal district court to file such appeal with the NTSB.
Directs the Administrator to begin a Notice to Airmen (NOTAM) Improvement Program to improve the system of providing airmen with pertinent and timely information before a flight in the national airspace system.
Makes Flight Service Station briefings and other air traffic services performed by Lockheed Martin or any other government contractor available to airmen under the Freedom of Information Act (FOIA).
Requires the Administrator to review the FAA system for the medical certification of airmen in order to: (1) revise the medical application form, (2) align medical qualification policies with present-day qualified medical judgment and practices, and (3) publish objective medical standards to advise the public of the criteria determining an airman's medical certificate eligibility. | A bill to amend title 49, United States Code, to provide rights for pilots, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chemical Security Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Federal Bureau of Investigation and the Agency for
Toxic Substances and Disease Registry believe that the
possibility of terrorist and criminal attacks on chemical
plants poses a serious threat to human health, safety, and the
environment;
(2) limiting public access to chemical accident information
does not address the underlying problem of the vulnerability of
chemical plants to criminal attack; on the contrary, providing
public access to chemical accident information may create
substantial incentives to reduce such vulnerability;
(3) there are significant opportunities to prevent criminal
attack on chemical plants by employing inherently safer
technologies in the manufacture and use of chemicals; such
technologies may offer industry substantial savings by reducing
the need for site security, secondary containment, buffer
zones, mitigation, and liability insurance;
(4) chemical plants have a general duty to design and
maintain safe facilities to prevent criminal activity that may
result in harm to human health, safety and the environment; and
(5) if the Attorney General determines that chemical plants
have not taken adequate actions to protect themselves from
criminal attack, the Attorney General must establish a program
to ensure that such actions are taken.
SEC. 3. PREVENTION OF CRIMINAL RELEASES.
(a) Purpose and General Duty.--Section 112(r)(1) of the Clean Air
Act (42 U.S.C. 7412(r)(1)) is amended by striking the second sentence
and inserting the following: ``Each owner and each operator of a
stationary source that produces, processes, handles, or stores such a
substance has a general duty in the same manner and to the same extent
as the duty imposed under section 5 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 654) to identify hazards that may result
from an accidental release or criminal release using appropriate hazard
assessment techniques, to ensure design and maintenance of safe
facilities taking such actions as are necessary to prevent accidental
releases and criminal releases, and to minimize the consequences of any
accidental release or criminal release that does occur.''.
(b) Definitions.--Section 112(r)(2) of the Clean Air Act (42 U.S.C.
7412(r)(2)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) Criminal release.--The term `criminal
release' means--
``(i) a release of a regulated substance
from a stationary source into the environment
that is caused, in whole or in part, by a
criminal act; and
``(ii) a release into the environment of a
regulated substance that has been removed from
a stationary source, in whole or in part, by a
criminal act.
``(C) Design and maintenance of safe facilities.--
The term `design and maintenance of safe facilities'
means, with respect to the facilities at a stationary
source, the practices of--
``(i) preventing or reducing the
vulnerability of the stationary source to a
release of a regulated substance through use of
inherently safer technology to the maximum
extent practicable;
``(ii) reducing any vulnerability of the
stationary source that remains after taking the
measures described in clause (i) through
secondary containment, control, or mitigation
equipment to the maximum extent practicable;
``(iii) reducing any vulnerability of the
stationary source that remains after taking the
measures described in clauses (i) and (ii) by--
``(I) making the facilities
impregnable to intruders to the maximum
extent practicable; and
``(II) improving site security and
employee training to the maximum extent
practicable; and
``(iv) reducing the potential consequences
of any vulnerability of the stationary source
that remains after taking the measures
described in clauses (i) through (iii) through
the use of buffer zones between the stationary
source and surrounding populations (including
buffer zones between the stationary source and
residences, schools, hospitals, senior centers,
shopping centers and malls, sports and
entertainment arenas, public roads and
transportation routes, and other population
centers).
``(D) Use of inherently safer technology.--
``(i) In general.--The term `use of
inherently safer technology' means use of a
technology, product, raw material, or practice
that, as compared to the technology, products,
raw materials, or practices currently in use--
``(I) reduces or eliminates the
possibility of release of a toxic,
volatile, corrosive, or flammable
substance prior to secondary
containment, control, or mitigation;
and
``(II) reduces or eliminates the
hazards to public health and the
environment associated with the release
or potential release of a substance
described in subclause (I).
``(ii) Inclusions.--The term `use of
inherently safer technology' includes input
substitution, process redesign, product
reformulation, procedure simplification, and
technology modification so as to--
``(I) use less hazardous or benign
substances;
``(II) moderate pressures or
temperatures;
``(III) reduce the likelihood and
potential consequences of human error;
``(IV) improve inventory control
and chemical use efficiency; and
``(V) reduce or eliminate storage,
transportation, and handling of
hazardous chemicals.''.
(c) Determination and Regulations.--Section 112(r) of the Clean Air
Act (42 U.S.C. 7412(r)) is amended by adding at the end the following:
``(12) Prevention of criminal releases.--
``(A) Determination of adequacy.--Not later than 1
year after the date of enactment of this paragraph, the
Attorney General, in consultation with the
Administrator, shall determine whether the owners or
operators of stationary sources have taken adequate
actions, including the design and maintenance of safe
facilities, to detect, prevent, and minimize the
consequences of criminal releases that may cause
substantial harm to public health, safety, and the
environment.
``(B) Chemical security regulations.--If the
Attorney General determines, under subparagraph (A),
that adequate actions have not been taken, the Attorney
General, in consultation with the Administrator, shall
promulgate, not later than 2 years after the date of
enactment of this paragraph, requirements to ensure
that owners or operators of stationary sources take
adequate actions, including the design and maintenance
of safe facilities, to detect, prevent, and minimize
the consequences of criminal releases that may cause
substantial harm to public health, safety, and the
environment.''.
SEC. 4. REGULATIONS.
The Administrator of the Environmental Protection Agency and the
Attorney General may promulgate such regulations as are necessary to
carry out this Act and the amendments made by this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator of the
Environmental Protection Agency and the Attorney General such sums as
are necessary to carry out this Act and the amendments made by this
Act, to remain available until expended. | Chemical Security Act of 1999 - Amends provisions of the Clean Air Act regarding accidental releases of hazardous substances anticipated to cause death, injury, or serious health or environmental effects to require the Attorney General to: (1) determine whether owners or operators of stationary sources have taken adequate actions to detect, prevent, and minimize the consequences of criminal releases that may cause harm to public health and safety and the environment; and (2) promulgate requirements to ensure that such actions are taken, if they have not been taken. Defines a "criminal release" as a release of such a substance: (1) from a stationary source into the environment caused by a criminal act; and (2) that has been removed from a source by a criminal act.
Authorizes appropriations. | Chemical Security Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Property Low Hanging Fruit
Act''.
SEC. 2. UNIFORM AUTHORITY FOR EXECUTIVE DEPARTMENTS TO USE FUNDS FROM
DISPOSAL OF FEDERAL REAL PROPERTY.
(a) Authority To Convey.--The head of each executive department
may--
(1) convey, by sale, lease, exchange, or otherwise,
including through leaseback arrangements, real and related
property, or interests therein, under their ownership and
control; and
(2) retain the net proceeds of such dispositions in an
account within the general fund of the United States Treasury
established for purposes of this section, to be used in
accordance with subsection (b).
(b) Use of Funds.--For purposes of subsection (a), the net proceeds
of such dispositions retained in the account of an executive department
pursuant to that subsection shall be available to the head of the
executive department, until expended and without further appropriation
and in compliance with other applicable provisions of law, to pay any
necessary and incidental costs incurred by such head in connection with
Federal property management activities of the executive department,
including acquisition, improvements, maintenance, reconstruction, or
construction needs. In conducting these activities, an executive
department may enter into agreements with the General Services
Administration for assistance.
(c) Regulations.--The Director of the Office of Management and
Budget, in consultation with the Administrator of General Services and
the Secretary of Defense, shall promulgate regulations to carry out
this section.
(d) Definitions.--In this section:
(1) Net proceeds.--The term ``net proceeds'', with respect
to a disposition of property or interests under this section,
means the rental, sales, and other sums received less the costs
of the disposition.
(2) Executive department.--The term ``executive
department'' means an Executive department listed in section
101 of title 5, United States Code.
SEC. 3. PUBLIC-PRIVATE AGREEMENT PILOT PROGRAM.
(a) Plan for Entering Into Public-Private Agreements.--
(1) In general.--The head of a covered agency shall develop
and carry out a plan to enter into one or more agreements with
a nongovernmental person, for the purposes described in
paragraph (2).
(2) Purposes.--The purposes of any agreement entered into
under paragraph (1) shall be--
(A) to lease Federal real properties that are
underutilized or excess, under the terms of subsection
(c); and
(B) to develop, rehabilitate, or renovate
facilities on such leased properties for the benefit of
the covered agency.
(3) Number of properties.--A total of at least 5, and not
more than 10, Federal real properties shall be leased under
agreements entered into under paragraph (1).
(b) Agreement Terms.--
(1) In general.--Each agreement entered into pursuant to
this section--
(A) shall have as its primary purpose the
enhancement of the functional and economic efficiency
of Federal real property;
(B) shall be negotiated pursuant to such procedures
as the head of the covered agency concerned considers
necessary to promote competition and protect the public
interest;
(C) shall provide a lease option to the United
States to occupy space in the facilities acquired,
constructed, or rehabilitated under the agreement, but
shall not guarantee occupancy by the United States;
(D) shall describe the consideration, duties, and
responsibilities for which the United States and the
nongovernmental person are responsible and may provide
for the alteration, repair, or improvement of the real
property as part or all of the consideration of the
nongovernmental person, notwithstanding any provision
of law, including section 1302 of title 40, United
States Code;
(E) shall provide--
(i) that the United States shall not be
liable for any actions, debts, or liability of
the nongovernmental person; and
(ii) that no person is authorized by the
agreement to execute any instrument or document
creating or evidencing any indebtedness unless
such instrument or document specifically
disclaims any liability of the United States
under the instrument or document; and
(F) shall provide that the leasehold interests of
the United States are senior to that of any lender to
the nongovernmental person.
(2) Ability to pledge as collateral.--Subparagraph (F)
shall not impair the ability of the nongovernmental person to
pledge as collateral its leasehold interest under a lease with
the United States entered into pursuant to the terms of
subsection (c).
(c) Lease of Real Property.--
(1) Authority.--Notwithstanding any other provision of law,
including sections 582 and 583 of title 40, United States Code,
the head of a covered agency may lease real property under an
agreement under subsection (a) to the nongovernmental person
that is party to the agreement.
(2) Period of lease.--A lease under this subsection may be
for such period as the head of the covered agency determines
appropriate.
(3) Relationship to homeless assistance act.--Real property
leased under this subsection shall not be considered unutilized
or underutilized for purposes of section 501 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11411) and may be
leased under this subsection without regard to any other
provision of law.
(d) Services.--Notwithstanding any other provision of law, the head
of a covered agency, or his or her designee, may provide services under
an agreement under subsection (a) to the nongovernmental person that is
party to the agreement on such terms as the head considers appropriate.
(e) Use and Deposit of Revenues.--
(1) Use of revenues.--Notwithstanding any other provision
of law, the head of a covered agency may retain and use any
revenues derived from agreements entered into under this
section for Federal property management activities of the
covered agency, including acquisition, improvements,
maintenance, reconstruction, or construction needs.
(2) Deposit of revenues.--Revenues received by the head of
a covered agency from an agreement under subsection (a) shall
be deposited--
(A) in the case of the General Services
Administration, into the fund created by section 592 of
title 40, United States Code; and
(B) in the case of any other covered agency, into
the account of the agency established under section
2(a).
(f) Plan.--
(1) Matters covered.--The plan of a covered agency required
under subsection (a) shall--
(A) identify the Federal real properties that the
head of the covered agency proposes to make available
under the agreement or agreements to be entered into
with one or more nongovernmental persons; and
(B) include performance measures by which the
proposed project or projects will be measured.
(2) Consultation with council.--In developing the plan
required under subsection (a), the head of a covered agency
shall consult with the Federal Real Property Council.
(g) Submissions to Congress of Plan and Agreements.--
(1) Submission of plan within 12 months.--The head of a
covered agency shall submit to Congress the plan required by
subsection (a) not later than 12 months after the date of the
enactment of this Act.
(2) Submission of each agreement to congress before
implementation.--The head of a covered agency shall submit to
Congress each agreement entered into under subsection (a) and
may not implement any such agreement until at least 30 days has
expired after the date of submission to Congress. The
submission to Congress under this paragraph shall also
include--
(A) an explanation of the agreement;
(B) the name, resources, and qualifications of the
nongovernmental person or persons that are party to the
agreement;
(C) the name of any other nongovernmental person
that submitted a proposal for the property that is the
subject of the agreement;
(D) the factors in support of the proposed project
or projects covered by the agreement; and
(E) the projected economic performance, including
expenditures and receipts, arising from the agreement.
(3) Submission of all agreements within 3 years.--The head
of a covered agency shall submit to Congress all agreements to
be entered into under the plan not later than 3 years after the
date of the enactment of this Act.
(h) Projected Economic Performance.--The head of a covered agency
shall describe, in the budget submitted by the President pursuant to
section 1105 of title 31, United States Code, for a fiscal year, the
projected economic performance, including expenditures and receipts,
arising from each agreement entered into pursuant this section and in
effect during such fiscal year.
(i) Definitions.--In this section:
(1) Covered agency.--The term ``covered agency'' means each
of the following:
(A) The Department of Defense.
(B) The Department of Agriculture.
(C) The Department of Energy.
(D) The General Services Administration.
(2) Head of a covered agency.--The term ``head of a covered
agency'' means each of the following:
(A) The Secretary of Defense.
(B) The Secretary of Agriculture.
(C) The Secretary of Energy.
(D) The Administrator of General Services.
(3) Federal real property.--The term ``Federal real
property'' means property, as that term is defined in section
102(9) of title 40, United States Code.
(4) Excess.--The term ``excess'', with respect to Federal
real property, means excess property as defined in section
102(3) of title 40, United States Code.
(5) Nongovernmental person.--The term ``nongovernmental
person'' means a limited liability company, limited
partnership, corporation, business trust, nonprofit entity, or
such other form of entity as the head of a covered agency may
designate.
(6) Executive agency.--The term ``executive agency'' has
the meaning provided in section 102(4) of title 40, United
States Code.
(j) Reports by Government Accountability Office.--The Comptroller
General of the United States shall submit to Congress two reports on
the effectiveness of the public-private agreement pilot program under
this section. The first report shall be submitted not later than 5
years after the date of the enactment of this section, and the second
report shall be submitted not later than 10 years after such date of
enactment. Each report shall include specific recommendations on how
best to use public-private agreements in all Federal agencies to
improve Federal real property management. | Federal Property Low Hanging Fruit Act - Authorizes the head of each executive department to convey real and related property under the department's ownership and control and retain the net proceeds in an account within the Treasury. Makes such proceeds available to the department head to pay necessary and incidental costs for the department's property management activities, including acquisition, improvements, maintenance, reconstruction or construction needs. Directs the head of each of the Departments of Defense (DOD), Agriculture, and Energy (DOE) and the General Services Administration (GSA) to develop and carry out a plan to enter into agreements with a nongovernmental person to: (1) lease at least 5, but not more than 10, federal real properties that are underutilized or excess; and (2) develop, rehabilitate, or renovate facilities on such leased properties. Requires such agreements to provide a lease option to the United States and indemnity for any actions, debts, or liability of the nongovernmental person. Directs the Comptroller General (GAO) to submit reports to Congress on the effectiveness of the plan. | Federal Property Low Hanging Fruit Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arctic Marine Shipping Assessment
Implementation Act of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds and declares the following:
(1) The Arctic Ocean and adjacent seas are becoming
increasingly accessible to shipping, due to thinning ice cover,
technological improvements allowing greater efficiencies in the
operation of ice-breakers and ice-strengthened cargo and
passenger vessels, satellite support for navigation and real-
time ice-charting, and growing demand for Arctic tourism and
natural resources.
(2) It is in the interests of the United States to work
with the State of Alaska and our neighbors in the Arctic Region
to ensure that shipping in the Arctic Ocean and adjacent seas
is safe for mariners, protective of the natural environment,
including the air, land, water, and wildlife of the Arctic, and
mindful of the needs of longstanding subsistence users of
Arctic resources.
(3) It is further in the interests of the United States to
ensure that shipping in the Arctic Ocean and adjacent seas is
secure, and that United States sovereign and security
interests, including the rights of United States vessels to
innocent passage through international straits, are respected
and protected, that access is provided throughout the Arctic
Ocean for legitimate research vessels of all nations, and that
peaceful relations are maintained in the Arctic region.
(4) It is further in the interests of the United States to
see that a system of international cooperation is established
to support reliable shipping, with methods for joint investment
in providing mariners aids to navigation, ports of refuge,
vessel-to-shore communication, hydrographic mapping, and search
and rescue capability.
(5) For nearly 500 years, mariners and sea-faring nations
have sought national and global benefits from sea routes in the
Arctic similar to those provided now by the Panama and Suez
canals, but as those benefits may finally be realized, expanded
shipping will present risks to residents of the Arctic, and
coordinated shipping regulations are needed to protect United
States interests even from shipping that may occur in the
Arctic region outside United States territorial waters.
(6) Proven models for international cooperation in
management of regional waterways exist, including United States
joint administration of the St. Lawrence Seaway with Canada,
and existing cooperation between the Coast Guard and its
Russian Federation counterpart for fisheries enforcement in the
Bering Sea and North Pacific regions.
(7) The United States has continuing research, security,
environmental, and commercial interests in the Arctic region
that rely on the availability of icebreaker platforms of the
Coast Guard. The Polar Class icebreakers commissioned in the
1970s are in need of replacement.
(8) Sovereign interests of the United States in the Arctic
Ocean and Bering Sea regions may grow with submission of a
United States claim for an extended continental shelf.
(9) Building new icebreakers, mustering international plans
for aids to navigation and other facilities, and establishing
coordinated shipping regulations and oil spill prevention and
response capability through international cooperation,
including the approval of the International Maritime
Organization, requires long lead times. Beginning those efforts
now, with the completion of an Arctic Marine Shipping
Assessment by the eight-nation Arctic Council, is essential to
protect United States interests given the extensive current use
of the Arctic Ocean and adjacent seas by vessels of many
nations.
(b) Purpose.--The purpose of this Act is to ensure safe, secure,
and reliable maritime shipping in the Arctic including the availability
of aids to navigation, vessel escorts, spill response capability, and
maritime search and rescue in the Arctic.
SEC. 3. INTERNATIONAL MARITIME ORGANIZATION AGREEMENTS.
To carry out the purpose of this Act, the Secretary of the
department in which the Coast Guard is operating shall work through the
International Maritime Organization to establish agreements to promote
coordinated action among the United States, Russia, Canada, Iceland,
Norway, and Denmark and other seafaring and Arctic nations to ensure,
in the Arctic--
(1) placement and maintenance of aids to navigation;
(2) appropriate icebreaking escort, tug, and salvage
capabilities;
(3) oil spill prevention and response capability;
(4) maritime domain awareness, including long-range vessel
tracking; and
(5) search and rescue.
SEC. 4. COORDINATION BY COMMITTEE ON THE MARITIME TRANSPORTATION
SYSTEM.
The Committee on the Maritime Transportation System established
under a directive of the President in the Ocean Action Plan, issued
December 17, 2004, shall coordinate the establishment of domestic
transportation policies in the Arctic necessary to carry out the
purpose of the Act.
SEC. 5. AGREEMENTS AND CONTRACTS.
The Secretary of the department in which the Coast Guard is
operating may, subject to the availability of appropriations, enter
into cooperative agreements, contracts, or other agreements with, or
make grants to individuals and governments to carry out the purpose of
this Act or any agreements established under section 3.
SEC. 6. ICEBREAKING.
The Secretary of the department in which the Coast Guard is
operating shall promote safe maritime navigation by means of
icebreaking where needed to assure the reasonable demands of commerce.
SEC. 7. DEMONSTRATION PROJECTS.
The Secretary of Transportation may enter into cooperative
agreements, contracts, or other agreements with, or make grants to,
individuals to conduct demonstration projects to reduce emissions or
discharges from vessels operating in the Arctic.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) to the Secretary of the department in which the Coast
Guard is operating--
(A) $750,000,000 for each of fiscal years 2011 and
2012 for the construction of two polar capable
icebreakers;
(B) $5,000,000 for each of fiscal years 2011
through 2015 for seasonal operations in the Arctic; and
(C) $10,000,000 for each of fiscal years 2012
through 2015 to carry out agreements established under
section 5; and
(2) to the Secretary of Transportation $5,000,000 for each
of fiscal years 2011 through 2015 to conduct demonstration
projects under section 7.
SEC. 9. ARCTIC DEFINITION.
In this Act the term ``Arctic'' has the same meaning as in section
112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). | Arctic Marine Shipping Assessment Implementation Act of 2009 - Directs the Secretary of the department in which the Coast Guard is operating to work through the International Maritime Organization to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure in the Arctic: (1) placement and maintenance of aids to navigation; (2) appropriate icebreaking escort, tug, and salvage capabilities; (3) oil spill prevention and response capability; (4) maritime domain awareness, including long-range vessel tracking; and (5) search and rescue.
Directs the Committee on the Maritime Transportation System to coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out this Act.
Authorizes the Secretary, subject to the availability of appropriations, to enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals and governments to carry out this Act or any agreements.
Directs the Secretary to promote safe commercial maritime navigation by means of icebreaking when necessary.
Authorizes the Secretary to enter into such agreements or contracts with, or make such grants to, individuals to conduct demonstration projects to reduce emissions or discharges from vessels operating in the Arctic. | To ensure safe, secure, and reliable marine shipping in the Arctic including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Protection Act of
2003''.
SEC. 2. FINDINGS.
Congress hereby finds that--
(1) small businesses represent more than 99 percent of all
employers,
(2) the majority of private sector employees work for small
businesses,
(3) more than half of all high-tech workers work for small
businesses,
(4) small businesses are responsible for the majority of
net job creation in the United States,
(5) more than 12 million small businesses are owned by
women or minorities,
(6) small businesses face unique challenges in accessing
capital markets,
(7) small businesses are exposed to more market volatility
than larger employers,
(8) small businesses are hurt disproportionately by costs
imposed by government regulations, and
(9) small businesses are in need of reforms to the tax code
that reflect these unique challenges.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to provide employees salaries and benefits, and to help
ensure solvency of small businesses during times of recession,
(2) to encourage the formation, growth, and survival of
small businesses,
(3) to encourage opportunities for charitable giving by
small businesses, and
(4) to enable small businesses to stimulate the national
economy through increased employment and capital generation.
SEC. 4. SMALL BUSINESS PROTECTION ACCOUNTS.
(a) In General.--Subpart C of part II of subchapter E of chapter 1
of the Internal Revenue Code of 1986 (relating to taxable year for
which deductions taken) is amended by inserting after section 468B the
following:
``SEC. 468C. SMALL BUSINESS PROTECTION ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual engaged in
an eligible small business, there shall be allowed as a deduction for
any taxable year the amount paid in cash by the taxpayer during the
taxable year to a Small Business Protection Account.
``(b) Limitation.--
``(1) In general.--The amount which a taxpayer may pay into
a Small Business Protection Account for any taxable year shall
not exceed 50 percent of so much of the net profit of the
taxpayer (determined without regard to this section) which is
attributable (determined in the manner applicable under section
1301) to any trade or business.
``(2) Carryover of excess limitation.--If the limitation
under paragraph (1) for any taxable year exceeds the amount
paid by the taxpayer to the taxpayer's Small Business
Protection Account for such year, the limitation under
paragraph (1) for the following taxable year (determined
without regard to this paragraph) shall be increased by such
excess.
``(c) Eligible Small Business.--For purposes of this section, the
term `eligible small business' means any trade or business if--
``(1) such trade or business (or any predecessor thereof)
meets the gross receipts test of section 448(c) for all prior
taxable years,
``(2) such trade or business is not a passive activity
(within the meaning of section 469(c)) of the taxpayer,
``(3) such trade or business is not a farming business (as
defined in section 263A(e)(4)), and
``(4) such trade or business has never been determined by
the United States Equal Employment Opportunity Commission to
have engaged in job discrimination.
``(d) Small Business Protection Account.--For purposes of this
section--
``(1) In general.--The term `Small Business Protection
Account' means a trust created or organized in the United
States for the exclusive benefit of the taxpayer, but only if
the written governing instrument creating the trust meets the
following requirements:
``(A) No contribution will be accepted for any
taxable year in excess of the amount allowed as a
deduction under subsection (a) for such year.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
such person will administer the trust will be
consistent with the requirements of this section.
``(C) The assets of the trust consist entirely of
cash or of obligations which have adequate stated
interest (as defined in section 1274(c)(2)) and which
pay such interest not less often than annually.
``(D) All income of the trust is distributed
currently to the grantor.
``(E) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Account taxed as grantor trust.--The grantor of a
Small Business Protection Account shall be treated for purposes
of this title as the owner of such Account and shall be subject
to tax thereon in accordance with subpart E of part I of
subchapter J of this chapter (relating to grantors and others
treated as substantial owners).
``(e) Inclusion of Amounts Distributed.--
``(1) In general.--Except as provided in paragraph (2),
there shall be includible in the gross income of the taxpayer
for any taxable year--
``(A) any amount distributed from a Small Business
Protection Account of the taxpayer during such taxable
year, and
``(B) any deemed distribution under--
``(i) subsection (f)(1) (relating to
deposits not distributed within 5 years),
``(ii) subsection (f)(2) (relating to
cessation in eligible small business), and
``(iii) subparagraph (A) or (B) of
subsection (f)(3) (relating to prohibited
transactions and pledging account as security).
``(2) Exceptions.--Paragraph (1)(A) shall not apply to--
``(A) any distribution to the extent attributable
to income of the Account, and
``(B) the distribution of any contribution paid
during a taxable year to a Small Business Protection
Account to the extent that such contribution exceeds
the limitation applicable under subsection (b) if
requirements similar to the requirements of section
408(d)(4) are met.
For purposes of subparagraph (A), distributions shall be
treated as first attributable to income and then to other
amounts.
``(f) Special Rules.--
``(1) Tax on deposits in account which are not distributed
within 5 years.--
``(A) In general.--If, at the close of any taxable
year, there is a nonqualified balance in any Small
Business Protection Account--
``(i) there shall be deemed distributed
from such Account during such taxable year an
amount equal to such balance, and
``(ii) the taxpayer's tax imposed by this
chapter for such taxable year shall be
increased by 10 percent of such deemed
distribution.
The preceding sentence shall not apply if an amount
equal to such nonqualified balance is distributed from
such Account to the taxpayer before the due date
(including extensions) for filing the return of tax
imposed by this chapter for such year (or, if earlier,
the date the taxpayer files such return for such year).
``(B) Nonqualified balance.--For purposes of
subparagraph (A), the term `nonqualified balance' means
any balance in the Account on the last day of the
taxable year which is attributable to amounts deposited
in such Account before the 4th preceding taxable year.
``(C) Ordering rule.--For purposes of this
paragraph, distributions from a Small Business
Protection Account (other than distributions of current
income) shall be treated as made from deposits in the
order in which such deposits were made, beginning with
the earliest deposits.
``(2) Cessation in eligible business.--At the close of the
first disqualification period after a period for which the
taxpayer was engaged in an eligible small business, there shall
be deemed distributed from the Small Business Protection
Account of the taxpayer an amount equal to the balance in such
Account (if any) at the close of such disqualification period.
For purposes of the preceding sentence, the term
`disqualification period' means any period of 2 consecutive
taxable years for which the taxpayer is not engaged in an
eligible small business.
``(3) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 220(f)(8) (relating to treatment on
death).
``(B) Section 408(e)(2) (relating to loss of
exemption of account where individual engages in
prohibited transaction).
``(C) Section 408(e)(4) (relating to effect of
pledging account as security).
``(D) Section 408(g) (relating to community
property laws).
``(E) Section 408(h) (relating to custodial
accounts).
``(4) Time when payments deemed made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to a
Small Business Protection Account on the last day of a taxable
year if such payment is made on account of such taxable year
and is made on or before the due date (without regard to
extensions) for filing the return of tax for such taxable year.
``(5) Individual.--For purposes of this section, the term
`individual' shall not include an estate or trust.
``(6) Deduction not allowed for self-employment tax.--The
deduction allowable by reason of subsection (a) shall not be
taken into account in determining an individual's net earnings
from self-employment (within the meaning of section 1402(a))
for purposes of chapter 2.
``(g) Reports.--The trustee of a Small Business Protection Account
shall make such reports regarding such Account to the Secretary and to
the person for whose benefit the Account is maintained with respect to
contributions, distributions, and such other matters as the Secretary
may require under regulations. The reports required by this subsection
shall be filed at such time and in such manner and furnished to such
persons at such time and in such manner as may be required by such
regulations.''.
(b) Tax on Excess Contributions.--
(1) Subsection (a) of section 4973 of such Code (relating
to tax on excess contributions to certain tax-favored accounts
and annuities) is amended by striking ``or'' at the end of
paragraph (3), by redesignating paragraph (4) as paragraph (5),
and by inserting after paragraph (3) the following:
``(4) a Small Business Protection Account (within the
meaning of section 468C(d)), or''.
(2) Section 4973 of such Code is amended by adding at the
end the following:
``(g) Excess Contributions to Small Business Protection Account.--
For purposes of this section, in the case of a Small Business
Protection Account (within the meaning of section 468C(d)), the term
`excess contributions' means the amount by which the amount contributed
for the taxable year to the Account exceeds the amount which may be
contributed to the Account under section 468C(b) for such taxable year.
For purposes of this subsection, any contribution which is distributed
out of the Small Business Protection Account in a distribution to which
section 468C(e)(2)(B) applies shall be treated as an amount not
contributed.''.
(3) The section heading for section 4973 of such Code is
amended to read as follows:
``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES,
ETC.''.
(4) The table of sections for chapter 43 of such Code is
amended by striking the item relating to section 4973 and
inserting the following:
``Sec. 4973. Excess contributions to
certain accounts, annuities,
etc.''.
(c) Tax on Prohibited Transactions.--
(1) Subsection (c) of section 4975 of such Code (relating
to tax on prohibited transactions) is amended by adding at the
end the following:
``(6) Special rule for Small Business Protection Account.--
A person for whose benefit a Small Business Protection Account
(within the meaning of section 468C(d)) is established shall be
exempt from the tax imposed by this section with respect to any
transaction concerning such account (which would otherwise be
taxable under this section) if, with respect to such
transaction, the account ceases to be a Small Business
Protection Account by reason of the application of section
468C(f)(3)(A) to such account.''.
(2) Paragraph (1) of section 4975(e) of such Code is
amended by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively, and by inserting after
subparagraph (D) the following:
``(E) a Small Business Protection Account described
in section 468C(d),''.
(d) Failure To Provide Reports on Small Business Protection
Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to
failure to provide reports on certain tax-favored accounts or
annuities) is amended by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively, and by inserting after
subparagraph (B) the following:
``(C) section 468C(g) (relating to Small Business
Protection Accounts),''.
(e) Clerical Amendment.--The table of sections for subpart C of
part II of subchapter E of chapter 1 of such Code is amended by
inserting after the item relating to section 468B the following:
``Sec. 468C. Small Business Protection
Accounts.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
(g) Report.--Not later than 1 year after the date of the enactment
of this Act, the Administrator of the Small Business Administration
shall submit a report on the implementation and effectiveness of
section 468C of the Internal Revenue Code of 1986 (as added by this
section), with emphasis on the impact of Small Business Protection
Accounts in enterprise and similar zones, to the Committee on Small
Business of the House of Representatives and the Committee on Small
Business and Entrepreneurship of the Senate.
SEC. 5. ADMINISTRATIVE AUTHORITY.
The Administrator of the Small Business Administration shall
designate the Small Business Development Center Program as the lead
agency for assisting small businesses in establishing and operating
Small Business Protection Accounts. The Internal Revenue Service shall
provide such assistance to the Small Business Administration as
necessary for the purposes of this section. | Small Business Protection Act of 2003 - Amends the Internal Revenue Code to allow a deduction, of up to 50 percent of net profit, for contributions to a Small Business Protection Account. | To amend the Internal Revenue Code of 1986 to provide for Small Business Protection Accounts, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Television Improvement Act of
1997''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Television is seen and heard in nearly every American
home and is a uniquely pervasive presence in the daily lives of
Americans. The average American home has 2.5 televisions, and a
television is turned on in the average American home 7 hours
every day.
(2) Television plays a particularly significant role in the
lives of children. Recent figures provided by Nielsen Research
show that children between the ages of 2 years and 11 years
spend an average of 21 hours in front of a television each
week.
(3) Television has an enormous capability to influence
perceptions, especially those of children, of the values and
behaviors that are common and acceptable in society.
(4) The influence of television is so great that its images
and messages often can be harmful to the development of
children. Social science research amply documents a strong
correlation between the exposure of children to televised
violence and a number of behavioral and psychological problems.
(5) Hundreds of studies have proven conclusively that
children who are consistently exposed to violence on television
have a higher tendency to exhibit violent and aggressive
behavior, both as children and later in life.
(6) Such studies also show that repeated exposure to
violent programming causes children to become desensitized to
and more accepting of real-life violence and to grow more
fearful and less trusting of their surroundings.
(7) A growing body of social science research indicates
that sexual content on television can also have a significant
influence on the attitudes and behaviors of young viewers. This
research suggests that heavy exposure to programming with
strong sexual content contributes to the early commencement of
sexual activity among teenagers.
(8) Members of the National Association of Broadcasters
(NAB) adhered for many years to a comprehensive code of conduct
that was based on an understanding of the influence exerted by
television and on a widely held sense of responsibility for
using that influence carefully.
(9) This code of conduct, the Television Code of the
National Association of Broadcasters, articulated this sense of
responsibility as follows:
(A) ``In selecting program subjects and themes,
great care must be exercised to be sure that the
treatment and presentation are made in good faith and
not for the purpose of sensationalism or to shock or
exploit the audience or appeal to prurient interests or
morbid curiosity.
(B) ``Broadcasters have a special responsibility
toward children. Programs designed primarily for
children should take into account the range of
interests and needs of children, from instructional and
cultural material to a wide variety of entertainment
material. In their totality, programs should contribute
to the sound, balanced development of children to help
them achieve a sense of the world at large and informed
adjustments to their society.
(C) ``Violence, physical or psychological, may only
be projected in responsibly handled contexts, not used
exploitatively. Programs involving violence present the
consequences of it to its victims and perpetrators.
Presentation of the details of violence should avoid
the excessive, the gratuitous and the instructional.
(D) ``The presentation of marriage, family, and
similarly important human relationships, and material
with sexual connotations, shall not be treated
exploitatively or irresponsibly, but with sensitivity.
(E) ``Above and beyond the requirements of the law,
broadcasters must consider the family atmosphere in
which many of their programs are viewed. There shall be
no graphic portrayal of sexual acts by sight or sound.
The portrayal of implied sexual acts must be essential
to the plot and presented in a responsible and tasteful
manner.''.
(10) The NAB abandoned the code of conduct in 1983 after
three provisions of the code restricting the sale of
advertising were challenged by the Department of Justice on
antitrust grounds and a Federal district court issued a summary
judgment against the NAB regarding one of the provisions on
those grounds. However, none of the programming standards of
the code were challenged.
(11) While the code of conduct was in effect, its
programming standards were never found to have violated any
antitrust law.
(12) Since the NAB abandoned the code of conduct,
programming standards on broadcast and cable television have
deteriorated dramatically. Lurid and sensational talk shows are
aired regularly throughout the day and profanities have
become commonplace during the early hours of prime time, when millions
of young children are watching.
(13) In the absence of effective programming standards,
public concern about the impact of television on children, and
on society as a whole, has risen substantially. Polls routinely
show that more than 80 percent of Americans are worried by the
increasingly graphic nature of sex, violence, and vulgarity on
television and by the amount of programming that openly
sanctions or glorifies criminal, antisocial, and degrading
behavior.
(14) At the urging of Congress, the television industry has
taken some steps to respond to public concerns about
programming standards and content. The broadcast television
industry agreed in 1992 to adopt a set of voluntary guidelines
designed to ``proscribe gratuitous or excessive portrayals of
violence''. Shortly thereafter, both the broadcast and cable
television industries agreed to conduct independent studies of
the violent content in their programming and make those reports
public.
(15) In 1996, the television industry as a whole made a
commitment to develop a comprehensive rating system to label
programming that may be harmful or inappropriate for children.
That system was implemented at the beginning of this year.
(16) Despite these recent efforts to respond to public
concern about the impact of television on children, millions of
Americans, especially parents with young children, remain angry
and frustrated at the sinking standards of television
programming, the reluctance of the industry to police itself,
and the harmful influence of television on the well-being of
the children and the values of the United States.
(17) The Department of Justice issued a ruling in 1993
indicating that additional efforts by the television industry
to develop and implement voluntary programming guidelines would
not violate the antitrust laws. The ruling states that ``such
activities may be likened to traditional standard setting
efforts that do not necessarily restrain competition and may
have significant procompetitive benefits. . . . Such guidelines
could serve to disseminate valuable information on program
content to both advertisers and television viewers. Accurate
information can enhance the demand for, and increase the output
of, an industry's products or services.''.
(18) The Children's Television Act of 1990 (Public Law 101-
437) states that television broadcasters in the United States
have a clear obligation to meet the educational and
informational needs of children.
(19) Several independent analyses have demonstrated that
the television broadcasters in the United States have not
fulfilled their obligations under the Children's Television Act
of 1990 and have not noticeably expanded the amount of
educational and informational programming directed at young
viewers since the enactment of that Act.
SEC. 3. PURPOSE.
(a) Purpose.--The purpose of this Act is to permit the broadcast
and cable television industry--
(1) to work collaboratively to respond to growing public
concern about the current content of television programming and
the harmful influence of such programming on children;
(2) to develop a set of voluntary programming guidelines
similar to those contained in the Television Code of the
National Association of Broadcasters; and
(3) to implement the guidelines in a manner that alleviates
the negative impact of television programming on the
development of children in the United States and stimulates the
development and broadcast of educational and informational
programming for such children.
(b) Construction.--This Act may not be construed as--
(1) providing the Federal Government with any authority to
restrict the content of television programming that is in
addition to the authority to restrict such programming under
law as of the date of enactment of this Act; or
(2) approving any action of the Federal Government to
restrict the content of such programming that is in addition to
any actions undertaken for that purpose by the Federal
Government under law as of such date.
SEC. 4. EXEMPTION OF VOLUNTARY AGREEMENTS ON GUIDELINES FOR TELECAST
MATERIAL FROM APPLICABILITY OF ANTITRUST LAWS.
(a) Exemption.--Subject to subsection (b), the antitrust laws shall
not apply to any joint discussion, consideration, review, action, or
agreement by or among persons in the television industry for the
purpose of developing and disseminating voluntary guidelines designed--
(1) to alleviate the negative impact of telecast material
such as, but not limited to, violence, sexual content, criminal
behavior, or profane language; or
(2) to promote telecast material that is educational,
informational, or otherwise beneficial to the development of
children.
(b) Limitation.--The exemption provided in subsection (a) shall not
apply to any joint discussion, consideration, review, action, or
agreement which--
(1) results in a boycott of any person; or
(2) concerns the purchase or sale of advertising, including
(without limitation) restrictions on the number of products
that may be advertised in a commercial, the number of times a
program may be interrupted for commercials, and the number of
consecutive commercials permitted within each interruption.
(c) Definitions.--In this section:
(1) Antitrust laws.--The term ``antitrust laws'' has the
meaning given such term in the first section of the Clayton Act
(15 U.S.C. 12) and includes section 5 of the Federal Trade
Commission Act (15 U.S.C. 45).
(2) Person in the television industry.--The term ``person
in the television industry'' means a television network, any
entity which produces programming for television distribution
(including theatrical motion pictures), the National Cable
Television Association, the Association of Independent
Television Stations, Inc., the National Association of
Broadcasters, the Motion Picture Association of America, and
each of the affiliate organizations of the television networks,
and includes any individual acting on behalf of such person.
(3) Telecast.--The term ``telecast'' means any program
broadcast by a television broadcast station or transmitted by a
cable television system. | Television Improvement Act of 1997 - Exempts from Federal antitrust laws any discussions, reviews, or agreements (action) entered into among persons in the television industry to develop and disseminate voluntary guidelines governing television broadcast material. Makes such exemption inapplicable to action which: (1) results in a boycott of any person; or (2) concerns the purchase or sale of advertising. | Television Improvement Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Jobs Tax Credit Act of 2010''.
SEC. 2. REFUNDABLE CREDIT FOR INCREASING EMPLOYMENT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36A the following new section:
``SEC. 36B. CREDIT FOR INCREASING EMPLOYMENT.
``(a) In General.--In the case of an eligible employer, there shall
be allowed as a credit against the tax imposed by this subtitle--
``(1) for any taxable year beginning in 2010, an amount
equal to 15 percent of the excess (if any) of--
``(A) the aggregate wages paid during 2010, over
``(B) the inflation-adjusted wages paid during
2009, and
``(2) for any taxable year beginning in 2011, an amount
equal to 10 percent of the excess (if any) of--
``(A) the aggregate wages paid during 2011, over
``(B) the inflation-adjusted wages paid during
2010.
``(b) Eligible Employer.--For purposes of this section, the term
`eligible employer' means any employer which conducts an active trade
or business in an area other than--
``(1) a city or town with a population of more than 50,000
inhabitants (based on the most recent available census data),
or
``(2) any urbanized area contiguous and adjacent to such a
city or town.
``(c) Quarterly Advance Payments of Credit.--
``(1) In general.--The Secretary shall pay (without
interest) to each employer for each calendar quarter an amount
equal to the credit percentage of the excess (if any) of--
``(A) the aggregate wages paid by the employer
during such quarter, over
``(B) the inflation-adjusted wages paid by the
employer during the comparable quarter of the preceding
calendar year.
``(2) Credit percentage.--For purposes of paragraph (1),
the credit percentage is--
``(A) 15 percent in the case of the calendar
quarters of 2010, and
``(B) 10 percent in the case of the calendar
quarters of 2011.
``(3) Reconciliation.--
``(A) In general.--If there is a payment under
paragraph (1) for 1 or more calendar quarters ending
with or within a taxable year, then the tax imposed by
this chapter for such taxable year shall be increased
by the aggregate amount of such payments.
``(B) Reconciliation.--Any increase in tax under
subparagraph (A) shall not be treated as tax imposed by
this chapter for purposes of determining the amount of
any credit (other than the credit under subsection (a))
allowable under this part.
``(4) Time for filing claim.--No claim shall be allowed
under this subsection with respect to any calendar quarter
unless filed on or before the earlier of--
``(A) the last day of the succeeding quarter, or
``(B) the time prescribed by law for filing the
return of tax imposed by this chapter for the taxable
year in which or with which such quarter ends.
``(5) Interest.--Notwithstanding paragraph (1), if the
Secretary has not paid pursuant to a claim filed under this
subsection within 45 days of the date of the filing of such
claim (20 days in the case of an electronic claim), the claim
shall be paid with interest from such date determined by using
the overpayment rate and method under section 6621.
``(d) Total Wages Must Increase.--The amount of credit allowed
under this section for any taxable year shall not exceed the amount
which would be so allowed for such year if--
``(1) the aggregate amounts taken into account as wages
were determined without any dollar limitation, and
``(2) 103 percent of the amount of wages otherwise required
to be taken into account under subsection (a)(1)(B) or
subsection (a)(2)(B), as the case may be, were taken into
account.
``(e) Inflation-Adjusted Wages; Wages.--For purposes of this
section--
``(1) Inflation-adjusted wages.--
``(A) In general.--The term `inflation-adjusted
wages' means, for any period--
``(i) the aggregate wages paid by the
employer during such period, increased by
``(ii) an amount equal to the inflation
percentage of such wages.
``(B) Inflation percentage.--The inflation
percentage is--
``(i) 3 percent for purposes of determining
inflation-adjusted wages for periods during
2009, and
``(ii) 5 percent for purposes of
determining inflation-adjusted wages for
periods during 2010.
``(2) Wages.--
``(A) In general.--Except as provided in
subparagraph (B), the term `wages' means, with respect
to any calendar year, so much of wages (as defined in
section 3121(a)) as does not exceed the median
household income in the United States for the preceding
calendar year.
``(B) Railway labor.--In the case of remuneration
subject to the tax imposed by 3201(a), the term `wages'
means, with respect to any calendar year, so much of
compensation (as defined in section 3231(e)) as does
not exceed the median household income in the United
States for the preceding calendar year.
``(f) Special Rules.--
``(1) Adjustments for certain acquisitions, etc.--
``(A) Acquisitions.--If, after December 31, 2008,
an employer acquires the major portion of a trade or
business of another person (hereinafter in this
subparagraph referred to as the `predecessor') or the
major portion of a separate unit of a trade or business
of a predecessor, then, for purposes of applying this
section for any calendar year ending after such
acquisition, the amount of wages deemed paid by the
employer during periods before such acquisition shall
be increased by so much of such wages paid by the
predecessor with respect to the acquired trade or
business as is attributable to the portion of such
trade or business acquired by the employer.
``(B) Dispositions.--If, after December 31, 2008--
``(i) an employer disposes of the major
portion of any trade or business of the
employer or the major portion of a separate
unit of a trade or business of the employer in
a transaction to which subparagraph (A)
applies, and
``(ii) the employer furnishes the acquiring
person such information as is necessary for the
application of subparagraph (A),
then, for purposes of applying this section for any
calendar year ending after such disposition, the amount
of wages deemed paid by the employer during periods
before such disposition shall be decreased by so much
of such wages as is attributable to such trade or
business or separate unit.
``(2) Change in status from self-employed to employee.--
If--
``(A) during 2009 or 2010 an individual has net
earnings from self-employment (as defined in section
1402(a)) which are attributable a trade or business,
and
``(B) for any portion of the succeeding calendar
year such individual is an employee of such trade or
business,
then, for purposes of determining the credit allowable for a
taxable year beginning in such succeeding calendar year, the
employer's aggregate wages for 2009 or 2010, as the case may
be, shall be increased by an amount equal to so much of the net
earnings referred to in subparagraph (A) as does not exceed the
median household income in the United States for 2009 or 2010,
as the case may be.
``(3) Certain other rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 51(f) (relating to remuneration must
be for trade or business employment).
``(B) Section 51(k) (relating to treatment of
successor employers; treatment of employees performing
services for other persons).
``(C) Section 52 (relating to special rules).
``(4) Short taxable years.--If the employer has more than 1
taxable year beginning in 2010 or 2011, the credit under this
section shall be determined for the employer's last taxable
year beginning in 2010 or 2011, as the case may be.
``(g) Tax-Exempt Employers Treated as Taxpayers.--Solely for
purposes of this section and section 6402, employers exempt from tax
under section 501(a) shall be treated as taxpayers.''.
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``36B(a),'' before ``45A(a)''.
(c) Conforming Amendments.--
(1) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36B,'' after ``36A,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 36A the following new item:
``Sec. 36B. Credit for increasing employment.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
(e) Notice of Availability of Credit.--The Secretary of the
Treasury shall work with the State Employment Security Agencies to
inform businesses of the availability of section 36B of the Internal
Revenue Code of 1986 (as added by this Act). | Rural Jobs Tax Credit Act of 2010 - Amends the Internal Revenue Code to allow eligible employers, including tax-exempt employers, a refundable tax credit for increases in wages paid during 2010 and 2011.
Defines an "eligible employer" as any employer that conducts an active trade or business in an area other than: (1) a city or town of more than 50,000 inhabitants; or (2) any urbanized area contiguous and adjacent to such a city or town.
Directs the Secretary of the Treasury to work with state employment agencies to inform businesses of the availability of the tax credit allowed by this Act. | To amend the Internal Revenue Code of 1986 to allow employers a refundable credit for increasing employment. |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) California's rapid population growth and the lack of
understanding about the environmental impacts of this growth
have caused a number of serious present and potential barriers
to future economic development of California.
(2) California has great environmental complexity and
diversity and a great variety of human interventions in its
ecosystem.
(3) Future environmental policies for California must be
informed by careful cost-benefit analysis that considers the
serious risks, and the benefits, of environmental policy.
(4) The California Urban Environmental Research and
Education Center promotes coordination of and collaboration on
environmentally sound economic development in California and
ensures that continued sustainable economic development can
occur.
(5) Due to the closing of many military facilities and
installations in California, such Center can provide important
assistance to the process of converting defense resources to
non-defense uses.
(6) The Center is in a position to develop model incentives
and remove market barriers so as to motivate greater private
sector involvement and investment in the solution of
environmental problems.
SEC. 2. CENTER.
(a) Support.--The Administrator of the Environmental Protection
Agency shall continue to support the development and expansion of the
California Urban Environmental Research and Education Center.
(b) Cooperative Agreement.--
(1) Authority.--If the California State University, Hayward
consents and provides the matching funds required by paragraph
(2), the Administrator shall enter into a series of cooperative
agreements with the California State University, Hayward to
provide continuing support for the Center. The California State
University, Hayward shall work in close cooperation with the
other universities of the California State University system
(including the California State Universities at Sacramento, San
Jose, San Francisco, and Sonoma) in the research and policy
analysis performed under any such cooperative agreement.
(2) Matching funds.--In any cooperative agreement described
in paragraph (1), the California State University, Hayward,
shall guarantee matching funds or in-kind resources equal to 20
percent of the funds received by the Center from the
Administrator. The Center and the California State University,
Hayward shall, to the maximum extent practicable, solicit
additional funds or in-kind contributions from State, local,
and private sector sources to increase the ability of the
Center to conduct applied research and education projects under
this Act.
(3) Membership.--A university in the California State
University system or a university in California which is not a
university in the California State University system may become
a member of the Center under such guidelines and conditions as
are reasonable and mutually agreeable to the Center and the
university.
(c) Governing Board.--
(1) Initial appointments.--For the two-year period
beginning on the date of the establishment of the Center, the
Center shall have a Governing Board composed of the following:
(A) The Executive Director of the Center.
(B) One member appointed by the President of the
California State University, Hayward.
(C) One member appointed by the President of the
California State University, Sacramento.
(D) One member appointed by the President of the
California State University, San Jose.
(E) One member appointed by the President of the
California State University, San Francisco.
(F) One member appointed by the President of the
California State University, Sonoma.
(2) Subsequent appointments.--After the two-year period
referred to in paragraph (1), the composition of the Governing
Board shall be determined by the sitting members of the
Governing Board, in consultation with the Presidents of each
university of the California State University system, except as
provided in subsection (d)(1).
(3) Chair.--The Executive Director shall serve as chair of
the Governing Board for the first five years after the
establishment of the Center. Subsequently, the Governing Board
shall elect a chair from among its members.
(4) Duties.--It shall be the duty of the Governing Board--
(A) to establish criteria for membership in the
Center;
(B) to establish criteria and requirements for the
contribution of matching funds or in kind contributions
by member universities and those applying for
membership in the Center;
(C) to establish guidelines for fair representation
on the Governing Board of universities that are not
universities of the California State University system;
(D) to establish how scholarships, fellowships, and
grants will be awarded by the Center;
(E) to advise the Executive Director of the Center
on matters pertaining to the management of the Center's
internal projects and administration, with respect to
the management of grants; and
(F) to perform such other duties, with respect to
the management of grants, as the Governing Board
considers necessary to carry out the functions of the
Center under this Act.
(d) Executive Director; Staff.--
(1) Executive director.--The Center shall have an Executive
Director who shall be appointed for a five-year term. The
President of the California State University, Hayward shall
make the initial appointment of an Executive Director for a
five-year term beginning on the date of the establishment of
the Center, and shall make an appointment for the second five-
year term. The Governing Board shall appoint each Executive
Director appointed after the initial two appointments.
(2) Budget.--The Executive Director shall annually submit
to the Governing Board a budget which includes projected staff
requirements and other projected expenses. The Governing Board
shall review and advise on the budget each year.
(e) Principal Office.--(1) The principal office of the Center shall
be located in northern California.
(2) Before the end of the two-year period beginning on the date of
the establishment of the Center, the Governing Board shall consider the
establishment of a second office and conference facility to be located
in southern California, convenient to member universities.
SEC. 3. FUNCTIONS.
(a) In General.--The overall objective of the Center shall be to
promote and foster sustainable economic development throughout the
State of California, using the resources and skills of its universities
and colleges whenever possible. The Center shall achieve such objective
by engaging in the following functions:
(1) To develop an ongoing program of applied environmental
research, education, and outreach that can be used by the
Federal Government, State and local governments, and the
private sector to ensure that future government policies to
encourage economic development in California are grounded on
sound, sustainable environmental and economic principles.
(2) To foster public-private partnerships to find solutions
to the environmental problems of California and ways of
removing market barriers to private sector development.
(3) To bring together researchers from the member
universities and colleges of the Center to focus on the most
important environmental problems of California related to
sustainable economic development, with the aim of analysis and
synthesis of policy implications and dissemination of policy
oriented research findings to managers in the public and
private sectors.
(4) To support the following activities:
(A) The coordination and funding of research
activities of universities for collaborative collection
and evaluation of data on California's geology,
hydrology, soils, biology, weather and climate, natural
hazards, demography, infrastructure, resource use,
land-use patterns, land-ownership patterns, business
development, environmental equity, and regulatory
zones.
(B) The analysis of public policy implications of
economic development programs that affect the ecology
of California.
(C) The conduct of seminars and other educational
programs for policy makers in the Federal Government,
State and local governments, and the private sector on
the implications of the findings and conclusions
derived from the Center's activities. The Center shall
use electronic technology, such as computer networks
and video conferencing, to convey the cumulative
findings and conclusions derived from the Center's
activities and to foster an exchange of ideas.
(D) The conduct, not more than once each year, of a
national conference on ecology and sustainable economic
development for business and labor leaders to foster an
exchange of ideas and information.
(E) The provision of ready access to the Center's
collective expertise for policy makers in the Federal
Government and State and local governments, and for
representatives of private- and public-sector
organizations, through meetings, publications, special
reports, video, electronic mail, computer networks, and
other means to share up-to-date information on research
findings and policy development for sustainable
economic development.
(F) The minimization of duplication and waste in
applied research and demonstration programs within the
areas of the Center's expertise.
(G) The development of educational programs,
curricula, and instructional materials for colleges,
universities, and other educational institutions to
impart the knowledge and skills required to implement
environmentally sustainable economic development, for
the purpose of equipping students for jobs in the
public and private sectors.
(H) The development of bachelors and masters degree
programs for individuals who have lost or may lose
employment as a result of cutbacks in defense spending
to prepare such individuals for employment as
environmental professionals, and the development of
certification programs in environmental sciences and
studies for such individuals.
(I) The preparation of minority students for
environmental professions, including the development of
an enriched curriculum in the environmental sciences at
the baccalaureate and post-graduate levels for
underrepresented minority students to prepare such
students for careers in various environmental areas,
such as environmental health and the clean-up of
military installations and facilities.
(J) The development and administration of a
repository of information on key environmental and
related economic development issues that can be readily
accessed by private- and public-sector entities,
including imposition, if necessary, of a fee for users
of the repository to cover the cost of its operation.
(5) To work closely with other university research centers
for which funds have been provided by the Environmental
Protection Agency to help establish a National Environmental
Outreach Program to assist the Federal Government, State and
local governments, and the private sector in programs and
projects designed to promote environmentally sound economic
development.
(6) To work closely with Federally-funded research centers,
such as the Lawrence-Livermore National Research Laboratory, to
foster the transfer and application of environmental technology
to the private sector.
(7) To help incubate or expand small, environmentally
related businesses where market barriers exist to such
incubation or expansion.
(8) To assist small businesses in meeting environmental
regulations by providing short courses and conferences and to
develop methods and models by which small businesses may
finance ``green'' investment where private-sector funds are
otherwise not generally available.
(9) To work closely, as requested, with public-sector
officials, private-sector businesses, and individuals seeking
alternative uses for military installations and facilities that
have been or are about to be closed to assist in planning the
environmental aspects of the conversion and clean-up of the
installations and facilities, and to help with the economic
development aspects of the closing of the installations and
facilities.
(10) During its first year, to develop a plan, in
conjunction with other universities to extend the activities of
the Center throughout the State within 3 years. The plan shall
pay particular attention to the need for environmentally sound
conversion and economic use of military installations and
facilities throughout the State.
(b) Scholarships, Fellowships, and Grants.--
(1) Scholarships.--The Center may provide for the award of
undergraduate scholarships for individuals studying in
environmental fields at universities that are members of the
Center. Individuals who have lost or may lose employment as a
result of the closing of a military installation or facility in
the State of California shall have preference over other
individuals in the award of scholarships under this paragraph.
(2) Fellowships.--The Center may provide for the award of
graduate assistantships and fellowships at the Center to
encourage study in fields related to sustainable economic
development. Preference shall be given to those who have been
or are about to be laid off as a result of military base
closings in California.
(3) Research grants.--The Center may award research grants
to faculty at universities and colleges, both public and
private, to encourage research critical to the achievement of
the functions described in subsection (a).
SEC. 4. REPORT.
The Center shall annually submit to the Administrator a report on
the activities of the Center and on any changing budget needs. The
Center shall include in the first report submitted under this
subsection a statement of any additional funds that may be required to
extend the activities of the Center throughout the State.
SEC. 5. GIFTS AND DONATIONS.
The Center may receive funds and other property donated,
bequeathed, or devised to the Center with or without a condition of
restriction, for the purpose of furthering the activities of the
Center. All funds donated, bequeathed, or devised to the Center shall
be retained in a separate account. Each annual report submitted
pursuant to section 4 shall include an accounting of the funds and
property donated, bequeathed, or devised to the Center during the year
covered by the annual report.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``Center'' means the California Urban
Environmental Research and Education Center established
pursuant to section 2.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Administrator for provision to the Center to carry out this Act
$4,500,000 for fiscal year 1998 and such sums as may be necessary for
each of fiscal years 1999 through 2002.
(b) Availability.--Funds appropriated pursuant to the authority of
subsection (a) shall remain available until expended.
(c) Matching Funds.--In addition to amounts provided as described
in section 2(b)(2), the Center shall make a good faith effort to match
the amount of funds appropriated pursuant to this section with funding
from State and local governments and the private sector. | Directs the Administrator of the Environmental Protection Agency to enter into a series of cooperative agreements with the California State University, Hayward, to provide continuing support for the California Urban Environmental Research and Education Center if the University consents and provides matching funds or in-kind resources equal to 20 percent of funds provided by the Administrator.
States requirements regarding university membership in the Center, the Governing Board, and the Center's principal office.
Declares the overall objective of the Center to be to promote sustainable economic development throughout California by engaging in specified functions, including: (1) developing an ongoing program of applied environmental research, education, and outreach; (2) fostering public-private partnerships to find solutions to environmental problems of California; (3) bringing together university and college researchers to focus on California's most important environmental problems; (4) supporting specified activities related to data evaluation, economic development analysis, the development and conduct of educational programs and conferences, providing ready access to the Center's expertise, the minimization of duplication and waste in research and demonstration programs, and the development and administration of an environmental and economic development information repository; (5) working closely with EPA- and other federally-funded research centers; (6) assisting environmentally-related and other small businesses; and (7) assisting in military base conversion.
Authorizes the Center to provide undergraduate scholarships for individuals studying in environmental fields, assistantships and fellowships for graduate students to encourage study in fields related to sustainable economic development, and research grants to college and university faculty.
Authorizes appropriations. | To provide for the continuation of the operations of the California Urban Environmental Research and Education Center. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Ape Protection Act of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Great apes are highly intelligent and social animals
and research laboratory environments involving invasive
research cannot meet their complex social and psychological
needs.
(2) Invasive research performed on great apes, and the
breeding of great apes for these purposes, are economic in
nature and substantially affect interstate commerce.
(3) The majority of invasive research and testing conducted
on great apes in the United States is for the end purpose of
developing drugs, pharmaceuticals, and other products to be
sold in the interstate market.
(4) The total costs associated with great ape research have
a direct economic impact on interstate commerce.
(5) An overwhelming majority of invasive research
procedures performed on great apes involves some element of
interstate commerce, such that great apes, equipment, and
researchers have traveled across State lines.
(6) The regulation of animals and activities as provided in
this Act are necessary to effectively regulate interstate and
foreign commerce.
(7) The National Research Council report entitled
``Chimpanzees in Research--Strategies for their Ethical Care,
Management, and Use'' concluded that--
(A) there is a ``moral responsibility'' for the
long-term care of chimpanzees used for scientific
research;
(B) there should be a moratorium on further
chimpanzee breeding;
(C) euthanasia should not be used as a means to
control the size of the great ape population; and
(D) sanctuaries should be created to house
chimpanzees in a manner consistent with high standards
of lifetime care, social enrichment, and cognitive
development.
(b) Purposes.--The purposes of this Act are to--
(1) prohibit invasive research on great apes and the use of
Federal funding of such research, both within and outside of
the United States;
(2) prohibit the transport of great apes for purposes of
invasive research;
(3) prohibit the breeding of great apes for purposes of
invasive research; and
(4) require the provision of lifetime care of great apes
that are owned by or under the control of the Federal
Government in a suitable sanctuary through the permanent
retirement of such apes.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following terms apply:
(1) Great ape.--The term ``great ape'' includes a
chimpanzee, bonobo, gorilla, orangutan, or gibbon.
(2) Invasive research.--
(A) The term ``invasive research'' means any
research that may cause death, bodily injury, pain,
distress, fear, injury, or trauma to a great ape,
including--
(i) the testing of any drug or intentional
exposure to a substance that may be detrimental
to the health or psychological well-being of a
great ape;
(ii) research that involves penetrating or
cutting the body or removing body parts,
restraining, tranquilizing, or anesthetizing a
great ape; or
(iii) isolation, social deprivation, or
other experimental physical manipulations that
may be detrimental to the health or
psychological well-being of a great ape.
(B) Such term does not include--
(i) close observation of natural or
voluntary behavior of a great ape, provided
that the research does not require an
anesthetic or sedation event to collect data or
record observations;
(ii) the temporary separation of a great
ape from its social group, leaving and
returning, by its own volition;
(iii) post-mortem examination of a great
ape that was not killed for the purpose of
examination or research; and
(iv) the administration of an annual or
other necessary physical exam by a licensed
veterinarian for the individual great ape's
well-being, that may include collection of
blood, hair, or tissue samples conducted for
the well-being of that great ape, the ape's
social group, or the species.
(3) Permanent retirement.--
(A) The term ``permanent retirement'' means that a
great ape is placed in a suitable sanctuary that will
provide for the lifetime care of the great ape and such
great ape will not be used in further invasive
research.
(B) Such term does not include euthanasia.
(4) Person.--The term ``person'' means--
(A) an individual, corporation, partnership, trust,
association, or any other private or not-for-profit
entity;
(B) any officer, employee, agent, department, or
instrumentality of the Federal Government, a State,
municipality, or political subdivision of a State; or
(C) any other entity subject to the jurisdiction of
the United States.
(5) Suitable sanctuary.--The term ``suitable sanctuary''
means--
(A) a sanctuary system under section 481C of the
Public Health Service Act (42 U.S.C. 287a-3a); or
(B) a comparable privately funded sanctuary
approved by the Secretary of Health and Human Services.
SEC. 4. PROHIBITIONS.
(a) Invasive Research Prohibition.--No person shall conduct
invasive research on a great ape.
(b) Prohibition on Related Activities.--No person shall knowingly
breed, possess, rent, loan, donate, purchase, sell, house, maintain,
lease, borrow, transport, move, deliver, or receive a great ape for the
purpose of conducting invasive research on such great ape.
(c) Prohibition on Federal Funding for Invasive Research.--No
Federal funds may be used to conduct invasive research on a great ape
both within and outside the United States.
(d) Exemption.--Nothing in this Act shall be construed to limit or
prevent individualized medical care performed on a great ape by a
licensed veterinarian for the well-being of the great ape, including
surgical procedures or chemical treatments for birth control.
SEC. 5. RETIREMENT.
The Secretary of Health and Human Services or any other appropriate
Federal authority shall provide for the permanent retirement of all
great apes owned or under the control of the Federal Government that
are being maintained in any facility for the purpose of breeding for,
holding for, or conducting invasive research.
SEC. 6. CIVIL PENALTIES.
In addition to any other penalties that may apply under law,
whoever violates any provision of this Act shall be assessed a civil
penalty of not more than $10,000 for each such violation. Each day that
such violation continues shall constitute a separate offense.
SEC. 7. SEVERABILITY.
In the event that any one of the provisions in this Act shall, for
any reason, be held to be invalid or unenforceable in any respect, such
invalidity or unenforceability shall not affect any other provisions of
this Act, and this Act shall be construed as if such invalid or
unenforceable provisions had never been included in this Act.
SEC. 8. EFFECTIVE DATES.
(a) Prohibition of Research and Funding.--The prohibitions under
subsections (a) and (c) of section (4) shall take effect not later than
3 years after the date of the enactment of this Act.
(b) Other Requirements.--All other requirements and prohibitions in
this Act shall take effect on the date of the enactment of this Act. | Great Ape Protection Act of 2009 - Prohibits: (1) conducting invasive research on great apes; (2) knowingly breeding, possessing, renting, loaning, donating, purchasing, selling, housing, maintaining, leasing, borrowing, transporting, moving, delivering, or receiving a great ape for the purpose of conducting such research; or (3) using federal funds to conduct such research.
Defines "invasive research" as research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to great apes, including drug testing or exposure to a substance that may be detrimental to the ape's health or psychological well-being.
Requires the Secretary of Health and Human Services (HHS) and other appropriate federal authorities to provide for the permanent retirement of all great apes that are owned or under the control of the federal government and that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research.
Sets forth civil penalties for violations of this Act. | To prohibit the conducting of invasive research on great apes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community College Partnership Act of
2003''.
SEC. 2. COMMUNITY COLLEGE OPPORTUNITY; COLLEGE PREPARATION PROGRAMS
AUTHORIZED.
Subpart 2 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070a-11) is amended--
(1) by redesignating section 407E as section 406E; and
(2) by adding at the end the following:
``CHAPTER 4--COMMUNITY COLLEGE OPPORTUNITY
``SEC. 407A. PURPOSE.
``It is the purpose of this chapter to enhance--
``(1) retention of students at community or technical
colleges;
``(2) opportunities of students to transfer to 4-year
institutions of higher education and complete baccalaureate
degrees; and
``(3) preparation of students for high-quality and high-
demand emerging and established occupations.
``SEC. 407B. ACTIVITIES.
``(a) Definitions.--In this chapter:
``(1) Community or technical college.--The term `community
or technical college' means an institution of higher
education--
``(A) that admits as regular students, individuals
who are beyond the age of compulsory school attendance
in the State in which the institution is located and
who have the ability to benefit from the training
offered by the institution;
``(B) that predominately does not provide an
educational program for which it awards a baccalaureate
degree (or an equivalent degree);
``(C) that--
``(i) provides an educational program of
not less than 2 years that is acceptable for
full credit toward a baccalaureate degree; or
``(ii) offers a 2-year program in
engineering, mathematics, or the physical or
biological sciences, designed to prepare a
student to work as a technician or at the
semiprofessional level in engineering,
scientific, or other technological fields
requiring the understanding and application of
basic engineering, scientific, or mathematical
principles of knowledge; and
``(D) that is accredited by a regional accrediting
agency or association recognized by the Secretary under
section 496.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a statewide governance or coordinating board
with jurisdiction over community or technical colleges
and institutions of higher education that offer a
baccalaureate or postbaccalaureate degree;
``(B) a partnership between a statewide governance
or coordinating board with jurisdiction over community
or technical colleges and a statewide governance or
coordinating board with jurisdiction over institutions
of higher education that offer a baccalaureate or
postbaccalaureate degree; or
``(C) a partnership between--
``(i) 1 or more community or technical
colleges; and
``(ii) 1 or more institutions of higher
education that offer a baccalaureate or
postbaccalaureate degree not awarded by the
institutions described in clause (i) with which
it is partnered.
``(b) Grants Authorized.--From the amounts appropriated under
section 407C, the Secretary shall award not less than 6 and not more
than 12 grants to eligible entities.
``(c) Applications.--Any eligible entity that desires to obtain a
grant under this chapter shall submit to the Secretary an application
at such time, in such manner, and containing such information or
assurances as the Secretary may require.
``(d) Awarding of Grants.--
``(1) Criteria.--The Secretary shall establish criteria for
awarding grants under this chapter.
``(2) Priority.--In awarding grants under this chapter, the
Secretary shall give priority to eligible entities that
demonstrate the capacity to identify and address systemic
problems related to college retention and the transfer of
community or technical college students to institutions of
higher education that offer a baccalaureate or
postbaccalaureate degree.
``(e) Duration.--Grants under this chapter shall be for a period of
5 or 6 years in duration, which period of time shall include a planning
and implementation phase.
``(f) Use of Funds.--Grants awarded under this chapter shall be
used for--
``(1) the development of policies to expand opportunities
for community or technical college students to earn
baccalaureate degrees, including promoting the transfer of
academic credits between institutions and expanding
articulation and guaranteed transfer agreements;
``(2) support services to students participating in the
program, such as tutoring, mentoring, and academic and personal
counseling, as well as any service that facilitates the
transition of students from a community or technical college to
an institution of higher education;
``(3) academic program enhancements at a community or
technical college that result in increasing the quality of the
program offered, the connection to high-quality and high-demand
emerging and established occupations, and the number of student
participants in a dual degree program offered in conjunction
with an institution of higher education that offers a
baccalaureate or postbaccalaureate degree; and
``(4) programs to identify barriers that inhibit student
transfers.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out this chapter.
``SEC. 407C. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$70,000,000 for fiscal year 2004 and such sums as may be necessary for
each of the 3 succeeding fiscal years.''. | Community College Partnership Act of 2003 - Amends the Higher Education Act of 1965 to establish a community college opportunity program to help students at community or technical colleges (CTCs) to transfer to four-year institutions of higher education (IHEs) and complete baccalaureate degrees. Directs the Secretary of Education to award not less than six and not more than 12 program grants to eligible entities. Makes eligible for such grants: (1) partnerships that include one or more CTCs that award associate's degrees and one or more IHEs that offer a baccalaureate or postbaccalaureate degree not awarded by the partner colleges; or (2) a statewide governance or coordinating board that has jurisdiction over both CTCs and IHEs, or a partnership of such boards that have separate jurisdiction over such entities. Requires funds from such grants to be used for: (1) development of policies to expand opportunities for community or technical college students to earn baccalaureate degrees, including promoting the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agreements; (2) support services to students participating in the program, including tutoring, mentoring, academic and personal counseling, and transition facilitation; (3) academic program enhancements at the community or technical college that increase program quality and the number of student participants in the dual degree program offered in conjunction with a baccalaureate degree granting institution; and (4) programs to identify barriers that inhibit student transfers. | A bill to encourage partnerships between community colleges and 4-year institutions of higher education. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Adopting Families
Act''.
SEC. 2. CREDIT FOR ADOPTION EXPENSES.
(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 22 the
following new section:
``SEC. 23. ADOPTION EXPENSES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year the amount of the qualified adoption expenses paid
or incurred by the taxpayer during such taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount of qualified
adoption expenses which may be taken into account under
subsection (a) with respect to the adoption of a child shall
not exceed $5,000.
``(2) Income limitation.--The amount allowable as a credit
under subsection (a) for any taxable year shall be reduced (but
not below zero) by an amount which bears the same ratio to the
amount so allowable (determined without regard to this
paragraph but with regard to paragraph (1)) as--
``(A) the amount (if any) by which the taxpayer's
taxable income exceeds $60,000, bears to
``(B) $40,000.
``(3) Denial of double benefit.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or
credit is allowable under any other provision of this
chapter.
``(B) Grants.--No credit shall be allowed under
subsection (a) for any expense to the extent that funds
for such expense are received under any Federal, State,
or local program.
``(C) Reimbursement.--No credit shall be allowed
under subsection (a) for any expense to the extent that
such expense is reimbursed and the reimbursement is
excluded from gross income under section 137.
``(c) Carryforwards of Unused Credit.--If the credit allowable
under subsection (a) for any taxable year exceeds the limitation
imposed by section 26(a) for such taxable year reduced by the sum of
the credits allowable under this subpart (other than this section),
such excess shall be carried to the succeeding taxable year and added
to the credit allowable under subsection (a) for such taxable year. No
credit may be carried forward under this subsection to any taxable year
following the fifth taxable year after the taxable year in which the
credit arose.
``(d) Qualified Adoption Expenses.--For purposes of this section,
the term `qualified adoption expenses' means reasonable and necessary
adoption fees, court costs, attorney fees, and other expenses which are
directly related to the legal and finalized adoption of a child by the
taxpayer and which are not incurred in violation of State or Federal
law or in carrying out any surrogate parenting arrangement. The term
`qualified adoption expenses' shall not include any expenses in
connection with the adoption by an individual of a child who is the
child of such individual's spouse.
``(e) Married Couples Must File Joint Returns.--Rules similar to
the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply
for purposes of this section.''
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 22 the
following new item:
``Sec. 23. Adoption expenses.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 3. EXCLUSION OF AMOUNTS RECEIVED UNDER EMPLOYER'S ADOPTION
ASSISTANCE PROGRAMS.
(a) In General.--Part III of subchapter B of chapter 1 of such Code
(relating to items specifically excluded from gross income) is amended
by redesignating section 137 as section 138 and by inserting after
section 136 the following new section:
``SEC. 137. ADOPTION ASSISTANCE PROGRAMS.
``(a) In General.--Gross income of an employee does not include
amounts paid or expenses incurred by the employer for qualified
adoption expenses in connection with the adoption of a child by an
employee if such amounts are furnished pursuant to an adoption
assistance program.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount excludable
from gross income under subsection (a) for all taxable years
with respect to the legal adoption of any single child by the
taxpayer shall not exceed $5,000.
``(2) Income limitation.--The amount excludable from gross
income under subsection (a) for any taxable year shall be
reduced (but not below zero) by an amount which bears the same
ratio to the amount so excludable (determined without regard to
this paragraph but with regard to paragraph (1)) as--
``(A) the amount (if any) by which the taxpayer's
taxable income (determined without regard to this
section) exceeds $60,000, bears to
``(B) $40,000.
``(c) Adoption Assistance Program.--For purposes of this section,
an adoption assistance program is a plan of an employer--
``(1) under which the employer provides employees with
adoption assistance, and
``(2) which meets requirements similar to the requirements
of paragraphs (2), (3), and (5) of section 127(b).
An adoption reimbursement program operated under section 1052 of title
10, United States Code (relating to armed forces) or section 514 of
title 14, United States Code (relating to members of the Coast Guard)
shall be treated as an adoption assistance program for purposes of this
section.
``(d) Qualified Adoption Expenses.--For purposes of this section,
the term `qualified adoption expenses' has the meaning given such term
by section 23(d).''.
(b) Clerical Amendment.--The table of sections for such part III is
amended by striking the item relating to section 137 and inserting the
following:
``Sec. 137. Adoption assistance programs.
``Sec. 138. Cross reference to other
Acts.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995. | Fairness for Adopting Families Act - Amends the Internal Revenue Code to allow a credit for adoption expenses. Excludes from gross income amounts paid or expenses incurred by the employer for adoption, if furnished pursuant to an adoption assistance program. Imposes both dollar and income limits on both the credit and the exclusion. | Fairness for Adopting Families Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Frills Prison Act''.
SEC. 2. ELIMINATION OF LUXURIOUS PRISON CONDITIONS.
(a) States.--Section 20102(a) of the Violent Crime Control and Law
Enforcement Act of 1994 is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by redesignating existing paragraph (2) as
subparagraph (B);
(3) by redesignating existing subparagraphs (A)
through (D) as clauses (i) through (iv) respectively;
(4) by redesignating existing clauses (i) and (ii)
as subclauses (I) and (II);
(5) by striking the period at the end and inserting
``; and''; and
(6) by adding at the end the following:
``(2) provides living conditions and opportunities to
prisoners within its prisons that are not more luxurious than
those conditions and opportunities the average prisoner would
have experienced if such prisoner were not incarcerated, and
does not provide to any such prisoner--
``(A)(i) earned good time credits;
``(ii) less than 40 hours a week of work that
either offsets or reduces the expenses of keeping the
prisoner or provides resources toward restitution of
victims;
``(iii) unmonitored phone calls, except when
between the prisoner and the prisoner's immediate
family or legal counsel;
``(iv) in-cell television viewing;
``(v) the viewing of R, X, or NC-17 rated movies,
through whatever medium presented;
``(vi) possession of any pornographic materials;
``(vii) any instruction (live or through
broadcasts) or training equipment for boxing,
wrestling, judo, karate, or other martial art, or any
bodybuilding or weightlifting equipment of any sort;
``(viii) except for use during required work, the
use or possession of any electric or electronic musical
instrument, or practice on any musical instrument for
more than one hour a day;
``(ix) use of personally owned computers or modems;
``(x) possession of in-cell coffee pots, hot
plates, or heating elements;
``(xi) any living or work quarters into which the
outside view is obstructed;
``(xii) food exceeding in quality or quantity that
which is available to enlisted personnel in the United
States Army;
``(xiii) dress or hygiene, grooming and appearance
other than those allowed as uniform or standard in the
prison; or
``(xiv) equipment or facilities at public expense
for publishing or broadcasting content not previously
approved by prison officials as consistent with prison
order and prisoner discipline; and
``(B) in the case of a prisoner who is serving a sentence
for a crime of violence which resulted in serious bodily injury
to another--
``(i) housing other than in separate cell blocks
intended for violent prisoners and designed to emphasis
punishment rather than rehabilitation;
``(ii) less than 9 hours a day of physical labor,
with confinement to cell for any refusing to engage in
that labor, but a prisoner not physically able to do
physical labor may be assigned to alternate labor;
``(iii) any temporary furlough, leave, excursion,
or other release from the prison for any purpose,
unless the prisoner remains at all times under physical
or mechanical restraints, such as handcuffs, and under
the constant escort and immediate supervision of a
least one armed correctional officer;
``(iv) any viewing of television;
``(v) any inter-prison travel for competitive
sports, whether as a participant or spectator;
``(vi) more than one hour a day spent in sports or
exercise; or''.
``(vii) possession of personal property exceeding
75 pounds in total weight or that cannot be stowed in a
standard size United States military issue duffel
bag.''.
(b) Federal.--
(1) Generally.--The Attorney General shall by rule
establish conditions in the Federal prison system that, as
nearly as may be, are the same as those conditions required in
State prisons under section 20102(a) of the Violent Crime
Control and Law Enforcement Act of 1994 as amended by this
section.
(2) Conforming Amendment.--Section 3624 of title 18, United
States Code, is amended by striking subsection (b). | No Frills Prison Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for truth in sentencing incentive grants, to demonstrate that it: (1) provides living conditions and opportunities within its prisons that are not more luxurious than those that the average prisoner would have experienced if not incarcerated; (2) does not provide to any such prisoner specified benefits or privileges, including earned good time credits, less than 40 hours a week of work that either offsets or reduces the expenses of keeping the prisoner or provides resources toward restitution of victims, unmonitored phone calls (with exceptions), in-cell television viewing, possession of pornographic materials, instruction or training equipment for any martial art or bodybuilding or weightlifting equipment, or dress or hygiene other than as is uniform or standard in the prison; and (3) in the case of a prisoner serving a sentence for a crime of violence which resulted in serious bodily injury to another, does not provide housing other than in separate cell blocks intended for violent prisoners, less than nine hours a day of physical labor (with exceptions), any release from the prison for any purpose unless under physical or mechanical restraint and under constant supervision of at least one armed correctional officer, or any viewing of television.
Directs the Attorney General to establish conditions in the Federal prison system that are, as nearly as possible, the same as those required in State prisons under this Act. | No Frills Prison Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States China Policy Act of
1994''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The economic, social, political, and cultural welfare
of the people of China, who constitute one-fifth of the world's
population, is a matter of global humanitarian concern.
(2) By virtue of its size, its economic vitality, its
status as a nuclear power, and its role as a permanent member
of the United Nations Security Council, China plays a
significant role in world affairs.
(3) The United States policy toward China involves
balancing multiple interests, including promoting human rights
and democracy, securing China's strategic cooperation in Asia
and the United Nations, protecting United States national
security interests, controlling the proliferation of weapons of
mass destruction, promoting a peaceful and democratic
transition in Hong Kong, and expanding United States economic
contact with China.
(4) United States policy toward China must include as a key
objective the promotion of internationally recognized human
rights. Specific priorities and methods should be appropriate
to the circumstances. Engagement with China rather than its
isolation is more likely to foster United States interests.
(5) The opening of China to the West, the adoption of free
market economic reforms, the emergence of a strong and
entrepreneurial economy that ensures the rise of a Chinese
middle class; all have led to expanded individual freedom, a
weakening of state control over personal expression, access to
the media in the United States, Hong Kong, and the West, and
major improvements in living standards for the Chinese people.
(6) United States policies that encourage economic
liberalization and increased contact with the United States and
other democracies foster respect for internationally recognized
human rights and can contribute to civil and political reform
in China.
(7) The President's policy statement of May 26, 1994,
provides a sound framework for expanding and extending the
relationship of the United States with China while continuing
the commitment of the United States to its historic values. The
United States must develop a comprehensive and coherent policy
toward China that addresses the complex and fast-changing
reality in that country and promotes simultaneously the human
rights, diplomatic, economic, and security interests of the
United States toward China.
(8) The United States has an interest in a strong, stable,
prosperous, and open China whose government contributes to
international peace and security and whose actions are
consistent with the responsibilities of great power status.
Whether those expectations are met will determine the breadth,
depth, and tone of the United States-China bilateral
relationship.
(9) Peace and economic progress in East Asia is best
assured through a web of cooperative relations among the
countries of the region, including China and the United States.
The emergence of a militarily powerful China that seeks to
dominate East Asia would be regarded as a matter of serious
concern by the United States and by other countries in the
Asia-Pacific region.
(10) Yet China's performance has been uneven on a number of
issues of concern to the United States. In particular, the
Chinese Government has failed to observe internationally
recognized human rights. In this regard the Congress makes the
following declarations:
(A) The Chinese Government itself has made
commitments to observe universal human rights norms.
(B) Human rights have universal application and are
not solely defined by culture or history.
(C) Chinese policies of particular concern to the
United States are the criminalization of dissent, the
inhumane treatment in prisons, and the serious
repression in non-Han-Chinese areas like Tibet.
(11) Genuine political stability in China and greater
respect for internationally recognized human rights, as well as
continued economic growth and stability, will only occur in
China as a result of a strengthened legal system (based on the
rule of law and property rights), the emergence of a civil
society, and the creation of political institutions that are
responsive to public opinion and the interests of social
groups.
(12) China has entered a major transition in its political
history which will determine the nature of the domestic system,
including respect for internationally recognized human rights,
and the Chinese Government's foreign policy. The Chinese
Government should accelerate the process of reform of all
aspects of Chinese society.
(13) Existing official bilateral and multilateral
institutions provide useful venues for engagement with China
concerning the rule of law, civil society, respect for
internationally recognized human rights, and political
institutions that provide humane and effective governance.
(14) American nongovernmental and business organizations,
in their various forms of engagement in China, have contributed
in that country to the initial emergence of civil society, the
strengthening of the legal system, and the expansion of
economic autonomy.
SEC. 3. RECOMMENDATIONS FOR IMPLEMENTATION OF UNITED STATES POLICY.
Congress affirms the President's policy and makes the following
recommendations for the conduct of United States policy toward China:
(1) The United States should continue a steady and
comprehensive policy of pressing for increased Chinese
adherence to international norms, especially those concerning
internationally recognized human rights.
(2) Of particular concern to the United States are the
following:
(A) The accounting and release of political
prisoners.
(B) Access to Chinese prisoners by international
humanitarian organizations.
(C) Negotiations between the Chinese Government and
the Dalai Lama on Tibetan issues.
(3) The official dialogue with the Chinese Government on
human rights issues should continue and be intensified.
(4) As he considers appropriate, the President should use
other available modes of official interaction with China to
pursue initiatives that are relevant to promoting increased
respect for human rights in China.
(5) The United States should expand broadcasting to China,
through the Voice of America and Radio Free Asia.
(6) The United States should work through available
multilateral fora, such as the United Nations Human Rights
Commission, to express concerns about human rights in China and
to encourage Chinese adherence to, and compliance with,
international human rights instruments. At all appropriate
times, the United States should work toward and support joint
actions to address significant problems. In particular, the
United States should seek to secure the participation of other
governments in overtures to secure the accounting and release
of political prisoners, to encourage access to Chinese
prisoners by international humanitarian organizations and
negotiations between the Chinese Government and the Dalai Lama.
(7) Where possible, the United States should take further
steps to foster in China the rule of law, the creation of a
civic society, and the emergence of institutions that provide
humane and effective governance.
(8) To better carry out the recommendation in paragraph
(7), the Secretary of State should encourage United States
posts in China to increase reporting on the human rights
situation, the rule of law, civil society, and other political
developments in China, and to increase appropriate contacts
with domestic nongovernmental organizations.
(9) United States non-governmental organizations should
continue and expand activities that encourage the rule of law,
the emergence of a civic society, and the creation of
institutions that provide humane and effective governance.
(10) When considering the termination of the suspensions of
United States Government activities enacted in section 902(a)
of the Foreign Relations Authorization Act, Fiscal Years 1990
and 1991, the President should explore whether such
terminations could be used to elicit specific steps by the
Chinese government to enhance respect for internationally
recognized human rights or correct abuses of such rights.
SEC. 4. UNITED STATES GOVERNMENT PROGRAMS SUPPORTING HUMAN RIGHTS IN
CHINA.
(a) Statement of Policy.--Concerning the promotion of human rights
in China, it shall be the policy of the United States to promote the
following objectives:
(1) An effective legal system, based on the rule of law.
(2) Respect for internationally recognized human rights.
(3) The emergence of civil society.
(4) The creation of institutions that provide humane and
effective governance.
(b) Factors.--In determining how to carry out the objectives stated
in subsection (a), the President should consider the following factors:
(1) The circumstances under which it is appropriate to
provide support to organizations and individuals in China.
(2) The circumstances under which it is appropriate to
provide financial support, including through the following
means:
(A) Directly by the United States Government.
(B) Through United States nongovernmental
organizations which have established a sound record in
China.
(3) The extent to which the objectives of subsection (a)
should be promoted through exchanges, technical assistance,
grants to organizations, and scholarships for advanced study in
the United States.
(4) How to assure accountability for funds provided by the
United States Government.
(c) Authorization of Appropriations for Fiscal Year 1995.--
(1) Of the amounts authorized to be appropriated for
education and cultural exchange programs of the United States
Information Agency for fiscal year 1995, up to $1,000,000 is
authorized to be available for programs to carry out the
objectives of subsection (a).
(2) In addition to such amounts as may otherwise be made
available for broadcasting to China for fiscal year 1995, of
the amounts authorized to be appropriated for international
broadcasting for fiscal year 1995, an additional $5,000,000 may
be used for broadcasting to China .
SEC. 5. INTERNATIONAL HUMANITARIAN ORGANIZATIONS.
It is the sense of Congress that, in the event that international
humanitarian organizations undertake activities in China related to the
treatment of prisoners, the President should make available an
additional contribution to those organizations to support such
activities.
SEC. 6. PRINCIPLES TO GOVERN THE ACTIVITIES OF UNITED STATES BUSINESS
IN CHINA.
(a) In General.--Congress endorses President Clinton's efforts to
work with the leaders of the United States business community to
develop voluntary principles that could be adapted by United States
companies doing business in China to further advance human rights and
commends United States companies that have previously adopted such
principles or are considering taking such action.
(b) Other Countries.--Congress urges the President to encourage
other governments to adopt similar principles to govern the activities
of their business organizations with activities in China.
SEC. 7. PERIODIC REPORTS.
Not more than 180 days after the date of the enactment of this Act
and annually for the 2 subsequent years, the President shall submit to
the Speaker of the House of Representatives and the Chairman of the
Committee on Foreign Relations of the Senate, a report (in a classified
form in whole or in part as necessary) which reviews for the preceding
12-month period those activities supported by the United States
Government to promote the objectives stated in section 4(a).
SEC. 8. COMMISSION ON LAW AND SOCIETY IN CHINA.
The President is authorized to establish a United States commission
on law and society in the People's Republic of China to undertake the
following responsibilities and such other duties as the President
considers appropriate:
(1) To monitor developments in China with respect to the
following:
(A) The development of the Chinese legal system.
(B) The emergence of civil society.
(C) The development of institutions that provide
humane and effective governance.
(2) To engage in an ad hoc dialogue with Chinese
individuals and nongovernmental organizations who have an
interest in the subjects indicated in paragraph (1).
(3) To report to the President and to the Congress the
commission's findings regarding the subjects identified in
paragraph (1) and its discussions with Chinese individuals and
organizations concerning those subjects.
(4) To make recommendations to the President on United
States policy toward China in promoting the objectives
identified in section 4(a).
(5) To assess and report to the President and the Congress
on whether the creation of a United States-China Commission on
Law and Society would contribute to the objectives identified
in section 4(a).
Passed the House of Representatives August 9, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | United States China Policy Act of 1994 - Declares that the Congress affirms the President's policy toward China and makes the following recommendations for the conduct of U.S. policy toward that country, including: (1) a continued U.S. policy of pressing for increased Chinese adherence to internationally recognized human rights; (2) U.S. concern for the accounting and release of political prisoners, access to Chinese prisoners by international humanitarian organizations, and negotiations between China and the Dalai Lama on Tibetan issues; (3) expanded U.S. broadcasting to China through the Voice of America and Radio Free Asia; and (4) further U.S. steps to foster in China the rule of law, the creation of a civic society, and the emergence of institutions that provide humane and effective governance.
Urges the President, when considering termination of the suspensions of U.S. Government activities enacted in the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, to explore whether such terminations could be used to elicit specific steps by the Chinese to enhance respect for internationally recognized human rights or to correct abuses of such rights.
(Sec. 4) Declares it to be U.S. policy, in fostering human rights in China, to promote the following objectives: (1) an effective legal system, based on the rule of law; (2) respect for internationally recognized human rights; (3) the emergence of civil society; and (4) the creation of institutions that provide humane and effective goverance.
Authorizes appropriations for programs to carry out the objectives of this Act.
(Sec. 5) Expresses the sense of the Congress that, in the event that international humanitarian organizations undertake activities in China related to the treatment of prisoners, the President should make available additional contributions to such organizations to support them.
(Sec. 6) Declares that the Congress endorses President Clinton's efforts to work with U.S. leaders of the business community to develop principles that could be adapted by U.S. companies doing business in China to advance human rights. Commends U.S. companies that have adopted such principles. Urges the President to encourage other governments to adopt such principles in governing the activities of their businesses in China.
(Sec. 7) Requires the President to review and report to specified congressional committees on U.S. activities to promote human rights in China.
(Sec. 8) Authorizes the President to establish a U.S. commission on law and society in China to monitor developments in China with respect to the specified objectives of U.S. policy. | United States China Policy Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Promise to America's
Children and Teachers Act'' or the ``Keep Our PACT Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Children are our Nation's future and greatest treasure.
(2) A high-quality education is the surest way for every
child to reach his or her full potential.
(3) The No Child Left Behind Act of 2001 represents the
most sweeping revision of education policy in a generation.
(4) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2006
(Public Law 109-149) funded the No Child Left Behind Act of
2001 at $23,510,000,000 ($13,360,000,000 below its 2006
authorized level), causing 3,100,000 students not to receive
the Title I help they were promised.
(5) The Individuals with Disabilities Education Act
guarantees all children with disabilities a first-rate
education.
(6) The Individuals with Disabilities Education Improvement
Act committed the Congress to providing 40 percent of the
national current average per pupil expenditure for special
education students.
(7) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2006
(Public Law 109-149) funded the Individuals with Disabilities
Education Act Part B state grants at $10,700,000,000,
representing only 18 percent of the national current average
per pupil expenditures for special education students
(8) A promise made must be a promise kept.
SEC. 3. FULL FUNDING OF THE NO CHILD LEFT BEHIND ACT OF 2001.
(a) Funding.--There are appropriated, out of any money in the
Treasury not otherwise appropriated--
(1) for fiscal year 2007, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2007
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $23,504,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(2) for fiscal year 2008, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2008
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $28,315,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(3) for fiscal year 2009, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2009
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $33,126,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(4) for fiscal year 2010, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2010
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $37,938,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(5) for fiscal year 2011, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2011
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $42,749,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(6) for fiscal year 2012, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2012
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $47,560,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(7) for fiscal year 2013, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2013
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $52,371,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher; and
(8) for fiscal year 2014, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2014
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $57,182,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher.
(b) Use of Funds.--Funds appropriated under subsection (a)--
(1) shall be used to carry out the programs of the
Elementary and Secondary Education Act of 1965, as amended by
the No Child Left Behind Act of 2001; and
(2) shall be allocated among such programs in the same
ratio as funds otherwise appropriated to carry out such
programs.
SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
(a) In General.--Section 611(i) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as
follows:
``(i) Mandatory Funding.--For the purpose of carrying out this
part, other than section 619, there are appropriated, out of any money
in the Treasury not otherwise appropriated--
``(1) $10,568,000,000 for fiscal year 2007;
``(2) $12,068,000,000 for fiscal year 2008;
``(3) $13,782,000,000 for fiscal year 2009;
``(4) $15,738,000,000 for fiscal year 2010;
``(5) $17,973,000,000 for fiscal year 2011;
``(6) $20,525,000,000 for fiscal year 2012;
``(7) $23,439,000,000 for fiscal year 2013;
``(8) $26,766,000,000 for fiscal year 2014;
``(9) $30,567,000,000 for fiscal year 2015; and
``(10) for fiscal year 2016 and each subsequent fiscal
year--
``(A) the number of children with disabilities in
the 2014-2015 school year in the States, outlying
areas, and freely associated States who received
special education and related services--
``(i) aged 3 through 5 if the States,
outlying areas, and freely associated States
are eligible for a grant under section 619; and
``(ii) aged 6 through 21; multiplied by
``(B) 40 percent of the average per-pupil
expenditure in public elementary schools and secondary
schools in the United States; adjusted by
``(C) the rate of annual change in the sum of--
``(i) 85 percent of such State's, outlying
area's, and freely associated State's
population described in subsection
(d)(3)(A)(i)(II); and
``(ii) 15 percent of such State's, outlying
area's, and freely associated State's
population described in subsection
(d)(3)(A)(i)(III).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2006.
SEC. 5. OFFSET.
The amounts appropriated by this Act and the amendments made by
this Act shall be expended consistent with pay-as-you-go requirements. | Keep Our Promise to America's Children and Teachers Act or the Keep Our PACT Act - Makes appropriations of: (1) the greater of specified amounts or the authorized amounts for programs under the Elementary and Secondary Education Act of 1965 for FY2007-FY2014; and (2) specified amounts for FY2007-FY2015 and an amount determined pursuant to a specified formula (based on the number of children who received special education, the average per-pupil expenditure, and the rate of change in a state's population) for FY2016 and thereafter for the Individuals with Disabilities Education Act.
Requires such appropriated amounts to be expended consistent with pay-as-you-go requirements. | To require full funding of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haiti Compassion Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Haiti remains severely devastated by the combined
effects of ongoing political turmoil and the aftermath of the
natural disasters of 2004, such as Tropical Storm Jeanne and
Hurricane Ivan.
(2) In Haiti, more than 2,500 people died as a result of
Tropical Storm Jeanne in 2004.
(3) The civil protection agency of Haiti stated that
250,000 people were homeless across the country and at least
4,000 homes were destroyed, with thousands more damaged, as a
result of the storm.
(4) When Tropical Storm Jeanne hit, Haiti was already
struggling to deal with political instability and the aftermath
of serious floods that occurred in May 2004.
(5) More than a year after the abrupt departure of former
President Aristide, the political, security, and social-
economic situation in Haiti remains in crisis, the transitional
government is weak and fighting to maintain credibility, and
there are no clear signs of either political reconciliation or
economic reconstruction.
(6) On Wednesday March 9, 2005, the United Nations Security
Council pressed Haiti's government to crack down on human
rights abuses and free political prisoners to help heal the
country ahead of November elections.
(7) Political oppression and human rights violations are
rife in Haiti while many supporters of the opposition are
unjustly held in prison or experiencing persecution.
(8) On March 11, 2005, the Department of State issued a
travel warning to United States citizens warning them of the
``absence of an effective police force in much of Haiti; the
potential for looting; the presence of intermittent roadblocks
set by armed gangs or by the police; and the possibility of
random violent crime, including kidnapping, carjacking, and
assault.''
(9) The Department of State's Consular Information Sheet
states ``there are no `safe areas' in Haiti.'' As a result,
``United States citizens should avoid travel to Haiti at this
time.''
(10) While current United States policy is to advise its
own citizens not to travel to Haiti, it is unjust to return
Haitian nationals to this type of dangerous situation.
(11) To return a national back to Haiti, where there is
ongoing violence and a devastating environmental situation,
would pose a serious threat to the personal safety of such
individual.
(12) The political, civil, and governmental crisis and
extraordinary and temporary conditions caused by nature and
resulting in floods, epidemics, and other environmental
disasters in Haiti should make Haitian nationals eligible for
temporary protected status.
(13) There is a history of discrimination and mistreatment
of Haitians in the immigration process.
(14) Temporary protected status allows aliens who do not
legally qualify as refugees but are nonetheless fleeing or
reluctant to return to potentially dangerous situations to
temporarily remain in the United States.
(15) Granting temporary protected status to nationals of
Haiti is consistent with the interest of the United States and
promotes the values and morals that have made the United States
strong.
SEC. 3. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS
TO HAITIANS.
(a) Designation.--
(1) In general.--For purposes of section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), Haiti shall
be treated as if such country had been designated under
subsection (b) of that section, subject to the provisions of
this section.
(2) Period of designation.--The initial period of such
designation shall begin on the date of enactment of this Act
and shall remain in effect for 18 months.
(b) Aliens Eligible.--In applying section 244 of the Immigration
and Nationality Act (8 U.S.C. 1254a) pursuant to the designation made
under this section, and subject to subsection (c)(3) of such section,
an alien who is a national of Haiti is deemed to meet the requirements
of subsection (c)(1) of such section only if the alien--
(1) is admissible as an immigrant, except as otherwise
provided under subsection (c)(2)(A) of such section, and is not
ineligible for temporary protected status under subsection
(c)(2)(B) of such section; and
(2) registers for temporary protected status in a manner
that the Secretary of Homeland Security shall establish.
(c) Consent to Travel Abroad.--The Secretary of Homeland Security
shall give the prior consent to travel abroad described in section
244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3))
to an alien who is granted temporary protected status pursuant to the
designation made under this section, if the alien establishes to the
satisfaction of the Secretary of Homeland Security that emergency and
extenuating circumstances beyond the control of the alien require the
alien to depart for a brief, temporary trip abroad. An alien returning
to the United States in accordance with such an authorization shall be
treated the same as any other returning alien provided temporary
protected status under section 244 of the Immigration and Nationality
Act (8 U.S.C. 1254a). | Haitian Compassion Act - Requires the Secretary of Homeland Security to designate Haiti as a country whose qualifying nationals may be eligible for temporary protected status.
Provides for: (1) an initial 18-month designation period; and (2) authorization for temporary travel abroad. | To designate Haiti under section 244 of the Immigration and Nationality Act in order to render nationals of Haiti eligible for temporary protected status under such section. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Ports of Entry Threat
and Operational Review Act''.
SEC. 2. PORTS OF ENTRY THREAT AND OPERATIONAL ANALYSIS.
(a) In General.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Commissioner of U.S. Customs and Border Protection,
shall submit to the Committee on Homeland Security and the
Committee on Ways and Means of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Finance of the Senate a threat and operational
analysis of ports of entry.
(2) Contents.--The threat and operational analysis required
under paragraph (1) shall include an assessment of the following:
(A) Current and potential threats posed by individuals and
organized groups seeking--
(i) to exploit security vulnerabilities at ports of
entry; or
(ii) to unlawfully enter the United States through such
ports of entry.
(B) Methods and pathways used to exploit security
vulnerabilities at ports of entry.
(C) Improvements needed at ports of entry to prevent the
unlawful movement of people, illicit drugs, and other
contraband across the borders of the United States.
(D) Improvements needed to enhance travel and trade
facilitation and reduce wait times at ports of entry,
including--
(i) security vulnerabilities associated with prolonged
wait times;
(ii) current technology at ports of entry that can be
adapted to handle more volume, increase efficiency, and
improve accuracy of detection efforts; and
(iii) infrastructure additions and upgrades.
(E) Processes conducted at ports of entry that do not
require law enforcement training and could be--
(i) filled with--
(I) non-law enforcement staff; or
(II) the private sector, for processes or
activities determined to not be inherently governmental
(as such term is defined in section 5 of the Federal
Activities Inventory Reform Act of 1998 (Public Law
105-270)); or
(ii) automated.
(3) Analysis requirements.--In compiling the threat and
operational analysis required under paragraph (1), the Secretary of
Homeland Security, acting through the Commissioner of U.S. Customs
and Border Protection, shall consider and examine the following:
(A) Personnel needs, including K-9 Units, and estimated
costs, at each port of entry, including such needs and
challenges associated with recruitment and hiring.
(B) Technology needs, including radiation portal monitors
and non-intrusive inspection technology, and estimated costs at
each port of entry.
(C) Infrastructure needs and estimated costs at each port
of entry.
(b) Ports of Entry Strategy and Implementation Plan.--
(1) In general.--Not later than 270 days after the submission
of the threat and operational analysis required under subsection
(a) and every 5 years thereafter for 10 years, the Secretary of
Homeland Security, acting through the Commissioner of U.S. Customs
and Border Protection (CBP), shall provide to the Committee on
Homeland Security and the Committee on Ways and Means of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Finance of the Senate a
ports of entry strategy and implementation plan.
(2) Contents.--The ports of entry strategy and implementation
plan required under paragraph (1) shall include a consideration of
the following:
(A) The ports of entry threat and operational analysis
required under subsection (a), with an emphasis on efforts to
mitigate threats and challenges identified in such analysis.
(B) Efforts to reduce wait times at ports of entry and
standards against which the effectiveness of such efforts may
be determined.
(C) Efforts to prevent the unlawful movement of people,
illicit drugs, and other contraband across the borders of the
United States at the earliest possible point at ports of entry
and standards against which the effectiveness of such efforts
may be determined.
(D) Efforts to focus intelligence collection and
information analysis to disrupt transnational criminal
organizations attempting to exploit vulnerabilities at ports of
entry and standards against which the effectiveness of such
efforts may be determined.
(E) Efforts to verify that any new port of entry technology
acquisition can be operationally integrated with existing
technologies in use by the Department of Homeland Security.
(F) Lessons learned from reports on the business
transformation initiative under section 802(i)(1) of the Trade
Facilitation and Trade Enforcement Act of 2015 (Public Law 114-
125).
(G) CBP staffing requirements for all ports of entry.
(H) Efforts to identify and detect fraudulent documents at
ports of entry and standards against which the effectiveness of
such efforts may be determined.
(I) Efforts to prevent, detect, investigate, and mitigate
corruption at ports of entry and standards against which the
effectiveness of such efforts may be determined.
(c) Ports of Entry Described.--In this section, the term ``ports of
entry'' means United States air, land, and sea ports of entry.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | United States Ports of Entry Threat and Operational Review Act (Sec. 2) This bill directs U.S. Customs and Border Protection (CBP) to submit to the congressional homeland security and tax committees a threat and operational analysis of U.S. air, land, and sea ports of entry. Such analysis shall include an assessment of: current and potential threats posed by individuals and organized groups seeking to exploit security vulnerabilities at ports of entry or to unlawfully enter the United States through such ports of entry; methods and pathways used to exploit security vulnerabilities at ports of entry; improvements needed at ports of entry to prevent the unlawful movement of people, illicit drugs, and other contraband across U.S. borders; improvements needed to enhance travel and trade facilitation and reduce wait times at ports of entry; and processes conducted at ports of entry that do not require law enforcement training and could be filled with non-law enforcement staff or by the private sector, or be automated. In compiling such analysis, CBP shall consider and examine: (1) personnel needs, including K-9 Units, and estimated costs, at each port of entry; (2) technology needs, including radiation portal monitors and non-intrusive inspection technology, and estimated costs at each port of entry; and (3) infrastructure needs and estimated costs at each port of entry. CBP shall, at specified intervals, provide to the committees a ports of entry strategy and implementation plan. | United States Ports of Entry Threat and Operational Review Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Twenty-First Century Water
Commission Act of 2005''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Nation's water resources will be under increasing
stress and pressure in the coming decades;
(2) a thorough assessment of technological and economic
advances that can be employed to increase water supplies or
otherwise meet water needs in every region of the country is
important and long overdue; and
(3) a comprehensive strategy to increase water availability
and ensure safe, adequate, reliable, and sustainable water
supplies is vital to the economic and environmental future of
the Nation.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``Twenty-First
Century Water Commission'' (in this Act referred to as the
``Commission'').
SEC. 4. DUTIES.
The duties of the Commission shall be to--
(1) use existing water assessments and conduct such
additional assessments as may be necessary to project future
water supply and demand;
(2) study current water management programs of Federal,
Interstate, State, and local agencies, and private sector
entities directed at increasing water supplies and improving
the availability, reliability, and quality of freshwater
resources; and
(3) consult with representatives of such agencies and
entities to develop recommendations consistent with laws,
treaties, decrees, and interstate compacts for a comprehensive
water strategy which--
(A) respects the primary role of States in
adjudicating, administering, and regulating water
rights and water uses;
(B) identifies incentives intended to ensure an
adequate and dependable supply of water to meet the
needs of the United States for the next 50 years;
(C) suggests strategies that avoid increased
mandates on State and local governments;
(D) eliminates duplication and conflict among
Federal governmental programs;
(E) considers all available technologies and other
methods to optimize water supply reliability,
availability, and quality, while safeguarding the
environment;
(F) recommends means of capturing excess water and
flood water for conservation and use in the event of a
drought;
(G) suggests financing options for comprehensive
water management projects and for appropriate public
works projects;
(H) suggests strategies to conserve existing water
supplies, including recommendations for repairing aging
infrastructure; and
(I) includes other objectives related to the
effective management of the water supply to ensure
reliability, availability, and quality, which the
Commission shall consider appropriate.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 9
members who shall be appointed not later than 90 days after the date of
enactment of this Act. Member shall be appointed as follows:
(1) 5 members appointed by the President;
(2) 2 members appointed by the Speaker of the House of
Representatives, in consultation with the Minority Leader of
the House of Representatives; and
(3) 2 members appointed by the Majority Leader of the
Senate, in consultation with the Minority Leader of the Senate.
(b) Qualifications.--Members shall be appointed to the Commission
from among individuals who--
(1) are of recognized standing and distinction in water
policy issues; and
(2) while serving on the Commission, do not hold any other
position as an officer or employee of the United States, except
as a retired officer or retired civilian employee of the United
States.
(c) Other Considerations.--In appointing members of the Commission,
every effort shall be made to ensure that the members represent a broad
cross section of regional and geographical perspectives in the United
States.
(d) Chairperson.--The Chairperson of the Commission shall be
designated by the President.
(e) Terms.--Members of the Commission shall be appointed not later
than 90 days after the date of enactment of this Act and shall serve
for the life of the Commission.
(f) Vacancies.--A vacancy on the Commission shall not affect its
operation, and shall be filled in the same manner as the original
appointment provided under subsection (a).
(g) Compensation and Travel Expenses.--Members of the Commission
shall serve without compensation, except members shall receive travel
expenses, including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57, United States
Code.
SEC. 6. MEETINGS AND QUORUM.
(a) Meetings.--The Commission shall hold its first meeting not
later than 60 days after the date on which all members have been
appointed under section 5, and shall hold additional meetings at the
call of the Chairperson or a majority of its members.
(b) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
SEC. 7. DIRECTOR AND STAFF.
A Director shall be appointed by the Speaker of the House of
Representatives and the Majority Leader of the Senate, in consultation
with the Minority Leader and chairmen of the Resources and
Transportation and Infrastructure Committees of the House of
Representatives, and the Minority Leader and chairmen of the Energy and
Natural Resources and Environment and Public Works Committees of the
Senate. The Director and any staff reporting to the Director shall be
paid a rate of pay not to exceed the maximum rate of basic pay for GS-
15 of the General Schedule.
SEC. 8. POWERS AND PROCEEDINGS OF THE COMMISSION.
(a) Hearings.--The Commission shall hold no fewer than 10 hearings
during the life of the Commission. Hearings may be held in conjunction
with meetings of the Commission. The Commission may take such testimony
and receive such evidence as the Commission considers appropriate to
carry out this Act. At least 1 hearing shall be held in Washington,
D.C., for the purpose of taking testimony of representatives of Federal
agencies, national organizations, and Members of Congress. Other
hearings shall be scheduled in distinct geographical regions of the
United States and should seek to ensure testimony from individuals with
a diversity of experiences, including those who work on water issues at
all levels of government and in the private sector.
(b) Information and Support From Federal Agencies.--Upon request of
the Commission, any Federal agency shall--
(1) provide to the Commission, within 30 days of its
request, such information as the Commission considers necessary
to carry out the provisions of this Act; and
(2) detail to temporary duty with the Commission on a
reimbursable basis such personnel as the Commission considers
necessary to carry out the provisions of this Act, in
accordance with section 5(b)(5), Appendix, title 5, United
States Code.
SEC. 9. REPORTS.
(a) Interim Reports.--Not later than 6 months after the date of the
first meeting of the Commission, and every 6 months thereafter, the
Commission shall transmit an interim report containing a detailed
summary of its progress, including meetings and hearings conducted in
the interim period, to--
(1) the President;
(2) the Committee on Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources and the
Committee on the Environment and Public Works of the Senate.
(b) Final Report.--As soon as practicable, but not later than 3
years after the date of the first meeting of the Commission, the
Commission shall transmit a final report containing a detailed
statement of the findings and conclusions of the Commission, and
recommendations for legislation and other policies to implement such
findings and conclusions, to--
(1) the President;
(2) the Committee on Resources and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources and the
Committee on the Environment and Public Works of the Senate.
SEC. 10. TERMINATION.
The Commission shall terminate not later than 30 days after the
date on which the Commission transmits a final report under section
9(b).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $9,000,000 to carry out
this Act.
Passed the House of Representatives April 12, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Twenty-First Century Water Commission Act of 2005 - Establishes the Twenty-First Century Water Commission to: (1) project future water supply and demand; (2) study current water management programs of federal, interstate, state, and local agencies and private sector entities directed at increasing water supplies and improving the availability, reliability, and quality of freshwater resources; and (3) consult with representatives of such agencies and entities to develop recommendations for a comprehensive water strategy. Requires that such strategy: (1) respect the primary role of states in adjudicating, administering, and regulating water rights and uses; (2) identify incentives intended to ensure an adequate and dependable water supply to meet U.S. needs for the next 50 years; (3) suggest strategies that avoid increased mandates on state and local governments; (4) eliminate duplication and conflict among federal programs; (5) consider all available technologies to optimize water supply reliability, availability, and quality, while safeguarding the environment; (6) recommend means of capturing excess water and flood water for conservation and use in the event of a drought; (7) suggest financing options for comprehensive water management projects and appropriate public works projects; and (8) suggest strategies to conserve existing water supplies, including recommendations for repairing aging infrastructure.
Sets forth requirements for semiannual interim reports and a final report within three years. Authorizes appropriations. | To establish the "Twenty-First Century Water Commission" to study and develop recommendations for a comprehensive water strategy to address future water needs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Exchange Infrastructure
Modernization Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a ubiquitous high quality public switched network will
promote--
(A) universal service at reasonable rates;
(B) the universal availability of advanced public
switched network capabilities and information services;
(C) the public health, safety, national defense,
education, security, and emergency preparedness;
(D) the economic development and quality of life by
bringing access to advanced public switched network
capabilities to the American people regardless of their
location;
(E) new services and motivate new service providers
by providing uniform network accessibility and
interoperability;
(F) the international competitiveness of American
industry; and
(G) a seamless, nationwide, coordinated
communications infrastructure that will enhance the
quality of life for all Americans;
(2) the increasing technological complexity and need for
ubiquitous infrastructure capability and interoperability of
the public switched network requires--
(A) sharing of the public switched network
infrastructure and functionality between and among
local exchange carriers;
(B) joint coordinated network planning, design and
cooperative implementation among all local exchange
carriers; and
(C) development of standards for interconnection
between the local exchange carrier public switched
network and any other person by appropriate standards-
setting bodies;
(3) the access provided by the local exchange carrier
public switched network to competitor carriers, information
service providers and others, tie these diverse elements into
an interoperable national telecommunications network;
(4) a ubiquitous, advanced local exchange carrier public
switched network enhances the function and availability of
services provided by all carriers and all other persons using
the network; and
(5) it is in the public interest to promote development of
the public switched network by local exchange carriers because
they--
(A) have universal service obligations for
geographically specific serving areas for which they
must construct a ubiquitous infrastructure;
(B) provide public switched network services that
are subject to regulation with respect to rates, terms
and conditions;
(C) must provide network access to their own
competitors on nondiscriminatory rates, terms, and
conditions; and
(D) are suppliers of last resort to customers in
their serving areas.
SEC. 3. AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934.
(a) Amendment to Section 1.--Section 1 of the Communications Act of
1934 (47 U.S.C. 151) is amended--
(1) by inserting ``(a)'' after ``Section 1; and
(2) by adding at the end thereof the following new
subsection:
``(b) The Commission shall exercise its authority so as to--
``(1) preserve and enhance universal service at reasonable
rates;
``(2) achieve universal availability of advanced network
capabilities and information services;
``(3) assure a seamless nationwide distribution network
through joint network planning, coordination, and service
arrangements between and among local exchange carriers;
``(4) maintain high standards of quality for advanced
network services; and
``(5) assure adequate communication for the public health,
safety, defense, education, national security and emergency
preparedness.''.
(b) Amendment to Section 2.--Section 2(b) of the Communications Act
of 1934 (47 U.S.C. 152(b)) is amended by striking ``227'' and inserting
``229''.
(c) Amendment to Section 3.--Section 3 of the Communications Act of
1934 (47 U.S.C. 153) is amended by adding at the end thereof the
following:
``(hh) The term `local exchange carrier' means a carrier which--
``(1) is required to provide upon request, under tariff or
subject to other government oversight (by the Commission or a
State commission), interstate or intrastate access services and
telephone exchange service;
``(2) is, or was, a participant in one or more interstate
pools established by the Commission, or would have been
required to participate in one or more such pools had the
carrier been engaged in interstate and intrastate access and
telephone exchange service while such participation was
mandatory;
``(3) is subject to the requirements imposed by the
Commission or a State commission related to the provision of
equal access; and
``(4) conforms with the provisions of the North American
Numbering Plan applicable to the assignment of numbering
resources for telephone exchange service, as defined by the
Plan's Administrator.
``(ii) The term `Modification of Final Judgment' means the decree
entered August 24, 1982, in United States v. Western Electric, Civil
Action No. 82-0192 (United States District Court, District of
Columbia).''.
(d) Amendment to Title II.--Title II of the Communications Act of
1934 (47 U.S.C. 201 et seq.) is amended by adding at the end thereof
the following new sections:
``SEC. 228. NETWORK PLANNING AND STANDARDS.
``The Commission shall, within 180 days following the date of the
enactment of this section, prescribe regulations that require--
``(1) joint coordinated network planning, design and
cooperative implementation among all local exchange carriers in
the provision of public switched network infrastructure and
services; and
``(2) development of standards for interconnection between
the local exchange carrier public switched network and any
other person by appropriate standard-setting bodies.
``SEC. 229. INFRASTRUCTURE SHARING ARRANGEMENTS BETWEEN OR AMONG LOCAL
EXCHANGE CARRIERS.
``(a) Sharing Arrangement Regulations.--Within 180 days following
the date of the enactment of this section, the Commission shall
prescribe regulations that require local exchange carriers to share
public switched network infrastructure and functionality with
requesting local exchange carriers lacking economies of scale or scope,
as defined in subsection (b).
``(b) Definition.--For the purposes of this section, the term
`local exchange carrier lacking economies of scale or scope' means any
local exchange carrier which serves a geographic area for which it
lacks economies of scale or scope for the particular required network
functionality.
``(c) Content of Regulations.--The regulations governing such
sharing between or among local exchange carriers shall--
``(1) promote economically efficient decision-making by
local exchange carriers;
``(2) not require any local exchange carrier to make any
decision that is uneconomic or adverse to the public interest;
``(3) permit, but not require, joint ownership and
operation of public switched network infrastructure and
services by or among local exchange carriers;
``(4) limit their applicability to local exchange carriers;
``(5) ensure that a local exchange carrier, when sharing
any infrastructure or providing any functionality to other
local exchange carriers pursuant to this section, shall not be
deemed a common carrier for hire when acting in this capacity,
and such arrangements shall not be deemed common carrier
services by the Commission or by any State commission;
``(6) contain general guidelines to ensure that fair and
reasonable terms and conditions for and in connection with the
business arrangement described in this section are determined
by local exchange carriers;
``(7) establish conditions that promote cooperation between
local exchange carriers; and
``(8) ensure that all regulatory rights and obligations for
and in connection with the business arrangements described in
this section shall be determined exclusively in accordance with
the regulations prescribed pursuant to this section.
``(d) Rule of Construction.--Nothing in this Act shall be construed
to enact into law any economic support currently provided to telephone
exchange service or enact into law any prohibition with regard to new
economic support mechanisms for telephone exchange service or any
service other than telephone exchange service.
``SEC. 230. SIGNALLING.
``Notwithstanding any other provision of law or any restriction or
obligation imposed before the date of enactment of this section
pursuant to the Modification of Final Judgment, no local exchange
carrier shall be prohibited from transporting or processing signalling
and information for another local exchange carrier in adjoining or
reasonably proximate serving areas upon request of that local exchange
carrier to the same extent that the providing local exchange carrier is
permitted to engage in such activities for itself.
``SEC. 231. INTRASTATE COMMUNICATION.
``Except as provided in section 2, nothing in this Act shall be
construed to alter, limit, or supersede the authority of any State with
respect to the regulation of intrastate communication service.''.
SEC. 4. ANTITRUST IMMUNITY FOR LOCAL EXCHANGE CARRIERS.
(a) Inapplicability of Antitrust Laws.--Nothing contained in any
Federal or State antitrust law shall render unlawful any individual or
concerted action taken by a local exchange carrier, or its directors,
officers, agents, employees, affiliates, subsidiaries, joint ventures,
counsel or other persons purporting to act on behalf of such carrier,
pursuant to sections 228, 229, and 230 of the Communications Act of
1934, including (but not limited to) lobbying before Congress or the
Federal Communications Commission or communicating by any means with
other local exchange carriers.
(b) Definitions.--For purposes of this Act, the following terms are
defined:
(1) The term ``Federal antitrust laws'' means the Acts
known as the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act
(15 U.S.C. 12 et seq.), the Robinson-Patman Act (15 U.S.C. 13
et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et
seq.), all subsequent amendments of such Acts, and any and all
other laws which have been or are hereafter enacted to regulate
or prevent contracts, combinations, or conspiracies in
restraint of trade or monopolistic practices.
(2) The term ``State antitrust laws'' means all laws
enacted by States or territories within the United States or
their political subdivisions which are patterned after the
Federal laws known as the Sherman Act (15 U.S.C. 1 et seq.),
the Clayton Act (15 U.S.C. 12 et seq.), the Robinson-Patman Act
(15 U.S.C. 13 et seq.), the Federal Trade Commission Act (15
U.S.C. 41 et seq.), or any subsequent amendments to such Acts,
or any other State laws which are not patterned after such
Federal Acts or amendments but which are designed to regulate
or prevent contracts, combinations, or conspiracies in
restraint of trade or monopolistic practices. | Local Exchange Infrastructure Modernization Act of 1993 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to exercise its authority to: (1) preserve and enhance universal telephone service at reasonable rates; (2) achieve universal availability of advanced network capabilities and information services; (3) assure a seamless nationwide distribution network through joint network planning, coordination, and service arrangements between and among local exchange carriers (LECs); (4) maintain high standards of quality for advanced network services; and (5) assure adequate communication for the public health, safety, defense, education, national security, and emergency preparedness.
Defines "local exchange carrier" as a carrier that: (1) is required to provide upon request, under tariff or subject to other government oversight (by the FCC or a State commission), interstate and intrastate access services and telephone exchange service; (2) is, or was, a participant in one or more interstate pools established by the FCC, or would have been required to participate in one or more such pools had the carrier been engaged in interstate and intrastate access and telephone exchange service while such participation was mandatory; (3) is subject to the requirements imposed by the FCC or a State commission related to the provision of equal access; and (4) conforms with the provisions of the North American Numbering Plan applicable to the assignment of numbering resources for telephone exchange service, as defined by the Plan's Administrator.
Requires the FCC to prescribe regulations that require: (1) joint coordinated network planning, design, and cooperative implementation among all LECs in the provision of public switched network infrastructure and services; (2) development of standards for interconnection between the LEC public switched network and others by appropriate standard-setting bodies; and (3) a LEC to share public switched network infrastructure and functionality with requesting LECs which serve a geographic area for which they lack economies of scale or scope for the particular required network functionality. | Local Exchange Infrastructure Modernization Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Soledad Canyon Settlement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City of santa clarita.--The term ``City of Santa
Clarita'' means the City of Santa Clarita, California.
(2) City of victorville.--The term ``City of Victorville''
means the City of Victorville, California.
(3) Contracts.--The term ``contracts'' means the Bureau of
Land Management mineral contracts numbered CA-20139 and CA-
22901.
(4) Contract holder.--The term ``contract holder'' means
the private party to the contracts, and any successors that
hold legal interests in the contracts.
(5) County of san bernardino.--The term ``County of San
Bernardino'' means the County of San Bernardino, California.
(6) Map.--The term ``Map'' means the map entitled
``Victorville disposal area, California'' and dated March 2011.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Victorville disposal area.--The term ``Victorville
disposal area'' means the 10,206.05 acres of land identified
for disposal in the West Mojave Land Management Plan (2006) of
the Bureau of Land Management and depicted on the Map.
SEC. 3. APPRAISAL; COMPENSATION TO CONTRACT HOLDER.
(a) Appraisals.--
(1) Contract appraisal.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall
determine by mineral appraisal, using the discounted
cash flow method of appraisal (in accordance with the
appraisal guidelines for appraisals of large quantities
of mineral materials contained in section IV(E) of BLM
Mineral Material Appraisal Handbook H-3630)--
(i) the fair market value of the contracts;
and
(ii) the amount of royalties the Federal
Government would receive under the contracts
over the 10-year period beginning on the date
of enactment of this Act.
(B) Considerations.--In making the determination
under subparagraph (A), the Secretary shall assume
that--
(i) the contract holder has obtained all
the permits and entitlements necessary to mine,
produce, and sell sand and gravel under the
contract; and
(ii) mining operations under the contract
have commenced at the time of the
determination, with maximum annual production
volumes that--
(I) are based on the projected
supply and demand outlook at the time
of determination; and
(II) reflect depletion of the
reserves that are subject to the
contract within the effective periods
of the contract.
(C) Donation.--The Secretary shall provide to the
contract holder and the City of Santa Clarita a list of
approved appraisers from which the parties shall select
and provide the funding to cover the costs of the
appraisal under subparagraph (A).
(2) Land appraisal.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall
determine by appraisal standards under existing laws
and regulations, the fair market value of the
Victorville disposal area on a net present value basis.
(B) Donation.--The Secretary shall provide to the
contract holder and the City of Santa Clarita a list of
approved appraisers from which the parties shall select
and provide the funding to cover the costs of the
appraisal under subparagraph (A).
(b) Compensation.--
(1) In general.--Subject to paragraph (2), not later than
30 days after completion of the appraisals under subsection
(a), the Secretary shall offer the contract holder compensation
for the cancellation of the contracts.
(2) Conditions on offer.--An offer made by the Secretary
under paragraph (1) shall be subject to the following
conditions:
(A) The cancellation of the contracts and the
provision of compensation shall be contingent on the
availability of funds from the sale of the Victorville
disposal area under section 4, and any additional
compensation provided under subparagraph (D), as
determined necessary by the Secretary.
(B) The amount of compensation offered by the
Secretary under this subsection shall be equal to or
less than the fair market value of the contracts, as
determined under subsection (a)(1)(A)(i).
(C) The amount of compensation offered by the
Secretary under this subsection shall be equal to or
less than the projected revenues generated by the sale
of the Victorville disposal area under section 4, less
the projected lost royalties to the Federal Government
over the 10-year period beginning on the date of
enactment of this Act, as determined under subsection
(a)(1)(A)(ii).
(D) If the amount of projected revenues described
in subparagraph (C) is less than the fair market value
determined under subsection (a)(1)(A)(i), the Secretary
shall, not later than 60 days after the date on which
the Director of the Bureau of Land Management
determines the projected revenues under subparagraph
(C), negotiate an agreement with the contract holder
and the City of Santa Clarita to provide to the
Secretary amounts equal to the difference, in the form
of--
(i) compensation to be received by the
contract holder; and
(ii) compensation in a form acceptable to
the Secretary to be provided by the City of
Santa Clarita.
(3) Acceptance of offer.--
(A) In general.--The contract holder shall have 60
days from the later of the date on which the Secretary
makes the offer under paragraph (1) or an agreement is
negotiated under paragraph (2)(D) to accept the offer
or agreement.
(B) Failure to accept offer.--If the contract
holder does not accept the offer under paragraph (1) or
if an agreement is not negotiated under paragraph
(2)(D) within the time period described in subparagraph
(A), the contracts shall remain in effect and no
further actions shall taken be taken pursuant to this
Act.
SEC. 4. SALE OF LAND NEAR VICTORVILLE, CALIFORNIA.
(a) In General.--Notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713)
and subject to subsections (b) through (f), not later than 2 years
after the date of enactment of this Act, the Secretary shall place on
the market and offer for sale by competitive bidding and in a manner
designed to obtain the highest price possible, all right, title, and
interest of the United States in and to the Victorville disposal area.
(b) Availability of Map.--The Secretary shall keep the Map on file
and available for public inspection in--
(1) the office of the Director of the Bureau of Land
Management; and
(2) the district office of the Bureau of Land Management
located in Barstow, California.
(c) Right of Local Land Use Authority To Purchase Certain Land.--
(1) In general.--Before a sale of land under subsection
(a), the Secretary shall provide to the applicable local land
use authority an exclusive preemptive right, as determined
under State law, to purchase any right, title, or interest of
the United States in and to any portion of the parcels of land
identified as ``Area A'' and ``Area B'' on the Map that is
located within the jurisdiction of the local land use
authority.
(2) Timing.--A preemptive right under paragraph (1) shall
be in effect for a period of 30 days before the land is sold
under subsection (a).
(3) Authority.--During the period described in paragraph
(2), the local land use authority may purchase some or all of
the right, title, and interest of the United States, as
provided in subsection (a), in and to the land to be offered
for sale at fair market value, as determined by an appraisal
conducted by the Secretary.
(4) Exercising right.--If the local land use authority
exercises the preemptive right under paragraph (1), the
Secretary shall convey the land to the local land use authority
immediately on payment by the local land use authority of the
entire purchase price of the applicable parcel of land.
(5) Failure to pay.--Failure by the local land use
authority to purchase and pay for the right, title, and
interest of the United States in and to the land described in
paragraph (1) within the time period described in paragraph (2)
and to comply with any other terms and conditions as the
Secretary may require shall terminate the preemptive right of
the local land use authority with respect to the right, title,
and interest offered for sale.
(d) Withdrawal and Reservation.--
(1) Withdrawal.--Subject to valid existing rights, the land
described in subsection (a) is withdrawn from--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(2) Reservation.--In any sale or other disposal of land
under this section, there shall be reserved by the United
States the right of the United States to prospect for, mine,
and remove minerals from the conveyed land.
(e) Consultation.--In addition to any consultation otherwise
required by law, before initiating efforts to dispose of land under
this section, the Secretary shall consult with the City of Victorville,
the County of San Bernardino, and surface owners in the jurisdiction in
which the land is located regarding the potential impact of the
disposal and other appropriate aspects of the disposal.
(f) Account.--The gross proceeds of a sale of land under subsection
(a) shall be deposited in an account acceptable to the Secretary and
available only for the purposes of carrying out this Act.
SEC. 5. CANCELLATION OF CONTRACTS.
(a) In General.--On completion of the compensation to the contract
holder for the value of each contract in accordance with subsection
(b), the Secretary shall cancel the contracts and withdraw those areas
that were subject to the contracts from further mineral entry under all
mineral leasing and sales authorities available to the Secretary.
(b) Compensation; Cancellation; Retention of Funds.--
(1) In general.--Subject to paragraph (3), the Secretary
shall provide to the contract holder the compensation agreed to
under section 3(b) by disbursement of amounts from the account,
in 4 equal payments, as funds are available;
(2) Cancellation.--
(A) Contract ca-20139.--On completion of the first
2 payments to the contract holder under paragraph (1),
the Secretary shall cancel contract CA-20139.
(B) Contract ca-22901.--On completion of the
remaining 2 payments to the contract holder under
paragraph (1), the Secretary shall cancel contract CA-
22901.
(3) Retention of funds.--The Secretary shall retain
sufficient funds to cover the projected lost royalties
determined under section 3(a)(1)(A)(ii).
(c) Release and Waiver.--Upon acceptance and receipt of
compensation under subsection (b), the contract holder shall waive all
claims against the United States arising out of, or relating to, the
cancellation of the contracts.
Passed the House of Representatives December 11, 2014.
Attest:
KAREN L. HAAS,
Clerk. | . Soledad Canyon Settlement Act - (Sec. 3) Directs the Secretary of the Interior to offer to cancel Bureau of Land Management (BLM) mineral contracts CA-20139 and CA-22901 (located in Soledad Canyon, California) and compensate the contract holder for the cancellation with proceeds from the sale of certain lands near Victorville, California. (Sec. 4) Requires the Secretary to provide to the applicable local land use authority a 30-day exclusive, preemptive right to purchase specified land located within its jurisdiction. Withdraws affected areas from further mineral entry and leasing. | Soledad Canyon Settlement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Budgeting Act of 1993''.
SEC. 2. STATEMENT OF FINDINGS AND PURPOSE.
(a) Statement of Finding.--The Congress finds that--
(1) the objective of enhancing long-term economic growth is
not well served by a budget process focused on short-term
results,
(2) long-term economic growth depends not only upon a
stable social, political, and economic environment and a higher
level of national savings, but also upon a sound public
infrastructure, an educated citizenry and workforce, an
investment in research and the discovery of knowledge, and the
harnessing of inventive genius into the workplace and
marketplace,
(3) the existing presentation of the Federal Budget
obscures the distinctions between long-term capital
investments, expenditures of a developmental character, and
current operational spending, and
(4) the public interest will be served by a Federal Budget
presentation which presents information showing long-term
effects of expenditures.
(b) Purpose.--It is the purpose of this Act to require that the
unified budget present--
(1) an operating budget, and
(2) an investment budget divided into--
(A) federally-owned capital, and
(B) developmental investments,
for each of the 3 major components of the budget (general,
trust, and enterprise funds) in order to ensure a continued
focus on the Government's total financial operations, while
providing better and more relevant information upon which to
base both overall fiscal policy as well as program priorities
within the Federal Budget.
SEC. 3. CAPITAL AND OPERATING BUDGETS.
(a) In General.--Title 31, United States Code, is amended by
inserting after section 1105 the following new section:
``SEC. 1105A. CAPITAL AND OPERATING BUDGETS.
``(a)(1) The budget of the United States submitted by the President
under section 1105 of this title shall be a unified budget composed
of--
``(A) an operating budget, and
``(B) an investment budget divided into federally-owned
capital and developmental investments.
``(2) Operating and investment budgets shall be presented
separately for unified funds, general funds, trust funds, and
enterprise funds.
``(b)(1) Actual, estimated, and proposed amounts shall be presented
for unified funds, general funds, trust funds, and enterprise funds,
and, at a minimum, shall contain:
``(A) For the operating budget:
``(i) Operating revenues.
``(ii) Operating expenses.
``(iii) Operating surplus/deficit before interfund
transfers.
``(iv) Interfund transfers.
``(v) Operating surplus/deficit.
``(vi) Federal expenditures financing the operating
expenses of State and local governments.
``(B) For the investment budget:
``(i) For federally-owned capital: the office
buildings, equipment, and other assets that are owned
by the Government for use in its operations together
with a showing how such assets will improve the
efficiency and effectiveness with which government
agencies carry out their missions.
``(ii) For developmental investments (including
grants and loans to non-Federal entities for improving
physical infrastructure, research and development, and
investment in human capital through education and
training): the amounts to be invested together with a
projection of how such investments will improve the
prospects for higher rates of economic growth on the
future.
``(2) For both categories of investment budgets, the following
information will be presented:
``(A) Investment funds together with investment revenues.
``(B) Financing requirements before interfund transfers.
``(C) Interfund transfers.
``(D) Projected effects upon economic growth.
``(3) The investment budget shall represent only the major
activities, projects, and programs which support the acquisition,
construction, alteration, and rehabilitation of such investment assets
and the major programs and activities which support nonmilitary
research and development, education, and job training. All other
activities, projects, and programs shall be represented in the
operating budget.''.
(b) Clerical Amendment.--The table of sections for chapter 11 of
title 31, United States Code, is amended by inserting after the item
relating to section 1105 the following new item:
``1105A. Capital and operating budgets.'' | Capital Budgeting Act of 1993 - Amends Federal law to require that the budget the President submits to the Congress be a unified budget comprising an operating budget and an investment budget (divided into federally-owned capital and developmental inestments), each presented separately for unified funds, general funds, trust funds, and enterprise funds. | Capital Budgeting Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prohibiting Detention of Youth
Status Offenders Act of 2017''.
SEC. 2. DEINSTITUTIONALIZATION OF STATUS OFFENDERS.
Section 223 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)(11)--
(A) by striking ``shall'' the first place it
appears;
(B) in subparagraph (A)--
(i) in clause (i), by inserting ``and'' at
the end;
(ii) in clause (ii), by striking ``and'' at
the end;
(iii) by striking clause (iii); and
(iv) in the matter following clause (iii)
by striking ``and'' at the end;
(C) in subparagraph (B), by inserting ``and'' at
the end; and
(D) by adding at the end the following:
``(C) if a court determines the juvenile should be
placed in a secure detention facility or correctional
facility for violating an order described in
subparagraph (A)(ii)--
``(i) the court shall issue a written order
that--
``(I) identifies the valid court
order that has been violated;
``(II) specifies the factual basis
for determining that there is
reasonable cause to believe that the
juvenile has violated such order;
``(III) includes findings of fact
to support a determination that there
is no appropriate less restrictive
alternative available to placing the
juvenile in such a facility, with due
consideration to the best interest of
the juvenile;
``(IV) specifies the length of
time, not to exceed 3 days, that the
juvenile may remain in a secure
detention facility or correctional
facility, and includes a plan for the
juvenile's release from such facility;
and
``(V) may not be renewed or
extended; and
``(ii) the court may not issue a second or
subsequent order described in clause (i)
relating to a juvenile, unless the juvenile
violates a valid court order after the date on
which the court issues an order described in
clause (i);
``(D) there are procedures in place to ensure that
any juvenile held in a secure detention facility or
correctional facility pursuant to a court order
described in this paragraph does not remain in custody
longer than 3 days (with the exception of weekends and
holidays) or the length of time authorized by the
court, or authorized under applicable State law,
whichever is shorter;
``(E) juvenile status offenders detained or
confined in a secure detention facility or correctional
facility pursuant to a court order as described in this
paragraph may only be detained in secure custody one
time in any six-month period, provided that all
conditions set forth in subparagraph (D) are satisfied;
and
``(F) not later than one year after the date of
enactment of this subparagraph, with a single one-year
extension if the State can demonstrate hardship as
determined by the Administrator, the State will
eliminate the use of valid court orders as described in
subparagraph (A)(ii) to provide secure lockup of status
offenders;''; and
(2) by adding at the end the following:
``(g) Applications for Extension for Compliance.--States may apply
for a single one-year extension to comply with subsection (a)(11). To
apply, a State must submit an application to the Administrator
describing--
``(1) the State's measurable progress and good faith effort
to reduce the number of status offenders who are placed in a
secure detention facility or correctional facility pursuant to
a court order as described in this paragraph; and
``(2) the State's plan to come into compliance not later
than 1 year after the date of extension.''. | Prohibiting Detention of Youth Status Offenders Act of 2017 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to modify the deinstitutionalization of status offenders (DSO) core requirement with which a state must comply to receive funds under the Formula Grant Program. The DSO core requirement prohibits the secure detention or confinement of a juvenile who commits a status offense (i.e., an offense that would not be a crime if committed by an adult). This bill eliminates an exception to the DSO core requirement that permits the secure detention or confinement of an out-of-state runaway youth. It also eliminates, not later than one year after enactment, an exception to the DSO core requirement that permits the secure detention or confinement of a juvenile status offender who violates a valid court order. Until then, use of the valid court order exception to securely detain or confine a juvenile status offender must comply with additional requirements, such as issuance of a written court order and a three-day maximum length of detention. | Prohibiting Detention of Youth Status Offenders Act of 2017 |